New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-18
THE GATES TO BE OPENE D
DECISION OF THE FEDERAL COURT IN THE
WORLDS FAIR SUNDAY CLOSING CASE.
CHIEF JUSTICE FULLER DELIVERS THE OPINION
OF THE COURT, JUDGE: BUM AND ALLEN
CoNCURRING-POwER OF THE EX-
POSITION CORPORATION SUPREME

CONCCRRING-POWER OF THE EN-
POSITION CORPORATION SUPREME
AT JACKSON PARK.
Chicago June 1.-THE Federal Court In session
here to-day rendered a decision under which the Ex-
position corporation has the power to open the gates
Of the Worlds Fair on Sunday. The decision means
TO n certainty that the Worlds Fair will be kept
open on Sundays and settles the for all time.
appeal would have TO go to the Supreme Court
Of the United States, which does not meet until Oc-
tober. when the Fair will he ended.
Every seat taken fully one hour before the
time announced when the court would decide the
case, and standing room was soon exhausted. The
crowd dense that not one OF the many feminine
sighseers in the corridors succeeded In gaining en-
trance to the court room.
Chief Justice Fuller In rendering the decision spoke
follows:
Deemng IL desirable that should be sposed
once shall result at which we have
arrived pOspong for want OF time the full expression OF
views, which will hereafter be gwen
The eppeIlees have submitted motion to dismiss this
appeal upon the grounds that the jurisdiction Of the Circuit
In that the involved the construc-
application the Constitution OF the United states
consttuonalty of law OF the United States
question therein that therefore the appeal
for final decree would the supreme Court OF tha
United States and not to this court and hence this appeal
Is from nterocutory order cannot be maintained
Section OF the judiciary act OF March 8, 1891
determine the denied but that the appellants
contended that the United States hal not by their appeal
made properly cognizabe In court OF equity the
objection Of equity and not the want OF
power The jurisdiction OF the Circuit Court was there.
and within the intent and meaning OF the
act far as the application OF the Cons;
OF the United States and the constutionay or the
OF the United states concerned We are or the
opinion that the order called upon TO review IN
question neither nor the other In the
@ Circuit Court invoked.
The disposal Of the proceedings OF the disposition OF the
upon the ground whether the decision
reference u the construction application OF the
Constitution the validity of acts OF Congress in respect
that And the conclusions upon which the
invoked at constructions Of that char
acer. jurisdiction OF this review cannot be
defeated the instance Of the appees because the con.
stutonaty Of the acts upon which they rely might have
been challenged by their ad,ersaries The motion 10 dis
oyeirued.
The question to be determined is whether upon this
circuit preliminary injunction should have been granted
The bill pleads that the defendants usupng unlawful
authority the Exposition ard grounds and In virtue
thereof open Sunday In contraven
OF the acts OF such opening
would be "o injury and grievous prejudice 70
the common public and good and to the welfare Of the
leope OF the United Sates IL not contended that
any property OF the complainant will be injured
threatened action Is there allegation OF
reparable injury probable loss by such action But
said that Intervention Of the court may be rested
protection OF the United States In s possession
the grounds OF the Exposition for the purpose OF pro
ecting the United States in possession. The furnish
OF the 5000 900 souvenir coins condition upon
local corporation BY the United States. in addition
the many millions II had already contributed the mr-
Their OF 80 500 Co., and the giving TO the Govern.
ment OF a satisfactory guarantee that 1t would provide
all additional necessary for the completion OF the
work prior May l. 1898, and subject TO two con-
dons subsequent namely the payment by the corporation
OF all expense and charges OF the great departments
n1 tho l. MAI
Sunday
In view OF the previous expenditure OF the
corporation and the extent Of the obligations assumed
the right OF oil parte, concerned and the nature OK
these conditions and the conditions subsequent we 90
not think this proper case f'r the rule In question
In the proposition that the appropra
ton Of the and half million dollars amcunted TO
charitable trust upon certain conditions warranted
The appropriation made for the purpose q aiding
In drfraying the completion Of the work.
paid vouchers for labor DONE material
furnished and services performed in the prosecution OF
that work. IL appropriation for the beneht OF
the local corporation 10 help 10 out OF ts financial
difficulty. and enable it u complete It's undertaking.
and Is such does under the accepted definition
charitable gift for the benefit OF an indefinite class
u persons far the purpose Of the appropriation
made concerned that purpose had e.
be- accomplished before the money could be paid over
The decision Of the might nterposs u protect
the United States 10 It's possession but It IL the local
corporation that Is in actual possession under the law
" and 4 the ordinance OF the South Park
commissioners. The possession is recognized by the acts
II Congress essential the construction and admin
Of Exposition by the corporati9n In that
the corporation has invested sixteen millions
u dollars under circumstances that preclude the view
THAI United State, have exclusive administration and
authority premises. IL is perfectly clear that !
Congress intended that Congress should /
become responsible for the construction OF |
any = the buildings except its own. or for the |
wo-k provided for by the appropriation However, 1t |
wa, intended that the Exposition should receive The |
sanction Of Government and in that sense. re-
marked by Chief Justice waite In the Philadelphia case,
impressed by nationa and International character"
u course the has qualified possession but
md nothing In this regard upon which " base an
OF a court Of equity on that ground
cannot now discuss the various questions necessary
10 b., considered but which will treated OF the |
nrnion To be Med II sufficient ~ say that we !
except this r the ordinary rule which, 70 IN
woke jurisdiction In chanccy requires some
injury pr pcrty whether actual prospective, some
inv Of property civil rights injury rrcpar
able nature which cannot be redrcssed at law.
This : such a and the result is We hereby I
the order and the 1, remanded for further
proceedings not iisstent with these conclusions.
Chief Justice Fuller's clear positive voice was |
audible the remofest nearer. II WAS with difi- ,
guilty that cheers were suppressed In the courtroom,
md there we're outbursts OF exuberant satisfaction
Dy many before they had got without the hearing /
II tho court. Judges IiHnn and Alien gave vent !
utteranccs whatever, cOncurring in |
point as spoken by the chief Justice. The decision |
4, given above Is the complete text.