Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-10-06
LAFoLLETTE FACTION OF WIS.
coNslN REPUBLICAN PARTX
WINS CASE.
DECISION MADE PUBLIC
Three Judges Of Wisconsin Supreme
Court Agree In Finding, Chief JUS
tlce cassoday Observation-Disclosures
Ticket Will Be Called Republican.

Madison, Wis, Oct. 5. - Governor
LaFollette wins in the supreme court
decision in the Wisconsin republican
factional case. The decision was
made public today.
Chief Justice Dissents.
Judges Marshal. Dodge and Wins
low rendered the opinion, Chief Jus
tice Cassoday dissenting.
The Decision.
After setting forth the facts alleged
in the complaint and determining
that the court has jurisdiction in the
case, the decision says the time has
not arrived in the present case when
the secretary of state is required to
make certification of nomination.
Intent of the Law.
BY general rule there is no RENE
dy at law by mandamus and the ac-
ton is properly brought in equity. The
legislature intended to provide for a
settlement out of court of all ques-
tions between the factions of party
concerning the right to the party
name upon the official ballot by the
following section Of the Wisconsin
statutes:
Statutes Covering the Case.
"In case of division in any political
factions thereof to the same party
! name, the officer with whom the GER
ttificates of nomination are required to
hbe filed, shall, in certifying such nom
Yination or preparing the ballots, give
the preference Of the name to the
1asonsantien or sslucIs thereof held pur-
I ,uant to the call Of the regularly con-
astituted party authorities, and if a
H committee representing the other fac
lion present no other party name such
4 officer may designate some name
which will best distinguish the nom
inees thereof"
Basis of Opinion.
"When two or more conventions or
caucuses shall be held and the NOM
nations thereof certified, each claim
ing to be the regular convention or
! caucus of the same political party, the
8 preference in the designation shall be
given to the nominations of the one
certified by the committee which has
been officially notified to be authorized
to represent the party"
The decision says that the present
case comes clearly within the second
clause of the section and that the
tribunal answering to the call is found
to exist in the republican state central
committee elected at the state conven.
ton of 1902, duly certified to by the
secretary of state.
Not Question of Right.
The court says in conclusions:
"What the real right of the matter
In dispute might be found to be, were
this court permitted to disregard the
decision of the special tribunal
Central committee) and investigate
and determine the merits of the con
troversy from that standpoint, it has
no right to decide or suggest, duly
? constituted authority having spoken
within its jurisdiction and it must be
conclusively presumed here to have
spoken rightly"
Duty of Secretary of State.
The court holds that the duty of the
secretary of state is to certify botf
sets of nominations to the various
county clerks, giving those headed BY
IaaFollette for governor the prefer
ence in respect to the use upon the
official ticket of the name republican
ticket"
Origin of Trouble.
At the state convention held May Il
last, LOGO delegates were given seats
of these 10S were contested. The state
central committee being of LaFollettt
sympathy seated but forty-three of thu
contested "stalwart" delegates, givins
LaFollette the majority. The "stal
warts charged unfairness, bolted ant
nominated a separate ticket The.
went into the supreme court to com
pei the secretary of state to put th'
"stalwart" ticket in the regular repub
lican column on the official ballot.