Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1893-06-09
JUDGE eRosscUP's ARGUMENT.
He Declares the Existence of IA Contract
and That Congress Violated 1t.

He Declares the Existence of Contract
and That Congress Violated 1t.
Judge GroSScup delivered the dissenting
opinion. He concurred, he said, in the
opinion of Judges Jenkins and Woods that
the power to modify the rules of the local
corporation was given to the commission
to protect the national honor. He CON
CURED in the opinion that the exposition
was national in its character. But IL Is
characteristic of American thought that
such things should be done by the people
with the aid of government If the
power TO close the grounds is assumed for
the government it must be found in con
nection with partnership or contract.
Congress had voted q. 500, 900 to the fair
and made il IA condition of the gift that
the fair should be closed on sunday. 1t
is immaterial whether this was Il contract
or a donation.
THE corpora ton accepted the gift and
the conditions and passed "A rule closing the
fair on Sundays. Then the government
Withheld ,140O, 900 coins it had agreed TO give
Che corporation. Who knows that the corpo-
ration would have accepted the gift ana
surrendered its views on Sunday closing
if il had known that part of the approprla-
ton was to be withheld This law was
passed by congress after the acceptance OF
the former CONDITIONAL gilt II WIS Il HSN
condition imposed without the consent of
the other party The construction placed
on this act by the law officers of the gov
eminent attributes to congress n puerlllty
of purpose. The national commission was
entrusted with the task of providing jurors
of award and this was clearly a portion
of its duties anything else that 1t had
done, and the expense should be borne by
the commission as was the cost of classify
IN, ha hill
be saddled on the local corporation by con-
greSs.
Congress has no power TO create indeht-
edness for the local corporation. and the
act of March, 1898, was unjustitiable. The
government has broken faith with the cor
poration and no court of equity could in
sist on the corporation observing the hard
conditions imposed by the government.
The government has no more rights than
q private individual; whether contrac-
tor or donor it should be compelled to live
up to its promises. When congress with
held the !, 40 900 souvenir coins the situa-
ton changed. The previous act was as If
it were not. The Sunday closing question
is of no more importance to the local cor
poration than to the people of the United
states"
Edwin Walker, counsel for the World S
fair directory, addressed the court and
prayed an appeal to the appellate court,
which he said is in session. The matter
could be definitely decided in a few days.
He asked also that the court fix bond
which would act as supersedeas. He said
the gravity of the situation was increased
by the decision of the state court on this
same question being opposed to the de-
cision of the federal court. There was dan
ger of an unpleasant conflict of authority
between the courts. He suggested that it
could be arranged to have the case from
the state court taken to the state appellate
courts, ands that both appellate courts
might by their action definitely settle the
matter.
District Attorney Milchrist said he
would ask that the order of injunction
prayed for by the government be issued
Judge Woods finally said the court would
announce its decision on the subject of the
appeal and supersedeas this morning. If
the supersedeas be granted the fair will
remain open on Sundays until the court of
oppaaIs finally masses on the case