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STATE EX REL SMITH v. APPLING

223 Or. 576 (1960)

355 P.2d 760

STATE OF OREGON EX REL SMITH v. APPLING

Supreme Court of Oregon.

Demurrer overruled; peremtory writ of mandamus issued September 9, 1960.

Attorney(s) appearing for the Case

Lamar Tooze and Lamar Tooze, Jr., both of Portland, argued the cause and filed a brief for plaintiff.

E.G. Foxley, Deputy Attorney General, Salem, argued the cause for defendant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

DEMURRER OVERRULED; PEREMPTORY WRIT OF MANDAMUS ISSUED.

WARNER, J.

Elmo Smith, the relator, is the 1960 primary election nominee of the Republican party for the office of United States Senator. On August 30, 1960, he tendered to the Secretary of State his statement and picture for printing in the "General Election Pamphlet," an election document described in ORS 255.211. The Secretary of State, acting on the advice of the Attorney General, refused to accept...

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