
    CRAMTON v. SECRETARY OF STATE. GUSTIN v. SAME.
    Elections — Primaries—Submission oe Question — Petitions— Time to File.
    Section 2 of chapter 3 of the primary election law of 1905 (Act' No. 181), providing that petitions for the submission of the question shall be filed at least 30 days before the second Tuesday in June, is mandatory, and the secretary of State properly refuses to consider petitions not filed in time under such section.
    Separate petitions for mandamus by Louis C. Cramton and Henry K. Gustin to compel George A. Prescott, secretary of State, to submit the question of direct nominations by political parties.
    Submitted May 24, 1906.
    (Calendar Nos. 21,743 and 21,747.)
    Writs denied May 24, 1906.
    
      W. E. Brown and H. K. Gustin, for relators.
    
      John E. Bird, Attorney General, and Henry E. Chase, Deputy Attorney General (Thomas • Ambrose Lawler and J. Shurly Kennary, of counsel), for respondent.
   Per Curiam.

The writs of mandamus in these two cases are denied, for the reason that petitions containing the requisite number of names were not presented to the secretary of State within the time prescribed by Act No. 181, Pub. Acts 1905. The language of the statute (section 2, chap. 3, of the act) is:

‘ ‘ The petition *, * * shall be delivered to said city clerk, county clerk or secretary of State at least 30 days before the second Tuesday .of June.”

This provision of the statute is mandatory. These petitions were not presented within the time, and therefore the respondent properly refused to consider them.  