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»vbliabed Every •atunlay hf U BU North fourth hr*A ;OHN MITCHELL. JR.EDITOR ^11 communications Intended (or puhL*»ti«« •jould b* ML*, to reach m hy W«**ssdnr. trite red at the i*cst Office at Richmond ♦ Ityinia. a» second class matter. »•« Yeai . M'S Months . •"hfee Months . foreign Subscriptions » «•« 1.M .M .. IM Foreign Advert*..* Representative, W. B. yff Company, V* '-earboni Street, Chicago, «S1 Victoria Building, 8t. Louis, Mo ; ‘SU Longacre Building, New York. _ _ i — -—l SATURDAY.JUNE "15 1929 It costs money to publish a news paper but some of the folks in this country do not seem to think so. if you are to judge by the slow manner in which they pay. • It would be well to remember when you are greatly worried that “God rules in the affairs of men that in the lives of all of us destiny holds sway. I Those colored folks hereabouts whose “mouths have been watering to vote for some of these liberal minded Democrats will now have the privilege of so doing. It is a good thing that Judge D. Lawrence Groner has no aspirations to run for public office. He could be elected by both white and colored Citizens “with a whoop”. •••• Judge Groner s decision in the case of James O. West, the Negro Democrat is “mighty interesting reladling 'affecting jaa it doe's the Republican Party also. The leaders of that Party will not be able io “slam the door’ of the Republican Party in the faces of the Negro Re publicans any more than leaders of th% Democratic Party will be able to do this same thing with tne Negro Democrats. It is a sword that cuts both wav^ “Glory Hallelujah!” The elections in South Africa took p.ace this week and the issue on according to the natives the right to vote was bitterly contested. The result as far as ascertained shows that the present government which opposed the suffrage^t'Pr Negroes. ( has been overthrown and the polit ical party led by General Jan Smuts has been overwhelmingly successful. “The mills of the gods grind slowly, but exceeding fine”. Thirteen Republican “kickers” combined with the Democrats in the (United States Senate in defeating the farm relief legislation as pro posed by the Republican leaders backed bv all the influence and power of the Hoover Administra tion Export debentures Jhat is the payment of a subsidy upon foreign goods exported from this country was the issue. President Hoover is opposed to it|. At the dinner given in Washing ton Monday, June 10th in honor of the newly named chairman of the {Democratic Executive Committee. Mr. Jouett Shouse Mr*. John J. Raskob chairman of the Democratic National Committee announced that he would not resign this position. The meeting was a success and em phasized the throttle hold that Hon. Alfred E}. Smith of New York has upon the organization in this coun try. It means that the only reason that Mr. Smith will not be the candidate of the Party in 1932 will be because of his positive refusal to accept the nomination. Those people who bolt ed the Party will be required to stay off the reservation for a long time. No other conclusion can be drawn from the speeches delivered in this meeting. A Jud&e Groner The opinion is as follows: In the District Court of the united ' States for the Eastern District of Virginia. James 0. Westj Plaintiff, vs. A. C. Bliley, William Boltz, and William Ricker, Defendants. At Law—No. 795. Memo Overruling the Demurrer The declaration alleges that the plaintiff is a citizen of the United States and resides in the first pre cinct of Madison Ward in the cuy of Richmond, Virginia. That tne first two above named defendants were the duly appointed judges and the last named the duly appointed clerk at a primary election held in the cit> of Richmond on the 3rd of April, 1928, for the purposes of nominating candidates on the Democratic ticket for mavor, councilman, and aider man. that the plaintiff, who is a Negro, was on that day a male citizen of the United States, over twentj one vears of age, in all respects qua. ified to vote in the ensuing genera election, and that he was and had been for some time pas>. a bona tide member of the Democratic party oi the State of Virginia. To Recover Damages The action is brought to recover damages for the refusal b> the de fendants to permit the plaintiff to vote in the above mentioned primarj solelv because he was a Negro De fendants have filed a demurrer to the declaration. This raises the question whether the action of the defendants Si excluding the plaintiff from voting wis an infringement Qt tne guaranteed to him by the Fourteenth and Fifteenth Amendments Of tne Federal Constitution. The action is brought under Section 43 of lide b of U. S. C. A. Virginia Constitution Section 36 of the Constitution of Virginia provides as follows. i “The General Assembly shall enact such laws as are necessary and proper for the purpose ot securing the regularity and pur itv of general, local and primal } elections, and preventing and punishing