Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1904-08-15
SET FOR sEPTEM-
Der 6.
EXHAUSTIVE COMPLAINT
Matter to be Heard in an Equity Pro-
ceeding Which Permits Full Con-
sideration of the Case on Its
Merits.

Z
the party designation on the official
ballot. Later in the day Secretary OF
State Houser acknowledged service of
complaint. He has 20 days, exclusive
of the day of service, in which to
make answer. He determined he
would contest the suit and take the
position that it is his duty to continue
to maintain the regularity Of the adj
ministration ticket. He has retained
as his attorneys H. w. Chynoweth and
r. Nj. Bashford of Madison and John
Barnes of Rhinelander. On or before
August 20 the answer will be filed. 1t
will take issue with the complaint on
almost every set of facts therein con-
tanned. Permission to bring the suit
was granted by the supreme court.
Chief Justice Cassoday and Justices
Siebecker and Winslow were on the
bench, the other judges being out of
the city.
Instead of being a suit for an alterna-
tive writ of mandamus, the action
brought is in equity and is demand
for mandamatory injunction. The
relief prayed for is included in the last
clause of the complaint and simply de-
mands that the state ticket headed by
S. A. Cook be forwarded to county
clerks to be placed on the official ballot
instead of the ticket headed by Gov.
Robert NJ. La Toilette.
Special demand is made in the COM
plant that the order on Secretary OF
State Houser direct that the national
electors be placed in the column above
the Cook ticket, if that be held to be
the regular ticket. The undoubted OBJ
ject for this demand is to meet a con-
tingency threatened by the halfbreeds
that some of the national electors
would not run in a column above the
stalwart state ticket, even should that
ticket be declared regular.
In the bringing Of an equitable ac-
ton the anti-La Toilette leaders claim
opportunity is given for a review OF
the entire case in the supreme court
to an extent which would not have
been afforded in the common law writ
of mandamus.
The scenes in the supreme court this
morning when the action was brought
were purely formal. Attorney ]. NJ.
Olin, addressing the court, said he de-
sired leave to bring action in the SUI
preme court to restrain the secretary
of state, Walter L. Houser, from plac-
ing the names on the La Toilette ticket
in the republican column on the Of
fetal ballot and ordering the names on
the ticket headed by S. A. Cook placed
in that column on the ballot.
Ordinarily, Mr.. DIN said, it would
be customary to request that such an
action be brought by the attorney gen.
eral of the state in behalf OF the real
parties in interest. No request,
had. however. been made on the attor-
ney general to begin the suit, Mr.. DIN
said. for the reason that he was the
nominee for attorney general on one OF
the contesting tickets and therefore a
party of interest in the case. Two
cases were cited by Mr.. DIN in behalf
of his contention that the action could
be brought without the intervention
of the attorney general wien said Of
At The conclusion of Mr.. Olin's
ficer was interested in the outcome OF
the suit. Mr.. DIN said he supposed
an undertaking for costs would be re-
auired. and declared he was ready to
offer such an undertaking.
AT the conclusion of Mr.. Olin's
speech the judges conferred together
in wbispers. and the first official an
nouncement from the court that the &C
ton would be permitted was state
ment from Chief Justice Cassoday:
1--WE think bond of $500 will be
sufficient to cover the costs Of the
action"
The clerk was then directed to enter
the order permitting the suit to be
brought and the court crier adjourned
q ten-minutes session of the court, dur
ing which. in a few words, a suit had
been begun fraught with as much if not
more interest probably than any action
in which the court has ever sat.
In the talk preceding the issuance of
the order Chief Justice Cassoday asked
Mr.. DIN when it was desirable the
case should be taken up for argument.
Mr.. Olin said although it was wished
that there be a speedy decision in the
case. as twenty days must be given the
defense to answer in the suit, he could
see no reason TO ra hearing before the
next meeting of the court, on Sept. 6.
The chief justice said this would be
the most convenient for the court, as
one of the judges had not arranged TO
return to Madison before that day.
The argument was then set for Sept.
6. and the court adjourned.
The papers filed by Mr.. DIN COM
prise a formal complaint asking for
the mandatory and restraining injunc-
ton, together with a petition, in the
nature of his remarks to the court for
the order permitting the bringing OF
the suit. The complaint comprises