Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-08-02
OF NATIONAL IMPORTANCE
CASE INVOLVING n. X. DELEGATES
IN STATE PRIMARY MAY
HAVE WIDE EFFECT.
REFER TO SUPREME COURT
Action VIII Not BE Had Until Octo.
bcr, But Before Noycm-
ber Election.

NEW YORK, Aug. 1.-The action
OF the Kansas state courts in refus-
ing TO order the names of the eight
Roosevelt candidates for presidential
electors stricken from the primary
ballot was partly reversed tonight by
Justices Vandeventer and Pltney, OF
the United States supreme court,
While these judges granted the appli-
cation of the Taft men for writ OF
error, their decision does not consti-
tute a final victory for the Taft or
ganization. Under its terms. the right
of the Roosevelt candidates to have a
place on the primary ticket will be
decided by the full bench OF the SUI
preme court when that tribunal holds
its next regular session In October.
Meanwhile the names of the Roosevelt
men will appear on the ballots at the
Kansas primaries next Tuesday.
The effect of the decision is to leave
the whole Kansas controversy sus-
pended until October, when II Is said
the highest court will settle 1t before
the national election.
Todays proceedings before Justires
Vandeventer and Pitney assumed ma
tional importance, in view Of the ques-
tion involved. This went outside the
state political issues and involved
federal and state rights. Speaking
broadly, this question was whether
the ihoice OF presidential electors was
purely statement or could be super
vsed by the federal courts. In other
words whether electors were state Of
ficers or federal officers,
Twenty Candidates.
In deciding not to interfere with the
state primaries, Justices Vandeventer
and Pltney said the only way to In
jure either party was to let the pri-
maries proceed with the Roosevelt
candidates on the ticket and await the
action of the full court. 1t Is un-
derstood the court will decide the
case In time to keep the Roosevelt
electors off the ballots in the Novem-
Der election in case the latter are de-
feated in the litigation. The only pos
sibility that the court Will not have
to decide the case Is that none of the
eight Roosevelt candidates is success
full in the primaries August 6. There
are twenty candidates for electors and
ten will be chosen. Twelve are de-
clared Taft men. In their memoran-
DUN accompanying their decision to-
night Justices Vandeventer and Pjtney
said
whether the rights asserted have a
real basis in the constitution and
laws of the United States Is the cri-
terion by which we must determine
whether this writ Of error shall be
allowed. Under the settled practices,
If the justices to whom the applica-
ton Is made believe that the existence
or non existence of the rights assert
ed is involved in serious doubt. The
writ of error should be allowed. We
think that Is the situation here.
'The questions raised do not seem
to be determined or settled by any
previous decision of the United States
supreme court. Some OF these opn-
ions of the court contain expressions
which tend to sustain the contentious
of the plaintiffs. Whether, in view of
the facts in the case in which these
expressions occur, they should be re-
garded as deliberate and controlling |
ought not to be determined otherwise |
than by the court itself. 1t Is conceded |
that the questions are important and
of large public concern and we have
concluded that those who present /
them are fairly entitled to the judg
ment of the court which, by the con-
stitution is made the final arbiter Of
all controversies arising under that
instrument. In this situation We think
the writ Of error should be allowed"