nixon condon argued march decided may james marshall nathan margold arthur spingarn new york city fred knollenberg cameron el paso tex kugelmass new york city brief petitioner ben howell thornton hardie el paso respondents alston atkins carter wesley houston tex nabrit nabrit atkins wesley houston charles houston washington counsel movants justice cardozo delivered opinion petitioner negro brought action judges election texas recover damages refusal reason race color permit cast vote primary election first time found necessary invoke jurisdiction federal courts vindication privileges secured federal constitution nixon herndon decided october term statute state texas article revised statutes added acts called sess afterwards numbered vernon ann civ whereby legislature said event shall negro eligible participate democratic party primary election held state negro vote democratic primary election ballot shall void election officials directed throw mandate force negro shut share primary elections obedience party speaking party organs command state speaking voice chosen representatives suit petitioner statute adjudged void infringement rights liberties constitution promptly announcement decision legislature texas enacted new statute acts called vernon ann civ art repealing article condemned declaring effect decision create emergency need immediate action substituting article repealed another bearing number article thus substituted political party state state executive committee shall power prescribe qualifications members shall way determine shall qualified vote otherwise participate political party provided person shall ever denied right participate primary state former political views affiliations membership organizations political party acting new statute state executive committee democratic party adopted resolution white democrats qualified constitution laws texas subscribe statutory pledge provided article revised civil statutes texas none allowed participate primary elections held july august chairman secretary directed forward copies resolution committees several counties july petitioner citizen qualified vote unless disqualified foregoing resolution presented polls requested furnished ballot respondents judges election declined furnish ballot permit vote ground petitioner negro force resolution executive committee white democrats allowed voters democratic primary refusal followed action damages district judgment dismissal affirmed circuit appeals firth circuit writ certiorari brings cause barred voting primary petitioner sole reason color white result different cause argument respondents however identity result attained essential diversity method reminded fourteenth amendment restraint upon upon private persons unconnected state cruikshank strauder west virginia ex parte virginia james bowman line demarcation drawn told political party merely voluntary association inherent power like voluntary associations generally determine membership new article statute adopted place mandatory article exclusion condemned effect restore members party power lawmakers silent qualifications thus established far aloof impact constitutional restraint membership golf club admission masonic lodge whether political party texas inherent power without restraint law determine membership required time either affirm deny argument petitioner quite apart article controversy provisions election law whereby privilege unfettered choice withdrawn abridged citing articles revised civil statutes nomination primary many circumstances required statute nomination made article parties representatives become custodians official power article heed given realities political life agencies state instruments government becomes living thing view runs argument party still free define political tenets members profess tenets may denial privileges narrower base serve judgment cause hand whether effect texas legislation work complete transformation concept political party voluntary association decide nothing opinion taken carrying intimation ready unready follow petitioner far decision must postponed decision becomes necessary whatever conclusion might statute remitted party untrammeled power prescribe qualifications members nothing kind done instead statute lodged power committee excluded petitioner others race virtue authority delegated party virtue authority originating supposed originate mandate law recall point wording statute invoked respondents political party state state executive committee shall power prescribe qualifications members shall way determine shall qualified vote otherwise participate political party whatever inherent power state political party determine content membership resides state convention bryce modern democracies vol platforms principles announced tests party allegiance made known world true regard parties generally true particularly texas statute explicit committing state convention formulation party faith article state executive committee sovereign organ party virtue powers inherent name imports committee nothing committee chosen convention consist chairman members one senatorial district state article committee statute controversy attempted confide authority determine motion requisites party membership speak party whole never state convention made declaration bar negroes state admission party ranks counsel respondents conceded upon hearing whatever power exclusion exercised members committee come therefore delegates party delegates state indeed adherence statute leads conclusion resolution adopted committee must continue binding upon judges election though party convention may sought override unless committee yielding moral force numbers shall revoke earlier action obey party power intrenched statutory inherent state conferred hardly color right give basis exercise conclusion regard affected ruled texas love wilcox tex civil appeals white lubbock ruling first case directed ruling first case directed party committee permitted make former political affiliations test party regularity general observations opinion functions parties committees constitute decision decision merely committee whether viewed agency state mere agency party authorized take action forbidden