Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-08-02
ACT IN KANSAS CASE
Justices Partly Reverse State
Court in Electoral Fight.
TAFT MEN GAIN POINT
Full Supreme Bench to Take Action
if Roosevelt Forces Win in
Primary.

NEW YORK, August 2.-The action of
| the Kansas state courts in refusing to
| order the names of eight Roosevelt can
didates for presidential electors stricken
from the primary ballot was partly re-
versed last night by Justices Van De-
vanter and Pitney of the United States
Supreme Court
While these justices granted the APP
plication of the Taft men for a writ of
error directed to the Kansas supreme
court, their decision does not constitute a
final victory for the regular republican
organization. Under its terms the right
of the Roosevelt candidates to have had
places on the primary ticket will be de-
cided by the full bench Of the Supreme
Court when that tribunal holds its next
regular session in October.
Meanwhile, the names of the Roosevelt
men will appear on the ballots at the
Kansas primaries next Tuesday.
The effect of the decision is to leave
the whole Kansas controversy suspended
until October. when 1t is expected the
highest court will settle it before the ma
tional election.
Will Decide in Time.
In deciding not to interfere with the
state primaries. Justices Van Devanter
anu ltItS deCldlS GU tHdL Inc OIiy WdS
not to injure either party was to let the
primaries proceed with the Roosevelt
candidates on the ticket, and await the
action of the full court. 1t is understood
the court will decide the case in time to
keep the Roosevelt electors off the bal
lots in the November election in case the
latter are defeated in the litigation.
The only possibility that the court will
not have to decide the case is that none
of the eight Roosevelt candidates Is sue
cesSful in the primaries August q. In
all there are twenty candidates for
electors, and ten will be chosen. Twelve
are declared Taft men. In their memo
randum accompanying their decision last
night Justices Van Devanter and Pitney
said:
whether the rights asserted have a
real basis in the Constitution and laws of
the United States is the criterion by
which we must determine whether the
| writ of error shall be allowed. Under
the settled practice, if the justices to
whom the application is made believe
rights asserted is involved in serious
doubt the writ of error should be al
lOwe0. We think that Is the situation
here.
Not Heretofore Settled.
1.-The questions raised do not seem to
be determined or settled by any previous
Court. Some of the opinions of the court
contain expressions which tend to sus-
| tain the contentious of the plaintiffs.
Whether in view of the facts in the
cases in which these expressions occur
they should be regarded as deliberate
and controlling ought not to be de-
termined otherwise than by the court it
self
1T is conceded that the questions are
important and of large public concern,
and we have concluded that those who
present them are fairly entitled to the
judgment Of the court which, by the Con-
stitution. is made the final arbiter of all
controversies arising under that instru-
ment. In this situation we think the writ
of error should be allowed
Reluctant to Interfere.
But as courts are reluctant to inter-
fere with the ordinary course of cleo
tons, whether primary or otherwise, as
the rights asserted not clear, but
doubtful, and the injury and public
Inconvenience which would result from a
supersedeas any like order, if event
ually the judgment OF the state court
should be affirmed, or the writ of error
dismissed, would equal the injury which
otherwise would ensue, We think no SUI
persedeas kindred order should be
granted
The argument occupied the whole day,
and the two justices We're in consulta-
ton for more than two hours longer over
their deciS. on.
AS soon as the decision was read by
Justice P.tney. kilograms We're sent off
to Coy. Stubs to announce the result
He had wired the contestants during the
day that unless the printing of the bal
lots could start by I o'clock last night
they could not be distributed i'll all dis
tricts of the state by Tuesday. The type
for ballots was already set, but 300, 900
ballots had to be struck off. and there
was no time 10 be lost TO put the job
through.