The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-09-14
CASE is STILL ON.
Attorneys Argue Merits of Electors
Decision Next Week.

Denver. Sept 14-The Kansas prasi-
Dental electors case was taken under
Amusement in the United States circuit
court of appeals here today 1t was
agreed by the court that an effort
would be made to reach an early de-
cision in order that the case may go
to the supreme court in time for re-
view with the Harvey county case, a
similar action brought against Kan
sas electors. 1t is expected a mandate
will be handed down next Monday. The
case, it is agreed, will be appealed to
the supreme court of the United States.
Arguments in the Kansas presiden-
tiaI eIector case are being heard today
before the United States circuit court
of appeals in Denver. Nearly two
DAYS were set aside for OratOry and
presentation of legal citations. D. R.
Hite of Topeka will close the ar
e1lment in Denver today in behalf of
the Taft electors. A decision in the
case is not expected until some time
next week.
The statute that gives recourse to
the courts to any citizen who, by con-
spiracy or intimidation, is denied the
right to vote for representative in
congress furnished the basis for the
argument of Attorney d. r. Hite to-
dav in the Kansas presidential cleo
tors case. Arguments were opened in
the United States court of appeals,
Judges ]. f. Garland, w. H. Munger
and J. II. Riner presiding, the case
having been appealed from the deci-
sion of Federal Judge w. H. Sanborn
This decision held that the attempt
of the Taft supporters in Kansas to
enjOin Secretary of State Charles H
Sessions from certifying the names of
eight Roosevelt electors to the cOun-
ty clerks to appear on the regular
Republican ballot did not come with
in the jurisdiction of a court of equity
Attorney Hite Contended that the
ease is one of federal jurisdiction and
of equity He declared that being de
MED the right to vote for a represen-
tative in congress would be parallel ta
denying that citizen the right to vote
for a presidential electOr, pledged to
support a certain presidential candidate.
Mr.. Hite reviewed the announcement
of the Kansas presidential electors sf-
ter the Chicago convention that they
would not support Mr.. Taft He con-
tended that If these electors were
piaced on rhe regular Republican bal
lot it virtually would deny Taft sup
porters in Kansas the right to vote for
their choice for president.
Mr.. Hite further contended that the
signatures on the petition by which
these electors were named were secur-
ed by fraud, making the case one for
the recovery of pecuniary damages.
Attorney General John S. Dawson, in
a brief argument outlined the case ana
expressed the belief that the proper
course of action was an appeal to the
kansas state contest board.
L. W. Keplinger, attorney for the
Roosevelt electors, argued that the at
titude of the eight electors is Well
known and that no one in Kansas
would be misled, even though their
names appear on the regular Re
publican ballot. Attorney Keplinger
closed his arguments today and Mr.
Bite will close the case this afternoon.
Denver, Sept. lift the Kansas
statutes expressly provided that a
state officer should certify fraudu- |
lent nominations. such statute would |
not Justify the state officer in so do |
ing. because it would be void its |
face" was the final point in the clos |
ing argument today made by d. R. |
Hite, representing the Taft support |
ers in the Kansas presidential cleo |
tors case, before the United States cir
cult court of appeals here.
The. case is an injunction proceeding |
brought by supporters of President |
Taft to prevent Secretary of State
Charles H. Sessions from certifying
the names of eight presidential cleo
tors who have declared their inten-
ton of voting for Theodore Roose-
Welt for a place on the regular Re
publican ballot. 1t was appealed from
the United States district court. where
Judge w. H Sanborn ruled that a
court of equity had no Jurisdiction.
Mr. Hite dWelt upon the similarity
ticipate in the election of member
of congress and the right TO partici-
pate in the naming of presidential
electors He cited an opinion of the