New-York tribune., 1918-06-25
Montclair Invokes
Wartime Law to
Bar Hearst Papers
Proposed Ordinance Based
on Idea That They May
Disturb Public Peace
Especial Dispatch to The Tribune)

firm In their conviction that the new
ordinance now pending before the local
council, would, if passed. result in bar
ring out Hearst papers.
They hold this view in spite of the
fact that the anti-Hearst ordinance
passed by the Mount Vernon, N. Y,
council was held up by court injunc-
ton.
The lawyers believe the Montclair
ordinance will defy court attack be-
cause this ordinance is drawn up
under different states law and be.
cause it approaches the matter in
an entirely different manner.
The Montclair ordinance does not
seek to prohibit Hearst newspapers be-
cause those papers are disloyal.
Under the Montclair ordinance Hearst's
publications would be excluded from
the city on the ground that they are
a menace to the peace of the COM
munity, for the reason that the COM
munity considers them to be dis
loyal.
The Montclair ordinance makes the
selling or distribution of Hearst's
"New York American" or journal"
within the city limits an offence
by fine. 1t was presented
at last weeks council meeting and
comes up for passage Thursday night.
Local lawyers fully expect Hearst
lawyers to make legal onslaught on
the ordinance the day it goes into
effect. but they predict it will sur
10 ~ ri,
the ordinance is authorized by a 1917
New Jersey law, passed as a wartime
measure, which gives New Jersey
towns broader home rule powers than
New York municipalities have.
Law Gives Wide Powers
This New Jersey law empowers muni-
clpalities to pass ordinances to pre-
serve the public peace during war time.
Montclair attorneys held to-day that,
IN order to make the ordinance stand
in court, the principal thing this town
would have to do would be to show
that the very presence of Hearst news
papers in the city was menace to
the public peace. The attorneys said it
would be very easy to prove that the
presence of Hearst papers in town had
caused disturbances. They would cite
the case of a New Jersey Judge, who
has two sons in France Montclair Of
hcials said to-day that when this Judge.
considered ordinarily a very conserva-
tive person; saw citizen reading
hearst newspaper in a streetcar, he
grabbed it from the mans hand and
tore it into bits.
Mayor Louis F. Dodd, who is lawyer
with New York Offices, approved the
ordinance before it was presented to
the council. Other Montclair attorneys.
who have faith in the ordinances legal.
ity, have volunteered to assist in its
defence in court.
Inc ordnance was drawn up by Town
Attorney Eugene W. Leake, who con-
celved the theory that Hearst papers
could be excluded as a menace to pub
nc order. Mr.. Leake said to-day he be-
lleved the ordinance would stand in
court for these reasons:
Many Disturbances Reported
"The Montclair city commissioners
have received from many citizens and
organizations protests against the sale
OF The New York American and
Journal within the Town of Montclair.
The attention of the commissioners has
been directed to the fact that dis
turbances, fires (from burning Hearst
newspapers) and disputes have arisen
In other cities of New Jersey as a
result OF the Offering for sale Of these
newspapers. The commissioners have
received information that in MANY in
stances these publications have even
readers. 0st'" u
1T was not necessary for the cor-
missioners to wait for a man tn COW
mt murder to pass an ordinance nro-
nlpltinR the carrying of firearms. Il
Is not necessary for the commission ia
await riot or fire caused by the sais
OF these newspapers in Montclair.
The state law and Montclair ord;.
nances both prohibit the CARRYING III
dangerous weapons which are liable ia
cause public disturbance or crime
BY the general municipal corporation
act Of 1917 it is believed that the town
OF Montclair is authorized to adopt any
ordinance which recognizes condition
or war and an inflamed public spirit
against Prussianism and adopt any
measure which in the judgment of the
Board Of Commissioners, in view of the
spirit of the town, is liable to cause
disturbance, conflict or destruction
from bonfres."
Text of Proposed Ordinance
This Is the proposed Montclair or
dinance In full:
AN ordinance prohibiting the sale
offering for sale and distributing OF
The New York American and The New
York Evening Journal and providing
the penalties therefor.
The Board Of Commissioners Of the
town of Montclair, in the County o1
Essex, do ordain as follows:
Section /. 1t shall be unlawful 70,
any person, firm or corporation to sell
offer for sale or distribute within the
limits Of the town of Montclair The
New York American and The New
York Evening Journal or either o1
them.
Section g The adoption of this or.
dlnance is deemed necessary and prope,
Tor the good government, order and
protection of persons and propertv
within the town of Montclair.
Section 8. Any person, firm or cor.
poration violating any of the provisions
OF this ordinance shall upon conviction
be fined $40 for the first offence and
$50 for each subsequent offence"
City officials and reserve militiamen
however, do not intend to wait for ,
city ordinance to keep Hearst papers
out OF the town. Mayor Louis F. Dodc
has called meeting of newsdealers foI
Tuesday night, at which the dealers
Will be asked to quit handling Hearst
newspapers Immediately.
Letter to Newsdealers
A call to this meeting, which was
written on the stationery Of the Mont.
clair Battalion, New Jersey Militia Re.
serve, was sent to each Of the local