The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-11
CITY FAILS TO PUSH
EVENING POST SUIT
No Move to Follow Up Action
for S1G.92O, Despite
Early Victory.
POLk'S MIND.NOT MADE UP
Advertising Published in Two
especial Editions" Printed
on Sundays.

An examination Of the records OF the
County Clerks Office shows that although
the appellate Division OF the Supreme
Court decided against the Evening Post
on March IA. 1918. In the suit Of the
city OF New York. filed OF the request
of the late Mayor Gayror, to recover
Si6,920 paid to the Evening Post for
election advertising In the fall OF 1910,
no move has been made since that time
by the Corporation Counsers office to
bring the case to trial. No steps have
been taken in the case since the Evening
Post filed an amended answer on May 90
last.
w r. c. Mayer. the assistant Corpora
ton Counsel who conducted the case
successfully for the city up to the time
the Appellate Division decided that the
complaint was proper and directed the
Erening Post 10 answer, declined to dis
cuss the status of the case without au-
tnority from Corporation Counsel Polk.
and Mr.. Polk hasn't decided what will
bc done
The amended answer OF the Even,ng
Post disclpses a defence, said to be re
markable by those familiar with The suit.
newspaper to publish the list OF regis
tration and polling places on October =.
TO- IL. -. 10. Ii and II. and November
: and s. for which the city paid sl6.s2O.
In directing the Corporation Counsel
to bring suit. Mayor Gaynor said he was
informed that two of the dates men
toned fell on sunday, and that although
an issue Of the paper was published on
the two sundays to conform to the con-
tract II had no circulation. and no public
announcement was made by the Ercnin0
Post of the Sunday issues.
The amended answer OF the Evening
Post states that IL Published the adver-
Using for October g. the first sunday, on
Saturday. october =. under the direction
Of the Board of Elections and that IL "ex-
pressly called the attention Of the Board
of Elections" To the fact that u did not
publish on october Is, which was Sun
day. The answer Gays that the
board. acting within US authority and
with fun knowledge OF the facts. directed
IN. defendant TO print on that day "a
special edition and circulate the same as
far as possible"
The Ercuing Post says that complying
with such instruction IL printed "speca!
edition" on Sunday, October &c, and that
said special edition compared favorably
with other editions of daily papers printed
and circulated on the 10th day OF Oc-
for 1t q substantial circulation"
The Fusnino Post says that after the
notices had been printed IL fled its bill
for the advertising and attached to the
hill "A copy OF It's letter calling the att.n-
ton OF the Board Of Elections to the fact
that October Ii was sunday. on which It
didn't ordinarily print ard circulate Its
paper. II is stated that two auditors OF
the Department of Finance approved the
bill and the claim was paid, and the
answer concludes with the allegation tina,
the charge was the fair and reasonable
value OF the services
Concerning the EreninG POSTS defence
that its sunday special edition Com
pared fayorablv with other editions Of
daily papers printed and circulated" on
the day Ia question persons Nho claim 10
have seen a copy OF the special edition"
say that il contained the same reading
matter as tho saturday edition IN. day
before, with the exception OF few col
unns.
a lawyer familiar with the case com.
mented yesterday on the fact that the
HreHinO Post did not attach a copy OF its
sunday special edition" az an exhibit In
the case or give amy figures as to the
circulation OF the edition.
IF the Corporation Counsel Intends TO
prosecute an action I'm which the Ercrir0
Pos. has already paid several hundred
dollars costs he would ind II Of value 10
examine the publisher OF the Ep.nino
Post before trial to lind out more par
ticuiars about its special edition and
just how much circulation the publisher
rsards as substantial said the lawyer