Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-08-01
TAFT MEN APPEAL
Ask Supreme Court Justices to
Decide Kansas Dispute.
EARLY ACTION NECESSARY
Want Roosevelt Electors Removed
From Republican Ballot.
RAISE CONSTITUTIONAL ISSUE
State Supreme Court Held That It
Had No Power to Grant the
Relief Sought.

NEW YORK. August 1.-The Kansas
primary election case, which involves q
unique point of great importance in the
machinery of the national election. was
laid before two justices of the United
States Supreme Court here today. Di-
rectly or indirectly. the decision of these
justices will settle whether eight candi-
dates for presidential electors who have
declared they Will vote in the electoral
college for Theodore Roosevelt may have
their names on the ballot submitted to the
people of Kansas at the republican pri-
mary election there August 6. Emergency
action by the court was necessary so that
the primary ballots might be printed III
time for the election.
leaders and the action, which takes the
form of application for a writ OF error,
is defended by several attorneys repre-
senting the Roosevelt party, including l.
w. Keplinger and Representative r. s.
Jackson of Topeka Representative Mar
lin T. Olmstead of Pennsylvania appears
for the applicants.
Broad Question at Issue.
The question at issue is a broad one.
The Taft leaders declare that the eight
electors they are trying to keep off the
ticket were designated with the under
standing that they would abide by the
decision of the republican national con-
vention and that If the state primary
elected them the result would be con-
trarY to the fourteenth amendment OF the
federal Constitution, which forbids any
state 10 interfere with the freedom and
privileges of citizens of The United
States The Roosevelt people contend
that the voters of Kansas should have
ha ri nj referendum m The decision
OF the national convention. The Kansas
Law is the only one which would permit
such a referendum.
State Court Without Power.
The supreme court of Kansas. to which
the question was first submitted, held
that. regardless OF the truth of the
charges of fraud and Misrepresentation
made against the eight Roosevelt cleo
tors. 1t had no power to grant the relief
the Taft people asked for.
The application for a writ of error was
made by the Taft attorneys to Supreme
Court Justice Mahlon Pitney. Justice Pit
ney believed that the Importance of the
dispute made it desirable that other MEM
berS of the court should sit with him, and
therefore Justice Willis Van Devanter
sat with Justice Pitney at the hearing
today.
Argument for the Taft Contention.
Mr.. Olmsted. who opened the argu-
ment. laid stress upon the fact that if the
Roosevelt men We're allowed TO stay on
the primary ballot the citizens who
signed the petition putting them there
would be deprived of their right of free
choice.
This was so, he said. because the
Kansas law did not permit citizens to
vote for candidates other than those
whose petitions they sign The action in
the Kansas courts was brought by twelve
Taft republicans who signed the petitions
for the designation Of the eight candl-
dates for electors who have announced
their support of Col Roosevelt. Without
the signatures of these twelve men. 1t
was explained. the eight contested can
didates would not have the necessary
number of names on their petition. The
twelve petitioners held that their sigma
lures We're obtained by misrepresentation,
since even at that time the eight candi
dates did not intend to abide by the de-
cision of the republican convention unless
il nominated Roosevelt.
In their appearance today. however, the
attorneys agreed that the merits of the
question of fraud were not involved. The
only point at issue was whether the
facts presented a question upon which
the federal courts could rule. This in
volved long discussion of the fourteenth
amendment.