PROGRESSIVES WIN BIG COURT BATTLE

PROGRESSIVES WIN BIG COURT BATTLE GOV. KOHLER IN DEFEAT BEFORE SUPREME BODY Wisconsin Court Overrules Technicality and Orders Executive to Trial CORRUPT PRACTICES APPLICABLE TO GOV Verdict...

...Kohler...
...The governor's trial will be in Sheboygan county, of which Sheboygan is the county seat, by the governor's own choice...
...Evjue—all Progressives—on the grounds that the governor and Ins friends had spent in excess of $100,000, while the corrupt practices act limits the expenditures in a gubernatorial campaign to $4,000...
...A large share of the credit for the victory in the court's decision today must go to Mr...
...The decision of the.court was unanimous among the four justices who sat on the case...
...Harry L. BJit-ler, Madison, attorney for tho governor, demurred to the complaint, claiming that the corrupt practices act cannot constitutionally be applicable to the governor and that the only qualifications for the office of governor are those set up in the constitution...
...In the decision of the supreme court Tuesday it is stated, in nart: 'The difficulty of proving fraud, bribery, coercion, or intimidation, was such as to lead to the adoption of corrupt and illegal practices acts in the English-speaking world...
...Roberts, Assemblyman Rets, Mid Mr...
...Wilkie and Mr...
...J| Wickham Overrated ^ However, when the case was brought before Judge Wickham, sitting in the Dane county circuit court...
...Justices Fowler and Fritz, both of whom were appointed to the supreme court by Gov...
...or some economist, who approaches his standard of ability to giv • us a detailed and accurately Itemized account of the War Profits...
...in payment of annual subscription price of The Progressive...
...Kohler must now go to trial in the circuit court on the charge that he violated the corrupt practices act in his 1928 primary campaign by excessive expenditures of monsy and other things of value...
...NOT ENTHUSIASTIC FOR SENATORS FROM OREGON [Beaverton, Ore...
...The contention that this cannot be made applicable to the governor is overruled because what the framers of the constitution had in mind was that the person receiving the highest number of lawful votes at a valid election should be elected...
...The removal action against thejgoy-crnor was sought by Mr...
...Glenn D. Roberts, and William T. Kvjucreditor of The Capital Times, fiied a petition with the attorney general, John W. Reynolds, one yeari ago asking the attorney genl eral to appoint attorneys t<| press removal action against Gov...
...I feel that both senators from Oregon are a complete sell out, and of no benefit to the common people of the state and nation.- K. W. Roe...
...La FolleuV, Sen...
...When Philip F. La Follette, Assemblyman Alvin C. Reis, Sen...
...There were only four justices of the supreme court sitting in the Kohler case—Chief Justice Rosenberry, and Just-' ices Stevens, Owen, and Crown* hart...
...FIGHT AGAINST CORRUPTION [Helena, Mont., Jan...
...Blaine of Wisconsin, How -1) oi Nebraska...
...Sheboygan county Is the home of the governor...
...By the way...
...Soon after the suit was instituted, the governor's attornes'S asked for a change of venue from the Dane county circuit court to the circuit court of Shelxiygan and Judge Wickhaai granted the request...
...J. s, Hedges...
...11 It could only be trad by a few millions ot people tiling would be vastly different along governmental lines In this country...
...Young Bob La Follette, George, W. Norris and Burton K. Wheeler, of Montana...
...one of your Issues printed the way...
...If the governor is found guilty by trial of having violated the corrupt practices act, he will be removed from office...
...did not participate in the Kohler case...
...A candidate can derive no title by meanj of a void election...
...1 have expected Scott Nearing...
...KOHLER IN DEFEAT BEFORE SUPREME BODY Wisconsin Court Overrules Technicality and Orders Executive to Trial CORRUPT PRACTICES APPLICABLE TO GOV Verdict Sweeping Victory for Progressives Who Instituted Action After Barrel Campaign Rever&fag the_ decision ot Circuit J.ucige James "07 Wield ham.-Eau ciaire, who had held that the Wisconsin corrupt practices act is not constitutional in its application to the governor, the state supreme court Tuesday ruled that the law does apply to the governor and that for this reason Gov...
...IS.-- I am enclosing check for $1.5...
...Nve Fra2ier...
...What we need is a lot more men in the House and Senate, li...
...Walter^B Corrigan, Milwaukee...
...am yet hoping that someone will thread the way.—James Fallon...
...Madison, anti...
...Judge Wickham sustained this demurrer and Tuesday the supreme court overruled it...
...The supreme court's . decision is a sweeping victory for the Progressive Republicans who instituted the action...
...This court in accordance with the great weight of authority holds that it may not set aside an act of the legislature for unreasonableness unless it appears beyond controversy that it is not germane to Iho purpose sought to be accomplished and unnecessarily impairs to the point of practical destruction a constitutionally guaranteed right...
...and the Progressive is sure so hot the old line Republicans have to sit and squirm when The Progressive prints the facts so the people can read what is going on in Washington, D. C. And things would be worse if it was not for the Progressives who are honest...
...these laws limited the amount of money which might be spent, tHe purposes for which it was spent, and provided that where a candidate violated the law, the election was as to him void—that is, it did not amount to an election...
...17.]—I like the paper when the news is hot...
...SHOULD BE READ BY MILLIONS I Muskegon, Mich...
...WAR PROFITS :Pittsfleld, Mass...
...Since the corrupt practices act provides for speedy trial of actions brought under its provisions, it is anticipated that the governor will be immediately placed on trial at Sheboygan—unless further legal barriers are raised by the governor's counsel...
...Kohler for violation of the | corrupt practices act, the atj torney general complied by ari pointing Attys...
...Harold M Wilkie...
...Attorneys generally agree that their part in the conduct of this case, especially their briefing and arguments to the court, were masterly...
...X7.i—Enclosed please find $150 subscription for 1930 I wish you success in your fight against corruption.—John A. Schneider...
...In genera...
...Taking into consideration the fact that the limitation of $4,000 which the governor and his personal campaign committee may expend in a primary campaign, does not include moneys expended by other persons not done by or on his behalf, leaving with reference to all other citizens the amount of money which may be expended unrestricted, requiring only that accounts thereof be publicly filed, is not so clearly unreasonable as to be subject to juJicial condemnation, but on the contrary, it appears to be within the bounds of reasonableness...
...Corri-gan...
...20.'-It is a great little paper and V am mighty glad to gel it...

Vol. 1 • February 1930 • No. 10


 
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