, 1859-07-14
THE SUNDAY GAHDENS AZ cor
TAGE GROVE.
~1F1ttestfsa for xA]xaeftea to Rsyfr4ia
sh<sa--Ths Lafxsesfsa Kfxtfd.

We present herewith complete abstruct
the proceedings in relation to the injunctio
case in the Superior Court, against the propri
tors Of rt;in Sun6ay gardens 1t Gotta.
Grose, *hirh engaged the attention OF tb.
tstbnnal on Monday and Tuesday last, and
which matter his Aonor gavc decision ycste,
day:
The People, The University Of Chicago an
| John West r.. Clemens Kuhine and Ernes
Riedel- Motion for m Injunction to restrai
| the Sunday .gasaens nj Cottage Grove. tn
/ R1n states the location and establishment q
dancing saloon, music stand, open shed 70
selling beer and other liquors, shooting GALLERY
and drinking tables and seats That the rardc,
| is carried on, particularly on Suudays. and 1t
tracts crowds By tens of. thonsands, includip,
"idfc, drunken aid disorder1y persons. !" q. vel
in the gar1en as in the highway ut that place
and thai such crowds. in the highway there, b.
Ing, disturb the pedee of The people residips
there, e the inJary Of such people. the injur1,
Of the University Of Chicago. aud the injury a
the property Of John West.
From the answer OF the defendants. ne malt
the following abstract;
The defendants deny that their i1ire,,.,a.s .,.
near to any, dFet|tnx {oshkr than dstsndan,s IT. =
mouse, OF ta6t they Gre within hearing al
any private neighborhond, unless some rer,
loud noises should be made therein. Thev ~,
pressly deny that there haa becn tXr bow1in4
alley On any part Il tie premises, or that thew
here had, or Intended to hare, any at saitt
place. They admit having shooting gallery
On the premises. but deny that it is i deriee
icf gambling; that the shooting is done by an
air guu, and makes little Or nd nnise, aod I'd.
mission to this gallery is charged at iive cents
pcsscn. They state that the music given has
been furnished by the Great Western land
who the defendants avrr 10 be lone at the
most skilfful md accomplished bands in the
CITY, and rlay, e1eellent!y vel! in sacred and
The defendants admit that they hase fur:
nlsaed Lager Beer, wines, and spirituous ,iquors
in the gatdeh, bit dcny that theirs is a Sunday
Beer uutden, butt is in fact known as, and
called, "sum1ncr garden" They 1eny tia.
there has been my card playing, dancing, or
playing nt aud 10 pins in The premises. or Tint
taeY sill permit any On Sundays; and further.
Inc defendants do not suffer. any GAMES to be
played on Sundays: fhs defendants deny that
t1eE hare ai!o"ed or do occasion great crowd
and frequenters Of houses Of i'll fame. to assem.
b'e on 1tc premises, and they further say if
such characters hare gained AdmittancS into the
gatdens, closes ard t4rdk Of familics in tt,e
nc.Ehborhnod OF Cottaee Grove, it is not their
lnoit~ They aver that there has been no breach
Of the pence 10 their knowledge, aud attend
ance TO no Church has been interfered with in
tnht Vicinity and farther that the nearest
Church Is ut CieaEerssifIe, which Is sorrethinc
Less than mile from theis premises. md that
nofhiog but faint sounds from the Band could
mare fenched the ears OF the worsl,ippers, That
taey have hultt a tavern on the ground. and Mr.
htedels family reside therein; also. that on the
:5ist Of Aay they received tarern license from
the County Clerk. The defendants further
Gsa1m shat they we're not keeping tavern ,,p-
der license the oflense Of selling Intoxicating
liquors, and the other matters alleged i,y the
People, is without sle Jurisdiction Of this Court,
and IL recognizable ia the Criminal t;ourts
alone, and Say that they arc ready and willing
to cease the vending Of any ardent tpirj,s or
wines. eAt that the beverage kwown
Us as Lager Beer is not IN Intoxicating liquor. and
insist that Us it is not i is therefore NIT within
the 1ncaring Of the prohibition: md
therefore thai they have 1awfnl right to fur
n'sh the same as their Gardca. They deny tl.ut
their Garden is 4 nuisance TO the Uhiversity--
winch is half mile from the garden and
there are places for tho sale Of into oxicntng L.
