The Superior times. [volume] (Superior, Wis.) 1870-1912, 1893-06-03
ORDERS A SUNDAY FAIR.
Injunction Issued by chicago Judge Against
Closing the Fair.

ihJunCJlOn ISSu60 Dy a GhlCdg0 Judge Against
Closing the Fair.
CHICAGO, Ill, May 29.-Judge Stein to-
day issued temporary injunction re-
strainlng the exposition directory from
closing the Worlds Fair on Sundays.
The decision was made in accordance
with the prayer of bill filed some
weeks ago by Charles W. ClingInan,
of Chicago, on behalf of him
self as a stockholder in the exposition
company and as a citizen. The pro-
ceedings were in the state courts and
were entirely distinct from the more
recent case in the federal courts to
which the United States government is
a party. Judge Stein held that Con-
gress had made no law compelling Sun
dav closing
When the judge appeared with the
role containing the decision the court
room was quite filed with those inter-
csted in the case. The Crier gave the
customary rap and short harrangue Grill
ing attention to the opening of the court,
and the judge began reading
his decision. He said the main
points on which to decide
this ease were the federal law
involved, its moral aspects. and the
state law. In going over the federal
law, Judge Stein found that in the act of
Congress creating the Exposition it was
expressly provided that no rule or reg
ulation conflicting with the state law
of Illinois should be enforced
Under this law the whole of
Jackson Park would be thrown open to
the public on all DAYS of the week
Later on, October u, 1902, the appro-
priation then made by Congress pro-
Vided for Sunday closing, The condi-
ton was accepted by the commissioners
and directors. This constituted legal
contract, and thus far well and good
the gates could be kept closed legally.
However" the court went on,
while it takes two To make a contract,
il takes two also to break it," He said
that while il had been shown that Con-
gress had withdrawn from its agree
mcnt by withholding part of the ap-
preparation. nothing to show that the
fair authorities had accepted the addi-
tional condition had been given in evil
dence This. he said, left the matter in
the hands of the fair authorities.
Touching the moral side on the ground
taken by the intervening petitioner,
Charles II. Howard, who asked for an
order for sunday closing, the court said
that it could not consistently grant the
petition asked Howard had taken the
position that this was Christian gov
ernment and that Christianity was part
of the law of the country. This ls
clearly not So" said the Court. "The
position is clearly untenable in a coun-
try of religious freedom" As to the
violation of the state law, it was held
that though the intervenor had held
that Sunday opening was conducive TO
disturbance of public peace, he had not
proven his charge.
The Judge then summed up by saying
that, seeing no valid reason, legal, moral
or otherwise, for not granting the tenn
porary injunction asked, he would enter
the restraining order Bond WAS fixed
at 5000. Judge Stein who rendered
the decision, has the distinction of be-
ing the first Hebrew elevated to the
bench in Chicago.
Immediately after reading Of the de-
cision, Attorney Edwin Walker gave
notice that the defendants would file
their answer i'll the course of ten days
after which arguments viii be heard
and final decision rendered later.