Show NEGRO HA HAS RIGHT To m PRIMARY VOTE JU f lARS RICHMOND Va Ya June 5 b AP 1 AD ADJudge In Judge Jude Lawrence D. D Groner United States district court here tod today held the Virginia primary law Jaw contrary to the fourteenth and fifteenth fifteenth amendments to the federal ral ralI I constitution Judge opinion in the case ease of James O. O Wet West elt negro Democrat Democrat Dem Dem- a against A. A C. C Bliley and WilIlam William Wil Wil- liam Ilam Boltz Judges jud 1 and nd v iain flicker Ricker clerk clerk of of a Richmond voting precinct declared that the state stale may Sitar not provide otherwise than for Cor equal right of suffrage as 1 well Inthe in inthe inthe the primary as In the tho general elec elec- tion This the statute does docs he lu said sald and If this was all ail there would be beno beno beno no ground for complaint but it goes further and rec recognizes and enforces the right rh-ht of a political party to prescrIbe prescribe prescribe pre pre- scribe qualifications forbidden under the fifteenth amendment to th the constitution constitution constitution con con- of the United States This a state may not do Judge Groner's opinion went Into detail as to the constitutionality llly ot of ol the law which has been construed as barring negro voters oters In his lils action West claimed n nominal nominal nomi nomi- ml- ml nal damages because e precinct officials refused to permit him to vote otc in the last lut D Democratic primary To this plea the state stale through T T lent nn 1 M. M assistant f tt v y t I general filed a demurrer Th The de J t wax was n. n overruled o to today a VT bT Judge Judg Groner Judge Judge-Groner Judge Judg Groner gave ga ae the defendant election lection officials 60 days daYH in which to o plead further and continued the theca ca case aft after r overruling the he demurrer The case was regarded by attorneys attorneys nes ne's as having ha an important effect on primary legislation in Virginia and possibly other southern states stales West est the plaintiff said ho was a qualified D Democrat and had voted In n primaries held prior to the en enactment enactment en- en I of the present type of primary mar mary mart law in JO 1912 12 |