The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-25
Supreme Court Will Again
Hear Injunction Case.
Status of L. r.. Electors to Be
Decided Then.
THE TAFT men Determined
They Go Back to Supreme
Court From Branine.
After Judge Refused to Make
Injunction Permanent.

Records of the appeal from Judge
Branine's court to enjoin the placing
of the names of the Roosevelt cleo
toral candidates on the primary cleo
tion ballots were filed today in the
supreme court and the question set
for hearing at o'clock Saturday
morning. The temporary restraining g
order granted more than a week ago
by the Harvey county judge is still in
effect and is operative pending the fin
al action of the higher court.
Under the stipulation of the lawyers,
following the hearing in Hutchinson
Tuesday, the records in the case were
due in the supreme court at noon TO
day. They were filed at IL O'Clock py
D. r. Hite, representing the Taft IN
terestS in the controversy. A second
stipulation provides that the restrain
ing order will remain IN 1orce II py
Friday noon an agreement LOT lInnhe-
diate hearing is made by the regulars
This. contest will be filed tomorrow
and Saturday morning the case Will De
heard on its merits. Two OF the asSo-
ciate justices of the court-Judg Ser -
son and Judge Burch-are III OoloA d"o
and will not sit.
Concerning the issues to be raised
by the Taft forces in the nearing pe
fore the supreme court, Fred ,. Jack-
son today made statenent ~ ~ w. ~
he meets the argument of chester /.
Long and insists that the people nave
a right to a voice in the present party
quarrel.
Fred JacIxson's Statement.
mo candidate for president has the
right in law or common 9ustlce 70 Hd t,7
his name on the Republican ballot IN
Kansas until it has been indorsed ana
certified under the law to the Secretary
of State by the state organization or
that party, the organization Recognized
and protected by the laws OF the state
NIn rfU council
the state committee to be chosen at
the primary at the same time the
presidential electors are to be voted on,
is the living voice and at the same
time, the supreme court of the party.
Will Senator Long abide by It's declslon'
or will he bolt?
'aThe Republicans of Kansas, pro-
gresSives and in many cases those VINO
style themselves regulars, have worked
a assiduously for seven years to make
the party progressive in its policies and
laws, as popularity understood in poll
tics today.
1.-THE success of the Republican par
ty in Kansas at the present time is
largely due to its advancement and in
crease in strength in the last few
years. Boss Tweed said years ago
that he was always willing that the
people should vote for the candidates
he nominated, and Boss Barnes, his |
grandson, representing the spirit of
his distinguished grandfather, now
proposes that the courts shall pre- !
vent the voters of Kansas and other
states from any expression as to the |
nominees of their party.
The opposition appeals to equity |
and two we'll known principles of |
equity settle the controversy: That |
which is done in fraud is not done at |
ALL and if President Taft was nomi- |
mated by fraud, he was not nominated. |
Let the people say. The other princi- |
pie of equity is: That must be con- |
sidered done which should be DONE /
The delegates to the national conven- |
ton from Kansas, almost half of all |
the delegates conceded to be entitled /
lions of voters all over the country |
honestly believe that Theodore Roose-
yelt who Chairman Root character
zed as the most distinguished Repub-
ican of the age, had more than a
ma jority of the legally elected dele |
gates to the Chicago convention. In |
equity, therefore, he is the Republican
nominee. The supreme court of Kan
sas has said that the fact that he is
also the nominee of some other party,
similar principles, is i'm
material. Let the people judge.
Senator Long proposes to fight;
that is right. The Republicans of
Kansas propose to fight to keep the |
same men, who destroyed the Repub-
fcan convention at Chicago and pos
sibly the Republican party in the ma
ton, from taking by force and vio-
ence the party name and emblem in
Kansas. 1t belongs to the rank and
lie of Kansas Republicans. Let them
decide; let them use it as they deem |
oest.'