The San Francisco Call. Newspaper, October 6, 1904, Page 2

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FRANCISCO CALL, THURSDAY, OCTOBER 6, 1904. TAIRBANKS Speaks in Three Nevada Ciis—Contest in Wisconsin Won by LA FOLLETTE MINERS WARMLY by Senator Fulton Takes Bryan to Task. at the m to mation it as the he pror Roosevelt oetween labor Repub the la ted ocal t nuch been E ddresses were again lines, and again State interests. Senator the i3 no conflict ures or w i« be The opposition elements. tant issues. with entire Republic & united nimity arty, ministration of peace and prosperity. The party left to. Duncan E. McKinlay and Congressman McLachlan Well Recelved. ELK GROVE, Oct. 5.—The tour of Duncan E. McKinlay and Hon. James | —— GREET NOMINEE Reaching hey proceed- | returning neeting s were driven and given | eeted and eir speeches rkers in these mines said Senator T a, “I am sure they will conclusion that there is more 1 them under Republican a sder any other policies.” for the support of the Re- State Senator Fair- by the irrigation Senator Fair- the fact that | Bad e paterniteoF e | to catch the train for Wayne, he was | statute and had “Newlands law.” yunced to be with- continued, indation because, t in the dit for thar most impor- | n. hes at Carson and Vir- tor Fulton took W. J. = question and to stir up strife nd capital He defend- n party as the best ring element had ever e was about to take the arson Senator Fairbanks, elaborately er and horn cane by L. H. Roosevelt Club. to-night the Senators ad- he people who couid crowd rand Theater and the de»ilm and fruits, to protect the farm- ] with an larger hall could have | 4 The meeting was marked by & high degree of enthusiasm and the applause was frequent and pronunced. Chief Justice Massey presided. The general the people of this were urged to give their sup- pert to the Republican party as most calculated to promote the State's best Fairbanks presented the claims of his party to the support of people because of its a business organization. He said: The Republican party is harmonious. There of sentiment, either on meas- respect to our candidate for the Republican triumph will insure the administration of public embarrassed b, record as the Government who does not have him the loval and intelligent support @ great party fitted to govern; Do President is wis and able enough to succeed without ! and united support of his party and no President can fail to give a successful administration ntelligent end united support of is composed of Aiscordant It is sharply divided upon impor- d its leadership is not supported umph will mean the success of y, thoroughly dedicated to the support of wise and well-known policles. All of the greai departments of the will be in control of fhen skilled In the ad- public affairs, and who will co-operate in the advancement of the country to the fullest possible degree in the ways of It i= essential to have mot only a sound President, but a sound, hi montous party back of him. Government ight for Utah. MR St ADDRESS ELK GROVE VOTERS. 1chlgp through the river counties :cond Congressional District a splendid .meeting d to-morrow they will s about the bay. The t ten days, aside from at value to the people of the coun- visited, as it has enabled Congress- man McLachlan to obtain a personal knowledge of the needs of the Sacra- mento River and its tributaries. The tour along the river when a splendid audience was ! dressed at Walnut Grove. then @rove to Courtland, where Mec- Kinlay spoke briefly, Saturday and Sunday were devoted to Marysville, with excellent results Monday was {given up to Easton, Yuba and Sutter, a fine meeting being held in the aft- i ! 1 ori- {ernoon at Wheatland and a great m and Vir-1ihrong being encountered in the even- ing at Nicolaus. Tuesday McKinlay addressed the workers of the raiiroad shops in Sacramento. p L ot T BRYAN DELAYED BY AUTO. } | His Machine Breaks Down and Pre- | vents a Speech. OMAHA, Oct. 5.—Five thousand people assembled at Randolph, Neb., to-day to hear a political speech by William Jennings Bryan and whiled away several tedious hours awaiting the orator’s arrival, appointed. Bryan did not appear on the speakers’ platform. While the crowd impatiently killed time wondering what had happened to delay his miles from town on a dusty road, per- spired with hammer and wrenches over a greasy machine in an unsuc- = cessful effort to induce a balky auto- . g s | The auto stuck and | mobile to moyge. to be towed in. When Bryan | reached Randolph, in the nick of time seated beside the driver of a farm wagon with the auto trailing. The auto had to be abandoned for repairs | and with it the plan of a speechmak- ing tour in a gasoline touring car. — e MEETING AT SELMA. Congressman Needham Is Well Re- ceived by Enthusiastic Gath- ering. SELMA, Oct. 5.