New-York tribune., 1918-08-23
Lawyer Warns Law Must
Be Obeyed in Spite of
Mayors Order
Action Follows
Revoking of Permit
Sellers Of Newspapers and
Counsel to Map Out Cam
paign This Noon

The city administration started yes
terday to carry out its threat of revok-
ing the permits of newsdealers who
refuse to sell "all the papers," Will
lam H. Muldoon, Acting Park Commits
sioner of Brooklyn, revoked the permit
of John Williamson. a Borough Hall
dealer. who, Mr.. Muldoon was in
formed, had refused to accept copies
of the "Evening Journal
Warned by John F. Gilchrist, Com
missioner of Licenses, that they were
mot serving the public in refusing to
handle "all the papers, the newsdeal-
ers retained Lemuel E. Quigg as coun-
sel to fight in the courts for their right
t. accept for sale only papers whose
prices were in accordance with the
needs of the newsdealers and were
loyal American publications.
Mr. Qugg declared that public
officials are not authorized to do friend
ly things for friendly interests" and
wrote to Commissioner Gilchrist, in
forming him that his duty was to obey
the law before rendering obedience to
the Mayor; that none of his clients
had refused to sell "the daily papers
published in this city" and that injury
to his clients at the hands of Mr.. Gill
christ would result in such action as
the law permitted him to take.
Quiggs Advice to Dealers
81 am employed by number of
newsdealers' associations" Mr.. Quigg
explained, many of them incor-
porated under the laws of the state,
and also by number of newsdealers
individually, who have been threat
ened by aolicemen that their licenses
will be taken from them unless at a
particular time tomorrow they offer
for sale on their stands any and
every newspaper that may be pub
lIshed in this city.
Il have told them their licenses
cannot De revoked on any such
ground. The law establishing Com
missioner of Licenses and authoriz-
ing him to issue instruments that
protect citizens in the use of public
places for the public purpose does
not mean that they must render a
service that is to their loss. Nor
does it mean that license can be re-
voked upon the caprice Of the public
official, nor in order to promote the
particular business of any particular
person.
Il do not Shink that the very great
discretion given to the Commissioner
OF Licenses to grant and revoke H.
censes can be used to revoke license
once granted in order to compel the
icensee 70 enter into particular
Iorm OF contract with third party.
ne controversy in which my clients
are involved is primarily between
tnem and the Hearst newspapers. If
the Mayors view is correct as it has
S oesn indicated in his letter to the
Commissioner of Licenses and the
Park Commissioner, there is still no
reason why my clients shall not
elnarge anything they please for any
thing they CELL.
Questions Mayors Authority
do not think the Mayor has any
authority whatever over the Com
missioner of Licenses except to ap-
point him and remove him. Func-
,ions that formerly were IN the
mayor and in the Mayors Bureau
OF Licenses and otherwise dstrib-
used are now in the Commissioner
o. Licenses, and he must perform
MS duty under the law. II is no
more his business TO comply with the
aayor's wishes than with mine or
with those Of any other citizen. That
Appiies also to the Police Depart
ment. whose officers, ] am informed,
are threatening my clients.
The Police Commissioner aud the
Commissioner Of Licenses and the
rark Commissioner may be more
AFRAID OF the Mayor than they are
~ any other citizen. Each must do
ny mig dnty according to the Law, and
n,here ne steps outside the law to
me injury Of another citizen | think
ne " personaIly responsible and may
not hide himself in the shadow Of the
Mayor. Wv
for this reason | have Addressed
:" me Iommisgioncr Of Licenses the
ioii"winE letters and one similar in
1nunstancc 10 the Commissioner Of
..arks. Public officials are not au-
tthorized 10 do friendly things for
..s,ehaiy interests, and if they do such
M'hgs TO the injury of other per
L0ufio,lD<y m, INIT a,uu>