River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1893-06-22
OPENS IhE GALES.

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Unanimous Decison of the United States
Circuit Court of Appeals Setting Aside
the Injunction Against Sunday Opening
of the Worlds Fair-The Opinion In
Full.
CHICAGO, June 19.-The worlds fair
is to be kept open on Sunday in the fu-
ture. Such was the unanimous decision
of the United States circuit court of
appeals, Chief Justice Fuller presiding,
given at II a. m. Saturday
The appeal from the order of Circuit
Judges Woods aud jenkins closing the
fair on Sundays bad 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:
"Deeming il desirable that the matter should
be disposed OF at once, we shall announce the
result arrived at, pos tponing for want OF time
the elaboration OF the views expressed, which
will hereafter be filed Appellees have sub
mitted motion to dismiss this appeal
upon the grounds that the Juris-
diction of the circuit court was in issue;
that the case involved a construction or appli-
cation OF the constitution OF the United States,
and that the constiutionality OF the law of the
United States was drawn into question therein;
that therefore the appeal from the final de
cree would lie 10 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 3, 1891.
eve do not understand that the power of the
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 a case properly cogniZant in
a court OF equity. The objection was want
OF equity and not a want of power. The iuris-
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 and the
constitutionality Of the laws OF the United
States are concerned
1--WE are of opinion that the order we are
oAp2n ~ eHsS one nYe 5 e or 5 drew inc he
sense that the ton 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 conclusions
upon which the order was based were invoked
by considerations OF that character.
The jurisdiction of this court TO review the
order cannot be defeated at the instance OF the
appellees because the constitutionality OF the
matter upon which they rely may have been
challenged The motion To dismiss is overruled.
1.-The question to be determined is whether
npon this record a preliminary injunction should
have been granted The bill AYERS that the de-
PENDANTS usurping powers involving author
ity over the exposition and the grounds, and in
virtue thereof assumes TO open the exposition
on Sunday in contravention of the acts of con-
gress-nOtwiths landing 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. Ii
is not contended that any property in
terest OF the complainant will be in
jured by the threatened action, nor is there
any allegation Of irreparable injury OF 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
possession. The furnishing OF the five million
souvenir coins was condition upon the local
corporation by the United States, in addition to
the many millions il had already contributed,
the further sum of s., 5OOO 900 and the giving to
the government OF satisfactory guaranty
that il would provide all additional sums neces-
sary for the complete cons truction Of the work
prior TO May l, 1898, and subject TO two
conditions subsequent namely: The payment
charges of the great departments of the expo
sition and the closing of the exposition on Sun
day
lin view OF the vast previous expenditure of
the corporation and the extent of the obliga-
lions assumed. the right of all parties con-
cerned and the nature OF these conditions
and the conditions subsequent we do not
think this proper case for the rule
in question, nor can we concur in the
proposition that the appropriation of the
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certain conditions warranted The appropra
tion was made for the purpose of aiding in de
fraying the cost of the completion OF the work,
and TO be paid over on vouchers for labor DONE
material furnished and services performed in
the prosecution of the work. 1t was an appro-
priation for the benefit of the local corporation
to help il out of its financial difficulty and to
enable il to complete its undertaking, and as
such does not come under the accepted defini
ton of a Charitable gift for the benefit OF in
definite class of persons So far as the purpose
of the appropriation subsequently made is con
cerped. that purpose had 10 be accomplished be-
fore the money could be paid over.
1.-THE decision of the court might interpose to
protect the United States in its possession, but
u is the local corporation that is in actual pos
session under the law of the state and of the
ordinance of the South park commissioners
The possession is recognized by the acts OF
congress as essential TO the construction and
administration OF the exposition by the corpora
ton In that construction the corporation has
invested si600O,OOO under circumstances that
preclude the view that the United States has
exclusive administration and authority in the
premises. IL is perfectly clear that congress
never intended that congress should become re-
sponslble for the construction OF any of the
buildings except its own or for the work pro-
vided for by the appropriation. However, ii
was intended that the exposition should receive
the sanction OF the government and in that
sense. as remarked by Chief Justice Waite In the
Philadelphia case, be impressed by a national
international character
"Of course the government has a qualified
possession, but we find nothing In this regard
upon whish TO base an intervention OF court
of equity on that ground.
1--WE eannot now discuss the various
questions necessary 20 be considered, but
which VIII be treated OF in the opinion
TO be flied. IL is sufficient to say that
we cannot except this case from the
ordinary rule, which requires TO the exercise
of jurisdiction in chancery some injury to prop
erty, wheiher actual prospective, some in
vasion of property civil rights, some injury
irreparahle in ITS nature and which cannot be
redressed Of law. This is not such case, and
the result IS we hereby refuse the order and the
inconsistent with these conclusions"
Secretary Mclean, of the Sabbatari-
an assoc alton, said that they had not
given up the fight yet. They would
now press the injunction suit of Wanna
maker 81 Brown, who sue as stockhold-
ers. and he thought that that case
would stand in equity.