—An enthusiastic Re- publican meeting was held in the Pa- villon to-night. Congressmaa dressed the audience. Needham won the dorsement of his audience by his ref- erence to the fruit farmer and the tariff. He pledged his best efforts toward perpetuating the tariff on rais- Congressman ers of the San Joaquin Valley from still lower prices owing to foreign com- petition. AR Enthusiasm at Benicia. BENICIA, Oct. 5.—The Republican campaign was opened in Solano Coun- ty this evening with great enthusiasm. Chairman J. R. Cronin introduced thé speakers at the City Hall. Joseph R. Knowland was roundly applauded. A. L. Hart of Sacramento, Ben F. Rush and Frank R. Devlin also addressed the meeting. NEW YORK, Oct. 5—Thomas E. ‘Watson, nominee of the People’s party for the Presidency. was dined by his friends to-night at a “dollar dinner” in the Palm Garden on Lexington ave- nue. More than 500 members of the People’s party were there to greet the candidate. ‘Watson began his speech by saying: ORh! if that pretense up at Esopus would only ®et out of my way. Oh! if Judge Parker would only get out of my way and give me the Demo- cratic papers and give me the Jeffersonian speakers and give me the noble army that fol- lowed Bryan in '96; if he would give me all these I would show the Republican party and Theodore Roosevelt the great militant Demo- cratic party from sea to sea. I would dare to accept his challenge. 1 might not whip him, but he would know he had a fight. 1 am a fighter. On July 4 1 was not worth even a newspaper item, but now they are fighting me with newspaper cartoons and editorials. 1 long for and love the thunder of the guns, and if only Judge Parker would get out of the way and let commanpd battle “oyal. would give Theodore Roosevelt a THE ¥ALUE OF CHARCOAL. Few Poople Enow How Useful It Is in Pre- serving Health and Beauty. Nearly everybody knows that char- coal is the safest and most efficient disinfectant and purifier in nature, but few realize its value when taken into the human eystem for the same cleans- ing purpose. Charetal is a remedy that the more you take of it the better; it is not a drug at all, but simply absorbs the gases and Impurities always present in the stomach and intestines and car- ries them out of the system. Charcoal sweetens the breath after emoking, drinking or after eating|: onions and other odorous vegetables. Charcoal effectually clears and im- proves the complexion, it whitens the Continuing, Watson said: The government which does not grant equal protection to ali, equal opportunity to all, PRESIDENT ROOSEVELT EXTENDS OCONDOLENCE Vast Number of Telegrams Received by Family of Postmaster General Payne. WASHINGTON, Oct. 5.—President Roosevelt called to-day at the apart- ments of the late Postmaster General Payne to extend his personal condol- ences to Mrs. Payne. A vast number of telegrams were received to-day from all over the country. Rev. Cotton Smith, rector of St. John's Episcopal Church, where the funeral services are to be held at 11 o'clock Friday, will conduct the teeth and further acts as a natural | ceremony there, and Rev. Isaac Nich- and eminently safe cathartic. It absorbs the injurious gases which collect in the stomach and bowels; it disinfects the mouth and throat from the poison of a charcoal and the most for the money is in Stuart’s Charcoal Lozenges; are composed of the finest powdered ‘Willow charcoal, and other harmless antiseptics in tablet form or rather in enges, the boney. they charcoal being mixed with olson, Bishop of Milwaukee, will con- duct the services in Milwaukee. The active pallbearers will be composed of uniformed letter carriers. WASHINGTON, Oct. 5.—President | Roosevelt to-day formally designated First Assistant Postmaster General Robert J. Wynne as acting Postmaster General. While Wynne will act under the designation as Postmaster General, he will not have a seat in the Cabinet as would a regularly appointed head o —————— the form of large, pleasant tasting loz- lot an executive department. The daily use of these lozenges will £00n tell in a much improved condition | of the general health, better complex- Oficials Removed by McClellan. NEW YORK, Oct. 5.