World's Columbian Exposition v. United States

• Decision Date: 26 July 1893
• Docket Number: 115.
• Citation: 56 F. 654
• Parties: WORLD'S COLUMBIAN EXPOSITION et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Seventh Circuit

56 F. 654

WORLD'S COLUMBIAN EXPOSITION et al. v. UNITED STATES.

No. 115.

United States Court of Appeals, Seventh Circuit.

July 26, 1893

Statement by FULLER, Circuit Justice:

This was a bill in equity, filed May 27, 1893, by the United States against the World's Columbian Exposition, a corporation organized and existing under and by virtue of the laws of the state of Illinois; H. N. Higinbotham, the president of that corporation; D. H. Burnham, director of works, and D. H. Burnham, lieutenant and chief officer of the Columbian Guards; Edmund Rice, commander of the Columbian Guards; George R. Davis, director general of the said World's Columbian Exposition, and Horace Tucker superintendent of admissions,--alleging that on April 25 1890, the congress of the United States had under consideration the propriety of holding at some place within the United States a celebration commemorative of the 400th anniversary of the discovery of America by Christopher Columbus, to be national and international in its character and to be participated in by not only the people of the United States and the western continent, but by the nations of the civilized world, and 'that said celebration should be fostered, encouraged, and controlled by the United States, and to that end should be sanctioned by the United States in their sovereign capacity, acting through the congress of the United States.' That various cities of the United States urged upon the congress the location therein of the celebration, and proposed to provide money for the erection of suitable buildings, and a suitable site or grounds therefor, which, upon completion, would be turned over to the United States, or to their lawfully constituted representatives, 'to have and hold for the uses and purposes aforesaid,' and that among them the city of Chicago applied to the congress, and proposed to furnish the site and money for the buildings, and thereupon 'to dedicate the same to the uses aforesaid, and deliver the possession and control thereof to the United States, or their lawfully constituted representatives, to be used for the purposes aforesaid.'

Complainants further represented that the congress, in consideration of the premises, on April 25, 1890, passed a certain act, which was set forth in full; and it was averred that the commissioners provided for in the act were duly appointed and the commission duly organized, and that large sums of money were appropriated by the congress 'for the purpose of establishing, supporting, and governing the said exposition, through the said commission, in the manner contemplated by the said act.' The bill then set up the organization of the defendant corporation under the laws of Illinois, its tender of a site and plans and specifications for the buildings, and its providing ten million dollars for the work, the acceptance by the government of the site and the plans and specifications, and the proclamation of the president as to the time and place of holding the exposition, and inviting foreign nations to take part therein. That the defendant corporation erected the buildings for the purposes of the exposition, and the United States and foreign nations and the several states erected a large number of buildings for the accommodation of their respective exhibits. That afterwards, and on October 12, 1892, the commission provided for the dedication of the buildings, 'and the said corporation then and there turned over to and delivered into the possession and control of the said commission, for the United States, the said site and the buildings thereon to be used by the said commission for the purposes of said exposition.' That on August 5, 1892, 'for the purpose of aiding in defraying the cost of completing the work of preparation for inaugurating the said exposition,' congress passed an act (given in substance) providing for the coinage of and payment to the defendant corporation of 5,000,000 Columbian half dollars upon estimates of 'vouchers for labor done, materials furnished, and services performed in prosecuting the work of preparing said exposition for opening,' etc.; the acceptance by the corporation of 'the appropriations provided for in said act;' the adoption of a rule or regulation by the corporation and the commission for keeping the gates closed on Sunday, which rule, it was charged, could not be changed or abrogated; the delivery to the corporation of 3,858,240 of the coins, in respect of which it was alleged by amendment that 600,000 were received by the defendant corporation March 20, and 500,240 April 20, 1893, 'with full knowledge on the part of the said corporation at the time of receiving the same as above set forth of the passage of the act of congress of March 3, 1893.'

It was further averred that the defendant corporation and the other defendants designed and intended to open the exposition and its gates on Sunday; that the board of directors had adopted a resolution to that effect; and that this would be done unless the defendants were restrained therefrom by order of court. The bill then proceeded:

'Your orators further aver that the said World's Columbian Exposition, corporation as aforesaid, and the said Harlow N. Higinbotham, D. H. Burnham, Col. Edmund Rice, George R. Davis, and Horace Tucker, are conspiring and confederating together, and are assuming to be in possession and control of the said exposition and grounds, and have usurped and are attempting to usurp an unlawful authority over the same, and assume to have the right to open and control the said gates and said grounds for the admission of the public thereto on the first day of the week, commonly called Sunday, during the continuance of the said exposition; and that, by reason of such unlawful claim and assumption, they claim an authority to open said gates and grounds to the public on the first day of the week, commonly called Sunday, by virtue of the said resolution and rule so passed by the board of directors of the said corporation as aforesaid, notwithstanding the fact that the said unlawful assumption, and the attempt and purpose as aforesaid, to open the said grounds and exposition on Sunday, are in direct contravention of the terms of the said act of congress, and notwithstanding that the said contemplated acts in opening the said gates as aforesaid are and will be, as your orators aver, of great injury and a grievous prejudice to the common public good and to the welfare of the people of the United States.'

In consideration whereof complainants prayed that the defendants might be enjoined from carrying out the last-mentioned rule and regulation of the corporation in that regard, and from opening the exposition and the grounds and gates thereof on Sunday, and be commanded to close the exposition and grounds and gates on that day.

The defendant corporation answered, admitting its incorporation under the laws of Illinois, and the passing of the act of congress of April 25, 1890, and averred that the general assembly of the state of Illinois passed an act in relation to the World's Columbian Exposition, August 5, 1890, which, among other things, authorized the South Park Commissioners to allow the use of the park under their control for the purposes of said exposition upon such terms and conditions as might be agreed upon between the said park commissioners and the authorities having the management of said exposition; that on September 19, 1890, the South Park Commissioners passed an ordinance, (which was given in full,) granting to the defendant corporation the legal right to enter upon and occupy Jackson Park and Midway Plaisance for the purposes of the exposition under certain covenants and restrictions; that after the acceptance of said ordinance said defendant tendered to said World's Columbian Commission said Jackson Park and Midway Plaisance as a site for said exposition, which said site was duly accepted, and thereupon the said commission fixed and determined the plan and scope of the exposition, as was their duty and right to do, and the defendant thereafter submitted plans and specifications of certain buildings to be erected on said site, and at its expense, for the purpose of installing such articles as might be offered for exhibition; that the plans and specifications so submitted embraced only the buildings in which exhibits were to be installed, and did not include any other buildings whatever that have since been erected in Jackson Park and Midway Plaisance; that the defendant had constructed all the buildings in accordance with said plans and specifications, at an aggregate cost, including the preparation of the site, of about fifteen millions of dollars; that there were about six hundred and fifty acres of ground, included in Jackson Park and Midway Plaisance, about one hundred and fifty acres of which were occupied by the buildings called for by the plans and specifications hereinbefore referred to; that the balance of said Jackson Park and Midway Plaisance was substantially all occupied by buildings constructed by foreign governments, and by legally constituted authorities of the several states and territories of the United States, and by a large number of corporations and individuals, under leases, privileges, and grants from this defendant. Defendant, further answering, said that under the act of congress of April 25, 1890, it had full authority to make rules and regulations governing rates of entrances, admission fees, etc., without any restriction whatever as to the hours or days when said exposition should be open to the public; nor was there any restriction whatever imposed upon said defendant by the laws of the state of Illinois or by the ordinance of the South Park Commissioners relative thereto.

The answer further...