Baker v. Democratic State Central Committee of La.
| Decision Date | 16 August 1972 |
| Docket Number | No. 52759,52759 |
| Citation | 266 So.2d 199,262 La. 1033 |
| Parties | William H. BAKER v. DEMOCRATIC STATE CENTRAL COMMITTEE OF LOUISIANA et al. |
| Court | Louisiana Supreme Court |
Thomas W. McFerrin, Baton Rouge, Camille F. Gravel, Jr., Alexandria, Arthur C. Watson, Watson & Murchison, Natchitoches, Blake G. Arata, New Orleans, William E. Logan, Lafayette, R. Harmon Drew, Minden, James G. Boyer, Lake Charles, Vincent J. Sotile, Donaldsonville, Stephen P. Dart, St. Francisville, Paul Henry Kidd, Monroe, Edwin O. Ware, Alexandria, Captain Jack Wyly, Lake Providence, for relator.
Holloway, Baker, Culpepper, Brunson & Cooper, William H. Baker, Jonesboro, for appellee.
In view of the great public interest in this matter and giving particular consideration to the exigencies of the matter as relates to time, we herewith hand down our decision--the reasons for which will follow in due course.
The writ of certiorari herein prayed for by applicant, Democratic State Central Committee of Louisiana, is granted.
It is ordered that the Honorable Wade O. Martin, Jr., Secretary of State of the State of Louisiana, is hereby ordered to tabulate and compute, promulgate and certify the returns of the Democratic Primary Election for United States Senator which will be held on August 19, 1972; that the candidate receiving the largest number of votes in said primary election shall be certified by him as the nominee of the Democratic Party of the State of Louisiana for the office of United States Senator from the State of Louisiana to be voted upon in the General Election to be held on November 7, 1972; accordingly, the demands of plaintiff, William H. Baker, are rejected and his suit dismissed at his cost.
Involved herein is the legality vel non of the resolution passed by the Democratic State Central Committee of Louisiana on August 7, 1972:
'RESOLUTION
'Whereas, the Honorable Allen J. Ellender, United States Senator from Louisiana, had a long and distinguished career of devoted service to this State and Nation; and
'Whereas, Senator Ellender has departed this life to the regret of each member of this Committee and to the loss of Louisiana and the United States; and
'Whereas, since his death some question has arisen as to whether the Democratic primary called for August 19, 1972 to select a nominee of the Democratic party for the office of United States Senator, should be called off or postponed; and
'Whereas, it is the sense of this Committee that, under the existing circumstances, it is neither desirable nor legally permissible to cancel, call off, or postpone the primary election, now set for August 19, 1972;
'NOW THEREFORE BE IT RESOLVED by the Democratic State Central Committee of Louisiana;
'(1) That the primary election scheduled to be held on August 19, 1972 to select a nominee of the Democratic party for the office of United States Senator, be held as originally called by this Committee on June 9, 1972;
'(2) That the qualifying for the primary election shall not be reopened, and that the August 19, 1972 primary election shall be held between the two remaining Democrats who have legally qualified for this office;
'(3) That the ballots originally printed shall be used for the August 19, 1972 primary election and should any votes be cast for the deceased, this Committee hereby directs all commissioners and other officials having duties relating to such election that such votes not be counted or tabulated for any purpose.'
By decree rendered in this case on August 16, 1972, we granted the writ of certiorari herein prayed for by applicant, Democratic State Central Committee of Louisiana, and ordered that the Honorable Wade O. Martin, Jr., Secretary of State of the State of Louisiana, tabulate and compute, promulgate and certify the returns of the Democratic Primary Election for United States Senator held on August 19, 1972. We further ordered that the candidate receiving the largest number of votes in said primary election shall be certified by the said Honorable Wade O. Martin, Jr. as the nominee of the Democratic Party of the State of Louisiana for the office of United States Senator from the State of Louisiana to be voted upon in the General Election to be held on November 7, 1972; we also rejected the demands of plaintiff, William H. Baker, and dismissed his suit at his cost.
Because of the great public interest in this matter and giving particular consideration to the exigencies thereof as relates to time, we handed down our decision, with these reasons to follow.
