Craig v. Brown

         JUDGES: In Bank. Henshaw, J., Van Fleet, J., Harrison, J., Temple, J. McFarland, J., concurring. Garoutte, J., dissented. Beatty, C. J., dissenting.

         OPINION

         THE COURT          We are of opinion that the application for a writ of mandate should be denied, holding that the designation "National Democratic" is not calculated to deceive.

         CONCUR

          McFARLAND

         McFarland, J., concurring. I concur in the judgment; but I also think that the question -- under the peculiar form which this petition for a writ takes -- was determined by the secretary of state when he accepted and filed the certificate, and that his action cannot be reviewed on this proceeding.

         DISSENT:

         BEATTY

         Beatty, C. J., dissenting. I dissent.

         I cannot distinguish this case from the Dolan and Ewing cases, in which we held that candidates nominated by petition are not entitled to a party designation which might mislead voters.