New-York tribune., 1918-09-19
City Counsel Argues Newsdealer
Must Sell Euen Seditious Sheets

ouC tnerc is no authority Whatever IN
MN to revoke licenses, | mean in the
statute or in the ordinance; it may be
lnferable from his power to grant; and
there is a case where having granted it
and having revoked it, he was directed
to restore it. There is a case where
MS authority to revoke was not denied.
DuC the question was not raised; if
1T were. | do not think there would be
much question about it. The question
is before your honor.
is it possible that a Park Com
missioner, with no power under the
statute or under the ordinance to re-
woke license except what may be in
ferable-is it possible that a Park
Commissioner can revoke license ar
bltrarily on his own motion. without a
nearing. without consideration, with
out giving an opportunity to be heard
and for counsel to be present? I con-
tend that this action of the Commits
sioner is without hearing, is abso-
lutely arbitrary, is not just.
Asks About Restaurant Licenses
He has power to grant licenses for
restaurants; is he to prescribe the
menu? Is he to revoke the license be-
cause the restaurant man does not
keep corned beef and cabbage on his
menu every day? Is it possible?
lhere are 64 newspapers published in
TINS city every day; must he keep them
all? Is the Park Commissioner to de
termlne how many and what papers h..
shall keep? Must he take 100 copies
OF paper any time anybody pokes
them at him. and can the Commits
sloner OF Parks revoke his license be-
cause he does not do that?
"The Park Commissioner came to
williamson Hp tOOk ~ 1oOly a..
situation. He said: You are not sell
ing "Journals. - The man said NO.
ana | am not going to sell "Journals." >
lie did not ask why. The man told him
ne was ashamed to sell them. He did
not inquire the reasons why he was
ashamed; he did not serve notice on
nm to come to him and explain the
reas'yk and give him the facts; he did
not :; anything of the kind He simply
Wei! back to his Office and wrote ou,,
this letter of revocation.
No Rule Affects Selling
Now. the decisions are very strong
that this cannot be done. There is no
rule and regulation that a newsdealer
must sell Journals when his con-
science is afronted by it and his busi-
ness IS injured by it. There is no such
provision. There is no provision say
papers that are issued hcrc-you would
not believe it, but there are sixtv-four
oaliy papers in this city there is no
provision that he must sci! any mum
per OF them, and newsdealer must
nave the right to sell what his own
customers want And say that at this
'ime, during the war in which we are
engaged, he has a right to refuse to
sell one, II IN his judgment it is or has
oee,l disioyal agency, and if he has.
as he has in this case, good reason to
say So" ~
After quoting number of decisions
including one by the late Mayor Cav,
nor ror when judge, Mr.. Quigg asked
Tor the continued protection of the
court pending full trial of the casa
Mr. Carswell began his argument bv
admitting that there was no dispute
as to the basic facts in the case.
AS to the Mayor said he, "it is a
TACT that as matter of direct action
ne has no concern with this. He has.
and there is no question as to his right
tratlve heads, to carry out their Off
cla duties, which is all he saw fit to do,
and did do in this instance.
Inc Court was going to ask you
whether this was revocation bv tho
Mayor or by the Park Commissioner.
MI Carswell-"By the Park Com
missioner, and there is no pretence
but t1 there is Juggling in of the
The Court-"The letter that was
sent by the Acting Park Commission
er aid not sound like any act of his
at ALL
RevocabIe, Says Carswell
Williamson, he went on to saw. had
hcld license for many years, during
which time he sold all papers on an
equal basis. Under these conditions.
said Mr.. Carswell, the permit was re-
newod last January. These conditions.
Mr. Carswell said, continued until
August.
about that time he added. "Will-
hanson claims to have received or be-
come possessed of some form of added
patriotism that he did not have be-
tore. and which prevented his con
tinulng to sell the Hearst papers"
In consequence, Mr. Carswell de-
clared. Willamson's license was re-
Voked and later restored, with the un-
derstanding on the part of the Cor !
poration Counsel's office that he would
sell Hearst DaDers and tho noxt Jo,