Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-05

cial ballot Of a particular party designa-
ton that one set of the claimants shall
be given preference thereto, and each Of
the others have place upon the ballot
under designation. sufficiently different
from that accorded to the rightful claim
ant OF the particular designation to en-
able the electors to distinguish such set
of irregular from the regular nominal
tons.
1.-THE tribunal created by law to de-
termine the factional dispute In question
for the guidance of the secretary of state
having assumed Jurisdiction thereof and
decided free from jurisdictional infirmi-
ties, that the nominations headed by Rob srt
NJ La Toilette for governor are entitled to
preference in respect to the use upon the
official ballot. of the name republican
ticket" 1t Is the duty of the secretary
of state to act accordingly, certifying both
sets of nominations to the various county
clerks, but giving to those headed by Rob
ert NJ. La Toilette for governor preference
as aforesaid.
A Logical Conclusion.
IS. The foregoing conclusion follows logi-
cally and necessarily from the legal aspects
o. the case before stated. What the real
right of the matter IN dispute might be
found to be, were this court permitted to
disregard the decision of the special tri-
bunal and investigate and determine the
merits of the controversy from that stand
point, 1t has right to decide or suggest.
Duly constituted authority having spoken
within its Jurisdiction, it must be conclu-
Siyely presumed here to have spoken right
ly.
By the court-Both the motion of the
plaintiff and that of the defendant are de-
MED and the cause is dismissed for want of
Sufnclent facts appearing to constitute
cause of action.
AT the Wisconsin state convention held
May Is last. LOGO delegates were given
seats. OF these los were contested. OF the
uncontested delegates 515 1-3 were for La
Toilette The state central committee being
or La Toilette sympathy, seated but 43 stall
wart delegates. giving La Toilette a ma
Jority. The ''stalwarts charged unfair
ness, bolted. nominated separate ticket
and went into the supreme court to compel
the secretary of state to put the stall
Wart ticket in the regular republican col
umn on the official ballot
Associate Justice Marshall, who will file
the opinion of the court in favor of La Fol-
IStte' is q republican. Judges Dodge and
W1nslow, who join him in this decision
are democrats Chief Justice Cassidy. who
dissents, is republican. The fifth MEM
Der of the court, Judge Siebecker is a
brother-fn-law of La Toilette and 1t ap-
pears that he did not take any part in de-
Gliding the case
Inc differences between the La Toilette
and the Babcock-Spooner-Qu arles factions
OF the republican party in Wisconsin are
or ten years standing If tbis decision
leads to republican union of forces for
the coming election no doubt is expressed
as to the political complexion of the state
There seems to be no reason why the two
Iacuons should not from this time on work
together with at least sufficient harmony
TO place the national ticket beyond the
possibility of defeat as the normal re-
publican majority is estimated at from
$4,000 to 10000.
This decision will place the names of
the electors for President and Vice Pr,sl-
dent on the ticket with the La Toilette
candidates for state offices
III an the elections for the past ten years
III Wisconsin the total vote cast for re-
puohcan and democratic candidates has
peeh divided substantially with 60 per cent
ieRuplcan and 40 per cent democratic
s, ml'oohslh mas been republican state
since 1he civil war. In three campaigns
only, 1875, 1880 and 1892, have the democrats
tecteu their candidates for governor and
tl,eh the election hinged on local issues. In
1877 the state went democratic on President
governor and legislature but if was unon :,
school issue which had given the stare tn
me party two years previously. In 1894
cleveland and Upham republican. vas
erected governor with plurality of 51 ono
over Peck. The republicans then carried
every congressional district for the first
tinle- In all elections for the past ten wears
the republican majorities have ranged from
$1,000 to 10000. During that time the in
teresting fights in the state have not been
democrats he
tween the two factions of the republican
party.
La toilette, republican, in 1902 received for
governor 193,411 votes and Rose democrat
1.o,oIo La Foiiette's plurality was 47599
Inc vote for both parties was $40 235 The
republican vote was approximately a. ner
cent or the total 1t has been estimated that
4o,OO democrats in that election voted for
Id oIiette because of a public Endorsement
given him by Mr.. Bryan on account of Some
or the measures he advocated and that
4oUV republicans of the staIwart faction
voted for Rose, the democratic candidate.
Effect of the Decision.
Among Wisconsin republicans in Wash
lnston the decision of the Wisconsin state
supreme court is regarded as forecasting
without doubt the casting of the electoral
vote OF the state for Roosevelt and Fair
banks. Wisconsin is a republican state
normally. and the only question has been
whether there might be division on the
electoral ticket. There will be no division
among republicans on this ticket
II the decision had been the other way II
Is not asserted that the La Toilette people
would have cut the national ticket, but the
oecision In It's present form makes it GER
tain that there will be no splitting
1t Is the opinion of Wiscontin republicans
OF Doth factions now in Washington that
the republicans will carry Wisconsin on the
national ticket by handsome plurality
1t is yet open to doubt, however what
the outcome will be on the state ticket
Some Wisconsin republicans think that the
anti-La Toilette faction will Withdraw their
state ticket and will content themselves
with voting for the democratic ticket Gov
Peck. ii is said, is entirely acceptabl to the
republicans who oppose Gov. La Toilette as
an alternative to the latter. 1t is predicted
that the anti-La Toilette faction will vote
for the democratic state ticket in the hope
of defeating Gov La Folletta and eliminate