In re Olyphant Borough Councilmen

Leach, P. J.,

This is a petition by certain candidates for the office of councilman in *41the Borough of Olyphant to vacate an order decreasing the number of councilmen from three to one. Said order was made in 1934 under the authority of The General Borough Act of May 4, 1927, P. L. 519, sec. 816, 53 PS §12707.

Certain courts have' refused to exercise jurisdiction under the above act, claiming that the act is unconstitutional. No opinion setting forth the grounds for the unconstitutionality of the act has ever been reported. There is no history of any action by an appellate court -thereon.…