State ex rel. Brewster v. Doane

The opinion of the court was delivered by

DAWSON, J.:

This is an original proceeding to test the constitutionality of chapter 210 of the Laws of 1915, and it takes the form of an application for a writ of mandamus to require *436a county clerk to file primary election petitions which are regular under other statutes, but which ignore the provisions of the act in question. The act, in part, reads:

“An act relating to the nomination and election of county superintendent of public instruction.

“Section 1. In any primary election held for the purpose of nominating candidates for county offices and in any…