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- r Published Every Saturday hr J«ha Mil *• it ill North rourth Street. tiahmm*. r* JOHN MITCHBLL. JR.. ..BBiTQB t.i communication* intended tor puh^aataoa «oald be ea^i to reach ua hy ITeffBeadap. Entered at the >’u*t Office at Richmond. Virginia, a* eecond cla>* matter. )ne Year .1 2-°® liz Months . LW .'hree Months . ,'W r ireign Subecriptiooe .**®® reign Adverti...* Repreeenutive. W. B. 'iff COmpanr. ** ’'etfhtni Street. Chicago; j*l Victoria Building. St Louie, Mo ; »10 Longacre Building, Nen York. SATURDAY.... .MARCH 31, 1928 BARRING NEGRO DEMOCRATS HERE The Richmond, Va.. Times-Dis patch publishes in its issue of March 23rd a most interesting com munication from that brilliant, ver satile correspondent, Mr. Earle Lutz. He says: State and city Democratic leaders are making preparations to resist threatened court action by Negro voters who want to participate in the mayoralty primary on April 3. The Negro voters roly cn the de cision of the United States Supreme Court which declared unconstitu tional the Texas election law limit ing participation in a Democratic priaiary to whites. Murray Hooker, chairman of the State Central Democratic Commit tee; E. M. McClure, chairman of the City Democratic Committee; Wilmer L. O'Flaherty, member of the city electoral board, and Rich mond Lacy. -Tr.. assistant City At torney, yesterday conferred with Assistant Attorney-General Leon M. Bazile in regard to the threatened suit. No specific action resulted, it was stated. If this communication had stopped there, it would have been all right, but it did not. He con tinues: A comparison of the Texas law which was declared invalid and the Virginia primary law shows a wide variance. So carefully was the Vir ginia law drawn, it is believed that its. constitutionality will he upheld if the Federal court is called to paste upon it. After the conference yesterday, Mr. Hooker declared him self well satisfied with the situa tion. We do not know of an attorney, who appeals to the court, be it State or Federal, who does not for the time being assure his client that he is well satisfied with the situation. Certainly, Mr. Murray Hooker, who is chairman of the State Central Democratic Com mittee and who is also a politician, is not the one to give «.ut an in dividual opinion upon this all im portant subject. But whs t is the wide variance between the law adopted by the legislature of Texas and the one adopted by the legisla ture of Virginia? Let us see. Mr. Lutz says: The Texa; iaw specifically bars Negroes from participation in a Democratic party primary. The Virginia law does not deal with a particular party, nor does it specifically bar any race. It gives the parties the right to make their own rules and regulations. The Texas law attempts, on the part of the State, to discriminate, whereas the Virginia law Itself does not discriminate in any way. If there is discrimination at all, it is on the part of the individuals mak ing up the Democratic party. It is admitted that any law. which bars Negroes from participating in a legalized primary is unconstitu tional. The State of Virginia defrays the expense of these party primaries and accordingly primaries become a part of the State election ma chinery and are subject to the fundamental rules. rights and privileges of a regular election. Ln Texas,' the law provided and uncon ditionally specified that no Negro should be permitted to participate in a Democratic primary election. The Supreme Court of the United States said that this could not be done and that this species of legis lation was in violation of the Con stitution of the United States. In this State, it is so provided that the Democratic Party or any other party for that matter acts foil the State, becomea its agent and is given the authority to make their owi rules and regulations governing the primaries. Both legal and com* mog-sense would Indicate that these agtiite could not exercise any pow er' in excess of that given to the State itself and Is ln tact bounc^by such restrictions as may be placed upon the principal for whom they act. They must conform their rules and regulations to the lavfe of the State and those of the United States. The State cannot authorize its agents to do any more or dlwafftrd I any law or legal requirement thatj the State itself can do, disregard or require. The wording of Mr. Luts’s article might well be cnanged to read: “The Virginia law does not drill with a particular party, nor does it specifically bar any race. It gives the parties the right to make their own rules and regula tions to bar the Negroes from par ticipating and voting in the Demo cratic party primary.” Can the legislature of Virginia legally do this? To ask the question is to answer it. The claim is that a dis crimination on account of race and i color is made, but it is done by individuals and not by the State. 