Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1904-10-12
LARLY CONSTITUTED PARTY AU.
THORITIES," as in the case in hand.
Case Clearly Covered.


8. The instant controversy comes clearly
within the second clause of said section So,
answering as it does every call thereof
(a) Two conventions were held.
(b) Each of said conventions made nomi-
nations.
(c) Such nominations were duly certified.
I'D Each of said conventions claimed to
be the regular convention Of the Republican
party.
TO- 1t was competent for the Legislature
IN authorizing an official ballot and grant
ing to the party nominees a right to have
their names placed thereon under the party
designation to subject that right, in case
Of controversy between two or more sets
of nominees, each claiming the same and
such designation to decision Of the party
tribunal as In said section 3d.
II. The creation of a tribunal to deter
mine such controversies, no provision being
made for judicial review of its decisions,
necessarily makes its jurisdiction exclusive
and its decisions unlmpeachable, except for
jurisdictional defects.
Courts Jurisdiction Limited.
L. The tribunal answering to the cali of
said section 35 is found to exist in the Re,
publican state central committee, elected
at the state convention of 1902, and duly
certified to the secretary Of state under
section 81 Of the statutes, therefore the
ing whether such committee was or is with
out jurisdiction, because of bias or interest
Of some Of Its members or Whether f its de-
49, Such tribunal though required to act
judicially. being an administrative rather
than judicial body, bias or interest of its
members does not diSqualify them nor AT,
feet it's jurisdiction.
Has No Significance.
IA The decision of the national Repub-
Hcan convention as to which of the two sets
Of delegates from this state claiming the
right to represent the Republican party
thereof in such convention was entitled
to recognition, is not of any. significance
as a guide to the secretary Of state or to
the committee authorized to determine fac
tional disputes under said section 30, since
exclusive jurisdiction thereof, as regards
the official ballot law. was conferred by
the Legislature upon the latter as spe-
cial tribunal, as before indicated.
Is. AS soon as the nominations were made
by the conventions and duly certified, the
rights of nominees to places upon the official
ballot under designation Republican tick
et," became vested in them as representa-
tives of their respective organizations sub
ject to the decision of the special tribunal
was regular, and such right could, there
fore, not be in any way affected by the de-
termination of any other tribunal.
49, Section 30 Of the statutes contemplates
in all cases mentioned therein of conflict
ing claims to the use on the official ballot
Of a particular party designation, that one
set of the claimants shall be given prefer
ence thereto and each Of the others have a
place upon the ballot under q designation
sufficiently different from that accorded to
the rightful claimant of the particular des-
ignatiop to enable the electors to distin-
guisn such set of irregular from the regular
nominations.
La Toilette Ticket Stands.
II. The tribunal created by law to de-
termine the factional dispute in question for
the guidance of the secretary of state, hav-
ing assumed jurisdiction thereof and decid-
ed, free from juriSdictiOnal infrmitieS, that
the nominations headed by Robert NJ La
Toilette for governor, are entitled to prefer
ence in respect to the use upon the officiai
ballot Of the name Republican ticket" it
accordingly, certifying both sets of nomina-
tions to the various county clerks, but CIV
ing to those headed by Robert NJ. LaFol-
lette for governor preference as aforesaid
1S The foregoing conclusion follows
logically 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 tri-
bunal, and investigate and determine the
merits of the controversy from that stand
point it has no right to decide or
suggest Duly constituted authority having
spoken within It's jurisdiction it must be
conciusiTely presumed here to have spoken
rightly.
Cause Is Dismissed.
By the court-Both the motion of plaintiff
and that of the defendant are denied and
cause is dismissed for want of sufficient
facts appearing to constitute a case Of ac'
ton.
The Case in Brief.
At the state convention held May 16,
last, 1860 delegates were given seats. Of
these 957 were uncontested and 10S con-
tested of uncontested 515 1-3 We're for
La Toilette. The state central commit
tee being of La Toilette sympathy, seated
but 43 contested stalwart delegates, Civ
ing La Toilette a majority. The stall
warts charged unfairness, bolted, nomi-
mated a separate ticket and went into
supreme court to compel the secretary
Of state to put the stalwart ticket in the
regular Republican column on the official
ballot.