The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-06-09
MUST CLOSE ON SUNDAY.
so Decide TWO Of the Three Judges WI
Hoard the Casa.

So Decide Two Of the Three Judges Who
Heard the Case.
CHICAGO. June S.-A majority Of the
United States circuit court to-day decided
that tho Worlds fair must close Sundays.
Judges Wood and Jenkins ordered that an
Injunction be issued restraining the officials
f,om opening tho gates of the fair grounds.
Judge Grosscup disssnted. recommending
that the injunction applied for BY the
United States district attorney be not
granted. Tho decisions of judges Wood
and jenkins. though reaehing the same
roint of view in the end. take action on
widely divsrginR grounds and the dissent
ing opinion differs radically from both.
The court room was crowded whom the
decision was read. Judge Woods read his
own opinion. In which he concluded that
jackson park was lawfully devoted TO expo-
has been in fact been turned over to the
control of the federal government BY the
local corporation. and that its sontrol was
therefore as absolute as its control OF a
federal building. He held that Sunday
closing rule. having once been passed by
tional commission, the former body could
not change II.
Regarding the case before Judge Stein,
of the state court. he held that it was NO
bar to the proceedings, because 1t IL inad-
missable to say that the government must.
in comity, yield to the state court.
Judge jenkins took the view that the
Sunday closing condition was not ques-
tion of ,sligioua belief. but matter of
scientific research, that man required ono
day TO rest. and that this has been recog-
nized by the United States ever since their
formation. Tho resolution Of the dirsc-
tory TO return the souvenir coins. he
al Anrd ut nn uA kkA
question did not hinge on the possession OF
the grounds by the federal governments.
and concluded by recommending that the
injunction issue.
Jukge Grosscup. In dissenting. held that
the com I'M iss.oners had Jurisdiction over
the exhibits and the awarding of prizes;
MISC tho right to modify. but not to make.
rules. He took exactly the opposite view
from Judge Woods in reference TO the
35, ,O0O, 900 npprop lated by congress, hold
ing il WAS mot in the nature of gift, but 4
contract between the United States and
the local corporation. He said: "If the
national commission has charge OF tho ex-
ever heard Of donor making himself .
donation. Tho governments, having broken
the contract BY withholding part OF this
npprop iation, therefore, the local organ
izntion is released from its eontract with
tine government" He therefore disagreed
from the conclusions of the judges.
Attorney Walker Immediately appealed
to the United States cou,t of appeals and
the question will be considsssd at $3.50 to-
morrow.
Director General Davis said: Certainly
We will keep within the Law. and il that 10
the law the fnir will be closed Sundnys."
Vica- President de Young, of the national
commission. said: ''The opinion is a SUI
prise to me. The national government
conld make NO law affecting Sabbath OBJ.
with the local di, ectoiy and then broke
it,"
Other members of the local directory and
the national commission declined TO talk.