Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-08-01
TEST ON
ELECTORS Up IN
FEDERAL COURT
Justice Pitney Sits in
Case Involving
Presidency.

q otoh
NEW YORK, Aug. Argument in
the Taft Roosevelt struggle over the
Kansas electors is being heard today
by Justice Mahlon Pitney and Willis
Van Devanter, Of the United States
Supreme Court.
OF momentous importance the is
sues In the Ease are without parallel
in American history. The decisions
of the justices viii affect profoundly
| the status of the electoral college.
and hence the machinery by which
the chief executive of the United
States is chosen.
The hearing is being held in the
Federal building. The justices en-
tered the courtroom oon after 10
o'clock.
Ask Writ of Error.
After a brief preliminary statement
by Justice Van Devanter. Representa-
tive Marling j.. Olmsted opened his
argument for the writ of error.
Associated with Mr.. Olmstead is
Beck r. Hte, of Topeka. The oppos-
ing counsel are Representatives Fred
A. jackson, of Topeka. and L. w.
K~apleinger, of Kansas City.
In response TO an urgent summons
from Justice Pitney, Justice Van
Devanter came from West Spring
field, N. f., last night to sit with
him at the hearing. as Kansas is in
his circuit.
Decision in the case had to be
reached quickly because the Kansas
primary will be held Tuesday.
Ask Outline of Case.
In opening the hearing Justice Van
Devanter said:
Justice Pitney expresses my sen-i-
ments, and he also requested the
presence of other justices. but they
could not come"
1.-The only question to be decided
upon this petition commented Rep
resentative Olmsted as he proceeded
to his argument, lis whether there is
a federal question specifically pre-
sented upon the record to warrant the
allowance of a writ of error to the
Supreme Court of Kansas The argu-
ment hinges upon that"
Don't you think it would be well,3
interrupted justine Van Devanter. ito
give the parties in the case and an
outline of the proceedings. I am not
familiar with them.
Fraud Is Alleged.
Mr.. olmsted explained that the
plaintiffs are r.. A. Marks and eleven
other citizens of Kansas. whose names
were used upon the petition OF eight
candidates for presidential electors.
The defendants are Samuel A. Davis.
seven other contested electoral nomi-
nees and the county clerk of the state
of Kansas.
These defendants" commended Mr..
OImsted. had been nominated by
petition signed by the twelve plain
tifs and others. These plaintiffs al
lege that their signatures were OBJ
tanned by fraud and false pretenses
on the assertion and declaration that
these men proposed to represent the
Republican party on oath for its can
didates.
"lttOQt tAfCCt NNCift oAhts 11t
candidates would not have enough
signatures to meet the requirements
Of the law, and, therefore. could not
have their names placed on the Off
cial ballot"
Clash Between Court and Counsel.
"A touch of spice was given to the
proceedings when Justice Van De-
vanter. and Representative jackson
clashed at times. In his argument
against the granting of the writ Mr.
jackson asserted that the constitu-
tional right Of no one was in ques-
ton, and that the application to the
Supreme Court was entirely without
warrant or precedent.
why, the Kansas statutes bristle
with remedies" he exclaimed.
Justice Van Devanter TOOK him up.
tContlnued on Second PageJ !.