The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-08-02
WRIT Of ERROR
IS GRANTED TO
THE TAFT MEN
Justices Vandevanter and Pit
ney Leave Final Settlement
of Kansas Case to Full
Bench of Court.

n TEW YORK. Aug. 1.-The action
nj of the Kansas state courts III
" refusing to order the names oi
eight Roosevelt candidates 1or
nre es;dantial electors stricken from tine
Republican primary ballot was parity
reversed tonight by Justices vance
vanter and Pitney of the ohi'eo
States supreme court
While these Justices granted the sp'
plication OF the Taft men Tor a VIII
of error directed TO the Kansas su-
preme court, their decision does not
constitute final victory for the reeu'
lar Republican organization A..
Under its terms the right Oh the
Roosevelt candidates TO nave had
places on the primary ticket VIII pe
decided by the tull bench OF the SUI
preme court when that tribunal holas
It's next regular SESSION, IN Octooel.
Meanwhile the names OF the Roosevelt
men will appear on the ballots at the
Kansas primaries next Tuesday.
Ihe effect OF the decision is 10
leave the whole Kansas controversy
suspended until October, when 1t 10
expected the highest court vii settle
II before the national election.
States Rights Involved.
Today : Proceedings before Justices
Nanderepter and pitney assumed ma
tional Importance. The question IN
yoIVed went outside state polltlcal is
sues and involved federal and state
rights. This question WAS whether the
choice of presidential electors was
purely state matter or could be super
ylsed bv the federal courts. In other
words. whether electors were state
officers or federal officers.
The original action was brought by
r. A Marks and twelve other Kansas
citizens TO prevent the names of eight
candidates for electors, who had said
that if elected they woud vote for
Roosevelt from being printed on the
Republican primary ballot. Marks and
his associates declared they signed the
petition for the designation of the
eight candidates under the impression
that if chosen they would stand by the
decision of the Republican national
convention.
Ground for Complaint.
When the eight publicly declared
themselves for Colonel Roosevelt, the
regular Republican organization set
about having them deharred from
places on the Republican primary bal
lot on the ground that they had OBJ
tained their places by misrepresenta~
tion.
The Kansas courts decided that
they had no jurisdiction In this case,
since the dispute was purely political:
Neither were these charges considered
by the two supreme court justices in
their decision today.
In making their application for 4
writ of error tbe Taft men said the
federal courts had jurisdiction to pre-.
vent the state Of Kansas from depriv
ing any Of it's citizens of the free
right TO express their choice at the
polls. Thew contended that in case
the eight Roosevelt candidates were
chosen. the Taft men who bad signed
their petition lost their right to vote
for their choice for president.
Will Decide in Time.
In deciding not to interfere with
the state primaries. Justices Vande
vanter and Pitnev declared that the
only way not to iniure either party
was 70 let the primaries proceed with
and await the action Of the full court
II is understood the court will de
eide the case in time to keep the
Roosevelt electors of the Republican
ballot in the November election in
case the latter are defeated in the
litigation. The only possibility that
the court will not have to decide the
case is that none of the eight Roose-
welt candidates is successful in the
primaries August s. In all. there are
twenty candidates for electors, and
ten will be chosen. Twelve are de-
clared Taft men.