New-York tribune., 1918-06-14
Esser Obtains Consent for
Change of Venue to
Westchester
Demurrer Will Be
Heard in 10 Days
Decision Will Determine if
Publisher Is Justified in
Holding Up Ordinance
Especial Dispatch to The Tribune

Especial Dispatch to The Trtbune)
MOUNT VERNON. N. y, June 13.-
All future proceedings in the litigation
between William Randolph Hearst and
the officials of this city, who passed an
ordinance barring "The New York Am
evican" and Evening Journal" from
sale and circulation here, will be
fought out in the courts of Westches-
ter county.
This became known to-day when J.
Henry Esser, corporation counsel, who
has represented local officials in their
legal fight with Hearst, announced he
had presented an order to the Supreme
Court for signature, changing the
venue of the action from New York
20 Westchester county. This is hailed
as an important development in the
Hearst fight by city officials, who have
maintained since the day Hearst
started his injunction proceedings
against Mount Vernon that they wanted
- settle their differences with the
publisher in their own county courts.
HcariNg Aithin Ten Days
he ordcr, Nv F.sscr added, was
hssed on the consent of Scott, Gerard
agreed that he was entitled TO carry
MS tigns into Westchester county under
The Law. Mr. Esser served his demand
for a change of venue, together with a
formal demurrer 10 the Hearst COM
Paint Gu lunc t. Counse for Hearst
agrced 10 thc change few days later,
.ar. Esscr said.
The demurrer again raises The CUES
ion OF whether Hearst was justified
- irstituting his injunction proceed
ags restraining the city officials here
lars his sheets. MIR. Esser said to-day
hat the hearing on the demurrer
y ouid come up i'll Westchester County
sithin the next ten days.
This, he said, will have all the ef-
fects of an appeal from Justice Griege-
rich's decision granting a continuance
of the injunction against Mount Yer
Don officials. which could not be heard
in New York County until next fall.
.%ctices Of appeal were served, how
cvar, in New York City to-day and will
be heard aside from the demurrer pro-
ceedings when the Appellate Division
of the Supreme Court reconvenes in
sAe fall.
Esser Explains Action
mould the Westchester courts up
lid Mr.. Esser's demurrer, the Hearst
Injunction fails through, he said and
the city officials will be free to en-
force their ordinance. A statement by
Mr.. Esser reads:
My demand for a change of venue
really gets to the very basis of my
opposition 10 the application for
temporary injunction before Judge
Giegerich because | there argued that
the only reason an injunction action
had been instituted against our Off
Gals was because the Hearst news.
papers wanted to drag us to New York
County. which they could not have
ordinance in the regular way by habaes
corpus. Habeas corpus proceedings
would have had to be conducted in the
Supreme Court OF Westchcster County
I contended before Judge Giegerich
and still claim that there is no cause
of action for an injunction either in
New York County or anywhere else
and that this irregular method of
seeking to prevent an enforcement of
our ordinance, which was passed in
accordance to the sentiment Of our
people. was referred to as q subter-
fuge to get us away from the courts Of
this county.
"The same questions which were
presented before Judge Giegerich will
within the next ten days be submitted
to Westchester County Judge for de-
cision, for l have served q demurrer
to the complaint based upon the
ground that it does not state a cause
of action, and consequently that our
officials were unjustly and improperly
dragged into this proceeding. The ar
gument in the Westechester County Su-
preme Court will be upon the demurrer
to the complaint, where all other issues
will be eliminated except the single
question OF whether or not these plain
TINS are properly in court of equity.
Appeal Also to Be Heard
"There will also be review of .Jndoe
Ciegerich's decision in the Appellate
Division of the Supreme Court of New
York County. for we have filed a notice
OF appeal from that order, but this
cannot be brought to argument until
next fall. as the Appellate Division of
the Supreme Court will be closed dur
ing the summer months.
Il have entertained a suspicion right
along that the attorneys for the Star
company have been resting quite easily
9 assumption tnat Judge Gle
&erlch's decision cannot be reviewed
for the next three months at least. hut
We will have decision in Westche stor
County within ten days, which will be
nased upon all Of the points before
Judge Ciegerich. Needless to saw. II
our demurrer Is sustained by a West.
chester County judge the Injunction
granted by Judge Giegerich will fall
70 the ground and our city officials will
then be placed in position where they
VIII DC free to determine the question