New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-09
MUST CLOSE on SUNDA Y.
THE GOVERNMENTS INJUNCTION GRANlED'
TIE FEDERAL COURT Ely MAJORITY OF TWO
TO ONE DECLARE THAT TIE GATES OF

THE WORLDS FAIR SHALL BE SHUT.
Chicago June s-Thc Federal Court. by majority
OF two 10 one, decided this morning to grant inc
Injunction prayed for by the District Attorney to re-
strain the Local Directory from opening the WoFia's
Fair gates on Sunday. Judges Woods ana 1chhihs
favored the closing OF the gates, while Judse oroS'
cup held the contrary opinion.
The courtroom was crowded to snHocatioh WIN
cosers and anti cosers when the three Judges LOOK
their seats on the bench judge WOODS alno"uoe"
that each member of the court Would deliver his own
opinion. at Is n matter Of regret that we have not
had time TO reduce decision to writing, saln me-
and each one OF Will speak for h'n'sci'' Al
brief Judge Woods held that the Government was J"
absolute possession Of Jackson PaiK' ana haa .'c
right 10 make rule it pleased concerning INC
management of the Fair; that the Sunday closing
rule bad not been lawfully repealed, and II was the
duty Of the court to grant the RELIEF prayed TOT
by the District Attorney. lie believed That an III
mnction should be Issued. In the course OF MS io-
dress Judge Woods said "Thcrc is a claim 'na.
the local corporation rendered the park 10 the Cn'eu
states but the defence prefers formai "epHi'' II
is a enestIon 20 BE- decided by the act OF .ohs'ee'
,uoueura,ing the enterprise. The act shows that the
ec1 stature and the Park Commissioners tchoerea inc
ror, IN the Government, and IL Il clear that IN so
far ms 1t lay in their power the Legislature ana 'e
Park Commissioners did make that tia"e. y co"-
sttutional amendment was passed. enaphnS 'h''s' W
raise 5000 900 for the Fair. The adoption OF 'ha'
amendment corroborated this position that the HoV-
eminent is IN possession at Jackson f"rh ihcse
grounds have been lawfully u'ii'cic" I" "'e "'' "
the Government
Continunc Judgc Woods said There Is nothing
in th, act of Congress TO override the laws of any
state. The general proposition Is that whcn 'he
Government takes possession Of grounds wi'hh
STATE the laws of that State continue TO nave Iorcc
only through The United states authorities The
i.l T. rho
the Government has no right TO control parks IN
Junms unless they are rendered to and accepted by
Congress- Congress would have control over
Lincoln Park l, has al Jackson Park, for that has
been tcndeicd. Ny conclusion on that point Is thci
that Congress has the right to regulate proceedings
on those grounds.
"Wllat has Congress done In respect TO sunday
closing? Nv conclusion Is Congress had the power
10 make regulations concerning that question Mar'h
2 1so3 the Government voted 100000 TO the
Fair on the condition that # the gift was accepteu
the Fair was TO be closed on the first day OF Inc
week In other words. II the money was taken 'h'
Commissioned does not say the Dircctors-waS 10
adopt a rule closing tie gates on Sunday thus rccog
nzng or establishing the right Of the Commission 10
make this rule. There was an acceptance ana inc
rnle adopted and in my opinion. 1t has never been
repealed"
Judge jenkins. after reviewing the history OF the
Columbian Exposition and the relations existing be-
tween the United states Government and the Expos
ton corporation and the relation Of both TO the en-
terprisc said 1t found that the scheme nad
Out grown the financial ability Of the local corporation
Congress was asked for aid. Congress passed n Ia"
| giving go 800 900 to the Exposition. Section OF
that act declares that this appropriation Is made on
condition that the Fair shall be closed on sunday, ana
that II the Gift should be accepted. The acceptance
| should be considered agreement TO the cohdi-
tons II IS said that this legislation by Congress
was without the power OF Congress. IN that 1t seeks
10 establish religious test. cannot concur IN That
suggestion The legislation with respect to the his
day OF the week has nothing to do with the matter
OF RELIGIOUS test or the conpulslon OF the observance
OF particular religious belief or service, the uay Oh
rest Is needul humanity To recover from the strain
of six DAYS labor. This Is founded on humanity anu
is justified outside Of any question OF Greco or re"so
The laws OF the state bearing on THIS point ProNue
for rest and for noninterrupon OF religions SERVICES
! II IS not compulsory ON any one to 90 to ch"fch
but il provides peace for those who wish to go 10
| church."
