The Detroit times., 1912-08-02
Attorneys for Taft Forces Talk
Against Men Who Say They
Will Vote for T. r.
JUSTICES VANDEVANTER
AND PITNEY ON BENCH
Roosevelt Says Question In
wolves Right of States to
Is Govern Themselves


Bat ia the court room In the federal
building here today TO pass on one OF
the NEST important political questions
over raised In the history OF the
nation. Involved was the legality OF
the future action OF presidential cleo
tors IN most of the direct primary
states of the United States.
The extraordinary proceeding re-
suited directly from the action OF the
supreme court OF Kansas declaring
that the names OF eight presidential
Electors In that state should be placed
bh the Official primary ballot in the
Republican column, although these
men nave openly stated that IL they
are elected they will not vote for
Taft and Sherman, but will vote for
Col. Roosevelt and his running mate
when the electoral college assemblies.
II had been expected that Chief
Justice White would sit In the case
but he failed TO appear. The Taft
forces we're represented in the pro-
ceedings by Congressman NJ. l.. Ohm
sted. Of Harrisburg, Pa. and Richard
R. Hite, OF Topeka, Kansas, while
the Roosevelt men had their side OF
the case presented by l.. W. Kepp-
niger, OF Kansas City, and F. s. Jack
Bpn. OF Topeka.
When the two justices settled back
nto big easy chairs, Justice Pitnev
said that they we're there TO decide
petition for a writ OF error on a
question with which he was not very
familiar.
Just explain this case to us now
Mr.. Olmsted," he said.
Olmsted started TO read from
bulky printed brief The two justices
listened a few seconds plainly i'm
patient and then Pitney broke in
hgain:
"Oa no. not that just tell us the
merits OF this contention In plain
English We want to get right at the
heart OF It."
Olmsted then stated that the ac-
ton arose on petition brought by
70 voters Of Decatur and Jewell coun-
ties, Kansas, in the Harvey county
court. They sued for an injunction
PROHIBITING the placing on the primary
ballot as Republicans OF Samuel A.
Davis ana seven others who had open
" stated that they would never vote
TOR Taft and Sherman. Olmsted re-
cited Inc proceedings of the Republi.
oan national convention at Chicago,
which, he stated, was regular in every
Way ana which nominated Taft and
Sherman as the candidates for presi-
deI: and vice-president.
There is now a new party being
Horned" he said. "and II is generally
accepted that Theodore Roosevelt will
be the presidential candidate OF that
party. These eight defendants open
ly assert that they will support
Roosevelt. AS proof let me read this
extract from a letter written by
Davis to Z. A. Stanley, of Topeka:
"'And any man to support Taft,
feeling as / do, would have TO be a
rebel against his own conscience. IL
you want Taft vote for the other fell
low. will vote for Roosevelt because
II | am elected | will have been elect
ed by the men who believe that The
odore Roosevelt should be president.
Now these men went to Chi
cago and participated in the Repub-
lican convention for time. but they
did not vote for the platform adopted
or the candidates nominated by that
convention"
Here Justice Vandeventer broke in
with a question:
"You don't mean to say that these
men changed their minds after the
| Chicago convention, but that they
went into that convention with their
minds made up to bolt the ticAet
nominated there, do you not?"
YES, that is what | mean," replied
Olmsted. When they publicly stated
their attitude the petitioners In this
action appealed TO the Harvey coun-
/ ty court to enjoin the placing OF their
names on the primary ballot
Before the court had decided the
matter, the case was derricked into
the supreme court OF the state. That
body held that the petition did not
furnish a real cause OF action which
could be passed on by court, as the
issue that was involved was OF an alb
solute political nature. This we con-
tend not to be true. After the SUI
preme court made this ruling the
Harvey county court dismissed the
application The case was appealed
to the supreme court, and that body,
Justice West dissenting, upheld the
lower courts dismissal.
NOW unuer the Kansas law IN OF
der for persons TO become candidates
at the primaries they must have pc
ttions signed by at least one per cent
OF the voters Many persons who
want to support Taft and Sherman
signed petitions for the men here.
Under the question OF law they must
support them at the election as they
have no right to vote for anyone else,
and II is case OF either being dis.
franchised or voting for electors who
will not support in the electoral col.
lege the men these voters want sup
ported"
While Olmsted was explaining his
case to the two justices, Gov. Stubs
OF Kansas was one OF the closest lis
teners. edging his chair over almost
directly under the bench on which the
two justices were seated.
+. s. Jackson. OF Topeka. for the
Roosevelt forces. caused a sensation
By saying.
Your honors. this case involves
more dynamite than any case that
has come before the supreme court
since the days OF so-called recon
49, a