White Primaries

Two Federal judges in Texas--Judge Joseph C. Hutcheson at Houston. Judge Duval West at San Antonio--last week handed down decisions that may bear critically on the November election. Each decided that the Democratic Party, being in no sense a governmental agency but only a social-political organization, is entirely within its rights in determining for itself what shall be the qualification for citizens who cast votes in primary elections held under its auspices. The suits were brought, of course, by Negroes who asked that the Democrats be enjoined from barring out Negroes. The decisions made it clear that the Democrats had discovered the simplest method yet of disfranchising Negroes. Certificates from Democratic primaries in the South are virtually the same as election certificates, so ubiquitously preponderant is the party. Where any rising tide of black Republican votes may occur, white concern for the all-white ticket is calculated to insure the Democrats against the dangers of sloth, carelessness, disaffection among themselves. The new Texas method of disfranchising Negroes by simple race discrimination in the party membership supersedes early, cruder. methods. Texas used to bar Negroes from the polls by a State law. But Negroes had this law declared unconstitutional. Other methods have been:

1) Literacy tests--requiring voters to prove that they could read and write. Education of the Negroes spoiled this. 2) Property requirements The Negroes' post-slavery discovery of industry and thrift spoiled this. 3) The "Grandfather clause"--admitting to suffrage any man who voted in 1867 or before, or was one son or grandson of such a man. The practical effect, if not the technical process, of denying Negroes a share in the government is, of course, a violation of the 14th and 18th Amendments to the U. S. Constitution. It has become trite to point out the inconsistency of such nullification by citizens who prate about the sanctity of the 18th Amendment. Last week's dark plaintiffs in Texas will not have time before November to carry their cases to the U. S. Supreme Court. But predictions were made that when the appeals are heard, the South's constitutional dilemma will grow more acute than it has been for a generation.

The all-white Texas primary held last week returned Governor Dan Moody for re-election by some 100,000 votes. T. B. Love, loudspoken anti-Smithist, candidate for Lieutenant-Governor, ran some 80,000 votes behind Barry Miller, pro-Smith. Senator Earle B. Mayfield was close-pressed in defending his seat from ambitious Representative Tom Connally.