The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-10-07
WISCONSIN FRACTIONAL FIGHT IS
FINALLY DECIDED BY THE
SUPREME COURT.
FAvoRs La TOILETTE PARTY
OPINION HOLDS THAT STATE CEN.
TRIAL COMMITTEE HAS EN-.
TIRE JURISDICTION.

Madison, Wis, Oct. 6.-The supreme
court has decided that the La Toilette
state ticket Is regular. Three judges,
Marshall, Dodge and Winslow, were
for the La Toilette faction, while Chief
Justice Cassoday dissents. The opin-
ion will be filed later by Justice Mar
shall. After setting forth the facts
alleged in the complaint and answer
the decision continues:
First-Controversy shown to exist
by foregoing sufficiently concerns pre-
negatives of state and affects liberties
of people to be within original juris-
diction of this court.
Second-Such controversy is of so
grave a character and of such public
Importance as to warrant this court in
exercising it's original jurisdiction to
determine right of matter so far as the
door is open for it to do so.
Third-Since the question presented
merely involves the duty Of the secre-
tary of state in performance of an act
expressly enjoined by law it is a judi
cial one.
Fourth-For the present case, the
time not having arrived when the sec
rotary of state is required to make
CCIIlllCdLlOu vi uOL11xdtlOUS, NY 60A-
eral rule there is no remedy at law
tainable at all, is properly brought in
nished another and exclusive remedy.
Nfth-The legislature intended to
| provide for settlement out of court OF
all questions between factions of a
party concerning the right to the party
name upon official ballot by section
IS. Wisconsin statutes, in these words:
Statutes Cover the Case.
"(A) In case of a division in any
| political party and a claim by two or
more factions thereof to the same
party name, the officer with whom the
certificates OF nomination are required
to be filed shall, in certifying such
nomination or preparing ballots, give
preference OF name to the convention
or caucus thereof held pursuant to the
call of the regularly constituted party
authorities, and if the committee rep
~resenting the other factions presents
no other party name such officer may
designate the same in such manner as
will best distinguish the nominations
thereof.
"(B) When two or more conven-
lions or caucuSeS shall be held and the
nominations thereof certified, each
claiming to be the regulation conven'
ton or caucus of the same political
party, preference in designations shall
be given to the nominations of the one
certified by the committee which had
been officially certified to be author
lied to represent the party"
The decision contains eighteen
clauses and covers all the contentious
and the history of the ase. 1t holds
that the decision of the Republican
convention as to which set of dele
gates represented the Republican
party Of Wisconsin was no guide to
the secretary OF state or to the com
mittee authorized to determine the
factional dispute.
In brief, the court holds that the
nominees headed by Governor Robert
M. La Toilette, under the provision OF
Sec. 35, Wisconsin statutes, are enti.
tied to preference on the official Re
publican ballot, although the nominees
of the other faction are also to be Ger.
titled to the county clerks of the state
Both the motion of plaintiff and that
Of the defendant are denied and the
cause is dismissed for want of suffi,
cient facts appearing to constitute q
cause of action.