
    Jeffrey Dean LACAZE v. Perry M. JOHNSON, Jr., Individually and as Parish Custodian of Voting Machines in and for the Parish of East Baton Rouge, et al.
    No. 55562.
    Supreme Court of Lousiana.
    Nov. 14, 1974.
   In re: Jeffrey Dean Lacaze applying for Use of Plenary Powers and Exercise of Authority and Supervisory Jurisdiction.

Writ granted. The judgment of the Court of Appeal is reversed and set aside —The judgment of the trial court is reinstated including the restraining order. Proceedings shall go forward in the trial court. R.S. 18:1193 and Roudebush v. Hartke, 405 U.S. 15, 27, 92 S.Ct. 804, 31 L.Ed.2d 1, are authority for state judicial inquiry into these proceedings.

SANDERS, C. J.,

dissents from the summary reversal of the Court of Appeal judgment, without hearing.

SUMMERS, J.,

dissents for the reasons stated by the Chief Justice. Further, this action leading to the elimination- of all votes cast in only a particular polling place will be tantamount to the disenfranchisement of every legal voter of the precinct, and this might well defeat the will of the people. The issue whether the Louisiana courts have jurisdiction to entertain a suit for an election contest brought at the proper time is not before us. Such an issue is to be determined when properly presented.  