The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1893-06-22
OPENS oATEs.

T paan1na go Dseisoa of ths Uaited stats.
Carsslt Coart 81 ApPeals ssttin9 Asid1
4 - lajunction Against SUNDAY Opsnina
SIS q to Worlds Ialr-Thc Oplnion e
rail-.
CHICAGO, June 10. ~ The worlds fair
4 q g be kept open on Sunday IN the ~.
] ture. Such was the unanimous decision
OF the United States circuit court 81
appeals, Chief Justice Fuller presiding.
given at II q. m. Saturday.
The appeal from the order OF Circuit
Judges Woods and Jenkins closing the
fair on Sundays had been argued fol-
two days and the court Of appeals re-
versed It and held that the local di-
rectOry could do as it pleased in the
matter. ss
Chief Justice Fuller rendered the do.
cision, in which both Judges Allen and
Bum concurred. Following is the full
text: 81
"Deemtng It desirable that tho matter should
% disposed Of at once, we shall announce the
result arrived At postponing for want of time
the elaboration Of thesvtews expressed, which
will hereafter be filed Appellees have sub
mitted motion to dismiss this appeal
upon the grounds that the jurs.
diction of the circuit court was in issue;
that the case involved construction or appli.
cation OF the constitution Of the United States,
ana that the constitutionality of tho law OF the
United States was drawn into question therein;
that therefore the appeal from the final de.
cree would lie TO the supreme court OF the
United States, and not to this court and hence
that this appeal which is from an interlocutory
order. cannot be maintained under the seventh
section Of the judiciary act Of March 3, 1891.
We do not understand that the power of the
circuit court to hear and determine the case
was denied, but that the appellants contended
that the United States had not By their
bill made case properly cognizant In
court OF equity. The objection was . want
OF equity and not q want Of power. The juris.
dtction Of the circuit court was therefore not in
issue within the meaning and intent of the law
80 fer a. the constitution or the application OF
the cons tttutton of the United States and the
constitutionaltty OF the laws Of the United
States are concerned
I'VE are Of opinion that the order we are
called upon to review involved or drew into
question neither the one nor the other in the
sense that the action OF the circuit court was in
voked- The disposal OF the proceedings or the
disposition OF the contention rests upon the
ground as to whether the decision had any refer.
enoe TO the construction or application OF the
constitution or the validity of acts OF congress
IN respect Of that instance; and the conclusions
upon which the order was based were invoked
by considerations of that character.
1.-THE jurisdiction Of this court to review the
order cannot be defeated at the instance OF the
Sppellees because the constitutionaltty of the
matter upon which they rely may have been
challenged The motion to dismiss is overruled,
1.-THE question to be determined is whether
npOn this record q preliminary Injunction should
have been granted. The bill AYERS that the de.
PENDANTS are usurping powers involving author.
ftv,n0 no oo1
virtue thereof assumes to open the exposition
on Sunday In contravention OF the acts Of con-
Observation-Disclosures such opening would be
Of great injury and griev0us prejudice to
the common public good and to the welfare
Of the people Of the United States. 1t
Is not contended that any property in.
terest Of the complainant will be in.
jured by the threatened action, nor ia there
any allegation OF irreparable injury or proba-
BILE loss by such action. But 1t is said that the
intervention OF the court may bO rested upOn
the protection of the United States in its pos-
session Of the grounds Of the exposition for the
purpose OF protecting the United States in its
possession. The furnishing of the five million
souvenir coins was condition upon the local
corporation by the United States, in addition to
the many millions it had already contributed
the further sum Of e, 500 600 and the giving to
the government of q satisfactory guaranty
that 1t would provide oil additional sums neces-
sary for the complete construction of the work
prior TO May !, l8e3 and was subject to two
conditions subsequent, namely: The payment
by the corporation Of all expense, costs and
charges OF the great departments Of the expo
sition and the closing Of the exposition ON Sun
day;
the corporation and the extent of the obliga.
cerned apd the nature OF these conditions,
and the conditions subsequent, we do not
think this q proper case for the rule
in question, nor can we concur In the
proposition that the appropriation of the
u, 5OO,OOO amounted TO charitable trust, upon
ton was made for the purpose Of aiding in de-
| lraying the cost OF the completion of the work,
md 10 be paid over on vouchers for labor done
material furnished ana services performed In
the prosecution of the work. 1t was an appro.
priatton for the benefit of the local corporal
! to help it out of its financial diniculty and to
enable it to complete its undertaking, and as
| such does not come under the accepted deani.
ton of charitable gift for the benefit Of an in
definite class OF persons. So far as the purpose
| OF the appropriation subsequently made is con-
cerced, that purpose had to be accomplished be-
| fore the money could be paid over
1.-THE decision Of the court might interpose to
protect the United States in its possession but
It is the local corporation that Is in actual pos.
| session under the law OF the state and OF the
ordinance Of the South park commissioners
| The possession is recognized by the acts OF
congress as essential to the construction and
administration Of the exposition by the corpora
| ton. In that construction the corporation has
! invested tl6, OO0, 600 under circumstances that
preclude the view that the United States has
exclusive administration and authority in the
premises. 1t is perfectly clear that congress
never intended that congress should become re:
sponsible for the construction Of any Of the
buildings except its own or for the work pro.
Vided for by the appropriation However, it
was Intended that the exposition should receive
| the sanction OF the government, and in that
sense as remarked by Chief Justice Waite in the
Philadelphia case, be impressed by national
| or international character
'Of course the government has q qualified
possession, but We find nothing in this regard
upon which to base an Intervention of q court
Of equity on that ground.
1--WE cannot now discuss the various
questions necessary to be considered, blu,
which will be treated of in the opinion
to be fled It is sufficient to say tina,
We cannot except this case from the
ordinary rule, which requires to the exercise
! Of jurisdiction In chancery some injury to prop
| erty, whether actual or prospective, some in
vasion of property or civil rights, some injury
| redressed at law. This is not such case, and
the result is we hereby refuse the order and the
case is remsnded for further proceedings not
| inconsistent with these conclusions
Secretary Mclean, of the Sabbatari-
an association, said that they had not
given up the fight yet. They would
now press the injunction suit of Wana.
maker & Brown, who sue as stockhold:
ers, and he thought that that case
would stand in equity.
|
| Many Hurt In . Panic.
GRAND RAPIDS, Mich, June 19.-At
Coopersville, Ottawa county, Saturday
night high school commencement ex'
ercises were held in the opera house
and : nearly verybody in town
was there. After one of the tableaua
the curtain was discovered on fire
and a panic followed. Mrs. Mead
had three ribs broken and sustained Sc
rious internal injuries by being
trampled upon. Miss Tisch, of this city,
n from nHnxx, "a <bo r.,.<>,,,