The Meeker herald., 1893-06-17
FOR SUNDAY CLOSING.
The Federal Court at Chicago says that
the Exposition Cannot bs Opened
sunday


Judges Woods and jenkins of the Federal
bench ordered on the sth that mn injunction
be issued restraining the officials of the
Worlds Fair from opening the gates OF Jack
son park on Sunday.
Judge Grosscup dissented, and in his fnd-
Ing recommended that the injunction be not
grauted.
Each of the two judges who granted the in
junction took action on widely different
grounds, and the dissenting judge differed
radically from both.
Judge Woods read his own opinion, in
which he concluded that jackson park was
lawfully devoted for exposition purposes, and
that the injunction should be granted as
prayed for He found that the exposition
had been, in fact, tur ned over to the control
OF the federal government by the local cor
poration, and that Its control was therefore
as absolute as its control of the federal build
Ing In which he was speaking.
He held that the sunday-closing condition
of the souvenir coinage act did not constitute
3 contract. and the Sunday rule having only
been passed by the directors, and approved by
the national commission, the directory had
no authority to reconsider. He held that Com
grcss had perfect right to withhold that
portion of the souvenir coins which II retain
ed, and that the people had no right TO entry
into the park because they had handed the
governancc of entry over TO the federal an-
thority when they voted the issue of $1,000
900 bonds for the purpose OF the exposition.
lie also held that Congress did not limit the
amount of money TO be expended on the fair,
but that the local corporation was liable for
every dollar of II. lie found that because the
exposition had been rendered to and accepted
by the government, therefore the government
had a standing in equity So far as the case
before Judge Stein is concerned, he held that
1t was no bar to the proceedings, tecausc, sit
is admissible to say that the government must
In comfy yield to the state court to to take
such control as would cover the existence OF
the enterprise
Judge jenkins, after recitlng all the early
history OF the fair took the ground that the
government had only n qualified possession OF
the exposition, /, but said that the case did not
hinge on that question. He held that the
Suuday-clo-Ing condition was not n question
OF creed or religious belief, but a matter OF
scientific research; that man required one day
in the way Of rest and that this has been rec
ognlzed by the United States almost ever
since the foundation. lie claimed that the
resolutions of the directory to pay back the
money received out OF the souvenir appropri
alton was no tender at all aud denied that the
state court had any right whatever TO take
jurisdiction Of the ease brought for m in
junction to compel the directory to open the
fair on Sunday. He concluded by recon-
mcnding that the injunction issue.
Judge Grosscup said that the commissioners
had jurisdlction over the exhibits, the award
Ing OF prizes, and also a right to modify, but
not to make rules. He did not look uporf the
s., ,Jo0,0 900 or any Of the donations as a gift,
but as a contract between the United States
/ and the local corporation. IL the commission
had charge of the exposition. rs claimed, 1t
was the first instance in which he had ever
heard of a donor making himself donation
In his own opinion the national government
gave the money for the purpose of protecting
Its national honor, and In his opinion 1t was n
contract for that purpose.
BY the act OF March. 1893, the government
decided to seize portion Of the donation,
and the act could be construed only as an un-
jus,ifablc Withholding of the appropriation.
BY its terms the corporation was under no Oh
legation to carry out Its promises. The judge
did not believe that the corporation was to Lc
held to have accepted the contract by It's ac-
ceptance of one-half the money. II did not
know of the construction which was put upon
the act, and was not in position to make an
election. The plea OF estoppal could not be
maintained when the party who brought the
plea was responsible for the acts that led up
to the making OF the plea. On these grounds
he disagreed from the conclusions of the
other judges.
Attorney Walker said that the defcndan,
corporation desired to appeal from the decree
He asked that the court set bond to operate
as n supersedeas, the appeal to be heard in
the Appellate Court. There was no danger
OF a conflict OF Jurisdiction between the state
and the federal courts, and this was all
the more reason that an appeal should be
granted.
The court agreed to hear the application
for an appeal the next day.
MISSOURI GENTLEMEN STILL