Legal Opinion

State ex rel. Cook v. Houser

Wisconsin Supreme Court

Decided October 5, 1904Published

Acarón, commenced in this court, for an injunction against the Secretary of State. This canse was submitted for decision on motions made by counsel for the respective parties upon the complaint and an-' swer.

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Acarón, commenced in this court, for an injunction against the Secretary of State. This canse was submitted for decision on motions made by counsel for the respective parties upon the complaint and an-' swer. The pleadings, so far as necessary to the application of the principles which rule the cause, omitting details, are to this effect: 1. On the part of the relators: That the duly called and held convention of the Eepublican party of the state of Wisconsin for the purpose of nominating candidates for the various state-offices to be filled at the general election in 1904, and presidential…

1Concurrence 1

The following opinion was filed October 24, 1904:

2Concurrence · WinslowWinslow, J.

When the legislative branch of the government deemed it best to print an official ballot and interdict the use of any other, to recognize political parties as legal entities, to regulate caucuses and conventions by law, and to give rights of representation on the official ballot to the nominees of such conventions and caucuses, there was doubtless opened a new field for litigation, which is also a field of vast importance. Before the existence of these'laws political parties were mere voluntary organizations with no standing before the courts.…

3Cases cited19 opinions

  1. Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
  2. State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
  3. Case v. HoffmanWisconsin Supreme Court · 1898
  4. State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
  5. State v. McGarryWisconsin Supreme Court · 1867

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