The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-09-17
T.R.ELECTORS WIN
Contest Board Permits Them to
Remain on Ticket.
But Awaits Decision of ST.
preme Court.
DODGES The FRAUD CHARGE
Reseres Opinion Until Higher
Tribunal Speaks.
Statement Giving Full Details
of Meeting.

In a decision late yesterday evening
the state contest board permits the
Roosevelt electors to remain on the
Republican ticket for the present at
least, awaits the decision of. The Uni
ed States supreme court on Important
legal questions; and urges that the po-
sition of the Bull Moose candidates on
the Republican ticket is held ''only by
the -blooded letter of the Jaw" AS
the question of whether a fraud was
perpetrated in the circulation of nom
mating petitions for the Roosevelt
electors, the contest board reserves It's
opinion until the question is settled by
a higher tribunal.
The board overruled the issue of
the Taft forces, wherein they claimed
fraud in the nomination Of the cleo
tors. On this contention, the board
states that the showing was not sufh-
cient to warrant setting aside the
heavy majOritieS of the Roosevelt can
didates. AS to the question of Jurls-
diction by the board. that issue was
scarce considered. The objection was
raised by attorneys for the Roosevelt
candidates who urged that the board
could not pass on the case. Their po-
sition was overruled.
Had the Roosevelt electors attended
the hearing the board urges, and had
they heard the arguments and admis-
sions of their own attorneys they
would have been constrained as
moral issue to withdraw from the Re
publican ticket. But then-there is
that legal difficulty-and toe contest
hoard drops the burden i the same
spot it has been placed by the courts
In their opinion, the board said
Contest Boards Opinion.
The gist of these contests is con
VI seventh and eighth
objections. The seventh objection reads
as follows:
.'That said contestee was not nomi-
mated by qualified members and voters
of the Republican party.
The proof on this charge was merely
opinion affidavits, and perhaps wholly
but in any event 1t was
far short of showing that illegal votes
were cast in sufficient numbers to over
come the approximate $4,000 majority
of the contestees-
The sixth and eighth objections are
as follows:
s.That said contestee obtained noml-
nation papers and secured his name TO
be printed on the Republican party
primary ticket by false representations
and fraud.
eThat said nomination papers and
are fraudulent and void.
These two propositions are now
so1arely before the supreme court OF
the United States, and following the
established custom of inferior courts
and kindred tribunals, the board WIN
holds Judgment for the present on those
noints. The board will retain its ]urls-
dic+ion and postpone it's decision on
those two propositions. If the supreme
court rules the so-called RooseNele
electors off because of fraud in ontaln
ing nominating petitions the ooaro wiz
enter Judgment in favor of the CON
t1+,,+s otberNise it will be given FOR
the conteSteeS.
The hoard takes this attitude not
onlv in Difference to the supreme court
of the United States, but because II
realizes that a final decision now, 10
1oy5,ad nv a decision of that court au-
use +o the Roosevelt electoral candl-
dates might leave eight vacancies Oh
the Republican electoral ticket at the
general election in November
Strong arguments We're o,,TId mace nat they
would not support their party holilllr eS l.,%
for president and vice president 80 erTas ezes
an authority as Mr.. JuSIlCe 0'OAS
quoted against them; ,. z,dc
sAn exercise of an Independent JuoS
ment Cby an elector) would be tTeated az
DoIiticaI usurpation, dishonoraDte 10 tne
fndividual and fraud upon his consul
tuents. .''-Story's Constitution, Vol. 2 Sec.
1853.
Quotes w. A. White.
Even William Allen Whlte' Ine H4eeu it4ecI
n
man for the new party, made the follow
!7There is no clear right and wrong IN
this matter There is some right on potn
sides, and some wrong on both sloeS. D. D.
If seems to me that to move the electors
ont of the column where the primary
pIaced them involves exactly the saine
amount of moral turpitude, as to let them
stay. It is a case in which one has TO
make A decision and stand by it, know
ing perfectly well that the other decision
would have been equally criticized, and
with much justice.
But this board, regretting the unfortu-
nate situation as it does, cannot do a
legal wrong to correct a moral wrong As
said by our own supreme court, this is =
kind of fraud not cognizable by a court
of law or equity. The remedy Is by po-
liticaI methods" Even although the COR
testees were nominated by such large
it is unfortunate that they have
only figured nominally in these proceed
ings If they could have been present
and heard the arguments as
well as the admissions of their attorneys,
thev might be constrained on moral
grounds to vacate position which seems
to us is clearly theirs only by the colo
blooded letter of the law.