The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-07-29

mas electoral case Will be heard by
Justice Pltncy, of the United states
Supreme Court. ut lIorristoNn. y. j.,
next Thursday. the journal smys this
morning
J Washington. July 2s-Reports from
Topeka tnat supporters OF Mr. TAFT
/ in kansa1. among them David ". Null
vane. plan to have the Supreme Court
al the United states review the de-
cislon of the supreme Court Of Kan
sas Ia the presidential primary case
nave arcIsed Interest OF Republican
political Leaders here OF al. factions
Friends ~ Colonel Roosevelt. par
t!cula!ly Senator Bristow. OF Kansas.
are Watching FOR developments IN tic
case and keeping q keen lookout for
the arrival Of legal representatives. Of
the Taft Champions !n Kansas who
may be coming TO seek from some
Justice OF the supreme Court an order
directing that the ca4e be reviewed
Clerks Not Enjoined.
The Supreme Court OF Kansas de-
cided that 1t would not enjoln county
clerks from printing on the primary
Ds44ots Of august s. under the name
OF ReP-bl!can Party" the names Of
men who had declared they would vote
FOR Roosevelt
1t is believed here that instead OF
coming 20 Washington. the Kansas at
toEneys would go direc. to Justice
Of the court, all OF whom are away
from the capital
any member Of the court has tho
power 10 issue an orscr. requiring Tho
Nansas supreme Court to send the case
up 10! review, and to grant re-
staining order to prevent the names
oeing Printed on the ballo. un.i tht
supreme Court OF the United States
mas passed on the case Logically. tn
application would be made to Justioe
an DeNanteF. assigned TO the Circuit
N "nic1 Kansas IS located. but he Is
spena ng mis- vacation in the mountains
o. New hampshire Application nigh,
a.so pc male Il IS regarded here. TO
Justice Day. now at Maokinaw mo
sas, 90 E--''-
While a .ustice nigh, feel h!,ase,,
empowered 70 issue an order for tho
/ ,eN'ew' members of the court lately
nave nes!'aied to take that respon-
s'"'!'ts' wnere momontous questions
reiles'e!y balanced We're involved
Sh!ei Justice White referred the anDl,-
cation to the entire court when an an.
plication for similar relief was mad.
] IN the beef trust case" last winner
SHCn action would he equivalent to a
denial OF the application in this case
, : POINTED out as the primary would
oe over before the court could act
| IN october, Its NEXT date OF meeting
/ sever has case similar to that
which has arisen in Kansas been be-
! iore the supreme Court. The last time
the court was called to pass upon A
contest over presidential electors was
IN 1892 when q bitter CONTROVERSY
over the manner OF selecting electors
IN Michigan came UP for decision
] ~ -
Cd and by advancing the case for con
sheraton on the first day Of the Oc-
/ toDer term the court disposed OF the
case before the November election.
The Question Involved.
In the Michigan case the question
involved was the validity OF statute
! requiring the selection O. presidential
electors by congressional districts in
stead ot by the state as a unit Chief
Justice FULLER. n announcing the de-
cision OF the court said the question
was a judicial and not a political one
inasmuch as II involved the validity
/ OF a statute under the Federal CON
! stitut!on- He held that the State
LEGISLATURE had exclusive jurisdiction
over the manner OF appointing cleo
! tors. and that these electors were no
more officers OF the Federal govern
ment than members OF the Legislature
when electing United States Senator's
7 He added that the long custom OF Sc
lecting electors by the state as a unit
did not change the Constitution so
that they must ne elected in that man
nor
! Under n stipulation entered INTO to-
4 night by opposing attorneys in the
presidential electors case. county clerks
are restrained from printing the Re-
publican primary ballots until Thurs
/ day at least.
/ The stiplation was prepared by y
r Hite. for the Taft forces. and con
sressman Fred s. Jackson. for the
Roosevelt forces. 1t was agreed to by
Governor Stubs The stipulation pro.
vides that no preparation for the pri-
7 mary prejrdicial to the Taft forces
( shall be made until the application
/ for a writ Of error and supercedas can
he heard. not later than Thursday. Au-
! gust J. II is stipulated that the coun-
~ clerk may proceed with tho print
ing of the ballots Immediately upon
the announcement OF the court dcci-
| CT