The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-22
IT is NOT LEGAL MATTER.

there is but one set of nominees in the
state and those are the Taft electoral
| candidates.
Stanley Will Fight in Primary.
while I am not saying just what
course this campaign may take" said
Fred E. Stanley, the new national
committeeman, yet I am confident
that we will put no speakers in the
state in the pre-primPry campaign.
| To do so would be to concede in
| some degree, at least, that there is
an issue before the people. Our po-
sition is firm and positive. That is
that the electoral candidates are
| bound, legally and morally, to sup
port the party nominee for president
and vice president and we will make
no change in that position"
Even though the Roosevelt forces
win everything on the calendar in the
August primaries, they would still be
two votes short of solid electoral
delegation from Kansas. Two of the
electoral candidates named by the
! congressional and state conventions
are avowedly for Taft. They are
| Charles H. Browne of Horton and
B. F. Baker of Pleasanton. Then,
| too, there are the eight staunch Taft
supporters whose names were certi-
fled to the secretary of state at the
eleventh hour of the time allotted for
filing nomination papers.
After reading the decision of the
court, D. R. Hite, one of the attorneys
| for the Taft following, stated that he
was uncertain as to the probable fu-
ture action.
Hite Admits Defeat.
"It looks like a clean Roosevelt vic
tory" said Hite, although there IS
apparently nothing binding on Judge
Branine to dismiss the action IN his
court and the supreme court comedies
that he had jurisdiction in the case
and was warranted in granting the re-
Straining ORDER
M at W
Hutchinson case will be further con-
tested, although it is probable that no
other action will be taken. confer
ence of the Taft lawyers will be held
this afternoon to discuss the decision
Dawson says Not Legal Question.
Attorneys General John S. Dawson
declared that the supreme court warn
ed Judge Branine to get out from un-
der the case and that the decision was
a straight, clean Roosevelt decision
Dawson said:
''The decision simply means that the
courts cannot entertain nor decide po-
litical questions except where they are
required to do so by specific statutes
enacted by the legislature. The su-
preme court says that the Kansas
legislature has not thus far required
the Kansas courts to take hold of
such questions, and in the absence of
such statutes the courts should keep
out of this electoral row; and they ad-
wise Judge Branine to get away from
it also as soon as ne cam
The suit to enjoin the placing of the
eight Roosevelt electoral candidates on
the primary ballots, was filed last Wed
nesday in the Harvey county district
court restraining order was issued,
preventing the county clerks from p1ac-
ing the names on the ballots pending
final action in the case. The appilca-
ton for an injunction was to have been
heard today in Hutchinson.
Last Friday the progressives hled
petition in the supreme court ASKING
for a writ of mandamus, compelling
the clerks to print the names on the
ballot. This case was argued Satur-
day While the decision today denies
the original writ, it effectually ends
the litigation and gives to the voters
of the state an opportunity TO vote IoI
any 10 of the 1S candidates for Wholn
thew have a personal preference. The
names of the 10 successful Candidates
will be declared the nominees and their
names will appear on the ballots undeI
the Republican heading at the general
election in November.
1t was Chester L. Long Fred Dumont
Smith, Judge Martin, D. r. Hite and |
Fred S. Jackson, who furnished the real
fireworks in the argument of the
Roosevelt electors mandamuS suit in |
the supreme court Saturday. To these !
three men fell the lot Of telling of the |
virtues, the sins and the crime of the
Republican party since the days when |
the Populists and the Democrats re-
leased their grip on the political situa-
tion in Kansas and the nation, 18 years !
ago And they told every word of it. |
Attorney Hite, who represented the |
Taft interests in the fight to prevent |
the placing of the Roosevelt electoral
candidates on the ballot. started the |
trouble. He tore great, gaping holes |
in the work of the progressive Repub- |
licans and pointed to the alleged con- |
structive craftsmanship with sCorn. |
Around this biting, singing arraign- |
ment of the progressive movement and
his allegation of an attempt to dis |
franchise the voters of Kansas Hite |
built a stone wall of legal defsnses. He
scored the reformerS for their at
tempts to "give the people a chance"
by declaring that they were trying to
deny the Kansas voters chance tc
vote for their own party nominee and
to force down the throat of the in
dividual Republican the support of
man who represented new hope,
new dream and new party that was
yet unborn.
took the floor to show the court a clear
reason for denying the writ of manda-
mus he turned loose all his fireworks |
on the progressive leaders who sat at
the table of counsels for the petition |
ers.
..Some of you people, said Long, |
turning to Jackson, Martin, Trickett |
and the other reform lawyers, want to |
use the name. the emblem and the |
prestige of the Republican party be- |
cause you realize it has a value. Yet
you want to use these things against |
the best interests and the will of that |
party
jackson and Pure Food Laws.
Mr. Jackson shouted Long, turning |
on the Fourth district congressman, |
''the Republican party has made pro-
gress in 16 years in the adoption o.
our pure food laws-proyiding against |
deception and deceit-our laws regu- |