Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1893-06-01

CHICAGO, May 29.-Judge Stein has
entered the order for a preliminary in
junction restraining the Worlds Fair
Directory from closing the Worlds
Fair on Sundays
1t was made on the petition OF stock
holder and taxpayer, named Clingham,
who made the plea that it was unlaw-
full to close Jackson Park or any other
part of the South Park system any day
of the week, as the dedication act
reads that it shall be open to the
public forever"
Judge STEMS opinion was an ex-
haustive one and the court room was
crowded with lawyers and other in
terested listeners.
CHngman, as stakeholder in the
fair and taxpayer of Chicago, asked
for an injunction restraining the QIrec-
tors from closing the fair on Sunday,
claiming that the dedication act of tho
South park sys EN- forbade the closing
of any one of thu parks on any day of
MED this stand.
The interviewer claimed that Con-
gress had full power over the Fair and
had passed a law requiring the direct
ors to close it on Sunday. That"
gress did not pass any such law, pre-
sumably because it did not have the
authority. What it did was to vote an
appro priation Of 50, 100000 to the Fair
in August, 1892, on the condition that
it be closed on Sunday. This, being
accepted by the directors, formed a
legal contract.
But in March, 1898, it ordered
S570, $40 of this appropriation withheld
and it has SO been done. AS it takes
two 10 make contract 50 it takes two
to modify it, and this Withholding of
over one-ifth of the appropriation is
enough of reputation of the con-
tract on the part of Congress to vitiate
it, and the local directory is no longer
bound by it.
Referring to the contention of the
interviewer that this is a Christian
nation" Judge Stein said that while
that was so in the abstract twas not a
thing that courts could. under the con-
S tuition. take cognizance of, and"
said the judge, sit would always cause
trouble were the courts to attempt to
uphold by decree the tenets of
any religious sect. Even were
Christianity embodied in the law it
does not follow that Christianity re-
quires the closing of the Fair on Sun
days, for while one body of Christians
! declares that it does another body
equally devout, holds to the opposite
view. Neither do | think that open
ing the Fair on Sunday will result in
disturbance of the petce of that day,
but rather that it will be conducive to
its quiet"
He denied that the United States had
any part in the case, on the ground
that none of their property interests
were involved, and then, coming down
to the gist of the matter said that in
asmuch as the Legislative act dedicated
the South Park system declared that
the parks should .'be open to tho
public forever" the directory had no
right to close any part Of them for one
day in the week and temporary in
junction restraining them from doing
so would issue. Bond was fixed in the
sum of s., 600.
Edwin Walker, attorney for the
local directory, gave notice that he
would file his answer in the case in
ten days. which will throw the hear
ing of the application for permanent
injunction over a couple of weeks, at
beast, allowing two Sundays to inter
vene. AS it is not at all likely that
any decision will be reached in the
United States Court in that time il is
safe to say that there will be two more
open Sundays, even if both courts
were to finally decide against it,