Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-10-12
OR WOLFE.
Supreme Court Issues Mandamus for
the Certifying of c. E. Wolfe
in Fourth District.
Case Will be Heard Oct. - and Decide
Which Man is Entitled to
Nomination.
Both Claim the Republican Nomination
for the Office of District Judge
Down There.

place as the judicial nominee of the
republicans in the Fourth judicial dis
trict will be settled by the supreme
court on October Il. The court has
issued an alternative writ of
damus directed to Secretary Of State
Falley, commanding him either to GER
tify down the name of c.. E. Wolfe as
the regular republican nominee for
the position of judge or to appear be-
fore the court and show cause why it
should not be done. This proceeding
is a formal one to get .le matter into
the supreme court for hearing and de-
termination, and is instituted upon
the relation of C. E. Wolfe of Wahpe-
ton, who claims to be the regular re-
publican nominee as against the
claims of w. S. Lauder. Both car
didates have filed certificates Of NOM
ination, each p%urporting to be that of
the regular republican convention.
| Wolfe asks in his application to the
court for a writ that his name be GER
titled and that that of Lauder be not
certified as the regular republican
nominee.
The application of Wolfe for a writ
of mandamus goes in detail into the
judicial row in the Fourth district.
The facts of the matter are, briefly, that
Richland county elected a delegation
to the judicial convention at Cakes, at
the republican county convention, reg
ularly called. The Lauder forces had
possession of the judicial district or
g%anization, however, and in the call
for a judicial convention it was pro-
vided that judicial delegates must be
elected ait county conventions called
for that purpose solely. The anti
Lauder men had control of the Rich
land county convention, held that this
provision was an unwarranted attempt
at dictation as to how delegates should
be chosen, and disregarded it. When
the judicial convention was held at
Cakes, Judge Lauder was represented
by a delegation contrasting the seats Of
tn regular delegation from Richland
county, which the Wolfe forces claimed
was never selected at any convention
and was not entitled to be seated. Tho
judicial convention resulted in a split
a portion of the regularly elected dele.
gates from the two counties going oui
of the convention and joining with the
Lauder delegation, and the other coun.
ties remaining with the regular dele.
cation from Richland county. The
first named convention nominated
Judge Lauder to succeed himself. The
second nominated G. E. Wolfe. Each
man was given a certificate as thu
nominee of the republican judicial dis.
trict convention and each claimed thu
right to that place on the ticket.
All of these matters are gone into
fully in the application for a writ q
mandamus. 1t is represented by thu
plaintiff, c. E. Wolfe, that there is
large number Of voters in the Fourth
district that will vote the straight re.
publican ticket. This being the case
it will be an act of injustice to him il
he does not receive these votes, hi
being the regular republican nominee
The matter will be presented to thu
supreme court by able counsel fol
both sides.