The San Francisco call., 1904-10-06
FAIRBANKS Speaks Three Nevada (i(olEt in Wisconsin Won LA EOLEEIE
COURT SUSTAINS
REGULAR TICKET

MADISON, Wis, Oct. 5.-The Su-
preme Court to-day decided the La Fol-
lette ticket regular. Three judges
Marshall, Dodge and Winslow-were for
the La Toilette faction, while Chief
Justice Cassoday dissented. The opin-
ion will be filed later by Justice Mar
shall. After setting forth the facts
alleged in the complaint and in the an
swer filed, the decision continues;
L The controversy shown to exist by the
OF the State and affects the liberties Of the
people to be within the original JurlsulcuOh
Of this court
acter and of such public Importance as TO
warrant this court in exercising its original
Jurisdiction to determine the right OF matter
far as the door rs open for 1t to do
3. Since the question presented merely m
wolves the duty OF the Secretary Of state foT
by law, it is judicial one.
4. For the present case, the time not haVlhs
arrived when the Secretary Of state Is required
to make certifcation Of nominations. by the
general rule there Is no remedy at law Dy
mandamus. hence action, If maintainaple al
all is properly brought in equity. II the Less
lature has not furnished another and exclu-
sive remedy.
FRACTIONAL DISPUTES.
8. The Legislature intended TO provide for
settlement out Of court Of all questions between
factions Of a party concerning the right to
place the party named upon the official bal
lot. by section a5. Wisconsin Statutes. In these
words:
(A)-'Tn case of a division in any political
party. and a claim by two or more ractlons
with whom the certificates OF nomination are
required to be filed SHALL In certifying such
Summation or preparing ballots. give prefer
ence of name TO the convention or caucus
thereof held pursuant to the call of the regu-
larly constituted party authorities. and II the
committee representing the other faction pre-
designate the name in such manner as VIII
best distinguish the nominations thereof
(B)-'When two more conventions or eau
cuses shall be held and the nominations thereof
certified, each claiming to be the regular con-
vention caucus OF the same political party,
preference In designation shall be given to the
nominations of the one certified by the com
mittee which had been officially certthed TO
be authorized 10 represent the party.
.. Tho first clause provides for q case Wnere
only one OF two or more conventions Is claimed
TO have been held upon the call OF the reSu-
lar party committee and the identity OF that
one Is therefore, not In doubt Inc second
clause provides for where all Of the
pursuant to the call Of such and the saIns
eommittee BY creating a tribunal 70 oeeies ios
set of nominees is regular. and therefore en-
titled to use of the party name, such tri-
bunal possessing by familiar rules exclusive
and final Jurisdiction save as hereafter stated
DUTY OF PARTY TRIBUNAL
Z. The first clause of section 80. Statutes Of
1ses. cannot apply this case. because tho
dominant feature thereof is the existencs OF a
mCltifarious "claim 10 the same party name,
determinable. as before indicated by the GER
tifying officer from his own records. showing
the necessary of regularity.
8. While the dominant feature OF such first
clause is the existence OF a pultifariOus claim
to the party name, one Of such claims
only being based the call OF the regularly
constituted party authorities" the dominant
feature OF the second clause is the existence
of multifarious claim 70 the same party
name" based on a like claim OF the regularity
OF the party convention, each OF the claimants
referring necessarily to the call Of the reg
ularIy constituted party authertties, as in
the case in hand.
8. The present controversy comes clearly
within the second clause OF said section S5
answering. as it does. every call thereof:
(a) Two conventions were held
(b) Each OF said conventions made nomtna-
tions.
(c) Such nominations duly certified
(d) Each Of said conventions claimed to be
the regular convention OF the Republican
party.
10 1t was competent for the Legislature. in
authorization Of official ballot and in granting
to the party nominees a right TO have their
names placed thereon under the party desig-
nation, to subject that right. in case Of contro-
vsrsy between two more sats OF nominees,
each claiming the same and such designation.
to the decision Of the party tribunal as In