This is an appeal from two cases1 consolidated for trial producing two judgments of the United States District Court for the Virgin Islands.

The judgment in Civil No. 158, among other things, ordered appellant Henrita Todman, Supervisor of Elections in the Virgin Islands, to certify a slate of candidates to the Democratic Party's governing body, the Territorial Committee, which slate had substantially been replaced in a primary contest by a competing group of alleged Democrats led by appellants, Ottley, et al. That judgment also declared as null and void a petition filed by parties associated with appellants, Ottley, et al., registering the Democratic Party under the new Election Code. Appellant Todman was ordered to declare that petition a nullity and to remove it from her records.

In Civil No. 260, the court, among other things, enjoined appellants, Ottley, et al., from acting as or representing themselves to be, members of the Territorial Committee of the Democratic Party of the Virgin Islands and from engaging in political activities as representatives of the Democratic Party. The judgment also declared null and void any actions taken, and rules or procedures passed, by the Territorial Committee of the Democratic Party of the Virgin Islands under the leadership of the appellants.

In both actions in the District Court the defendants, now appellants in this Court, counterclaimed, seeking injunctions directing the plaintiffs-appellees and their supporters, associates, and agents to refrain from holding themselves out as the lawful governing body of the Democratic Party of the Virgin Islands. Both counterclaims were dismissed by the District Court.

Briefly, this litigation, though notably voluminous, essentially records the following pertinent facts:

Party politics in the Virgin Islands has revolved around a two-party system, the two parties of power being the Democratic Party of the Virgin Islands, on behalf of which the plaintiffs-appellees appear, and the Virgin Islands Unity Party. The former, which has been in existence for thirty years, had an organizational connection with the National Democratic Party on the continental United States, while the latter, which had been formed in 1954, had no such connection with any other continental party. Membership in both parties was organized through the use of the political 'club' system, the Virgin Islands for many years being without election code provisions governing party affiliation.

The Virgin Islands eleven-seat unicameral legislature was composed of six Unity Party Senators, four Democratic Party Senators and one Independent Senator (who has since become a Democrat), at the time the election code provisions were being considered. The present Election Code passed the aboveconstituted legislature by a strictly party vote of six to five on February 20, 1963, amendments passing on March 26, 1963.2 The provision which has become of prime significance to this appeal, section 302, provides that any elector of the Virgin Islands, otherwise eligible, could become a member of the party of his or her choice merely by subscribing to support the policies of that party.3

Section 301 of the new Election Code created alternate procedures by which a political party could file or petition for recognition under the new election law, on or before May 1, 1963. Under section 301(b)4 the name of any political party organized and functioning in the general election of 1962 could be filed by petition signed by the president and secretary of that party. Section 301(c)5 provided that the name of any political party could also be filed by submitting a petition to the Supervisor of Elections signed by 100 or more electors of the Virgin Islands.

On April 19, 1963, pursuant to section 301(b) of the Election Code, the appellees filed a petition registering the Democratic Party of the Virgin Islands. On May 1, 1963, just prior to the deadline for filing political parties under the new code provisions, a group of 165 electors, most of whom were associated with the appellants and with former Unity Party activities, and most of whom were not enrolled Democrats at the time of the filing of their petition, also registered the Democratic Party of the Virgin Islands. Appellees, subsequent to May 1, 1963, therefore, demanded that Mrs. Todman hold a hearing under section 301(f)6 of the Election Code, to determine which petition validly registered the Democratic Party, which request was rejected by her.

From May 1, to September 20, 1963, pursuant to section 3027 and subsection (b)(3) of section 3038 of the Election Code, over 10,000 voters enrolled in the Democratic Party. As the Unity Party did not register itself, there was no opportunity for the electorate to enroll in that party. Furthermore, former Unity leaders enrolled, and encouraged their followers to enroll, in the Democratic Party. At the same time, the then constituted Democratic organization was also encouraging enrollment.

Furthermore, subsequent to May 1, 1963, two separate slates of nominees for the Territorial Committee of the Democratic Party of the Virgin Islands were entered pursuant to the procedures authorized by section 303 of the Election Code. One of these slates, represented by appellees, comprised primarily of people who had been active in the Democratic clubs of the Islands, adopted the Donkey as its symbol. The second slate of candidates, represented by appellants, some of whom had been officers and active members of the Unity Party, adopted the symbol of their alleged dissolved or abandoned Unity Party, the Mortar and Pestle.

