The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1904-10-06

fa IS its 4..e "a ~.S4u1..l 49,
It's G ioi -s.-s :; habie, except fo1
iuIis, .ff:-l al 5<ie,ss.
Ta'el.th--The lrlDunal answering tc
the ali o: I'D section 35 is found to
exist in the Republican state central
committee. elected at the state consen.
tion OF o2, and duly certified to the
seGretary uf state anGer section 81 OF
the sta!ut.. thelefGTe jurisdiction OF
this cou.t IL limited to deciding
whether such committee was or IL
without jurisdiction he aGse Of bias
or Interest of SCR 3 Cf lis members, or
whether its decision is affected by ju-
riSdictional defects.
Thirteenth Such tribunal though
required to act judiciaily, being an
administrative rather than a judicial
body. bias or interest of its members
does not disqualify them nor affect its
Jurisdiction.
Fourteenth--Thed decision of tie ra-
tional Republican convention AS to
which of the two sets of delegates
from this state claiming the right to
represent the Republican party there
of in such convention was entitled TO
recognition
Was Not of Any Significance
as guide to the secretary of state
or to the committee authorized to de-
termine factional dispute under said
section 35, since exclusive jurisdiction
thereof, as regards the official ballot
law, was conferred by the legislature
upon the latter as special tribunal,
as before indicated
Fifteenth--As soon as the nomina-
tions were made by the conventions
and duly certified the rights of nomi-
nees to places upon the official ballot
under the designation Republican
ticket became vested in them as rep
resentatives of their respective organ
izations, subject to the decision of the
special tribunal aforesaid, as to which
of the conventions was regular and
such right could, therefore, not be in
any way affected by the determination
of any other tribunal.
Standardization 35 of the statutes
contemplated in all cases mentioned
therein of conflicting claims to the
use on the Off cial ballot of particular
party designation that one set of the
claimants shall be given preference
thereto and each of the others have a
place upon the ballot under designa-
tion sufficiently different from that ac-
corded to the rightful claimant of the
particular designation to enable the
electors to distinguish such set of ir-
regular nominees fom the regular NOM
nations.
La Toilette Ticket Regular.
Seventeenth-The tribunal created
4. H. hD 60 ol 10
pute in question for the guidance OF
the secretary OF state having assumed
Jurisdiction thereof and decided, free
from iurisdictional infirmities, that the
nominations headed by Robert Nj. La
Toilette for governor are entitled to
preference In respect to the use upon
the official ballot of the name ''Repub-
lican ticket" it is the duty of the Sec
retary of state to act accordingly, GER
tifying both sets of nominations to the
various county clerks, but giving to
those headed by Robert M. La Toilette
for governor preference as aforesaid.
Eighteenth-The foregoing conclu-
sion follows logically and necessarily
from the legal aspects of the case be-
fore stated What 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, the court has no right
to decide or suggest. Duly constituted
authority having spoken within its jul
riSdiction it must be conclusively pre-
sumed to have spoken rightly.
Both the motion OF plaintiff and that
of the defendant are denied and the
cause is dismissed for want OF suffi-
cient facts appearing to constitute a
cause of action.
At the state convention held May
Is, last, 1860 delegates were given
seats, of these 957 were uncontested
and 1903 contested. or the uncontested
SIS 1-3 were for La Toilette. The state
central committee, being of La Toilette
sympathy, seated but 43 contested
'stalwart" delegates, giving La Fol-
lette majority The "stalwarts"
charged unfairness, bolted, nominated
separate ticket and went to the su-
preme court to compel the secretary
of state to put the "stalwart" ticket
in the regular Republican column on
the official ballot.
LA TOILETTE PEOPLE REJOICE.