The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-20
An Old Kansas Case Something
Like This of Il. R. Electors.
Was i'm 1895 When Bryan and
SeWaII Were Candidates.
DAYS OF Pop DEMO. FUSION
One Set of Electors for Both
Parties.
Supreme Court Then Held That
Pop Should Stay on Ticket.

1 hCS~@J OA AANAOOS
/ That 57th Kansas decision. which is
| so freely quoted in the contest in the
| Roosevelt electoral candidates on the
primary ballots has two edges and
may cut both ways in the political
| legal battle over the Roosevelt cleo
tors. Both the attorneys for the
Roosevelt and the Taft forces admit
that the case is square1y in point. The
issue IS surrounding the two opinions
in the case.
the Democratic nominees for Presi-
dent and vice president and Bryan and
Watson were the nominees of the
Peoples Party. In Kansas there was
but one set of electoral candidates for
| the two parties and in those days the
anti-fusion law existed only in the
minds of the statesmen. So 1t became
known that watson was to be the
for Bryan and Sewal1 and that the
Peoples Party candidate was to hold
the sack at the November election
Watson was wroth and declared he
ceedings were instigated to keep his
name on the ticket, the action bearing
the title of Breidentha1 VS.. Edwards.
1t was a Populist court that heard the
action for a writ. In those days there
were but three justices and Justice
David Martin, who had been appointed
by Governor Morrill,, was chief justice,
while Judge Allen, of Topeka, and
Judge Johnston were associate Justices
Judge Johnson was the only Republ1-
can member; and after the Popuist
court had declared that Watson could
not withdraw, it was Judge Johnston
who wrote a dissenting opinion that is
said to have become the generally ac-
cepted authority. In that opinion Judge
Johnston said in part:
&c frIJa Vypd not dirGCtlV
president and vice president, but, accord
ing to usage which has prevailed Tor
by the electors with almost the same
certainty that could be accomplished by d
direct vote. 1t is well known that the
preliminary steps to a national election
are taken by political parties. and tie
candidates for president and vice presi-
dent are chosen by them. After nominal
tons are made the adherents of the sew
era1 parties in the several states put for
ward electors of the same political faith
as the candidates, and these electors, II
chosen, are in honor bound to vote ZOE
such candidates. Although there is no
other obligation than that of honor rest
ing upon electors SO chosen: II Is; as
sive and noteworthy that, in all our his
tory, no elector has ever violated his
honor or betrayed the trust of those ,t Wa9
that the purpose of using Watsons name
at the head OF the ticket Is to m1sleaG
the voters of Kansas and induce them to
vote for the electors on that ticket un-
der the belief that they are voting 20:
electors who will vote for Watson foz
that the electors, so named, are not |
members of the Peoples party, to which /
Watson belongs, but are members or tns
party; and If chosen will not
vote for Thomas E. Watson for vice
president of the United States. If these
name upon the ticket will be a palpable
deception of the voters of the state and
4 great injustice to him. Shall the secre-
N the deception and wrong? and should
The solemn mandate of the court be err
oloyed to compel such participation?
. ." 1T is clear that the court is not
required to compel action that will mis-
cad the voters OF the state, or become
IN instrument in carrying out an injus-
Australian ballot law is the prevention OF
deception and fraud in the elections, and [
20 obtain a free and intelhgent expFeS-
sion of the voters.
United States Senator Charles Cur
It's made his first political speech OF
the campaign yesterday when he ad-
dressed a large crowd attending pic
mic at Greenleaf, Washington county.
The work of the Republican party in
the nation was freely discussed, but
no mention was made of state and 10
cal issues and the charges by William
Allen White were not discussed.
Lieutenant Governor Richard L.
Hopkins has returned to his home In
Garden City, following an active cam
oaign trip in the Seventh district,
where he is a candidate for congress.
Hopkins spoke at Kingman, Pratt and
in closing his ten days trip
ind is confident of his nomination and
he success of the progressive move
nent in the district. He will be one
If the speakers at the progressive Re-
publican meeting Monday night in
f.
Senator George H. Hodges has an
lounced that he will devote his entire
ime to the campaign for the Demo-
ratio nomination for governor and will
re busy until the August primaries.
in itinerary announced today covers
lodges speaking dates until the close
f the campaign. Following are the
ates lola, July %; Fredonia, July "a;
July Is; Parsons, July
s; Columbus, July 81; Girard, July %;
aarnett, July 80; Paola, July 81; Wyan-
otte county, August 1; Leavenworth
ounty, August 2; Atchison county.
august 3. Hodges is following Judge ;
ackson in his campaign district and
is dates for the remainder of the fight
re for practically the same territory
n which the Winfield lawyer is wag-
Lite I