CONSTITUTIONAL LAW-CONGRESSIONAL PRIMARIES-VOTING RIGHTS OF NEGROES

The petitioner, Lonnie E. Smith, a Negro citizen of Harris County, Texas, brought suit for damages against election judges who refused to give him a ballot or to permit him to cast a ballot in the primary election of July 27, 1940, for the nomination of Democratic candidates for federal and state officers. The refusal was alleged to have been solely because of Smith's race and color and consequently violated sections 31 and 43 of title 8 of the United States Code by depriving Smith of rights secured under provisions of the Federal Constitution. The District Court of the United States for the Southern District of Texas, in which the suit was filed, denied the relief sought and the Circuit Court of Appeals approved this action, on the authority of Grovey v. Townsend. The Supreme Court granted the petition for certiorari to resolve a claimed inconsistency between the decision in Grovey v. Townsend and that in United States v. Classic.

Held, by the Supreme Court, Mr. Justice Roberts dissenting, that the judgment of the circuit court should be reversed and Grovey v. Townsend be overruled. Smith v. Allwright, 12 U.S. LAW WEEK 4279 (April 4, 1944).