The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-09-07
IT is DISSOLV we'd.


The Denver judge. in his opinion,
n I1a tnat the issues presented in the
Kansas political quarrel were not of
such nature as to warrant relief by
injunction in a court of equity.
The restraining order secured two
weeks ago by the Taft leaders, pre-
vented Charles Sessions as secretary of
state from certifying to the county
clerks the names of the eight eIector-
al candidates pledged to the support
of Roosevelt. While this action was
pending the controversy between the
Kansas Progressives and Regulars
was called before the state contest
board. This body declined to pass on
the case while the action was pend
ing in Denver and ordered opposing
counsel to submit briefs covering GER
tain issues. In the meantime mem
bers of the board went to Denver,
where they heard the arguments in
the Injunction proceedings in the fed
eral court
Issues raised by the Taft lawyers
in the Denver case are said to be very
similar to questions to be presented
before the state contest BOARD Tn
der the present order from the board,
the contest case to determine the
rights of the Roosevelt electors to
place on the Republican ticket, will
be heard in Topeka September II. 1t
is probable that two days will be set
aside for this hearing.
The defeat of the Taft forces in
Denver follows a series of defeats.
Two cases in the state supreme court
were decided against the Taft crow d,
a hearing before Judge Pitney of the
United States supreme court resulted
in a partial defeat and the action is
now pending in the higher court.
There was the action before Judge G.
E. Branine in Hutchinson and The
ing order. Then came the suit IN
Judge Sanborn's court and another
defeat for the Taft men
In practically all of the cases, the
courts have neld that they had no
legal right to interfere III the KAN
sas presidential electoral case, that the
allegations of fraud were not of such
nature that demanded the attention
of g court of equity and that the trou-
bles should properly be adjusted before
the states political organizations.
Several times the courts have con-
CURED in an opinion that there was
a moral wrong perpetrated IN me
placing of men pledged 70 Roosevelt
on the Republican ticket. but these
courts declined to interfere in what
they termed a political quarrel.
Governor Stubs and other Progress
sive leaders believed that the San
horn opinion was the final ending of
the controversy They declare that
the Taft men will hardly find occa-
sion or excuse for dragging the ac-
ton through other courts ana that
the question is now settled
On the other hand is the statement
of Fred z. Stanley, Republican ma
tional committeeman for Kansas, VINO
last week declared that defeat either
before Judge Sanborn or the contest
board would not end the litigation
and that the effort to remove the
Roosevelt electors would be prose-
cuted through every court in compe-
tent jurisdiction.
In his opinion, however, Judge San
born practically solves the entire
ing the controversy in this brief para
graph:
"Conceding the truth of all the aver
ment of the bill, the application for
the injunction can not be granted be-
cause under the decision of the su-
preme court, which is controlling in
this court, the threatened wrongful
deprivation of a citizen of his right
to vote under the constitution of the
United States by election officials or
others presents no cause Of action in
equity for an Injunction to prevent
it,
While the case before Judge Sanborn
and the action before the state contest
board are separate and distinct in their
relations to each other, yet the issues
involved are quite similar For this
reason, many people who have watched
the progress of the presidential cleo
toral litigation, are of the opinion that
tho decision of Judge Sanborn prac-
tically settles the case before the con-
test board.
Secretary of State Charles Session de-
clired to discuss the issues of the case,
contest board, of which he is a member,