Felix Frankfurter

“ In that case a bill in equity was brought by a colored man on behalf of himself 'and on behalf of more than five thousand negroes, citizens of the county of Montgomery, Alabama, similarly situated' which in effect asked the federal court 'to supervise the voting in that State by officers of the court.' What this Court called a 'new and extraordinary situation' was found 'strikingly' to reinforce 'the argument that equity cannot undertake now, any more than it has in the past, to enforce political rights'. ”

“ And provided that it shall be the mandatory duty of every precinct registrar to issue registration certificates to every qualified elector who voted at the general election held in this state on the first Tuesday after the first Monday in November, 1914, without the application of said elector for registration, and, to deliver such certificate to such elector if he is still a qualified elector in such precinct and the failure to so register such elector who voted in such election held in November, 1914, shall not preclude or prevent such elector from voting in any election in this state ”

“ We believe that the opportunity thus given negro voters to free themselves from the effects of discrimination to which they should never have been subjected was too cabined and confined. The restrictions imposed must be judged with reference to those for whom they were designed. It must be remembered that we are dealing with a body of citizens lacking the habits and traditions of political independence and otherwise living in circumstances which do not encourage initiative and enterprise. ”

“ In the meantime the Oklahoma general election of 1914 had been based on the offending 'grandfather clause.' After the invalidation of that clause a special session of the Oklahoma legislature enacted a new scheme for registration as a prerequisite to voting. Oklahoma Laws of 1916, Act of February 26, 1916, c. 24. Section 4 of this statute (now Section 5654, Oklahoma Statutes 1931, 26 Okl.St.Ann. § 74) [1] was obviously directed towards the consequences of the decision in Guinn v. United States, supra. Those who had voted in the general election of 1914, automatically remained qualified voters. ”

“ Precinct registrars shall have no authority to register electors at any time except as provided in this Act and no registration certificate issued by any precinct registrar at any other time except as herein provided shall be valid.' Section 9, Oklahoma Laws of 1916, c. ”

“ Interborough Rapid Transit Co., 279 U.S. 159, 49 S.Ct. 282, 73 L.Ed. 652, or explicit statutory requirements, e.g. 48 Stat. 775, 50 Stat. 738, 28 U.S.C. § 41 (1) , 28 U.S.C.A. § 41 (1) , resort to a federal court may be had without first exhausting the judicial remedies of state courts. ”