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BASKIN v. BROWN

No. 5861.

174 F.2d 391 (1949)

BASKIN et al. v. BROWN.

United States Court of Appeals Fourth Circuit.

Decided May 17, 1949.

Attorney(s) appearing for the Case

Robert McC. Figg, Jr., Charleston, S. C. (Eugene S. Blease, Newberry S. C., Sidney S. Tison, Bennettsville, S. C., and George Warren, Hampton, S. C., on the brief), for appellants.

Thurgood Marshall, New York City (Harold R. Boulware, Columbia, S. C., Robert L. Carter and Constance Baker Motley, New York City, on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This appeal presents another chapter in the effort to exclude Negro citizens from any effective participation in elections in South Carolina, where the vote in the Democratic Primary controls, to all practical intents and purposes, the choice in general elections. Prior to the decision in Smith v. Allwright, 321 U.S. 649, 64 S.Ct. 757, 88 L.Ed. 987, 151 A.L.R. 1110, Negroes were excluded from voting in the Democratic...

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