New-York tribune., 1919-01-30
Hylan (,riticises
Ruling in Hearst
New ssland Case
Cropscy Decision Tha, Deal
crs Cannot BE Compelled
to Sell Certain Papers
Evokcs Sharp Comment

Justice Cropsey flied decision in
the Supreme Court. in Brooklyn on
January 24 holding that newsdealers
possessing permits from the city 10
operate stands in public parks or ON
other city property cannot be com
pcllcd to sell Hearst newspapers
against the wishes Of their customers.
Mayor Hylan sent letter to William
t. Burr, Corporation Counsel, ycstcr-
day criticising this decision.
The decision was filed in the case OF
Johr Williamson, whose permit to
operate stands in Borough Hall Park
was revoked twice. His case was SC
lectcd to decide the rights Of all New
York ncWsdealers. ln both instances
the Supreme Court granted in unctlons
protecting Williamson from lntcrfcr-
ence. AS the permit which the jnjunc
tions were designed to protect expired
by limitation on December 81, the value
Of Justice Cropseys decision lay in
making clear the rights of owners of
all other similar neWSStandS.
Cropscy to Ignore Letter
Justice Cropscy, when asked if he
would make any comment on the letter,
laughed and said he would not pay amy
attention to it.
Corporation Counsel Burr SAID he
would make an 'cmphatic note of jus
ticc CronseV's decision, as suggested
by Mayor Hylan. The Mayors letter
to Mr. Burr follows:
81 note the disposition by Mr.. Jus
tice Cropsev Of the motion to continue
the temporary injunction against the
Park Commissioner restraining him
from acting upon the revocation of the
Williamson newsstand license, which,
it is alleged, is being operated in dero-
CATION Of the public interest and in
violation of the license granted.
II understand the motion was argued
and submitted to Justice Cropsey for
decision on September Is, 1918 The
temporary injunction was continued
pending his decision. Section 719 of
the Code of Civil Procedure expressly
requires that a Judge decide such mo-
tlon within twenty days after it is sub
mitted for decision
Delay in Decision Criticised
''Instead of rendering decision
within twenty days, as the act provides
justice Cropsey has attempted to de-
eide this motion more than four months
after it was submitted to him and di-
rected that the injunction continue
pending a trial.
Il understand the Williamson license
expired on December 81, 1918. and that
fact appeared in the complaint before
Justice Cropsey The temporary m
junction would also expire on Decem-
Der 81. 1918, and on January 13, 1918,
when the action was reached on the
calendar, Williamson, the moving party
IN the motion pending before Justice
CrOpSey, discontinued his action. there
by concedlng and consonting to the
lnvalldity of his claim i 1t Justice
Cropsey on January pa 1919, after the
license had expired and the Injunction
had died, and the suit was discontinued
gravely directs that the injunction con-
tlnuc.
Benedict Decision Cited
"a similar question was passed upon
by Justice Benedict on motion in an
other action which he decided within
twenty-four hours and decided that the
rights asserted against the Park Com
missioner were without warrant of law.
~ hope yoru Office Will make d sccord
o! Justice Cropsey's most nheNomenal
decision for future reference"
The decision of Justice Benedict up
held the right of Joseph A. Sultan. 24O
FlatbuSh Avenue. Brooklyn, to sell such
newspapers as he desires and denied
the right of William Randolph Hearst
and his allies, the Publishers Associa-
tlon and the American News Company.
to force upon Mr.. Sultan "The New
York American and "Thc Evening
Journal"