New-York tribune., 1918-07-19
Supreme Court Just;c.
Young DissoIves Tenn.
porary Injunction
Residents Will Hold
Patriotic Celebration
Alderman Dawson Regard.
Decision as F Final Victory !,
Anti-DisloyaIists' Fight

- "oy W supreme Court
justice j. Addison Young dissolv;r,
temporary injunction granted the s..
Company. publisher OF "The New W.T.
American" and "The Evening Iourn.,y
leaves the municipal authorities ..
Mount Vernon free to enforce the Dax.
son ordinance prohibiting the sale bs,.
of either Hearst or German-langua..
newspa pers.
A delegation Of local newsdealer.
hearing of this, hurried to the off,.
Of Corporation Counsel Henry Essa-
this afternoon and sought to lear,
from him how much longer they wouJl
be allowed to deliver Hearst and Gov
man-language newspapers to thoss q.
their customers who had been takise
them.
Mr.. Esser told them ne hadn't re.
ceived any official word from New RI.
chelle of the decision of Justice Young
but that the minute the decision was
signed it would be a violation of the
language papers in Mount Vernon. He
told them he wasn't prepared to say
how soon the town would begin en-
forcing the ordinance.
To Make Ordinance Lawyer-Proof
1t was learned this afternoon, how.
ever, that the aldermen. after con-
ferring with Mr.. Esser, are prepared
to amend the Dawson ordinance within
the next few days in such manner
as to make it "Hearst-lawyer tight
Until this is done it is unlikely that
there will be any arrests for violations
of the Dawson ordinance Several Of
the dealers declared this afternoon
that they would cancel their orders for
Hearst and German language papers
without waiing for the police to com
pei them to stop.
1--WE can't afford to get ourselves ar
rested on loyalty issue declared the
oldest of them in front of the City
Hall. "The Hearst papers are nothing
in my life, and l don't propose to get
into trouble for them"
When the Dawson ordinance was first
passed the Star Publishing Company
William Randolph Hearstl secured
temporary injunction in an action CON-
menced in New York County, and this
injunction was continued pending the
trial by Justice Giegerich. Shortly
afterwaro an order was entered re-
moving the proceedings to Westchester
County on the ground that the action
should have been commenced in the
county where the City OF Mount Yer
non is located.
Esser Versus Hearst
Corporation Counsel Esser filed
demurrer attacking the validity OF the
complaint just as soon as the proceed
ings were transferred. Then the firm
of Scott, Gerard & Bowers, represent
ing the Hearst papers, served an
amended complaint. Esser, for the
city OF Mount Vernon, demurred to
this also. and at the same time MADE
a motion for judgment on the plead
ings. It was this motion that came on
last Friday at White Plains and which
was decided by him to-day.
In his opinion Justice Young said;
''In my opinion, this action Is NOT
maintainable. The well established
rule that equity will not interfere 70
prevent the enforcement Of the orlgl-
nal law applies to the facts OF TINS
case"
Justice Young then quoted nine pre-
vious decisions TO uphold his conten-
ton, and one of these, peculiarly
enough. was a case decided by justice
Geigerich, who granted the Hearst IN.
junction. This case was that OF the
Yorkville Amusement Company vs.
Bingham, 118 n. y. Supp. 1853.
Mount Vernon to Celebrate
All the municipal authorities and the
heads of Mount Nernon's patriotic OF
CARNATIONS expressed themselves en-
Enthusiastically this afternoon when they
learned that the high priced Hearst a..
torneys had been unable TO make the'I
INDUCTION stick" All heartily lndorsea
a plan proposed by Alderman Dawson
calling for a big patriotic mass meel.
ing to be held Monday night II the Ci'y
Council Chamber.
In announcing his plan for meet
ing of citizens, which IS by way OF Dc,
ing a celebration OF the clty's legS'
victory, Mr. Dawson said:
II interpret Judge Young 5 decision
as a complete vindication OF the s'anu
which the city officials have taken u.
this matter. The law. as submitted .!
the Corporation Counsel, has now Dee"
upheld by one of the leading Suprehs
Court justices of the state, and II oe.
cides that the officials Of Mount Vernon
shall have the right TO govern our d.
fairs without outside interference 1r0"
dlsloyai newspaper owners.
Will Drive Out Dislosal Papers
There is no doubt that the ordinance
which we have passed represents 'ne
patriotic sentiment of the people o.
this city No better evidence OF tnst /"
necessary than the movement TO elm
mate German from our public schools
which eliminated in final action by 'ns
Board of Education. 1t remains no"
for US TO accomplish what We unoe,
took to accomplish in passing .ns.
! ordinance to drive these newSpape.ss
out of Mount Vernon-and no stoh.
Will be left unturned TO accomplish 'hS'
end. :.
But believe it is up to our peopls
to take this matter into their o"I
hands as has been done in other co"
munities. | believe there should oe
concerted patriotic movement ahlvns ans
our people calculated TO hell, ptlns
about the purpose of this ordinanssu, .ss
To this end will cooperate with ~, u,
Mavor and other citizens IN calling o..
people out to a public meeting, Wnlss
viii be held on Monday evening IN ~,
/ Common Council Chamber IN oius.
that there may be public inooi' n
ment of the action Of the Aldermen
nass;no an ordinance which was eaicH
lated to bar newspapers printed in tas n