The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-08-02
REVERSE
DECISION OF THE
KANSAS COURTS
Vandevanter and Pitney of
Supreme Court Decide on
Roosevelt Candidates
NOT FINAL VICTORY
FOR TAFT FORCES
Roosevelt Candidates to Have Place
on Primary Tickets Next Tues
day-Full Bench of Supreme
Court to Decide Later

oay hii otnNu vi oaPtt"N
Court to Decide Later
New York, August 1--Action of the Kan
sas state courts in refusing to order the
names of eight Roosevelt candidates for
presidential electors stricken from the pri-
mary ballot was partly reversed tonight
by Justices VandeVanter and Pitney Of
the United States supreme court. While
these justices granted the application of
the Taft men for a writ of error directed
| to the Kansas supreme court, their de-
cision does not constitute a final VIC
| tory for the Taft organization. Under Its
terms the right of the Roosevelt candi-
| dates to have places on the primary ticket
will be decided by the full bench of the
supreme court when that tribunal holds
| its next regular session in October. Mean
while the names of the Roosevelt men will
marles next Tuesday.
| The effect of the decision is to leave the
whole Kansas controversy suspended until
October, when it is expected the highest
court will settle 1t before the national
| election.
Today's proceedings before Justices
Vandevanter and Pitney assumed ma
tional independence In view Of the ques-
tion involved This went outside state po-
| litical issues and involved federal and
state rights. Speaking broadly this ques-
ton was whether the choice of presiden-
tial electors was purely state matter or
| ~.
in other words, whether electors were
state officers or federal officers
Citizens Bring Action
The original action was brought by r.
A. Marks and 10 other Kansas citizens
/ to prevent the names of eight candidates
| for presidential electors who had said
that If elected they would vote in the cleo
toral college for Theodore Roosevelt, from
being printed on the republican primary
ballot Marks and his assistants said they
signed the petition for the designation of
these eight candidates under the impress
sion that II chosen they would stand by
The decision OF the republican national
convention.
When the eight publicly declared
| themselves for Colonel Roosevelt the
! regular republican organization set
| about having them debarred from
places on the republican primary bal
lot on the ground that they had OBJ
| tained their places by fraud and mis-
| representation.
Kansas Courts Decision
The Kansas courts decided they had
no juisdiction in this case since the
dispute was purely political one and
made no attempt to pass on the merits
Of the allegations Neither were these
charges considered by the two supreme
court justices in their decision today.
| In making their application for a writ
| of error the Taft men declared the
federal courts had Jurisdiction to pre-
vent the state of Kansas from de-
priving any of it's citizens of free right
to express their choice at the polls
They contended that in case the eight
Roosevelt candidates were chosen the
Taft men who had signed their petit
tion lost their right to vote for their
choice for President
| While this contention formed the
basis of the argument, the success OF
/ the eight Roosevelt candidates at the
primaries would put the regular re-
| publicans, they say. in an embarrassing
situation and endanger the chances of
! their candidates for state officers by
| dividing the republican votes between
/ the columns headed respectively by the
Roosevelt and Taft electors.
| In deciding not to interfere with the
| state primaries Justices Vandevanter
and Pltney said the only way not to
| tnture either party WAS to let the pri-
naries proceed with - Roosevelt can
ddates on the ticket and await the
action of the full court. 1t Is under
| stood the court will decide the case In
I 70 II ha al Of
the ballots 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 Roose-
welt candidates are successful In the
primaries August 6. There are 20 can
didates for electors and 10 will be
| chosen. Twelve are declared Taft men.
In their memorandum accompanying
| their decision tonight 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 JUS
tices to whom the appellation is made be-
lieye that the existence or non-existence
| of the rights asserted is involved in sert-
! Gus doubt, the writ of error should be
allowed. We think that is the situation
Lere.
No Previous Decision
The questions raised do not seem to be
determined or settled by any previous
decision of the United States supreme
court. Some of the opinions OF the court
| contain expressions which tend to sus-
| tain the contention of the plaintiffs.
| Whether In view OF the facts In the cases
which these expressions occur they
| should be regarded as deliberate and
! controlling: ought not to be determined
| otherwise than by the court itself. IL Is
| conceded that the questions are impor-
| tant 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 constitution is
made the final arbiter Of all controversies
arising under that instrument. In this
situation we think the writ of error
should be allowed.
'sBut as courts are reluctant to inter-
fere with the ordinary course of cleo
tions, whether primary or otherwise. the
rights asserted are not clear. but doubt
full. and as the injury and public incon-
venenc (which would result from SUI
Iersedeas or any like order IL eventually
the Judgment OF the state court should
! re Affirmed. or the writ OF error dismissed
would equal the injury which otherwise
would ensue. we think no supersedeas or
kindred should be granted"
The argument occupied the whole day
and the two justices we're in consultation