New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1893-06-21
WILL BE OPEN ON SUNDAY.
Thief Justice Fuller Decides the Matter for
all Time.
he United States he Says is Not in Pos
session of the Fair.

Chicago June 17.-Chief Justice Full
7 this morning overrulcd the decision
{ the federal district court which issued
Il in junction restraining the directors
ON opening the fair on Sund'y. He
cci,ics for the United States court OF ap
Gals and remands the suit to the circuit
,urt. The decision means to certain
' that the worlds fair will be open on
un,lavs and settles the case for all time,
an appeal would have to go to the
lprtme court Of the United States which
yes not meet until October when the
lir will be ended. Every seat was tax
I fully an hour before the time an
ounceu when the court would decide
ne case, and standing room was soon
Nnaustcl. The crowd was so dense that
" one Of the many feminine sightseers
| the corridors succeede1 in gaining en-
.al,cc to the court room. Chief Justice
'ulier. III rendering the decision spoke
y part rs follows:
"lhr bill pleads that the defendants
( usurplny unlawful authority over the
<po~ition and grounds, and in virtue
urreof assume to open the gates onSun-
ny in contravcntion Of the acts of con-
misunderstanding such opening
oall bc doing great injury and of
rievious prejudice of the common pub
good and to the welfare of the peo-
lcl 1t is not contendcd that any pro-
crty interests of the complainant will
G injured by the threatened action, nor
there any allegation of appreciable in
1ry or probable loss by such action.But
is said that the intervention Of the
ourt mny be rested upon the protection
thc United States in its possessing the
rpund> Of the exposition for the pur-
oSe oi protecting the Jnitcd States in
>,pu~~rsSiou. The furnishing Of the
.OOO.DOO souvenir coins was d condition
pun the local corporation by theUnited
:i.1ps. in addition to the many millions
; hal :,lr. adv contributed, the further
u;n O! ::2,5UD,O00 and the giving to the
government OF a satisfactory guaranty
iryt ii would provide ali additional sums
,vc~>:>#ry for the complete construction
VI the work prior 20 May /, 1893, and
vas subject to two conditions, subse-
went mlmvlv: The payment by the cor
,oration Of all expense, cost and charges
f the great departments Of the cNposi-
ION and the closing Of the exposition on
sunday. In view OF the vast previous
expenditure Of the corporation, and the
Xtent Of the obligations assumed: the
iuht Of all parties concerned and the ma
ure of these conditions, and the condi-
ions subsequent, we do not think this a
roper case for the rule in question; no1
M we concur III the proposition that
he appropriation of the tw" and a half
nillions amounted to a charitable trust
Don certain conditions warranted. The
appropriation Was made for the purpose
t aiding in defraying the cost of the
omplction of the work, and to be paid
yer on vouchers for labor done, materi.
| furnished, and services performed in
he prosecution of that work. 1t was ar
-Dpropriation for the benefit of the loca
corporation to help it out of its financi'
Il difficulty, and to enable it to complete
ITS undertaking and as such does not
.ome under the accepted definition of 9
charitable gift for the benefit of all indie.
Unite class of persons. So far as the
purpose Of the appropriation subsequent
IL made is concerned that purpose haC
to be accomplished before the money
.o,,ld be paid over.
The decision Of the court might inter
pose to protect the United States in its
-oosscssion, but it is the local corporation
hat is in actual possession under the
aw Of the state, and of the ordinance o1
he South park commissioners. The
possession is recognized by the acts Of
congress as essential to the construction
md administration of the exposition by
the corporation. In that construction
the corporation has. invested seventeen
millions of dollars under circumstances
that preclude the viewthat the Unitec
States have exclusive administration anc
authority in the premises. It is perfect
ly clear that congress never intended tha
congress should become responsible fol
the construction of any of the building
except it's own or for the work provided
for by the appropriation. However, i
was intended that the exposition SHOULD