Starkweather v. Hoss

This is an original proceeding in mandamus to compel the Secretary of State to place the plaintiff’s name on the official ballot for the general election occurring November 6, 1928. The cause is submitted to us upon the alternative writ and a demurrer on behalf of defendant in answer thereto.

The facts disclosed by the writ are not in dispute and are substantially as follows:

At the primary election, held May 18, 1928, James W. Mott, who had filed his declaration as a Republican candidate for representative in Congress from the First Congressional District of Oregon, and whose name was printed…