New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-03
THE ~. p" WINS ITS CASE.
JUDGE cox DENIES THE APPLICATION
FOR IN INJUNCTION.
THE SUIT OF THE ASSOCIATED PRESS AGAINST
THE WASHINGTON NEWS AND THE UNITED
ED AGAINST THE FORMER.

THE SUIT OF THE ASSOCIATED PRESS AGAINST
THE WASHINGTON NEWS AND THE UNITED
PRESS DECIDED AGAINST THE FORMER.
Washington, June I'm the Supreme Court OF the
District OF Columbia. sitting in equity this morn
ing. Judge Cox rendered sweeping decision in the
OF the Western Associated Press. suing as the
Associated Press asainst The Washington News'
and the United Press This application for
injunction TO restrain THE News" from receiving
and the United Press from furnishing the news OF
the latter association and to enforce contract pro-
hlbitlng The News from receiving news from or
furnishing /; to any person corporation declared
by the Western Associated Press to be antagonistic
10 Its interests
On every material point the Judge decided agains,
the complainant and in favor of the defendants
lie, however intimated intention to grant that
part Of the prayer which asked that THE News' be
prohibited from furnishing the United Press It's
advance proofs TO this part of the petition the
United Press had filed DISCLAIMER. saying that 1t
neither sought desired these proofs could II
make any OF them. but the Judge decided that
this matter had been brought to his attention 100
ate for his consideration At the request of coun-
sci for The News" he agreed 70 hold even this
matter open until Monday next. On all other points
his decision was emphatically against the Western
Associated Press and lis contracts holding that It's
only remedy under its bylaws to discontinue It's
service II 1t was aggrieved.
There was an intensely interested group of spec
tators in court including the propretors and man
ayers OF a number OF newspapers published IN other
cities, who awaited the rendering OF the decision
Judge Coxs opinion fully sustained the estimation
in which he has been held for many years by the
Bar OF Washington as one Of the a3les; jurists on
the bench His n opinion n R her S %Ss no
partnership established in any sense between the
e no control a Of one party over the
Of the other party. In fact they were al arm :
length Each agreed to render TO the other certain
services. There were no relations between ths par
ties which imposed upon The Washington news
as II Continued to pay the price which was s,lpu-
lated for the plaintiffs news. And am not able
receiving the service Of the United Press. do not
see that the arrangement entered into by The
any division of business. 1t simply employs add-
tlonal service There are ways IN when can per per
somewhat by this alleged breach OF contract. But
would not be ground upon when they coui1 ~, asN
again If the news furnished to The Washington
News by the Associated Press has proved 70 oe m
the United Press that IS not an injury that can be
remeded by Injunction because by admitting nat
the plaintiff would confess Itself Inferior ana WIN,
OUT merit So then. DO not see that the PHI itseIi
shows such danger of injury by this breach OF con-
tract that the Court should be called upon 10 gram
Injunction. There is no reason why II should
The plaintiff has the remedy erD In It's oTn ZION og the
Supreme Court. in celebrated case known as the
Marble Company case, which had been reltrFtl 10
\contlnuously during the trial. He added: so mere
the plaintiff may have a complete remedy against
the defendant for certain alleged breaches OF con-
tract by furnishing news to "A rival ASSOCIATION by
Withholding its news entirely go
Moreover" he concluded. las ] find. there VIII
be more injury In granting the Injunction than IN
Withholding Il. so ! am inclined 10 think that the
plaintiff is entitled injunction TO prevent
ii from receiving from the United Press, bui
must be left 10 It's remedy al common law
Mr. Darlington. behalf % The Washington
News" pointed out the Court that the opinion a.
rendered suggested moral turpltude In ascrlbng 70
THE News the furnishing Of information - the
United Press which Il had derived from the Asso-
cIated Press This was distinctly denied. and was
not esta bshed by any proof in the case. He sug-
gested that the Injunction with regard to this mat
ter be left open until the allegation had been sus-
;ained by affirmative proof.
Ross Perry on behalf Of the complainant sug-
gestel to the Court that as The News had con-
fessed TO two breaches OF contract the Inference
was that II could be regarded as guilty Of ell the
other charges.
The Court said Il would take this matter OF issu
ing n restraining writ in regard to the furnishing
OF News proofs TO the United Press under ad-
vlsement until Monday, and in the mean time the
opposing parties should furnish their briefs In the
The application OF the Associated Psess for n
writ to restrain the United Press from continuing
TO furnish it's service The Washington News
and to restrain The WASHINGTON News" from re-
ceving the service OF the United Press was per
emDtorlly denied