Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-08-02

New York Aug. 1.-The action OF TIE
Kansas state courts in refusing To or
der the names of eight Roosevelt can
diEates for Presidential electors strlck-
EN- fram the primary ballot was partial
" reversed, tonight. by Justices van
Degantef and Pitney of the United
states snprCfne court While these JUS
tees granted the application of tue
a,aft emn for a writ of error directed
10 the Kansas courts their decision
does not constitute a final victory for
the Regular Republican organization
finder it's terms the question of the
right of the Roosevelt candidates TO
Mace on the primary ticket will be de-
cided nv the full bench of the supreme
court at it's next regular session IN &c
tober Meanwhile the Roosevelt men
viii have their names on the ballots al
the Kansas primaries. next Tuesday.
qhe effect of today's decision is to
leave the whole Kansas controversy
suspended until October.
Tho proceedings before Justices Van
peyanter and Pitney assumed nation
al inheritance in view of the broad
a5aesticn involved This went OUTSIDE
the state political issues at stake ana
t6olS M the matter of federal and state
rights. Speaking broadly, this question
WIS whether the choice of Presidential
electors was purely a state matter or
whether il could be supervised by the
federal courts; IN other words, wheth-
or electors were state officers or feder-
al officers
,rhe original action was brought by
II. 4. Marks and l. other Kansas clu-
zens to prevent the names OF eight
candidates for Presidential electors
who had said that if elected they
would vote in the Electoral ColleVe
for Theodore Roosevelt from pelns
printed on the Republican primary
ballot. Marks and his associates de-
cIared they signed the petition Tor the
designation of these eight candidates
under the impression that If chosen
they would stand by the decision OF the
Republican National convention. WneE
the eight publicly declared themselves
for col. Roosevelt the Republican or
panization set about having them de-
barred from places ON the Republican
primary ticket ON the ground they haa
obtained their places by fraud ana
Misrepresentation.
The Kansas courts decided they haa
no jurisdiction in this case since the
dispute was purely political, and mace
no attempt to pass ON the merits ar
the allegations Of fraud Neither We're
these charges considered by the two
supreme court justices in their de-
cision. today In making their appil-
cation for a writ of error, the TAFT
men declared the federal court had
jurisdiction to prevent the state of
Kansas from depriving any of its citi-
zens of the free right to express their
choice at the polls. They contended
that in case the eight Roosevelt can
didates were chosen the Taft men who
had signed their petition lost their
right to vote for their choice for Pres
ident.
While this contention formed the
basis of the argument. the success of
| tie eight Roosevelt candidates at the
primaries would put the regular Re-
publicans. they say in an embarrass-
| ing situation and endanger the chances
OF their candidates for state officers
| by dividing the Republican votes be
tween the columns headed respectively
| by the Roosevelt and Taft elecotrs.
| n deciding not to interfere with the
state primaries. Justices Van Deven-
| ter and Pitney declared the only way
tct to injure either party was to let
| the primaries proceed with the Roose-
welt candidates on the ticket ami
await the action of the full court II
| is understood the court Will decide the
case before the general election in No
4 vember and in time to keep the
| Roosevelt electors off the ballots IN
| case the latter are defeated in the liti-
1 CATION The only possibility that the
court will not have to decide the case
| is that none of the eight Roosevelt
candidates will be successful at the
primaries. Aug. 8. In all there are 20
candidates for electors and 10 will be
| chosen. Twelve are declared Taft
men, In their memorandum accom-
panying their decision. tonight. JUS
tees Van Deventer and Pitney said
4 whether the rights asserted have
real basis in this constitution and
laws of the United States is the crit.
erion by which we must determine
whether. the writ of error shall be
allowed Under the settled practice
if the justices TO whom the applica.
} ton is made believe that the exist
ence Oh no existence Of the rights as
l serted is inyolyedt in serious doubt, the