New-York tribune., 1918-11-12
Judge Says Members OF
Publishers Body Must
Supply j. A. Sultan
Damage for Alleged
Boycott Is Asked
Vender Declares Patrons
Objected to Sale Of Un-
patriotic Papers

Justice Russell Benedict, in the Su-
preme Court, Brooklyn, yesterday
granted to Joseph A. Sultan a tenn
porary injunction restraining William
Randolph Hearst and his allies in the
Publishers Association, together with
the American News Company, from
carrying out their scheme to force
him to purchase Hearst papers by
making it impossible for him to OBJ
tain other New York papers, or by
other use of intimidation or force.
At the same time Justice Benedict
ordered Hearst and his allies to ap-
pear Friday and show cause why the
injunction should not be made perma-
nent, the several agreements COM
planned of by Sultan be declared null
and void and damages be assessed for
the injury claimed as done to Sultan's
business.
The defendants in the suit, brought
through Thomas Henry Keogh as
counsel for Mr.. Sultar, are the Star
Publishing Company, publisher of "rho
New York Americana; the Press Pub
fishing Company, publisher of the
morning and evening "W orld"; tie Sun
Printing and Publishing Association,
publisher of the morning and evening
"Sun"; the Mail and Express Company,
the New York Herald Company, the
New York Evening Post Company, the
Commercial Advertiser Association, the
New York Times Company. the German
Herold Publishing Company, the New
Yorker StaatsZeitung Company, the
Journal of Commerce and Commercial
Bulletin Company, Joseph eastman, as
fishers of "The Wall Street Journal";
the Evening Journal Association, Her
bert L. Bridgman, chairman of the
Publishers Association; Lincoln b.
Palmer, secretary of the Publishers
Association, and Samuel Blood, presi-
dent of the American News Company
Protests Were Unheeded
The motion for the temporary in
junction and order to show cause was
presented by Lemuel Ely Quigg, chief
counsel for the newsboys and news
dealers of greater New York. The suit
followed the refusal Of the Publishers
Association to consider the grievances
of the venders and to abstain from try
ing to force the venders to do Hearst's
will.
In his complaint Mr. Sultan charged
that the defendants, through the Pub
lishers' Association, control the dis
tribution, sale and price OF all of the
New York papers except The Tribune
and Brooklyn papers, having through
subsidiary, the Brooklyn News Com
pany, an almost complete monopoly OF
the distribution TO retailers of the New
York morning newspapers. while the
publishers of the evening papers sup
piled the retailers direct.
Until August 10, he says. he handled
all of the papers published by the de
PENDANTS, among them the Hearst
papers which he asserts printed ar
ticles in the interest of Germany after
the United States entered the war
At that time he ceased to sell foreign
language papers because of the gen
eral objection of his customers. This
objection resulted in reduced sale
of the Hearst papers, many customers
threatening to cease tarding with him
if he persisted in keeping them for sale
he says.
Because of the lessened demand
and the antagonism which said papers
aroused among plaintiffs customers >
says Sultan, Che said papers were no
longer profitable, not because there
was no profit III their sale but because
their exhibition in plaintiffs store re-
suited in a losssof customers who said
to plaintiff that they resented the ex-
hibition of those newspapers in store
patronized by them, declaring that
those papers were disloyal.
Returned Hearst Papers
TN Difference to the sentiments ex-
pressed by his customers against these
papers on account Of their disloyalty
plaintiff placed them in positions in
his store where they were least likely
to arouse antagonism anon, piaintiff's
no l,yJf tn%
tinued, and, August 10, 1918, plaintln
discontinued entirely carrying The
New York American and The New
York Evening Journal
For many months" ne continues
after the United States, of which
plaintiff is citizen, had declared wal
against Germany, the defendant. Sta,
Company, Inc, caused to be printed ir
its newspapers, The New York Ameri.
CEN and The New York Evening Jour
mall disloyal, seditious, pro-Germar
and antiAmerican articles tending tx
discourage enlistment in America, t.
discourage the enactment of the draf1
law and thereafter its enforcement
tending to give aid and comfort to the
enemy of plaintiffs country, tending
when plaintiffs country was alreadS
at war with Germany to preven
American troops and American nava
vessels to be sent to the scene of the
war, and tending to cmbroil plaintiff
country in perilous conflict with tht
Republic cf Mexico and the Empire o.
Japan"
Monopoly Is Charged
Proceeding, Sultan charges that tn,
defendants have almost complet,
monopoly Of the business Of printin.
and selling papers in New York, ant
that for the purpose of establishing
and maintaining this monopoly ant
preventing competition they raised tn
price of all papers TO sl.40 a hundred
Thereafter, he says, the demand 70
the Hearst papers decrea sed. and h.
and other Brooklyn deale,s, unable t.
dispose Of as many as previously
sought to discontinue their purchases
which orders the publishers of tn
Hearst papers refused to honor.
He further charges that all of tn
publishers named and the news com
panies conspired to compel all dealer
to carry Hearst papers in stock, thougl
many dealers were unwilling to do s.
snd many found them to be unprofit
able. By this alleged agreement an,
by other acts in furtherance of it, h
charges the defendants with maintain
ing and attempting to maintain a mo
nopoiy and that they are restricting
competition in the sale OF newspapers
are restricting the lawful business o
selling newspapers and are preventing
him from engaging in that business.
He further charges the several de
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