express valid statute ruling second case come highest state upholds constitutionality section amended vernon ann civ art speaks exercise inherent powers party act proper officers nothing show however mind directed point members committee proper officers exercise inherent powers party statute attempted clothe quality management affairs group already associated together members party obviously different function determining members group shall another view accepted committee might rule party faction distasteful exclude men helped bring existence event texas yet spoken subject clearness finality nothing pronouncements brings us belief absence statute express grant recognize mere committee invested powers party assembled convention indeed latest decision dealing aspect statute controversy decision handed april love buckner tex sup describes statute constituting grant power state executive mittee determine shall participate primary elections questioned case validity pledge exacted voters bona fide purpose support party nominees upholding exaction found basis ruling another article civil statutes article article penal code article inherent power committee adopt regulations reasonably designed give effect obligation assumed elector act voting clinch argument added sources authority inadequate legislature made article express power determine qualifications generally suggestion opinion inherent power committee broad enough apart legislation permit prescribe extent party membership say group voters ready petitioner take statutory pledge one class eligible another contrary whole opinion instinct concession pretensions extraordinary must find warrant statute said respondents inherent powers committee still unsettled local courts nothing state decisions requires us hold settled manner subversive fundamental postulates party organization suggestion offered default herent power statutory grant committee may armed requisite authority vote convention neither bar trial case presented theory every stage case assumption made authority either product statute inherent committee law creation discover significance surely significance favorable respondents earlier acts legislation whereby power prescribe additional qualifications conferred local committees several counties state laws fact legislation thought necessary token committees without inherent power impugn competence legislature designate agencies whereby party faith shall declared party discipline enforced pith matter simply agencies invested authority independent association whose name undertake speak become extent organs state repositories official power governmental instruments whereby parties organized regulated end government may established continued relation must submission mandates equality liberty bind officials everywhere acting matters merely private concern like directors agents business corporations acting matters high public interest matters intimately connected capacity government exercise functions unbrokenly smoothly whether given circumstances parties committees agencies government within fourteenth fifteenth amendment question determine concluded upon inquiry decisions rendered elsewhere test whether members executive committee representatives state strict sense agent representative principal test whether classified representatives state extent sense great restraints constitution set limits action problem thus laid bare essentials exposed view case seen ruled nixon herndon supra delegates state power discharged official functions way discriminate invidiously white citizens black ex parte virginia supra buchanan warley ann cas fourteenth amendment adopted special solicitude equal protection members negro race lays duty upon level judgment barriers color judgment reversed cause remanded proceedings conformity opinion separate opinion justice mcreynolds march petitioner brought suit damages district western division texas condon kolle theretofore judges democratic primary election claims wrongfully deprived rights guaranteed fourteenth fifteenth amendments federal constitution denying privilege voting therein upon motion trial dismissed petition holding failed state cause action circuit appeals sustained ruling matter certiorari original petition declaration alleges nixon negro citizen texas duly registered qualified vote precinct el paso county general election member democratic party entitled participate primary election held party july nominating candidates state offices duly presented sought cast ballot defendants judges refused request reason following resolution theretofore adopted state democratic executive committee white democrats qualified constitution laws texas subscribe statutory pledge provided article revised civil statutes texas none allowed participate primary elections held july august chairman secretary state democratic executive committee directed forward democratic county chairman texas copy resolution observance quoted resolution adopted state democratic executive committee texas authority act approved june chapter acts called sess vernon ann civ art undertook repeal former article rev civil stat adopted called article lieu thereof enact following ch acts political party state state executive committee shall power prescribe qualifications members shall way determine shall qualified vote otherwise participate political party provided person shall ever denied right participate primary state former political views affiliations membership organizations political party prior enactment chapter legislature adopted article revised civil statutes declaring negro eligible participate democratic party primary election held invalid state action nixon herndon chapter adopted democratic party held primary elections texas legislative purpose thereby prevent nixon negroes participating primaries chapter resolution executive committee inoperative null void far exclude negroes primaries conflict fourteenth fifteenth amendments federal constitution laws many thousand negro democratic voters texas state normally overwhelmingly democratic nomination primaries party equivalent election practically contest state offices except amongst candidates nominations defendants action denying petitioner