On November 1, 1963, the primary election was held and the Mortar and Pestle group won sixteen of the twenty-two seats on the Democratic Party's Territorial Committee. The Supervisor of Elections certified the twenty-two winners, although the six Donkey Democrats refused to sit as part of the newly formed Territorial Committee.

The following legal moves have arisen from the above-stated abbreviated background of this litigation:

Subsequent to the above-mentioned refusal by Mrs. Todman to hold a hearing relative to the filing of the two petitions which were accepted by her as registering the same political party, the plaintiffs-appellees, on June 12, 1963, appealed under section 301(f)9 of the Election Code Civil No. 158, asking that the second petition registering the Virgin Islands Democratic Party be declared null and void. Mrs. Todman moved to dismiss the complaint, which motion was denied on October 31, 1963.10 However, on September, 3, 1963, a second law suit had been filed by the plaintiffs (Civil No. 260). This time the plaintiffs applied to the District Court to preliminarily enjoin the holding of the November 1, 1963 primary election. On October 31, 1963, the District Court also denied this application. However, this second law suit was consolidated for trial with the initial one brought against Mrs. Todman, and on July 20, 1964, Judge Gordon granted plaintiffs the relief for which they asked, as noted at the outset of this opinion. Motions addressed to the District Court to stay the judgment and suspend the injunction in the consolidated cases were denied on July 27, 1964. The present appeal was taken and the motion to stay the judgments and injunctions was renewed before this Court and granted on August 5, 1964, pending an accelerated appeal.

The injunctive relief sought by the plaintiffs-appellees rests on their claim that former Unity Party partisans conspired to perpetrate a scheme of fraudulent enrollment in the Democratic Party for the sole purpose of taking over that Party. The plaintiffs sought to marshal an extensive series of facts relating to the activities of the Unity Party which, they contend, demonstrates the conspiracy and fraud.11

Though the defendants-appellants disclaim the charge of conspiracy and fraud, their major defenses are jurisdictional in nature. It is initially argued that the courts are merely faced with a question of who rightfully controls the Democratic Party machinery, a question political in nature and, therefore, not a case or controversy calling for application of the judicial power. Secondly, the defendants contend that the Election Code, itself, provides the exclusive test for enrollment in a party, and for candidates seeking to run in a primary election. As the statute provides the exclusive test, the courts lack jurisdiction to superimpose conditions for party membership beyond those prescribed by the Election Code, say the defendants.

As the interrelationship of both the appellants' and the appellees' arguments emerges, two issues, revolving around section 302 of the Virgin Islands Election Code appear for our determination: (1) Whether the application of section 302 raises a substantial problem of statutory construction within the judicial competence deserving of interpretation and resolution, and (2) Whether the provisions of section 302 have been abused by the alleged conspiratorial aims of the appellants herein? To these issues we now turn.

* Appellants' contention that the courts must relinquish jurisdiction in a case where there is a question of bona fide party enrollment rests both on the alleged political nature of the question and the argued non-reviewability of the statutory test of bona fides under section 302 of the Election Code. That position, when analyzed, reveals a three-pronged assault on the actions of the District Court in taking jurisdiction.

Initially, appellants are concerned that the District Court assumed jurisdiction of an issue which the Virgin Islands legislature assertedly has settled by the enactment of the new Election Code in February of 1963. Reference is made to the standards determinative of political questions as outlined by Justice Brennan in Baker v. Carr.12 Appellants refer to the first paragraph of the following relevant excerpts from the opinion:

'* * * Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; * * * or the impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question.

'Unless one of these formulations is inextricable from the case at bar, there should be no dismissal for non-justiciability on the ground of a political question's presence. The doctrine of which we treat is one of 'political questions,' not one of 'political cases.' * * *'13

Contrary to the conclusion drawn by the appellants, we find in Justice Brenan's standards a determination that, for the most part, the political questions remaining in which a court must relinquish jurisdiction, relate to the separation of powers between coordinate branches of government. The aim is to keep the judiciary in equilibrium relative to other branches of government. Prevention of unnecessary conflict between the judiciary and the legislative and executive branches is the goal. No such problem presents itself here.

