In this proceeding, sixty-eight members of a labor organization, not certified as a representative of the workers of the employer in question, have filed a complaint seeking relief under the Civil Rights Act, 42 U.S.C. § 1983. Each of the plaintiffs have been arrested and charged in Cambria County, Pennsylvania, with engaging in an "unlawful assembly" in violation of the Act of June 24, 1939, P.L. 872, § 401, Act of July 29, 1953, P.L. 1420, § 1, 18 P.S. § 4401. Defendants are the District Attorney of Cambria County, the Attorney General of the Commonwealth of Pennsylvania, the Commissioner of the Pennsylvania State Police, a Justice of the Peace, and numerous officers of the Pennsylvania State Police.
The complaint as originally filed asked for the empanelling of a three-judge district court to declare the above-recited Pennsylvania Act of Assembly unconstitutional. This was denied on October 22, 1970, by the Honorable Wallace S. Gourley, Senior District Judge of this court, for the reason that there was no substantial basis for the attack on the constitutionality of the Statute which had previously been held valid by a three-judge court in the Eastern District of Pennsylvania, Heard v. Rizzo, 281 F.S. 720 (E.D. Pa. 1968) aff'd per curiam 392 U.S. 646, 88 S. Ct. 2307, 20 L. Ed. 2d 1358 (1968).