right vote unlawful deprived valuable political rights damaged sum asks judgment trial declared holds state democratic executive committee state texas time passage resolution complained body corporate legislature state texas delegate authority legislate members said committee officials state texas holding position officers state texas oath drawing compensation state acting state governmental agency within meaning law private individuals holding position members said state executive committee virtue action taken upon part members respective political party also true defendants acting representatives political party viz democratic party connection holding democratic primary election nomination candidates ticket democratic party voted general election refusing permit plaintiff vote democratic primary election defendants acting state texas governmental agency said state also members voluntary association political organization members democratic party texas possess inherent power prescribe qualifications regulating membership organization political party true without reference passage legislature state texas said article affected passage said act inherent power remains exists said act never passed circuit appeals said distinction appellant cases one statute statute denied permission vote former state statute latter resolution state democratic executive committee argued behalf appellant distinction without difference state legislature attempted act indirectly held powerless accomplish directly act opinion however vast difference two statutes fourteenth amendment expressly directed prohibitions restraints imposed fifteenth protects right vote denial abridgment state neither operates private individuals voluntary associations cruikshank virginia rives james bowman political party voluntary association inherent power prescribe qualifications members act needed confer power merely recognized power already existed waples marrast tex white lubbock tex civ app grigsby harris attempt act exclude voter membership political party precinct judges election appointed party executive committees paid services funds raised assessments upon condidates revised civil statutes texas sections think judgment right affirmed argument reversal present article every political party state executive committee power prescribe qualifications members shall way determine shall qualified vote otherwise participate political party result said constitute executive committee instrumentality state power take action legislative nature concerning membership party accordingly attempt democratic committee restrict voting primaries white people amounted state action effect within intendment federal constitution void nixon herndon supra reasoning rests upon erroneous view meaning effect statute nixon herndon legislature terms forbade negroes participating democratic primaries exclusion direct result statute declared invalid conflict fourteenth amendment act challenged withholds nothing negro makes discrimination recognizes power every political party acting executive committee prescribe qualifications membership provided none shall excluded account former political views affiliations membership nonmembership nonpolitical organization difference two pronouncements difficult discover nixon present complaint rests upon asserted invalidity resolution executive committee order prevail must demonstrate amounted direct action state plaintiff petition attempt show powers democratic party intrusted state executive committee says nothing duties committee party organ allegation denies approved rules resolutions may determine announce qualifications party membership lightly suppose undertook act without authority party ordinarily conventions party executive committees general authority speak act respect party matters allegation questioned resolution failed express party present purposes committee resolution must accepted voice party petitioner insists committee resolution authorized state statute recognizes party action may deny party spoken exclusion resulted party action footing cause must dealt petitioner planted whether cause substantial differently stated need inquire early acts texas legislature undertook penal statutes prevent illegal voting political primaries also false returns bribery etc later many general safeguards designed secure orderly conduct regular elections extended party primaries acts subsequent amendments legislature directed official ballots used general elections prepared printed distributed public officials public expense adoption official ballot became necessary prescribe methods designating candidates whose names might appear ballot three authorized party whose last candidate governor received votes must select candidate primary election party candidate received less votes may designate condidates convention primary executive committee may deter mine written petition specified number voters may used behalf independent nonpartisan candidate undertaken convert direct primary legally regulated election others texas included primary conducted largely party rules expenses borne party met chiefly funds obtained assessments upon candidates number eleven perhaps leave determination one right participate primary party without certain minimum requirements stated statute party free impose enforce qualifications sees fit subject definite restrictions see primary elections merriam overacker pp election within meaning chapter texas rev civil stat relating nominations election held members organized political party purpose nominating candidates party voted general special election nominate county executive officers party article general laws called sess statutes state never undertaken define shall regarded political party said membership shall denied certain specified persons otherwise matter left party organization since acts leg acts leg statutes texas recognized power party executive committees define qualifications membership act called article act called article vernon ann civ st recognize authority party executive committee otherwise specify qualifications throughout state see love wilcox tex acts amendments also recognize right state county executive committees generally speak act