New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-29
TAFT MEN SEEK REVIEW
To Take Kansas Primary Case
Before Justice Pitney.
HEARING NEXT THURSDAY
Stipulation That No Step Preju-
dicial to President Shall Be
Taken Before Decision.
LRy Telegraph 70 The Tribune.

Topeka. Kan, July S-The application
OF the attorneys for the Kansas Taft
forces for a writ of error from the United
States Supreme Court upon which to
carry an appeal to the United States SUI
preme Court from the decision OF the
Kansas Supreme Court last Saturday, IN
the case brought by the Tart forces 10
keep the Roosevelt electorate candidates
of the primary election off the ballot VIII
be heard by Justice Pitney, of the United
States Supreme Court, at Morristown, N
j., next Thursday.
The Taft attorneys filed notice WIN
Justice Pitney that an application wouio
he presented to him for a writ OF error.
Justice Pitney to-day wired the attor-
news suggesting next Thursday for the
hearing
Under stipulation entered into TO-
night by opposing attorneys In the Fresr
Dental electors case county clerks are re-
strained from printing the Republican
primary ballots until Thursday at least
The Supreme Court OF Kansas DECIDED
that It would not enjoin county clerks
from printing on the primary ballot Oh
August 8, under the name Of "Repuoh-
can party" the names of men who hao
decided they would vote for Roosevelt
ANY member Of the court has the
mower to issue an order requiring the
Kansas Supreme Court TO send the case
IN for review and TO grant restraining
order m prevent the names being print
ed on the ballot until the Supreme Court
NJ the United states has passed on the
case.
While a Justice might feel himself en-
,ou-ered 10 issue an order for the re-
view. members OF the court lately nave
hesitated TO take that responsibility "hero
momentous questions, delicately balanced
were involved.
Chief Justice White referred the ap'
plication to the entire court when an ap-
plication for similar relief was made In
the beef trust case last winter. Such &C
ton would be equivalent to q denial OF
the application in this case. II is pointed
out. az the primary would be over before
the court could act. in October. It's next
date OF meeting
Never has case similar TO that which
has arisen in Kansas been before the Su-
preme Court. The last time the court
was called TO pass upon a contest over
Presidential electors was in 1892, when a
bitter controversy over the manner OF Sc
lecting electors in Michigan came up for
decision. There an order of review was
obtained, and by advancing the case for
consideration on the first day of the Oc-
tober term the court disposed Of the case
before the November election.
In the Michigan case the question in
volved was the validity Of statute re-
curing the election of Presidential elect
ors by Congress districts, instead of by
the state as a unit
Chief Justice Fuller, i'm announcing the
decision OF the court, said that the ques-
ton was a judicial and not political one,
inasmuCh as II involved the validity OF a
statute under the federal Constitution. He
held that the state Legislature had eXclu-
siyo Jurisdiction over the manner Of APP
pointing electors and that these electors
we're no more officers of the federal gov
eminent than members OF the Legislature
when electing United States Senators. He
added that the long custom of selecting
electors by the state a unit did not
change the Constitution, so that they
must be elected in that manner