The Birmingham age-herald., 1912-07-29
Arnuses Interest


 Washington, July 9.-Reports from To- peka that supporters of President Taft in Kansas among them David W. Null vane, plan 10 have the supreme court or the United States review the decision of the supreme court of Kansas in the presi- dental primary case. have aroused inter- est in tho republican political leaders of all factions
 Friends of Colonel Roosevelt, particu- larly Senator Bristow of Kansas, are watching for developments in the case and keeping a keen lookout for arrival of legal representatives of the Taft champions in Kanss d who may be coming to seek from
 justice of the supreme court an or iei directing that the case be reviewed.
 The supreme court of Kansas decided it would not enjoin county clerks from printing on the primary ballot of August 6, under the name of republican party, :" the names of men who had declared they would vote for Roosevelt
 May Go Direct to Justices
 It is believed here that instead of com ing to Washington the Kansas attorneys would go direct to justice of the court. all of whom are away from the capital.
 Any member of the court has the power to issue an order requiring the Kansas supreme court to send the case up for review and to grant a restraining order to prevent the names being printed on the ballot until the supreme court of the United States has passed on the case. Justice VanDeventer assigned to the cir cult in which Kansas is located, is spend- ing his vacation in the mountains of New Hampshire. Justice Day, now at Mack inaw, is the nearest of any of the justices to Kansas
 While the justice might feel himself em- powered to issue an order for the review. members of the court lately have hesi- tated to take that responsibility where momentous questions delicately balanced were involved Chief Justice White re- farred the appellation to the entire court when an appeal for similar relief was made in the ''beef trust case last win ter. Such action would be equivalent to a denial of the application in this case. 1t is pointed out. as the primary would be over before the court could act in Co., tober. it's next day of meeting.
 Is No Precedent
 Never has a case similar to that which has arisen in Kansas been before the supreme court. The last time the court was called to pass upon contest over presidential electors was in 1892. when . bitter controversy over the manner of selecting electors in Michigan came up for decjsicn There an order of review HuS granted, dIlu ny duSdhttii6 tuc tdso for consideration on the first day of the october term, the court disposed of the case before the November election.
 In the Michigan case the question in- volved was the validity of statute re- auirliI. inc elee ton of presidential elect o.s by congressional districts instead of by the state as unit. Chief Justice Full CT. in announcing the decision of the court. said that the question was a Ju- T a r. as it involved the validity of a statute under the federal constitution. He held that the state legislature had exclusive jurisdiction over the manner of appoint ing electors, and that these electors were TO more officers of the federal govern ment thyn members of the legislature when clecting United States senators. He added that the custom of selecting elect ors by the state as a unit did not change tine constitution so that they must be elected in that manner.