Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1904-10-12
"A TOILETTE IS VICTOR.
Supreme Court of Wisconsin Decides
for Governor in Contest.

U H. y
Supreme Court of Wisconsin Decides
for Governor in Contest.
BY vote of 3 to l the Supreme Court
of Wisconsin has decided thai the La
Toilette State ticket was the regular
Republican ticket, and that the nominees
of tn La Toilette convention should bt
placed on the election ticket as regular
Repuh leans. BY this decision the entire
machinery of the Republicans in the
State for the present campaign is placed
in the hands of the La Toilette faction
Beyond determining what is right from
the legal aspects of the case, the court
holds that it has no jurisdiction. As TO
the merits of the controversy between
the factions it declares il has no right
10 decide or suggest. 1t declares the ac-
ton of the Republican national conyen-
ton in determining the regularity Of the
conflicting conventions is of no signif-
canoe as guide to the secretary Of
state, or for the state central committee,
since exclusive jurisdiction. as regards
the official ballot, was conferred by the
legislature upon the committee as a
special tribunal
Some of the more pertinent points
In the decision rendered. quoting the
language of the court. are:
The creation of tribunal to determine
such controversies no provision being made
for n judicial review Of its decisions nee
essarily makes its Jurisdiction exclusive and
its decisions unlmpeaChablc. except for jul
risdictional defects; Such tribunal, though
required "a act 1udicially, being an admin
istratiye rather than n judicial body, bias
or interest of its members does not dis
qualify them nor 3aect It's jurisdiction
The decision of the National Republican
convention as to which OF the two sets Of
delegates from this State claiming the right
to represent the Republican party of this
state in such convention was entitled to
recognition is not Of any significance as Il
guide to the Secretary Of State or the com
mittee authorized to determine the fac
tional dispute under said section So, since
the exclusive Jurisdiction thereof, as re-
CARDS the official ballot law, was conferred
by the Legislature upon the latter as a spe-
ciul tribunal, as before indicated.
The tribunal created by the law to deter
mine the factional dispute In question for
the guidance Of the Secretary of state. hay
ing assumed Jurisdiction thereof and dcCid-
ed. free from jurisdictional infrmfties. that
the nominations headed by Robert NJ. Ls.
Toilette for Governor are entitled TO pref
erence In respect 10 the use upon the off
cial ballot of the name Republican Tick
ct II is the duty of he Secretary of State
to act accordingly. certifying both sets Of
nominations to the Tariou County Clerks,
! hut giving to those headed 10y Robert NJ.
/ La Toilette for Governor preference as
! aforesaid.
The foregoing conclusion follows. logical
/ ~ and necesSp lily from the legal aspects OF
| the ease before stated 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. and in
/ vestigate and determine the merits of the
! controversy from that standpoint. 1t has no
/ right to decide or suggest. Duly coHsu'
tuted authority having spoken within its
jurisdiction, II must he conclusiFely pre-
summed, here, TO have spoken rightly
The struggle between the followers
/ OF Gov Robert NJ. la Toilette, who are
! known as the "half-breeds,' and the
"stalwarts." who are headed by Senators
| Spooner and Qnarles, originated somC
time prior to the holding Of the State
convention "a May IS 1904 when tbs
! open rupture between the two factions
occurred. The State central committee
| which issued the call for the convention
/ was composed IF Il chairman and twenty
/ two members. sixteen of whom were all
hercnts Of Coy. La Toilette. The STATE
| central committee in its call for the eoR
venti0n announced that it would acl as
a committee on credentials and dctern int
what delegates were entitled TO seats il
| the convention hall
The stllwarts assert that the State
central committee. acting as committee
on credentials. excluded from the conyen
ton many properly accredited delegates
who were antagonis'ic To La Toilette am
substituted men favorable to him. Ih'
La Toilette followers and the majorit!
of the State central committee declare
this assertion Of the stalwarts to be un
true, and say that no properly accredited
delegate was denied seat and that tn
delegates who We're finally admitted t
participate in the convention were tht
only men from the contested districts en-
titled to the privilege.
Wien the State cenvention met tn
stalwarts withdrew in a body and held
convention of their own, nom . tins
Samuel A. Cook Both conventions nam
ed the same presidential electors. A
the national convention in Chicago th'
stalwart delegates were seated Their
the stalwartS asked the Supreme Cour
TO enioin Secretary Of State Houser from
certifying the candidates named by thu
half-breed convention and placing theii
names on the Republican ticket. On this
issue the decision was rendered.