The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-09
SUNDAYCLOSERSAHEAD
The Injunction to Restrain Open
Gates Granted.
TIE OPINIONS OF THE JUDGES.


bfessrs. Woods and Jenkins Favored tho
Injunction, but Judge orosscup Takes
n Contrary view-But tho Anti-Closers
Hsvo Not Yet Given Up tho Fight.
CHICAGO, June 9.-The federal court, by
majority Of two to one, decided yester-
day to grant the injunction prayed for by
tho district attorney TO restrain the local
directory from opening the Worlds fair
gates on Sunday. Judges Woods and
Jenkins favored the closing of the gates.
while Judge Crosscup held the contrary
opinion. The court room was crowded to
6uifocation with closers and anti-closers
when the three judges took their seats on
the bench. Judge Woods announced that
each member Of the court would deliver
his own opinion.
In the course Of his address Judge Woods
said; "There is claim that the local cor
poration rendered the park to the United
Stntes. but the defence prefers a formal
denial. 1t is question to be decided by
the act of congress inaugurating the en-
terprise. The act shows that the legisla
ture and the park commissioners rendered
the park to the government, and it is clear
that In !, far rs it lay in their power the
legislature and the park commissioners
did mako that trade. A constitutional
amendment was passed enabling Chicago
to raise 81, 100000 for the fair. The adop-
tion OF that amendment corroborates this
position that the government is in posses
eion at jackson park. These grounds
have been lawfully delivered to the use of
the government. There is nothing in the
act of congress to override tho laws of any
state. The general proposition is that
when the government takes possession Of
grounds within state the laws of that
state continue TO have force only through
the United States authorities. March 8,
1888, the government voted s., 500, 900 to
the fair on the condition that IL the grant
3yns accepted the fair was to be closed on
the first day Of the week. There was an
acceptance and the rule adopted, and, in
my opinion, it has never been repealed"
Judge Jenkins, after reviewing the his
Tory of the Columbian exposition and the
relations existing between the United
states government and the exposition cor
poration and the relation OF both to the
enterprise, said: st was found that the
scheme had outgrown the financial ability
Of the local corporation. Congress was
asked for aid and passed a law giving 81
100000 to the exposition. Section 4 of that
act declares that this appropriation is made
on condition that the fair shall be closed
ON Sunday, and that IL the gift should be
accepted the acceptance should be consd-
erred as all agreement to the conditions. 1t
Ia said that this legislation by congress
was without the power of congress in
that 1t seeks to establish a religious test.
j cannot concur in that suggestion. The
day of rest is needful for humanity to re-
cover from the strain OF six days labor
This Is founded on humanity and is justi-
fled outside of any question Of creed or re-
ft.l. l.s. - -. ~. i.
rest and for non-interruption of religious
services. 1t is not compulsory on any one
to go to church, but it provides peace for
those who wish to go to church"
Judge Crosscup's dissenting opinion n
TO the effect that the government violated
Its contract when it withheld 1,140,00O
Of 5000, 600 coins that it had agreed to
give the corporation. Who knows that
the corporation would have accepted the
GIFT and Surrendered its views on Sunday
closing il it had known that part of the
appropriation was to be withhold This
law was passed by congress after the nc
ceptance of the former conditional gift. II
was new condition imposed without the
consent of the other party. The govern
ment has broken faith with the corpora
tion, and no court of equity could i4sist on
the corporation observing the hard condi-
liuuS illposeu ny iue boNelIleub. w Hcn
congress withheld the 10000 souvenir
coins the situation changed. The previous
act was as If it was not
When Judge Crosscup concluded his
opinion fayoring Sunday opening Attor-
ney Edwin Walker, counsel for the direc-
tory, gave notice that an appeal would be
taken and a supersedeas asked for. The
motion is being heard today. If the super
scdeas be granted the fair will remain
open on Sundays until the court of appeals
finally passes on the ca Sc.