"Any person has hight to annex to gilt any
condition that is pot Illegal or iulm0iai. Tue apPo'
pration by Congress OF money TO the Exposition can
| be rghtfuy construed charitable Deques'' anu
If Is clear that 70 such requests there can be attached
conditions which the courts must enforce The local
| corporation accepted the money and passed rue
closing the Fair on Sunday II has received large
sum OF money as conditional gift, and the cOhdl-
lions must be observed by the donce and court OF
chancery on proper presentation must sec TO IL mat
| the conditions laid down are enforced In retailing
the 500 900 or more out OF the 800 O30 the United
states did no more than ii had right to do, because
| the National honor is involved. The resolution TO
open the Fair on sunday was legally passed The
CORPORATION cannot change rules adopted by the
| Commission as soon the Commissions back Is
turned As TO the State court which has passed on
this case ] will say that the United states was not
a party In that court. think that there can be 10
question but that the United States Inns right 10 use
courts OF It's own jurisdiction to adjudicatc matters
pertaining TO governmental affairs. in my OPINION
| the Injunction asked for should ISSUE"
| Judge Grosscup delivered the dissenting opinion
lie concurred he said In the opinion OF Judges Je'
Inns aI.d Woods that the power to modify rules Vi
the local corporation was given to the Commission
10 protect the National homer" lie cancurred In the
opinion that the Exposition was national In It's char
aoer but 1T is a Characteristic Of American thought
that such things should be done by the people with
| the aid Of the Government. II the power " close
the grounds is assumed for the Government 1t must
be found in the partnership or contract Congress
has voted 100000 to the Fair and made 1t con
dition Of the gift that the Fair should DC closed on
| sunday. 1t is immaerial whether this con
| tract donation. The corporation accepted the
gift and The conditions and passed rule closing
/ Then The Government, withheld I.l4OOOO OF the
5OO0C00 coins 1t had agreed 10 give the corpcratlon
the gift and surrendered lis views on sunday closing
It had been S lnsxn that ESr, Of the appropriation
Iby Congress after the acceptance OF the
former conditional gift 1t was new
condition imposed without the consent OF the other
party. The construction placed this act By the law
Officers OF the Government attributes 10 Congress
purity Of purpose. The National Commission was
Entrusted with the task IL providing jurors Of award
and this clearly portion Ct it, duties any
thing else that y Ind done, and the expense should be
borne by the COmmsson the cost Of classifying
| the exhibit This expense should not be saddlcd on
tie local corporation by Congress. Congress has no
power create Indebtedness for the local corporation
and the act Of March 3, 1893 unjustiiiabe Tho
Government has BROKEN faith with the corporation md
no court Of equity c7ud insist on the corporation OBJ
servng the hard conditions Imposed by the Cavern
mcnt. The Government has no more lights than a
private individual and whether contractor donor
II should be- compelled 10 live up Its promises
When Congress withheld the 100000 souvenir coins
\ the situation changed. The previous act n II
was not. The Sunday closing question Is OF more
Importance TO the local corporation than to the people
| Of the United States | am OF the opinion that The
Injunction should not issue
| Edwin Walker, counsel for the Worlds Fair D
| reotory addressed the Court and prayed an appeal
to the Appellate Court which. he snd Is In session
iIAA TIL A.v-.