concurring.
I concur in the Court’s judgment, but not in the whole of its opinion. It seems to me that the decision should be rested not on the Fifteenth Amendment, but rather on the Equal Protection Clause of the Fourteenth Amendment to the Constitution. I am doubtful that the aver-ments of the complaint, taken for present purposes to be true, show a purpose by Act No. 140 to abridge petitioners’ “right ... to vote,” in the Fifteenth Amendment sense. It seems to me that the “right ... to vote” that is guaranteed by the Fifteenth Amendment is but the same right to vote as is enjoyed by all others within the same election precinct, ward or other political division. And, inasmuch as no one has the right to vote in a political division, or in a local election concerning only an area in which he does not reside, it would seem to follow that one’s right to vote in Division A is not abridged by a redistricting that places his residence in Division B if he there enjoys the same voting privileges as all others in that Division, even though the redistricting was done by the State for the purpose of placing a racial group of citizens in Division B rather than A.
But it does seem clear to me that accomplishment of a State’s purpose — to use the Court’s phrase — of “fencing Negro citizens out of” Division A and into Division B is an unlawful segregation of races of citizens, in violation of the Equal Protection Clause of the Fourteenth Amendment, Brown v. Board of Education, 347 U. S. 483; Cooper v. Aaron, 358 U. S. 1; and, as stated, I would think the decision should be rested on that ground — which, incidentally, clearly would not involve, just as the cited cases did not involve, the Colegrove problem.