—William P. Schmidt, Commissioner of Parks for jon, sweeter breath and purer blood, | the borough of Bronx, of “Greater and the beauty of t::ul: that no possible ; New York, and four members of the harm can result their continued | Civil Service Commission were sum- use, but, on the contrary, great benefi t. | marily removed from office to-day by A Buffalo physician in speaking of | Mayor McClellan. The removals were the benefits of charcoal says: “I ad- ! made after an investigation of charges to lfl!conducud by the - Indiana Populists Unite. - INDIANAPOLIS, Oct. 6.—A coalition the two Populist parties in Indiana ' been effected, the fusionists with- its political ‘l'eulur(-”!. has proved of | The party | only to be dis-| coming Bryan, seven | Need- { ham and the Hon. Franx Short ad- :nthusiastic in- | —_— - - - Candidate of the People’s Party for President Hits ‘at Parker command the army that he may | +—__\_+ DELECATIONS - ATTEND FROM AL SECTIONS | National Republican League Meets in Biennial Session” to Assist in the Campaign AR S Letter of Congratulation From Roosevelt Received TIZENS ¢ 10 CONSIDER Courts of Appeal and Seawall Ex- tension. CONSTITUTIONAL AMENDMENTS. i “For the San Francisco Seawell Act.” | With Three Hearty Cheers | “Against the San Francisco Sea- INDIANAPOLIS, Oct. 5.—The bi-| well Act.” ennial convention of the National Re- | = —— — | publican League of the United smeslfifi\m oon'nmo;w- i opened here to-day with thirty-five | " NDMENT NO. 2. l es | States and Territories represented by to icia | delegations. According to its presi- and ha {:‘.f’“;s"g;‘m, | dent, J. Hampton Moore of Philadel- | appeal. phia, the league represents nearly SINATE 6l o — 2,000,000 members organized into TION- 7000 Republican clubs. Charles W.| AL AMENDMENT NO. 4 | Yes | McGuire, president of the Indiana Relati: P ) Lincoln League, called the convention | gpop, mflo?:!%?gr%p- | to order and introduced President J.| epty now or hereafter be- | No Hampton Moore, who presided. ! longing to the “California Governor Winfield T. Durbin of In- | Academy of Sciences.” | diana formally welcomed the dele- 54 LAY n_t‘_e: to the State. i behale | SENATE CONSTITUTION- e response was made on AL AMEND! No. 11. | Yes | of ‘the convention by Sid B. Redding M N | of Arkansas, national treasurer. Relating to exemption of | _The call was read by E. W. Weeks | gphj | of Iowa, secretary of the National pping from taxation. e | Gpaeme, o0l ine blennial addrems of | SERATE CoNeTFUTION.| President Moore made a feeling v reference to the death of Senator | Relating to length Hoar and Postmaster General Payne. | jegiglative :dons mo: | At the close of his address he called | compensation of membere | attention to the fact that the National | of the pss-) £ | League was out of debt and had 2| limiting the number of | #mall balance In the treasury. employes of the Senate and | General James S. Clarkson of Iowa | Aggem) ly, and declaring {and D. D. Woedmansee of Ohio then | glections of Governor. addressed the convention. ! Secretary Weeks read the follow- | ASSEMBLY CONSTITU- ing letter from President Roosevelt, |y, . AMENDME which was recelved with three cheers | i yar ERRET | Wy and a tiger, the delegates standing: ' WHITE HOUSE, Relating to revenue and WASHINGTON, Sept. 27, 1004. | | , My Dear Mr. Moore: Permit me, through taxasion, No you, d it 't to tl —_— | Jomvention of the Xational Repubiican Lessus. | ASSEMBLY _ CONSTITU- i B o it is e | doing. The sealous and disinterested aid of | Ny yal AMENDMENT| Yes the men who compose it means more for the s | | party than almost any other kind of support, —_— gi’ 1 count oux;*pi‘rly “tm;nn?‘te In(flhav;‘fl]‘ Relating to the power of n to work for It in the spirit tha Leg! Jour organization has shown. We hoid that | Lof, Legislature to amend | No | our party is worthy of support, because it has served the nation with fidelity and efficlency so long, and especially because it is now thus serving it. Hoping you will have a most suc- cessfull mesting, I am, sincerely yours, HEODORE ROOSEVELT. Congratulatory messages were also read from National Chairman Cortel- you and Senator Charles W. Fair- |, banks. The convention, after adopting an appropriate resolution, adjourned un- |© ti} to-morrow as a mark of respeet to the memory of Postmaster General Payne. After the adjournment the resolu- tions committee ‘was announced. It includes the following delegates: Cal- ifornia, C. W. Pendleton; Kansas, H. H. Keefe, The election of officers is scheduled for to-morrow. All the present of- ficers are candidates for re-election. equal justice to all prostitutes its power and is false to its mission. If your system is not what it should be, yours is the fault, for you have in your hands the weapon with which it was intended you should forever defend your liberties—the ballot. ful wealth which has been produced here dur- ing the last hundred years? Almost entirely it is in the hands of the men who never cre- ated one doliar of it, and they got it mainly by operation of laws which violate every prin- ciple of commontsense and common rights. No individual can resist the operation of laws. The man in whose favor the law works will grow stronger, the victim weaker. To take from him who made and to give to him who did not make is one of the worst forms of ty- ranny. 