any corrupt practices in connection therewith; and shall have power, in addition to other penalties and punishments now or hereafter prescribed by law for such offences, to provide that persons convicted of them shall thereafter be disqualified from voting or holding office. i Pursuant to this authority the uen eral Assembly of Virginia hm provid ed (Code 1924. Chapter lo, Section 2211 a comprehensive plan in rela tion to primary elections, providing therein for participation by any po litical party which shall at the pre ceding presidential election have polled at least one-fourth of the total vote cast in such election. Applies to All Nominations The provisions of this chapter ap ply to the nominations of all candi dates for office to be nominated by a ' direct primary. The right is granted ' to the party authorities of any politi-< cal party qualified to participate int such a primary, to adopt some other ^ method for the_ nomination of candi • dates for office, but when participa tion in the direct primary is decided on bv such party authorities, the time when the same is to be held, the con duct of same, the appointments of judges and clerks, the method of holding the election and returning the ballots, the appointment of commis sioners to canvass the vote, the duty of the State Board of Canvassers in relation to declaring the result, the provision for securing order at the polls, the prevention of frauds in the election, are all provided for in like manner as in the general election, in cluding provision for the payment of the expenses of holding and conduct ing the primary, payment of judges < and clerks of election, furnishing nec essary stationery and supplies, rent of polling places, furnishing and dis tributing ballot boxes and poll books,, etc., in the same way and to the same extent as in a general election. , „ Who May Vote | Section 228 provides who may vote < and includes “all persons qualified to ( vote at the election for which the primarv is held, and not disqualified < by reasons of other requirements in the law of the party to which he be longs:' (Italics added.) It further i provides that no person shall vote except for the candidates of the par- < ty to which he belongs and which he supported in the preceding election. ' < The declaration alleges and the de murrer admits that the plaintiff was 1 excluded from voting in the direct ’ primarv because of a i*esolution adopted by the State Democratic i Convention in 1924, pursuant to the < authority of the Statute, declaring ■ that onlv white, persons should par ticipate ‘in a Democratic primary. ■ Admission of Counsel Counsel for defendants admit, as of course thev must, that a statute of a State which attempted to exclude Negroes from voting in a Democratic primary would be in conflict with the Fourteenth Amendment of the Fed-: eral Constitution (Nixon v. Herndon,j 273 U. S. 536), but insist -that the, discrimination against the plaintiff j complained of here was the act of an | individual or a group of individuals, acting as such, and therefore not within the purview of the Federal Constitution. History and Circumstances The history and circumstances of the adoption of the Fourteenth and Fifteenth Amendments to the Con stitution have no place in this dis cussion. For the present it is suf ficient to point out that the Four teenth Amendment determines that persons born in or naturalized ac cording to law are citizens of the United States and of the State where they reside. That no State shall abridge the privileges and immuni ties of any citizen or deny him equal protection of the laws. To the States it says that no law shall be made or enforced to diminish any one of the privileges and .immunities of the peo ple of the United States, and it di rects Congress to adopt such laws as may be necessary to enforce the amendment. As construed by the Supreme Court (Civil Rights Cases, 109 U. W. 3: James v. Bowman, 190 U. W. 127), the first section of the Amendment is a prohibitory measure and its prohibitions operate against States and not against private per sons. < 4 The Point at Issue The point, therefore, on which this case* turns is whether the act of the election officers—the defendants—was an official act or a personal act, that is to say, was in the performance of a duty enjoined on them by statute or was merely individual and per sonal and authorized by a right in herent in the political organization to which they belong. Defendants say that the iatter is the correct view. That affiliation with_a political party is not a matter of right but of party regulation and that the legislature as such has no authority to flx stand ards or qualifications of membership. Grigsby v. Harris, 27 F (2d) 942. They say in effect that there is no legal ban on the formation of a po litical party based wholly on color or on religious belief or on sex or any other standard which the party chooses to adopt, and that because of this, the General Assembly of Vir ginia in