The Bridgeport evening farmer., 1912-08-01

United States Supreme Court, sat in the courtroom in the federal building here. today, to pass on one of the most important political questions ever rais- ed in the history of the nation. In Volved was the legality of the future action of Presidential electors in most direct primaries States of the United States. The extraordinary proceeding resulted directly from the action of the Supreme Court of Kansas, declar- ing that the names of eight President ial electors tn that State should be placed on the official primaries ballot in the Republican column, although these men have openly stated that if 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 as- senbles.
 It was expected Chief Justice White would sit in the case, but he failed to appear.
 The Taft forces were represented by Representative M. D.. Olmstead, of Harrisburg, Pa, and Richard Hale, of Topeka. ii. ; q ~
 When the two justices settled back into the big easy chairs, Justice Pit ney said that they were there to de- eide. a petition for a writ of error on a. question with which he was not very familiar.
 arose on a petition brought by F VOt- CTS of Decatur and Jewell counties, Kansas, in the Harvey county court. They sued for an injunction prohibit ing the placing on the primary ballot as Republicans of Samuel A. Davis and seven others who had openly stated that they would never vote for Taft and Sherman.
 Olmstead recited the proceedings of the Republican national convention at Chicago, which he stated was regular in every way and which named Taft and Sherman as the candidates for President and Vice President.
 There is now 3. new party being formed he said. and it is generally accepted that Theodore Roosevelt will be the Presidential candidate of that party. These eight defendants openly assert that they will support Roosevelt. As proof let me read this extract from g. letter written by Davis to F. A. Stanley, of Topeka:
 "'And any man to support Taft Efeeling as I do would have to be a rebel against his own Conscience. If you want Taft vote for the other fel- low. s will vote for Roose- welt beeause if [ am elected will have been eleoTedahs men who believe 
 President
 Now these men went to. Chicago and participated in the Republican convention for a time but they did not vote for the platform adopted or the candidates nominated by that con Vention."
 Here Justice ,Vandevanter broke in with a. question:: ''You don't mean to say that these men changed their minds after the Chicago convention, but that they went into that conven- tion with their minds made up to bolt the ticket nominated there, do your
 ''Yes, that is what I mean," replied Olmstead. "When they publicly stated their attitude the petitioners in this action appealed to the Harvey county court to enjoin the placing of their names on the primary ballot. Before the court had, decided the matter, the case was dericked into the Supreme court of the State That body. held the petition didn't furnish a real cause of action which should be passed on by a court, as the issue that was in volved was of an absolute political nature This we contend not to be true. After the Supreme court made this ruling the Harvey county court dismissed the application. The case was appealed to the Supreme court and that body upheld the lower courts s dismissal. Now under the Kansas law, in order for persons to become candidates at the primaries they must have papers signed by at least one per cent. of the voters"
 F. $. Jackson, of Topeka, for the Roosevelt forces, caused a sensation by a remarkable opening, saying:
 "Your Honors, the case involves more dynamite than any case that mas come before the supreme court since the days of Socalled reconstruction. It rib I1f nf govern themselves without the interference ot the federal Judiciary. The matters in- volyed tn this action are those that have plunged states into war
 'Oh, well, Mir Jackson broke in Justice Pitney tfI don't think we are going to have any war. Please state the facts of your defense"
 Jackson smiled and then declared that the allegation that fraud had been practiced by the Roosevelt elec- tors in persuading Taft men to sign their petitions was almost too foolish to answer.
 "Why. everybody in Kansas" he continued. "knew exactly where these electors stood. They knew that they were Roosevelt men. When the pet1- tions were circulated everyone knew that these men would never be Tor Taft Anyhow, the Kansas law pro yides that where fraud in connection with primary petitions is alleged these allegations muIt be made within three days. And the petitioners in this case failed to do so.'
 But can you say that the petitioners knew within the time that you men ton. three days, that the men were not going to support the nominee in question: broke in Justice Vande- vanter. 'Why, Your Honor" replied Jackson, "the petitioners knew all the time that the men were Roosevelt men, This was just an ordinary bus mess transaction in everyday life. The candidates circulated their petitions and it was signed by their neighbors. The petitions named these men as Republican candidates for electors"
 ':But were there not promises made and broken?" broke in Justice Pitney. Ut seemed to me that there must have been promises"
 ''Oh, yes, there were political prom ises," interjected Jackson, "but that was, all.'
 Do you mean to say that political promises are made to be broken and not to be fulfilled?'' asked Justice Pit ney.
 ''Not especially. What I contend is that the Kansas supreme court was right in it's declaration that the ques ion of promises such as are mentioned and in fact the entire question in volved here was absolutely of a politi-