
    No. 18119
    John E. McCrehen, ex rel. State of Ohio, v. Thad H. Brown, Secretary of State.
    In Prohibition.
    164A. ELECTIONS.
    Referendum — Secretary of State oannot determine the sufficiency of petitions for — Nor as to any question relative thereto, until returned to him from Deputy State Supervisors — Duties of Secretary, under 5175-29h GC., are mandatory, as to immediate transmittal of parts of petition to the various counties.
    1. Section lg, Article II, of the Constitution of Ohio and the laws which have been “passed to facilitate their operation” by the General Assembly confer no power upon the Secretary of State to determine the suciffiency of the referendum petition or any of its parts at the time such petition is filed with the Secretary of State. The Secretary of S has neither express nor implied power to make aiiy' determination relative to such petition until after the parts thereof have been transmitted to the boards of deputy state supervisors of elections of ■the counties from which there appear names of electors on the parts of such petition, and after the same have been returned to the Secretary of State with certification of the numbers of signatures thereto.
    2. By virtue of the provisions of Section 5175-29h, GC., it is the duty of the Secretary of State immediately to transmit the parts of such petition, upon the same being filed in his office, to the boards of deputy state supervisors of elections in the vari ous counties from which there appear names of| electors on the parts of said petition, and such dutyj is mandatory.
   Writ allowed.

Wanamaker, Day and Allen, JJ., concur. Robinson, J., concurs in judgment. Jones, J., not par-j ticipating.  