The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-18
ZEE IAIk TO BE OPEN SUNDAYS.
Caief Justice Fuller Ovepsulee the Ne.
etsson ef the Ctrcais Court

Catef Jussice Fuller Oveprulee the De-
eisson Of she Ciresis Court.
CHICAGO. June lL-Chief Justice Fuller
this morning oveyTnled the decision Of the
Federal circuit co1rs. which issued an in
junction restraining the directors Of the
Wofids iair from opening the gates on
SUNDAY. He decided for the Cnised States
court Of appeals and remanded the case TO
TIE circrit court Tor reversal OF its action.
Ine court room Was crowded ard the
utmost interest at the outset gave place 10
the utmost satisfaction at the close. The
oecisson settles the matter finally,
- the only appeal possible Is to the
supreme court, which does not NEE:
until October, when the fair will be ended.
Iae opinion rendered covers oniy the
national points involved and owing 20
lack OF time the full decision will not be
rendered until later. The opinion began
BY cveryuling the motion of the govern
meat counsel to dismiss the appeal from
the circuit court. on the ground OF non.
jurisdiction Of the appellate court. a un-
tenahie. Ii was also held that the gift
from the United States to the fair Was in
no sense charity trust: that when the
grant vas made, in consideration Of the
local corporation having expended up-
wards OF $l6. 600 90 toward q public enter
prise. 1t Vas not done 70. the purpose of
obtaining control in whole or in part. The
restraining order Of the circuit court. pre-
venting the opening Of the gates on Sun
days, must therefore be set aside and the
case remanded.
The court further made the point against
the action by injunction fha; il had not
hn k1~
ment might have in the fair would be
irreparahly damaged by opening the fair
On Sundays. Justices Dunn and Allen
eoncurred' IN the decision, making the
courts motion unanimous
WAsHrxaroS CRY. June 1.-THE opin.
lon OF the court Of appeals in deciding thst
the Worlds Columbian exposition at Chi
cago shall be opened on Sunday was re-
eeived here by press bulietion early in the
afternoon. Attorney General Olney said:
His department. had . clear record in the ease.
and had exhausted every legal means 70 force
TIE mandate of congress in the matter. II 10
generally acknowledged that the Get o: congress
Vas couched In language sufficiently dubious
10 make it, intent doubtful Il seemed % him
that the end had now been reached. though hs
was not entirely sure, not having carefully ex.
aminsd the law. but that an appeal should
% sSAeu 70 Sno supreme court OF the
United esateA This, however. would seem
to be uselsss. - court did not meet
until October. and before the case could
b heard the fair would Be closed By Limitation
while be saw no means In sight. perhaps thoss
Who had eeen more intimately associated with
the case than he would yet discover come.
Other matters OF . complicated character would
undoubtedly grow out OF the decision Il vss
csrtain. to his mind. that The government could
not now give 70 Worlds fair authorities the
100000 stili retained in the treasury,
but which had been appropriated upon
certain conditions Doubtless he would
b confronted with . proposition TO
take sseps - recover 81. .soa0oo already paid cut
He could not say what courss he would pursue
Perhaps the gate money could Be impounded
to reimeurse the governmsne still, he was not
entirely clear - 20 this and would have 70 con.
sidef the matter moro in detail. Another Quss-
tion affected oy tie decisisn was the govern
nent exhibits. II vas entirely clear that the
government exhibits could not b cpen on sun
day. but the conditions imposed might prevent
the government exhibits from being open on
any day. He hardly thought. however, that the
Law would bear this eou1efuction.