Lycoming County Court today delayed the preliminary injunction about the Sunday movie case. This had the effect of placing the matter on the November general election ballot.
Making their decision today Judges Don Larrabee and Charles S. Williams held a court of equity on the restraining order was without authority to assert jurisdiction of the question of the preliminary injunction argued October 6.
The opinion further states no objections were file to the referendum preparations within the seven-day period following for such petitions, to wit September 7. The petitioners did not start action until last Saturday when a preliminary injunction was prepared by the Williamsport Ministerial Association and others requesting the county commissioner proceed further. Testimony seeking a permanent injunction was argued on Tuesday of this week.
The local court based its ruling of the Pennsylvania Supreme Court of September 24, 1943.
The county court obtained a copy of the 1943 case opinion in which it found the local case related to that case. In the Thompson case the Supreme Court ruled that it was the duty of anyone objecting to a petition to submit written objections in the matter within seven days after September 7 and further ruled that Equity Court has no jurisdiction in the matter.
Following receipt of the local court’s decision the Election Bureau that it will continue to mail to servicemen and women the Sunday movie ballots.