New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-19
UINTS 4 MONOPOLY or NEVIS.
INJUNCTION PROCEEDINGS or NEw-oaLEAXs
NEWSPAPER AGAINST THE SOUTHERN
ASSOCIATED PRESS.

INJUNCTION PROCEEDINGS Or A NEW-ORLEAXS
NEWSPAPER AGAINST THE SOUTHERN
ASSOCIATED PREss
New-Oreans. Dec lS THE injunction proceed.
ings in THE TIncs-Democrat' Publishing Company
against the Southern Associated Press. which
was postponed last Saturday, came up before
Judge Parlangc sitting in the United States Cir.
cult Court yesterday. Page NJ. Baker. OF Tho
Timcs- Democrat" wss present with Charles r
Bush counsel: Captain j. PinclSEey Smith, OF Tho
Daily States" present as agent and repre-
sentative OF the Southern Associated Press, with
E. H. rarrar, OF Farrar Jonas Kruttschnt
as counsel. The proceedings began by Mr.. Farrar
reading the affidavit OF United states Senator
Patrick Walsh general manager and treasurer OF
the Southern Associated Press, confirmed by the
afidavits OF Captain Evan p Howell and F. p
Gass secretary of the Southern Associated Press
and OF Colonel FINLEY Anderson, OF the United
Press. and the contracts and documents annexed
Mr. Baker filed an affidavit in attempted explana-
ton of these afidavits and documents, but not
controverting any OF the statements therein con-
tanned Mr.. Bush opened the Gaze Of The Times
Democrat" ard seemed to be very much worried
by the questions put to him by the Judge to
the Jurisdiction OF the Court.
Mr. Farrar argued that there the face
Of the bill three fatal objections namely. % That
1t was defective because the proper parties were
not before the Court TO enable Il to render any
Illinois was necessary party to the trouble
without whose presence no judgment could be
rendered, that corporation was the person under
whom the complainant claimed its rights, and
with whom ii set up the exclusive contract detailed
in the bill C2) The bill did no. disclose any
case for equitable relief because 1t was clear
It's face that the remedy OF The Times Democrat"
II any was an action in damages against the
United Press for the alleged violation OF its con-
tract and the character OF the damages which
The Times Democrat" would suffer If any
because OF the violation of Its contract. was easily
appreciable in. money. Courts OF equity do no,
use the writ of Injunction to prevent the violation OF
a contract except in peculiar and exceptional cases.
and this case does not fall into that category
go The avcrments OF the bill show that the COM
plainant is asking court OF equity 10 use the
equitable writ OF injunction 10 enable the com.
plainant TO establish a monopoly in the city OF
New Orleans 10 all the news furnished by the
United Press, that such a contract for a monopoly
OF the news in restraint OF trade and against
public policy. and that no court OF equity would
lend its aid TO establish or enforce any such
monopoly.
MIR Farrar further argued that II the Court
should pass from the consideration OF the face Of
the bill and consider the from the point OF
view OF the case made by the afiiavits, IL was
clear the complainant had no standing In the
court. He traced the history OF The Times
Democrats relations TO the United Press and
The Court took the case under Amusement