The Indianapolis journal., 1893-06-09

Worlds Fair Officials Restrained from Open

VICTORY FOR THE CLOSERS
Worlds Fair Officials Restrained from Open
ing the Gates on sundays.
CHICAGO, June 8.-Judges Woods and
Jenkins. of the federal bench, ordered to-
day that an injunction issued restraining
the officials of the worlds fair from open
ing the gates OF Jackson Park on Sunday.
Judge Grosscup dissented. and In his find
ing recommended that the injunction be
not granted. For the first time probably
in the history of United States district
courts. q bench of three judges failed to
arrive at q majority finding. each of the
two judges who granted the injunction
taking action on widely diverging grounds
and rae dissenting judge differing radically
from both.
Prominent lawyers and citizens interest
ed on both sides of the question crowded
the federal courtroom to-day when judges
Woods. Jenkins and Grosscup filed slowly
in and seated themselves upon the bench.
Judge Woods spoke first, and said that the
court would pass upon the motion for an in
junction made by the United States against
the Worlds Columbian Exposition Com
pany TO compelit TO close the gates on Sum-
day. He announced that he and his asso-
ciates entertained different views on GER
tain Important points, and that each judge
would formulate his ideas In an individual
opinion. The jurist then read his own
opinion. in which he concluded that jack
son Park was lawfully devoted for exposi-
tion purposes. and that the Injunction
should be grated as prayed for. He found
that the exposition had been. In fact.
turned over to the control of the federal gov
ernment by the local corporation, and this
control was. therefore, absolute as the con-
troll Of the federal building in which ho
was speaking. He held that the Sunday
closing condition and the souvenlr-coin
grant did not constitute q contract. and
the Sunday rule, having once been passed
by the directory and approved by the ma
tional commission, the directory had no
. authority to reconsider it, He held that
Congress had perfect right to withhold
that portion of the souvenir coins which il
retained, and that the people had no right
of entry into the park because they had
handed the governance of the entry over to
the federal authority when they voted the
issue of 8, 900, 000 bonds for the purpose OF
the ex position. He also held that Cons ress
dil not limit the amount of money
to be expended on the fair, but
that the local corporation was liable
tor every dollar of 1t. He found that be-
cause the exposition had been rendered to
and accented by the governments. therefore
the government had q standing in equity.
So far as the case before Judge Stein is con.
cerned. he held that 1t was no bar to the
proceedings because lit Is inadmlssible to
cay that the government must, In comivy.
yield to the State court To take such con-
troll rs wOnld cover even the existence of
the enterprise"
VIEWS OF JUDGE JENKINS.
Judge Jenkins. after reciting In his opin-
ion all the early history of the fair and the
legislation affecting it. took the ground
that the government had only q qualified
possession of the exposition, but said the
case did not hinge on that question. He
held that the Sunday closing condition was
not a question of creed or religious be-
lief. but matter OF scientific re-
in the week for rest. and that
this has been recognized by the
United States almost ever since their form
alton. He claimed that the resolution of
the directory TO pay back the money re-
ceived out of the souvenir appropriation
was no tender at all, and denied that the
State court had any right, whatever, to
take jurisdiction of the case brought for an
the fair on Sundays. He concluded by
recommending that the Injunction should
Issue.
Judge Grosscup said that the commits
eioners had jurisdiction over the ex hl bits.
the awarding OF prizes and they also had 8
right to modify. but not to make rules. In
his opinion. the commissioners had a sort of
suDervisional power over rules made by
the directors. He said he did not look
upon the S5.00o.0oo or any donation as q
rYf m n N IN ha Intt taA
States and the local corporation.
He said that If the commissioners
had charge of the exposition as
claimed. 1t was tho first instance w hich he
had ever known OF the donor making him.
self a donation. In his opinion the na-
tlonal government gave the money to the
exposition for the porpose OF protecting its
national honor. and that. in his opinion. 10
was contract made for the simple purpose
OF protecting It's national honor. BY the
act of March. 1888. the government decided
to seize a portion of the donation made to
the exposition and the act could be con.
strued only an unjustihable withhold
ing of the appropriation. BY its terms. the
corporation was under no obligation TO
carry ont its provisions The judge did
not believe that the corporation was to be
held 10 have accepted the contract by its
acceptance of the money. 1t did not know
of the construction which was put upon
the act and was not in q position to make
an election. The plea of estOppel could not
be maintained when the party who
brought the plea was responsible for the
acts that led up TO the making of the plea.
On these grounds he disagreed from the
conclusions of the other judges.
Before the court rose Attorney Walker,
addressing the Judges. said that the de-
fendent corporation desired to appeal from
the decree. He asked that the court ac-
cept o bond TO operate as q supersedeas.
the appeal TO be heard in the Appellate
Court. There was danger of q conflict of
jurisdiction between the State and federal
courts, and this was all the more reason
that an appeal should be granted. To.
morrow morning, at $50. was set as the
hour for hearing Mr.. Walker on his motion.
WHAT THE OFFICIALS SAY.
The following are expressions by officials
of the exposition after the decision became
known: President Higinbotham said: II
have Just heard of the decision, and would
prefer to say nothing until learn the ex-
act grounds on which the decision was
made"
There is nothing for me TO say" said
Director-ge general Davis, who was visibly
affected by the announcement. Certainly
we shall keep within the law. and if that
Is the law. the fair will be closed on sun
day. i have always been in favor of an
open Sunday. but did not base my opinion
on legal authority. Therefore. think 10
best not TO say anything about the de-
cision Mt present"
President Palmer. of the national com.
a. ssT "A .fs -