Omaha daily bee., 1912-08-02
FINAL DECISION IN
| PRIMARY CASE LEFT
TO SUPREME COURT
Two Justices Allow Roosevelt Elec-
tors in Kansas to Stand on
Ticket.
QUESTION PUT UP TO FULL BENCH
vandevanter and Htney Sit In Hear.
ing In New York.
WRIT OF ERROR Is ALLOWED
Plaintiffs In Action Are Taft Leaders
In Kansas
IMPORTANT ISSUE INVOLVED
TAFT Men Csntsnd That Mon Named
at state Primary Must vots for
the Noninsss Of National
CoRventioH,
QUESTION PUT UP TO FULL BENCH
vandevanter and Htney Sit In Hear.
ing In New York.
WRIT OF ERROR IS ALLOWED
Plaintiffs In Action Are Taft LeadeTs
In Kansas
IMPORTANT ISSUE INVOLVED

NEW YORK, Aug, f.-ijustiess Vaade,
van,eF and Pitney Of the supreme court
of tho United States tonight granted a.
writ of error In the Kansas primary else-
ten case, which permits the H6aseveiA
candidates for presidential eieethrs tol
stand on tho primary tickst and leaves
the final settlement Of the validity efI
their nomination to the full bench of tha
supreme court at its next regular session
The plaintiffs we're ths Kansas Tafsl
leaders and the action, which teak thu
form of application for g. writ of errer,
was defended by several attorneys repre-l
eentins the Roosevelt party, including l., !
wv, Kepiinser and Representative II, s,
jackson Of Topeka Representative oin,-I
stead Of Pennsylvania appeared for thu
applicants,
nrond aaestisa at Issue.
The question at issue. is bread enc.
| Tire TAFT leaders declare that the eight
eieetars they are trying to keep eff the
ticket were designated with the UNDER
standing that they would abide by the !
decision of the republican national eaH-
vehtian and that II the stats primary
eieetsd them the result weuid be contrary
| to the fourteenth amendment of the fed /
sfaI constitution whiah forbids any stats
10 interfere with the freedom and pFivi=
,ssss OF eitissns Of tha United States, I
The Roosevelt people contend that ths
voters 1T Kansas should have the right
at referendum on the desisisa Of ths
national convention The Kansas law
10 tho enty ens which weuld permit such
u referendum,
The supreme court of Kansas, Ia Thiah
the question was first submitted, held
that, regardless OF tho truth Of the
charges of fraud and misrepresentation
made against tha eight Roosevelt elect
era, II had no power To grant ths sa'
lief the Taft people asked fer,
Tha application for writ OF srfef was
made by tha Taft attorneys to Supreme
Court Justice Mahiea pitney, Justice PITT
ney baiiavsd that tho importanas of the
dispute made Il desirable that ethaF MEM
bars Of the oour, should sit with him, and
therefore Justice Willis VandsvaHdeF sat
with Justice PltnAy al the hearing today,
| Jaeissor auatss ttasastttHtiaH.
| Mr., Jackson pointed cut that the
federal constitution provided that hfesi-'
dentiai electors shall bs ehessa In sueii
maansr as tho stats legislators pre-.
| safibed,
"fhat," hs continued, makes this
qusstisn Of choosing electors purely enc
af state law"
The fourteenth amendment. he added
whieh WAS ihtandad originally to confer
citizenship ueaa the negro, referred to
eivii and personal rights and was net
meant primarily to sevorR political
Fiahta,
The eaarts, continued Mr., Jackson, had
| held that an sisatoF could not be auss-
tened upon how hs intended to vets,
and that no charge Of fraud could bs
based uRen such alleged Intentions.
In tlIs!r Appearance today, however,
the attorneys agreed that tha marits OF
tha question at fraud were not involved,
The emily point ut issua was whsthsF the
facts presented question upon which
the federal courts could rule. This In
Yelved q long discussion of the four
teenth amendment