lane wilson argued march decided may charles chandler muskogee james nabrit washington petitioner joseph stone muskogee charles watts wagoner respondents justice frankfurter delivered opinion case certiorari review judgment circuit appeals tenth circuit affirming district eastern district oklahoma entered upon directed verdict favor defendants action one damages brought section revised statutes colored citizen claiming discriminatory treatment resulting electoral legislation oklahoma violation fifteenth amendment const certiorari granted importance question asserted conflict decision guinn constitution oklahoma admitted union regulated suffrage article iii whereby electors state age years disqualifications case felons paupers lunatics section soon admission suffrage provisions oklahoma constitution radically amended addition literacy test white voters effect relieved operation clause art clause stricken violative prohibition discrimination account race color previous condition servitude fifteenth amendment outlawry occurred june meantime oklahoma general election based offending clause invalidation clause special session oklahoma legislature enacted new scheme registration prerequisite voting oklahoma laws act february section statute section oklahoma statutes obviously directed towards consequences decision guinn supra voted general election automatically remained qualified voters new registration requirements affected others apply registration april may qualified time extension june given county period time prevented sickness unavoidable misfortune registering within time crux present controversy validity registration scheme dividing line white citizens voted clause immunity prior guinn supra citizens outside days normal period registration theretofore proscribed class petitioner colored citizen oklahoma plaintiff hereafter referred sued three county election officials declining register october qualified registration get registration list evidence conflict whether presented year registration circumstances registration denied fact plaintiff get register terms statute thereby permanently lost right register hence right vote central claim plaintiff unconstitutionality section defendants joined issue claim insisted illegality denial plaintiff right registration proper recourse courts oklahoma district took case jury action affirmed circuit appeals found proof discrimination negroes administration section denied legislation conflict fifteenth amendment defendants urge two bars plaintiff recovery apart constitutional validity section say plaintiff assumption invalidity oklahoma statute register therefore right registration denied secondly argue state procedure determining claims discrimination must employed invoking federal judiciary contentions considered first disposition constitutional question must reserved last first objection derives misapplication giles harris case bill equity brought colored man behalf behalf five thousand negroes citizens county montgomery alabama similarly situated effect asked federal supervise voting state officers called extraordinary situation found reinforce argument equity undertake past enforce political rights see page page apart traditional restriction upon exercise equitable jurisdiction another difficulty giles harris supra plaintiff effect asking specific performance right alabama electoral legislation presupposed validity legislation claiming whole theory bill invalidity legislation naturally enough took claim face value found legislation basis specific performance decreed case different giles harris difference explicitly foreshadowed giles harris supra case declared prepared say action law maintained facts alleged bill page page precisely basis present action brought following legislation congress enforce fifteenth amendment person color statute state subjects causes subjected citizen within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law fifteenth amendment secures freedom discrimination account race matters affecting franchise whosoever color statute subjects another discrimination thereby deprives fifteenth amendment secures section becomes party injured action law theory plaintiff action defendants acting color section discriminate section inherently operates discriminatorily claim sustained right sue section follows basis action inequality treatment though color law denial right vote compare nixon herndon preliminary objection maintenance action likewise untenable vindicate present grievance plaintiff pursue whatever remedy may open state courts normally state legislative process sometimes exercised administrative powers conferred state courts must completed resort federal courts prentis atlantic coast line state procedure open one plaintiff situation section indicia conventional judicial proceeding confer upon oklahoma courts discretionary initiatory functions characteristic administrative agencies see section article iv oklahoma constitution oklahoma cotton ginners state okl barring exceptional circumstances see gilchrist interborough rapid transit explicit statutory requirements stat stat resort federal may without first exhausting judicial remedies state courts bacon land pacific tel tel kuykendall therefore avoid passing merits plaintiff constitutional claims reach fifteenth amendment contrivances state thwart equality enjoyment right vote citizens regardless race color amply expounded prior decisions guinn myers anderson amendment nullifies sophisticated well modes discrimination hits onerous procedural requirements effectively handicap exercise franchise colored race although abstract right vote may remain unrestricted race guinn supra oklahoma clause found violative fifteenth amendment oklahoma confronted serious task devising new registration system consonant political ideas also consistent federal constitution compelled conclude however reluctantly legislation partakes much infirmity clause able survive section oklahoma statutes makes registration prerequisite voting sections citizens qualified vote voted required register save exceptional circumstances april may default registration perpetually disenfranchised exemption onerous provision enjoyed registered registration held statute condemned guinn case unfair discrimination thus retained automatically granting voting privileges life white citizens constitutional clause sheltered subjecting colored citizens new burden practical effect legislation accord members negro race discriminated outlawed registration system days within reassert constitutional rights found guinn case improperly taken believe opportunity thus given negro voters free effects discrimination never subjected cabined confined restrictions imposed must judged reference designed must remembered dealing body citizens lacking habits traditions political independence otherwise living circumstances encourage initiative enterprise sure exceptional cases mental period available narrow basis supplemental registration brief normal period relief persons purposes question practical difficulties record case gives glimpses inevitable administration strict registration provisions leave escape conclusion means chosen substitutes invalidated clause invalid fifteenth amendment operated unfairly class whose behalf protection constitution successfully invoked judgment circuit appeals must therefore reversed cause remanded district proceedings accordance opinion reversed remanded justice mcreynolds justice butler think reached right conclusion judgment affirmed justice douglas took part consideration disposition case footnotes shall duty precinct registrar register qualified elector election precinct makes application thirtieth day april eleventh day may person applying shall time applies register qualified elector precinct shall comply provisions act shall duty every qualified elector register within time provided elector absent county residence period time prevented sickness unavoidable misfortune registering precinct registrar within time may register precinct registrar time tenth day may including thirtieth day june precinct registrar shall register person provision unless satisfied person absent county prevented registering sickness unavoidable misfortune hereinbefore provided provided shall mandatory duty every precinct registrar issue registration certificates every qualified elector voted general election held state first tuesday first monday november without application said elector registration deliver certificate elector still qualified elector precinct failure register elector voted election held november shall preclude prevent elector voting election state provided wherever elector refused registration registration officer action may reviewed district county aggrieved elector filing within ten days petition clerk said whereupon summons shall issued said registrar requiring answer within ten days district shall expeditious hearing judgment appeal lie instance either party state civil cases provided provisions act shall apply school district elections provided county election board state shall furnish precinct election board respective counties list voters voted election november list shall conclusive evidence right person vote see also sawyer walton house pomeroy equity et seq pound equitable relief defamation injuries personality sections constitution concerning registration illegal inception new doctrine constitutional law original invalidity cured administration defeated intent express opinion alleged fact unconstitutionality beyond saying willing assume valid face allegations main object bill purpose granting relief necessary pray order object secured page page recognition difference action damages equitable relief prayed giles harris supra repeated close opinion see page page justices harlan brewer brown opinion competent federal grant even equitable relief asked giles harris supra act april stat became section revised statutes shall duty every qualified elector state register elector provisions act elector shall permitted vote election unless shall register herein provided elector shall permitted vote primary election political party except political party registration certificate shows member section oklahoma laws person may become qualified elector precinct state tenth day may closing registration period may register elector making application registrar precinct qualified voter twenty less ten days day holding election upon complying terms provisions act shall duty precinct registrars register qualified electors precinct terms provisions act beginning twenty days date holding election continuing period ten days precinct registrars shall authority register electors time except provided act registration certificate issued precinct registrar time except herein provided shall valid section oklahoma laws