The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1893-06-22

appears, Cfilel y usLlce + ulIer presenting,
given a II a. m. Saturday.
The appeal from the order of Circuit
Judges Woods and Jenkins closing the
fair on Sundays had been argued for
two days and the court of appeals re-
versed it and held that the local di-
rectory could do as it pleased in the
matter.
Chief Justice Fuller rendered the de-
cision, in which both Judges, Allen and
Bum concurred.~ Following is the full
text: H.
: "Deeming it desirable that the matter should
be disposed of at once, we shall announce the
result arrived At postponing for want OF time
the elaboration OF the views expressed, which
will hereafter be fled Appellees have sub
mlttsd motion to dismiss this appeal
upon the grounds that the juris-
dlction of the circuit court was in issue;
that the case involved construction or appli-
cation of the constitution Of the United States.
and that the constitutionality of the law Of the
United States was drawn into question therein:
that therefore the appeal from the final de-
cree would lie. to the supreme court of the
United States, and not to this court and hence
that this appeal which is from an interlocutory
order, cannot be maintained under the seventh
section of the judiciary act Of March 8, 1891.
circuit court to hear and determine the case
was denied but that the appellants contended
that the United States had not by their
bill made q case properly cognizant IN
a court of equity The objection was want
of equity and not a want OF power. The juris-
diction Of the circuit court was therefore not IN
issue within the meaning and intent of the law
so far as the constitution or the application OF
the cons titution of the United States md the
constitutionality of the laws OF the United
States are concerned
1--WE are of opinion that the order we are
called upon to review involved or drew into
question neither the one nor the other In the
sense that tho action Of the circuit court was in
voked. The disposal of the proceedings or the
disposition Of the contention rests upon. the
ground as to whether the decision had any refer
ence to the construction or application Of the
constitution or the validity Of acts OF congress
in respect of that instance; and the conclusfonS
upon which the order was based were invoked
| by considerationssof that character.
1.-THE jurisdiction of this court to review the
order cannot be defeated at the instance Of the
| sppellees because the constltutionality OF the
matter upon which they rely may have been
chaflenRed The motion to dismiss is overruled
1.-THE question to be determined is whether
| upon this record preliminary Injunction should
! have been granted The bill AYERS that the de-
| PENDANTS are usurping powers involving author
| tty over the exposition and the grounds, and In
| virtue thereof assumes to open the exposition
| on Sunday in contraventf0n OF the acts OF con-
| gress-notwithstanding such opening would be
/ Of great injury and grievous prejudice to
| the common public good and to the welfare
/ of the people of the United States. It
| is not contended that any property in
/ terest of the complainant will be IN
| tured by the threatened action, nor is there
any allegation Of irreparable injury or proba-
BILE loss by such action. But it is said that the
intervention Of the court may be rested upon
the protection OF the United States in its pos
session Of the grounds Of the exposition for the
purpose of protecting the United States In Its
TIC Ct the g We million
souvenir coins was condition upon the local
corporation by the United States, in addition to
the many millions it had already contributed,
the further sum of &, 500, 600 and the giving to
the government OF satisfactory guaranty
that it would provide all additional sums neces
sary for the complete construction Of the work
prior to May l, 1893, and was subject to two
conditions subsequent, namely: The payment
by the corporation of all expense costs and