The Indianapolis journal., 1893-06-18
He Remands the Case to the Circuit Court,
Thus Preventing Final Decision by the
Supreme Justices Before the Fair Ends.
Attorney General 0lney Views the Rul-
ing through the Ey of Pessimist.
He Thinks Many Complications Will Arise
Bunker Hill and Other Celebrations at
Jackson Park-Large Attendance.
OPEN ON SUNDAYS.
Justice Fuller Deals a Blow to the Hopes OF
People Who Would Close the Fair.

Il
this morning overruled the decision of the
federal Circuit Court. which issued an in.
junction restraining the directors from
opening the worlds fair on Sunday. he
decided for the United States Court Of Ap-
pesls. and remanded the suit to the Circuit
Court. Justices Bum and Allen conourred
in the opinion. The decision means TO
certainty that the worlds fair W i'll be kept
open on Sundays. and settles the case for
all time. as an appeal would have to 60 to
the Supreme Court of the United States,
which does not meet until October, when
the fair will be ended. Every seat was
taken fully an hour before the time an
nounced the court would decide the case
and standing room was soon exhausted.
The crowd was SO dense that not one of the
many feminine sightseers in the corridors
succeeded in gaming entrance to she court
room. Chief Justice Fuller, in rendering
the decision, spoke as follows:
Deeming 1T desirable that this matter should
be disposed of at once we shall announce the
result at which we have arrived. postponins
for ant of time, the full expression OF our views.
which will hereafter be given. The appellees
have submitted motion to dismiss this appeal.
upon the grounds that the jurisdiction OF the
Circuit Court was in issue that the case involved
the construction or application oi the Constitu-
tutionslitv Of a law Of the United States was
drawn in question therein; that, therefore, the
appeal for final decree would be to the Su-
prems Court of the United States and not TO this
court, and hence this appeal, which is from
terl0cutOry order, cannot be maintained under
Section Of the judiciary act of March 3. 1891;
We do not understand that the power of the
Circuit Court 70 determine the case was denied,
but that the appellants contended that the
case properly cognizabie IN a court of equity;
the objection was to the want OF equity and not
the want & OF power dhe JurisdiGtion s OF the
within the intent OF meaning OF the law SO far as
the meaning OF the instruction OF application OF
the Constitution OF the United States and the
oonstitutonality of the laws of the United States
are concerned. We are OF the opinion that the
order We are called upon to review involved or
drew in question neither one nor the other In
the sense that the action or the Circuit Court
was invoked.
The disposal or proceedings OF the disposition
of the contention rests upon the ground as to
whether the decision had any reference to the
construction or application or the constitution,
the validity of acts OF Congress in respect of
that instance; and the conclusions upon which
the order was based were invoked at construc-
tions of that character The jurisdiction of this
stance of the appellees, because the constitu
tiOnality or the acts upon which they rely might
have been challenged by their adyersaries The
motion to dismiss is overruled.
The question TO be determined is whether upon
this circuit preliminary injunction should have
been granted. The bill pleads that the de-
PENDANTS are usurping unlawful authority over
the exposition and grounds, and i'll virtue
thereof assume TO open the gates on Sunday In
contravention OF the acts OF Congress. nOtwith-
standing ''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" 1t is not contended that any
property interests of the complainant will be in
Jured by the threatened action, nor is there any
allegation of irreparable injury or probable loss
by such action. But IL Is said that the lnterven-
tion OF the court may be rested upon the protec-
ton of the United States in its possession OF the
grounds OF the exposition, for the purpose or
protecting the United States in its possession.
The furnishing OF the five million souvenir
coins a condition upon the local corporation
by the United States. In addition to tho many
millions il had already contributed. the further
the government OF a satisfactory guaranty that
IL would provide all additional sums necessary
to May /, 1893, and was suject to two conditions
subsequent, namely. the payment by the cor
poratOn OF all expenses, costs and charges of the
great departments OF the exposition and the
closing OF the exposition on Sunday. In view of
the vast previous expenditure OF the corpora
On. tOn and the n extent rsn3 Of the O6iss
ties concerned and the nature of these
conditions and the conditions subsequently, We
do not think this proper case for the rule in
| question, nor can We concur in the proposition
that the appropriation of the $2,30oOOO
amounted to Il charitable trust upon certain
conditions warranted. The appropriation
| made for the purpose of aiding in defraying 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 prose-
| cution of that work. 1t was an appropriation
for the benefit of the local corporation to help it
out OF its financial difficulty and TO enable 1t 10
| complete It's undertaking. and. as such, does not
come under the accepted definition OF a charlta-
BILE gift for the beneft of an indefinite class of
persons.
60 far as the purpose of the appropriation
subsequently made Is concerned tnat purpose
| had to be accomplished before the money could
| be paid over. The court might interpOse the
United States in its possession, but it is the
local corporation chat is in actual
Il
''S gtste and u0f of the INC erdinnnce Of the 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 corporation. In that con-
| struction the corporation has invested sixteen
| millions OF dollars under circumstances that
preclude the view that the United States
| have exclusive administration and authority in
the premises: It is perfectly clear that Congress
| come responsible for the construction of any OF
the buildings except Its own, or
| appropriation. However, it was intended that
| the exposition should receive the sanction OF the
| government and IN that sense. remarked by
Chief Justice Waite. IN the Philadelphia case, be
| acter. OF course the government has a qualified
| possession, but we find nothing in this regard
| upon which 10 base an intervention OF q court
| OF equity on that ground.
We cannot now discuss the various questions
| necessary To be considered. but which will be
treated OF IN the opinion 10 be filed. Ii is suifi-
| cient 10 say that We cannot except this case
/ from the ordinary rule which requires TO the
exercise of jurisdiction in chancery some injury
| TO property. whether actual prospective:
| some invasion or property OF civil rights; some
| injury irreparable in its nature and which can
| not be redressed at law This Is not such a case
| and we hereby refuse the order, and the case is
| remanded for further proceedings lot inconslse
| ent with these conclusions
| Chief Justice Fulier's clear. positive voice
| was audible to the remotest hearer. It was
| with difficulty that cheers were repressed
| in the court room and there were outbursts
| of exuberant satisfaction by many before
| they had gotten without the hearing z
of the court Judges Bum and Allen gave
vent to no uttersnces whatever, concur
| ring in every point as spoken by the Chief
| Justice. The decision as given above is
the complete text as taken by a stenog-
| rapher.
The attempt on the part of the govern
ment to enforce Sunday closing. followed
| ct once the vote of the worlds fair direct
ors on Tuesday. May 23. who decided for a
seven-dsy fair. United States Attorney
| Miichrist was in Washington and conferred
| with Attorney general Olney. Re-
turning MIR. Milchrist filed a
bill for injunction. May -, the
suit being entitled the United States of
| America VS.. the Worlds Columbian Expo
sition. II. n. Higin botham. ID. III. Bnrn-
ham +. Rice. George Davis and Horace
Tucker. This Is the act on which the ap-
| peal was taken. Without action the suit
] went over Sunday until arguments could