This litigation commenced on August 8, 1972, when William H. Baker, a resident of Jackson Parish, Louisiana, claiming to be a registered Democratic voter and taxpayer of Jackson Parish, filed a petition for mandamus in the Nineteenth Judicial District Court for the Parish of East Baton Rouge. The defendants in said petition are the Democratic State Central Committee of Louisiana, Honorable Wade O. Martin, Jr., J. Bennett Johnston, Jr., a resident of the Parish of Caddo, and Frank Allen, a resident of the Parish of Ouachita.
Mr. Baker alleged that Mr. Johnston and Mr. Allen, along with the late Honorable Allen J. Ellender, qualified for the position of United States Senator with the Democratic State Central Committee of Louisiana to run in the August 19, 1972 Democratic primary; that after the closing of the qualifying date, Honorable Allen J. Ellender, the incumbent Senator, passed away on July 27, 1972, his death occurring within thirty days of the primary election.
Mr. Baker further alleged that under the express provisions of LSA R.S. 18:361(D) 1 the Democratic State Central Committee has an administrative and mandatory duty to call and hold another primary election in the manner and within the time as provided in LSA R.S. 18:305 2 to nominate candidates for the office of United States Senator in the special election called as provided by LSA R.S. 18:631. 3
He further alleged that the Democratic State Central Committee was advised of its mandatory duty by William J. Guste, Attorney General of the State of Louisiana, 4 and that the Democratic State Central Committee met in Baton Rouge, Louisiana, on August 7, 1972, but failed, neglected and refused to follow the mandates of LSA R.S. 18:361(D) and arbitrarily and capriciously failed to call and hold another primary election as required by law and failed and refused to allow other candidates to qualify for the position of United States Senator.
Mr. Baker prayed that the Democratic State Central Committee and Honorable Wade O. Martin, Jr., Secretary of State of the State of Louisiana, be ordered to call another primary election or show cause at a date and hour to be set why they should not be required to do so. Service of process was made upon all four defendants.
The District Court on August 8, 1972 ordered the Democratic State Central Committee and Honorable Wade O. Martin, Jr. to show cause on August 17, 1972 why they should not be ordered to call another primary election.
On August 14, 1972, the Democratic State Central Committee of Louisiana filed in this Court an application for writs of certiorari, prohibition and mandamus under its supervisory powers. It alleged that on August 7, 1972, the Democratic State Central Committee of Louisiana convened and by a vote of 93--22 determined that LSA R.S. 18:361(D) did not require or permit a period to allow new candidates to qualify, nor did it require or permit the scheduling of a new Democratic primary for the United States Senate seat; that the Democratic State Central Committee further determined that the Democratic primary for the Senate seat would proceed as scheduled on August 19, 1972 with the remaining candidates, Frank Allen and J. Bennett Johnston, Jr.
The application further alleged that on August 10, 1972, Honorable William J. Guste, Attorney General of Louisiana, upon request of Honorable Wade O. Martin, Jr., issued an advisory opinion to the Secretary of State concerning said primary election, in which he stated: 'it is our opinion that absent a court order, you should tabulate and compile but refrain from promulgating or certifying any such returns.' 5 The Democratic State Central Committee further alleged that a determination by a lower court on August 17, 1972, or immediately thereafter, gives inadequate time for normal appellate procedural remedies because time is of the essence and a prompt determination is absolutely essential for the protection of the rights of all parties; it maintains that its decision of August 7, 1972 is both legal and proper and without immediate intervention by this court under its supervisory jurisdiction, orderly and timely resolution of the questions is otherwise impossible; that without immediate action of this court, the August 19, 1972 primary will be conducted under a cloud of legal uncertainty. It alleges: 'Indeed, Petitioner avers and verily believes that the effect of the August 10, 1972 opinion of the Attorney General is to enjoin the Secretary of State from performing his ministerial duties under the laws of this State in certifying the returns of the primary election and thus to usurp the judicial powers of the courts of this state.' (Emphasis ours)
We now pass to a discussion of the points urged by applicant in its brief.
This court has in the past used its plenary powers in this fashion a number of times. Long v. Martin, 194 La. 797, 194 So. 896 (1940); State ex rel. Le Blanc v. Democratic State Central Comm., 229 La. 556, 86 So.2d 192 (1956); State ex rel. Pearce v. Democratic State Central Committee, 229 La. 555, 86 So.2d 191 (1956); State ex rel. Rosenstock v. Democratic Municipal Exec. Comm. of Town of Westwego, 197 La. 469, 1 So.2d 697, 699 (1941); and more recently, Seegers et al. v. Parker et al., 256 La. 1039, 241 So.2d...
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