Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-09
CLOSING THE FAIR SUNDAY.
Some of the Reasons Given bv Judges Jen-
kins and Grosscup.

Some of the Reasons Given bv Judges Jen-
kins and Grosscup.
Judge jenkins, in his decision on the Sunday
/ closing of the fair yesterday. after reviewing
the history of the Columbian exposition and the
relations existing between the United States gov
ernmentand the exposition corporation, and the
relations of both to the enterprise said: at was
/ found that the scheme had outgrown the finan-
cial ability of the local corporation. Congress
was asked for aid. Congress passed law Civ
ing 81, 500, 900 to the exposition. Section 4 Of
that act declares that this appropriation is made
on condition that the fair shall be closed on
Sunday and that if the gift should be accepted
the acceptance should be considered as an agree
ment to the conditions. 1t is said that this
legislation by Congress was without the power
Of Congress in that it seeks to estab-
ish n religious test. 1 cannot 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 test or the compulsion of
the observance of n particular religious belief
or service; the day Of rest is needfui for hui
manity to recover from the strain of six days
labor This is founded on humanity, and is ius-
timed outside or any question OF creed or of re-
Egion. The laws of tie state bearing on This
point provide for rest and for uon-interruption
of religious services 1t Is not compulsory on
any one to go to church. but it provides peace
Tor those who wish to so to church.
ANY person has u right to annex to a gift
any condition that is not illegal or immoral
The appropriation by Congress Of money to
the exposition can be rightfully construed as
charitable requests. and it is clear that to such
requests there can be attached conditions
which the courts must enforce. The local cor
poration accepted the money and passed a rule
closing the fair on Sunday. 1t has received a
large sum OF money as a conditional gift. and
the conditions must be observed BY the donee
and a court OF chancery. on proper presenta-
ton, must see to 1t that the conditions laid
down are enforced. In retaining the $500 900
or more out of the 81. 500, 900 the United States
did no more tnan it had a right to do, because
the national honor is involved.
The resolution to open the fair on SUNDAY
was not legally passed. The corporation can
not change rules once adopted by the commits
sion soon rs the commission q back is turned.
! to the state court which has passed on this
case will say that the United States was not a
party in that court. / think that there can be
question but that the United States has a
right to use courts Of its own jurisdiction to
| ndjudicate matters pertaining to governmental
affairs. In my opinion the injunction asked
for should issue"
THE DISSENTING OPINION.
Judge Grosscup delivered the dissenting
opinion He concurred. he said. In the opinion
of Judges jenkins and Woods that the power to
modify rules Of the local corporation was given
to the commission to protect the national
honor. He eoncurred in the opinion that the
exposition national in its character But
it is a CHARACTERISTIC of American thought that
such things should be done by the people with
the aid Of the government. II the power to
close the grounds is assumed for the govern
ment il must be found in with partnership or
contract. Congress had voted 81, 500, 900 to
the fair and made it condition of the gift
that the fair should be closed on Sunday. 1t is
immaterlal whether this was q contract a
donation. The corporation accepted the gift
and the conditions and passed rule closing
| the fair on Sundays. Then the government
withheld 100000 of the 5000, 900 coins it had
| agreed 10 give the corporation. Who knows
| that the corporation would have accepted the
gift and surrendered its views on Sunday clos
! ing If it had known that part Of the appropria-
! ton was to be withheld?
| This law passed by Congress after the
acceptance of the former conditional gift. It
was new condition imposed without the con-
sent of the other party. The construction
placed on this act by the law officers Of the gov
eminent attributes to Congress purility OF
| purpose. The national commission was in
/ trusted with the task of providing Jurors Of
award, and this was as clearly portion Of its
duties anything else that it had done and the
expense should be borne by the commission. as
was the cost Of classifying the exhibits This
expense should not be saddled on the local cor
poraticn by Congress- Congress has no power
10 create Indebtedness for the local corporation
and the act of March 8. 1898, was unjustifiabie
The government has broken faith with the
corporation. and no court of equity could Insist
on the corporation observing the hard condi-
tions imposed by the government. The gov
eminent has no more rights than private indi-
vidual, and whether contractor or donor it
should be compelled to live up to Its promises.
When Congress withheld the LILO, 900 souvenir
coins the situation changed. The previous act
was as if it were not. The Sunday closing
question ia of no more Importance to the local
corporation than to the people of the United
States. l ana of the opinion that the injunctions
should not issue
THE APPEAL
Edwin Walker. counsel for the worlds fair
directory, addressed the court and prayed an
appeal to the appellate court. which. he said,
is in session. The matter could be def nitely
decided in few days. He asked also that the
court fix bond which would act as a super.
sedeas.
He said the gravity Of the situation was in
creased by the decision of the state court on
this same question being opposed to the
decision OF the federal court There was
danger of an unpleasant conflict of authority
between the courts.
He suggested that it could be arranged to
have the case from the state court taken to the
state appellate courts and that both appellate
courts might by their action definitely settle
the matter.
District Attorney 1Iilchrist said he would ask
that the order Of injunction prayed for by the
government be issued.
Judge Woods finally said the court would an
nounce its decision on the subject of the appeal
and supersedeas at $50 today.