Name: Terry v. Adams — Dissent
Author: Sherman Minton

Quotes from Terry v. Adams — Dissent (Sherman Minton)

Sherman Minton, Terry v. Adams — Dissent

“ Surely white or colored members of any political faith or economic belief may hold caucuses. It is only when the State by action of its legislative bodies or action of some of its officials in their official capacity cooperates with such political party or gives it direction in its activities that the Federal Constitution may come into play. A political organization not using state machinery or depending upon state law to authorize what it does could not be within the ban of the Fifteenth Amendment. ”

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Source: Wikisource

Sherman Minton, Terry v. Adams — Dissent

“ That is true of concerted action by any group. In numbers there is strength. In organization there is effectiveness. Often a small minority of stockholders control a corporation. Indeed, it is almost an axiom of corporate management that a small, cohesive group may control, especially in the larger corporations where the holdings are widely diffused.
I do not understand that concerted action of individuals which is successful somehow becomes state action. However, the candidates endorsed by the Jaybird Association have several times been defeated in primaries and elections. ”

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Source: Wikisource

Sherman Minton, Terry v. Adams — Dissent

“ It must be recognized that elections and other public business are influenced by all sorts of pressures from carefully organized groups. We have pressure from labor unions, from the National Association of Manufacturers, from the Silver Shirts, from the National Association for the Advancement of Colored People, from the Ku Klux Klan and others. Far from the activities of these groups being properly labeled as state action, under either the Fourteenth or the Fifteenth Amendment, they are to be considered as attempts to influence or obtain state action. ”

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Source: Wikisource

Sherman Minton, Terry v. Adams — Dissent

“ As the stipulation quoted shows, the Jaybird Association did not attempt to conform or in any way to comply with the statutes of Texas covering primaries. No action of any legislative or quasi-legislative body or of any state official or agency ever in any manner denied the vote to Negroes, even in the Jaybird primaries.
So it seems to me clear there is no state action, and the Jaybird Democratic Association is in no sense a part of the Democratic Party. If it is a political organization, it has made no attempt to use the State, or the State to use it, to carry on its poll. ”

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Source: Wikisource

Sherman Minton, Terry v. Adams — Dissent

“ The county executive committee selects precinct election officials and the county, district or state executive committees, respectively, canvass the returns. These party committees or the state convention certify the party's candidates to the appropriate officers for inclusion on the official ballot for the general election. No name which has not been so certified may appear upon the ballot for the general election as a candidate of a political party. ”

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Source: Wikisource

Sherman Minton, Terry v. Adams — Dissent

“ In other localities, candidates are carefully selected by both parties to give proper weight to Jew, Protestant and Catholic, and certain posts are considered the sole possession of certain ethnic groups. ”

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Source: Wikisource

Sherman Minton, Terry v. Adams — Dissent

“ It was stipulated on the trial of that case that the Democratic Party 'conducts nominating primaries and thereafter prints its ballots for use in the General Elections with the names of its nominees thereon which ballots are distributed by party officials and placed at the General Election precincts in South Carolina for use by any electors who choose to use such ballow in voting in any such General Election in South Carolina.' The District Court specifically found in Finding 19: 'There is no General Election ballot in South Carolina. ”

Sherman Minton

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Quotes from Terry v. Adams — Dissent (Sherman Minton)

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Sherman Minton

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Quotes from Terry v. Adams — Dissent (Sherman Minton)

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