Appeals, Nos. 314 and 319, Jan. T., 1967, from decree of Court of Common Pleas of Philadelphia County, Dec. T., 1966, No. 3448, in case of Arthur E. Newbold, III, Cynthia T. Smith, Robert L. Leonard et al. v. Maurice S. Osser, Thomas P. McHenry, Louis Menna, City Commissioners, et al. Decree reversed. 479
Levy Anderson, First Deputy City Solicitor, with him Frank J. Pfizenmayer, Assistant City Solicitor, Matthew W. Bullock, Jr., Second Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellant.
Marvin Comisky, with him Goncer M. Krestal, Martin Vigderman, Abraham E. Freedman, and Blank, Rudenko, Klaus & Rome, and Freedman, Borowsky & Lorry, for appellants.
J. Pennington Straus, with him Carter R. Buller, Tyson W. Coughlin, Howard H. Lewis, Irving Morgenroth, Eugene F. Waye and Edward E. Russell, for appellees.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION PER CURIAM, April 19, 1967:
Decree reversed, Opinion to follow. Each party to pay own costs.
Opinion BY MR. JUSTICE ROBERTS,*fn1 May 24, 1967:
This is an appeal by the City of Philadelphia and by ten members of the City Council of Philadelphia from a preliminary injunction entered by the Court of Common Pleas of Philadelphia County declaring invalid
under the Constitutions of the United States and of Pennsylvania and under the Philadelphia Home Rule Charter an ordinance of city council apportioning the city into ten councilmanic districts. In addition to declaring the ordinance invalid, the court below directed that, pending enactment by city council of substitute constitutionally valid legislation, all district councilmen should be nominated and elected from the City of Philadelphia at large.
Section 2-101 of the Philadelphia Home Rule Charter provides that Philadelphia's city council shall consist of seven members elected at large and ten members each of whom shall be elected from one of ten districts into which the city is divided. Section 2-102 of the charter requires city council within six months of the publication of the decennial census to redistrict the city into councilmanic districts each of which "shall consist of a ward or contiguous wards containing as nearly as possible the population factor obtained by dividing the City's population at the preceding decennial census by ten." On December 21, 1961 an ordinance was adopted pursuant to § 2-102 of the charter. Thereafter, on August 2, 1965, the Court of Quarter Sessions of Philadelphia ...