The times. [volume] (Richmond, Va.) 1890-1903, 1893-06-09
MUST CLOSE ON SUNDAY.
THE ECOURTsAYs THE WORLDS FAIR
MUST BE CLOSED
On the Sabbath Day, as Per the Expressed
Wish of Congress In Making the
s2,5OO,0O0 Appropriation.

CHICAGO June S.-The Federal court,
by majority of two to one, decided this
morning to grant the injunction priyed
for by the 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 Grosscup held
the contrary opinion.
The courtroom was crowded TO suffo-
cation, 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 de-
liver his own opinion. 1T Is matter
we regret that we have not had time to
reduce our decisions to writing said he,
'and each OF US will speak for himself"
In brief Judge Woods held that the
Government was in absolute possession
OF Jackson Park, and had the right TO
make whatever rule IL pleased concern
Ing the management Of the Fiar; that the
Sunday closing rule had not been law
fully repealed. and that Il was the duty
OF the court 10 grant the relief prayed
for by the district attorney. lie believed
that an injunction should be issued.
In the course of his address, Judge
local corporation rendered the park to the
United States. but the defense makes a
formal denial. IL Is a question TO be
decided by the act OF Congress Inaugural
ting the enterprise. The act shows that
the legislature and park commissioners
rendered the park TO the Government and
is is clear that I'm so far as 1t lay In
their power. the legislature and the park
commissioners did make that trade.
constitutional amendment was passed, en-
abling Chicago to raise s.. 900 900 for the
Fair. The adoption Of that amendment
corroborates this position. that the Gov
ernment is in possession Of Jackson Park.
These grounds have been lawfully deliv-
cred to the use OF the Government
There is nothing IN the act Of Con-
gress 70 override the laws Of any State.
The general proposition is that when
tho Government takes possession Of the
grounds Within a State the laws Of that
State continue 10 have force only thrOug1
the United States authorities. The same
WAS true at the Centennial. II Is true
that the Government has no right 10
control parks I'm Illinois unless hey ere
rendered > and dc ,epted by Congr 50.
Congress would have no control over Lin
coin Park. IL has at Jackson Park, for
that has been rendered My conclusion
on that point IL then that Congress has
the right to regulate Proceedings on those
grounds.
what has Congress done IN respect TO
Sunday closing?
MY conclusion is Congress mad the
power TO make regulations concerning
that question. March 3. 1898, the Gov
ernment voted s.. 2.50O000 to the Fair on
the condition that II the gift was ac-
cepted the Fair was 10 be closed on the
In pf
II the money was taken the commission
Il does not say the directors-was to
ADOPT rule closing the gates on Sunday,
thus recognizing or establishing the right
OF the commission TO make this rule.
There was an acceptance, and the rule
adopted, and, In my opinion. 1t has never
been repealed
Judge Jenkins. after reviewing the his
tory Of the Columbian Exposition ana
the relations existing between the
United States Government and the Ex-
position Corporation. and the relation or
both to the enterprise. said
"It was found that the scheme had out
grown the financial ability Of the local
CORPORATION. Congress was asked for aid.
Congress passed a law giving s2,50O,OOO to
the Exposition. Section 4 Of that act de-
clares that this appropriation Is made on
condition that the Fair shall be closed on
Sunday. and that II the gift should be
accepted the acceptance should be consid- |
cred as an agreement 20 the conditions. |
II Is said that this legislation by Con-
gress was without the power OF Congress |
in that Il seeks to establish "a religious |
test. / cannot concur I'm that suggestion. |
The legislation with respect To the first |
day OF the week has nothing 10 DO with |
the matter Of a religious test or the COM |
80 che 80 n q
religious belief Of service; the day OF |
rest Is needful for humanity 10 recover |
from the strain of six days labor This |
is Founded on humanity and Is Justified |
outside OF any question Of creed or re1- /
gion. The laws OF the State bearing on |
this point provide for rest and for non |
Of religious services. 1t IS |
not compulsory on any one TO go 10 |
church. but IT provides peace for those |
who wish TO go to church.
"Any person has a right 10 annex 10 |
a gift any condition that is not Illegal or |
immoral. The appropriation by Congress |
OF money 10 the Exposition can be right |
fully construed as a charitable bequest |
and IT is clear that TO such bequests there |
can be attached conditions which the |
courts must enforce. The local corpora
tion accepted the money and passed a |
rule closing the fair on Sunday. II has |
received a large sum Of money as condl- |
tional gift. and the conditions must be |
observed by the donee, and court OF |
chancery. on proper presentation, must |
see 60 1t that the conditions laid down |
are enforced. In retaining the S50O'O0 |
or more out of the s. 800. 900 the United |
States did no more than II had a right |
to do, because the national honor Is IN |
vOlved.
"rhe resolution 10 open the fair on |
Sunday was not legally passed. The cor
poration cannot change rules once adopted |
by the commission as soon as the com
missions back is turned. AS 10 the state
court, which has passed on this case,
| will say that the United States was
not "A party in that court. l think that
there can be no question but that the
United States has a right 10 use courts
OF its own jurisdiction 10 adjudicate mat
ters pertaining 20 Governmental affairs.
In my opinion the injunction asked for
should issue"
The paid admissions at the Fair to-day
were Sl24s9i.
The Man Of Many Names.
Harry Melville alias Brooks, alias