
    No. 10418.
    The State, ex rel. McClelland, v. Harris, Governor, et al.
    (Decided December 11, 1906.)
    Mandamus.
    
      
      Mr. J. M. Sheets; Mr. C. R. Painter and Mr. J. 0. Troup, for relator.
    
      Mr. Wade H. Ellis, attorney-general; Mr. W. H. Miller and Mr. Cyrus Huling, for respondents.
   Demurrer sustained and petition dismissed on authority of State v. Brewster, 39 Ohio St., 653.

Price, Summers, Spear and Davis, JJ., concur.

Spiauck, C. J., and Crew, J.,

concur in the judgment upon the ground that the form of ballot furnished by the board of elections can not be questioned after the election if the voters’ intention clearly appears, in which view Price and Spear, JJ., also concur.  