1£ the State has made the in dividuals, its agents, then the State must see to it that its agenta shall live and operate within the limits of the Constitution under which the State lives and operates. Each and every citizen must receive the equal protection of the law, in accord ance with the provisions of the XIV Amendment to the Constitution, of the United States. The State can not delegate to individuals the power and authority to Hout and disregard the constitutional law and the mandate of the Supreme Court of the United States. It could, if this were true, dele gate with equal propriety to in dividuals to lynch a person or to subject such person to cruel and unusual punishments. The State not only cannot do this, but its offi. sals become responsible and when put on notice are under a sworn obligation to prevent such violations of the law and to use the courts and the armed forces of che State to prevent just such happenings. lr this ca~e, the fctate oi vn ginia has been pu. on notice that the constitutional rights of a class of citizens are not only oo; ardized, but are about to be ‘ akon away. What shall he done about it? We shall see. Mr. Lutz says: 1 at courts have held, lawyers assert, that the Constitutiont pr> ' ibi discrimination by the United °ta'.j3 and States, but not by in dividuals. This argument needs no farther answer. The individuals are sot acting* in their individual capacity, but have become agents of the State and accordingly the remark has no significance in this dis cussion. Negroes are barred from Demo craiic primaries entirely by the Texas law. But, under the Vir ginia law, they could participate in any primary if the party holding the primary permitted them to. This remark is covered by previ ous discussion. It does not merit further attention. He concludes as follows: The Texas law reads: “All quali fied voters under the laws and the Constitution of the State of Texas who are bona fide members of the Democratic party shall be eligible to participate in any Democratic party primary election, providing such voter complies with all the laws and rules governing party primary elections; however, in no event shall a Negro be eligible to participate in a Democratic party primary election held in the State of Texas and, should a Negro vote in a Democratic party primary election, such ballot shall be void and election officials are herein di rected to throw out such ballot and not count the same.” Section 228, Code of Virginia, says: “All perse ns qualified to vote at the election for which the pri mary is held, and not disqualified by reasons of other requirement* in. the law of the party to which he belongs, may vote at the primary.” At another point, the Code con tinues: “The words ‘law of the party,’ as u'.ed in this section, shall be construed to mean the law or ru’r- and regulations adopted by «■> State, district or local authori ties <?f the party under whose au ices the primary is held not in conflict with the party plan ot suol party.” This then ends the matter, so far as the Negro Democrats are con cerned. It provides that such rules and regulations are operative, pro vided they are not in conflict with the law of the party. Is it not rid; ulous to state that these rules and regulations are operative even though they are in conflict with the laws of the United States, when the party’s officials are acting as agents of the State? As a matter of fact, Negro Democrats have the legal right to vote, all else being equal in the Democratic primary, April 3, 1928. Personally, we are not concerned as we do not affiliate with that party. The evident intent of all of this talk is to cause delay beyond the date' set so that in the conte^| between Mayor J. Fulmer Bright, ex-Mayor George Ainslie and®At torney John Hirschberg, these rear end members of the Democratic party may not have the opportun ity to express their wishes and to vote for the candidate of their choice. The Negro question