party concerning primaries committees appoint necessary officials provide supplies canvass votes collect assessments certify successful candidates pay expenses whatever required orderly conduct primaries members state officials chosen compose party receive nothing state amendment called legislature undertook declare qualified voters laws constitution state texas bona fide members democratic party shall eligible participate democratic party primary election provided voter complies laws rules governing party primary elections however event shall negro eligible participate democratic party primary election held state texas love wilcox supra page tex enactment held inoperative nixon herndon supra promptly repealed courts texas spoken concerning nature political primary elections relationship state present concern parties legislation state turn enlightenment rather general observations popular writers public affairs waples marrast tex decided declared political party nothing less body men associated purpose furnishing taining prevalence certain political principles beliefs public policies government rivals popular favor strive general elections control agencies government means providing course government accord political principles administration agencies adherents according soundness principles wisdom policies serve great purpose life government fact remains objects political organizations intimate compose concern general public directly interest conduct success much public comprised membership members particular organization perform governmental function constitute governmental agency purpose primary elections merely enable furnish nominees candidates popular suffrage interest fair methods fair expression members preference selection nominees state may regulate elections proper laws done general primary law competent legislature proper act character one review payment expenses purely party elections different matter principle expenses differentiated character expense incurred carrying party object since attainment party election nominees general elections unified vote party membership necessarily prime object party primary provide nominees political parties people vote upon general elections business state business state conduct government state knows parties know none business state see nominations made clearly public revenues employed connection furnish nominees claimants popular favor general elections matter concerns alone parties desire make nominations alone concern alone interested success nominees state government afford concern success nominees political party elective offices people filled nominees political party political parties political instrumentalities sense governmental instrumentalities responsible duties state people performed high objects effected without reference parties part place exercise state great province governing people koy schneider tex april act legislature deals suffrage within party primary convention instrumentality group individuals accomplishment party ends see id pages et seq cunningham mcdermett texas civil appeals contends legislature prescribing party primaries must conducted turned party governmental agency candidate primary candidate governmental agency protected machinations evilly disposed persons proposition agree consider held case waples marrast tex chief justice phillips said parties political instrumentalities sense governmental instrumentalities briscoe boyle texas civil appeals july case decided inferior act amending article thought nixon herndon supra ruled otherwise must read fact mind among things said fine legislature minute detail laid process political parties shall operate machinery making party nominations hedged machinery statutory regulations restrictions deprive parties managers discretion manipulation machinery love wilcox supra page tex sup may called upon determine whether political party power beyond statutory control prescribe persons shall participate voters candidates conventions primaries state facts us respondents claim state committee power virtue general authority manage affairs party statute article complete tex vernon ann civ art recognizes general authority state committee places limitation discretionary power may conferred committee party declaring though party state executive committee shall power prescribe qualifications members determine shall qualified vote otherwise participate yet committee shall exclude one participation party primaries former political views affiliations ship nonmembership organizations political party committee discretionary power restricted statute directing single uniform pledge required primary participants effect statutes decline give recognition lodgment power state executive committee exercised discretion statutes recognized right party create executive committee agency party recognized right party confer upon committee certain discretionary powers declined recognize right confer upon committee discretionary power exclude participation party affairs one former political views affiliations refusal take statutory pledge obvious think party never intended confer upon executive committee discretionary power party selected state committee full knowledge statutory limitations committee authority must held selected committee intent act within powers conferred within limitations declared statute hence committee whether viewed agency state mere agency party authorized take action forbidden express valid statute thomas love appellant buckner wakefield appellees texas april civil appeals certified determination question democratic state executive committee lawful authority require otherwise lawfully qualified eligible democratic voters take pledge specified resolution adopted committee meeting march resolution directed person permitted participate precinct county democratic convention held purpose selecting delegates state convention delegates national democratic convention selected unless person shall take written pledge support nominees president vice president answers executive committee authorized require voters take specified pledge said committee power require pledge contested ground committee possesses authority conventions party granted statute