Page:Robinson v. Holman.pdf/2

.] general elections in 1926 and 1928; that they voted in the Demoratic city primary held in Little Rock on November 26, 1928, by reason of a temporary restraining order issued by the chancery court, enjoining the primary officials from excluding them, without the consent or approval of the officials of the Democratic State Central Committee; that they have expressed and declared themselves in sympathy with the success of the Democratic Party, and are believers in its principles; that the following is one of the "Rules of the Democratic Party in Arkansas, adopted October 16, 1926, under the authority of the Democratic State Central Committee of Arkansas" which said rule is now in force, to-wit: "Whom to consist of § 2. The Democratic Party of Arkansas shall consist of all eligible and legally qualified white electors, bo,th male and female, who have orally declared their allegiance to the principles and policies .of the Democratic Party, as set forth in the platform of the last preceding Democratic National and State Convention, who have supported the Democratic nominees at the last preceding elections and who are in sympathy with the suocess of the. Democratic party in the next succeeding election."

It was further agreed that, for the last 25 years in the State of Arkansas, all Democratic nominees had been elected at the succeeding elections for State officials, except members of the Legislature, and a few district officials.

The court dismissed the complaint for want of equity, and dissolved the temporary injunction theretofore issued. The case is here on appeal.

Appellants contend that a Democratic primary election is a public election under the Constitution and the laws of Arkansas, and that the above party rule deprives them of their right to vote solely because of color in violation of the Fifteenth Amendment of the Constitution of the United States. They further claim that they are being denied their rights as citizens of the United