STATE Ex Rel WERNMARK v. HOPKINS

This is a proceeding in mandamus which was instituted in this court as authorized by Constitution of Oregon, Art VII (amended), § 2. Immediately before this proceeding was instituted, the relator had tendered to the defendant, county clerk of Jackson County, a declaration of his candidacy for the Democratic nomination for the office of county judge of Jackson County, and the defendant had refused to file it. Thereupon this proceeding was begun. The petition was challenged by a demurrer on the ground that it did not state a cause. Due to the fact that the time for filing declarations of…