statutes texas grant negative committee power exact pledge think consistent history usages parties state course legislation regard respective parties state executive committees denied power party membership conventions primaries save power may found expressly delegated statute contrary statutes recognize party organizations including state committees repositories party power legislature sought control regulate far deemed necessary important governmental ends purity ballot integrity ascertainment fulfillment party declared membership either statutory sanction prohibition party must right adopt reasonable regulations enforcement obligations party members necessarily arise nature purpose party government forced conclude beyond power party customary agency state executive committee adopt regulations designed merely enforce obligation arising act voter participating party control party action though statutes silent subject decision love wilcox tex gave effect legislative intent vacating action state committee violative express valid statutes answer certified question likewise gives effect legislative intent upholding action state committee entire accord governing statutes well party custom reasoning advanced support conclusion indicates inadvertence possibly confusion difference statutes recognize confer power always remarked regard state committee power exact pledge statutes means silent statutes deny power plainly recognize confer decision clear affirmation general powers state executive committee party custom speak party especially prescribe prerequisites membership said political party absence statutory inhibition point actually ruled inconsistent notion executive committee speak organization also inconsistent view committee powers derive state statutes statutory recognition authority political party executive committee determine shall participate therein gives resolves party committee character effect action state course rule must apply party conventions treated difficult logically deny like effect rules social business clubs corporations religious associations organized charters general enactments state acts duly qualified officers representatives mere voluntary associations authority state texas legislate concerning party primaries derived part duty secure order prevent fraud part obligation prescribe appropriate methods selecting candidates whose names shall appear upon official ballots used regular elections political parties fruits voluntary action unlawful purpose citizens may create limit membership seems wise state may interfere white men may organize blacks may likewise woman party may exclude males much essential free government political party desires avail privilege designating candidates whose names shall placed official ballots state must yield reasonable conditions precedent laid statutes general powers derived state proper restrictions recognition powers become grants must inferred provisions statutes opinions courts state texas intended leave political parties free determine shall admitted membership privileges provided none shall excluded reasons definitely stated prescribed rules respect primaries shall observed order secure official recognition nominees therein entry upon ballots intended use general elections enactment questioned legislature refrained interference essential liberty party associations recognized general power define membership therein words statute disclose purpose circumstances attending passage add emphasis act forbidden negroes participate democratic primaries nixon herndon march supra held inhibition invalid shortly thereafter june legislature repealed adopted article numbered rev stats vernon ann civ art consideration fair conclusion accepting ruling conclusive lawmakers intended expressly recind action adjudged beyond powers clearly announce recognition general right political parties prescribe qualifications membership contrary view disregards words political party shall way determine shall qualified vote otherwise participate political party really imputes legislature attempt indirectly circumvent judgment repel grantuitous imputation vindicated significant fact notion statute converts executive committee agency state also lacks support language employed clearly imports political party state may act committee shown since act texas laws recognized authority executive committees announce party touching membership considerations already stated added rule announced possible statutes must construed avoid unconstitutionality remain substantial reason upsetting legislature laudable effort retreat untenable position repealing earlier act declare existence party control membership therein end might orderly conduct party affairs including primary elections resolution executive committee voice party took appellant right guaranteed federal constitution laws incumbent upon judges primary obey valid orders executive committee inflicted wrong upon nixon judgment affirmance entered authorized say justice van devanter justice sutherland justice butler concur opinion footnotes bound give effect grant power state executive committee party determine shall participate acts party otherwise voting primary legislature grants power language plain admit controversy determination committee conflicts statutory requirement prohibition especially committee determination makes effectual public policy state revealed statutes love buckner supra original act civ stats event shall negro eligible participate democratic party primary election held state texas negro vote democratic primary election ballot shall void election officials herein directed throw ballot count article acts qualified voters laws constitution state texas bona fide members democratic party shall eligible participate democratic party primary election provided voter complies laws rules governing party primary elections however event shall negro eligible participate democratic party primary election held state texas negro vote democratic primary election ballot shall void election officials herein directed throw ballot count acts provided county executive committee party holding primary election may prescribe additional qualifications necessary participate therein