The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-06
LA TOILETTE WINS IN COURT,
HIS TICKET ENTITLED TO THE
NAME "REPUBLICAN."

Wisconsin supreme Court Upholds the
State Committee and Oyerrules the
National Conventions. A. Cook,
Head OF stalwart Ticket, to Resign.
MADISON, Wis, Oct. 5.-By vote Of 8 to
the Supreme Court Of Wisconsin to-day
decided that Gov. Robert M. La Toilette
and his followers are entitled to be called
Republicans" on the official ballots Of the
State at the November election.
In accordance with his decision announced
some time ago to withdraw if thedecision
went against him, S. A. Cook, Stalwart
candidate for Governor, is expected to
resign tomorrow. He had a conference
here to-day with Senator Spooner but
said that he had not yet decided whether
to, withdraw, but it Is known that he will
and that ex-Gov. Edward Scofield will be
appointed by the Stalwart State central
committee to succeed him. The Stalwarts
have decided to continue the campaign
against La Toilette with third ticket.
Justices Dodge, Winslow and Marshall
supported the La Toilette faction, Chief
Justice Cassoday dissenting. Justice Sieb-
ecker. the fifth member of the court, who
is La Follette's brother in-law refused to
sit in the case.
The action was brought in equity by
adherents of s. A. Cook. the "Stalwart"
nominee for Governor, and was to restrain
Secretary of State Houser from certifying to
the County Clerks the names Of the La Fol-
lette candidates as the regular Republicans.
In answering the suit. the Governor 9
followers commended that the proceedings
of the convention which renominated
La Toilette were regular, that the conven-
ton was the only body with power to name
candidates and further that the court had
no jurisdiction in the matter
The opinion filed by Justice Marshall
asserts the right Of the court to consider
a controversy "of so grave a character
and Of such public Importance" and pro-
ceeds to base its decision on this section
from the Wisconsin statutes;
cuses shall be held and the nominations
thereof certified, each claiming to be the
regular. convention or caucus OF, the same
bs the Of hs one
certified By the committee which had been
officially certified to be authorized to repre-
sent the party.
The decision then goes on to uphold the
right OF the State committee chosen at the
convention Of 1902 to decide which Of the
two Republican conventions of 1904 Is
regular In part. the court says:
The decision of the national Republican
convention as to which of the two sete Of
delegates from this State. claiming the right
to represent the Republican. party thereof
milton. is not of any significance as a guide
to the Secretary of state or to the committee
authorized to determine the fsctional dis
pute. since exclusive jurisdiction thereof,
as regards the official ballot law. was conferred
by the Legislature upon the latter as a special
tribunal. as before indicated.
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
that the nominations headed by Robert NJ.
La Toilette for Governor are entitled to
preference in respect to the use upon the
off1cial ballot Of the name Republican ticket"
II is the duty Of the Secretary of State to act
accordingly, certifying both sets Of nom-
nations to the various county clerks, but Civ
ing to those headed by Robert NJ, La Fol-
lette for Governor preference, as aforesaid
The foregoing conclusion follows logically
and necessarily from the legal aspects OF the
case before stated. What the real rights Of
the matter in dispute might be found to be-,
were this court permitted to disregard the
decision Of the special tribunal, and inves-
tlgate and determine the merits Of the con-
troversy from that standpoint 1t has no
right to decide or suggest. Duly constituted
authority having spoken within it's juris-
dicton. II must be conclusively presumed
here to have spoken rightly.