The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1912-08-01
UP TO COURT
FOR DECISION
Kansas Political Case Ia Carried
Across the Country and into
New York Court
room.
ENJoINING EIGHT MEN
Electors on Regular Republican Tick
ct Who Say They VIII Vote for
Roosevelt and Not
TAFT

UNITED Press Leased Wire Service.l
NOW YORK, Aug. l.-Robed In
their black gowns of office, Mahlon
Pitney and Willis Vanderyanter, Jus.
tices of the United States supreme
court, sat in the court room in the
federal building here today to pass on
one of the most important political
questions ever raised.
The question involved was the ie-
gality of the future action of presl.
Dental electors In most of the direct
primary states Of the United States.
The extraordinary proceeding resulted
directly from the action of the SUI
preme court of Kansas declaring that
the names of eight presidential elect
ors in that state should be placed on
the official primary ballot in the re-
publican column. although these
men have openly stated that II they
are elected they will not vote for Taft
and Sherman but will vote for Colonel
Roosevelt and his running mate when
the electoral college assemblies.
1t had been expected that Chief
Justice White would sit In the case
but he failed to appear The Taft
forces were represented in the pro-
ceedings by Congressman NJ E. olni-
stead of Harrisburg, Pa. and Richard
R. Hite. of Topeka, Kansas, while
the Roosevelt men had their side Of
the case presented by Il. w. Keppling-
er of Kansas City and +. S. Jackson,
of Topeka, Kansas When the two jus
tices settled back into their easy
chairs, Justice pitneH said that they
We're to decide petition for writ of
error on question with which he
was not very familiar
Just explain this case to us now,
Mr.. Olmstead," he said.
Olmstead started to read from d
bulky printed brief The two JUS
tices listened a few seconds plainly
impatient and then Pitney again
broke in.
"Oh, no! not that, Just tell us the
merits of this contention in plain Eng
lish. We want to get right at the
heart of it.
Olmstead then stated that the ac-
ton arose on petition brought by
twelve voters of Decatur and Jewell
counties, Kansas, In the Harvey coun-
ty court. They sued for an injunction
prohibiting the placing on the primary
ballot as republicans of Samuel A.
Nd ntln No.
ly stated that they would never vote
for Taft and Sherman Olmstead re-
cited the proceedings of the republi-
can national convention at Chicago
which he stated was regular in every
way and which nominated Taft and
Sherman for president and vice presi-
dent.
There is now a new party being
formed he said, "and 1t is generally
accepted that Theodore Roosevelt
will be the candidate OF that party.
These eight defendants openly assert
that they will support Roosevelt. As
proof let me read this extract from a
letter written by Davis to z. A. STAN
ley of Topeka:
I" And any man to support Taft
feeling as / do, would have to be
rebel to his own conscience. If you
want Taft vote for the other fellow.
will vote for Roosevelt because II
am elected 1 will have been elected by
men who believe that Theodors
Roosevelt should be president
Now these men went to Chicago
and participated in the republican con-
vention for time but they did not
vote for the platform adopted or the
candidates nominated by that conyen-
ton"
Here Justice yandevanter broke IN
with question:
You don't mean to say that thess
men changed their minds after tha
Chicago convention. but that they
went into that convention with their
minds made up to bolt the ticket nom
mated there, do you?"
"Yes, that is what l mean replied
Olmstead. When they publicly stat
ed their attitude the petitioners in
this action Appealed to the Harvey
county court to en5oin the placing OF
their names on the primary ballot.
Before the court had decided that
matter the case was directed to the
supreme court of the state. That
body held that the petition did not
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