The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-06-09
TO CLOSE THE FAIRS GATES.
TWO JUDGES DECLARE AaAIHsr SUM-
DAP OPENING.

An InIunetion 60 shut Up the Mig Show One
Day In Seven-tJudgo Grosscup Dissent.,
and Thinks the Fair May Legally ne
Opened-A supersedens To ne Asked For.
CHICAGO. Juno s-The Federal Court by q
majority OF two to one decided this morning
to grant the Injunction prayed for by the Dis
triot Attorney to restrain the local directory
from opening the Worlds Fair gates on Sum-
day. Judges Woods and jenkins favored tho
closing Of tho gates. while Judge Grossoup
held the contrary opinion. The court room
was crowded to suffocation whom the three
Judges took their seats on the bench. Judge
Woods announced that each m ember Of tho
court would deliver his own opinion. ct is n
matter OF regret that we have not had time to
reduce our decision to writing" said he. and
each ono Of US will speak for himself"
In brief. Judge Woods held that the Govern
mont was In absolute possession Of jackson
Park, and had the right to make whatever rule
1t pleased concerning the management OF the
Fair: that the Sunday closing rule had not
boon lawfully repealed and that IL was the
duty OF the court to grant the relief prayed for
by the District Attorney. He believed that an
Injunction should be issued. In the course OF
his address Judge Woods said:
There Is a claim that tho local corporation
rendered the park to the United States, but the
defence prefers formal denial 1t is a ques-
ton to be decided by the act Of Congress in
augurating the enterprise.
The act shows that the Legislature and the
Park Commissioners rendered tho park to tho
Government and It is clear that, in 80 far as IL
lay In their power. the Legislature and the
PARK Commissioners did make that trade.
constitutional amendment was passed en-
aAolinG Chicago to raise, S5.0oo,0o0 for the
Fair. The adoption OF that amendment cor
roborates this position that the Government
m npta Durl
use OF the Government"
Judge Woods continued: There is nothing
IN the act OF GSngress to override the laws OF
any any state, Tho general proposition is that
grounds within State the laws Of that stats
continue to have force only through the United
states authorities. The same was true at tho
has no right to control parks in illinois un-
j. g they are rendered to and accepted by Com
lincoln Park. It has at Jackson PARK. for that
has been rendered MY conclusion ON that
regulate proceedings on those grounds.
dag day closing? Ny conclusion Is that Congress
ment voted tint 900 to the f" H u ON the
was to DO closed on the first day OF the week.
IN IN other III words i tho money was taken the
was to adopt a rule closing the gates on Sun
day; thus recognizing or establishing the right
on tne commission TO make this rule. There
was an acceptance and the rulo was adopted.
and; in my opinion. 1t has never been repeal
Judge Jenkins. after reviewing the history
OF the Columbian Exposition and the re-
lations existing between the United States
Government and tho Exposition corporation
and tho relation OF both to the enterprise. said:
the financial ability OF the iocal corporation.
q law giving s2.5OO0OQ to the Exposition.
printion is made on condition that the Fair
shall be closed on Sunday. and that II the gift
should be accepted the acceptance should
be considered as an agreement to the condi-
1T is said that this legislation by Congress
was without the power Of Cong ress in that 1t
concur in that suggestion. The Legislature.
with respect to the first day OF the week. has
nothing to do with the matter OF a religious
particular religious belief or service: the day
Of rest is needful for humanity to recover from
the strain OF six days labor. This is founded
Of srsod rs
State bearing on this point provide for rest
and for non-interruption of religious services.
It is not IT, coip = on any one to 60 to
wish to go to church.
Judge Grosscup disagreed with his asso-
the eoas OF
under a proviso Intended only to preserve tho
national honor. In his opinion the Directors
8nd g GomRm nm had right to open the
Tho Court instructed counsel to prepare On
order providing for the INJUNCTION as prayed.
Attorney Walker. for the E1position. gave
probable that after all the Fair may not close
on Sunday. as an appeal will surely be granted
and In all probability supersedeas will be
eJna h %aFas no Of hS s BE-
heard tomorrow.