5 Had the Government governed justly, the probability Is that we never would l’u\n’h‘d a labor question in this young republic—never a strike, never a lockout, never a Cripple Creek horror. The tenement house cancer would not now be eating its way into the vitals of soclal or- der. The huge army of poverty and despair would not now be marshaled under the biack flag of quenchless hatred to the rich and io the system which made them rich., Hoik of the great political parties have alternatels heen in power; both have had their opportunities; both have had their responsibilities, and both Jeffersonians, your flag was pulled down at St. Louls and ‘you are left without leaders. I have picked up your flag from the ground | © ‘Where it lay and I eall upon you to rally to it. LATE ARRIVAL OF CORBIN PREVENTS ENTERTAINMENT Army Commander Who Does Not Fa- vor Marriages of Young Officers Is in General Henry C. Corbin and party in their private car arrived early this morning at the Oakland ,mole. They had been expected to arrive early in the day, and arrangements for their reception and entertainment had been made by Mrs. Willlam Kohl at the Palace Hotel. All orders had to pe countermanded on account of late arrival of the train. ki During General Corbin’s g prior to his departure for the.(t)‘rlym‘t“o!: the 13th he and his party will stay at San Mateo, the guests of Mrs, Kohl, A full expression of his views upon the m‘. ‘101 yo;mgullleutenmu will possi ven to the he sails for the Orient. sl —— SENATOR HOAR LEAVES ESTATE TO HIS CHILDREN WORCESTER, Mass., Oct. 5.—The will of Senator-Hoar, filed to-day, makes no public bequests, dividing his| property between his son and daugh- ter and giving his estate in Paxton to his granddaughter. : ———— e Parker Holds Public Reception. NEW YORK, Oct. 5.—The first public { reception for Parker since his nom- property ca seawall exts terest 'thereon. Napa, Yolo, should Le condemned. their regular sessions, Francisco, Los Angeles and Sacramento, and they shall always be open for the transaction paid by the State. ng existing codes. Six amendments to the constitution of n November 8. n the official ballot. California and a proposition to author- ize the issue of $2,000,000 in bonds to ex- tend the San Francisco seawall will be submitted to the voters at the election In the form as shown above the propositions will be presented Citizens should keep in mind the fact that no tax on real estate or personal be Jevied to redeem the sion bonds or to pay in- The plan “which was adopted to provide money for the con- struction of the ferry building will be followed. The Board of State Harbor Commissioners is authorized and di- rected by the collection of dockage, tolls, rent, wharfage and cranage to acquire a sum of money sufficient for the pur- poses of the proposed extension. bonds will bear interest of 4 per cent. The bonds shall bear date January 2, 1905, and shall be made payable Janu- ary 2, 1924. The State Treasurer will sell the bonds at public auction to the highest bidder for cash. The Senate constitutional amendment No. The State is hereby divided into three ustices. The Second district shall embrace the 2, relating to the judiciary and estab- lishing courts of appeal, is favored by the lawyers. The amendment provides: appel- late districts, In each of which there ahall be u t Where is the greater part of all the wonder- | Justices. = The® &n?p?i:lule:tum:?l‘ ::lnnm'w the following counties: San Francisco, Contra _Costa, Alameda, San Mateo, (Bne.:l.' Fresno, Santa Cruz, Monterey and San to. Marin, Santa follow- ing countles: Tulare, Kings, San Luis Obispo, Kern, Inyo, Santa Barbara, Ven! 5 geles, San Bernardino, Orange, tura, Los An- Riverside and San Diego. ‘The Third district shall embrace the fol- lowing ocounties: Del Norte, Siskiyou, Humboldt, myl?fl Plumas, dg Butte, Sierra, Sutter, Yuba, Nevada, Sonoma, Solano,» Sacramento, Kl Dorado, San Joaquin, Amador, Calaveras, Stanislaus, lumne, Alpine