Griggs courier., 1893-06-23
OPENS THE GATES.

OPENS THE GATES.
Unanimous Decision Of the unites st.A..
Circuit Court Of Appeals Setting Aside
the Injunction Against Sunday Opening
Of the Worlds EAir-The Opinion In
Full.
CHICAGO, June 19-The worlds fair
is to be kept open ON Sunday in the fu-
ture. Such was the unanimous decision
of the United States circtlit court of
appeals, Chief Justice Fuller presiding,
given at II a. m. Saturday.
The appeal from the order of Circuit
Judges Woods and Jenkins closing the
fair on Sundays had been argued for
two days and the court Of appeals re-
versed it and held that the local di-
rectory could do as it pleased in the
matter.
Chief Justice Fuller rendered the de-
cision, in which both Judges Allen and
Bum concurred. Following is the full
text:
"Deeming 1t desirable that the matter should
be disposed Of ut once, We shall announce the
result arrived at postponing fer want Of time
the elaboration Of the views expressed, which
viii hereafter be fled Appeliees have sub
mitted motion to dismiss this appeal
upon the grounds that the iuris.
diction OF the circuit court was in issue;
that the case involved . CONSTRUCTION or sppli.
cation OF the constitution Of the United States,
and that the constitutionality Of the law OF the
United States WAS drawn into question therein;
that therefore the appeal from the final de-
cree would lie to the supreme court Of the
United States and not to this court, and hence
that this appeal. which IL from an interlocutory
hA tn tain nnH
section Of the judiciary act Of March 5, 1891.
1--WE do not understand that the power of the
circuit court to hear and determine the case
was denied, but that the appellants contended
that the United States had not by their
bill made case properly cognizant in
court OF equity. The objection was q want
Of equity and not 9 want Of power. The juris-
diction OF the circuit court was therefore not in
issue within the meaning and intent of the law
so far as the constitution or the application of
the constitution Of the United States and the
constitutionality of the laws of the United
States are concerned
1--WE are Of opinion that the order we are
called upon to review involved or drew into
question neither the one nor the other in the
sense that the action Of the circuit court was in
voked. The disposal of the proceedings or the
disposition Of the contention rests uponS nSthe
ground as to whekher the decision had any refer
ence 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
by considerations Of that character.
"The jurisdiction Of this court to review the
order cannot be defeated at the instance of the
appelleeS because the constitutionality Of the
matter upon which they rely may have been
challenged. The motion to dismiss is overruled
''The question to be determined is whether
npon this record q preliminary injunction should
have been granted. The bill AYERS that the de-
PENDANTS are usurping powers involving author
tty'over the exposition and the grounds and in
virtue thereof assumes to open the exposition
on Sunday In contravention OF the acts Of con-
gress-notwithstanding such opening would be
of great injury and grievous prejudice to
the common public good and to the welfare
of the people Of the United States. 1t
is not contended that any property in.
terest of the complainant will be in.
jured by the threatened action, nor is there
any allegation Of irreparable injury or proba-
BILE loss by such action. But it is said that the
Intervention of the court may be rested upon
the protection Of the United States in its pos.
session of the grounds of tho exposition for the
purpose of protecting the United States in its
possession. The furnishing Of the Ave million
souvenir coins was condition upon the local
corporation by the United States, in addition to
the many millions it had already contributed
the further sum Of 1850, 900 and the giving to
the government Of o satisfactory guaranty
sary for the complete construction of the work
prior to May 1, 1899. and was subject to two
conditions subsequent, namely: The payment
by the corporation of all expense, costs and
charges of the great departments of the expo.
sition and the closing Of the exposition ON Sun
day;
the corporation and the extent OF the obliga-
tions assumed, the right of all parties con.
cerned and the nature of these conditions
and the conditions subsequent, we do not
think this proper case for the rule
in question, nor can we concur in tho
proposition that the appropriation Of the
q, 100000 amounted to q charitable trust, upon
certain conditions warranted The appropr;a.
ton was made for the purpose Of aiding in de-
fraying the cost of the completion Of the work,
and to be paid over on vouchers for labor done
material furnished and services performed in
the prosecution Of the work. 1t was an appro.
priation 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 defini
tion OF charitable gift for the benefit OF an in
definite class Of persons. So far as the purpose
Of the appropriation subsequently made is con-
cerned that purpose had to be accomplished be-
fore the money could be paid over.
"The decision of the court might interpose to
protect the United States in its possession, but
It Is the local corporation that is in actual pos.
ordinance Of the South park commissioners
The possession is recognized by the acts Of
congress as essential to the construction and
administration Of the exposition by the corpora
tton. In that construction the corporation has
invested 1908 under circumstances that
preclude the view that the United States has
exclusive administration and authority in the
premises 1t is perfectly clear that congress
never intended that congress should become re-
sponsible for the construction of any of the
buildings except its own or for the work pro.
vidcd for by the appropriation. However, it
was intended that the exposition should receive
the sanction Of the government, and in that
sense. as remarked by Chief Justice Waite in the
Philadelphia case, be impressed by q national
or International character
'Of course the government has q qualified
possession, but we find nothing in this regard
upon which to base an Intervention Of court
Of equity on that ground.
1--WE cannot now discuss the various
questions necessary to be considered, but
which will be treated of in the opinion