Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1893-06-30

Sundays at the Worlds Fair-The
Local Directory in Full Control.
The United States Court of Appeals, sitting
at Chicago. decided unanimously that the
Worlds Fair directors could keep the exhibi-
ton open on Sundays. The ground OF the
decision was that the United States was not
In actual control Of the enterprise, and that
the United States had case in equity IN
asking for an injunction on the ground that
no injury or wrong had been shown as the
resultant of Sunday opening. ChIe1 justice
Fuller gave the opinion and Judges Bum
and Allen assented. The decision settles the
case for all time. as an appeal will have TO 90
to the Supreme Court OF the United States,
which does not meet until October, when the
Fair will be ended. Every seat was taken an
hour before the time announced when the
court would decide the case. Chief Justice
Fuller in rendering the decision, spoke IS
follows
"Deeming it desirable that this matter
should be disposed of at once, we shall an
nounce the result at which we have arrived.
pOstpOning for want of time the full expression
of our views, which will hereafter be given.
The appelleeS have submitted q mOtlOntO dis
miss this appeal upon the grounds that the
jurisdiction of the Circuit Court was IN issue
that the case involved the construction or ap-
plicatOn Of the Constitution of the United
States and that the cOnstitutiOnality Of law
of the United States was drawn in question
therein that therefore the appeal for final
degree would lie to the Supreme Court of the
United States, and not to this court. and
hence this appeal. which is from an interC-
cutOry order. cannot be maintained under
section 7 Of the Judiciary act of March
8, 1891. We do not understand that the power
of the Circuit Court to determine the case was
denied, but that the appellants contended that
the United States had not by their appeal made
a case properly cOgnizable in court ofequlty.
The objection was to the want of equity, and
not to the want of power. The jurisdiction
of the Circuit Court was therefore not in is
sue and within the intent or meaning of the
act 50 far as the construction or application
of the Constitution of the United States and
the constitutiOnality Of the laws OF the
United States are concerned. we are OF the
opinion that the order We are called on to
review involved or drew in question neither
one nor the other in the sense that the action
of the Circuit Court was invoked
"The disposal OF the proceedings or the
disposition of the contention rests upon the
ground as to whether the decision had any
reference 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 as constructions OF that
character The jurisdiction of this court to
review cannot be defeated at the instance OF
the appelleeS, because the cOnstitutiOnality
of the acts upon which they rely might have
been challenged by their adVerSarleS. inc
motion to dismiss is Overruled.
1.-The question to be determined is whether
upon this circuit preliminary injunction
should have been granted. The bill pleads
that the defendants are usurping unlawful
authority over the Exposition and grounds.
and in virtue thereof assume to open the
gates on Sunday in contravention of the acts
of Congress notwithstanding such opening
would be of great injury and grcvlOus
prejudice to the common public good and to
the welfare of the people of the United
States 1t is not cOntended that any
property interests of the complainant
will be injured by the threatened action,
nor is there any allegation of lrreparabio
injury OR probable loss by such action.
But it is said that the intervention OF
the court may be rested upon the purpose
of protecting the United States in its pos
session of the grounds of the Exposition.
The furnishing Of the five million souvenir
coins was Il condition upon the local cOrpOr-
alton by the United States. In addition to
the many millions it had already contributed
the further sum of two and half millions
and the giving to the Government of a salts
factory guarantee that it would provide all
additional sums necessary for the completion
of the work prior to May l. 1898, and was
subject to two conditions subsequent, namely.
the payment by the corporation of all eX-
pense, costs and charges Of the great depart
ments of the Exposition and the closing of
the Exposition on Sunday. In view of the
and the extent of the obligations assumed,
the right of all parties concerned and the
nature Of the conditions subsequent, we do
not think this Il proper case for the rule in
question. nor can we concur in the PROPOSE
ton that the appropriation of the two and a
half million dollars amounted to a charitable
trust upon certain conditions warranted.
The appropriation was made for the pur-
pose Of aiding i'll defraying the cost of the
completion Of the work and to be paid over
on vouchers for labor done. material furn-
ished. and services performed in the prose-
cution of that work. It was an appropria-
ton for the benefit of the local corporation
to help 1t out of its financial difficulty, and
to enable 1t to complete its undertaking. and
as such does not come under the accepted
definition Of a charitable gift for the benefit
of an indefinite class of persons. SO far as
the purpose of the appropriation SUISSE
quently made is concerned, that purpose had
to be accomplished before the money could
be paid over.
to protect the United States in its possession
but it is the local corporation that is in
tual possession under the law of the State
and OF the ordinance of lhe South Park
Commissioners. The possession is recOg-
nized by the acts of Congress as ess> ltial TO
the construction and administration Of
the Exposition by the corporation.
In that construction the corporation
has invested sixteen millions of dollars under
circumstances that preclude the view that
the United States have exclusive administra-
ton and authority in the premises. 1t is per
fectly clear that Congress never intended that
it should become responsible for the con-
StructiOn of any of the buildings except its
own, or for the work provided for by the ap-
preparation. However, it was intended that
the Exposition should receive the sanction of
the Government, and in that sense as re-