and Mono. Trinity, Shasta, Mendocino, Lake, Colusa, Placer, Mariposa, Madera, Merced, Modoe, Glenn, , Tuo- The Supreme Court, by orders entered in its minutes, may from time to time remove one or more counties from one appellate district to ansther, but no county not contiguous to an- othor county of a district shall be added to such district. Said District Courts of Appeal shall hold t business. The salaries of the Justices are e S — NOW LOOK FOR consin for Roosevelt. respectively, at San to be It is provided that the present Supreme Court Commission ‘shall be abolished at the expiration of its present term. HARMONY. Decision Brightens Outlook in Wis- NEW YORK, Oct. 5.—The decision b Sy of the Supreme Codrt of Wisconsin in declaring the La Follette ticket to be regular was read with intense iInter- est by politicians in New York to-day. The Republicans at national quarters expressed themselves as sat- isfled, as they believe that the two factions will now support one ticket. At Democratic headquarters Timothy E. Ryan, member of the Democratic executive committee for Wisconsin, said he believed that the de would secure the election of the Demo- cratic State ticket and at least four members of Congress, but the decision made it more difficult to carry the State for the Parker and Davis elec- toral ticket than if the decision had been in favor ‘of the “Stalwarts.” head- cision CROWDS TO HEAR KNIGHT. Californian Speaks With Secretary Shaw in Indianapolls. INDIANAPOLIS, Oct. 5.—Templar 1 cenvention. Knight said in part: “Behind ination for the Presidency was tendered' him to-night by the Manhattan Club. The clubhouse was taxed to its utmost guests, Judge Parker and Judge D. ou Judge Parker, as are and A Hall was crowded to-night by every class to hear Secretary of the Treasury Shaw and George A. Knight of Cali- ornia address the delegates attend- r the National Republican League advisers, Jd 5ot trust 1n oy pubic capacity n an ul g Their private llluflfl,lp ! of such a character that they would prostitute ! law and the well being of the country 3 ¥ m;:aih;w'\d selfish CANDIDATE IN THIRTE-NINTH Republicans in the District Name Lawyer E. T. McMur-, ray to Run for Assembly Refuse to Suppert T. E. At-| kinson, Who Was Selected | by Ruef and Maestretti An independent Republican candidate for the Assembly will be put in the fleld | in the Thirty-ninth Assembly District in opposition to T. Atkinson, nomi- | nee of the Republ organization, and, of course, the Democratic candi- date. At a meeting of the United Inde- | pendent Republican Club of the district named, held last night at Fourth ave- nue and Clement. street, Attorney E. T. | McMurray, who resides at 328 Sixth avenue, was selected as the choice of the club to present a petition to the Registrar requesting that his name be placed on the ballot. The seleetion of McMurray to repre- sent the independent Republicans of the district was preceded by a warm | discussion as to the advisability of placing an independent candidate for the Assembly in the fleld. No one ll.l‘l-! ously opposed the move, but those that ' favored it were unsparing in their criti-| cism of the methods of the men that had made their action necessary. Be- fore the discussion was taken up, how- ever, a resolution under which the meeting was called and stating its pur- pose was presented and adopted. This resolution follows: Resolved, That it is for the best in- terests of the Republican party and the Thirty-ninth Assembly District for the Independent Republican Club of the district to initiate a movement for the nomination of an it Re- publican candidate for the Thirty- ninth Assembly District. AITKEN MAKES STATEMENT." Judge John R. Altken, president of the club, explained the situation to the club in terms that would permit of no misconstruction. He said: We have met here to-night, not to express @isapproval of any Republican principles in- volved in the present situation, but to reaffirm our allegiance to Republican principles by con- demning in no uncertain terms the dishonest action of certain bosses who, in a manner any- thing but Republcan, robbed us of the right to say who our candidate for the Assembly should be. At the behest of Abe Ruef and F. A. Maes- tretti, Commissioner of Works, mer who at the last election proved traitors to their party, as they had done many times before, delegates to the municipal convention were placed on the ticket whose interests were those of Ruef and Maestrett!, and then these men were elected by the mdst flagrant fraud. The ballot boxes of the