The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1904-10-14
COURT DECIDES FOR
GOV. LAFOLLETTE
Wisconsin's Fighting Governor
Wins His Critical Battle
in the Court.
COOK WILL LIKELY QUIT
Stalwart Candidate for Governorshp Is
Expected to Withdraw, and the
Way Seems Clear for La
FolIette's Election.

Madison, Wis, Oct. 7.--Governor La
Follatte wins in the supreme court de-
cision in the Wisconsin republican fac
tional case.
Judges Marshall, Dodge and Winslow
rendered the opinion, Chief Justice Cas-
soway dissenting. After setting forth
the facts alleged in the complaint. and
determining that the court has juris-
dictiOn in the case. the decision says
the 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 a 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
utcS:
The Law in the Case.
''In' case of the division of any polit-
ical party, and the claim of two or
more factions thereof to the same
party name, the officers with whom GER
titicates Of nomination are required to
be filed shall, in certifying such NOM
nation or preparing the ballots, give
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
manner as will hest 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-
| off 1n col
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 conven-
| ton of 1902 and duly certified to by the
secretary Of state
Court Sustains LaFoIlette.
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 the 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 We're this court
permitted to disregard the decision of
| the special tribunal (the central COM
mttee) and to investigate and de-
termine the merits of the controversy,
| is not decided. The duly constituted
authority having spoken, within it's
jurisdiction it must be conclusively
presumed here to have spoken rightly
At the state convention held May
13 last, 1,060 delegates We're given seats
and of these los We're contested. The
state central committee being of La,
| Toilette sympathy, seated but forty
| three contested stalwart delegates, Civ,
| ing LaFollette the majority. The stall,
warts charged unfalrness, bolted, NOM.
! mated a separate ticket. and went into;
the supreme court to compel the secre-i
tary of state to put the stalwart ticketi
in the regular republican column on the,
official ballot. The stalwart delegates
| to the national convention were seated.
If the opinions which have been ex-i
pressed for weeks past are worth any;
thing, Governor LaFollette's legal VIC
tory will mean his election for the third
time as governor of Wisconsin. 1t has
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
Peck democrat. and the rest for La
Toilette. There is no doubt that LaFol-
lette will poll a large democratic vote.
The state convention split over it's or
ganization, and the stalwarts bolted,
headed by Senators Spooner and
| Quarles. Holding rump convention
in 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, each seated enough contesting
/ delegations of it's 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 it, The LaFollette people
walked out Of the room of the conven-
TONS committee on credentials because
they We're certain they would not get
a fair hearing. The committee decided
against them.
Then the secretary of state being the
official who prepares the tickets for the
Australian ballot, was stopped from
certifying the LaFollette ticket-that
ticket representing the faction with
which he is affiliated-by court pro-
cess in the supreme court. The court
has had the case under consideration
ever since, trying to reach 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-1aw of La Toilette,
declined to sit in the case, and the
other four Judges decided it.