has not been injected in this campaign and any one of the gentlemen named would make a most acceptable mayor. But there is something deeper and more vital than that and it is hoped that the Bright Negroes, the Ainslie Ne groes and the Hirschberg Negroes may be enabled to vote, “Aye,” Backache Lumbago Rheumatism Quick, Sure Relief With Red Cross Kidney Plaster Why suffer another day when this famous plaster will so quickly help you out of your misery? The Red t Cress Kidney Plaster applied im med.alely over the pain brings warmtir, support and comfort. The medica 'tion penetrates to the seat of the pain and almost like magic all soreness disappears The red flannel back keeps in the warmth and causes the medication to 'penetrate through the skin to the sore muscles and joints. Try a Red Cross , Kidney Plaster tonight, and prove for, yourself how quickly this old reliable . remedy dri\es away th? miser! of backache, r.ieumatism and lurawgfc At all drug stores, _ _ • when the name of their favorite is announced. Straddling a rail, on the back fence and looking down with interest upon the pai’ties to the fray, we simply say, “Go it, ye cripples; may the best man win.” “BOB” CHURCH AND THE MUCKRAKERS. It is evident that there is a con certed effort now being made to dis credit and overthrow the Negro po litical leaders in the South-land. The men maueuvreiag this scheme are resorting to any kind of tactics to achieve this result. It was originally stated that there was no antipathy to the intelligent well-to-do citizen of color. It was alleged that the fighi was against the ignorant Negroes. The intent and purpose of this campaign ,-s being disclosed in the attacks recently upon Davis of Geor gia, Cohen of Louisiana, Howard of Mississippi and lasti but not least, Hon. Robert R. Church, of Memphis Tenn. The absurdity of the charges appear upon their face. Here is the As .ociuted Press announcement: ♦Vasiiington. March 2G.—Agents or the Department of Justice have been ordered into the field to in vestigate charges that Bob Church, Negro Republican leader of Tennes see. off°reH to sell the Memphis postmastership to G. H. Poole for 400. The charges ' were borne in rffidevi ? from Po~r? su’mvtted to day bo Postmaster-General New, by L. J. Ilavwood, Republi'-an leader of West Tennessee. The Post mi;. ter-Gcneral forwarded them to the Department of Justice with a request for action. Before the day was out. At torney-General Sargent ordered spe cial investigators to make a thor ough inquiry into the charges with the view to prosecution if the facts warranted. Fostmaster-General New express ed surprise at the charges, declar ing that never before had there been any reason to suspect Church’s motives in recommending post masters. Church was described as a Yale graduate with independent means through inheritance from his father, who was a real estate operator. There is ©ne gratifying phase of the situation. “Bob” Church is able to take care of himself and there are tens of thousands of white and colored people, North and South ready and willing to take care of him. Selah. Ret. Dr. J. W. Dudley Galled to New Jersey Rev. J. W. Dudley, former pas tor of the Zion Baptist Church, South Richmond, Va., left this week to take charge of the First Naza tene Baptist Church. Fourth and Line Streets, Camden, New Jersey. He tendered his resignation to his church here for the second time on Tuesday, 20th inst. Out of about 150 members all but IT voted not to accept it. Having pledged him self to the other church he insisted that he must go. Communion ser vices take place at Camden tomor row and a welcome v.i.'.i bo tendered him April 1, 1928. Many regret the leaving of this popular divi.ne. The installation ser ices begin on the fifth Sunday in April and will continue two weeks. Rev. Dr. Dud ley will also be provided with a parsonage, 1107 Baring Street, Camden, X. J. He will be pleased to see any of his Virginia friends at any time. WOMEN—Earn $18 dozen sewfn* dresses at home; experience necessary. Everyth ng supplied. Steady work, 2e stamp brings par ticulars. PEARL GARMENT, 64$ Broadway, New York. DO YOU KNOW HIM? Washington, February 24, 1»28. To the Chief of Police. On the 15th of February, 19LI, we transferred the above Alexander Taliaferro, als. Alexander Tyler, a colored man, who was insane, from the St. Elizabeth's Hospital, this city, to your office where he was taken charge of by you or vour pre