This court is clearly faced with, in Justice Brennan's words, a 'political case.' Appellants' contention that the present controversy represents only the 'political question' of which political faction constitutes the elected leadership of the Democratic Party of the Virgin Islands is not tenable. Issues revolving around allegations of conspiracy and fraud are to be adjudicated within the context of this 'political case.'

Secondly, appellants have contended that the courts have no jurisdiction over the application of section 302 of the Virgin Islands Election Code, on the ground that the sincerity of the pledge of appellants' party affiliation expressed pursuant to section 302 is non-reviewable. The courts are, they submit, therefore jurisdictionally barred from going behind the statutory requirement to pass judgment on the sincerity of the appellants' beliefs.14

Jones v. McCollister,15 a key case relied upon by the appellants, is in no way dispositive here. Appellants properly indicate that in McCollister, the California Constitution explicitly vested in the legislature the right to determine the tests and conditions upon which electors, political parties, or organizations of electors may participate in California state elections. However, the point of contention in McCollister was in no way covered by any legislative pronouncement. Absent such, it was held that the court had no jurisdiction to create it, and the activity complained of was, therefore, determined to be presumably valid. In the instant case, there is legislation present, section 302 of the Election Code. The question then becomes whether the Court may take jurisdiction to interpret that statutory provision. On this issue, appellants' documentation sheds little light.

Section 302 of the Election Code merely directs the prospective enrollee to subscribe to the policies of the party in which the enrollment is sought. Section 303(b)(3) prescribes the mechanics of enrollment, and in this case, pursuant to that section, prospective enrollees signed a simple statement of agreement with party policies.16 Appellants contend, in effect, that the mere subscription raises a conclusive presumption of agreement with party policies.

On the face of the statute, appellants' position appears to be supportable. Section 302 reads, in part:

'Each elector shall be eligible to enroll as a member of the recognized party of his or her choice, by subscribing to support the policies of said party.'

The statute does not require a detailed demonstration of a present intention to support the policies of the party in which enrollment is sought. A mere pledge of support is sufficient. However, as we view this provision, it is inconceivable that a legislature would pass a provision which could leave unquestioned the bona fides of the subscription. The resultant opportunity for effective encroachment on a party's integrity would be ever present. Thus, in construing section 302, we hold that a court may, at least where no effective administrative procedure exists for challenge, judge in the first instance the bona fides of an enrollee's statutory pledge of present intention to support the policies of the party in which he has enrolled.

Finally, an oblique challenge is made to a court's ability to construe a statutory provision such as is in existence here. Raising the aura of a political question, appellants make the following reference to the aforementioned case of Baker v. Carr:17

'* * * Prominent on the surface of any case held to involve a political question is found * * * a lack of judicially discoverable and manageable standards for resolving it; * * *.'

Though at times it may be difficult to define standards of political party policies,18 'political cases' in which standards assertedly exist are amenable to judicial determination. Though the parties to this litigation apparently agree that some policy standards exist, the parties are in disagreement as to what these policies of the Democratic Party of the Virgin Islands are. This conflict serves as a basis upon which this Court may reach the question of which policies, if any, have been proved, and to what extent the behavior of the defendants-appellants comports thereto. Section 302 of the Virgin Islands Election Code, is, therefore, within the judicial competence to construe.

Having considered the above arguments raised by the appellants, we conclude that jurisdiction may be assumed over the problem at hand.

As will be discussed below an essential qualification of both the signatory of a nominating petition of a candidate for membership on the Territorial Committee, and of the nominee, himself, is that each must be an enrolled member of the party in which the nominee is a candidate.19 The fundamental charge in these suits calls into question the standing of the twenty-two defendants-appellants as valid members of the Territorial Committee of the Democratic Party by virtue of the election of November 1, 1963. The reason for the attack upon their party allegiance is that the statement of enrollment of each allegedly contained a false pledge of adherence to the policies of the Democratic Party. Furthermore, it is asserted that the electors who signed their nomination petitions likewise were not members of the Democratic Party by reason of similar defective certificates of enrollment.

