New-York tribune., 1918-05-21
Counsel for German Pub
lications Join in Attack
on Ordinance
Town Wins First
Round in Court
Justice Giegerich Continues
Hearing on Motion for
Permanent Injunction

pTeme court JuSCloe Ile&eTlCH was
crowded yesterday morning when pro-
ceedings to stop the city officials OF
Mount Vernon from barring Hearst
newspapers and German-language dali
lies got under way. The aldermen of
Mount Vernon, who had passed the or
dinance, were there in body, ready to
defend their action on grounds OF pa
triotism and legal right. Mrs. Oliver
Cromwell Field, who has led the fight
against the German newspapers. and
other patriotic citizens of both Mount
Vernon and New York were on hand
to lend their moral support.
A formidable battery of attorneys
for Hearst and the German papers. who
had come into court confident of OBJ
tanning a permanent injunction with
pointed. After hearing their argu-
ments and those of Corporation Coun-
sci ]. Henry Esser, of Mount Vernon,
Justice Giegerich adjourned the pro-
ceedings until Friday, when briefs Will
be submitted by both sides.
Former Judge F. M. Scott, represent
ing the Star Publishing Company, pub
fishers of "The New York American"
and 1.-THE New York Evening Journal"
based his demands for an injunction on
the grounds that the ordinance was un-
constitutional on the face OF 1T, and
would do "incalculable damage to Mr..
Hearst's newspaper properties.
Justive Giegerich replied that Cor
poration Counsel Esser had raised
quite a number of technical points
which would have to be considered be-
fore a decision could be arrived at:
He then adjourned the hearing and
ended the oral testimony. The rest Of
the proceedings will be in writing
Justice Giegerich took cognizance OF
Mr.. Esser's objections to the effect that
law and did not need to resort to in
functions. Aside from it's legal as
pect, Mr.. Esser defended the action Of
the aldermen as called for by war;
time sentiment of the community and
the forerunner of similar steps all
over the country.
at will have to be decided soon, as
far as German language papers and
obnoxious papers in other languages
are concerned, just how far local op-
tion will obtain" said Mr.. Esser. The
principle of home rule is at stake.
"There is no doubt whatever that the
ordinance which the plaintiffs seek to
make void was wanted and had the en-
thusiastic support of the people of
Mount Vernon. 1t is becoming con-
viction in the American mind that
where anything associated with the en-
emy is concerned, at that point is a
battle front where Americans shall
line up.
at will not be questioned that the
resolution sprang from the fell ex-
city, given voice through their chosen
representatives. All down the pages
of history such actions have been
taken such precedents established, in
times of crises as these are. When
the people Of England felt that their
rights were threatened, they, too, took
an unprecedented step, and Magma
Charta was the result.
when, in our own struggle for in
dependence, we fought for the princi-
pie of mo taxation without represen-
tation,' we had the little episode Of
the Boston Tea Party. This action by
the aldermen of Mount Vernon, when it
comes up for review by the courts, may
of its peace time application, but
contend it is entirely within the law,
GAS for the question of constitu-
tionality, that should not be passed on
by this court. This is an action for
relief from the alleged injury, and
such relief may now be obtained in the
criminal courts of Mount Vernon, The
lawyers for the publishers state thew
will sustain irreparable injury if the
ordinance is allowed to be carried out.
but in their complaint they give no
facts setting up this injury
"If this ordinance is carried out it
will result merely in the arrest and
prosecution of newsdealers, who can be
bailed out, can start habeas corpus
proceedings and use other legal means
of redress. The fact of repeated ar
rests is not an invasion of property
rights, and for that reason no injunc-
ton should be granted, but your honor
should relegate these people to our
criminal courts, where they will have
the protection Of every right"
When Mr. Esser had finished his ar
gument and won an adjournment he
was warmly congratulated by the al
dermen and others in the courtroom,
VINO crowded about him. Mrs. Field,
VINO mad attended the meeting at which
the resolution was passed, shook his
nand and promised her cooperation in
Keeping up the fight.
1aage Scott was assisted in present.
ing the Hearst side of the case hv
henry M. Carpenter, while Alfred I.
Amend appeared for the "New Worker
Staats-Ieltung', and Louis Steckler for
the German Herold"
Snghting references to the officials
Oh Mount Vernon and sneers at the;r
pa.riotism were the weapons utilized
largely by the Hearst and German lon1
9uage paper attorneys The aldermon
VINO have voted to "stick hv ths;,,
guns" merely smiled when thev baara
themselves called "crack- Drained ~
wen meaning but misguided patriots y
ana were told they were trvin~ -
asurp powers given only to Coneress
In suppressing the Hearst papers ess
Former Judge Scott's attach ~ ~.
ordinance took for its basis +h. vi III .ns .
under state and Federal const;t,t;eSns =
tbsr. r~paess pre- views freely, and to put
s".m % gu! IN printed form. If there wa,
publications, he said. it was ois,ou' "a
tion for the Federal author;t;a. ques:
NY ~. we aldermen of Mount Vernon
., ne ssid that the law had alread,
Suppnec punishment for such
paoncations, but that it was altopethe, a,
uniair Tor newspaper to be condemnet
ana barred forever because of some
thing 1t may have published preyioms
ly. previous
This is an unwarranted and un;ust;
ned interference" said Mr.. Scott. "Th,
pupileation OF newspaper Is a rrea,
business Tor the purpose OF makins
money, and there is here a direct in
teriercnce with property rights in such
business. There appears to he ~.
question OF the total invalidity Of sucl
action. ~A e1s'