Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-10-13
Ia TOILETTE
Wins HIS FIGHT
Wisconsin Supreme Court
Makes Its De-
cision.
HOLDS THE TICKET REGULAR
Claims Made BY Stalwarts Are Dis
allowed-Prominent Staiwart States
That Decision Means Election OF
Democrat in Wisconsin,.

Madison, WIS.,, oct. 6.-The SUI
preme court yesterday decided the
LaFolette ticket regular. Three
judges, Marshall, Dodge and Winslow,
were for the LaFolette faction, while
Chief Justice Cassoday dissented.
The opinion will be filed later by Jus.
tice Marshall. After setting forth the
facts alleged in the complaint, AMI
In the answer fled. the decision con-
tnueS
The present controversy comes
clearly within the second clause OF
said section 35, answering, as 1t does,
every call thereof:
(A)-Two conventions were held.
(B)-Each of said conventions made
nominations. " ~.
(C)-Such nominations were duly
certified.
(D)--Each of said conventions
claimed to be the regular convention
Of the republican party.
1t was competent for the legislature,
in authorizing an official ballot and In
granting to the party nominees n
right to have their names placed
thereon. under the party designation,
| to subject that right, in cause Of con.
| troversy between two or more sets or
nominees, each claiming the same
and such designation, to the decision
OF the party tribunal as In said sec
ton 3d.
The creation of tribunal to deter
mine such controversies, no provision
being made for judicial review of It's
decisions, necessarily makes It's juris-
diction exclusive and It's decisions I'M
improbable, except for jurisdiction.
The tribunal answering to the call
OF said section 35 Ia said to exist In
the republican state central commit
tee. elected at the state convention OF
1902, and duly certified to the secre-
tary Of state under section 81 OF the
statutes, therefore, jurisdiction of this
court Is limited to deciding whether
such committee was or Is without jur.
| isdiction because Of bias or interest
of some Of its members, or whether Its
decision Is affected by jurlsdictional
| defects.
Such tribunal, though required to
act judicially, being an administrative
rather that judicial body. bias, or In
| terest of It's members does not dis
qualify them nor affect Its Jurisdiction.
The decision of the republican ma
tional convention as to which of tho
two sets Of delegates from this state
claiming the right to represent the re-
publican party thereof in such con-
vention, was entitled to recognition, Is
not Of any significance as a guide to
| the secretary Of state or the commit
| tee authorized to determine the fac
| n.
since exclusive Jurisdiction thereof, as
regards the official ballot law, was
conferred by the legislature upon the
latter rs a special tribunal, as before
indicated.
As soon as the nominations were
made by the conventions, and duly
certified, rights of nominees to places
upon the official ballot under deslgna-
ton Republican ticket" became
vested in them as representatives OF
their respective organizations, sub
ject to the decision of the tribunals
aforesaid, as to which Of the conven-
tons was regular and such right could
therefore be not In any way affected
by the determination of any other
tribunal.
Section 35 OF the statutes contem-
plated In all cases mentioned therein
Of conflicting claims as to the use or
the official ballot Of particular party
designation that one set OF the claim
ants shall be given preference thereto,
and each of the others have a place on
the ballot under a designation suffi'
GENTLY different from that accorded to
the rightful claimant Of the particular
designation to enable the electors to
distinguish such set Of irregular from
the regular nominations. . Vi.
The tribunal created by law to deter
mine the factional dispute In question
for the guidance Of the secretary OF
state having assumed jurisdiction
thereof and decided, free from jnris-
dictional infirmities, that the nominal
lions headed by Robert M. LaFolette
for governor are entitled to prefer
ence in respect to the use upon the
official ballot Of the name "Republi-
can Ticket" 1t is the duty OF the Sec
rotary OF state to act accordingly, Ger
tifying both sets of nominations to
the various county clerks, but giving
to those headed by Robert M. LaFol'
lette for governor preference as afore'
| said o