The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1904-10-06
WISCONSIN SUPREME COURT DE
clDEs REPUBLICAN FAC.
TIoNAL CONTEST.
Chief JUSTICE CAssoDAY DISSeNTs
OPINION HOLDS STATE CENTRAL
COMMITTEE HAS ENTIRE
T
JURISDICTION.


court has decided that the La Toilette
state ticket is regular. Three judges
Marshall, Dodge and Winslow, were
for the La Toilette faction, while Chic
Justice Cassoday dissents. The opin
ion will be filed later by Justice Mar
shall. After setting forth the facts
alleged in the complaint and answer
the decision continues:
First-Controversy shown to exis
by foregoing sufficiently concerns pre-
negatives of state and affects liberties
of people to be within original juris
diction of this court.
Second-Such controversy is of 81
grave character and of such public
importance as to warrant this court in
exercising its original jurisdiction tt
determine right of matter so far as the
door is open for 1t to do so.
Third-Since the question presented
merely involves the duty of the secre
tary of state in performance of an act
expressly enjoined by law it is judi
cial one.
Fourth-F'or the present case, the
time not having arrived when the sec
vi oLdlC 10 iSduAtS W hieshN
certitication of nominations, by gen
eral rule there is no remedy at law
by mandamus; hence action, If main
tainable at all. is properly brought in
equity. if the legislature has not fur
nished another and exclusive remedy
Fifth-The legislature intended to
provide for settlement out of court ol
all questions between factions of a
party concerning the right to the party
name upon official ballot by section
S5. Wisconsin statutes, in these words /:
Statutes Cover the Case.
"(A) In case of division in any
political party and claim by two or
more factions thereof to the same
party name, the officer with whom the
certificates of nomination are required
to be filed shall, in certifying such
nomination or preparing ballots, give
preference OF name to the convention
or caucus thereof held pursuant to the
call of the regularly constituted party
authorities, and if the committee rep.
resenting the other factions presents
no other party name such officer may
designate the same in such manner as
will best distinguish the nominations
thereof.
"lB) When two or more conven.
tions or caucuses shall be held and the
nominations thereof certified, each
claiming to be the regulation conven-
tion or caucus of the same political
party, preference in designations shall
be given to the nominations of the one
certified by the committee which had
been officially certified to be author.
ized to represent the party"
Giyth-Thn irct clnncn nrnuidnc for
q case where only one or two or more
conventions is claimed to have been
held upon call of regular party com
mittee and the identity of that one is,
therefore, not in doubt. The second
clause provides for a case where all
conventions are claimed to have been
held pursuant to the call of such and
the same committee by creating a tri-
bunal to decide for guidance for the
secretary of state which set of nomi.
nees is regular and, therefore, entitled
to the use of the party name, such tri-
bunal possessing by familiar rules ex.
elusive and final jurisdiction, save as
hereafter stated
Claim to Same Party Name.
Seventh-The first clause of section
25, statutes of 1885, cannot apply to
this cause because the dominant
feature thereof is existence of a mul
Hilarious claim to the same party
name" determinable, as before indi
Gated, by the certifying officer from
his own records, showing the neces
sary source of regularity.
Eighth-While the dominant feature
of such first clause is the existence OF
q multifarious "claim to the same
party name," one of such claims only
being based on the call of the regu
larly constituted party authorities"
the dominant feature of the second
clause is the existence of a multifa
rious "claim to the same party name" :"
based on a like claim to the regularity
of the party convention, each of the
claimants referring necessarily to the
"call of the regularly constituted party
authorities" as in the case in hand.
Ninth The instant controversy
comes clearly within the second clause
of said section 35, answering as it does
every call thereof.
tA) Two conventions were held.
OBJ Each of said conventions made
nominations.
tC) Such nominations were duly
certified.
tD) Each of said conventions
claimed to be the regular convention
of the Republican party.
Central Committee Supreme.
Tenth--It was competent for the leg
islature, In authorizing an official bal
lot and granting to the party nominees
a right to have their names placed
thereon under the party designation
to subject that right, in case Of contro
versy between two or more sets oi
nominees, each claiming the same and
such designation, to decision OF the
party tribunal as In said section 35.
Eleventh-The creation Of tribunal
to determine such controversies, nc
provision being made for judicial re-
view OF its decisions. nece1sartH