New-York tribune., 1918-09-06
Newsdealers Win Their Fight
Against the Mayor and Hearst

property right, as has every other
rewsdealer who pays the city for his
license. The fact that on some Of
these licenses Though not on yours
the city has marked the words until
revoked or other words intended to
mean that the city reserves to itself
an arbitrary power of revocation, and
that newsdealers take these licenses
knowing that such words are on the
license paper, neither gives to the city
the right of arbitrary action or admits
anything whatever on the part of the
rewsdealer, except that he perceivcs
the city has marked words on the pa
per that have no legal effect.
You are advised that the city has
no power whatever, arbitrary or 9TH
erwlse, to revoke license which it
has granted for one year and for which
money has been paid to the city. The
utes is q power to the Board of Alder
men and the Park Board to establish
and enforce ordinances, rules and reg
ulatlons, and if any person violates
them he can be arrested and is guilty
OF mlsdemeanor and may be pun
shed by fine not exceeding $50 or
Imprisonment not exceeding thirty
days.
"No Park Commissioner nor the Com
missioner Of the Bureau of Licenses
has power to revoke license. He can
only manage and care for the places
ever which he has jurisdiction and in
stltutc and execute all measures for
the beneficial uses Of the people of the
city, subject to the general rules and
regulations.
"The unlawful act of Acting Com
missioner Muldoon is the only attempt
on the part of the city that has yet
been brought to my attention to revoke
a newsdealer's license at this time.
Il do not undertake to say that the
| Corporation Counsel agrees with the
views / have expressed to you, but
am ready to present them to the Su-
preme Court in behalf of any news
dealer whose license is ATTEMPTED to
be revoked during the period of the
agreement that the city has made with
| him.
Cites Hylan's Orders
Your refusal to sell Hearst news
| papers and the refusal Of others of
the clty's licensees to sell these papers
was the occasion of a letter written
by Mayor Hylan and addressed to the
Fark commissioners and the Commits
sioner of the Bureau of Licenses
which, often printed. need not quote
mere. 1t was this letter that caused
the unlawful conduct Of Mr. Muldoon
III Was nothing else than a direction to
those to take from you and other
newsdealers who would not sell Hearst
papers property right for which YOU
and they had paid. | advise YOU that
Mayor Hylan has no power in this
mater. 80 far as the law is con
cerhed, he Is as unrelated to the mat
ter as the man in the moon. The
power to grant licenses, to make rules
and regulations, is vested in the com
mlssloners, and the Mayors letter to
them was not only misuse of great
public position and authority to pro
mote MI. HearstS private business but
with respect to the commissioners if
was sheer impudence
Your license relates to a period
within which the United States is at
war. 1t does not call upon YOU tc
circulate disloyalty or to keep on your
stand any newspaper against which
there is widespread public protest c(1
the ground that it has been or is dis.
loyal.
Is Son of Real Patriot
ut appears that you are the grandson
of an American soldier who was killec
at Gettysberg and the brother of ar
American soldier who is now fighting
in France, and perhaps your feeling
about disloyalty is particularly keen
l advise you that if the appearance ot
any newspaper on your newsstand pro
vokes public disorder, if Your Gus.
toners take it from your stand anC
tear it up and throw it into the street:
II your customers day by day and ir
numbers protest to you that that paper
is dlsloyal and that they will not trade
with you If you continue to carry it O,
any such paper on your stand, there is
no rule or regulation of the city thai
compels you to do it and you are free
to refuse to take or sell that or an,
such paper.
Disloyalty Question Left Open
1T is not the question whether tha,
paper is presently disloyal, or, indeed
whether it ever was. You are not re
qulred to pass on this matter. You,
license does not require you to reac
every paper that is offered to YOU b,
the distributing companies, morninl
and night, to see whether it contain,
disloyal utterances before you plac,
II on Your stand. If its appearance,
dc ~