New-York tribune., 1918-06-05
New York Decision Hold
ing Up Ordinance Barring
Papers To Be Appealed
Will Of People to
Prevail, Says Esser
Corporation Counsel Init
mates Way Can Be Found
to Make Ban Effective

MOUNT VERNON, June 4.-This citv
purposes to carry on its fight against
William Randolph Hearst despite the
TACT that Justice Giegerch, sitting In
new York City, to-day sustained the
Star Company's application for con-
nnuance of the injunction RESTRAINING
the Mayor and the Board of Aldermen
from enforcing the ordinance barring
lhe New York American" and "The
Evening Journal from entry here.
The two New York German dailies.
the "Staats-Zeitung" and the "New
Yorker Herold," co-plaintiffs with
Hearst against this community. are
similarly benefited.
"A lew minutes after word of Judge
Iiegerich's decision was flashed here
this morning, ]. Henry Esser, Corpora
'ion Counsel, who represented city off,
cials in the anti-Hearst litigation. made
known his determination to appeal
justice Giegerich's ruling to the Ap-
peiiate Division of the Supreme Court
Fight Will Continue
The appeal will be taken Thursday.
said Mr.. Esser, when it is expected
that Justice Giegcrichs signed order
VIII reach this city. Not moment, he
adoed, vii! be lost IN carrying Mount
vernon's differences with Hearst into
the higher court
ever, Mr.. Esser went even further l.b tban
tnls. lntimating that Mount Vernon
VIII md a way to deal with Hearst
IN spite of decisions and judgments,
he said: w. . '''0 ''''
"in the end it will matter very
httie whether the form in which this
ordnance was passed is declared valid
or Invalid. There is no doubt that
the ordinance represents the oft-ex-
pressed opinion of the people of this
community as of all American commu-
mites upon this subject
Neither constitutional limitations
nor Legislative restrictions will afford
permanent barrier to the recording
and enforcing of the will of our peo-
ple."
MIR. Esser's Statement
Mr.. Esser's full statement follows.
a have read Justice Giege rich's opin-
ION, and 1T has given me considerable
light, although | believe he is mistaken
In some of his conclusions. Neverthe-
less, 1T Is the opinion OF a learned and
able justice, and will appeal to the
members of the bar as a frank discus
sion of the subject in hand.
But we shall appeal from it. and I
am quite, hopeful of securing a rever-
sal by the Appellate Division of the
order which will be entered upon JUS
tlce Giegerich's decision.
mere are greater questions involved
IN our appeal than the validity of this
ordinance. In the end it will matter
very little whether the form in which
this ordinance was passed is declared
valid or invalid There is no donht
that the ordinance represents the oft
expressed opinion Of the people of this
community as of all American COM
munitles upon this subject.
Will of People to Rule
"That opinion will eventually become q
the law of the land in some form or
other, for it is of the very essence of
our government that the will Of tho
people shall be the supreme law.
Neither constitutional limitations nor
Legislative restrictions will afford a per
manent barrier to the recording and
enforcing of the will of our people.
ihe ATTEMPT to secure an injunction
IN New YORK County against the public
omcials of this city, which is located in
anotner county, strikes at the yerv
foundations of our judicial svstem
There is no doubt that the VALIDITY Of
TINS ordinance would have been tasted
oy the plaintiffs in habeas cornus
proceeding in Westchester County in
the regular way had it not been deemed
TO their advantage to drag Mount YER
mons public officials to New York
I'VE have no disrespect here for thu
administration of law in New YorI
county. but we have the greatest re-
spect for our Westchester Co,nt,,
courts and for our Supreme Court ms.
tices here. Such judges as our Mart;n
>. Keogh, Arthur S. Tompkins and !
Addison Young, with the others. have
already won high places in the esteem
OF . Sne legal profession of this state.
Division of the First De partme ant dac;de
whether the plaintiffs have sufficiently
ssated cause of action to permit them
70 drag our officials to New York County.
ior' unless such methods are stub.
oorniy contested there will be nothing
10 prevent our officials next be;nc
dragged to Buffalo and other distant
points in the state. Such an act would
not only interfere with our local gov
erhment, but would make a mockery of
our courts. "
Question of Police Power
IN the second place, we take the
position that this nation is a union Of
sovereign states, each in turn made nm
oi communities quite capable Of gov
crnng themselves. When it comes to
a matter relating to the police mower
vested in such communities. as this
question resolves itself into, we be-
heye that the greatest possible lati-
tude should be given to these com
mun'ties to decide these questions
They are not purely national questions
When the proper time comes for us
20 meet the constitutional attacks
upon this kind of ordinance I am con.
fdent that We can convince the courts
that these questions arc not exclusively
national in their character
There is no doubt that it would be
we'll il Congress could settle such
questions as these for the entire
country, but I understand that ono
reason that his has not been done is
because it has been recognized that
Congress has little or no power in the
premises"