The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-29

days before the primaries and in the
/ hands of the election judges IL hours
| before the polls open. 1t really doesn I
look as though it can be done If the
| ballots are held up until Thursday,
! does it?''
jackson Still Cheerful.
/ Congressman Fred S. Jackson, who is
leading the legal fight for the Roose-
Welt forces in the state, was disposed 20
see the matter in a brighter light
There is a question as to the legal
itv of the election all right" admitted
jackson, "but 1 don't think it is a
serious question. We will at once notl-
fy the county clerks to take charge
OF the ballots in the hands of the print
err: and in that way I think we viii be
within the law and no question can be
raised as to the validity of the pri-
maries. We have tried to keep within
the law and do not think there will be
any trouble. Justice Pitney's dec sion
should be received in Kansas by noon
Thursday or a short time thereafter
and Mr.. Dawson will Immediately mott
fly the county clerks how to proceed.
OF course If we are beaten, ballots will
be printed without the names of the
Roosevelt electoral candidates. If we
win. they will be printed on the ballot.
The printers have been notified to pre-
pare their forms and be ready to start
work at once"
Thought Fight was over.
By many people. it was believed that
the fight over the electoral candidates
was concluded Saturday night when
the supreme court held against the
Taft forces. 1t was considered by the
Roosevelt attorneys that no further eff
fort would be made before the pri-
maries to prevent the printing of the
names on the ballots. Then came the
shock Sunday morning when Governor
Stubs received a telegram from JUS
A5,1a IN hi ri he
sas executive that the controversy
would be heard by him Monday morn
ing, unless other arrangements were
made. The governor was also advised
that names of the Roosevelt lawyers
was not known and an immediate re-
ply was requested. This message
brought about a hasty conference.
Attorney Hite had previously re-
ouested of Congressman Jackson
stipulation concerning the eastern
hearing, but the Fourth district con-
gresham refused to stipulate Then,
when news was received that the hear
forces were on the job in Morristown
and that failure of The Roosevelt at
torneys to appear would doubtless
mean defeat, there was a call for a
conference at the state house Late
last night the stipulation was prepared
in which Congressman jackson, Gov
ernor Stubs and Attorney General
Dawson agreed to withhold the names
of the Roosevelt candidates from the
ballots until Thursday. pending the de-
cision of Judge Pitney.
The Stipulation
THE defendants in error agree to pre-
vent any farther progress in printing the
following names of electors on the Repub-
ican primary ballot to be used at the pri-
Samuel A. Davis, Robert NJ. Armstrang,
Dorsey Green, L. A. Millspaugh. J. A.
Lister, John Stewart, Robert c. Pos
tletbwaite, and E. S. Rules, and to prevent
any other preparations of said primary
ba.lots prejudicial to the rights of plain
tiffs in error, until the plaintiffs in errors
application for a writ of error can De
heard not later than Thursday, August 1,
lsl2; provided the county clerks, defend
names on said ballots and proceed with
the distribution thereof with such names
thereon Immediately upon the decision of
such application should the application
for supersedeas or stay of any kind be
fused, without waiting for the fOrmalitY
of mandates or other process; and, in the
event such supersedeas shall be granted
then said clerks shall Immediately pro-
coed to print and distribute said ballots
without said names thereon.
This agreement not to prejudice either
party or parties, in presenting said ap-
phcation as to any rights of any said
parties at the time of actually present
ing said application to Honorable Hahlon
Pitney, associate justice of the supreme
court of the United States, for allowance
IF. S. JACKSON
&C. w. TRICKETT,
Attorneys for Defendants in Error.
ID. R. HITE
Attorney for Plaintiffs in Error"
That Justice Pitney will make some
provision in his ruling which will con-
troll the operations of the political ma
chinery of the state, is the opinion of
the attorneys in the case. An effort
will be made by both sides to safeguard
to primary from legal complications in
sofar as it affects the presidential cleo
toral candidates, but the fear that
complication will arise over the distri-
button of the ballots, is shared by both
sides.
No effort will be made tc present the
merits of a federal question to the
New Jersey jurist, but argument will
be confined merely to the question of
whether such a question is raised in
the pleadings. If the members of the
United States supreme court, before
the hearing will be held. should find
that such a question exists, he win
grant the superSedeas. If not if will
be denied. Under the stipulation. ..in
event such supersedeas is granted, then
said clerks shall Immediately proceed
to print and distribute said ballots
without said names thereon"
Arguments for the Taft crowd will
be made by d. r. Hite, of Topeka.
who will probably be assisted by Fred
E. Stanley, of Wichita, Republican ma
tional committeeman. CONGRESSMAN
Fred S. Jackson and c. w. Trickett
will present the argument for the
Roosevelt interests. Mr.. jackson, who
was called home two weeks ago be-
cause of the illness of his mother.
will probably arrange his affairs in
Kansas to enable him to return to
Washington for the remainder of the