district were stuffed and we were beaten Dot by fair means, but by foul. This we will not tolerate, and we are here to show these men that here these methoda will not be toler- ated. Many of those present addressed the gathering, which was a large one, in the same strain, with the result that when the time came to settle upon a candidate every man present expressed a willingness to go into the fight and stay to the finish. Upon motion, the chair appointed Willilam H. Hazell, Fairfax Wheelan, L. H. Pedler, J. A. Cutten and J. A. Andrews a committee to agree upon those who should be considered by the meeting as candi- dates for the office. NAMES ARE PRESENTED. The committee soon returned and presented the names of A. R. Ahlborn and E. T. McMurray for consideration. Mr. Ahlborn sald that he did not de- sire to stand in the way of Mr. McMur- ray if he desired to accept the honor at the hands of the club, and he put a mo- tion that the report of the committee be amended by the striking out of his name. At his earnest request the mo- tion to amend prevailed and Mr. Mc- Murray was upon. Assisted by A. R. Ahlborn, J. J. Cas- sidy, William Hampton, W. H. Hazell, ‘Wallace Bradford, C. S. Brundage and J. T. Terry, Mr. McMurray will {mme- diately begin the work of preparing his petition for a place on the ticket. While the signatures to this petition are be- ing secured another committee of twen- ty will make a house to house canvass in the interest of Mr. McMurray and explain to the voters the condition of affalrs that compelled them to take the action they did. The meeting adjourned with three cheers for McMurray and the renewal of promises to him that every man of the club will do his level best to see that he is carried through to victory in November. SIS SRR GERMAN-AMERICANS MEET. Committees Are Appointed and Mass- Meeting Will Soon Be Held. The German-American Republican Club held an enthusiastic meeting last night in Odeon Hall. In the absence of the president, Colonel Robert ‘Wieneke, the first vice president, C. B. Rode, presided, Carl W. Mueller acting as secretary. The president notified the club that he had appoint- ed the following committees: Execu- tive committee — Fred Koment (chairman), Fritz Gercke, Dr. A. E. | Brune, W. de St. Paul-Seitz, Charles Alpers, Oscar Tolle, Fritz Hagemann, H. Bendit, Emil Hartmann, M. J. ‘Waldheimer, F. M. Freud, Ed S. Sal- omon and A. Van der Naillen Jr. Finance committee—Alfred Fuhrman (chairman), Charles Trautner, Wil- liam Loewe, D. B. Faktor, Fred Eg- gers, George Alpers, Albert R. Ritter, Reinhold Jentsch, Charles Drescher, H. F. Maass, Joseph. Scheerer and | Louis Ordenstein. Speeches on the issues of the campaign were made by Daniel W. Burchard, candidate for Judge of Superior Court; Ed S. Salomon, Judge M. J. Waldheime: ex-Judge Bahrs and Charles Alpers. It was resolved that the executive committee make arrangements for a mass-meeting to be held in the near future. PO P RART S Organize in the Thirtieth. The Majestic Independent Republi- can Club of the Thirtieth Assembly District organized at 29% Ninth street last night and elected the following | Justice Cassoday dissented. PROPOSITIONS [INDEPENDENT |COURT SUSTAINS I REGULAR - MADISON, Wis,, Oct. 5.—The lette ticket regular. the La Follette faction, while Chief The opin- ion will be filed later by Justice Mar- shall. After setting forth the facts alleged in the complaint and in the an- swer filed, the decision continues: 1. The controversy shown to exist by the foregoing sutficlently concerns the prerogatives of the State and affects the liberties of the | people to be within the original jurisdiction of this court. % % 2 Such controversy is of so grave a char- acter and of such public importance as to warrant this court in exerclsing its original jurisdiction to determine the right of matter, %0_far as the door fs open for it to do. 3. Since the question presented merely In- volves the duty of the Secretary of State for | the performagee of an act especially enjoined by law, it is a judicial one. =) 4. For the present case, the time not having arrived when the Secretary of State is required | to make certification of nominations, by the general rule there is no remedy at law by ma; hence action, If maintainable at all. is brought in equity, if the - Toture ‘Bay ut Sorstihed shotRor and exclu- | sive remedy. | FACTIONAL DISPUTES. ‘) 5. The Legislature intended to provide for {settlement out of court of all questions between factions of a party concerning the right to place the party named upon the official bal-| lot, by