Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-06-18
WILL Be OPEN SUNDAYS.
Chief Justice Fuller Delivers His De-
cision In the Governments Injunc-
tion suit

Chief Justice Fuller Delivers His De-
cision In the Governments Injuno-
tiOn SUIT.
CHICAGO, June 17.-Chief Justice
Fuller this morning overruled the de-
cision OF the Federal Circuit Court,
which issued au injunction restraining
the directors from openiRg the Fair on
Sunday. He decides for the United
States Court Of Appeals, and remands
the suit 10 the Circuit Court. Justices
Bum and Allen concur in the opinion.
The decision means TO a certainty that
the Worlds Fair Will be kept open or
Sunday, and settles the case for all time,
as az appeal would have 10 go 10 the
Supreme Court, which does not meet
until October, when the Fair will be
ended. Chief Justice Fuller, in render
ing the decision, spoke as follows:
"Deeming IL desirable that this mat
ter should be disposed Of at once, we
shall announce the result st which we
have arrived, postponing for want OF
time the full expression Of our views,
which will hereafter be given.
"The appellees have submitted mo-
ton 70 dismiss this application upon
the grounds that the Jurisdiction OF the
Circuit Court was In issue; that the case
involved the construction or applica-
tion OF the constitution OF the United
States, and that the cOnstitutionality OF
a law OF the United States was drawn
iu question therein; that therefore the
appeal for a fnal decree would lie 10
the Supreme Court Of the United States
and not 20 this Court, and hence this ap-
neal. WHICH will be intsrlOcutOry, can
not be maintained under Section OF the
Judiciary act-Of March 3, 1891. We do
not understand that the power OF the
Circuit Court 10 determiRe the case was
denied but that the appellants contend
ed that the United States had not by
their appeal made case properly cog
nizable In q court OF equity, the Objec-
tion was TO the want OF equity and not
the want Of power. The Jurisdiction OF
the Circuit Court was therefore not 10
issue aud within the intent or meaning
OF the act so far as the construction or
application OF the Constitution Of the
United States and the constItutionality
OF the laws Of the United States are con-
cerned.
Eve are OF the opinion that the order
We are called upon 10 review involved
neither one nor the other in the sense
that the action OF the court was in
voked.
THE disposal Of the proceedings OF
the disposition Of the contention rest
upon the ground as 10 whether the de-
cision had any reference 10 the con-
struction or application Of the COnsti-
tuition, or the validity OF acts Of Con-
gress in respect OF that instance. And
the conclusion upon which the former
WAS based were invoked az construc-
tious OF that character. The jurisdic-
tion OF this court 10 review cannot be
defeated at the instance OF the appeal
lees. because the constitntiOnality OF
the acts upon which they rely might
have been challenged BY their adver-
saries. The motion 10 dismiss is over
ruled.
The question 70 be determined is
whether upon this circuit preliminary
Injunction should have been granted
TIE bill pleads that defendants are
usurping unlawful authority ever the
exposition and grounds. ana In virtue
thereof assume 10 open the gate on
Sunday In eontrsvention OF the acts OF
Congress
'sThe decision OF the court might In
terpose 70 protest the United States IN
its premises, but IL is the local corpO-
ration that is in actual possession under
the law Of the State aud OF the ordi-
nance OF the South Park commissioners
The possession is recognized By the
acts OF congress essential 10 the con-
structiOu and administration Of the ex-
position By the corporation. In THAI
construction the corporation has
invested sixteen million OF dollars under
circumstances that preclude the view
hat the Uuited States have exclusive
administration and authority Ia the
mises. Il Is perfectly clear thai
AcRrsss never intended that Congress
aid become responsible for the con-
ctlon Of any oi the buildings ex-
Il own, or for the work provided
the appropriation Hever. Is
tsned thai the sxposIt kh0uld
the sanction OF that Rsnt,