In that decision it was held that affirmative State action is not necessary to constitute race discrimination by the State.

In other words, in order to constitute affirmative State action in violation of the Constitutional mandate against distinction and discrimination based on race or color, it is not necessary that the State should pass a law for that purpose.

The State, the Court declared, acts through its agents, Legislative, Executive and Judicial.

Whenever an agent or representative of the State acts, his acts are binding upon the State, and the effect is the same as if the State had passed a law for that purpose.

If a judge, for example, in the selection of jurors to serve in his court should knowingly and intentionally allow a particular race to be excluded from such service on account of race or color, the effect would be the same as if the State, through its Legislature, had passed a law for that purpose.