New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-10-06
GOT. La TOILETTE WINS.
Wisconsin's Supreme Court Declares
His Ticket Regular.

Madison, Wis. Oct 5.-The Supreme Court to-
day decided he la Toilette ticket regular Jus
tees Marshall Dodge and Winslow were for the
Ia Toilette faction. Chief Justice Cassoday dis
scented. The opinion fled by Justice Marshall re-
views the facts IN the controversy and cites Sec
ton S5 Of The Statutes u Wisconsin, as follows
In case o. division n any political psgF'y y END md
same PARTY name. the officer with whom the GER
tihcstss q n9E1inatio5 ere 1s9qTeo az = n nrepsT
ing ballots give preferenee q name 70 me e De
cal Of the regularly constituted party authorities
,rs ne - "a CHER partT name such oflce- may
Sesignafe the same 81 such manner as viii best
Wien two or more conventions Or caucuses shall
be heia and the nominations tnereoL Ger go.
Of the same political party. preference IN ossigns
oerfffed By the committee which had been officially
certified 70 be authorized 10 represent the party
The opinion then continues in part:
The tribunal snsTsTng 70 he ss q ss3d se
ZION Of 1892 ard duly certified 70 the Secretary ~
iiTa,tea 10 deciding whether such committee was
is without jurisdiction, because q pas or m
o5ioS 5 IS IS s seste5 6y jarsac5o4a 5sfs:ss Such
JrlolnaA Lao9gh resIgeo 20 a. t}Iai b5sv bias
or interest OF iJs members does not disqualify
The decision Of the Republican National conyen-
92n as 70 %aicn q ne 10 S5 - - me Re-
publican party thereof In such conVentiop wes en-
titled recoenitfon e not OF any slgnncance as
authorized 70 determine the facronal dispute unoer
as regards The o1icisl ballot law was conferred BY
hunal
As soon as The nominations were made BY the
conventions and duly certified. rights o. nominees
Republiesa tlcket. became vested IN them as rep
Teseltarles Dr their respective Organizations SUD
ssi5 as 10 which % The conventions was regular
ana such Tight could therefore. not be IN any way
affected By The Determination o. any oher tfloOhE
Section g OF The statutes contemplated, IN All
cases mentioned therein Of conflicting claims as 10
the use on the Official ballot OF particular parry
designation that one SCI OF the claimants shali Dc
have place lpon the ballot under deslgnatlon
sufficiently different from that accorded 70 the
rlghttl! claimant q TIE particular oeslgnatlon 20
erS Die tDe electors 70 distinguish such set OF irres
ular from the regular nornina tons.
The tribunal created by law 10 determine the rae
lolal dispute n question for the guidance 81 the
thereof and decided free from jurisdiction nfirni
fles that the nominations headed Dy Robert NJ La
Eolette for Governor are entitled 70 preference IN
respect 10 the use upon the Official ballot OF llle
name Republican ticket TIE duty Of the
Secretary cf State 20 act accordingly, certifying
both sets Of nominations 70 the various county
clerks, but giving those headed by Robert n. La
Toilette for Governor preference. aforesaid
ahe foregoing conclusion follows logically ana
necessarily from the legal aspects Of the case be
fore stated WHAT the real right OF the matter In
dispute might be- found be. this court per-
mttec 70 disregard the decision OF the special tn
b-rsl and investigate and determine the merits OF
right 10 decide suggest. DAILY constituted au-
thority having spoken within its Jurisdiction, Il
must De conelusiVely presumed here 10 have spoken
Bo-h ire motion of the plaintiff and that Of the
defendant denied and the is dismissed for
cause OF action