Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-06-01
FIRST LEGAL DECREE.
TEMPORARY INJUNCTION AGAlN,T
SUNDAY CLOSING ISSUED.
Judge Stein Holds That the Expedition
Directory is Bound by No Law of Com
gress-Sunday Closing, lie Saws, Can bo
Defended Neither on Legal Nor Moral
Grounds

CHICAGO, May 30. Judge Stein to-day
issued temporary injunction restraining the
exposition directory from'cosing the worlds
fair on Sunday
The decision was made in accordance with
the prayer of bill filed some week ago by
Charles w. Clngman of Chicago in behalf
of himself as a stakeholder in the exposi-
ton company and as citizen. The pro
ceedings were in State courts and were Gu
trely distinct from the more recent case in
the federal courts to which the United
State' government is party. Judge Stein
held that Congress had made no law com
polling Sunday closing
Immediately after tho readn. of
the decision granting temporary
injunction against Sunday closing of
the worlds fair, Attorney Edwin Walker
gave notice that the defendants would file
their answer in the course of 10 days, after
which arguments will be heard and final
decision rendered later.
Judge Stein said in the course of his de-
cioion that the main points on which to de-
eide this case were the federal law involved,
its moral aspects and the State law. In
going over the federal law, Judge Stein
found that in the act OF Congress creating
the exposition it was expressly provided
that no rule or regu alton conflicting with
the State law OF Illinois should he enforced
Under this law the whols Of Jackson
Park would lie thrown open to the public
on all days Of the week. l4ator on, Oct l2
1892, the appropriation then made by Con
gress provided for Sunday closing TIE
condition was accepted by the commits
soners and directors. Tnis constituted a
legal contract and thus far well and good
the gates could be kept closed legally.
However" the court went on, "while
it takes two to make contract it takes
Two also to break it, While 1T had been
shown that Congress had withdrawn from
its agreement by Withholding a part of the
appropriation, nothing to show that the
foir authorities had accepted the additional
condition had been given in evidence. This,
he sud, lett 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 said that it could
not consistently grant the petition asked.
Howard had taken the position that this
was Christian government and that Chris
tianity was part of the law Of the coun-
try.
This is clearly not go, - the court said.
''The position is clearly untenable in a
country of religious freedom
As to violation of the State law, it was
held that though the intervenor had held
that Sunday opening was conducive to dis
turbauce of public peace, be had not proven
his charge.
The judge then summed up by saying
that, seeing no valid reason, legal, moral or
otherwise, for not grantiug the temporary
injunction as asked, he would euter the re
straining order. Bond was fixed at 5000.
Judge Stsin who rendered the decision,
has the distinction of being the frat Hebrew
elevated to the bench in Chicago