The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-19

| preme court is asked to enjoin them
from further action.
Next comes the admission of fear
| that Stubs, Capper ct al may them
| selves not find place on the primary
| ballot 1t is claimed on good author
| ity by the men behind the mandamus
| suit. that the Taft lawyers are
| planning the bringing OF additional
suits which will cause delay and con-
| fusion among the clerks Against
such probable action, the supreme
| court is asked to issue an injunction.
1t is claimed that multiplicity of suits
are now being contemplated and
planned and that an injunction is the
only possible relief.
1t is denied by the progressives at
torneys that Judge Branine was vest
ed with any authority that warranted
his issuance Of a restraining order in
Newton last Wednesday. The courts
attention is called to the fact that an
less hasty procedure is taken, Judge
Branine will proceed with the hearing
of the injunction suit and that this
case may result in still further delay.
Ask for Pre-empLory Writ.
In conclusion the supreme court is
mandamus, commanding each county
clerk to print the Republican ballots
and distribute them to the voting pre-
cincts and to perform such other acts
Judge Branine and the attorneys in
the injunction suit shall be blocked
from further proceedings.
When the application for writ
was sent to the supreme court, there
was haste to find the members of -he
supreme bench. Several of the MEM
bers are out of town and have started
on their vacation. At noon, 1t was pc.
lieved that all of the members would
be present to sit in the hearing tomor-
row morning
Among the attorneys who are urging
the suit to enjoin the Roosevelt cleo
Tl1 on
lot it is argued that. the mandamuS
proceedings and application for an IN.
junction will not lie. 1t is claim 90
that the supreme court holds no orlSl-
nal jurisdiction in injunction cases ana
will urge that there is no action peIore
the supreme court
In q statement made today. an at
torney for the petitioners IN the IT.
the issues as they are presented IN the
case before the supreme court.
'FThe suit brought by the Roose-
Welt electors in the supreme court is
another attempt to secure the original
jurisdiction of that court in 1nJunc-
fions. 1t is quite remarkable in the
respect that it asks the supreme court
to enjoin the regular judge or con
stitutional court of general Jurlsolc-
ton from proceeding in matter pc
fore that Judge has heard it at all.
Question of Jurisdiction.
"That the supreme court of Kansas
has no original jurisdiction in injunc-
ton has been decided so often tnat
the question is no longer open. the
usual and orderly course, in cases
where a trial courts jurisdiction Is
questioned, is to present the jurisdlc-
ton question to the trial judge in the
first instance, and if his decision on
that question is deemed erroneous, tic
proposed by appeal.
1T is believed that no case has
ever been presented to the supreme
court in this state in which writ !
If injunction has been asked to re |
strain a trial judge from proceeding |
with the trial of a suit brought in |
mis- court where the jurisdiction of |
the trial court has not first been de- |
by that court.
Attorneys named in the application for |
John S. Dawson, Congressman Fred S. |
Jackson, Judge Frank L. Martin, Howard |
LEWIS. c. w. Trickett and W. L. Higgins.
All of these men, with the exception OF
Dawson. attended all day conference
in the office of Governor
Stubbs.
When notice of the filing of the pro-
,eedings in the supreme court, reached |
for the petitioners in the In
junction case, they Immediately called a
conference for tonight in the office of D.
". Mulvane. retiring national committee
nan. Chester /. Long, Fred Dumont
were notified of the action |
md will come to Topeka tonight to at
end the conference and be present for
he hearing tomorrow morning.