Evening star., 1944-04-03

affairs handled by party not gov
ernmental officers"
Cites Classic" Case.
The court then reviewed the two
first cases from Texas under which
Negroes were barred from primaries
by statute, which the high tribunal
held was unlawful. Subsequently,
the Grover case came before the
court and the exclusion was upheld
Later on, the court continued, in
the Classic case in Louisiana 1t was
held that the Federal Government
can control primaries which are
part of elections"
This Classic case, the court con-
tinued, bears on the 1885 Grovey
case, mot because exclusion of
Negroes from primaries is any more
or less State action by reason of
the unitary character of the elec-
toral process but because Of the
recognition Of the place of the pri-
mary in the electoral scheme makes
clear that State delegations to g
party of the power to fix the qualifi-
cations of primary elections is dele
cation of a State function that
may make the party's action the
action of the State"
So, the court said, the case re-
solves itself into one of whether
State or private action has excluded
Negroes from participation in Texas
primaries and that Federal courts
have a right to determine this for
themselves. "It is only by the per-
formance Of this obligation that a
final and uniform Interpretation can
be given to the Constitution, the
supreme law of the land"
1t recalled then that Texas re-
quires a poll tax and sets up other
statutory requirements that lead
ultimately to the selection Of pri-
mary election officers.
Texas thus directs the selection
OF all party officers" the court said
1t added: 1--WE think that this stat
utory system for the selection of
party nominees for inclusion ON
the general election ballot makes
the party, which is required to fol-
low these legislative directions. an
agency of the State in so far as II
determines the participants In a
primary election. The party takes
its character as State agency
from the duties imposed upon it by
state statutes; the duties do not
become matters of private law be-
cause they are performed by a DO
litical party"
Applies Test of Election.
Continuing, the court said.
When primaries become a part
OF the machinery for choosing Off.
cas- as they have here, the same
tests to determine the character
OF discrimination or abridgement
should be applied to the primary as
are applied to the general election
II the State requires a certain
electoral procedure, prescribes a een-
eral election ballot made up of party
nominees so chosen and limits the
cnoice OF the electorate in general
s1ectlonS Tor State officers. practi.
caHy speaking, to those whose
names appear on such a ballot II
indorses, adopts, and enforces the
discrimination against Negroes
practiced by party entrusted bv
Iexas law with the determination
OF the qualifications of participants
IN the primary. This is State
action within the meaning of the
18th amendment.
The United States is a consti-
tutlonal democracy. Its organic law
grants to all citizens a right to nar-
t!clpate in the choice of elected off,
clals without restriction of anv state
because OF race = = The privilege of
membership in a party may be- as
the court said in Grovey versus
townsend on concern of a. state
out when, as here, that privilege is
also the essential qualification for
voting In primary to select nom
lnees Tor a general election, the