section 35, Wisconsin Statutes, In these | words : (A)—“In case of a division in any political | party, and a claim by two or more factions thereof to same party name, the officer with whom the certificates of nomination are | required to be flled shall, in certifying such ®omination or preparing ballots, give prefer- encé of name to the eonvention or caucus thereof held pursuant to the call of the regu- | larly constituted party authorities, and If the committee representing the other faction Ftl-‘ sent no other party name such officer may designate the name in such manner as will | best distinguish the nominations thereof. (B)—"‘"When twa or more conventions or cau- cuses shall be held and the nominations thereof certified, each claiming to be the regular cos- | vention or caucus of the same palitical party, | preference in designation shall be given o the nominations of the one certified by the com- | mittée which had been officially certified to be_authorized to represent the party.’ | 6. The first clause provides for a case where only one of two or more comventions is claimed to have been held upon the call of the regu- | lar party committee and the identity of that | one ‘is, therefore, not in doubt. The second clause’ provides for a case where all of the canventions are elaimed to have been held pursuant to the call of such and the sama committee by creating a tribunal to decide for guidance for the Secretary of State which set of nominees is regular, and therefore en- titled to use of the party pame, such a tri- bunal possessing by famillar rules exclusive and final jurisdiction, save as hereafter stated. DUTY OF PARTY TRIBUNAL. 7. The first clause of section 35, Statutes of 1568, cannot apply to this case, because the dominant feature thereof is the existence of a mltifarious “claim to the same party name,’ deter as before indicated, by the cer- tifying officer from his own records, showing | the necessary source of regularity. 8. While the dominant feature of such first clause is the existence of & ultifarious ‘‘claim to the same party name,’” ome of such claims only being based on the “call of the regulariy constituted party authorities,” the dominant feature of the second clause is the existence of & multifarious “claim to the same party name,” based on a like claim of the regularity of the party convention, each of the claimants referring necessarily to the ‘call of the reg- ularly constituted party authorities,” as in the case in hand. . The present controversy comes clearly within the second clause of said section 35, answering, as it does, every call thereof: (2) Two conventions wers heid. (b) Each ot said conventions made nomina- tions. (c) Such nominations were duly certified. (d) Each of said conventions claimed to be the regular convention of the Republican rty. P10, It was competent for the Legislature, in authorization of official ballot and in granting to the party nominees a right to have their names thereon under the party desig- nation, to subject that right, in case of contro- versy between two or more sets of nominees, each claiming the same and such designation, to the decision of the party tribuzal ss in sald section 35. DECISIONS UNIMPEACHABLE. 11. The creation of a tribunal to determine guch oontruvermen Ro Beeviely hmcwm for a judicial review o \aarily g Jjurisdiction exclusive and its decisions unimpeachable, except for jurisdic- tional defects. 12. The tribunal answering to the call of said secticn 35 is found to exist in the Re- publican State Central Committee elected at the State convention of 1802, and duly certified to the Secretary of State under section 31 of the Statutes, therefore jurisdiction of this court is limited to deelding whether such com- mittee was or is without jurisdiction because of bias or interest of some of its members, or whether its decision is affected by jurisdic- tional defects. uf‘Such tribunal, though required to act Judicially, being an administrative rather than 2 judiciai body, bias or interest of its mem- bers does not disqualify them nor affect its iction. )\l{l{dfiflm‘“m of the National Republican Convention as to which of the two sets of dele- gates from this State claiming the right to represent the Republican party thereof in such convention was entitled to_recognition is not of dny significance to the Secretary of State or to the committee authorized to deter- mine the factional dispute under sald sec- tion 35, since exclusive jurisdiction thereof as regards_the official ballot law was conferred by the lA"ll;t\lre upon the latter as a special tribunal, as before indicated. 