Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1893-06-01
ORDERS A SUNDAY FAIR.
Injunction Issued by Chicago Judge Against
Closing the Fair.

CHIcAco, ILL.,, May 2o.-Judge Stein to.
day issued temporary injunction re-
straining the exposition directory from
closing the Worlds Fair on Sundays.
The decision was made in accordance
with the prayer of 4 bill fled some
weeks AGO by Charles W. Ciingman,
OF Chicago, on behalf of him.
self as Il stakeholder in the exposition
company and as citizen. The pro-
ceedings were in the state courts and
were entirely distinct from the more
recent ease in the federal courts to
which the United States government is
Il party. Judge Stein held that Con-
@rcsS had made no law compelling sun
day closing.
When the judge appeared with the
role containing the decision the court
room was quite filled with those inter
ested in the ease. The crier gave the
customary rap and short harangue Grill
ing attention to the opening of the court,
and the judge began reading
his decision. He said the main
points on which to decide
this case were the federal law
involved, its moral aspects, and the
state law In going over the federal
law, Judge Stein found that III the act of
Congress creating the Exposition it was
expressly provided that no rule or reg
ulation conflicting with the state law
OF Illinois should be enforced.
Under this law t whole of
Jackson Park would be thrown open to
the public on all days of the week.
Later on, October l., 1892, the appro-
priation then made by Congress pro-
vided for Sunday closing, The condi-
ton was accepted by the commissioners
and directors. This constituted legal
contract, and thus tar well and good
the gates could be kept closed legally.
"lIowever,' the court went on,
"while it takes two to make Il contract,
it takes two also to break it He said
tina: while it had been shown that Con-
gress had withdrawn from its agree
ment by withholding part of the APP
preparation, nothing to show that the
fair authorities had accepted the addl-
tional condition had been given in evil
dcnce. This. he said, left the matter in
the hands of the fair authorities.
Touching the moral side on the ground
taken by the intervening petitioner,
Charles II. Howard, who asked for an
order for Sunday closing, the court sad
that il could not consistently grant the
petition asked. howard mao taken VIC
position that this was Il Christian gov
crnment and that Christianity was Il part
of the law of the country. This Is
clearly not SO, said the Court. ''The
position is clearly urtenable i'll ii coun-
, try of religious freedom" AS to the
| violation of the state law, it was held
u that though the intervenor had held
lthat sunday opening was conducive to
! disturbance of public peace, he had not
! proven his charge.
! | The Judge then summed up by saying
Mai, seeing no valid reason, legal moral
~ otherwise, for not granting the tenn
! hrary Injunction asked, he would entei!
the restraining order. Bond was fixed
al 5000. Judge stein who rendered
tin decision, has the distinction of be-
ina the first Hebrew elevated to the
he\ch in Chicago.
Immediately after reading of the de-
cisiln, Attorney Edwin Walker gave
notGe that the defendants would file
thcI answer in the course Of ten days
altc4 which arguments will be heard
and final decision rendered later.