New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-12-28
News11lan Loses
Fight to Keep
Brooklyn Stand
Court Dissolvcs Injunction
Preventing Sale 70 Prvi-
legc Held by Williamson
Is Safe Only to Dec. 81
Decision Makes Possible
Monopoly of Business of
Selling Papers, Says Quigg

Justice Benedict yesterday in the
brooklyn Supreme Court dissolved the
temporary injunction obtained by John
Williamson, the ncwsdcalcr on whom
llearst's friends in the city admins
tration have centcrcd their attacks, to
prevent the sale of his stand at auc-
ton. Although application will be
made for permanent injunction to re-
strain oJhn N. Hartman, Brooklyn Park
Commissioner, from such interference
with Williamson's business, the dis
solving of the temporary injunction
may mean that Williamson will have to
Hall stand in Brooklyn.
Lomucl L. Quipp, counsel for Will
hanson and other ncwsdealcrs in the
attacks made upon them by the Hearst
interests, said last night that either
of two eventualities would permit
Williamso nto retain his stand pending
the final lewiston in court OF the cues
lions at issue. One was the granting by
made of him by Mr.. Quigg that Will
hanson be permitted to maintain his
stand until the case was settled on its
merits by the courts. TIE other was
that the Board Of Aldermen might pass
an ordinance prohibiting the sale of
newsstands by public letting.
protocfod ITu<;I noc ~
"Applicaticn already has been made
to Commissioner llarman," said Mr.
Qulgg, requesting him TO permit
Williamson to continue his stand until
the issue is decided in the courts. His
license expires December 81 and he is
protected until then by previous in
junction. see nothing that William
son can do now except through the
Board of Aldermen or the action of
Commissioner Harmon.
"The Board of Aldermen might pass
an ordinance forbidding the granting
of licenses by public letting. If these
little licenses to do business under
elevated stations and in subway sta
tons and in the parks and on the
streets are subject to public letting,
then corporation we'll equipped with
capital and to which the loss sus-
tanned by one stand can be Offset by
the gains of another, can put in bids
for every stand in New York and get
them all and make complete monop-
oily of the newsstand privilege to the
exclusion of the women and boys and
crlprlcs and poor people who now earn
their living from one or another of
these stands.
Chance for Monopoly
"Any person with money enough who
wants to make the newsstand privilege
his business, ohscttng the losses Of
one stand by the gains of another can
put in bids that will give to him under
the terms Of the letting complete
monopoly of the business"
In advertising Wiliamson's stand for
sale at public auction in "Thc City
Record" carly this month Commits
stipulations. One was that the Com
missioner reserves the right to desig-
nate and determine the leading news
papers which must be offered for sale
at the stands" and the other was that
bidders must make deposit OF 5000 as
evidence of good faith. That amount
is nearly ten times the previous rentals
OF the stands operated by John WILL
hanson and his father.
His application for a temporary in
junction was based upon Commissioner
Iarmans assumption CT the power to
designate what papors he must sell,
that being the issue in general upon
which the Park Commissioner has been
proceeding against Williamson since
last August, when he sought to revoke
the ncwsdeaier's license because of his
refusal 10 take copies Of "The Evening
Journal
The Courts Decision
Justice Benedict said in his decision
upon no sound principle Of law can
this court, in an action by taxpayer
regulate or control the action of the
Pick Commissioner in matters resting
within his discretion. AS | have some
times had occasion to point out, the
citizens and taxpayers of this city can
have such public servie as they desire
and choose, and, if the selection be UNI
wise and it should turn out that disap-
/ pointment supervcncs concerning Off
cial action, the remedy rests in the
ballot, and not in the court so long as
elected or appointed officials keep with
in the proper limit of their jurisdiction