Omaha daily bee., 1881-08-15
A Judicial Decision Intimately
Concerning Newspaper
Publisher.

A judicial Decision Intimatel,
Concerning Newspaper
Publishers
National Associated Press.
KANSAS Cry, Mo-, August I3.-
Judge McCrary, in tho United State.
circuit court, has rendered a decision
| which intimately concerns all the news.
papers publishers and editors in the
United States, and is another evidence
of the tendency of the times to re.
sist the dictation of monopolies.
Several weeks ago The journal, a
morning paper published in this city,
wishing to increase its news service.
made arrangements to secure the Ma
tional Associated press report, which
is published in addition TO that of the
Kansas and Missouri press ~associa.
ton, of which the Journal iSamember.
1t is one of the rules of the Western
Associated press, of which the Kansas
and Missouri association receives its
news report, that no paper belonging
to the Western Associated press or
any association taking its news, shall
receive or publish the reports
of any other news association,
under penalty of being cut
off from the list. A similar rule
is enforced by the New York Asso-
ciated Press, and all tributary or sub
sidiary Associated Press combinations
i'll all parts of the country, with view
to maintaining a monopoly of the dis
tribution and sale Of news and to pre-
vent successful competition. When
The Journal began the publication of
the National Associated Press reports
D.. r. Anthony, of Leavenworth, in
his capacity as secretary of the Kan
sas and Missouri Associated Press, is
sued peremptory instructions to the
Western Union telegraph company to
discontinue the delivery of the report
to that paper. The Journal company
Immediately brought suit before
Judge Krekel, of the United States
district court, at Kansas City, to COM
pei the telegraph company to con-
tlnue the delivery OF the report de-
spite Anthony's orders. In the mean
time, however, the association held a
meeting, and repudiating Anthony's
action as an assumption of authority,
ordered the report restored
to The Journal, but took
steps towards the expulsion of The
Jourual from the association unless
the paper discontinued the publica-
ton of National Associated Press re.
ports. An effort was also made to
change the contract between the Kan
sas and Missouri association and the
Western Associated Press reports.
An effort was also made to change the
contract between the Kansas and Mis-
souri, association and the Western AS
ISOLATED Press from which latter orga-
nization the news came, so The journal
could be excluded from any right or
title to their report. This, if accom-
plished, would have shut The Journal
out andleft its owner without repedy.
The latter, howevey provTGTn III
toned tls United -sskcs col.ft ior n
new function to prevent any change
In the contract with the Western AS
ISOLATED Press, and to protect its
rights as a party to the existing con-
tract The case was argued before
Judge McCrary in the United States
district court at Keokuk, Iowa.
July 30th, and yesterday Judge
McCreary's decision was filed in the
clerks office for the district of Kansas.
Judge nj cCrearygranted the injunction
prayed for on both tho Kansas and
Missouri press association and the
Western Uuion telegraph company
although the telegraph company was
joined as a defendant. The appear
ance in court was only pro forma, and
the council made no opposition to
the granting of the proposed :%njunc-
zion. The especial Importance of the
ruling of Judge McCreary will be bet
ter seen when it is stated hat under
it any paper in Kansas and Missouri
association, the Western Associated
press and all their tributary a~ssocia.
tons is privileged to take Educational
Associated press report or that of any
news association it sees fit to
poy ioi d!d Iiic DtllitI tlluJ llbo pIC-
vented the development of newspaper
enterprise and fostcred the monopo-
hzation of intelligence is etfcctually
removed. The New York and West
ern associated press and their kindred
association have always heretofore
enforced this rule of exclu-
siyeness and have been enabled to
carry out their plans and prevent
competition, ! owing to the fact that
to the beginning of the present
year the National associated press had
no contract for the permanent trans
mission of its news, and was indeed
limited solely to the insufficient wire
facilities of the Atlantic d Pacific
company, Now hat with proper
and full transmission facilities its re-
ports a be generally circulated,
they have acquired a value and i'm
portance theyhadnot before possessed,
E.ence the strenuous efforts of the OPP
position to enforce their monopoly