New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-04
CALIFORNIA STATUTE
BARS TAFT ELECTORS
Court Rules That Under the
Primary Act They Cannot Be
Placed on the Ballot.
IUDGE DENOUNCES THE LAW
Chief Justice Beatty Declares
It DISTINGUISHES the Voters
of the State and Is
Not Justifiable.

San Francisco, Oct. 3.-Neither by nom
nation as Republicans nor by petition as
independents can electors pledged to Pres.
ident Taft go on the November ballot in
California.
The first possibility was closed to-day
by the decision of the California Supreme
Court; the second had deliberately been
neglected. In consequence, It will be nj
possible 10 vote for Taft in California.
except by writing on the ballot the names
of electors pledged to him and selected
BY the minority convention which bolted
nj Sacramento.
Edward I. Wolf. chairman of the recent
Taft Republican State Convention. was
authority for the statement tonight that
no further attempt would be made to OBJ
tain representation on the November bal
lot
Il was declared by Taft campaign man.
ayers that to take the last recourse re-
naming 70 them-an attack on the consti-
ertionalty of the state primary law
would be playing into the hands of
Roosevelt" 1t was pointed out that de-
cision invalidating the primary law prob
ably would have the effect OF invalidating
the November election also, in which case
the Legislature could be convened in
extra session to appoint Presidential cleo
tors. As the Progressive Republican fac
ton is largely in the majority In the
LEGISLATURE, Il was assumed that 1t would
select electors pledged to Roosevelt.
In a decision excoriating the state
primary law as like none other in the
United States, Chief Justice Beatty
speaking the unanimous mind Of his
associates, declared to-day that, never
theless, under the law such as 1t Is, the
duty Of the court was TO declare the con-
vention at Sacramento, which by vote
of So 10 13 nominated electors pledged to
Roosevelt and Johnson, was the only
called and legally constituted Republican
convention of this state. and that its
nominees were the nominees in California
of the Republican party.
The issue was presented in an applica-
don by attorneys for the Taft Republican
organization, seeking to have made per-
manent an alternative writ obtained some
DAYS ago. directing Frank c. Jordan, Sec
rotary OF State. to designate on the ballot
as Republicans the Presidential electors
named by the Taft supporters.
Attorney General Webb. for the secre-
tary Of State, filed general denial OF the
allegations and a demurrer to the petit
ton. He argued that the Republican
party In California was not affiliated with
the national party, and was In no way
bound by the decisions Of the Chicago
convention; that the petition of the TAFT
men was supported by insufficient evil
dence, and that the court lacked juris-
dietion.
In giving his decision Chief Justice
Beatty declared the state had "a very
bad primary law" adding:
II DISTINGUISHES absolutely the voters
of this state and deprives them OF the
free exercise OF their functions as IN
dependent voters. AS to the provision
state Senators may be qualified and are
qualified TO sit as delegates 10 help choose
Presidential electors, l see that one.
third of the voters are positively Without
In this easel believe am correct In
the Hgures-the voters of fourteen Demo-
cratic districts were disfranchised. mi.
It IS not tustiflable. but It IS law, rms
COuTL, however, Is ~ 10y
ss long as II is conceded by both SIDES
that the law has been correctly inter.
preted here there 10 nothing 10 40 but
sustain the demurrer OF the Attorney
General and deny the plea OF the Pc
titioners.
II know Of no other state in the Union
that has q primary law such as the one
in force In this state" remarked MI
Rose. Of the Taft attorneys
Smiling broadly Chief Justos Beatty
said: There is no other such law, Mr..
Ross, and It viii probably be a long time
before another ons Ike II Is enacted"
while the arguments were IN progress
Chief Justice Beatty expressed bis opin-
ION Of the Progressive party, saying
1T has declared itself to be a new
party on ono Of the most fundapental
principles Of government II would con.
vert this country into q pure democracy
instead Of O republican form OF govern
ment. That is what II proposes 70 dc"
Tbs date for Hing nominating petit
t,ons has expired, but were II otherwise
that outlet would stiil be closed to the
TAFT electors, for the minority convention
which nominated them decided not to cir
csfiste petitions, but to rely on their men,
bership In the national Republican party,
whose nominees they wers supporting.