The Sentinel=record., 1912-08-02
TWO SUPREME JUDGES DECIDE ROOSEVELT DIRECTORS MAY
 REMAIN ON THE TICKET.
FULL COURT TO DECIDE LATER
Grant Application for Writ of Error In the Republican Mudde-LeaVes the Whole Controversy Still
 in Doubt.

New York Aug. 1.--Action of the Kansas state courts in refusing to order the names of eight Roosevelt candidates for presidential electors stricken from the primary ballot was partly reversed tonight by Justices Vandeventer and Pitney of the Unit ed States supreme court While these judges granted the application of the Taft men for a writ of error directed to the Kansas supreme court, their decision does not constitute a final victory for the Taft organiza- ton. Under it's terms the right of the Roosevelt candidates to have places on the primary ticket will be decided by the full bench of the su- preme court when that tribunal holds it's next regular session in October. Meanwhile the names of the Roose welt men will appear on the ballots at the Kansas primaries next Tues day.
 The effect of the decision is to leave the whole Kansas controversy suspended until October, when it is expected the highest court will set tie it before the national election
 Today's proceedings before Jus tices Vandeventer and Pitney assum- ed national importance in view of the | question involved. This went outside state political issues and involved federal and state rights. Speaking broadly this question was whether the choice of presidential electors was purely a state matter or could be supervised by the federal courts, 1 in other words, whether electors were state officers or federal off, cers.
 The original action was brought by R. A. Marks and twelve other Kan sas citizens to prevent the names of eight candidates for presidential electors, who had said that if elected they would vote in the electoral col lege for Theodore Roosevelt, from being printed on the republican pri- mary ballot Marks and his associates say they signed the petition for the designation of these eight candidates under the impression that if chosen. they could stand by the decision of the republican national convention When the eight publicly declared themselves for Colonel Roosevelt the regular republican organization set about having them debarred from places on the republican primary ballot on the ground that they had obtained their places by fraud and misrepresentation
 The Kansas courts decided they had no jurisdiction in this case, since the dispute was purely a po- litical one, and made no attmpt to pass on the merits of the allegations. Neither were these charges consid- cred by the two supreme court jus tices in their decision today. In making their application for a writ of errop the Taft men declared the federal courts had jurisdiction to prevent the state of Kansas from de- priving any of it's citizens of the free right to express their choice at the polls. They contended that in case the eight Roosevelt candidates were chosen the Taft men who had signea their application lost their right Ito vote for their choice for presid A
 While this contention formeN the basis of the main argument, (rg sue cess of the eight Roosevelt candi- dates at the primaries would put the regular republicans, they say, in an embarrassing situation and endanger the chances of their candidates for state offices by dividing the repub- lican votes between the columns headed respectively by the Roosevelt and Taft electors.
 In deciding not to interfere with the state primaries Justices Vande- venter and Pitney said the only way not to injure either party was to let the primaries proceed with the Roosevelt candidates on the ticket and await the action of the full court It is understood the court will decide the case in time to keep the Roose- welt electors off the ballots in the No- yember election in case the latter are defeated in the litigation. The on- ly possibility that the court will not have to decide the case is that none Of the eight Roosevelt candidates are successful in the primaries August G. There are twenty candidates for electors and ten will be chosen. Twelve are declared Taft men In their memorandum, accompanying their decision tonight. Justices Van deventer and Pitney said.
 Whether the rights asserted have a real basis in the constitution and laws of the United States is the cri- terjon by which we must determine whether the writ of error must be allowed. Under the settled practice,