The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-19
The Governor and Friends En-.
ter Legal Battle.
DO Straight to Supreme Court
for MandamuS
IN T. R. ELECTOR CASE
Would Compel Branine and Co.
Clerks to Be Good.
Supreme Court Will Hear Case
Saturday and Act at Once.

Application for a writ of mandamus
was made in the supreme court today
by attorneys for the progressive lead
ers in Kansas, in which the restrain
ing order of Judge c. z. Branine
Withholding the names of the eight
Roosevelt electoral candidates from .
place on the primary election ballot,
is sought to be dissolved. An injunc-
ton against the so-calIed Taft at
torneys,'' to prevent similar suits in
other courts is also sought under the
allegation that there is a plot to block
holding of the Kansas primaries. The
application will be argued at 10 O'Clock
Saturday morning before the supreme
court.
The application for writ of manda-
mus was filed in the name of the STATE
and by John Dawson, as attorney gen
eral, upon relation to the eight Roose-
welt electoral candidates, who are
named as party plaintiffs. 1t was at
the personal request OF Governor
Stubs that the name of attorney gen.
eral was used.
When the original application was
sent to the supreme court this morn
ing, it failed to bear Dawson's name
He is in Coldwater. Kan, and as
sistants in his Office wired him immedi-
ately concerning the governors request.
In reply to this telegram, Dawson con-
scented to the use of his name ano
that of the state in the bringing of the
case and the attorney generals sig
nature was then attached to the or
iginal papers.
Would stop Hutchinson Case
In the mandamus proceedings, it Is
do no
order of Judge Branine in which the
1O5 county clerks of the state are en-
Joined from placing the names OF tne
eight Roosevelt electoral Candidates Oh
the primary election ballots uhli a sLI
+he anal disposition of the case. rms
action was set for hearing in Hutchln-
son next Monday. In the manoaIllus
case. Judge Branine, the IL petluoheIs
II, the original case, the 100 county
clerks and the half dozen lawyers III
the case are made defendants
II is sought not only to set aside
Judge Rranine's original order, but the
jurisdiction of the kansas Judge Is
Questioned Then the progressives ex-
hibit their fear In a long ana LEI 49, 80
prayer to the court, wherein they state
that they are advised that multi
pIicitv of suits of similar nature are
contemplated, that these suits Will re-
suit in an inability to hold any primary
election in Kansas on August o; ana
netitioning the court to enjoin the law
yers for the petitioners in the Harvey
county case from the bringing OF other
cases in any of the "a judicial districts.
All day yesterday the lawyers for the
progressive forces in Kansas, worked
on a plan to defeat the purpose of the |
men who oppose the placing OF the |
Roosevelt electoral candidates on the !
primary ballot. At night they issued a |
statement to the newspapers. But this |
statement told of many things except |
the next move in the case. Efforts were |
made to bring Dawson into the con- |
ference, but Dawson was out of town. !
Time flew. This morning a hasty con-
ference favored immediate action and |
the mandamus proceedings were
filed in the supreme court.
Electoral Candidates Republicans.
In the petition it is alleged and af- |
firmed that the eight electoral candi- |
dates, named as plaintiffs. are Repub- |
licans, that they are members of the |
party, that they are candidates for
electors. were nominated by the con- |
gressional and state conventions and /
after this procedure were nominated i
by petition. The court is advised that |
no objection was made to the nominal |
ton papers so filed, that no contest was
heard by the canvassing board, and |
that afterwards the secretary of st&te |
certified the eight names to the county |
clerks. Before that time, nomination |
papers had also been filed in behalf of |
all state officers and these names were /
certified.
After the clerks received the certifi- |
Gates. they Immediately published no |
tees and mailed copies as required by |
law. BY reason of these facts, it is |
claimed that the petitioners are Re |
publican candidates and that the |
voters of Kansas have a right to vote |
for them as Republican electors.
Release County Clerks.
1t is also brought to the attention /
of the court that the time until the /
primaries is very short. For this sea-
son the issuance of a writ is urged
on the grounds that the county clerks |
to perform their work if delays are |
permitted.
An order setting aside the restrain |
ing order against the clerks is de- |
manded. First, it is declared that |
Judge Branine held no Jurisdiction in /
the case. Second that there is no |
semhlance of jurisdiction over any of |
the eight electoral candidates except |
Defendant Davis. Third. that the ap- |
pIication for an injunctian is INSULT |
cient and does not state a cause of /
action
Charge Taft Plot.
But that is not all. 1t is charged |
that the defendants in the mandamus I
sniff wiIfully caused delay in the |
rreparatio nof the ballots for the pur-
nose and with the intent that they /
might prevent the Republican voters |
from the selection of all candidates |
1The attorneys for the petitioners in the
:1,iI1nction case-Chesler I. Long, d. |
w Mulvane, D. r. Hite, Fred Dumont /
smith and Fred - Starley--are |
charged with a conspiracy to block the |
of the Kansas primary and the SUI