decessor, Major Werner. We have just learned from the above St. Elizabeth Hospital, this city, where the patient was at the time of his being returned to your city, that this patient left at the hos pital a watch and fob, which the hospital forgot to give us at the time of his transfer, and they are anxious to locate this patient if possible, so his belongings can be returned to him or his relatives. Do you think there is any chance >n yo,1r locating the above patient or his friends (we believe his relatives were dead at the time), so the above watch and fob could be returned to him. GEO. S. WILSON. •Moore St. Bapt. Church,: * West Leigh St., between Kinney and'Bowe Sts ^ :[)r. Gordon B. Hancock,: ' PASTOR. , : SUNDAY, April 1st, 1928 : 11:30 A. M. —1'The Gospel According to the ' Insurance and Business Men1' • * (The seventh of a series entitled the 4 Modern Gospel of Jesus Christ.) 8:30 P. M.—Sermon by the Pastor. 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And still more wonderful, it smoothens out, becoming straighter with each application. CD EC For a limited time only. ■nCC I will give away FREE with each purchase of Moorish I gtrate-Blaok, a sample of my fa I ipous MOORISH POMADE HAIR DRESSING- and also FREE, a [ vial of my well-known HINDU CHARM PERFUME, which sells ' regularly at $2 an ounce. Special Introductory Price, $1.50. and 3 Cans $4; C.O.D. $4.i0. Mailed direct to you In plain en velope. Money with order $1.50; C.O.D. $1.95} Three Cau, 14; C. O. 9 , $4.60. E. F. LECHLER, (Hair Beauty Specialist) 567 1-2 W. 181st St. N. Y. VIRGINIA: In the Circuit Court of the City of Richmond, Tuesday, March 6, 1928. Elizabeth B. Davis .Plaintiff against James H. Davis- ....Defendant The object of this suit is to ob tain a divorce from the bond of matrimony by the plaintiff, Eliza beth B. Davis, from the defendant, James H. Davis, on the ground of wilful desertion and abandonment, and an affidavit having been made and filed that the said defendant is not a resident of the State of Vir ginia, and that his last known post office address was Stubensville, Ohio, it is hereby ordered that the said James H. Davis appear here within ten days after due publica tion of tl.is order and do what is necessary to protect his interest in this suit. A Copy—Teste: E. M. ROWELLE. Clerk. c. a. McKenzie, p. q. i ryz VIRGINIA: In the Circuit Court of the Ci v • f Richmond, Tuesday, March 6, 1928. Laura F. Thomas.Plaintiff against Thomas H. Thomas.Defendant The object of this suit is to ob tain a divorce from the bond of matrimony by the plaintiff from the defendant on the ground wilful de sertion and abandonment, and an affidavit having been made and filed that th" -aid defendant is not a resident of he State of Virginia, and that his last known post-oifice address was Elizabeth, New Jersey, it is hereby ordered that the said Thomas H. Thomas appear here within ten days after due publica tion of this order and do what is necessary to protect his interest in this suit. A Copy—Teste: E. M. ROWELLE, Clerk. c. a. McKenzie, p. q. WHERE ARB THE HUTCHISONS? I would like to know the where, about a of my brothers, Charlie M. and Olen G. Hutchison, reported to be living in Richmond, Va. They may be passing as American Negro er Indians. Our father, Dr. C. H. Hutchison, a Cherokee Indian lived in Richmond a few years after tak ing up his profession, about 1880. Our mother was a Black Kawk In. dian. My father’s birthplace waa In or near Culpeper, Va. His mother was named Adeline Taylor. She left Lynchburg, Va. in 1890, with her daughter Rosa and went to New York City. I am told that my fath er’s half brother, Frank Golf waa pastor of First Baptist Cfaureh In Richmond. Address all Information to, HUGH F. HUTCHISON, Hugh F. Hu'chison Chemical Work* 1051 Rizt l Avenue, Manila, Philippine I. 4 Message to Underweight Men and Women The one supremely good health budding tonic that is also the one. greaJ weight producer known- to modern science the country over <is McCoy’s Tablets. Take them for a few weeks aud flie hollows in your cheeks, your nock and chest should soon All out and whether you be man or woman you may have an attractive flgnre and plenty of ,‘geJ there” energy In jusu a short time. Many times the increase in weigh-’ is aston'shing—one exceedingly :!hin woman gained 10 pounds in 22 days McCoy takes all the risk—Read this ironclad guarantee. 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