recognizing the right made no delegation of power but only rec ognized the existence of the power where it has always resided. The Way Out There can be no doubt, at least so far as the State of Virginia is con cerned, that a political party way refuse to avail itself of the privi leges of the direct prjmary and may nominate candidates to be voted for in a general or special election in any of the ways in which such nomina tions were made before the introduc tion of the primary. Candidates foi public office may be made such by petition, by action of a caucus, or by a convention. Indeed they may be nominated in primary conducted, by the party under its own rules and at its own expense. But if because of the greater safeguards which the law throws around a legalized primary, or because in such case the expense is borne bv the State, a party elects to adopt this method of naming its candidates for public office, it may do so and still preserve the absolute right to determine \\ho shall partici pate, is a much more delicate ques tion. • A Modern Proposition The primary as a means of naming candidates for a place on the official ballot is comparatively modern. Its spread in the last quarter of a .cen tury has been steady and it is today in practically every State the exclu sive method adopted by the two great political parties for the nomination of candidates for office, State and Federal. Its growth and adoption as a vital part of the election system arose because of the importance to the public to “give vitality to the constitutional guaranty of a free and untrammeled ballot.” Judge Keith’s Language I This purpose may not be better stated than repeating the language of Judge Keith in Commonwealth v. Willcox, 111 Va., page 859, as fol lows : “We know, as a matter of common knowledge, that the purpose of hold ing a primary election is to select a candidate to'be voted for by a party organization at the ensuing genera^ or special election. \\ e know^ that the person selected at the primary election to be voted for at the general or special election will receive the votes of the members of the party to which he belongs and for which the primary Is held, and if both political organizations, or all political organi zations, into which a community is divided, held primary elections, it necessarily follows that the person chosen at the primary becomes the nominee of his party to be voted for at the general election, and that one of the primary nominees will ulti matelv be elected to the office. “In* other words, the primary when adopted by a political party becomes an inseparable part of the election machinery, and if a candidate to be voted for at the general election is to. be selected at a primary, it is impos sible to secure the regularity and purity of the general election without n the first place guarding against ir regularity^, and fraud at the primary ilection. The primary election con stitutes a necessary part, and fulfils in essential function in the plan to promote honesty in the conduct. of elections—elections which shall faith fully reflect and register the un- | pought will of the electors. “If there be fraud in the primary Section, which is the very root from ,vhich the whole s.ystem of regulation springs, it is vain to regulate the ;onduct of general elections, for the fraud by which the nominee at the primary election is chosen enters into md is an ineradicable constituent in ;he result. However fair the general Section may be, if at that ejection rien have no choice but to vote for ■andidates who have been nominated >y fraudulent practices at primaries. >r else to desert their party, which vould be in most instances but to hrow away their votes without ichieving any good resu’t. the effect >f the election must be the consum nation of a fraud and tne d°fnat of he will of the people, for ‘of thorns nen do not gather figs, nor of a bram ble bush gather they grapes.’ “We are of opinion that section 122-0 is not only ccgnate and ger nane to, congruous with and in fur therance of the object expressed in he title of chapter 10 of the Code, which fully satisfies the requirements )f the Constitution, without resort to iny liberality of construction, but :hat primary elections in their nature have such a relation to and bearing upon general elections, that the omis sion to bring them within the law would have left the plan devised by the legislature for securing the regu larity and purity of elections wholly abortive and ineffectual.” What the Supreme Court Said In Nixon v. Herndon, supra, the Supreme Court said that ‘ the same reasons that allow a recovery for de nying the plaintiff a vote at a final election allow it for denying a vote at the primary election that may de termine the final result,” and in con struing a statute of Texas providing that “in no event shall a Negro be eligible to participate in a Demo cratic Party primary held in the State of Texas, etc.,” declared the statute an infringement of the Four