Marcum v. Ballot Com'rs

Brannon, Judge:

A question presents itself which, I confess, has greatly perplexed me, requiring close thought and nice discrimination for its solution. Does mandamus lie in this case? Until our present election law, called the “Australian Ballot,” courts did not know political parties as such. They had no status as such in legal contests except in congress and other political bodies, but under the new election law they have distinctive legal existence whenever questions arising under it come before the courts.

Two certificates of nomination forjudge of the eighth circuit, emanating from two…