Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1893-06-23
What They Think Of II.

What They Think Of 1t.
Following are some press opinions OF
the action of the q. S. Court of Appeals
sitting in Chicago, reversing the order o
the Circuit Court in closing the grounds o
the Worlds Fair on Sunday.
The unanimous decision of the United
states Court of Appeals at Chicago, reyers
ing the order of the Circuit Court to Gloss
the Worlds Fair on Sunday, is, first OF all
a vindication of law. The preposterou'
opinion of Judge Woods, in which n,
sought to accomplish a predetermined end
by inyenting theory in violation both o
the Constitution and of the facts, was one
Of those lawless abuses of judicial power II
which machine-made political Judges
sometimes indulge that bring the law into
contempt. The Chief Justice and his two
associates brush aside this fiction and the
illogical. if less violent, conception OF the
eoncurring Judge, and declare plainly thai
this ia a government of law and not OF ca
price. A..
the only danger to Sunday Observance II
the United States lies the ill-advised at
tempt to Puritanize or Junaize this Christ
air and American institution and to place
restraints upon the people that their con,
science cannot recognize snu
against which they will revolt. The dec.
orous, acknowledgement of Sunday, fol
rest, for devotion, for mental and pnysica
recreation and for advancement in knoWi'
edge and elevation in thought, this Is the
end that society should keep in view. and
to this end our parks and picture galieries
and museums. our exhibitions Of all that
ia best and most edifying in the progress OF
the world. exert an influence that the
church should welcome as its greatest aid.
There is no danger that our American peo-
pie will abuse the privilege Of visiting the
Worlds Fair on Sunday, and 1t Will De the
fault of those who should know better Il
thew are led to visit it in any other spirlt
than one OF devout Acknowledgement oi
the manifold glory of God.-PhiPa. Itsses
The fight over the Worlds Fair Sunday
opening terminated yesterday with hnal
victory for the openers. Chief Justice Fui-
ler with the concurrence oil the otner Juo-
ges on the Appellate Bench reversed the
Circuit Court and dissolved the injunction.
The grounds of the decision are tolerab-
lv clear owing 10 the peculiar position tax
en- bv the lower court. That court based
its Injunction on the ground that the Uui-
ted States Government had been put in
control of the exposition at its opening,
and therefore that its managers were un-
der the operation Of the Federal law and
bound to obey the Congressional Provis-
ion. The Appellate Court finds no difficult
ty in holding that the Federal Government
held no such position; that the Fair is un-
der the control of the local organization
and that the injunction against them can
not stand in law.
We presume that this decision will not
bar suit by the Government against the
Commission for breach of contract. But
such a suit will run up against two very
obstacles. The first is the
question already raised whether Congress
did not first annul the contract by deduc-
ting from the appropriation considerable
sum for purely Government expenditure at
the Fair; the second is the still more puz-
ling question, what is the measure of dam
ages How much can the United States
show itself to be damaged in mind or prop
erty by the fact that visiting thousands
can walk can walk through the Feir on
SUNDAYS and view its instructive wonders
That would be very interesting matter to
have tried in the courts; but 1t IS lmprob-
able that it will get there
nOWeNtI budt uuUoeiOA A1oJ -
the future. the present result of the decis-
ion is an undonbted gain to the public. 1t
will hermit the thousands upon Thousands
of people who would otherwise be declared
from that privilege the opportunity Of see
ing and studying the wonders of the Expo
sition. 1t will enlarge the educational ef-
feet of the enterprise, which is almost In
finite IN its scope, and which will not
again he available for generation. More
than all, the result demonstrates that no
narrow, sectarian prejudics can prevail in
this country against the vast majority OF
intelligent and liberal opinion.
Dispatch.
The decision rendered by the United
States Court of appeals, in Chicago, yester-
dav. will be hailed with satisfaction
the country as victory for
common sense and the people.
II insures an open fair every Sunday,
since there is no appeal from it except to
the United States Supreme Court, and be-
fore decision of that tribunal can be had
the exposition will be closed.
The opinion is based on the broad ground
that the fair ia under local and not national
control. The State of Illinois and the
city of Chicago have provided most Of the
money needed and have assumed the bur
den Of the responsibilities. The local di
rectors are in possession and in control. 1t
Is for them, not the federal authorities, to
say whether the fair shall be kept oper or
closed on Sunday.
Tne advantages of this decision cannot
be oyerestimated. Sunday opening will
contribute largely to the financial success
Of the fair and it will enable hundreds Of
thousands to enjoy its benefits who would
otherwise be deprived of them. AS for the
baneiul effects predicted by the Sabbatar-
arians, nothing more is likely to be heard
Of them.-New York Herald.
No one can pursue the confused and un-
ruling Of Chief Justice Fuller
IN the Sunday opening case without realiz
ing that the local directory has gained sab
all that it aimed To secure.
The court found the issue involved in ques-
tions of jurisdiction, the construction and
application of the Constitution of the Uni
ted States, the right of appeal and validity
Of the acts Of Congress The conclusion
reached ry the court was that the question
10 be determined by it was whether upon
that circuit the preliminary injunction
should haue been granted. 1t is held that
the court might interpose to protect the
United States in its premises, but the 10
cal corporation being ID actual possession.
which possession has been recognized by
acts of Congress, the idea that the United
States has exclusive administration is ex-
cluded. OF course the government has
qualified possession, but the court finds
nothing in this regard upon which to base
an Intervention OF court of equity on that
ground. There seems to be little doubt
that the effect Of the decision will be to
permit the local directory to keep the gates
open on Sundays, which has been its sole
object and aim from the beginning.
IL is neither desirable nor necessary to
call in question either the sincerity of the
officers or the soundness of the
decision ofthe court of appeals. 1t is re-
markacle to say the least that there should
be such a wide divergence between the
of the two courts, and, that
while the first decision reached the merits
of the case the last was based upon con-
fusing mass of technicalities, which seem
TO have left the main issue untouched
Pittsburg Gazette.