teenth Amendment. Dodging the Issue The statute of Virginia, unlike that of Texas, does not in terms exclude the Negro, but gives to the party participating the right to do so. The result is the same. The legislature, pursuant to constitutional authority, having undertaken to regulate pri mary elections and to authorize them to be held at the public expense and to provide the same rules and regu lations applicable to an election, may not indirectly any more than it may directly exclude a duly qualified voter who declares himself ^to be an ad herent to the party participating in EAST INDIA nAitt Urtimctt Will Promote a Fall Growth of lair, Will also Restore the Strength, fh k tality and the Beaatj of the NatL l| 1 Your Hair la Dry aad Wk? Tti . ' EAST IHOII UIR MOWER If you are bothered with Falling [ Hair, Dandruff, Itching Scalp or any I Hair Trouble, we want you to try a JAR OF BAST INDIA HUB MOW ER . The Remedy contains Nodi cal proprieties that go to the roots of the hair, stimulates the akin. helping nature ao ita wars, uimjvm the hair soft and silky. Perfumed with a balm of a thousand flowers. 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Day or Nisht Calls Answered Promptly.: the primary from thje exercise of his right of suffrage. The Fourteenth: Amendment The Fourteenth Amendment com pels the adoption of what is called impartial suffrage. Its purpose was to establish all over the United States one peop e and that each of these may understand the constitutional '• fact that his privileges and immu nities cannot be abridged by State , authority, and that these rights are not confined to any class or race but, comprehend all within its scope. The , General Assembly of Virginia hav ing provided the primary as a meth od (though optional) for the nomi nation of candidates and the Supreme Court of Virginia having declared it Continued cn page S .. 1 OTHER PEOPLE IUDGE YOU NOW BY YOUR i FURNITURE When yon can get FURNOTJM VH RUGS from an Old bHahad Hots* tike JURGENS—that's known to sell the best quality goods. Jnat as reason able as elsewhere—why not give yoor I friends a good impression. 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So after (be hair fan been wA wfih warm water, rdb yoar shampoo well into te hair roots using te TTPS of year fingers, not te anb _ - not he afindd of a little The aesdp h <pte sufficiency as-fth. AH year subbing will not mare *hnn 1 it to t*1*1 tnaffoo—and Chat SHOULD be doOS any war. It is not necessary to later four times, as te young bdy <fld fa me. Twice is quite nimciet Wfayi waste te dhwtajtxrf 4 L. J. H A YDEN Manufacturer of Pure Herb Medicines relieve all diseases or no charge 224 W. Broad St., Richmond, Va. DO YOU LOVE HEALTHS U m, call and see L. J. HAYDEN, Manufacturer ol Pure Herb Medicine* SSI Waat Broad Sir ML. Mgr medicines will relieve you or no charge, os matter shat your djgeaset sickness or affliction may be and reater# go* to perfect healtba I use nothing but herbs, roots, bark#, gun, balsaam* leaves, seed, berries, flowers and plants in my medicine* • They have relieved thousands that have gives up to die. MT MEDICINES CURE THE FOLLOWING DISEASES: Heart Dieses* Blood, Kidney, Bladder, Piles In any form, Vertigo, Quinsy, Sore Throat, Dyspepsia, IndigMUon. Constipation, Rheumatism 1a any form, Paine and Ache* of any Kind, Colds, Hronemal Troubles, skin Diseases, all Itching Sensation*, Female Complaints, LaGrlppe, Pneumonia, Ulcers, Carbuncle* Bolls, Cancer in lta worst form without use of knife or instrument, ficssma, Pimples on face and Lod7, Diabetes of Kidneys, Bright’s Disease of Kidneys. My medicines relieve any disease, no matter what nature, or year money refunded. Med. vines on L J. sent HAYDEN, anywhere. For full particulars, 224 West Broa d Street. writ* send or sal) Richmond. Va., July 8. 1815. A perfect cure ras been effected by L. J. Hayden's Pure Herb Medi horrible diaeoee, OruTel. 1 desire to cine*. After waiting thirteen years and have not suffered trem the make a statement to L. J. Hayden: Thirteen years ago twelve leading physicians of my city treated me for Kidney trouble and gravel without the desired benefit. These doctors advised me to be operated on, as that was the only chance for me. 1 was advlse<i to go. and* get some of L. J Hayden’s Herb Medicine and try be lore being operated on. 1 did bo, and In twenty-four hours after using bis medicines, I passed at least a half dozen gravel, some as big as s large pea. Since that time I have not suffered with the gravel- ^1 highly recommend L. J. Haydens medicine to all suffering humanity. 1 am, J* A. FAttB, 4 Auburn Ave., Richmond, va. ■r*m* jjpjpHVMl IMPROVEMENT NOTED AT ONCE Mr. L. J. Hayden, 224 West Broad Street Richmond, Va. I received your treatment 0. K. and I have started to taking it already for a rtw days, and it has already begun to improve my ail ment s© I am sending to you for one more bottle of medicine for the blood. 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