The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-09-19
RObt. POstIethwaite, t. r.. EIec-
tor, Wanted to Fight.
He Favored Bringing Suit to
Remove Taft'S Name.
7. R. LEADERS SAID NO
POStIethwaite Then Filed Pro-
test With Sessions.
The Secretary Answered and
Stated His Position.

! After the Roosevelt leaders had
pulled him off the track and discour-
aged his plans to bring a suit to keep
Taft's name off the Republican ticket,
Robert Postlethwaite filed a formal
! protest last night with Secretary OF
| State Sessions Then sessions nieue
reply and certified to the county clerks
! the names of the state candidates
with the exception of the eight Roose-
| welt electors whose names were helo
| back in obeyance OF restraining oA-
der.
Postlethwaite came to Topeka two
| days ago. He was full of hght ana
wanted to bring suit to keep IaIt
name from the head of the ticket. rl
| generation the PoStletwaites nav
voted and worked and fought IN the
! Republican cause. So the younger
member of the household did not want
to bring discredit on the family tree
| by making the race under false colors.
Neither did he want 10 move " eio
Independent column. -.
All night Tuesday and until noon
Wednesday, PoStlethwalte was deteI
mined to file his action. Then w hlte
and DolIey, with the aid of the Roose-
welt lawyers, discouraged the pan.
The little conference was held at noon
at the Throop hotel-the DeInocra az ~
hea an hour after the
session began, Postlethwaite was sloe
tracked so far as a lawsuit was con-
cerned- ,eo-,.,a
White then gave out Lne lulOAAAa
tion that the Roosevelt electors Will
with draw to the Independent column.
To this plan Postle .hwaite demurreu.
he insisted he would stay on the Re-
nrbIican ticket, will vote for Roose-
1,eIt-and will wash his hands of any
resnonsibility because Tafts name IS
rIaced on the ticket. The olner
Roosevelt electors. however, are IA IA
will probably be induced to evacuate
the RepubIican column. petitions are
now being circulated to place tne
Roosevelt electors III the Independent
column. - u4 e. eas
sions. claimed that the question of plac-
inc Taft's name on the ticket was as
cretionary with the secretary OF state
of the Republican national convention,
11non which you rely, is unprecedented
and was not filed until long after my
self and other electors in Kansas an
nounced our purpose to vote against
Mr. Taft. Those who filed it did so
with the express purpose of hindering
and misleading the Republican voters
AT the polls and these men, not US,
will be hello responsible for any fraud
or instrumentation which may re
suit" declared Postlethwaite in his
protest.
Sessions Position.
Secretary of State Sessions denies any
discretionary power in the matter or
placing Taft's name at the head OF the
ticket and last night certified out the
names of all andidates-including two !
Taft electors and names of Taft and |
esheruan-but left vacant the place oc- |
cupied by the eight Roosevelt electors.
This was in accordance with an order
from the court in the Kansas electoral
case. Sessions quoted the Watson case
in replying to Postlethwaite and in
conclusion ste ted;
Mot OTTV-f decision stands
law of Kansas. I pointed out at the |
party council what was my plain duty
under that decision. At that time one
or two lawyers took iss,le with me and
in order to form a basis for test case
the party council adopted a resolution |
directing me to keep the names of Taft |
and Sherman off the Republican ticket. |
When that resolution was under con- |
sideration I stated that I would well |
come a suit against me to test the |
ouestion anew 1 could have certified |
out the names of Taft and Sherman |!
for several weeks past, but delayed |
action for the sole purpose of giving |
anybody in Kansas an opportunity to |
bring such test case. That the learned /
lawyers, who first took issue with me, /
have finally adopted my view of the |
law is evidenced by the fact that they |
have finally, one and all, advised |
against bringing the suit.
LAS a member of the contest board l
the other day I decided that Mr. Pos /
tlethwaite's name should go on the Re |
publican ticket as a presidential cleo |
tor because he was nominated. as was /
my duty; and that same duty compels /
me to certify the names of Taft and 1
Sherman. If this appears to bring |
about a political inconsistency on the /
Republican ticket. I am comforted by |
the supreme court which has said that |
I am not the censor of political parties /
nor the guardian of public morals"
Postlethwait returned to his home in l
Jewell CITY shortly after the conference /
with White and Dolley and the Roose- |
Velt lawyers His final decision was to 4
the effect that personally, he would not /
leave the Republican column unless the |
courts ordered him to vacate