The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-06-19
OPEN ON SUNDAY.
Full Text OF ohiet Justice Fullsr's
Worlds Fair Decision.
WERE NO DISSENTING OPINIONS
BY the Other Members of tho Court
Of Appeals = The Grounds Upon
Which tho Chief Justice Decided
the Case, Which is Now Virtually
Settled = The Fair WIN Remain
Open Every sunday,

Worlds Fair Will be opened hereafter
seven days week indefinitely and the
prospects are they will be open every
day till the fair closes.
Thisis the result OF the hearing be-
fore the United States court Of appeals,
Chief Justice Fuller presiding, which
was concluded yesterday by the opin'
ion read by the chleE justice in open
court,
Chief Justice Fuller in rendering the
decision spoke as follows;
"Deeming it desirable that this mat.
ter should be disposed OF at once, We
shall announce the result at which we
have arrived, postponing, for want o.
time, the full expression OF our views,
which will hereafter be given.
''The appellees have submitted mo.
ton to dismiss this application, upon
the grounds that the jurisdiction OF the
circuit court was az issue; that the case
involved the construction or application
OF the constitution OF the United States,
and that the constitutionality OF law
ofthe United States was drawn in ques-
ton therein that therefore, the appeal
preme court OF the United States, and
not this court, and hence this appeal,
which will be interlocutory, cannot be
maintained under section OF the ju-
dietary act OF March 3, 1901. We do
not want to understand that the power
OF the circuit court to determine the
case was denied, but that the appellants
commended that the United States had
not, by their appeal, made case prop
erly equitable in court OF equity.
The objection was to the want Of equity
and not the want Of power. The juris-
diction OF the circuitcourt was therefore
not in issue and within the intent or
meaning OF the act, 80 far as the con-
struction or application Of the constitu.
tion OF the United States and the con-
stitutionality Of the laws Of the United
States are concerned We are OF the
opinion that the order we are called
upon 10 review involved neither one
nor the other in the sense Of the action
that the was court invoked.
THE GROUNDS OF THE CONTENTION.
"The disposal OF the proceedings OF
the disposition OF the contention rest
upon the ground as to whether tho de.
cision had any references to the con.
struction or application OF the construc-
ton, or the validity Of acts OF Congress
in respect OF that instance. And the
conclusions upon which the former was
based were invoked at constructions OF
that character The jurisdiction OF this
court to review cannot DO defeated at
the instance OF the appellees, because
the constitutionality OF the acts upon
which they rely might have been chal.
lenged by their adversaries. The mo.
ton to dismiss Is overruled.
1.-THE question TO be determined Is
whether upon this circuit the prelim-
mary injunction should have been
granted. The bill pleads that defend
ants are usurping unlawful authority
over the exposition and grounds, and,
in virtue thereof, assume TO open the
gates on Sunday, in contravention OF
the acts OF Congress. The decision of
the court might interpose to protect
the United States in its premises, but
II Ia the local corporation that is in &c.
tual possession, under the law OF the
state and Of the ordinance Of the South
Park Commissioners. The possession
is recognized by the acts OF Congress es.
sential to the construction and admins.
tration OF tho exposition by the Corpo-
ration. In that construction tho cor
poration has invested $l6,00O00O under
circumstances that preclude the vinw
that the United States have exclusive
administration and authority in the
premises.
THE EVIDENT INTENTION OF CONGRESS.
at is perfectly clear that Congress
never intended that Congress should
become responsible for the construction
OF any OF the buildings except its own,
or for the work provided for by the ap.
preparation. However, It was Intended
that the exposition should receive the
sanction OF that government, and in
that sense, as remarked by Chief Justice
Waite in the Philadelphia case, "bo i'm
pressed by national and international
character" OF course tho government
has qualified possession, but we find
nothing in this regard upon which to
base an intervention OF court Of equity
on that ground.
"Wo cannot now discuss tho various
questions necessary to be considered,
but which will DO treated in the opinion
to be filed. 1t is sufficient to say tina.
we cannot except this case from tho
ordinary rule which requires the exor.
else Of Jurisdiction In chancery, some
injury to property, whether actual or
prospective, some invasion OF property
or civil rights, some injury irreparable
in its nature and which cannot be 70.
dressed at law. This Is not such case,
and tho result is, wo hereby rof use tho
order, aud the case Is remanded Tor
further proceeding not inconsistent
with the conclusions"
Chief Justice Fuller spoke In a posi-, |
tive voice audible to the most distant
parts OF the room. Tho cheers were
suppressed In tho court room, but thoro
were outbursts Of exuberRnt satlsfoc.
ton by many before they had gotten
without the hearing OF tho court,
Judges Bum and Allon gave vent to
NO utterancos whatever, concurring IN
every point as spoken by the chief |
justice, Tho decision, as given above,
10 the complete text, Shorthandod, ver.
batim.
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