Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1883-06-04
5ournaI aao Courier.
SINGLE COPIES THREE CENTS.
monday, juno 4, 1883.

MISSOURI BOLTERS ENCOURAGED.
The Circuit court of 81. Louis has had before
it an election case as interesting as the black
ballot case which not long ago sgitated this
State. In Missouri last year there were two
Republican tickets in the field, one headed
Republican Ticket" and the other estate
Republican Ticket" It was claimed that
the latter ticket was illegal, because the
heading was deceptive and misleading. The
State Republicans" were boilers and on
their list of candidates were sorae independ-
ents and some Democrats. It was graYely
argued that men in revolt against the party
had appropriated the party title and thus de-
luded some real Republicans. The bolters'
ticket got about ten Thousand votes and the
court was asked to invalidats them.
The court decided against the contestants
and in the course Of its clear and sensible
opinion said IF the Republican party di-
vides into two factions, ,saeh claiming to truly
represent Republican principles or policy,
either faction, in our opinion. may use
the word Republican in the caption of its
ballot, and any other apt words to distin-
guish it from the other faction, provided the
caption DOES not contain more than the three
words limited by law. The court will not
undertake to hear evidence and decide as
between rival factions of political party
which stands in the true line of descent from
the parent stock. In the second place, we do
not think that the ballot headed estate Re-
publican Ticket" is necessarily fraudulent
because the names of certain Democrats were
printed thereon as candidates for Office
Whether it is fraudulent or not depends
upon the circumstances attending the pub
ieation of the ballot The presence of
such names on the ticket will not, in our
Judgment, invalidate it if the ticket in
question was put forth by a we'll
known political organization, and if the
Democrats, whose names appear ON the bal
lot, were regularly chosen by such organiza-
tion as its candidates for that election, either
at convention for the purpose of selecting
candidates, or by COMMITTEES or council reg
ularly empowered by the organization SO to
do. In other words. we cannot assent to the
doctrine that section 5, ,493, when rightly con.
strued, was intended to prohibit the Repub-
lican party, acting as an organization, from
selecting Democrat as its candidate for q
particular local Office and publishing his name
in that capacity on its ticket.
The court further declares that upon the
assumption that any ballot is fraudulent if
the caption does not show with precision the
exact shade of political doctrine held by each
candidate whose name is printed on the bal
lot. the courts of the State would
be driven to the investigation of matters OF
fact in each election contest that admit of no
practical solution. Incidentally tho courts
would be compelled to hear and decide what
are the exact political tenets of variety oi
parties or factions es parties, and afterwards
to decide whether particular nominees held
the tenets SO found, and this without any
standard of authority, saving, perhaps, the
platforms of political conventions. The
Circuit court thinks that the legislature die
not intend TO devolve such functions upor
the Judiciary.
So the Missouri estate Republicans
will retain the fruits of their victory
It is surprising that an attempt was made &C
oust them on such grounds. But the rea
Republicans were of course very indignant al
being beaten and did not see how absurd
their arguments were.