The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-22

Supreme Court So Decides in
T. r. EIectOr Case.
~Remedy of Taft Men Is by
Political Methods"
However, Court Does Not Lift
Injunction.
ASSUMES" BRAEiNE WILL
Il. *. Electors Sure to Stay on
Ticket.
Court Politely Orders Bra
nine to Dismiss Case.
Roosevelt Supporters Elated
Over What They Call Victory.

Names of both the Roosevelt and
Taft electors will appear on the pri-
mary election ballots in Kansas under
the decision today of the supreme
court.
In its decision the supreme court
denied a writ of mandamus ordering
the placing of the eight Roosevelt elec-
toraI candidates on the primary ballot
stated that Judge c. f. Branine was
within the statutes when he restrained
the county clerks from sending the
eight names to the printer, but stated
that the controversy was a party quar-
rel and assumed that the Harvey
county court will dismiss the iniunc-
tiOn proceedings when they are pre-
sented Tuesday morning in his court
The opinion gives to the voters a
chance to vote on all of the eighteen
electoral candidates and the decision
is a victory for the Roosevelt follow
ing.
That the questions involved in both
the injunction and mandamus pro-
ceedings are political issues. is the
sweeping decision of the court. which
recites that the allegations of fraud by
the Taft forces is not sufficient or of
of law or equity. The court held that
when the injunction suit was fled in
Judge Branine's court in Harvey coun-
ty, that the Kansas jurist had iurisdic-
tion to entertain the petition and to-
grant the restraining order, with
holding the names of the Roosevelt
electors from the ballot until the final
disposition of the case Now. the SUI
preme court gently and courteousIy
suggests that Judge Branine sidestep
further trouble and dismiss the pro-
ceedings. And with this suggestion
the supreme court denies the writ of
nandamus.
Roosevelt forces i'm Topeka were
eIated over the decision of the court
and declared they had won a sweeping
victory, gaining every point of con-
tentiOn to keep the progressive candi-
dates on the ballot. Judge Frank l..
Martin will tomorrow go before Judge
Branine in Hutchinson and make for
NAL motion for the dismissal of the in
junction suit. 1t is hardly probable
that the petitioners for the injunction
will take any steps to prevent the is
suance of this order or to further pros
ecute the suit.
All of the seven judges of the su-
preme court concurred in the decision.
which was sent to the clerk in writing
a few minutes before the noon hour.
That the court considered the fight
over and the controversy over the eli
gibiIity of the Roosevelt electoral can
didates to a place on the ballot. was
evidenced by the fact that Judge Ben
son left at once for Colorado and other
members of the court announced that
they would leave the city at once to
be absent until the date of the prf-
maries.
The decision covering the issues
in the case is as follows:
The Decision.
s'The court is of the opinion that the
district court of Harvey county had
jurisdiction to entertain the petition
filed therein and to issue a restraining
order pending its examination of the
case. 1t is further of the opinion that
such petition does not state a cause of
action for a kind of fraud cognizable
by a court of law or equity. Assum-
ing the fact stated to be true they are
political in their nature and the rem
edy of the plaintiffs is by political
methods. The courts can not be called
upon to decide political matters fur
ther than the statutes clearly require
and the statutes of Kansas do not ex-
preSsly or by implication, authorize
the granting of the relief asked of the
district court of Harvey county
s'It is assumed that the district court
of Harvey county will reach the same
conclusion and dismiss the action
pending before it. Upon such dis
nissaI the occasion for the proceeding
in this court will be removed and. con-
sequently this proceeding is dismissed.
"All justices concurring."
Fred jackson Is E1ated.
CONGRESSMAN Fred S. Jackson. who
led the fight for the Roosevelt forces
in the supreme court, was elated when
he read the decision.
I'VE won everything for which we
contended," said the Fourth district
congressman, "and the people will
have a chance to vote for ali of the
electoral candidates. Our only reason
in bringing the action in the supreme
court held with US in our contention that
tice and arrive at an early decision
In that we were successful and the
cIIrt held with us in ur contention that
This is a political and not a legal ques-
tion and that 1t must be presented to
the party organization.
And the party organization, as the
aropressive leaders see it, is an appeal
- fhe voters in the primary election.
Now the fight will be waged for the
noninaticn of the eight Roosevelt can
didates. Every speaker of note who
can be secured by the progressive
leaders will be placed on the stump