Byron G. Allen and Others v. Mrs. Mike

This is an original proceeding commenced pursuant to M.S.A. 205.78 wherein petitioners seek an order of this court directing the respondent, as secretary of state, to refrain from printing the name of Frank P. Ryan, a purported candidate for the office of United States senator, on the white ballot 2 to be used at the forthcoming general election on November 2, 1954. On Saturday, October 2, 1954, Frank P. Ryan presented to the respondent certain documents purporting to be a petition constituting a certificate of nomination of Ryan as a candidate for senator. Upon presentation the documents were accepted by the respondent and filed in her office. On October 6, 1954, petitioners applied to this court for an order directing the secretary of state to omit the name of Frank P. Ryan from the ballot or show cause why she should not do so. The order applied for was issued. The secretary of state made return to this order on October 7, 1954, and the matter came on for full hearing before this court on October 8, 1954. Petition by Frank P. Ryan for leave to intervene was granted. After the hearing the order to show cause was discharged. 3