The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-18
IS SET FOR TRIAL
Injunction Case Against T. r.
Electors Set for Monday.
Judge Branine viii Pass on
Permanency of Injunction.
BE HELD AT HUTCHINSON
An Appeal to Supreme Court
Sure in Any Case.
Remarkable Allegations of Pc
titiOn Filed by Taft Men.

Remarkable Allegations of Pc
titiOn Filed by Taft Men.
In their action to enjoin the placing
of the eight avowed Roosevelt electoral
candidates or the primary ballots the
Taft forces build their suit on the al
legatio and showings of fraud in the
circulation of nomination papers. With
the affidavits of Misrepresentation in
their petition, the Taft men further al
lege that the nomination papers are in
validated in several counties and that
1t viii be impossible for the electoral
candidates to find a place on the ball
lots under the 20 county plan under
which the petitions were circulated
tlnaI hearing of this case is set foI
next Monday before Judge c. f. Bran
Inc in Hutchinson. Under either IA
Vorable or adverse decision the case
will go to the supreme court, but the
supreme court held no original juris-
d1ction in suits for injunction and the
hling of the case in the district court
was the only course.
When the suit was filed late yester-
day afternoon before Judge Branine
IN Newton, eight of the ten original
electoral candidates were sought to he
enJoined and the los county clerks Of
LNe1A1SdS were I1du6 party Q6I6nuanIS
to the action. The electoral candidates
whose right to place on the primary
ballot is questioned are: Robert Arm
strong, Belleville; Dorsey Green, Kan
sas City; L. A Millspaugh, Winfield;
J. A. Lister, Wamego; John Stewart,
Concordia; Robert G. Postlethwaite,
Jewell City; Z. S. Rule, Sharon, and
Samuel A. Davis of Newton, in whose
county the case was filed. In the pc
tition, DaviS's letter declaring his IA
Voritism for Roosevelt as against Pres
ident Taft, the nominee of the Repuo-
lican national convention in Chicago,
is quoted in full as evidence of de-
ceit of the voters who believed the
wording of his petition.
The peculiar wording of these nom
ination papers as affecting candidates
for places in the electoral college, is
another thing that may cause trouble
in the case. These petitions are word
ed in strict accordance with the Kan
sas statutes. Here is petition as cir
eulated by the eight electoral de-
PENDANTS.
Electors declaration.
.'I. the undersigned, qualified elector
of the -- precinct of the township Of
Kansas and a member of the Republican
party, hereby nominate VINO
resides in the OF tne tsd s+o+e of
Kansas, as a candidate for the office OF
presidential elector to be voted Tor az
the primary to be held on the 6th day OF
August 1912 as representing the prin-
cinies Of said party; and 1 further declare
that I intend to support the candldate
herein named, and that 1 have not sign
ed and will not sign any petition or nom
ination papers for any other person LOT u
said office at the next ensuing electloh.
Now it is charged, the eight deteno-
.,,+s have repudiated this promise by
declarations that they will not support
the Republican nominee, that they are
not in sympathy with the national
Dartv platform and that the action OF
legal binding on them. That is the
charge of fraud. 1t is said to be backed |
Inv numerous affidavits from voters III
+ he 20 counties where the petitions We're
circulated; and these afhdavlts VIII pe
presented in the hearing of the case |
6, numerous are these afidaV1tS that IL
is freely claimed by the Taft workers
- touch with the case, that petitions in
several counties are positively Nolo
,,,5er the law In one county, the |
nomination petitions bore the names OF
"a Republicans. Since the declarations |
of the electoral candidates. the sigma |
lures are said to have been ISpuolateu
nv nine of the signers, leaving the, petit !
fions far below the percentage of
names required by law. Other similar |
instances are claimed, but the names OF |
the counties contested and the entire |
list of repudiating affidavits may not
he made public until the hearing be- |
fore Judge Branine.
cation for an injunction was brought |
in the name of Is plaintiHs. residents
of Decatur and Jewell counties; COPIES
of the petition were made public mere
today and the details of the case are
f1Ilv set forth in the application to |
restrain the placing of the eight names
NJ, +he urinary ballots. The original
netition was prepared only in the
name of the Decatur county COM |
nlainants and the Jewell county names
were added a few minutes before the |
netition was filed in court.
This is the petition in part:
plaintiffs Are From Decatur County.
..rThe plaintiffs say that they are
rasidents of Decatur county, Kansas
and bring this action in behalf of them
selves and all other Republican electors
of the state of Kansas; that during all
of said time and for a long time pre-
1,ioI1s thereto, the plaintiffs and each of
them have been and now are. qualified
electors and members of a certain po-
liticaI party known as the Republican
Dartv and have affiliated Herewith and
embraced and carried out the princi-
n1es of said party; that heretofore on
or about the 23d day of May, 1912, the
defendants. Samuel A. Davis, Robert
NJ. Armstrong. Dorsey Green. L. A
NIiI1spaugh, ]. A Lister, John Stewart,
I3ohert C. Postlethwaite and E. S. Rule
oa1sed to be circulated in the county
of Decatur and in other counties in the
state of Kansas, certain form of Pc
+ition which said defendants and each
of them sought to procure members of
caid RepubIican party to subscribe and
tt1aTaIv procure the said defendants
Hereinafter called pretended Repuo-
ficans) to be nominated under the laws
nf the state of kansas as Republican
residential electors to be voted for at
tte ensuing primary election of candi-
5a+as for the Republican nomination of
TTesidential electors to be held in the
fcontinued on Page Two-l