Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1893-06-24
an OPEN SUNDAY FAIR.
Chief Justice Fuller Says the
Congress Cannot Close It.
Ex- Postmaster General Wanamaker
Wants the Fair Closed on Sunday.

Chief Justice Melville W. Fuller, of the
Supreme Court of the United States, sitting
with Judges Bum and Allen as the United
States Court OF Appeals, delivered an opinion
reversing the decision of the United States
Circuit Court closing the Worlds Fair on
Sunday. The Court of Appeals dee ares that
the United States government has no exelu
sive right or authority in the control OF the
Worlds Columbian Exposition.
Chief Justice Fuller orally announced that,
In view of the many questions involved, the
written opinions OF himself and associates
would be deferred, and that, owing to the i'm
portance of the interests at issue and the
necessity for a S ,eedy deliverance from the
bench, general decision would be then and
there rendered. He mrs. devoted his atten-
tion to the contention of counsel for the gov
ernment that the Court Of Appeals had no
jurisdiction in the premises. an !, after re-
viewing the arguments at some length, de-
clared the motion to dismiss the appeal over
ruled.
Coming down to the main question the
court took the ground that the appropriation
States government could net poss bly, he con-
strued as a charity or MS charitable bequest
1t was simply an appropriation for the assist
anee and benefit Of the local corporation for
the purpose OF completing work that
affected the honor OF the United States. As
to the right OF the United States to posses
81 and control of the grounds the court
held that the local corporation was IN lawful
and actual possession. and that this fact had
been recognized by acts of the national legis-
lature The court repudiated the idea that
the United States had any exclusive rights OF
authority in the premises, and concluded
with the declaration that no tenable grounds
had been shown for excepting the case under
hearing, ordinary rules governing court OF
chancery.
therefore, concluded the Chief Justice,
..the order of the Circuit Court is reversed,
and the CAGE is remanded for any further
proceedings not inconsistent with this rul-
ing"
The deliveranee of the Chief Justice had
been listened to with silence that was al
most painful in its intensity, but after its
conclusion there went up great cheer from
the crowd In attendance, which caused the
Chief Justice to smile meaningly at his asso-
ciates The advocates of Sunday closing
were considerably cast down over the result,
but admitted inasnuch as the ruling was
a unanimous e, there was no alternative
put 20 Ineehly LOW 10 Tue supreme authVtlts
of the United States judiciary.
Rev. L. Mclean, secretary of the American
Sabbath Union, while somewhat disappoint-
ed by the decision OF the court, was not at all
discouraged as to the ultimate success of the
attempts to close the Fair on Sundays.
This decision clears the way for the pros
ecution of the suit begun i'll the United
States Court here by John Wanamaker and
other stakeholder, in the exposition TO pre-
vent Sunday opening. The point has been
made In this ease just concluded that the
Worlds Fair directors We're willing to re-
fund TO the government the money obtained
under the souvenir coin act in return for the
privi ege Of keeping open on Sunday Mr..
Wanamaker and the Worlds Fair stock
holders associated with him assert in their
bill that such return of this money would
cause them loss and impair Their property
interests as part owners of the exposition.
This suit will now be pushed vigorously"
The Worlds Fair Officials hardly had time
to congratulate themselves on the victory in
the United States Court of Appeals before
notice Of motion for another injunction
was served upon them in the Wanamaker
suit. .