New-York tribune., 1918-09-19
previously declared policy to sell none
BY BRIGGS

Suppose" asked the court, "there
was no demand for the papers at all;
was he to carry them ?"
II will come to that in q minute,"
SAID the lawyer, who proceeded to argue
that the case was one of law. He as
sumcd, he said, that the permit was
properly granted Such permits, he
Court Of Appeals had held to be re-
vOceble.
Reasonable Requirements
"The conditions that are imposed of
an equal break on all the papers are
reasonable requirements of the Park
Commiss ioner," said he.
WAS that imposed when he got his
license ?" asked the court
Mr. Carswell--"Y We say"--
The Court-"W Where was it? Read
it to me, will you?"
Mr. Carswell-"H Here is where we Lay
it is imposed. When man is gwen
a license to conduct a NEWSSTAND he is
not given d license to conducy ID stand
for 81 monopoly on single r.-per. Now,
when the Park Commission er is called
upon TO act and grant a Jarr,it for the
beneficial use Of all toc 2eople-t is
the public that is ts - booked to here
that is not being efectuated if he
grants q permit foe the exclusive use
of the public that reads The New York
Tribune, any IA re than If he granted
a permit for the exclusive beneficial
use of the people who read The New
York American
Ne must grant the permit for the
beneficial use of the buyers of all of
the great dailies."
The Court-"They may not have a
demand for one paper and would not
have TO carry it, of course"
Mr.. Carswell ell-"That is the reason
able attitude. If. for instance, no one
wanted to buy The Journal it would
be an unreasonable thing for the Park
Commissioner to say, You must carry
it, That | concede."
Show Demand, Says Court
The Court-"Now, then, suppose YOU
show the people want to read it,"
Mr.. Carswell lin our answering affi-
davits. which the other side have, it
appears that on the very day or period
when he suspended running his stand.
after he received this very severe at
tsr.:l of patriotism, and there were four
<3r five days intervening when the stand
was closed -
Mr.. Qugg of your honor please,
this is not a good time to sneer at
williamson"
The Court him sneer all he
likes. 1t will not hurt me any I do
not pay any attention to it. | assume
we are having a legal argument"
Mr.. Quigg -"Yes. sir. that is the
reason | object to it,"
The Courts Sometimes it is dis
guised"
"How About Cigars." Courts Query
Proceeding, the Assistant Corpora
tlon Counsel declared that in days
Willlamson's stand was closed he sold
sixty Journals from his arm. This,
he submitted. was an answer to the
claim that Williamson was inspired
by patriotic motives.
The Court you grant a license,
90 you. Mr. Corporation Counsel for
people to sell cigars in your parks?"
MIR. Carswell Yes"
The Court .'Supposing they do
rot sell a certain kind of cigar, must
it be revokod?'
Mr.. Carswell- THAT brings it down.
as I have said before, to the question
of whether or not the Park Commits
sioner is being reasonable For in
stance, if he said, You sell such and
such cigar, and the man could not
possibly sell it'
The Court he did not sell all
the brands? ?"
WI. NdrSWell nat Is 1t; he might
rot sell all the brands"
The Court-"All that he can carry ?"
Mr.. Carswell IF he makes a rea-
sonable effort to meet the public de-
mand, that is all that anybody has
reasonable right to ask"
The Court-"Supposing his claim is
TRUTHFUL thai the exhibition of these
Papers on his stands creates disorder?"
Must Sell Hun Papers, Says Carswell
Mr.. Carswell-"As sumng that that
was so, then we would have right
to call upon the police to maintain or
derly conditions"
The Court-"Will you send a police
man there and keep him there all the
time. a 81 500 policeman all the time.
twentyfour hours day?"
Mr.. Carswell-I should think that
as a matter of fact the question would
arise for the Park Commissioner to saw
whether or not it was reasonable toI
insist upon the continued selling of
those papnrs."
The Court You say the licensee
has no choice; he has got to carry
everything that is printcd?"
Mr.. Carswell-"No. | do not saw anv-
thing of the kind"
The Court Any reasonable amount
that the public wants 90
Mr. Carswell-"That is it. You start
off with the proposition that he is to
serve the public convenience"
The Court-"Then you would have