The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-20
PLEADING CASE SHOWS The B(
supreme Court Listens to Man. Herman Ridder, Treas
damus Arguments. the Last Bryan Cam
Eleven Lawyers Take Part in Submits Itemized State
Il. r.. EIector Suit. Receipts and Expe
ARGUMENT OF PROGRESSIVES HE HAD TOTAL OF St
That Branine Holding Up Contributed $37 900 Hill
States Election Machinery. Means of Trick.
People, Not Courts, Should De- The Candidate Had Set
eide L. r.. Electors. of $4,000
Supreme Court Listens to Man.
damus Arguments.
Eleven Lawyers Take Part in
Il. r.. EIector Suit.
ARGUMENT OF PROGRESSIVES
That Branine Is Holding Up
States Election Machinery.
People, Not Courts, Should De-
eide on L. r.. Electors.

Arguments in the case brought yes
terday to mandamus the los county
clerks of the state and to compel them
to place the names of the eight Roose-
welt electoral candidates on the pr1-
mary election ballots, are being hearo
today in the supreme court. All Oh the
seven justices are sitting. Interest IN
the case was keen and the court room
was filed with state officials, lawyers
politicians and persons interested IN
the contest
Eleven lawyers were pitted against
each other in the argument Of the nu-
merous legal propositions and the
hearing will probably occupy the en-
tire day. Before the opening of court
the state amended its petition for a
peren.ptory writ of mandamus. The
name of John Dawson, as attorney
general and in behalf of other COM
plants. was used in the bringing
of the action. But Dawson was out OF
town, was not heard from until after
the arguments begun and the petition
was refiled in the name of Governor
Stubbs.
jackson Presented Case.
Attorney D. R. Hite of counsel for
the Taft Republican forces, followed
Fred S Jackson in his statement of
the merits of the case for the state
EIite called the courts attention TO the
fact that no service had been secured
or Judge c. f. Branine nor on any OF
the 1O5 county clerks, that the five
LAWYERS appearing in behalf OF the
regular Republican interests, appeared
merely for themselves as party de-
PENDANTS.
Afidavits were offered by Congress
man Jackson to substantiate the states
contention that at least 20 county
clerks had personal knowledge of the
pendiug litigation. Then Hite called
the courts attention TO what he term
ed. .'an effort to segregate proceedings
in Injunction into a suit in mandamus-
AS to a presenta ton of facts, Hite
argued that the defendants in the man
danus suit were not ready to proceed
I'VE are not ready ana cannot be
ready to a trial of the issues and
facts at this time,'' Hite told the court.
sT only call the attention OF the court
as to the condition of the record, as tc
our position. This case was filed at
IL O'Clock yesterday morning ana IN
less than "A hours we are brought here
to defend"
Court Decided to Hear Case.
After a brief recess, the court an
rounced that it would proceed with the
hearing as to the question of jurisdic-
tion and If issues are facts were rails
ed, that provision would later be made
for those matters. AS to the question
of the 1O5 county clerks named as de-
PENDANTS, the court said they might
come in and defend in the action, but
that no such duty rested on them
In 2 As minute speech, c. w. Trickett
outlined the contention of the state in
the application for a writ to compel
the placing of the Roosevelt electoral
candidates on the ballot. He con-
tended that the action in Judge Bran
ines court was binding only on Sam
A nav M
and a resident of Harvey county. and
on the clerk of that county. AS to the
seven other electoral candidates or the
104 other county clerks, Branine had
no jurisdiction and service. if any, is
not binding. That wasn't all. Trickett
played strong on the theory that the
state courts were bound and gaggee
in the settlement of differences within
the party organization, that if there
is objection to the electoral candidates
these grievances should have been pre-
sented to the canvassing board. II
there is still trouble Trickett argued
that the matter should go to the party
council for settlement.
Several times Trickett was inter
rupted in the course of his argument
and Associate Justices Porter and
Smith asked questions. Once Judge
Porter asked If the attorney was not
arguing from the point of an imagin-
ary appeal from the lower court and
again it was suggested to the Kansas
City lawyer that the argument be con-
fined to the application for a writ of
mandamus.
People Highest Authority
These electors said Trickett in
discussing the Republicanism of the
eight Roosevelt followers, ''su bmit
their allegiance to the Republican
party to the highest authority, the
very fountain head of the organization
to determine whether or not they are
Republicans of the same faith and be-
lief as the men who predominant that
party. 1t cannot be said that by fraud
or deception that these men are try
ing to conceal anything from the
party itself or the people who control
it,
Judge Frank L. Martin, of Hutch
fnson, followed Trickett and spoke for
the state. He charged that the eff
forts of the regular Republican at
torney was an attempt to lay Black
stone on the shelf and to substitute
cushing and Roberts in determining
what to do. Martin contended that
the Injunction suit before Judge Bran
inc was an attempt to block the cleo
tior machinery ofzthe state and that
the supreme court had authority to
interfere.
Al noon none of the attorneys oppos-
inc the Roosevelt electoral candidates
had been heard concerning the main
issues in the case.
Governor Stubbs. who substituted hie
own name in the case in the absence of
the attorney general. attended a por-
fion of the morning hearing.
Stubbs Thought 1t Funny.
mighty funny, isn't it?'' said the
Governor, in discussing the sudden ap-
9earance of Dawson after the case was
called for hearing, rather funny that
Dawson should be found just at this