The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-06-09
MUST CLOSE ON SUNDAY.
An Injunction Granted Against the
Worlds Fair.

judge Crossoup Held Contrary
opinion-The Governments Control
of Jackson Park Affirmed.
Chicago, June S.-The federal court, by
a majority Of 2 to /, decided this morning
to grant the injunction prayed for by the
district attorney to restrain the local di-
rectory from opening the worlds fair
gates on Sunday. Judges Woods and
Jenkins favored closing of tho gates,
while Judge Crosscup held a contrary
opinion. The court room was crowded to
sutfocations with closers and anti-closers
when the three judges took their seats on
the bench. Judge Woods announced that
each member of the court would deliver
his own opinion. cit is a matter of regret
that we have not had time to reduce
our decision to writing" said he, land
each one of US win speak for himself"
In brief, Judge Woods held that the gov
ernment was in absolute possession of
jackson park and had a right to make
whatever rule it pleased concerning the
management of the fair: that the Sunday
closing rule had not been lawfully re-
pealed and that it was the duty of the
court to grant the iefprayed for by the
district attorney. He believed that an
injunction should be issued
CONTROL OF THE PARK.
In the course of his address Judge
Woods said "There is claim that the
local corporation rendered the park to the
United States, but the defense prefers a
formal denial. it is question to be de-
cided by the act of congress inaueurating
the enterprise. The act shows that the
legislature and park commissioners ten
dered the park to the government, and it
is clear that in so far as it lay in their
~ower the legislature and park commits
siOners did make that trade. A constitu-
tional amendment was passed enabling
Chicago to raise S5000,00O for the fair.
The adoption of that amendment cor
roborates this position that the govern
ment is in possession at jackson park.
These grounds have been lawfully de-
liyered to the use Of the government.
There is nothing in the act of
congress to override the laws
of any state. The general
proposition is that when the government
takes possession of grounds within a
state the laws of that state continue to
have force only through the United
States authorities. The same was true
at the centennial. 1t is true that
the government has no right to control
parks in Illinois unless they are rendered
to and accepted by congress. Congress
would have no control over Lincoln park.
1t has at jackson Park, for that has been
| rendered. My conclusion on that point
| is, then, that congress has right to regu-
| late the proceedings on those grounds.
! What has congress done in respect to
| Sunday closing? My conclusion is
| that congress had power to make regu-
| lations concerning that question, March
| 3, 1898, the government voted s., 800, 900 to
fa an bof hn rriFt
| accepted the fair was to be closed on the
| first day of the week. In other words, If
| the money was taken the commissioner
| does not say the directors-was to adopt
a rule closing the gates on Sunday, thus
| recognizing the right of the commission
to make this rule There was an accept
ance and the rule was adopted, and In my
opinion it has never been repealed" ="
JUDGE JENKINS VIEWS.
Judge Jenkins, after reviewing the his
tory of the Columbian exposition and the
relations existing between the United
States government and the exposition
corporation and the relation of both to
the enterprise said: 1T was found that
the scheme had outgrown the financial
ability OF the local corporation. Congress
was asked for aid. Congress passed a
law giving So 800 900 to the exposition.
Section of that act declares that this
dition that the fair shall be closed
on Sunday and that if the governments
offer should be accepted, the acceptance
should be considered as an agreement to
the conditions. 1t is said that this legis-
lation by congress was without power by
congress in that it seeks TO establish a
religious test. / cannot concur in that
suggestion. Legislation with respect to
the first day of the week has nothing to
Il h hn mo nV nj
compulsion of observance of a particular
religious belief or service. A day of rest
is needful for humanity to recover from
the strain of six days labor This
is founded on humanity and Is justified
outside of any question of creed or re-
ligion. The laws of the state bearing on
this point provide for rest ana non-inter-
ruption of religious services. It is not
compulsory on any one to go to church,
but it provides peace for those who wish
to go to church.
"Any person has the right to annex to
a gift any condition that is not illegal or
immoral. The appropriation by congress
Of money to the exposition can be right
fully construed as a charitable bequest,
and il is clear that to such bequests there
can be attached conditions which courts
must enforce. The local corpora
tion accel ted the money and
passed q rule closing the fair
on Sunday. 1t has received large sum
of money as a conditional gift ana the
conditions must be observed by the donee,
and the court of chancery, on proper pre-
sentatiOn, must see to it. that the condi-
tions laid down are enforced In retain
ing $500. 900 or more out of the 81, 500 900,
the United States did no more than it had
a right to do, because the national honor
is involved. The resolution to open the
fair on Sunday was not legally passed.
The corporation cannot change the rules
once adopted by the commission as soon
as the commission's back is turned. AS
to the state court which has passed on
this case, l viii say that the United
States was not party in thdt
court I think that there can be
no question but that the United States
has right to use courts of its own iuris-
dfction 10 adiudicate matters pertaining
to governmental affairs. In my opinion
the injunction asked for should issue"
JUDGE CROssCUP's DISSENT.
Judge Crosscup delivered a dissenting
opinion. He conquered, he said, in the
opinion of Judges jenkins and Woods that
power to modify the rules of the local
corporation was given to the commission
to protect the national honor. He con
CURED in the opinion that the exposition
was national in its character. But it is
characteristic OF American thought that
such things should be done by the peo-
pic with the aid Of the government.