¶1(dissenting).
¶2I am unable to agree with the majority of the Court that further proceedings herein should be stayed. In my view the Court has jurisdiction in this matter under 28 U.S.C.A. § 1343(3) and (4), and under the Civil Rights Act, 42 U.S. C.A. §§ 1983 and 1988.
¶3Conscious as I am of the disinclination of the Federal Courts to entertain litigation which is basically the concern of a sovereign state, I believe there exists here a justiciable controversy which this Court should hear and determine upon the merits.
¶4While I subscribe to the theory of judicial comity and courtesy, I would not confuse it with judicial reluctance in a proper cause which I believe this to be.
¶5The Plaintiffs here, claiming among other things abridgment of basic constitutional rights and substantial disenfranchisement, should not be compelled to engage in further litigation in another forum, when this Court, in my judgment, is a proper tribunal for disposition of the questions here presented.
¶6I dissent.