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WAYNESBORO SUNDAY MOVIE REFERENDUM CASE. (10/13/55)

October 13, 1955

WAYNESBORO SUNDAY MOVIE REFERENDUM CASE.


Appeals, Nos. 70 and 71, Jan. T., 1956, from order of Court of Common Pleas of Franklin County, Vol. S., page 253, in re referendum for Sunday motion picture exhibitions in Borough of Waynesboro. Order affirmed.

COUNSEL

J. W. Keller, and him Keller & Keller, for appellant.

Anson B. Good, with him LeRoy S. Maxwell, and Maxwell & Good, for appellee.

Before Stern, C.j., Stearne, Jones, Musmanno and Arnold, JJ.

Author: Jones

[ 383 Pa. Page 163]

ORDER PER CURIAM, October 13, 1955:

The order of the Court below is affirmed at the cost of the respective appellant in each of the appeals.

Opinion will be filed later.

Opinion BY MR. JUSTICE JONES, November 14, 1955:

These appeals are from an order of the court below sustaining objections to a petition filed with the County Commissioners of Franklin County for a referendum on the question of exhibiting motion pictures on Sunday in the borough of Waynesboro. The petition sought to have the statutorily prescribed question submitted to the electors of the borough at the municipal election to be held on November 8, 1955. The court below sustained the objections, dismissed the petition and directed the County Commissioners not to submit the question to the electorate. These appeals followed. Because of the urgency of an early and final disposition of the controversy, we advanced the date for the argument of the appeals; and, after considering the oral arguments and typewritten briefs of counsel, we

[ 383 Pa. Page 164]

    entered an order affirming the order of the court below, noting at the time that an opinion would be filed later.

The appellants raise two questions, viz., (1) whether a petition for a referendum on the showing of motion pictures on Sunday can be circulated for signatures only during the twenty days prior to the last day for filing such a petition and (2) whether objections to a referendum petition can be filed more than seven days after the petition has been filed with the corporate authorities of the municipality or political subdivision involved. The learned court below held that the petition could have been validly circulated only during the indicated twenty-day period and that objections are ...


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