The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-05

secretary of state under section 81 of
the statutes. therefore, jurisdiction OF
this court is limited to deciding whether
such committee was or is without juris-
diction because of bias or interest OF
some of it's members or whether its
decision is affected by jurisdictional de-
fects.
Thirteentn-Such tribunal though re-
quired to act judicially, being an ad-
ministratfve rather than a judicial
body bias or interest of its members
does not disqualify them nor affect its
jurisdiction.
Fourteenth-The decision of the ma
tional Republican convention as to
which of the two sets of delegates from
this state claiming the right to repre-
sent the Republican party thereof in
such convention, was entitled to recog-
milton, is not of any significance as a
guide to the secretary of state or to the
committee authorized to determine the
factional dispute under said section 50
since exclusive jurisdiction thereof as
regards the official ballot law was con-
ferred by the legislature upon the latter
as a special tribunal as before indi-
Gated.
Fifteenth-As soon as the nominations
were made by the conventions and duly
certified rights of nominees to places
Republican ticket" became vested in
them as representatives of their reSpec-
tive organizations subject to the de-
cision of the special tribunal aforesaid,
regular and such right could therefore
not be in any way affected by the de-
termination of any other tribunal.
7 Sixteenth-Section 35 of the statutes
contemplated in all cases mentioned
therein of conflicting claims as to the
use on the official ballot of a>particular
party designation that one set of claim
ants snail be given preference thereto
and each of the others have a place
upon the ballot under a designation
sufficiently different from that accorded
to the rightful claimant of the particu-
lar designation to enable the electors to
distinguish such set of irregular from
the regular nominations.
Seventeenth-The tribunal created
by law. to determine the factional dis
pute in question for the guidance of
the secretary of state having assumed
jurisdiction therefore and decided, free
from jurisdictional infirmities, that the
nomina tions headed by Robert NJ. La
Toilette for governor are entitled to
preference in respect to the use on the
ballot of the name of Republican par
ty it is the duty of the secretary of
state to act accordingly, certify both
sets of nominations to the various
county clerks, but giving to those
headed by Robert NJ. LaFollette for
governor preference as aforesaid
Eighteenth-The foregoing conclu-
sion follows logically and necessarily
from the legal aspects of the case be-
fore stated that the real right of the
matter in dispute might be found to
be, were this court permitted to disre-
gard the decision of the special tri-
bunal and investigate and determine
the merits of the controversy from
that standpoint it has no right to de-
eide or suggest. Duly constituted au-
thority having spoken within it's juris-
diction it must be conclusively pre-
sured here to have spoken rightly.
By the court-Both the motion of
plaintiff and that of the defendant are
denied and the cause is dismissed for
want of sufficient facts appearing to
constitute a cause of action.
At the Wisconsin state convention
held May IS, last, 1850 delegates were
given seats. OF these 10S were con-
tested. OF the uncontested delegates
SIS 1-3 were for LaFo1lettes The state
central committee being of LaFollette