Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1904-10-07
IA Toilette
Wins HIS FIGHT
Wisconsin Supreme Court
Makes Its De-
Cisi0n.
HOLDS THE TICKET REGULAR
Claims Made BY StaIwarts Are Dis
allow sd-Prominent Stalwart States
That Decision Means Election Of
Democrat in Wisconsin.

LaFolette ticket regular. Three
Judges, Marshall, Dodge and Winslow,
we're for the LaFolette faction, while
Chief Justice Cassoday dissented.
The opinion will be filed later by Jus.
tice Marshall. After setting forth the
facts alleged in the complaint, AMI
in the answer filed, the decision con-
tinIes:
The present controversy comes
clearly within the second clause OF
said section IS, answering, as it does,
every call thereof:
tA)-Two conventions were held.
(B)-Each Of said conventions made
nominations.
(C)-Such nominations were duly
certified.
(D)-Each of said conventions
claimed to be the regular convention
of the republican party.
1t was competent for the legislature,
in authorizing an official ballot and in
granting to the party nominees 4
right to have their names placed
thereon, under the party designation,
to subject that right, in cause Of con.
troversy between two or more sets OF
nominees, each claiming the same
and such designation, to the decision
Of the party tribunal as in said Sec
ton 50.
The creation of tribunal to deter
mine such controversies, no provision
being made for judicial review Of its
decisions, necessarily makes it's juris-
diction exclusive and it's decisions un-
impeachable, except for jurisdiction.
The tribunal answering to the call
of said section IS is said to exist in
the republican state central commit
tee, elected at the state convention OF
1902, and duly certified to the secre-
tary Of state under section 81 of the
statutes, therefore, jurisdiction of this
court is limited to deciding whether
such committee was or is without jur-
isdiction because of bias or interest
If some of it's members, or whether its
decision is affected by jurisdictional
defects.
Such tribunal, though required to
act judicially, being an administrative
'ather that a judicial body, bias, or in
.erest of it's members does not dis
qualify them nor affect it's jurisdiction.
The decision Of the republican ma
:ional convention as to which of the
'wo sets of delegates from this state
claiming the right to represent the re-
publican party thereof in such con-
IGNITION, was entitled to recognition, Is
lot Of any significance as guide to
The secretary of state or the commit
zee authorized to determine the fac
:ional dispute under said section 35,
since exclusive jurisdiction thereof, as
regards the official ballot law, was
conferred by the legislature upon the
after as a special tribunal, as before
indicated.
AS soon as the nominations were
made by the conventions, and duly
certified, rights of nominees to places
lpon the official ballot under designa-
ion Republican ticket" became
vested in them as representatives OF
heir respective organizations, sub
tect to the decision of the tribunals
Aforesaid, as to which of the conven
lions was regular and such right could
therefore be not in any way affected
" the determination Of any other
tribunal.
Section IS of the statutes contem-
plated in all cases mentioned therein
Of conflicting claims as to the use OF
the official ballot Of particular party
designation that one set of the claim
ants shall be given preference thereto,
and each of the others have place on
the ballot under designation sum-
GENTLY different from that accorded to
the rightful claimant of the particular
designation to enable the electors to
distinguish such set of irregular from
the regular nominations.
The tribunal created by law to deter
mine the factional dispute In question
for the guidance of the secretary OF
state having assumed jurisdiction
thereof and decided, free from juris'
dictional infirmlties, that the nominal
tons headed by Robert M. LaFolette
for governor are entitled to prefer
ence in respect to the use upon the
official ballot Of the name "Republi-
can Ticket" it is the duty Of the Sec
rotary Of state to act accordingly, Ger
tifying both sets Of nominations to
the various county clerks, but giving
to those headed by Robert N. LaFol'
latte for governor preference as afore.
said.
At the Wisconsin state convention
held May IS last 1860 delegates were
given seats. OF these 108 were con-
tested. or the uncontested delegates
SIS 1-3 were for LaFollette. The
state central committee, being of La
Toilette sympathy seated but 4S con.
tested "stalwart" delegates, giving La
Toilette a majority. The "stalwarts"
charged unfairness, bolted, nominated
q separate ticket and went into the
supreme court to compel the secretary
of state to put the "stalwart" ticket in
the regular republican column ON the
official ballot