State Ex Rel. Burchard v. Byxne

This is an original application for a writ of mandamus directed to the respondent as secretary of state (of the state of North Dakota) requiring him to cause the names of the relators to be printed on the Democratic primary ballot to be voted at the primary election to be held on June 30th, 1926, as candidates for nomination by the democratic party for the various congressional and state offices to be filled at the November 1926 election.

There is no controversy as to the facts which are as follows: The respondent, Robert E. Byrne, is secretary of state of the state of North Dakota. The…