The appellants contend that the District Court erred in entertaining these suits because, prior to their institution, the appellees had failed to procure a resolution of the question by exhausting the administrative remedies afforded under sections 629 and 412 of the Election Code. Although the District Court did not express itself on the issue of exhaustion of statutory remedies, it was raised by both the defendant-appellant, Mrs. Todman, in her answer to the second amended complaint in Civil No. 260 and, similarly, by the other defendants in their answer to Civil No. 158.

Section 629 of the Election Code20 provides a procedure for a recount both based on erroneous records made by election officers and on the ground that votes were cast by persons not entitled to vote. This section is directed to action which may be taken after a primary or election to test the validity of the votes cast or the records made by the election officers. Appellees could not be deprived of the right to a judicial adjudication of their pre-primary charges by a requirement that they must await the outcome of the primary and then resort only to the section 629 statutory proceeding before the institution of their suits. We cannot agree with appellants' contention in this respect.

Section 41221 provides that the District Court may be called upon to set aside nomination petitions received and filed by the Supervisor of Elections after the examination required by section 411. The defendants-appellants' contention that plaintiffs did not, but must, exhaust this statutory remedy fails for two separate and distinct reasons.

We find that a reading of sections 108(b)22 and 411-12 in pari materia reveals the inapplicability of the section 411 procedure under the facts of this case. The dispute falling without section 411, a resort to section 412 judicial review would be improper.

Though section 411 permits inquiry, on many grounds, into the capacity of a signatory to a nomination petition to so act, bad faith enrollment in a political party in violation of section 302 cannot serve as a ground for that challenge in this case. The procedure for the cancellation of a party enrollment on grounds of bad faith is governed by section 108(b), not effective until after the 1964 general election. Though we have indicated in this case that a court challenge is proper, the intent of the legislature apparently was to forsake an administrative challenge to the bona fides of enrollment until after the termination of the period of transition from the political club system to the new Election Code provisions. That being the case, it would be incongruous, indeed, to determine administratively that a bad faith enrollment could eliminate a signatory to a nominating petition, and thus invalidate that petition, yet, absent section 108(b), there could be no administrative challenge to that person's bona fide enrollment for purposes of cancellation of such. At least to this extent, section 411's statutory remedy does not bar this suit. Section 412, therefore, need not be exhausted, under our facts, prior to our taking jurisdiction.

Furthermore as to section 412, since the inquiry prescribed by this section is directed to be made in the District Court, the very tribunal before which the issues raised by these suits have been tried and adjudicated, to remand them for statutory resolution at this point would indeed be a useless excursion.

Under these circumstances, neither section 629 nor section 412, nor indeed section 411, furnished statutory remedies which required exhaustion by the appellees before they commenced these suits.

Plaintiffs' allegations of conspiracy and fraud come down to a claim that former Unity Party adherents as a group unfaithfully certified their allegiance to the Democratic Party under section 302 of the Election Code and so manipulated their affairs that the Unity Party in fact succeeded in gaining control of the Democratic Party in an illegal manner. The abuse of section 302 being apparent, argued the plaintiffs, those individuals aligned with the Unity Party, i.e., those twenty-two candidates for the Territorial Committee of the Democratic Party on the Mortar and Pestle slate, clearly were not enrolled in the Democratic Party, for section 302's requirement of subscription to the policies of the party in which the enrollment is sought was violated. It follows therefrom that the Supervisor of Elections improperly allowed that slate to run in the Party primary and improperly certified its sixteen victorious candidates to the Territorial Committee. Furthermore, the only slate to be recognized is that of the Donkey Democrats. Acceptance of the plaintiffs' position, as reflected in the action of the District Court, results in both the abnegation of all the acts of the Territorial Committee of the Party while under the control of the Mortar and Pestle people and in the permanent injunction of this group of defendants from participation in Democratic Party activities.23

