The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-08-21

WHlie the state canvaSSing board
was pusy checking the returns from
! tne state wide primaries of August G.,
y. r. Hite was in Iowa explaining to
Judge Smith Mcpherson the reasons
| that he should take action in the case
ana forthwith issue & restraining or
DER. Late last night Hite arrived in
| Topeka, filed copies of the restraining
| order with Clerk Albaugh, left on a
later train for western Kansas and
Will stay on the electoral job until
| the fight is finally settled. From Kan
sas City today came Chester I. Long,
| former United States senator. He is
! one of the Taft attorneys in the ac-
tons to prevent the use of the Re-
publican column by men who intend
| to desert Taft and vote for Roosevelt
| in the electoral college. Congressma7
| w. E. Olmstead, of Pennsylvania, is
also an attorney in the case and is
looking after the eastern end of the
presidential row in Kansas. With
Olmstead, Hite and Long are Attor-
neys Fred Dumont Smith, D. w. Null
vane and Fred E. Stanley, Republi-#
can national committeeman from
Kansas. All of these lawyers will
probably participate in the nearing
before Judge Sanborn in Denver.
Same Issues as in First Case.
In their petition for an injunction.
the same issues are raised that were
brought out in the actions peIorS
Judge Branine in Harvey county pc
fore the Kansas supreme court am
before the United States supreme
court Tt is claimed that the eight
Roosevelt electoral candidates seek
ing a place on the Republican TICKET
deceived the Republicans OF the slaee
when they secured Repuphcan slsuo
tnres to their petitions and that the
oarrxyinp out of their resolution TO
Tote for Roosevelt will disfranchlse
severaI thousand Kansas RepupllcaissS |
Irbo desire to vote for president Aall
in the November electlon. II
THE suit is fled in the name Oh "a
rI Rano,,th and other voters OF Deca-
~, County and by J. H. WOODEN anu
Cher voters of Jewell county, VINO sisn
Cd fine nomination papers OF the eiSAi
0oosaI,eIt electoral candidates on the
S'I.1;oen ticket. The action is aimed |
~ Samuel A, Davis, Robert Nd. ARM
atronr Dorsey Green, L. H. Mills
nangh + A. Lister, John Stewart hop-
eTt g. Postlethwaite and Z. >. hule' as
the men who are declared to nave DC
trayed the Republican voters VI lne
state and threatened to vote for Theo- |
dor roosevelt the presidential candl- |
date of third party.
In the restraining order granted by |
Judge Smith MCPHERSON Charles ..
secretary of state, John ;.
Dawson. attorney general, and w. E. /
Davis. auditor, as members of the state
canvassing board, are restrained from
certifying to the county clerks the
names of the eigh. men, 1t is asked
BIZ the Taft forces that this temper
ary injunction be made permanent and
an effort will be made to secure a hear
ing in the United States supreme court
en- the original issues before the names
Of the Roosevelt candidates can be
certified to the clerks of the los Kan
sas counties Whether the Taft lead
ers propose to file contest proceedings
with the state contest board at an
5arly date, is a matter that is not |
being discussed at this time, but it is
stated that this final line of attack has |
not been abandoned and will be re-
serve1 in event 1t is needed to block |
he placing of the names of the Roose-
velt men on the Republican ticket
Jackson Not Worried.
Congressman Fred S. Jackson who
mas led in the fight for the placing of
publican ticket, was not inclined to
view the new ;tction seriously when
questioned today concerning the latest | /
move of the Taft men. II
They seem to have been in about |
all the courts of justice that we have, |
said Jackson with a smile-"unless I II
should say that they might now try /
some local Justice of the peace AS III
10 the real merits of the new case, Il
am not able to make a statement I Ill
have not seen the papers in the case
and all I know about the matter is /
the reviews that I have read in the II
lewspaDers.'' Ill
Jackson was inclined to believe that Il
he action in the federal court might II
block the proceedings in the United III
states supreme court and that this suit II
would probably be abandoned by the II
Taft men, who might find themselves
Unable to maintain two similar suits / II
n two different courts.
A hearing on the recent application iii
or an injunction will be concluded | III
n ample time to prevent any blocking III
II the election machinery as affecting III
he printing of the ballot for the gem ii
.ral election in November. Under the ii
aw the secretary of state is not re- III
luired to certify the names of the III
'arty nominees to the county clerks II
Until September 20; and the recent silt II
will be disposed of in time to deter II
nine what names shall be printed on II
he ho TI0fG Ill