Pottsville Referendum Case

This is an appeal from an order made on October 31, 1949, by the Court of Common Pleas of Schuylkill County, setting aside a petition to place upon the ballot for decision at the election of November 8, 1949, the question whether motion pictures may be exhibited on Sundays in the City of Pottsville. Upon an appeal being taken to this Court we granted a supersedeas.

At the election held on November 8, 1949, the Pottsville electors voted 5,732 to 3,418 in favor of Sunday moving pictures.

The referendum petition was filed under the provisions of the Act of July 2, 1935, P. L. 599, as amended, 4 P.…