15. As soon as the nominations were made by the conventions and duly certified rights of nominees to places upon official ballot under designation Republican ticket": became vest- ed in them as representatives of their respec- tive organizations, subject to the decision of the special tribunal aforesaid, as to which of the conventions was regular and such right could therefore not be in any way affected by the determination of any other tribunal. USE OF PARTY DESIGNATION. . 85 of the statutes contemplated lflulsecuon ‘mentis l{hfln of conflicting a designation Tom, nzd;:t accorded to the rightful claimant of the particular designation to emable the electors to distinguish of regular nominations. o ‘created by law to determine to _the use upon the official ballot of the “‘Republican_ticket,” it is the duty of the Secretary of State to act accordingly, certifying both sets of nominations to the va- rious count; ehrl; but giving to those headed by Rovert M. La Follete for Governor prefer-, ence as aforesald. 18. The foregolng conclusion follows its. it, it no to or suggest. ly constituted authority having spoken within its jurisdiction, it must be con- clusively presumed here PROCEEDINGS DISMISSED. the court—Both the motion of plaintiff o X i h T e At the Wisconsin State Convention, held May 18 lum“dde:’:m :7:‘" iven seats. Of weére contest- & Of the uncontested delegates 515 1-3 were for La Follette. The Fsot'n‘t:'(:entm ‘ommittee, being of La ette sym- Sothy, seated but forty-three contested “stalwart” delegates, ‘avfl-‘ La Pol.-' Jette a majority. “stalwarts’ charged unfairness, bolted, nominatad a separate ticket and went into the Su- ‘Court to compel the Secretary & mw put the “stalwart” ticket in the regular Republican column on the official ballot. to have spoken rightly. | TICKET I preme Court to-day decided the La l“sz::: E St a ] W a rt S L 0 S e Three Judges—! Marshall, Dodge and Winslow—were for | the Big Legal Contest. e — Follette State Central Committee here to-day upon receipt of the decision of the Supreme Court. It is known that Samuel Cook, who heads the Stalwart ticket, will withdraw, he having made a statement to this effect a short time ago in case the decision was unfavor- able to his cause. The State Central Cemmittee has the power to fill the vacancy, but what will be done will not be known until the committes bolds a meeting to take action. i <. 5 p sk JONES TO AID PARKER. Believes Democrats Have Still Some Chance in the West. NEW YORK, Oct. 5.—Judge Parker to-day gave a sitting to Mueller Urey, a portrait painter. The portrait when finished will be given to Mrs. Parker. Ex-Senator James K. Jones of Ar- kansas saw Judge Parker to-day and after the conference announced that he will give his undivided time to Judge Parker in any way he can be of service. Jones ridiculed stories started a week ago that he had with- drawn his suppert from the national ticket. He said Nevada and Montana are Democratic and that reports are favorable from Colorado, Idaho, Wyo- ming and Washington. So far ad these States are concerned, he said, a great deal of hard work on the part of the campaign committee will be necessary. He said he was not hopeful of carrying Washington for the national ticket, but that he be- lieved former Senator Turner, the Democratic candidate for Governor, will be elected. Representative Van Duser of Ne- vada talked with Judge Parker con- cerning the campaign in his State and told the Judge he would start at once for Nevada, where he will make speeches daily until election day. Other members of Congress who called to-day Burgess, Texas. were Representatives Comper and Bgrlelon of i BUTTE JUDGE DROPS DEAD. S. J. Naughton, Prominent Attorney of Montana, Passes Away. BUTTE, Mont., Oct. 5.—Judge 8. J. Naughton, one of Butte's best known citizens, dropped dead last night on the street from an attack of heart failure. During the administration of Mayor Dugan in 1893 and 1894 he.was Police Judge. As an he an ex- cellent reputation and at the time of his death was United States Court Commissioner. He was at one time a law with Mattison, now of Forbis & Mattison. As a member of the Butte lodge of Elks, he took a prominent part in all the business of the order. DR. PIERCE’'S REMEDIES. strength to win a race. Blood must be L on o R SRR SR ‘bwtnndpnorng_ Thinness of Y. Buffalo, N. Y. consti; the scientific harmless, yet sure. No other pill can com- pare with them. wisit DR. JORDAN'S MUSEUM OF ANATOM CARTERS)

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