The Montgomery advertiser., 1904-10-06
WISCONSIN PARTY FIGHT
 MAY ELECT JUDGE PARKER.
Whichever Way Court Decides Demo-
 crats Will Be Aided.

Whichever Way Court Decides Demo-
 crats Will Be Aided.
 Chicago Staff Correspondent Brooklyn
 Eagle.
 Whichever way the sympathies of the Roosevelt administration may lie in the SpoonerLa Toilette controversy in Wisconsin, Its political interests neces- sitate the carrying of the names of the thirteen Republican candidates for Presidential electors on both the Cook and the LaFollette State tickets. Any adjustment, legal or political. of the Wisconsin Republican difficulty that may be made without providing a dou- ble chance, the one for the "stalwarts," the other for the "halfbreeds," to vote in separate ways and without inter changeable benefits for the National Republican ticket, will give the State to Judge Parker.
 The accuracy of this statement is patent to everybody who knows the facts. Taken in conjunction with the kr own intention of administration Re- publicans to carry Wisconsin at all hazards, and the present doubtful status of the litigation In the Wiscon- sin Supreme Court, the situation af- lords a subject of the gravest appre- hension to patriotic men old enough to know the history of the Tilden- Hayes contest, and its shameful end.
 Wisconsin may hold the balance of power in the electoral college. That contingency is at this moment before the eyes of the Republican national leaders. Judged by the result of the election In Maine and the development of the campaign in other States, 1t Is a not all vote for President Roosevelt. Wisconsin Situation of National Con-
 The placement of the Wisconsin vote Is therefore legitimately subject to ex traordinary solicitude in both parties. It is matter of national concern to have no cloud upon the legality of the election in that State. The Wisconsin Supreme Court stands very high in the interstate judiciary and it Is to be un- hesitatingly presumed that its members fully appreciate the possibilities in- vOlved in the Spooner- La Toilette case.
 The statutory law of Wisconsin (par agraph 46. section 3S). lays down ex- plicitly the prohibition that no candi- date. for elector or any other ofice, can run under two party designations. The La Toilette faction contends that this question is outside the Jurisdiction of the State Supreme Court. The admin istration has raised, outside the court the broad question of public policy and constitutional right which would be in- volved by a decision disfranchising the voters -oS either faction. The court may when it meets on October IS, hand down a decision favorable to the 'Stal- warts" or the half breeds" or 1t may decline Jurisdiction. The first course would probably result in the triumph of the Democratic electors, but 1t would afford the opportunity for Re- publican contest in the United States would require the adjudication of the controversy by the Secretary of State who might, or might not, so adJudl- cate it as to protect the interests Of the Republican candidate for President, according to his interpretation of the law which the Supreme Court had fail ed to interpret.
 It Is enough to suggest that the situ- ation in Wisconsin today points to the casting of it's electoral vote for Judge Parker and that this situation can only be changed, so far as present indica- tons show, by judicial annulment of the statutory law in the Spooner-L La Toilette case. or by the action of Renublican official who may, presum- ing upon the Supreme Courts possible lack of Jurisdiction. be court unto himself In either event, Democrats of exnerience in Republican election liti- cations can see possibilities of trouble for Judge Parker If Wisconsin holds inc balance of power and casts its electoral vote for him. Neither will they all vote for Judge Parker.
 Tine indications, which seem reason abie To well informed Republicans, are that Illinois, Indiana, ldaho, Nenraska, Rhode Island, Utah and west virginia, will return Republican pluraIltles and that Colorado, ConHSStL tLSN N'' 1i e' Montana, Nevada, New Jersey ana New York will return Democratlc-ToIur ties The other States remaining nrm in their party alignment, the Repuo- licans would have, under these clrcum- stances. 2S2 electoral votes without Wisconsin, and the Democrats 2Sl' without wisconsin. as follows;
 Republican-Californ lOi toAno' o' Illinois. 27; Indiana, IS; Iowa, lS' Kan sas 10: Maine. G. Massachusetts l6; Michigan. I4: Minnesota. II; Nebraska, S: New Hampshire, I; North Dakota' 4 ohio 23: oregon, 1; Pennsylvania S4' Rhode Island. {; South Dakota 4' Stah, 8; Vermont 4: Washington D. west Virginia [, wyoming. 8. .,-.
 mocraticN-Alabama, II; Arkansas' g. Colorado. $; Connecticut I;o DeIa ware. 3: Florida, 5; Georgia. To hen q. lucky. IS; Louisiana, g; Marylano. o' Mississippi, 10; Missouri, lS; Montana' 3. Nevada. 8; New Jersey. l2; New toIk' 39. North Carolina, 12; South Carollna' 9; Tennessee. 12: Texas, IS; Virginia IT,
 Possibility of Another 1878 Case.
 Democrats in 1876 lost in the courts what they had won at the polls.
 Ex-Judge Thomas Moran one ot the most eminent members of the Illinois bar, and for many years one of the judges of the Appellate Court or this State, believes that the situation In Wisconsin contains possibilities of grave national importance. As Judge Moran is one of the most influential Democrats of Illinois. whose opinion and legal services are frequently, If not