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Domestic News October 21, 1945

Atlanta Daily World

Atlanta, Fulton County, Georgia

What is this article about?

Federal Judge T. Hoyt Davis ruled Georgia's 'white' primary unconstitutional in a suit by Rev. Primus E. King against the Muscogee County Democratic Executive Committee. Leading white state newspapers, including Columbus Ledger-Enquirer, Macon News, and Atlanta Journal, approved the decision, urging respect for constitutional rights. Negro weekly Columbus World and J.M. Atkinson also commended it.

Merged-components note: Merged split article reporting on editorials approving the white primary decision across pages 1 and 2.

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Full Text

The decision by Middle District Federal Judge T. Hoyt Davis declaring the Georgia "white" primary unconstitutional has met with approval by leading members of the white state press. A survey of editorials commenting on the decision shows an overwhelming view in favor of respecting Judge Davis' decision in which the Rev. Primus E. King won his suit against the Muscogee County Democratic Executive Committee.

Columbus' Sunday Ledger-Enquirer, edited by Bryan Collier said on the King case in its Sunday October 14. issue.

"Federal Judge T. Hoyt Davis decision that Negroes are entitled 'to vote in Georgia's "white" primaries should surprise no one who is familiar with the Supreme Court's interpretation of universal

rights in the Texas and Arkansas cases, and we rather think his opinion will prevail, even upon appeal..

"MORAL RIGHT"

Actually we know of very few people who would question the moral right of Negroes to'participate in primaries which in practical effect select the officers who govern him.

"They have been barred from white primaries simply because white Democrats have always felt they had the right to act as free agents in naming their own candidates for public office. and that they had the additional right to bar from their counsels anyone-- regardless of race or color-whose participating was deemed undesirable.

"There are many of us who still feel that way about the inherent right of white Democrats-or blue or black or purple Democrats!--to select their own candidates. but perhaps the time has come when tradition" (and personal preferences) must bow to the compelling mandate of Constitutional law. which all Americans respect instinctively.

"For ourselves, we yield gladly. and with no fear of the outcome."

MACON NEWS

The Macon News editorialized following the decision:

'It is the opinion of this newspaper that federal Judge Hoyt Davis is right in his judgment in the Columbus election that Negroes cannot be debarred from voting in Georgia primaries without violating rights guaranteed by the Constitution of the United States..

"Let's be honest with ourselves and admit the obvious facts. The Democratic primary in Georgia is a state institution: there is nothing "private"-about it. It absolutely controls the election of all state officers. And exclusive of Negroes from it, solely because of their color. is therefore in direct violation of the federal Constitution.

"We have a theory that no people ever went wrong by doing right. And this thing that Judge Davis has decided must be done in Georgia is right.

"The right of the citizen--white black or yellow-to vote is a fundamental right of democracy. The question really is whether the people of Georgia are going to make democracy effective in this state. We have an idea that they are. because deep in their souls they know they ought. And they want to do the right thing.

"Moreover, in our opinion they have nothing to fear from doing it. Negroes will divide on public issues like white people and will re-
(Continued on Page 2, Col. 1)
Sees "No Fear"

Continued from Page 1

act like other ordinary human beings to the responsibilities of citizenship.

"We need to get rid of our foolish fears and make up our minds to practice the preachments of democracy."

The Atlanta Journal, commenting on the decision, editorialized:

Is there anything revolutionary or ominous in this decision? The Journal does not regard it. Judge Davis is a Georgian to the manner born. He was reared under the old tradition and we are sure is loyal to the same ideals which we hold by the rank and file of our thinking people.

He has interpreted the law as his judicial conscience and his conscience dictates. If we are to live under the Constitution of the United States and invoke its safeguards for our liberties, we must endeavor sincerely to conform to its requirements in all respects.

"There have been no racial upsets in Louisiana and Texas since their Democratic primaries were adjusted to the Supreme Court's ruling. The fact is, realistic Georgians have recognized that it is neither sound policy nor good politics to put the state in the attitude of evading or defying fundamental laws of the land."

COLUMBUS WORLD

The Columbus World, Negro weekly, commented:

"We, in Columbus, naturally are very gratified over the decision rendered by Federal Judge T. Hoyt Davis. Georgia has an opportunity to join other liberal southern states in giving all its citizens the right to exercise their franchise in aiding in the selection of public officers."

Comment continues from citizens and political groups commending the King decision. J. M. Atkinson of Brunswick, treasurer of the Georgia Association of Citizens Democratic Clubs, comments:

It is a just decision and one that had to come. The South must realize that one half of its citizens can't be kept in political slavery and then hope to rise on a level with other states in the union. They must come back or be forced back for the cause of democracy.

"Every thinking Negro in Georgia should rally to the good people of Columbus and help them carry on the fight. Brunswick is ready to do her share to see this fight through. I hope we can get together now. This is no time to shout. The game is not over yet.

Every effort will be made to stop us. We are on the march. Let's keep moving."

What sub-type of article is it?

Legal Or Court Politics

What keywords are associated?

White Primary Voting Rights Georgia Primaries Unconstitutional Democratic Committee Negro Suffrage Federal Judge Civil Rights

What entities or persons were involved?

T. Hoyt Davis Primus E. King Bryan Collier J. M. Atkinson

Where did it happen?

Georgia

Domestic News Details

Primary Location

Georgia

Event Date

October 14

Key Persons

T. Hoyt Davis Primus E. King Bryan Collier J. M. Atkinson

Outcome

georgia's 'white' primary declared unconstitutional; widespread approval from white and negro press and political figures, urging compliance with constitutional rights.

Event Details

Middle District Federal Judge T. Hoyt Davis ruled in favor of Rev. Primus E. King, declaring the Georgia 'white' primary unconstitutional as it violated federal Constitution by excluding Negroes from Democratic primaries that effectively select state officers. Editorials from Columbus Ledger-Enquirer, Macon News, Atlanta Journal, and Columbus World expressed support, emphasizing moral and legal rights to vote. J.M. Atkinson called for unity in advancing democracy.

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