nixon herndon argued decided march louis marshall new york city knollenberg el paso spingarn new york city channell el paso moorfield storey boston james cobb washington plaintiff error claude pollard simmons austin defendants error justice holmes delivered opinion action judges elections refusing permit plaintiff vote primary election texas lays damages five thousand dollars petition alleges plaintiff negro citizen texas resident el paso every way qualified vote set forth detail except statute mentioned interferes right july primary election held el paso nomination candidates senator representatives congress state offices upon democratic ticket plaintiff member democratic party sought vote denied right defendants denial based upon statute texas enacted may acts leg called sess vernon ann civ art designated article words event shall negro eligible participate democratic party primary election held state texas statute contrary fourteenth fifteenth amendments constitution defendants moved dismiss upon ground suit political within jurisdiction violation amendments shown suit dismissed writ error taken directly argument made behalf defendants brief allowed filed attorney general state objection suit political little play upon words course petition concerns political action alleges seeks recover private damage private damage may caused political action may recovered suit law hardly doubted two hundred years since ashby white ld raym ld raym recognized wiley sinkler giles harris see also judicial code act march stat comp defendants conduct wrong plaintiff reasons allow recovery denying plaintiff vote final election allow denying vote primary election may determine final result important question whether statute sustained although state question answer seem us open doubt find unnecessary consider fifteenth amendment cause seems us hard imagine direct obvious infringement fourteenth amendment applies passed know special intent protect blacks discrimination slaughter house cases wall strauder west virginia amendment gave citizenship privileges citizenship persons color denied state power withhold equal protection laws declaring law shall black white persons whether colored white shall stand equal laws regard colored race whose protection amendment primarily designed discrimination shall made law color quoted last case buchanan warley ed ann cas see yick wo hopkins statute texas teeth prohibitions referred assumes forbid negroes take part primary election importance indicated discriminating distinction color alone may good deal classifying difficult believe rational limits clear extended argument color made basis statutory classification affecting right set case judgment reversed