The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-10-06

furnished another and exclusive rem
edy.
Fifth-The legislature intended to
provide for settlement out OF court Of
all Questions between factions Of a
party concerning right to place the
party name upon the official ballot. by
section 80, Wisconsin statutes in these
words:
Regular Call Counts.
(A)-"In case of a division in any
political party and a claim by two or
more factions thereof TO the same party
name, the Office with whom the GER
tificates of nomination are required TO
be flied shall, i'm certifying such nomi-
nation or preparing ballots, give pre-
ference of name 10 the convention or
caucus thereof held pursuant to the
call of the regularly constituted party
authorities. and il the committee rep
reSenting the other faction present no
other party name. such office may
designate the name in such manner as
will best distinguish the nominations
thereof"
(B)-"When two or more conyen-
tions or caucuses shall be held and the
nominations thereof certified each
claiming to be the regular convention
or caucus Of the same political party,
preference in designation shall be given
TO the nominations of the one certified
by the committee which had been Of
ficially certified to be authorized TO
represent the party"
Second Clause Fits the Case.
SixthLThe first clause provides for
a case where only one of two or more
conventions is claimed to have been
held upon the call Of the regular party
committee and the identity of that one
4 is. therefore, not i'm doubt The sec
ond clause provides for a case where
all of the conventions are claimed to
have been held pursuant TO the call of
such and the same committee by Gre
ating a tribunal 10 decide for guidance
for TIE secretary of state which set Of
nominees is regular and therefore en-
titled to use of the party name. such
a tribunal possessing by familiar rules
exclusive and final jurisdiction, save
as hereafter stated.
SeVeHth-The first clause of section
81 statutes Of 1898, cannot apply 10
this case. because the dominant fea
ture thereof is the existence of a null
Hilarious claim to the same party
name" deteTminable as before iudi-
Gated by the certifying officer from
lis own records, showing the necessary
source of regularity.
Eighth-While the dominant feature
of such first clause is the existence of
q multifari0us claim TO the same
party name" one of such claims only
being based on the call Of the regu-
iarly constituted party authorities
the dominant feature of the second
clause is the existence of a multifarious
( claim 10 the same party name" based
on like claim of the regularity Of the
party convention each of the claim
ants referring necessarily to the "call
of the regularly constituted party au-
I thorities" as in the case in hand.
Answers in Every Respect.
Ninth-The present controversy
comes clearly within the second clause
Of said section 30. answering as it Oes
every call thereof:
(a) Two conventions were held
90 Each of said conventions made
nominations.
(cl Such nominations were duly GER
titled
cd Each Of said conventions claimed
to be the regular convention of the Re-
publican party
Tenth-It was competent for the leg
islature in authorization OF official bal
lot and in granting to the party nom
( inees a right TO have their names
placed thereon under the party desig
! nation. TO subject that right. in case
of controversy between two or more
sets of nominees, each claiming the
same and such designation. to the de-
cision OF the party tribunal as In said
section IS.
Jurisdiction Exclusive.
Eleventh-The creation Of a tribunal
I . 1t,
| provisions being made for judicial re-
view of its decisions. necessarily makes
/ its jurisdiction exclusive and its de-
cisions unimpeacbable. except for jul
TisdictiOnal defects.
/ Twelfth-The tribunal answering 10
/ the call of said section 81 is found to
exist in the Republican state central
committee elected at the state cOnven-
| ton of 1902. and duly certified TO the
secretary OF state under section 81 Of
the statutes; therefore. jurisdiction of
this court is limited to deciding wheth-
/ er such committee was or is without
| jurisdiction because of bias or interes.
Of some Of its members, or whether it's
decision is affected by jurlsdictional
defects.
Thirteenth-Such tribunal though re-
quired To act judicially. being am ad-
illustrative rather than a judicial
body bias or interest Of its members
does not disqualify them nor affect its
| jurisdiction.
Not Good in Law.
Foarteenth-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
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