New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-29
was arraigned at Essex Market Court. inspector
Williams is investigating the matter
/ REMARKABLE NEVIS CONTRACT
JUDGE sIIELLABARGER's ARGUMENT IN BEHALF
OF THE UNITED PRESS.

JUDGE sHELLABARGER's ARGUMENT IN BEHALF
OF THE UNITED PRESS
Washington May 2S-The hearing OF the case or
the Western Associated Press against Inc "ash-
ington News and the United Press on an apphcd-
ton for an injunction TO restrain Ihe news from
receiving the United Press service was continued
before Judge Cox in the District Supreme Court ths
mounting Tx-Iudge Sheliabarger made a strong
,roscn,ation OF the case on behalf of the tniied
Press showing the importance or the principles IN
voveJ and the fact that the CONTRACT sought 10 Dc
enforced was in restraint Of trade ana IN Nioi@'ioi
Of public policy. ,,
exaggerate the Importance Of this case so Tar -
the nnb,ic was concerned and the grave questions
IF nuhllc pollcv presented. He called attention 10
one feature OF the contract entered into between tne
Western Associated Press and The Washington
News" which. he said. If not absolutely Vold' was
one OF the most remarkable in the history OF trade
as establishing direct and absolute monopoly ms
provision WAS follows:
..Said party Of the second part cine washington
NewsO covenants and agrees that II VIII not 'u'
nish before publication any news TO any person vi
CORPORATION engaged in the business OF correcting OF
transmitting news. except upon the written consent
Of the Board OF Directors OF the party OF the hrst
part CHE Western Associated Press)' ana tha' Il
will not furnish special or other news TO- OF re-
ceive news from. any person or corporation WHICH
shall have been declared by the Board OF directors
OF said party Of the first part aniagon'suc 10 sa'
party Of the first part after having received NOTICE
of such declaration. 49,, ,...h
II the Court. he said, would look at ne ien6 Sn
and depth and breadth Of that provision OF tae con
rac; it would be seen that one OF the Punne re-
na,s. Of Washington thereby bound not 10 re
ceIve from or furnish news TO any person or cor
p0raiiOn. anybody e'se IN TINS "oru. 40 $50 ~,
newspaper horizon. and any person or corpoia'oh
whom the Associated Press might choose 20 n e-
nolnce as 'aniagcnlstlc' was to be deDarIed lroIh
dealings with this newspaper. 1t gave 10 the 3sSo
cation the power - boycott the who'e worm -
simply declaring that any person or ever p pr
/ or corporation was "antagonistc ne "aS. .,
ton News" ne said. living up 10 us coh,I,ac'
with tn. complaining company In every particular
II was taking ifs service. though IL dli hot van
IL and was paying for It every dollar agreed 20 pay
lis only offence was that IL chose 10 supplelnvH !.
that service by that Of the United Press which II
preferred - , 49,, .,o,,.to, loi1 much
stress on the mutually OF the coparinershlp Nnen
| ne said existed between The Washington Ne"s
ana the Associated Press He contendel tnat II
| THE News continued TO have the opportunity OF
giving prominence to the news OF Tivai assocl h
lion. ana suppress!ng the neWs iuII.;S,i1 ~ senS
ont a daiiv SANDER through the press
O' 80 r;;x took the Dape-s and said that he would
! inform counsel when he would give MS decision