Waterbury evening Democrat., 1893-06-09
THREE JUDGES DIFFER
Two Say the Fair Gates Must
Be Closed on Sunday.
AN INJUNCTION MUST BE Issuer

None of Them Agree ON All Points IF the
Question, hut n Majority Decides ON he
One Important Point-IndiyIdual Ex-
press ons of Opinion.
CHICAGO, H., June 9-The judges OF
the Federal Court failed to agree upon the
proper policy to be pursued in the Sunday
closing question and yesterday great
crowd of lawyers and 9th RS were SURPRISED
by procedure unparalleled in the history
of the Federal Court of the Northern Dis
trict of Illinois.
When Justices Woods, jenkins aud
Gros>cup took their seats on the bench the
former announced that the Court would
pass upon the motion for an injuncti, N
made by the United Sta against che
Worlds Fair Exposition.
Judge w GODS said that he an d his asso-
ciates entertained different views on Ger
tain important points and that each of the
juri is would formulate his ideas in an in
dividual opinion.
Judge Woods then, in a lengthy opinion,
gave his views Of the case and decided that
The prayer for an injunction was we'll
| grounded and that the Columbian Fair
coul.l be enjoined from opening its gates
| Oh Sunday.
Judge jenkins agreed in the main with
| Judge Woods, differing with the latter
| only on minor points of the law. he de-
| c.des that the in Junction must issue AMI
| the Fair close on Sunday.
| Jud e Grosscup holds that the Fair may
| be kept open.
| This decides the question, rs Judge Gross
| cup is ina minority. The court declares
| with The government for the latter's right
| to insist on the con TACT made by the nc
cepiance OF the souvenir coins, and that
| the gates of the Fair remain closed Oh
| Sunday.
The decisions of the judges were rem
| dercd verbally. Judge Woods held that
Jackson Park had been leg lily turned ovel
| TO the United States, and that tie govern
ment has undisputed sway over the
/ grounds.
The fact that the people of the State OIL
| Illinois voted in favor of an amendment tC
| the constitution enabling the city of Chi
| cago to increase its bonded indebteded-
| ness, in order to assist the Fair, Is Ell
| .ence that they acquiesced in the delivery
| If the IA k TO the Fair authorities with
rrIal.t 10 the appropriation of souvenir
| coins
| Judge Woods held this was ii donation
and that tie government was not a party
| to a contract, for the simple reason That
there was no contract.
| Congress had power at any time to de
cree Sunday closing of the Fair, ana it wa!
merely coincidence, he said, that such
decree was made at the same time the ap
| preparation was made.
He held that the Sunday closing rul
which was made by the directory in orde
to receive the appropriation and which wa
ratified by the National Commission ha
Fever been repealed.
The United States has as much right t,
close the Fair ON Sundays and to exercis
jurisdiction over the grou IDS AS it ha
over the government building.
The judge ovcrru!ed the claims of tn
defendants in every case and placed him
self upon record as favoring the grant1u
of the injunction closing on the Sabbath
Iu concluding his opiEion Judge Wood
said that the government was no. Il part,
to the contract and therefore had violate
no contract by withholding p trt of tn
souvenir coins.
District Attorney Milchrist said that h
would ask that the order of injunction
prayed Tor by the government be issued.