9uora mach nearer ia the Uniscrsitv
than theirs, and "bcsides that the supposed
sesthist s*s .de, :tse'n,s 20 ssuuy sy dg n5 een m min
s'sy into the heart Of the city, where ii.
manner OF snares are set, and Temptations
abound" The defendants state that as the
Gso'c has been always open to the public, il has
been iayorltc resort Lang before the Gardens
were established, and deny that their object is
TO annoy tie public, but affirm TINT such gar
dcns are general in Germany, aud so far from
their being anything wrong 10 them, many who
70 10 ctlutch IN the morning OF Sunday arc in
the habit Of visiting these gardens to epioy
pure alr mud innocent recreation. and the de-
1entanis believe there is nothing ia the Consti-
tuition Of The State or United States to prevent
tnem trora Keeping the garden open. The rest
Of the answer is deroted 10 a rcfi,tatjon Of lie
allegations, b. John West, as to tbe pecuciary
interests Of his property, and the law in tho
case
Nm. MARTIN opened the case for the COM
md took the ground 4hat The acts
complained Of amount to public nuisance by
reason Of thesr tendency to COLLECT toee,her
crowds of idle, and dissspated, and noisy peonle
citing Eents7s, 1G!; keb!e, 4S5; Hawk,
y. C., t;93: Str, 7o4; 6 Black, 474; 8 B.aek,
20; 20 y h.'I. II. in which Judge Cowen reriews
!es:er cases as being III full force il this couu-
try. The same principle is fully examined and
adopted in II Shepley, G:i. He argued that the
keepers Of the gardens are liable for the assem-
tly Of the outside luwfess crowds, and a1l their
violence and annoyance-Rcx. V. Moore, ) B.
t a.; Rex 7. Carlisle, c. i T., CSC; lst
Dcnio. 534; that these doings on Sunday,
stitution Of tue Christian Sabbath is part Of
the common law, nnd especially saved in the
constitution ef the State-2 Howard, le5: )
English Ark, Ely. Il court Of equity bus I'm.
doubted jurisdiction ia the case-Eden on In
juno, :!!5a, 267-6--alshough chancellor Kent had
some doubt Of tic Jurisdiction Of the court un.
less some pirate right Of property is Affected
and the contrary rule adopted Gu, p. 81; 5
porter, Aia,> 3l2; Eug. &. L. l. f. III. Tnat
= court Of Equity has ncver denied the jurisfic.
tlou. md it holds as 10 nuisances generally, and
not 10 any particular kinds, that tue public
health and saicty {nud q ,fortiori the public
reaee} is stronger case for Equity interference
than obstruction Of Il highway-al Pick. :i5.
the reason for iae jur;stl,c.ioa, namely to ore.
seut the multiplicity Of suits Of several penal.
ties, besides, which The nuisances are continuing
the danger is in the future. Equity can protect
us against the future, ~iilst the common and
criminal Inv can only ranish the past.
MR. ASruosr in reply, argued that Equity
ing public morals. The crim,nal law Is Ill row.
eriul for that purpose. lie relied principally to
tue case Of Johns, Oh. There Is no case ike
the present whcrc court Of Equity has inter;
fered. The selling Of liquor was fexaiized-.s
Darle; 5. e. p. 4l4-and cannot therefore u
declared u NUISANCE
Mr. Mc.AusrEn on the same side, argued that
nothing cxu save this bill from utter demolition.
gal. John West hss no such interest as author
lses his being . party.. Atty Gen. Nicol. l6
yes. The diminution Of valne merely, is not u
gEound. Dane and others e. Ballantine, 5Met.
!. The bill does not make Out case Of nuisance
As against the college, for the specific inquiry
must he stated as to the crowds No doubt the
people liEing ahout there bare been annoyed,
but then the horse raailway has run to the
Grove. We hare now l0O, 900 people, many
working hard iu the week, the bone and sipew
of the country that want their rec1eas;on. and
must have it, A part Of the rights Of mau. II
is not necessary for men TO 70 to churches to
make long faces If they arc worked al she
day in church, 50 all these men ieel who seek
the nar, the woods aud the green fields.
Tho raiway company hare been compelled to
sun against their will Ii il not the gardens.
but the railway ,ashat carries the crowd. The
aapoyances gre outside the gardens. There
were plumbers Of prostitutes ut the prayer
meetings at Metropolitan Hail year ago. 1t is
crowds. The Germans me- provcrhia!ly ou;st
aud pe&ceable. They 80 there and arc happy.
They take their lager beer, which does uol ill.,
to1icAta. Il has been the policy to inrite for
eigners to this country, md to say that they
shall not enjoy tue privileges which they did
auder Il mouatrhy is = libel on our institutions.
The defendants ate licensed 70 keep tavern,
The Sunday statutes corer the rase (diy. Ri
and provide specific and cou1p1c,e rrmedy.
The novel,y Of tha application is the reason
tue court should have au impression against it..
The defendants hare themselves employed 20
lice of6eera to keep the peace. They keep L
respectable place, and claim they hare right
there.
AR, k1so, for the people, rrp!ied, ~ to the
form Of the bill they hare answered, aud csnout
now rsisc questions Of foEm. This is merely Z
formal question Story e. pl lnfotmations