Evening star., 1947-12-31
Ruling Giving Negroes
Vote in South Carolina
May Go 10 High Court
BY fhe Assoeiatsd Press

COLUMBIA, S. c., Dec. 31.-A
United States Circuit Court of Ap-
peals decision upholding District
Court ruling that Negroes are en-
titled to vote ii, South Carolina
Democratic primaries appeared
headed for the Supreme Court today
although State party oficials would
not commit themselves definitely to
an appeal. The decision was hand
ed down in Richmond, Va, yester-
day
In its decision, the Appeals Court
blasted the contention OF South
Carolina Democratic Party ofiicers
that the party there is voluntary
political association which can ex-
ercise unrestricted choice of men,
bership" and that Negroes have no
more right to vote in the Democratic
primary than to vote in the election
of officers of the Forest Lake Coun-
try Club"
mo election machinery can be
upheld If its purpose or effect is
to deny the Negro. on account Of
his race or color, an effective voice
in the government of his country
or the State or the community
wherein he lives said the decision,
written by Judge John j. Parker,
Charlotte, N. c.
Chairman William P. Baskin of
the South Carolina State Demo-
cratic Executive Committee said
he had no statement to make until
l see the decree because Il do not
know TO what extent it went
Attorneys Also Withhold Comment.
Attorneys who represented the
party before the Circuit Court, to
which District Judge j. Waties
Warnings ruling was appealed, like
wise said they wanted tn study the
decision before commenting.
| Mr.. Baskin pointed out that the
decision to appeal rested with the
Executive Committee, which indi-
Gated at its last meeting that it
favored taking the case to the
Supreme Court if necessary.
mo comment was forthcoming
from Gov. J. Strom Thurmond, who
said he did not care to be quoted
when a further appeal was in
prospect Gov Thurmond has no
official connection with the State
Democratic organization.
Negro Groups to Fight Appeal.
Should the case be taken to the
Supreme Court, the Negro Citizens
Committee and the National AS
sociation for Advancement OF
Colored People, are prepared to 60
every step of the way in opposing
the appeal, President James M
Hinton of the South Carolina
NAACP said. The citizens COM
mittee and the NAACP backed the
filing of the original court action.
Mr.. Hinton added that I'VE are
deeply appreciative of the courts
ruling"
Chairman John H. McCray of the
South Carolina Progressive (Negro)
Party said the Negroes of South
Carolina are pleased over the de.
cision of the United States Fourth
Circuit Court Of Appeals"
"We have fought hard and long
for this right to vote where voting
is effective" Mr.. McCray said. 1--WE
maintain still our confidence and
trusts in our democratic processes.
Are Determined to Vote"
while we trust no step will be
taken to nullify this new ruling, we
are determined to vote and to re-
move every obstruction in our way
The case on appeal was brought
by George Elmore, Columbia Negro
variety store operator. against the
members of the Richland County
Democratic Executive Committee
and managers at one voting place
in the 1946 primary.
Mr.. Elmore contended that he
was a qualified" elector and that
he was kept from voting because
of his race. His civil rights were
damaged, he claimed, because he
was not permitted to vote in the
only "meaningful election" held In
the State.
State laws governing primaries
were repealed in 1914 and the State
Democratic party set itself up as a
private association which could re-
strict it's choice of membership. A
party rule permits white" Demo-
Gratis only to vote in the primaries.
Victory in the primaries has long
been tantamount to election. Sub
sequent general elections, in which
voting is always slim, merely con-
firm the outlook Of the primaries.