The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-05
UPHELD BY THREE
OF FOUR JUDGES
Continued From First Page.

under the party designation to subject
that right, in case Of controversy be-
tween two or more sets OF nominees,
each claiming the same and such desig-
nation to decision Of the party tribunal
as in said section So. g.. -..r, y. 81.
determine such controversies no provision
being made for judicial review of its de-
cisions. necessarily makes it's jurisdiction
exclusive and it's decisions unimpeachable.
except for jurisdictional defects.
Twelfth--The tribunal answering to the
call of said section IS, is found to exist
in the republican state central committee,
elected at the state convention Of 1902
and duly certified to the secretary of
state under section 81, of section 81 Of the
statutes, therefore jurisdiction of this
court is limited to deciding whether such
committee was or is without juriSdic-
ton, because of bias or interest Of some
Of its members, or whether it's decision
is affected by jurisdictional defects.
Thrteenth-Such tribunal, tho required
to act judicially. being an administrative
rather than a judicial body, bias Or inter-
est of it's members does not disqualify
them nor. affect its jurisdiction.
Chicago Decision Void.
Fourteenth-The decision of national
republican convention as to which of the
| two sets of delegates from this state,
| claiming the right to represent tho repub-
| lican party thereof in such convention,
was entitled to recognition, not of any
| significance, as a guide to the secretary
! Of state Or to committee authorized to
determine factional dispute under said
section 35. since exclusive jurisdic-
ton thereof, regards the official
| ballot law, was conferred by the
legislature upon the latter as a special
tribunal, as before indicated.
Fifteenth-As soon as the nominations
| me do NV mi 6,111y
certified, the rights of nominees to places
upon official ballot under designation re-
publican ticket" became vested in them
as representatives Of their respective or
CARNATIONS, subject to the decision of the
special tribunal aforesaid, as to which OF
| right could, therefore, not be in any way
affected by the determination Of any
other tribunal.
''Regular'' Designation.
Standardization 80 Of the statutes,
contemplated in all cases mentioned
| therein, of conflicting claims to the use
on the official ballot of a particular party
designation, that one set of the claimants
shall be- given preference thereto and each
of the others have place upon the
ballot under a designation sufficiently diff
ferent from that accorded to the rightful
claimant of the particular designation ia
SlldUlC llS clSCtOlS W ulol1HS ulSll ouSIl q
set Of irregular nominees from the regu-
lar nominations.
/ Seventeenth-The tribunal created by
law to determine the factiOnal dispute In
question for the guidance OF the secretary
of state having assumed jurisdiction
thereof and decided free from jurisdic.
tional inirmities, that the nomination.
headed by Robert M. LaFollette for gov.
ernor are entitled to preference in respec
to use upon the official ballot of the name
republican ticket" it is the duty of the
secretary of state to act accordingly, GER
tifying both sets Of nominations to thu
various county clerks, but giving to thos,
headed by Robert M. LaFollette for gov
ernor preference as aforesaid.
: Based on Legal Aspects.
Eighteenth-The foregoing conclusion
follows logically and necessarily from tn
legal aspects Of the case before stated
, What the real right Of the matter in dis
pute might be found to- be, were thi
q court permitted to declare the decision o
the special tribunal, and Investigate am
determine the merits of the cOntrovers
from that standpoint, the court had n
: right to decide or suggest Duly consti
. tuted authority having spoken within it
n Jurisdiction, it must be conclusively pre-
: sumed here to have spoken rightly.
q By the court: Both the motion Of plain
v tiff and that Of the defendant are denie
s and cause is dismissed for want of suf
a fcient facts appearing to constitute
: cause of action.