Updegraff v. Gary

JOHNSON, Chief Justice.

This is .an appeal by plaintiff, Paul W. Updegraff, from an order of the District Court of Oklahoma County refusing to issue a writ of mandamus requiring the Honorable Raymond Gary, Governor of the State of Oklahoma, to place on the ballet for the primary election July 3, 1956, all initiative petitions and referred measures accepted by the Secretary of State, ■of which the Governor had been notified.

The plaintiff alleged in his petition that it was the ministerial duty of the Govern- or under 34 O.S.1951, § 12, to call an election on the date of the mandatory primary…