Hellertown Borough Referendum Case

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from the decree of the court below overruling defendant’s challenge of its jurisdiction over the subject matter of this litigation and dissolving the preliminary injunction granted in response to the bill filed.

Sixty days prior to the general election held in the Borough of Hellertown, Northampton County, on November 6, 1945, a petition for a referendum to determine the will of the electors of that Borough with respect to the exhibiting of motion pictures after two o’clock P. M. on Sunday, was filed with the corporate authorities of the…