The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-08-07
FAIR INJUNCTION CASE
IS ARGUED IN COURT.
Contlnued From Page One.

reference with any other right. Is that II
is a public nuisance. The remedy lies with
the State. in the name of which the pres
ent suit was brought.
The Schweickardt case. he said. did not
apply to the present case. The privilege
granted to Schweickardt does not exclude
people from the park. He claimed that the
closing of the park was an injury to every
one He also claimed that the case quoted
by Mr.. Blair about the closing Of the alley
does not apply to the present case.
He claimed the plaintiffs have a right of
equity. To say that persons could be kept
out of the park for three years unless they
paid to enter should have no tolerance with
n chancellor.
BUILDINGS AND
DRAINAGE DISCUSSED.
He said that the buildings to he erected
are to be removed. He referred to the in
convenience which. he stated. would be oc-
casioned by the drainage from the Fair go
ing into the River des Peres.
He argued that the grant Is lease. and
should be submitted TO a vote of the people.
He claimed that 1t was not reasonable that
sl1 .COOO00 would be invested without any
protection other than a license. which could
he revoked at the will Of the city. The
Municipal Assembly has no power. he said.
to grant a license. IL can lease. but not
license.
Any proposition which excludes the peo-
pie from the park for a time Is unlawful
he said. The Exposition Company. ne
argued. Is not public in character. and not
subject to public control. When private
or public corporation takes charge OF n
park and closes IT. II Is violation OF the
Charter.
II the Municipal Assembly Is to regulate
the EXPOSITION, IL must do so and not dele
gate its power to some corporation. Forest
II, l., hall hx-f ha ei
people. TO be kept free and open for the
people Parks cannot be turned over to
stranger to be managed. The suit Ii a
proper one and the injunction should be
granted. he stated in conclusion
ATTORNEY BLAIR
SPEAKS IN REBUTTAL.
Mr. Blair devoted much Of his closing ad-
dress to refuting the arguments of Attor-
ney Krum. Authorities presented by Mr..
Krum. he stated. were not I'm point
The right to redress public wrongs. nc
said is vested in public officers and not in
private individuals IL the public officers
bctray their trust ard do not do their duty
there is no redress except by Impeachment
or other proceeding of that nature.
In granting the use of the park the city
officers knew the city could not make
lease and guarded agairst It, In Central
Park. New York. he stated. the public Is
excluded from certain buildings at certain
times tNlee<S Ou pay nicrt VI chsfdhtc
fee He cited a case in Buffalo. n. Y.
where a private individual attempted to in
terfere with Park Commissioners as to the
use of the park and the court held that
the Commissioners were the sole judges as
to the manner Of conducting the park. A
similar case occurred in Detroit. Mich.
He cited the case of the Missouri Park
in st. Louis. occupied by the Exposition
building.
The Supreme Court seemed to think he
said. that the Louisiana Exposition Com
pany Is a public corporation. for it gave IL
the power to condemn property. and the
Secretary CT State exempted it from the
payment Of a special tax levied on private
corporations. The United States considered
II public. for II appropriated S5.00.000 and
invited not only other States. but every
civilized country in the world to cooperate
with the enterprise. The State OF Missouri
in appropriating 81. .000.oo0 thought II public.
He called attention to the fact that the
plaintiffs invited all other citizens of st.
Louis TO join with them, and although ten
days have elapsed since the suit was filed
no one has accepted the invitation.
In conclusion. he said that in view Of the
and insignificant injury to the
paintiffs and the fact that fourteen States,
recognized the rights Of the defendant. he
believed that the great purposes of the Ex-
position should not be impeded This closed
the arguments
Judge Zachritz told the attorneys to sub
init . ~ Of their authorities, and zaid that
- wUun pass upon the caso nnxt Wo01nys