Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1904-10-14
IA TOILETTE is VICTOR.
Supreme Court of Wisconsin Decides
for Governor in Contest.

for Governor in Contest.
By vote of 5 to / the Supreme Court
of Wisconsin has decided that the IA
Toilette State ticket was the regular
Republican ticket, and that the nominees
Of the La Toilette convention should be
placed on the election ticket as regular
Republicans. By this decision the entire
machinery of the Republicans in the
State for the present campaign is placed
in the hands of the La Toilette faction.
Beyond determining what is right from
the legal aspects of the case, the court
holds that it has no jurisdiction. AS to
the merits of the controversy between
the factions it declares it has no right
to decide or suggest. 1t declares the ac-
ton of the Republican national conven-
hon in determining the regularity of the
conflicting conventions is of no signif-
canoe as a guide to the secretary Of
state, or for the state central committee,
since exclusive Jurisdiction, as regards
the official ballot, was conferred by the
legislature upon the committee as a
special tribunal
Some of the more pertinent points
in the decision rendered, quoting the
language of the court, are:
The creation of a tribunal to determine
such controversies, no provision being made
for judicial review of its decisions, nee
essarfly makes it's jurisdiction exclusive and
its decisions unimpeachable, except for jul
required to act judicially, being an admin
lstratlve rather than a judicial body, bias
or Interest of it's members does not dis
qualify them nor affect its jurisdiction.
The decision of the National Republican
convention as to which of the two sets of
delegates from this State claiming the right
to represent the Republican party of this
State in such convention was entitled to
recognition is not of any significance as a
guide to the Secretary of State or the COM
mittee authorized to determine the fac
tional dispute under said section 80, since
the exclusive jurisdiction thereof, as re-
CARDS the official ballot law, was conferred
by the Legislature upon the latter as spe
cial tribunal, as before indicated.
The tribunal created by the law to deter
mine the factional dispute in question for
the guidance of the Secretary of State, hav
ing assumed jurisdiction thereof and decid-
ed, free from jurisdctional infirmities, that
the nominations headed by Robert NJ. La
Toilette for Governor are entitled to pref
erence in respect to The use upon the Off
cial ballot Of the NJ ne Republican Tick
et," it 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 Robert M.
La Toilette for Governor preference as
aforesaid.
The foregoing conclusion follows, logical
ly and necessarily, from the legal aspects Of
the case before stated. What the real right
of the matter in dispute might be found to
be- We're this court permitted to disregard
the decision of the special tribunal, and in
yestigate and determine the merits of the
controversy from that standpoint, it has no
right to decide or suggest. Duly consti-
tuted, authority having spoken within its
jurisdiction, it must be conclusfvely pre-
sumed, here, to have spoken rightly.
The struggle between the followers
of Gov. Robert NJ. La Toilette, who are
known as the "half-breeds," and the
"stalWarts," who are headed by Senators
Spooner and Quarles, originated some
time prior to the holding Of the State
convention on May IS, 1904, when the
open rupture between the two factions
occurred. The State central committee,
which issued the call for the convention,
was composed of a chairman and twenty
two members, sixteen of whom were adj
herents Of Gov. La Toilette. The State
central committee in it's call for the con-
yention announced that it would act as
a committee on credentials and determine
what delegates were entitled to seats IN
the convention hall.
The stalwarts assert that the State
central committee, acting as Il committee
on credentials, excluded from the conyen-
ton many properly accredited delegates
who were antagonistic to La Toilette ana
substituted men favorable to him. The
La Toilette followers and the majority
of the State central committee declare
this assertion Of the stalwarts to be I'M
true, and say that no properly Accredited
delegate was denied a seat and that the
delegates who were finally admitted to
participate in the convention were the
only men from the contested districts en-
titled to the privilege.
When the State convention met the
stalwarts withdrew in body and held a
conv ention of their own, nominating
Samuel A. Cook. Both conventions nam
ed the same presidential electors. At
the national convention in Chicago the
stalwart delegates were seated. Then
the stalwarts asked the Supreme Court
to enjoin Secretary of State Houser from
certifying the candidates named by the
half-breed convention and placing their
names on the Republican ticket. On this
issue the decision was rendered