The New York herald., 1868-05-09
TEE NEW YORK ASSOCIATED PRESS IN CoUsr
FIRST DISTRICT COURT.
Before ID. Quinn, Justice.

Before ID. Quinn, Justice.
james Gordon Bennett us. The World Oonspanv~-
This is an action brought by the plaintiff, the pro
prietor Of the HERALD, against the defendant the
World Company, as a member Of the Associated
Press to recover the sum of $85 So, q balance
claimed to be due for one-third cost Of . certain
cable despatch transmitted by Mr.. Anderson,
the agent Of the plaintiff In London, to
the HERALD on the .2Sth of October, 1867.
The complaint alleges that the World Company Is q
member Of the Associated Press it having succeeded
70 the rights of James Watson Webb who was an
original member OF the association; and that by the
articles Of association is agreed that all Europea
and California news and election returns received by
special express or telegraph and obtained by any
member OF the association shall be the common
property Of all the members who may desire to It,
and that the expense shall be assessed In equal pro-
portions upon the members 50 using It. II further
alleges that all such news Is to be Immediately
handed to the agent Of the Associated Press to be
copied and delivered TO the several papers belonging
to the association In the same manner other tele
graphic news that on or about the 9th Of October
1857 the plaintiff received from his agent in London,
through the Atlantic cable, certain DESPATCH the
which sum Was paid by Che psmtins - agent &C in Lon.
aEn assA.D .e Hord I S and Ts and therefore Claims
that the defendant should pay onehrd OF the cost.
The answer sd@ts that defendant Is member Of the
toned In the plaint delivered TO the World and
published by It. but AYERS that the same was paid for
delivered until after the publication hour OF the
World ana too late for that day and that therefore
the defendant .was only liable 70 pay fog what It
used The answer further alleges that by the twen-
tyfth section Of the articles OF association 10 n pro-
ylded that In Of an honest difference Of opinion
among the members Of the association as 70 the
meaning Of any rule or article majority Of votes OF
the association shall decide what the meaning u,
ana this being done the minority shall acquiesce;
TO this matter, and the same was SUBJ
mt,ed ~ the decision Of the association ana decided
liable viii nst consider whether this matter came
within the meaning OF the twenty -nnh article Of the
association and II so, whether Il was submitted 70
vote therein provided and passed upon. The art-
them in my opinion, apply TO the matter In contro-
yides for the appointment OF an agent OF the $3.50.
cation and prescribes his duties. section II b as
lolows:-
All European and csnfornl. and all election rs.urns
member % The ..:Oei.on .As 5. hs soamoa properly %
sIpsn.s ssses.ss sPo. Ge nsmesI. VINO II equal
s ;:H ne :ss % % :ss Il ss. s :
Immediately hepded agent * associaon 70 Be-
ss 'ss
The only portion OF section % which can have any
bearing on the question Us the last clause, which y
provision sA.n 40. sypy to hqnss d,a.y.nos Of
@ % % ss ,s:. &.
% Ss :ssssaSq Ioq ,ss ss y
important body, whose business ts attended with
great expense must be construed Literally, with
created The whole must BE- taken and con.
strued together. Where the language Is plain
and free from ambiguity there u no room for an
natural and ordinary asnincstion. Section ii Il
not Ss nsou o q
Of these articles that the gcnerai and indefinite pro-
vision ss inserted In ths % last clause Of section =
matters matte o which tIis lad sscson eoss sppiy %
s1a s R .as mot S
Putnam one OF the editors Of the HERALD, examined
on the part Of the defence shows that this matter
and that no action WAS taken therein By them as a.
organized body Hence the defence has failed 70 es
tsblsn s's snss part o. q, the answer and think y s
who presented the bill 2. the World oics, and who
should ss'ssd ss .osSa sS% .nS md .s wse
tion. Nor u there any evidence showing
ne: .ss.p. as % ssS a ,sS .sS U% = s
ordinary dasis.: Issts isSs y .c@s claim icf .6i:
sent but there is no evidence 70 thss eiect Il VIII
be seen that by section Al the European or Caornis
news procured BY any member Of Che association be-
comes the common property u every member desir-
Ing 70 use " and only those who use y are liable 70
pay for u The same section tonfers the right
TO oS.f,n ,efnn. suoe psys upon any member q the
10 bc delivered p No the agent OF the association
and copied and dlstfibptcd In the same manner az
other telegraph news delivered. Section provides
for the eppQihtmcnt of such an agent and directs
.aa. ns dHsy shsu b: y receive ~ telesphis
10 each of the paries who W NAV hc entitled to