
    The State, ex rel. Graf, Appellant, v. Brown, Secy. of State, et al., Appellees.
    (No. 36263
    Decided October 21, 1959.)
    
      Messrs. Bradley & Farris, for appellant.
    
      Mr. Mark McElroy, attorney general, Mr. John A. Hoskins, Mr. Gerald J. Celebresse, Mr. Earl W. Allison, prosecuting attorney, and Mr. Chester Hummell, for appellees.
   Per Curiam.

The judgment is reversed on authority of State, ex rel. Wesselman, v. Board of Elections of Hamilton County, ante, 30, and the cause is remanded for further proceedings in accordance with the opinion of this court in that case.

Judgment reversed.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and Peck, JJ., concur.

Bell and Herbert, JJ.,

concurring. Although we did not concur in the judgment in State, ex rel. Wesselman, v. Board of Elections of Hamilton County, ante, 30, the doctrine of stare decisis impels us to concur herein. To do otherwise would result in the ridiculous situation of this statute being unconstitutional in Hamilton County by virtue of the affirmance of the judgment of the Court of Appeals by a majority of this court but constitutional in Franklin County because fewer than sis judges of the court believe it to be unconstitutional. Section 2, Article IV, Constitution. See Johnson v. O’Hara, 156 Ohio St., 117, 100 N. E. (2d), 223, and Mele v. Mason, 156 Ohio St., 118, 100 N. E. (2d), 224.  