Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-10-05

rather than q Judicial body Mas on IN
tefest of its members does not disquali-
Isl them nor affect ts Jurisdiction.
little decision of the national Re
publican convention ag 10 which OF the
tWo sets 0f delegates from TINS state
claiming the hight 90 represent the Re-
publican party thereof iu such conven-
lion was entitled To recognition Ia not
of any significance as guide 90 lht
secretary of state or 10 the committee
authorized to determine the iuctional
DISPUTE. Under said section 3D., since
oXcusVe Jurisdiction thereof as regards
the official ballot llW, vas conferred
hy the Legislature upon the latter as "a
special tribunal us before indicated
AS soon ri The nominations We're
made by the conventions ANA duly oer-
tlhed rights of nominees 70 places up~
on onlcnl ballot under designation IKE
publican ticket became vested I'D tneli
as representatives of their respective
organizations, subject TO the decision or
the special tribunal aforesaid, as 10
which OF tho conventions was regular
aud such right could therefore not DE
IN any way affected by the deleiiniha-
ton Of any other tribunal
iG--sectlon So Of the statutes contem.
plated IN all cases mentioned therein or
conflicting claims as to The use on the
Official bnllot of a party Designation
that one set OF the claimants shall be
given preference thereto and each OF
the others have a place upon the BAL
lot under designation sufficiently dit-
ferent from that accorded TO The rlght-
fu claimant Of the particular deslsnG,-
lion To- enable the electors TO distinguish
such set OF irregular from the regular
nominations.
1.-THE tribunal cheated by law TO de-
termine the factional dispute in Ques-
ton for the guidance of the secretary
Of state having assumed jurisdiction
Hereof and decided, free from Iursdlc-
flonal ihdrmlties. that the nominations
headed by Robert N la Toilette for
rovernor are entitled 10 preference IN
respect 10 the use upon the official bal.
lot Of the name Republican Ticket
II Ia the duty Of the secretary of state
10 act accordingly certifying both sets
Of nominations 10 the various county
clerks but giving TO those headed by
Robert Nj la Toilette for governor pre-
ference as aforesaid.
l8-The foregoing conclusion follows
Logically and necessarily, from the legal
npects Of the case before stated What
the real right 90 the matter IN dispute
might be found to be were this court
permitted TO disregard the decision OF
the special tribunal and investigate and
determine the merits Of the contro'
versy from that standpoint, II has no
right 10 decide or suggest. Duly COM
stltuted authority having spoken With
in rs Jurisdiction Il must be conclus-
lively presumed here TO have spoken
Rightly
By the court--Both the motion of
and that Of the defendant are
denied. and the cause Is dismissed for
want Of sufficient facts appearing to |
constitute q cause Of action.
At the Wisconsin state convention |
held MAY 18TH last 1860 delegates were |
given seats OF thes los were contest
ed. OF the uncontested delegates
SIS LIS we're for La Toilette. The state
central committee being OF Ia Toilette |
sympathy, seated but 43 contested
'stalwarts" delegates, giving la Fol-
lette majority. The "Stalwarts'
unfairness, boted nominated
d separate ticket and went into The SUI
preme court 10 compel the secretary OF
state put the "stalwarts' ticket In the
regular Republican column on the otii-
aial ballot,