The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1906-11-08
SUPREME COURT OPINION.
If Binding 1t Wipes Boilers OFF the
Earth.

The Supreme Court in affirming
the decision of Judge Bernetha and
refusing to mandate the election
commissioners of Marshall county to
print the earn ticket under the en-
blem of the eagle said:
What we decide is that a call for
a local convention which is issued
by the county central committee Sc
lected and organized pursuant to the
call of the State central committee
and acting pursuant to its rules, Is
the call of the regularly constituted
party authorities.
Those who see fit to separate
themselves from the regular party
organization cannot claim the priv
ileges which attach to it. AS between
a dissenting local organization and
the representatives of the general
body in the locality, the courts, rec
ognizing the fact that those who thus
separate themselves are disserIters,
deny to them the rights which belong
to the regular membership.
THE rule is, even in the case of an
adhering minority Tin controversies
within churches), that it is those
who adhere and submit themselves to
the regular order of the general or
ganization, and not the seeding ma
jority, who are to be recognized as
the representatives of the general
organization, in the locality.
Merrill Moores, the attorney for
earn, says this is simply an opinion
given outside the case and given on
a statement of one side only and is
not law in the case which has been
on trial in Rochester this week. He
is probably correct but the above
shows that the supreme court does
not believe that boilers have a right
to the party emblem. The opinion
declares that seceders have no rights
in a party or a church no matter how
large a majority they may have. The
court says the men who remain in
the regular organization are entitled
to every thing that belongs to the
organization whether they are a ma
jority or a minority.
Mr.. Moores says the rule prohibit
ing mass conventions has nothing to
do with either of the conventions in
Marshall county because both con-
ventions were called before the rule
was enacted,
He says this is the most foolish
rule ever adopted by any state COM
mittee he ever heard of because if il
is recognized as law the Republicans
of Indiana have scarcely a dozen le-
gal township tickets in the state.
,ft. Moores came to this conclu
sion after witness after witnesses had
been put on the stand to prove that
the affidavit of Mr.. Schlosser declar
ing that he had been nominated by a
delegate convention was false and his
statement that the convention oil
September. Is, was a mass conven-
ton, was also false After this had
been fully proven Mr. Moores saw
that he and his clients were in danger
of Indictment for perjury and he ask
ed the court to allow him to amend
the complaint and state the facts
The court allowed him to do this by
writing on the margin of the com
plant that the changes were made
after the trial was begun.
Mr.. Moores also admitted that
r. earn and Samuel E. Medbourn
had been illegally removed as COM
mitteemen of Union township. con
sequently they are toda the legal
committeeman of that township.
Mr. Moores only used FIVE minute.
to make his argument for the Carr
ticket. He did not say one word as
TO the evidence that either side had
produced. He utterly ignored the
facts and the opinion of the supreme
court and referred to an opinion oil
the supreme court given several
years ago in case in which there
was no controversy and threatened
that il the Cara ticket was not placed
under the eagle he would ask the
supreme court to declare that nc
election had been held in Marshall
county, and the men now in office
would remain in Office two years
longer. 1t was an attempt at intimi-
dation pure and simple. An attempt
TO scare the election commissioners
and Judge Bernetha and get the de
cision that Moores wanted, without
reference to law or evidence.
Everybody knows that the Hen
bricks organization is the regulai
Republican organization and the
earn faction seceeded from it. The
supreme court says it does not make
am difference how large such fac
ton may be, il is not the. Republican
oarfv