Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-05
A TOILETTE WINS
N SUPREME COURT
Wisconsin Judiciary Upholds
His Right to Appear on
Ballot as Regular
NOTABLE EVENT IN WISCONSIN
Railroad influence In Credentials Com
nittee of National Convention Turn
cd Down His Delegates and Admit
ted the Boilers But Supreme Court
Now Says LaFolIette Is Regular.

Madison, Oct. 5.-"LaFollette wins
in the supreme court decision in Wis
consn republican factional case" is
the cheering news that was flashed over
this state today. The decision was eX-
pected and yet there was suspense and
uncertainty.
Governor LaFollette was nominated
by the regularly called convention of
republicans. His followers insisted up
on the state central committee pass
ing upon the contested seats of dele
controlled the state central committee
the old time ring Of railroad politicians
led by the United States senators held
a rump convention. and nominated an
other republican ticket The credeE-
tials committee of the republican ma
tional convention, composed mostly OF
railroad politicians, seated the ma
tional delegates of the rump conven-
ton. LaFollette, however, appealed to
the supreme court Of the state of Wis
consin to determine the right of the
nominees of his convention to appear
on the official ballot as republican,.
The statute seemed clear in it's desig-
nation as regular the nominees of
regularly called convention, and the
supreme court SO decided. Voters in
Wisconsin will find LaFollette's name
as the republican candidate in the
regular republican column on the bal
lot while the nominee OF the boilers
will have to be content with some other
kind of republicanism to designate his
ticket.
The Decision.
Judges Marshall, Dodge, and Winslow
rendered the opinion, Chief Justice
Cassoday dissenting.
After setting forth the facts alleged
in the complaint, and determining the
court has Jurisdiction in the case, the
in the present case, when the secretary
of state is required to make a certlt1-
cate of nominations. BY the general
rule there is no remedy at law by
mandamus and the action is properly
brought in equity. The Legislature In
tended to provide for settlement out
of court of all questions between fac
tions of party concerning the right to
the party name upon the official ballot
by the following section of the Wis
consin statutes: I'm case OF a dlvl-
sion i'm 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 con-.
vention or caucus thereof held pur-
suant to the call of the regular consti-
tuted party authorities ana II the
committee representing the other fac
ton present no other party name such
officer may designate the same IN such
manner as will best distinguish the
nomination thereof.
when two or more conventions or
caucuses shall be held and the nomi-
nations thereof be certified, each claim
ing to be the regular convention or
caucus of the same political party,
preference in designation shall be Civ
en- to the nominations of the one cer-
titled 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 tribunal.
answering to the call, is found to exist
in the republican state central COM
mittee elected at the state convention
Of 1902. and duly certified to by the
secretary of state:
The court says in conclusions: What
the real flSnl OIL tHe illdltel III dlspu.S
might be found to be, were this court
permitted to disregard the decision of
the special tribunal Central commit
tee) and investigate and determine the
merits of the controversy from that
standpoint, it has no right to decide or
suggest, the duly constituted authority
having spoken within it's jurisdiction
and it must be conclusively presumed
here to have spoken rightly.
The court holds that it is the duty
of the secretary of state ta~~ertify both
sets of nominations to the various
county clerks, giving those headed by
LaFollette for governor the prefer
ence in respect to use upon the official