Reference to the background of the passage of legislation creating new mechanisms both for party enrollment and for the nomination of party candidates is of importance to the resolution of the substantive issue of conspiracy and fraud raised by defendants-appellants. Though we are particularly avoiding an entangling discussion as to the barriers, or lack of barriers to club membership which formerly characterized party politics in the Virgin Islands, it is evident that the political club system as it had existed in many states and in the Virgin Islands fostered a popular aloofness from internal political party activities.24 Within such a political framework one of the essential political party democratizing factors is lost; popular nominations of party candidates is denied. As pointed out by V. O. Key, a leading professor of politics:

'The cliques of people who make up party organizations from time to time gain almost unlimited power in some states and cities. Such closely held power ran counter to the notions of popular democracy, and legislators set about to remedy the matter by bringing the party organization under popular control. By adoption of the direct primary, the organization was stripped of its most important function, that of nomination. The party organization itself, consisting largely of self-appointed individuals, was made in varying ways popularly elective, on the supposition that this mode of choice would make the organization responsive to the rank and file.'25

The changes in Virgin Island practices wrought by passage of the new Election Code in February of 1963 emphasize the popular election of party leadership, rather than the popular nomination of party candidates. The nomination of party candidates is reposed in the hands of that popularly elected party leadership.

The Virgin Islands Election Code is not dissimilar from some of our existing state election codes. Much of it has been fashioned after Pennsylvania law and, as both parties to this suit point out, Senior Judge Maris of this Circuit and the Equity Publishing Company had been instrumental in the preparation of the draft of the new Election Code, much of which was accepted intact. The legislature's desire to incorporate into the Election Code the recognized 'present intention' test of a party allegiance, rather than the recommended 'past affiliation' test, parallels the approach of many legislatures. And it is the alleged abuse of section 302's pledge of a 'present intention' to support the policies of the political party in which membership is sought that is the measure by which the basic allegations of conspiracy and fraud must be judged.

As indicated above, plaintiffs attack, as fraudulent, defendants-appellants' section 302 subscription of support for the policies of the Democratic Party of the Virgin Islands. It is claimed that the Party's integrity as a political entity has been undermined by defendants' conspiratorial acts. To be sure, the argument can not successfully be made that an election code providing for popular participation in certain fundamental political activities should open a party to bad faith incursions, the end being either the nomination of a weak candidate or the ultimate takeover of a party by a group with interests antithetical to that political institution. In the Virgin Islands, section 302 of the Election Code provides the basis for a check on such bad faith incursions.

A pledge of 'present intention' to support a party's policies under section 302 of the Election Code cannot be used, however, to insulate a political party from good faith popular participation by those who have previously not been associated with a party's internal political activities through membership in a party's political clubs. A party may not take, particularly during a transition period from a system of internal government such as a club system to one of popular participation in certain party activities, an unrealistic position as to the extent to which disagreement in certain areas between a prospective party enrollee and the party, itself, results in the failure of the applicant to meet the test of a bona fide pledge of a present intention to support the party's policies.

Practically speaking, in the United States and its territories, 'patterns of political faith consist in part simply of the absence of groups irreconcilably attached to divisive or parochial beliefs that in other countries provide bases for multi-party systems.'26 We must not overlook the popular consensus on fundamentals that has existed and has fostered a two-party system such as has been in existence in the Virgin Islands. 'At times, it can be said, with a color of truth, that we are all liberals; at another time, it may be equally true that we are all conservatives.'27 Therefore, Professor E. E. Robinson's characterization of the intellectual nature of a political party within the context of the two party system has a relevance not to be underestimated:

'* * * It is not concerned with matters of fact, or doctrine, or even principle, except as they bear upon the great cause for existence: success at the polls. Such organizations not only contain men of divergent views; they must also appeal to voters of differing opinions, prejudices and loyalties. It is folly to talk of finding an actual basis (for political parties) in any set of principles relating to public welfare.'28

Thus, Professor Key concludes that affiliation with a party is usually a matter of great informality, with a party member hewing to its principles only 'as he interprets them.'29 It is in light of such existing political realities that the bona fides of a person's section 302 pledge must be judged.

