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


such convention was entitled to recog-
milton, is not of any significance as a
guide to the secretary of state or to
the committee authorized TO determine
the fractional dispute. Under said sec
ton 80, since exclusive jurisdiction
thereof as regards the official ballot
law was conferred by the legislature
upon the latter as a special tribunal,
as before indicated
Fifteenth-As soon as the nomina-
tions were made by the conventions
and duly certified rights of nominees
to places upon official ballot under
!! designation Republican Ticket" be-
came vested in them as representative
of their respective organizations, sub
ject TO the decision of the special tr.-
bunal aforesaid, as to which OF the
conventions was regular and such right
could therefore not be in any way at
fected by the determination of any
other tribunal.
Statutes Interpreted.
Standardization 80 Of the stat
utes contemplated in all cases mem,
toned therein of conflicting claims
as to the use on the official bal.
lot of 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 a designation sufficiently
different from that accorded to the
rightful claimant of the particular des-
ignation to enable the electors to dis
tinguish such set of irregular from the
regular nominations.
Seventeenth-The tribunal created
by law to determine the faction
al dispute in question for the
guidance Of the secretary of state
having assumed jurisdiction there
OF and decided, free from iurisdic-
tonal infirmities. that the nominations
headed by Robert NJ. La Toilette for
governor are entitled to preference In
respect TO the use upon the official bali
lot Of the name Republican ticket. >"
1t is the duty of the secretary of state
to act accordingly. certifying both sets
of nominations TO the various county
clerks. but giving to those headed by
Robert NJ. La Toilette for governor
preference as aforesaid.
Logical Conclusion.
Eighteenth-The foregoing conclu-
sion follows logically and necessari-
~ from the legal aspects Of
the case before stated. What the
real right IN the matter in dispute
might be found TO be were this court
permitted TO disregard the decision of
The special tribunal and investigate ana
determine the merits OF the contrOver-.
sy from that standpoint. it has not
right to decide or suggest. Duly con-
stituted authority having spoken with
in its Jurisdiction it must be conciu-
sively presumed here to have spoken
rightly.
BY the Court-Both the motion Of
plaintiff and that OF the defendant are
denied and the cause is dismissed for
want of sufficient facts appearing to
constitute cause of action.
At the Wisconsin state convention.
held May is last. 1860 delegates were
given seats. OF these los were con-
tested Of the uncontested delegates
5l0 l-3-were for LA Toilette The state
central committee. being OF. La Toilette
sympathy. seated but forty-three con-
tested "Stalwarts delegates giving
la Follett majority TIE .S.alwarts''
charged unfairpess. bolted. Nominated
q separate ticket and went into the SUI
preme court TO compel the secretary of
state to put the "StalWarts" ticket in
une regular Republican column on the
official ballot