The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-27
I. r.. EIectOr Injunction Case
Unsettled.
Went to Supreme Court at
Noon Today.
THE JUDGES ARE DELIBERATE
Not Expected That They Will
Reverse Themselves.
Already Decided 1t Was POliti-
cal and Not Legal Matter.

The injunction against the Roose-
welt presidential electors. checked
back to the supreme court by Judge
Branine, had not been decided by that
body up to o'clock today. The case
went to the court at noon and a I ,ci-
sion was expected at > O'Clock.
1t is not expected that the court
will reverse its tentative decision of
last Monday when it declared that the
matter of taking the Roosevelt electors
off the ticket by injunction was po-
litical and not legal in it's nature.
Arguments of the Attorneys.
That troublesome Fourteenth amend
ment to the constitution was the ques-
tion around which the lawyers today
hung their argument in presenting tc
the supreme court the suit to enjoin
the placing of the Roosevelt electoral
candidates on the primary ballots.
Then, out of the fog came the con-
tention of Attorney D. R. Hite that
Judge Branines restraining order should
remain in force pending an appeal on
a writ of error to the United States
supreme court. This theory almost
took away the breath of the Roosevelt
lawyers and the court justices and the
flood of oratory started all over again.
y It was Attorney Hite, of the Taft
Counsel, who stood for more than an
hour and a half under fire of ques-
tions from opposing counsel and the
court and gave answer to the scores
OF questions and quoted from dozens
of court decisions in support of his
contention. All of the four associate
justices sitting in the hearing-Burch
Mason. Porter and West-interrogate
the Topeka lawyer and each time Hite
came back with a smile and fresh
supply of argument. Then Fred Jack
son. Judge Martin and G. w. Trickett,
of opposing counsel propounded ques-
tions, but Hite was ready for all of
them.
Hite Sees Difficulties Ahead.
Hite told the court of the embarrass-
ment which the signers of the Roose-
Welt electors petitions would meet on
primary day. He insisted that any of
these signers might be challenged at
the polls and forced to make affidavit
that they would support the nominees
OF the Republican primary and in event
OF the selection of the Roosevelt cleo
toral candidates. would be deprived of
voting for Taft in the November cleo
ton This Hite insisted, was the prac-
tice of fraud and a deception and
that the men who signed the petitions
OF the eight defendants had been de-
ceived in their belief that they were
W
would vote for the Republican nomi-
lee for president.
= Then Hite gave time to a discussion
of the decisions of the supreme court
or the United States and to a review
OF the constitution giving to the vote
right to vote for any candidate he
desired He insisted that this right
was denied in the present instance and
urged that the issues were presented
were such as should be reviewed bv a |
court of equity and Justice rather +bar
by party tribunals.
Justice Mason's Question
Under your theory then" said AS
soclate Justice Mason, ''the courts
might have tried Lo1imer?"
Hlte never hesitated
OUT our nonor might also have urg
eu. sald Hlte with a smile that Inc |
coupts ca cetlld nave denied a trial in the
case or senator Burton under the ~
vision that the courts should he ptbe
supreme judge of the actions of its
~ argument of my worthy Opponents
- that these matters are presenfed re-
fore courts of men, but 1 urge rather
of law" SourtS
AND so it went. Justice Porter ask
cd dozen questions and each time
hIte was ready with an answer that |
Went squarely to the issues Then the
Taft lawyer suddenly sprung a theory
that shocked the Roosevelt forces ana
sent them hurrying for new court 70
ports Hite urged that the RESTRAINING
order, made effective by Judge Rra |
nine, should remain in full force and |
erect pending a final decision in the |
case. The lawyer admitted that +b0
case was going to the United Statas
supreme court. 1t was not necessary,
to explain to the progressive ATTORNEYS
that the Topeka lawyer had laid a |
clever trap. They saw that by losing
the present case before the court if |
Hite could secure an affirm ton of his
theory, he would win regardless of tho |
ultimate decision. BY perpetuati7o
the restraining order until a final de-
cision. the printing of the names of |
the Roosevelt electoral candidates on
the primary ballots would be forever
blocked, as a decision from the United |
States supreme court could not be oh |
tanned until the Kansts primaries
were matter of history.
Fred 8 Jackson talked for As min
utes for the Roosevelt candidates His |
argument was forceful and was back |
ed by g small mountain of legal au- |
thorities. Hite repaid the embarrass- |
nent he himself had encountered hv |
asking the Fourth district congress-
portion of Jackson's argument was al |
ton.
aeThese petitioners do not come into |
this court with clean hands" persist |
ed Jackson. eff their petition were
sustained by this court it would per
NIT of the greatest fraud on the elec-
sfate. If their contention were upheld. |
nv7 ~ Int