Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1893-06-17
OPENS THE GATES.

ShSohe NOUfe VI <sppehth SettinH AbtuS
the Injunction Against Sunday Opening
of the Worlds Fair-The Opinion In
Full.
CHICAGO, June 19.-The worlds fair
is to be kept open on Sunday in the fu-
ture Such was the unanimous decision
of the United States circuit court of
appeals, Chief Justice Fuller presiding,
given at IL a. m. Saturday.
The appeal from the order of Circuit
Judges Woods and Jenkins closing the
fair on Sundays had been argued for
two days and the court of appeals re-
versed it and held that the local di-
rectory could do as it pleased in the
matter.
Chief Justice Fuller rendered the de-
cision, in which both Judges Allen and
Bum concurred. Following is the full
text:
"Deeming it desirable that the matter should
be disposed Of at once, we shall announce the
result arrived at postponing for want of time
the elaboration Of the views expressed, which
will hereafter be filed Appellees have sub
mitted motion to dismiss this appeal
upon the grounds that the juris-
diction of the circuit court was in issue;
that the case involved construction or appli.
cation of the constitution OF the United States,
and that the constitutionality Of the law of the
United States was drawn into question therein
that therefore the appeal from the final de-
cree would lie to the supreme court Of the
United States and not to this court, and hence
that this appeal, which is from an interlocutory
order, cannot be maintained under the seventh
section Of the judiciary act of March 3, 1891.
I'VE do not unders tand that the power Of the
circuit court to hear and determine the case
was denied, but that the appellants contended
that the United States had not by their
| bill made case properly cognizant in
court of equity. The objection was want
OF equity and not u want of power. The juris-
dction Of the circuit court was therefore not in
issue within the meaning and intent OF the law
so far as the constitution or the application of
the constitution of the United States and the
constitutionality of the laws of the United
| States are concerned.
I'VE are of opinion that the order we
| called upon to review involved drew into
| question neither the one nor the other in the
sense that the action Of the circuit court was in
voked. The disposal Of the proceedings or the
| disposition OF the contention rests upon the
| ground as to whether the decision had any refer
| ence TO the construction or application of the
constitution or the validity of acts of congress
in respect of that instance; and the conclusions
| upon which the order was based were invoked
| by considerations of that character.
THE jurisdiction of this court to review the
! order cannot be defeated at the instance of the
| appelees because the constitutionality of the
matter upon which they rely may have been
1.-THE question to be determined Is whether
| npon this record preliminary injunction should
| have been granted. The bill AYERS that the de-
| PENDANTS are usurpng powers involving author
| ity'over the exposition and the grounds, and in
| virtue thereof assumes to open the exposition
| on Sunday in contraventon of the acts of con.
| gress-notwithstanding such opening would be
| OF great injury and grievous prejudice TO
the common public good and to the welfare
| of the people OF the United States. 1t
&c N
| tcrest of the complainant will be in
| jurcd by the threatened action, is there
| any allegation of irreparable injury proba-
| BILE loss by such action. But it is said that the
| intervention Of the court may be rested upon
| the protection of the United States IN its pos
session OF the grounds of the exposition for the
| purpose OF protecting the United States in its
| possession. The furnishing of the five million
| souvenir coins was a condition upon the local
corporation by the United States, in addition to
| the many millions it had already contributed,
| the further sum of s., 800 600 and the giving TO
| the government OF n satisfactory guaranty
| that it would provide all additional sums neces-
| sary for the complete construction OF the work
| prior to May /, 1893, and was subject 10 two
| conditions subsequent namely: The payment
| by the corporation of all expense, costs and
| charges of the great departments of the expo
| sition and the closing of the exposition on sun
| day.
I'm view of the vast previous expenditure of
| the corporation and the extent of the obiga
| tions assumed, the right of all parties con.
cerned and the nature of these conditions,
| and the conditions subsequent We do not
| think this IA proper case for the rule
| in question, nor can we concur in the
| proposition that the appropriation of the
| t2,500,O00 amounted 20 charitable trust, upon
| certain conditions warranted The appropria
tion was made for the purpose of aiding in de-
| fraying the cost of the completion OF the work.
and 10 be paid over vouchers for labor done,
material furnished and services performed in
the prosecution of the work. 1t was an appro-
priation for the benefit of the local corpora tion
to help it out of its financial diffculty and to
enable it to complete its undertaking, and as
such does not come under the accepted defni.
tion OF a charitable gift for the beneht OF an in
definite class OF persons So far as the purpose
OF the appropriation subsequently made is con-
cerned, that purpose had to be accomplished be-
fore the money could be paid over.
''rhe decision of the court might interpose to
protect the United States in its possession but
II is the local corporation that is in actual pos
session under the law OF the state and of the
ordinance of the South park commissioners
| The possession Is recognized by the acts OF
congress essential to the construction and
administration OF the exposition by the corpora.
| ton In that construction the corporation has
invested Sl600J,000 under circums tances that
preclude the view that the United States has
| exclusive administration and authority in the
| premises. 1t is perfectly clear that congress
never intended that congress should become re-
sponsiblc for the construction of any of the
) buildings except its own or for the work pro-
: vided for by the appropriation. However, il
was intended that the exposition should receive
the sanction of the government, and in that
Bense. as remarked by Chief Justice Waite in the
Philadelphia case, be impressed by national
| or international character
"Of course the government has qualified
, possession, but we find nothing in this regard
upon which to base an intervention of courl
; of equity on that ground.
, I'VE cannot now discuss the various
questions necessary to be considered, bu
, which will be treated of in the opinion
to be filed IL is sufficent to say tina
; We cannot except this from tn,
ordinary rule, which requires to the exercise
s of Jurisdiction in chancery some injury to prop
erty, whether actual or prospective, some in
vasion of property or civil rights some njur,
irreparabe In Its nature and which cannot bt
c redressed at law This is not such case, ant
? the result is we hereby refuse the order and tn,
, case is remanded for further proceedings no
- | Inconsistent with these conclusions"