Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1893-06-30
AN OPEN SUNDAY FAIR
Chief Justice Fuller Says the
Congress Cannot Close It.
Ex- Postmaster General Wanamaker
Wants the Fair Closed on Sundays

fhief Justice Melville W. Fuller, OF the
sunreme Court of the United States, sitting
with Judges Bum and Allen as the oni.eu
States Court OF Appeals, delivered an oplnioh
reversing the decision OF the United o'a'eo
Circuit Court closing the Worlds Fair on
Sunday. The Court of Appeals dec ares 'na'
the United States government mas no eA0'"
siye right or authority in the controi Vi 'n'
Worlds Columbian Exposition 49,.
Chief Justice Fuller orally announced 'na''
IN view of the many questions involved, 'no
written opinions of himself ana assoc'a'o'
,rorld be deferred, and that, owing 10 the in-
'ortonce Of the interests at issue ana the
necessity for speedy deliverance irom 'H
bench. a general decision would De then anu
shore rendered. He first devoted MS a'''n'
49,, % tho contention of counsel for the gov
eminent that the Court OF Appeals had 10
,uris5iction in the premises, and, alter re-
.'.;o,,,;,,c the arguments at some length, de-
clared the motion to dismiss the appear o'ei-
ruled. A..
Gaming down to the main question the
conrt took the ground that the approprla!lon
of 40 200 600 in souvenir coins by tne Unitc"
states government could not possibly De on
strued as charity or as cnaritapiH DeduSe ssiet
1t was simply an Appropriation loi W. soy
once and benefit Of the local corporation 10.
the nurpose of completing WORK 'na.
ofracted the honor Of the United STATES. no
70 the right of the United States 10 posses.
si,n and control of the grounds the coei,
hold that the local corporation was ID law s1
anJ actual possessiOn. and that TINS lacs na'
been recognized by acts OF the natlon"i hat
lature. The court repudlatea Tue ius% lsSah,a or
the United States had any exclusive l,shid ed
authority in .he premises, ana concluuS,n a.
au.hV' i.L H. declaration that no tenable grounus
had heen shown for excepting the case unuo, n. -,
hearing ordinary rules governing cooi' "
bnrefore" concluded the CHIEF Justlcs'
"tbe order of the Circuit Court Is reVeIseu,
nd tho case is remanded for any iurtn1l
proceedings not inconsistent WIN 'ui'
ing." ~. chiot Justice had
bean listened to with silence tnal was o. 1.,
most nainful in its intensity, but alter ns
Conclusion there went up great cnecr Nh ~
tha crowd in attendance, which causeu .n'
Chief Justice to smile meanlngly at LIE aGeo
ci Tea The advocates OF SUNDAY cioslnt
we're considerably cast down over lnu ie"u,' ~.
! hut admitted inasmuch as the rui'nS S.,;,,, w~,
unanimous O-e, there was ~ .Lo-it,
hut TO meekly bow 10 the supreme au'n''"'
t of the United States judiciary. -,oor
Rev. L. Mclean, secretary OIL lns Aln1a,E~
, Sabbath Union. while somewhat dlsaPpv.'ni, y. -,
ed by the decision the court, was not "a az %, o.
7 discouraged as to the ultimate success Vi '"'
s sttennts TO close the Fair on Sundays.
. sSThis decision clears the way ior the pios
:. ecution of the suit begun in the uhIe'
u States Court here by John Wanainakel ro an'
y other stockholder, in the exposition 10 pr, pr.
vent vent Sunday opening. The point mas, mas 0ss' ,S
: made in this case just concluded tua. ~ ~
Worlds Fair directors were wllllpg 80, W
g tnnd TO the government the money oV.,.1S Sor ,S
y hnder the souvenir coin act in return loi ~. W
n privilege OF keeping open on e9nuay' ,ooL M
:, Wanamaker and the Worlds fali s.GeH .Io1
a holders associated with nim assert ln ,,I anSI
Z Hill that such return of this money wou. wl.
q canae them loss and impair ther proper.
,e ,nterests as part owners OF the exposure
I, This suit will now be pushed Vigorously .,r
e The WorId's Fair officials hardly naa tliii
70 congratulate themselves on the VicIory
le the United States Court OF Appeals DeIotD o.,o
d notice of a motion for another lnJuncuo
le was served upon %bem in the WanamaAe
q suit.