The herald., 1893-06-09
MUST CLOSE ON SUNDAYS.
A Six-Day Institution Is the
Worlds Fair.
Such Is the Decision of the
District Court.
The Case Taken to the United States
Court Of Appeals.
Infanta EuIaIia's Grand Greeting at the
White Cfty-she Receives the
Homage of Two Hundred
Thousand People.

BY the Associated Press.i
CHIoAeo, June 8.--The majority OF
the United States circuit court today
decided that the worlds fair must close
Sundays. Judges Wood and jenkins
ordered that an injunction be issued
restraining the officials from opening the
gates OF the fair grounds. Judge Cross
cup dissented, recommending that the
injunction applied for by the United
States district attorney be not granted.
The opinions of Judges Wood and
Jenkins, though reaching the same
point OF view in the end, take action on
widely diverging grounds, and the dis
senting opinion differs radically from
both.
The court room was crowded when
the decisions were read. Judge
Woods read his own opinion, in
which he concluded that jackson park
was lawfully devoted for exposition .pur-
poses, and that the exposition had been
in fact turned over to the control OF the
federal government by the local corpora
ton, and that it's control was therefore
as absolute as Its control OF federal
building. He held that q Sunday clos
ing rule having once been passed by the
local directory and approved by the
national commission, the former body
could not change 1t. Regarding the
case before Judge Stein of the state
court, he held that 1t Was no bar to the
proceedings, because it is inadmissable
to say that the government must In
comfy yield to the state court.
Judge Jenkins took the view that she
Sunday closing condition was not q
question OF religious belief, but matter
Of scientific research that man required
one day in seven to rest, and that this
had been recognized by the United
/ States ever since their foundation. The
resolution of the directory to return the
souvenir coin, he claimed, was no ten
| der at all. He said the question did not
hinge on the question of the possession
of the grounds by the federal FeEfK2s
that an Injunction Issue.
Judge Grosscup, In dissenting, held
that the commissioners had jurisdiction
over the exhibits in awarding prizes
also the right to modify, but not to
make, rules. He took exactly the
opposite view from Judge Woods
in reference to the 5000, ,OOC
appropriated by congress, holding that
it was not in the nature of q gift, but a
contract between the United States and
the local corporation. He said il the
national commission had charge OF the
exposition, as claimed, twas the fret
time he had ever heard of a donor max
ing himself donation. The govern
ment had broken its contract by with.
holding part of this appropriation
therefore the local organization was re-
leased from its contract with the gov
ernment. He, therefore, disagreed from
the conclusions of the other judges.
Attorney Walker Immediately ap
pesled to the United States court o
appeals, and the question will be con
sidered at 9 80 tomorrow.
Director General Davis said: Ger
tainly we will keep within the law, ant
If that is the law, the fair will be closec
Sundays"
Vice-President DeYoung of the ma
tional commission said: "The opinion il
surprise to me. The national govern
ment could make no law affecting Sab
bath observance in Illinois, so made
contract with the local directory, anc
then broke it,"
Other members Of the local directory
and the national commission declined t,
talk.