Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1904-10-14
COURT DECIDES FOR
GOV. L~AFOlLETTE
Wisconsin's Fighting Governor
Wins His Critical Battle
in the Court.
COOK WILL LIKELY our
Stalwart Candidate for G~overnorship Is
Expected to Withdraw, and the
Way Seems Clear for La
Foilette's Election.

Madison, Wis, Oct. T.-Governor La
Toilette win in the supreme court de-
.cision I'm the Wisconsin republican fac
tional case.
Judges Marshall, Dodge and Winslow
rendered the opinion, Chief Justice Cas-
Soway dissenting. After setting forth
h facts alleged in the complaint. and
determining that the court has iuris-
diction in the case. the decision says
Il time has not arrived in the present
case. when the secretary of state is re-
Quired TO make the certificate of nom
nations. By the general rule there's
no remedy at law by mandamus, and
the action is properly brought in
equity.
The Legislature intended to provide
for q settlement out Of court of all
questions between the factions of a
party concerning the right to the party
name upon the official ballot. by the
following section of the Wisconsin stat
utes;
The Law in the Case.
"In case of the division of any polit-
zeal party, and the claim of two or
more factions thereof to the same
party name, the officers with whom GER
~tifcates of nomination are required to
be fled shall, in certifying such nom
VI R4NRNAA AAAC NAlC ~ SlfS
the preference of the name to the con-
vention or caucus thereof held pursuant
to the call of the regularly constituted
party authorities, and If the committee
representing the other faction shall
present no other party name, such Off
Ger may designate the same in such
as will best distinguish the
nomination thereof. When two or more
conventions or caucuSes shall be held
and the nominations thereof certified,
each claiming to be the regular con-
vention Oh caucus of the same political
party, preference in the designation
shall be given to the nominations OF
the one certified by the committee
which had been officially certified to be
authorized to represent the party"
The decision says the present case
comes clearly within the second clause
of the above section. and that the tri-
bunal answering to the call Is found to
exist in the republican state central
committee elected at the state conyen-
ton of 1902 and duly certified to by the
secretary of state.
Court Sustains LaFolIette.
The court holds that it is the duty Of
the secretary of state to certify both
sets of nominations to the various
county clerks, giving those headed
by LaFollette for governor the prefer
ence in respect to h use upon the Of
fetal ticket of the name Republican
ticket"
The court says in conclusion: What
the real right In the matter in dispute
might be found TO be were. his court
permitted to disregard the decision of
the special tribunal (the central COM
mitteel and to investigate and de-
termine the merits of the controversy,
is not decided. The duly constituted
- ~ A-s{xy kax,s.- rlAInY, r,tfls- a.
jurisdiction 1t must be c~onclusively
presumed here to have spoken rightly"
At the state convention held May
IL last, 1,060 delegates were given seats,
and of these los were contested. The
state central committee being of La
Toilette sympathy, seated but forty
three contested stalwart delegates, CIV
ing LaFolfette the majority. The stall
warts charged unfafrness, bolted, NOM
mated a separate ticket, and went into
the supreme court to compel the secre-
tary of state to put the stalwart ticket
in the regular republican column on the
official ballot. The stalwart delegates
to h national convention were seated.
If the opinions which have been ex-
pressed fot weeks past are worth any
thing, Governor LaFollette's legal vic
tory will mean his election for the third
GAAAS1 No ~ a. vi w - ~ AAe0i
been repeatedly said that Cook, the
stalwart republican nominee, would
withdraw If the court decided the ball
lot in favor OF LaFollette. If he does,
the more radical stalwarts will vote for.
Feck, democrat, ana the rest Tor La
Toilette. There is no doubt that LaFol-i
lette win poll a large democratic vote.
The state convention split over It's or
g~anization, and the stalwarts bolted,
headed by Senators Spooner and
Quarles. Holding a rump convention.
in a hall they had hired the day pre-
vious, they named Cook for governor.
The other convention nominated La
Toilette. Each convention claimed to,
be legal, Zach seated enough contesting
delegations of its own faction to make
an apparent majority of the total num-
Der entitled to sit.
The republican national committee,
decided that the stalwart delegation to
the Chicago convention was regular,
and seated 1t. the LaFoliette people
walked out of the room of the onven
tons committee on credentials because,
they were certain they would not get
a fair hearing. The committee decided
against them.
Then the secretary OF state being the
official who repares the tickets for the
Australian ballot, was stopped from
certifying the LaFollette ticket-that
ticket representing the faction with
which he Is a~ffiliated--by a court pro-
cess in the supreme court. The court
has had the case under consideration
e since, trying to reach a decision
which is the regular ticket and entitled
TO appear on the ballot under the re-
publican party's name Justice Sic
becker. a brother-in-law of La Follette.i
declined to sit in the case, and the
other four judges decided 1t.