State Ex Rel. Ewing v. Reeves

(concurring in the result) — The foregoing opinion arrives at its result by holding that the relator’s name cannot be placed upon the general election ballot because he neither received the greatest number of votes nor the next greatest number. There are additional, and to my mind compelling, reasons for the result reached. These are that Judge Main’s declination did not render his nomination void; that the names, John F. Main and Joseph A. Mallery, are, by the clear mandate of the legislature, required to appear upon the ballot; and that, since but two names can lawfully appear thereon, the…