The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-29

United States supreme court in cham
bers in Morristown, n. ]. The filing of
the stipulation followed within "a
hours of the decision of the supreme
court, which Saturday night set aside
the restraining order of Judge c. r.
| Branine and ordered the Roosevelt
| candidates placed on the ballots. Now
a new question concerning the validity
of the primaries is to be confronted.
As soon as the supreme court killed
the Branine injunction, the Kansas
regulars presented their case to JUS
tIce Pitney at his home in New Jer-
Sey. While Attorney General Dawson
was notifying the 105 county clerks
that they could print the Republican
primary ballots. Justice Pitney was is
suing an order for a hearing of the writ
of error Monday morning. Not until
Sunday morning did the Roosevelt at
torneys learn of the action before JUS
conferences. telephone communications
and offers of compromise. Governor
Stubbs himself took a hand in the con-
troversy and was in telegraphic COM
munication with Justice Pitney. Late
last right the stipulation was filed and
the New Jersey judge was wired that
the case would be presented Thursday
morT ing.
That there is a new legal complfca-
ton to be met in the present situation,
was admitted today by Fred S. Jackson,
leading counsel for the Roosevelt forces.
This trouble lies in the Interpretation
ton of ballots. Under the Kansas law
the primary and general election bal
lots must be in the hands of the coun-
ty clerk within five days preceding
the election and must be in the hands CT
the election judges II hours before the
opening of the polls. If the courts ad-
here to a strict Interpretation Of this
law. it will be a physical impossibility
to deliver these ballots to the county
clerks in the time prescribed by law.
as wednesday would be the fifth day
before the election-excepting Sunday.
however. Attorney Jackson holds that
the law is not so strict in the matter
and that the clerk may take charge
of the ballots while they are still in
the hands of the printer and in course
of preparation
Serious Complications.
cbou1d the courts decide that the law
meant the printed ballots themselves
sbo11ld he in the county clerks hands
e. davs before the election, the pri-
noaries in Kansas this year may be IN
validated so far as any Repuohcah
nominee is concerned. If, for example,
the Taft forces should be defeated IN
the primaries. they would take their
troubles to the contest board on the
earoe issues which have been presented
before Judge Branine and the Kansas
supreme court. Should they be denleo
redress nv the contest board, they
I,oiabt then nounce on the legality OF
the election itself and proceed to an
mi the nominations of any or all can
dfdates on the Republican ticket. rms
would include a fight against Stubbs'
against Capper and against every pro-
r-ressive on the ticket On the other
hand. the progressives would doubtless
take advantage of the situation ana
contest the nomination of every regu-
lar who had opposition in the primar
les. Attorneys who are watching the
case believe this is a more serious com
plication than has been presented IN
the Injunction suits and express fear
the validity of the primaries
under the stipulation now in existence.
Hite Is Not Worrying.
This matter is something which We
are not worrying about" said Attorney
d r. Hite of the Taft forces. as he
discussed the new election complication
today. I'VE are just standing on the
stipulation and will let the other fell
lows worry as to whether or not the
election will be legal, even in case Jus
tics Pitney denies our supersedeas.
Yes. there is question as to the
legality Of the election all right. but B
guess no one saw it at the time. Uns
der the laws the ballots must be in the
hands OF the county clerks at least flvo