Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-07-29
Is Asked to Issue
Writ of Error in
Kansas Case of
Taft and 7. R.
1T WOULD ESTABLISH
PRECEDENT FOR OTHERS
Clerk Had Refused to Put
Names of Electors on Pri-
mary Ballot and Quick Hear.
ing Is Planned.

Justice Mahlon Pitney. Of m,
United States Supreme Court. win
De asked IN Morristown d "a
grant a writ of error in the Tar
Roosevelt conflict over the Kanxa.
electors.
In itself of the utmost lmportanra
this case probably will be 4 nrers.
dent for the settlement Of simit.r
electoral disputes in several other
States.
The justice will hear arguments ~
counsel on Thursday. The nr;nt;n~
OF the Kansas primary ballots bae
been delayed by stipulation until h
renders a decision.
Republican leaders throughout he
country are watching the proceed
ings with the greatest Interest,"
the decision will affirm or desfra~
the status of many electors alreaav
named.
President Taft told visitors at fhs
White House today that he believa.
me case worth Fighting 10
the finish.
Al the time delegates to the Re-
publican national convention were
CHOSEN in kansas the electors were
named These We're Roosevelt men.
Nnen President Taft was renonf-
mated the electors said they uopjd
run on the ticket headed by Taft ana
then In the electoral college vote far
Roosevelt. To upheld their stand
they argued that the Constitutes
gave the electors the RICH ia vofe i
any way they pleased. although fhe
custom had been to vote for the man
who headed their ticket.
Refused to Put Name ON Ballot.
place the names of these electors 81
the primary ballot The Roosevelt
men. through Governor stubhs. took
thecase to court The attorney -eenera{
applied to the Suprena Court for 1
writ of mandamus ORDERING the
names placed upon the ballot. The
court held that it was a matter for
the voters and not the judiciary to
settle and refused to interpose.
The Taft men decided to take the
case before the United States su-
preme Court on appeal, 1t was mn
perative to have the question decided
quickly.
Justice Pitney was communicates
with by wire on Saturday. He pro-
posed to hold the hearing next Thurs
day, providing sufficient steps were
taken TO preserve the status que
Tsn WIN Not Interfere.
Representative Marlin Olmsted. Of
Pennsylvania, who is counsel for the
Taft forces, telegraphed to Justice
Pitney hat he would come from
Washington today with the records
of the case. He is expected in Nor
ristown late this afternoon.
Mr.. Olmsted called at the White
House today and consulted with
President Taft. He is understood to
have told the President that he al
ready had asked Justice Pitney for
a hearing and that Governor Stubbs,
of Kansas, had asked for a hearing
on behalf of the Roosevelt men
The President will not Interfere. He
told callers today that the first in
formation he had of the plan TO have
the Kansas electoral case heard by
the Supreme Court came from Chair
man Hilles. of the Republican Ma
tional Committee.
The test case is being fought ost
under the title of Mark VS.. Davis
The decision not only viii AFFECT tie
Kansas electors. but those of all the
States in which electors were chosen
at the same time as the Republican
delegates. There are four or five Of
these States.
While a justice might feel himself
-
Continued on Second Pase.1 .