The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-10-06

been officially certified If be author
lied to represent the party
SiXth-'rhe first clause provides fox
case where only one orsiWo or more
conventions is claimed to have been
held upon call of regular party com.
mittee and the identity OF that one is,
therefore, not in doubt. The second
clause provides for a Gaze where all
conventions are claimed to have been
held pursuant to the call of such and
the same committee by clGating tri.
bunal to decide for guidance for the
secretary of state which set of nomi-
| nees is regular and, therefore, entitled
to the use of the party nafae, such tri-
bunal possessing by familiar rules ex-
elusive and final jurisdiction, save as
hereafter stated.
Claim to Same Party Name.
Seventh-The first clause Of section
S5, statutes of 1898, cannot apply to
this cause because the dominant
feature thereof is existence of a null
tifarious claim to the same party
name," determinable, as before indi-
Gated, by the certifying officer from
his own records, showing the neces-
sary source of regularity
Elghth-While the dominant feature
of such first clause is the existence of
a multifariOus "claim to the same
party name,' one Of such claims only
being based on the "call Of the regu-
larly CONSTITUTED party authorities, .
the dominant feature OF the second
clause is the existence Of a multifa-
rious claim to the same party name y
based on a like claim to the regularity
OF the party convention, each of the
claimants referring necessarily to the
call OF the regularly constituted party
authorities" as in the casein hand.
Ninth - The instant controversy
comes clearly within the second clause
OF said. section 35, answering as it does
every call thereof
(A) Two conventions were held.
CD Each of said conventions made
nominations.
Co Such nominations were duly
certified.
CD Each of said conventions
claimed to be the regular convention
OF the Republican party.
Central Committee Supreme.
Tenth-.It was competent for the leg
islature, in authorizing an official bal
lot and granting to the party nominees
a right to have their names placed
thereon under the party designation,
to subject that right, in case of contro-
versy between two or more sets of
nominees, each claiming the same and
such designation, to decision of the
party tribunal as in said section IS.
Eleventh-The creation of tribunal
to determine such controversies, no
provision being made for judicial re-
4leW Of it's decisions, necessarily
makes it's jurisdiction exclusive and
its decisions unimpeachab]e, except for
jurisdictional defects.
Twelfth-The tribunal answering t,
the call of said section 35 is found tc
exist in the Republican state central
committee, elected at the state conven-
tion of 1902, and duly certified to the
secretary Of state under section 81 of
the statute. therefore jurisdiction of
this court is limited to deciding
whether such committee was or Is
without jurisdiction because of bias
or interest of some of it's members, or
whether it's decision is affected by jul
risdictional defects.
Thirteenth-Such tribunal though
required to act judicially, being an
administrative rather than a judicial
body bias or interest of it's members
does not disqualify them nor affect it's
jurisdiction.
Fourteenth-The decision of the ma
tional Republican convention as to
which of the two sets of delegates
from this state claiming the right to
represent the Republican party there
OF in such convention was entitled to
recognition
Was Not Of Any Significance
as guide to the secretary of state
OR to the committee authorized to de-
termine factional dispute under said
section 35, since exclusive jurisdiction
thereof, as regards the official ballot
law, was conferred by the legislature
upon the latter as a special tribunal,
as be.ore indicated.
Fitteenth-As soon as the nomina-
tions were made by the conventions
and duly certified the rights Of nomi-
nees to places upon the official ballot
under the designation Republican
ticket" became vested in them as rep
resentatives Of their respective organ
iZations, subject to the decision of the
special tribunal aforesaid, as to which
OF the conventions was regular and
such right could, therefore, not be in
any way affected by the determination
of any other tribunal.
SiXteenth-Section 35 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 designa
tiOn sufficiently different from that ac-
corded to the rightful claimant Of the
particular designation to enable the
electors to distinguish such set of ir-
regular nominees fom the regular nom
nations.
La Toilette Ticket Regular.
Seventeenth-The tribunal created
by law to determine the factional dis
pute in question for the guidance of
the secretary of state having assumed
jurisdiction thereof and decided, free
from jurisdictional infrmities, that the
nominations headed by Robert M. La
Toilette for governor are entitled to
preference in respect to the use upon
the official ballot of the name "Repub-
lican ticket, it is the duty Of the sec
retary of state to act accordingly, GER
tifying both sets of nominations to the
various county clerks, but giving to
those headed by Robert M. La Toilette
for governor preference as aforesaid.
Eighteenth-The foregoing conclu-