We are of opinion that the application for a writ of mandate should be denied, holding that the designation “ National Democratic ” is not calculated to deceive. Henshaw, J., Van Fleet, J.,

Harrison, J., Temple, J.

I dissent. I cannot distinguish this case from the Dolan and Ewing cases, in which we held that candidates nominated by petition are not entitled to a party designation which might mislead voters.

I concur in the judgment ; but I also think that the question—under the peculiar form which this petition for a writ takes—was determined by the secretary of state when he accepted and filed the certificate, and that his action cannot be reviewed on this proceeding.

Garoutte, J., dissented.