The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-08-01
Kansas Election Case Comes
Up in New York
Before Two Justices of the
q. s. Supreme Court.

New York, Aug. 1.-Justice Pitney
asked if, were the courts decision
given by z p. m, it would give oppor-
tunity to prepare the ballots in time
for the Kansas primaries, attorneys
for both sides said that it would. 1t
was said that the ballots were ready
with the exception of inserting the list
of electors and probably could be fin
ished in one night
New York, Aug. 1.-The Kansas pri-
mary election case which involves a
unique point of great importance in
the machinery of the national election
was laid before he justices of the
United States supreme court here to-
day.
Directly or indirectly the decision
of these justices will settle whether
eight candidates for presidential cleo
tors who have declared they will vote
in the electoral college for Theodore
Roosevelt may have their names on
the ballot submitted to the people of
Kansas at the Republican primary
election there on August 6. Emergency
action by the court was necessary 80
that the primary ballots might be
printed in time for the election.
The plaintiffs are the Kansas Taft
leaders and the action which takes
the form of application for a writ of
error, is defended by several attorneys
representing the Roosevelt party, in
cluding L. W. Keplinger and Repre-
sentative F. S. Jackson of Topeka.
Representative Olmstead of Pennsyl-
yania appeared for the applicants.
The question at issue is broad one.
The Taft leaders declare that the
eight electors they are trying to keep
off the ticket were selected with the
by the decision of the Republican ma
tional convention and that If the stat q
urinary elected them the result would
he contrary TO the fourteenth amend
mont of the federal constitution which
forbids any state to interfere with the
freedom and privileges of citizens or
the United States.
The roosevelt people contend that the
voters of Kansas should have the right
of referendum on the decision of the
national convention.
The kansas law is the only one
which would permit such a referendum.
The supreme court of Kansas to which
the question was first submitted held
that regardless of the truth of the
charges of fraud and Misrepresentation
made against the eight Roosevelt cleo
tors. If had no power to grant the re-
lief the Taft people asked for.
The application for a writ of error
was made by the Taft attorneys to Su-
nrene Court Justice Mahlon Pitney.
Justice Pitney believed the Importance
of the dispute made it desirable that
other members of the court should sit
with him, and therefore Justice Willis
Vandevanter sat with Justice P1tney at
the hearing today.
The action in the Kansas courts was
brought by II Taft Republicans who
signed the petitions for the designa-
tion of the eight candidates for cleo
tors who have announced their sup
mort of Col. Roosevelt Without the
signatures of these II men it was ex-
pIained the eight contested candidates
would not have the necessary names on
their petition
The II petitioners held that their sig
natures were obtained by misrepresen-
tation since even at that time the eight
candidates did not intend to abide by
the decision of the Republican conven-
ton unless it nominated Roosevelt, In