The Omaha guide., 1947-01-11

the Senate should exclude him
from a seat at the time he pre-
5ents himself to take the oath Of
office"
In particular. the brief points
put that the Mississippi primaries
are IAN integral part Of the cleo
ion machinery Of that state" and.
IS such, Negroes constitutional
light to vote herein is guaranteed
Under the federal constitution.
The brief states that the State
Democratic Committee had de-
1lared that Negroes had such a
light Of participation prior to
5enator-elect Biib0's active cam
9aign in which he advocated sup
preston of the Negro vote in the
primary and admitted that IL he
could have legally prevented it
not one Negro would have voted.
Stating that the testimony (In
tle Senate hea1ings) shows q
tate-wide condition of intimida-
ton not merely Of Individual Ne
groes but of large blocks Of Ne
roesi" the brief continues, "tht
facts c~onclusively demonstrate
that Senator BilbO did not receive
he nomination bw an expression
q majority of the qualified De-
ocratis voters ia mississippi
and U-dar Mississippi law was
iuDro-e-ly on the ticket.his
election therefore Irregular ana
void
Letter. the brief states, "state
courts have clearly established the
principle that where qualified cleo
Cr5. sufficient in number to have
changed the result of the election.
were ccrruntly and fraudUlently
deprived Of en- opportunity to vote.
lhe election is void.--Senator Bill
70 merely claims q primary ma
iority of 1884 votes, but when
t7e large Negro population and
56,972 discharged Negro veterans
in Mississippi are considered it is
plain his majority vanishes." The
brief asserts. therefore, that since
It has been established by the
courts that The right to vote in
the primary in Mississippi without
discrimination because of race or
color is protected by the Federal
Constitution---.there cannot be a
lawful white Democratic Pri-
mary in Mississippi as alleged by
Senator Bilbo in his testimony"
The brief further states: 1--WE
have just recently concluded a life
and death struggle with nations
dedicated to the principle Of q
cial superiority. We found this to-.
talitarian concept so dangerous TO
our own democratic existence as
to warrant the sacrifice of the
lives of thousands of American ci-
items to conclude and eradicate
these evil forces.--..Senator Bilbo
has shown by his campaign state
ments that he does not believe
that the right of citizens of the
United States to vote-----should
not be denied or abridged by
the United States Or by any state
on account of race, color or pre-
vious condition Of servitude.
THE American republic form Of
government is based upon and
depends for its continued exist
ence upon the free and untrammel-
ed exercise Of the elective fran
chise by all of its citizens. If men
who sit in the Senate Of the Unit
ed States do not subscribe to this
basic principle the ultimate result
will be the same as though this
government were cverthroWn by
military force. Every republican
form Of democracy is founded up-
on the right Of the free exercise
of citizenship in the casting of
the ballot. IF this is DESTROYED or
taken away, whatever be the
means, the government fails; be-
cause the very fundamental prin-
ciple of its establishment is vio-
lated and taken away"
In conclusion. stating that the
Senate itself is on trial before the
bar of world opinion, the brief
submits that failure to meet
the issues here presented head on
and fairly may yet result in dras-
tic and most serious consequences
to III entire nation in world af-
fairs