Moving specifically to the question in issue, whether the defendants-appellants fraudulently passed themselves off as Democrats in a conspiracy to gain control of the Democratic Party of the Virgin Islands, a preliminary word must be said concerning the binding nature upon us of the District Court's findings of fact. The District Court found a number of evidentiary and mediate facts from which it found the ultimate fact that the defendants had conspired to fraudulently participate in, and gain control of, Democratic Party functionings.30 The evidentiary facts in the record are not in dispute. The District Court's finding as to these may not be reviewed on appeal. However, the inferences drawn therefrom, the mediate facts reached, and finally the conclusion, the ultimate fact drawn from a series of evidentiary and mediate facts, are reviewable31 and now become subject to our scrutiny.

Plaintiffs-appellees have relied on contended differences between the policies of the Democratic Party of the Virgin Islands and those views for which defendants-appellants stand, to demonstrate that the section 302 pledge of present intention to support the policies of the Democratic Party had been made in bad faith. Although vigorously advocating this position, appellees can point to no document, such as a statement of Party principles, either in the record or otherwise, which would elucidate those principles. Appellees also have failed to introduce specific evidence of the basis of defendants' disagreement with Democratic Party policies, although general evidence relative to former opposition to the Party, itself, by these defendants, was admitted. Needless to say, this factor alone is not dispositive of the issue of a bona fide pledge of a 'present intention' to support that Party's policies.

As admitted by the appellees at the oral argument herein, the only evidence in the record supporting a finding of the Democratic Party's policies, and defendants-appellants' disagreement with those policies, is testimony by one Stefanos O'Reilly, formerly the President of the Fredriksted Democratic Club in the Virgin Islands.32 Mr. O'Reilly's statement of party principles is one to which almost anyone in the Virgin Islands could subscribe. The alleged differences between the Democratic Party's policies and those of the twenty-two defendants-appellants, as outlined by Mr. O'Reilly, falls far short of a demonstration of an antagonism based on intellectual differences between opposing groups. We hold that plaintiffs-appellees have fallen far short of sustaining the burden of proof necessary to show a policy antagonism between the Democratic Party and the defendants-appellants which would justify our concluding that a bad faith enrollment, an abuse of section 302 of the Virgin Islands Election Code, has taken place.33

Standing alone this would be dispositive of the issue. And when considered along with the fact that this case arises in a year of transition from the club system of party membership to the above-described system brought about by the new Election Code provisions, only a clear showing that a challenged enrollee holds basic views adverse to the policies of the party in which enrollment is sought will sustain the finding of a section 302 violation. The failure to make such a showing supports our determination that the section 302 pledge was not abused.

Offered along with the charge of fraud in the use of section 302, was the plaintiffs' contention that defendants' actions, including their subscription to the section 302 pledge of 'present intention' to support said party policies, were part of a conspiracy to assume control over the Democratic Party of the Virgin Islands.34 4] Defendants-appellants admit that the facts do show that they desired to become members of the Democratic Party to offer resistance to the then existing leadership of that Party. Attorney for the plaintiffs-appellees, in his opening statement at trial before the District Court indicated the basis for defendants' action, when he stated that they felt they were more 'Democrat' than the Donkey group, the Virgin Islands regular Democrats. However, the failure to show a conflict in policies between the Democratic Party and the defendants and the resulting abuse of section 302's good faith enrollment pledge therefrom, preclude the drawing of adverse inferences from defendants' admitted actions. The showing that certain vestiges of Unity Party organization may have remained35 does not satisfactorily prove that the Unity Party never went out of existence, and was attempting a coup within the Democratic Party.

The charges of conspiracy are further blunted both by the events surrounding the party enrollment and the realities of the primary campaign. During the enrollment period both the Mortar and Pestle group and the Donkey group were actively and widely encouraging membership in the Democratic Party. It would be absurd to say that the Donkey solicitations, as a general matter, were geared towards the acquisition of good faith enrollees, while the Mortar and Pestle group, in which the twenty-two defendants were active, merely encouraged those elements whose membership was to be in bad faith for the purpose of supporting a Unity Party takeover of the Democratic Party. It is clear that general pleas for party membership were made by both factions, the result being an enrollment of over 10,000 citizens of the Virgin Islands in the Democratic Party of the Virgin Islands.

