The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1893-06-15
MUST BE SHUT.
Worlds Fair Gates Not to Be
Opened on Sunday.
Judges Woods and jenkins Say the Colum-
bian Exposition Gates Must BE Closed
on Sunday-Judge Grosscup Dis.
sents from Their Views.
NO SUNDAY FAIR.


CHICAGO, June 9.-The United States
circuit court has decided to grant the
injunction closing the worlds fair
gates on Sunday, as prayed for by Dis
trict Attorney Milchrist on behalf
Of the government. Judges Woods
and Jenkins delivered opinions favor
ing the granting Ct the. restrain
ing order, while Judge Grosscup
offered a dissenting opinion. The
court has been considering the case
since last Friday, when the argu-
ments were concluded. The ques-
ton was discussed from its legal as
poets alone, nothing of sentiment
or religion being admitted in the
proceedings. The judges did not
have their opinions written and de-
livered them ex tempore before the
large crowd of attorneys and citi-
zens of every class which thronged
the courtroom. When Judge Gross
cup concluded his opinion Attor-
ney Edwin Walker, counsel for
the directory, gave notice that
an appeal would be taken and super
sedeas asked for. The motion will be
heard this morning at $3.50 o'clock.
JUDGE WOODS VIEWS.
JudgeWoods held in favor of granting
the injunction on the ground that the
United States government is in actual
possession Of Jackson park. and con-
gress has the right to pass any law re-
garding the conduct of the fair it
may think best. He thought that
the act OF 1890 establishing the fair
made it national institution and that
when the state legislature Of Illinois
and the South park commissioners after
ward legislatea so as to allow the use
of Jackson park they did it with full
knowledge of this fact. The peo-
pie Of the state of Illinois salts
led the legislative action by voting
to allow Chicago to issue bonds in aid
of the fair. SO that the legislature, the
park commissioners and the people
themselves all united to give the use of
Jackson park to the fair after the gen.
eral government had established that
fair as national enterprise. On these
grounds Judge Woods held that when
the local directory last fall rendered
Jackson park to the national commits
siners as the representatives of the
United States government it rendered
the actual possession OF the park and
the present temporary title to the park
is now in the United States. Having
this title congress has the right to pass
any Law it pleases regarding Sunday
opening, and also can go into a court of
equity to enforce its rights.
JUDGE JENKINS DECISION.
Judge Jenkins commenced by refer
ring to the national character of the
enterprise and the interest of the gov
ernmeat in it. He refused to pronounce
on the question Of possession of jack
son park, saying that, while he did
not agree with Judge Woods, he did
not think the point material He held
that the legislation with respect to
Sunday closing had1no connection with
religious observance. but was a mat
ter of regulation under the control of
the government. The exposition was
held to be in the nature of charitable
scheme and the appropriations made by
congress as donations. The withhold
ing of the $4,000 was character
lied as an act of the government by
which it insured the payment of
awards and protected the national
honor. He agreed with Judge Woods
that the Sunday-closing resolution had
never been legally repealed The state
court was held to have no jurisdiction
in the premises. On these grounds he
stated that the injunction should issue.
JUDGE GROssCUP DIssENTs.
Judge Grosscup's decision was against
his associates. The fair was governed
by two bodies, national and local. If
the fair was, as claimed, national in
stitution, conducted by the local di-
rectory as the governments agent.
then the, injunction should be
granted. But if the local corpora