Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-10-04
OR WOLFE.
Supreme Court Issuesa Mandamus for
the Certifying Of c. E. Wolfe
I. in Fourth District.
Case Will be Heard Oct. 13and Decide
Which Man is Entitled to
Nomination. a
Both Claim the Republican Nomination
for the Office Of District Judge
Down There. Is i. ...,.:.s.

.sz,t ls
The question of the right to the
place as the judicial nominee of the
republicans in the Fourth judicial dis
'trict will sbe settled by the supreme
court. on October Is. The court has
issued an alternative writ of man
damus directed to Secretary of StaEe
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 formal one to get me matter into
the supr court for hearing and de-
termination, and is Instituted upon
the. relation of c.. E.-WEolfe of Wahpe-
ton, who claims to be the regular re-
publican nominee as against the
claims Of w. S. Lauder. Both can
didates have filed certificates of nom
ination, each purporting 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. '@.#
I The, application of Wolfe for writ
of mandamus goes in detail into the
JUDICIAL row in the Fourth district
The factsSof the matter are, briefly, that
Richland county elected a delegation
to the Judicial convention at Oakes, at
the republican county convention, reg.
ularly called. The Lauder forces had
possession of the judicial district, or
ganization, however, and in the cau
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
ait dictation as to how delegates should
he chosen, and disregarded it. When
the judicial convention was held at
Oakes, Judge Lauder was represented
by al aSdelegation contesting the seats Of
th regular delegation from Richland
county, which the Wolfe forces claimed
was never selected at any convention
and was not entitled to be seated. The
judicial conv vention resulted in split,
la portion OF the regularly elected dele
gates from the two counties going out
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 c. p. Wolfe. Each
man was given a certificate as the
nominee of the repub blican judicial dis
trict convention and each claimed the
right to that place on the ticket. Is
All of these matters are gone into
fully in the application for a writ ef
mandamus. lit is represented by the
plaintiff, G: 3. Wolfe, that there is a
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 if
he does not receive these votes, he
being the regular republican nominee.
The matter will be presented to the
supreme court by able counsel for
both sides. 5 55S9