The realities of the primary election also militate against plaintiffs-appellants charge of conspiracy. Though we do not find the result of the primary election dispositive of the issues in this litigation, the victory won by the Mortar and Pestle slate certainly is a persuasive indication that extensive popular support existed for a Democratic Party under the leadership of the Mortar and Pestle group. The symbols of the competing factions were well known and, contrary to the unsupported contention by the plaintiffs- appellees, probably minimized the confusion attendant on this first primary election. This Court feels that, if anything is to be indicated by the response given the Mortar and Pestle group by the duly enrolled membership of the Democratic Party of the Virgin Islands, a mandate has been given them whatever the basis of leadership or policy on which it stands. Absent the showing of firm reasons to set aside such a popular reaction to their candidacy, the results of the primary election must stand and the judicial restraint upon their power to act must be dissolved.

As to the counterclaims of the appellants which the District Court denies in Civil No. 260, the case is replete with evidence that the appellees have continued to assert that they still constitute the only legal Territorial Committee of the Democratic Party of the Virgin Islands. Hence the District Court erred in denying the appellants injunctive relief. Indeed, necessity for restoring the status quo requires that appellants be granted the injunctions they requested.

The judgments of the District Court of the Virgin Islands entered on July 20, 1964 in Civil No. 158 and in Civil No. 260 in favor of the appellees and denying the counterclaims of the appellants are reversed, and the orders and injunctions contained in the said judgments are vacated. The cases are remanded to the District Court with instructions to issue the injunctions requested by the appellants in their counterclaims and for any other action consistent with this opinion.

FREEDMAN, Circuit Judge (concurring).

I concur in the result. For if we should undertake to review the bona fides of the electors' statement of support of the policies of the Democratic Party, then, as Judge Forman's opinion convincingly demonstrates, there is no evidence to support the charge.

I have serious doubt, however, that we need reach the factual question. The elusive conception of motive in enrolling as a member of a political party and the difficult problem of determining the principles of a political party at a given time lead me to believe that we must not accept the role of making such decisions unless there is clear statutory requirement that we do so. The New York cases to which we are referred1 are plainly based on specific statutory provisions.2 The New York statute confers on the chairman of the county committee of the party in which the voter enrolls the power to determine whether he is 'not in sympathy with the principles of such party' and specifically authorizes judicial review of such determination.3 There is no such provision in the Virgin Islands Election Code. All that 302 requires is that an elector 'shall be eligible to enroll as a member of the recognized party of his or her choice, by subscribing to support the policies of said party.' This means a statement of intention to support in the future the policies of the party. It does not require past affiliation or even a declaration of past support of the policies of the party. The courts have found it difficult enough to deal with present intention as to future conduct in simple cases of contract or tort. I do not believe that it is desirable for the courts to seek to determine motive or intention and the bona fides of belief in political questions such as this, where the wide spectrum of local, national and international problems, varied and shifting as they are in their inherent nature, are involved. The intention of the Legislature to impose this responsibility on the courts does not appear. Indeed, a contrary intention may be gleaned from 108(b) of the Election Code. This section was added to the Code on February 20, 1963. Although it is not effective until after the general election in 1964, it was in existence at the time the electors were enrolled as members of the Democratic Party. It was amended on April 2, 1964, after these events. The existence of 108(b) in 1963 shows the legislative intention that a certificate of the Supervisor of Elections was to be conclusive that an elector was properly enrolled. The 1964 amendment makes this even clearer by providing that the declaration by the elector that he 'certifies in writing that he subscribes to the policies of the party with which he is enrolled at the time of said hearing' requires that the petition challenging his enrollment is to be refused. These provisions are not operative until after the 1964 general election. But since there is no provision in any other part of the Election Code on the subject, I see no reason to deal with this case as if the right of judicial review existed. In short, since a writing subscribing to the policies of the party, after the 1964 election, must result in the rejection of the challenge to the elector, I do not believe the Legislature intended that prior to 1964 the door should be open to a trial by a judge as to the sincerity with which the declaration is made.

We deal here with circumstances existing during the changeover from the former practice to that established by the new Election Code. These circumstances are unique and will not reoccur in the same form. It will be time enough to deal with similar questions if and when they arise in circumstances which require our decision. For in such a case 108(b) will be applicable and any decision we may then make will serve as a guide in the future operation of the Election Code.