Birmingham age-herald., 1895-06-06
IN FULL WAR PAINT.
THE UNITED PRESS ON THE AGGRESSIVE Suit for S100,000 Filed Against Clayton Mo- MchaeI-Some of the Spicy AlIega-
 lions of the Complaint.

New York, June 5.-Clayton McMich- ael, proprietor of the Philadelphia North American and a director in the Associ- ated Press, was served with conn plaint in this city this morning in libel suit brought by the United Press, in the supreme court, the amount sued for being $100,0 900.
 The publication complained of ap- peared in the issue of the North Ameri- can dated June 1. After summarizing the points, which are libelous. the com plaint concludes: That the said article, matter and words as aforesaid, in so far as they stated or insinuated that the plaintiff proposed to give up its business to the Associated Press or any other per- son. or persons, or that the plaintiff pro posed to repudiate it's contracts. aban- don it's friends and allies and turn over It's bushes to a rival organization, or to any other person or persons whatsoever; or that the plaintiff's business was or ganzed and conducted as a stock job ping concern, and not legitimately, or that the plaintiffs s revenues were dis honestly and unlawfully obtained; or that news furnished and delivered by plaintiff to its clients and subscribers was inaccurate and untrustworthy; or that the plaintiff has been guilty of ly- ing, deceit and libel, and of using inn proper and unlawful methods to dis credit and injure the Associated Press; or that the plaintiff is behind hand in obtaining the news and delivering the same, and hence that 1t is of little if any. value; or that the plaintiff is, or was, on June l, 1895, doing practically no business beyond the Rocky noun tains, and that the business which 1t was doing was with three or four papers of no financial standing or respecta bill ity, and which had been refused adms- sion or discarded by rival organizations or that the only source from which the plaintiff derives it's foreign news was the Central News of London, and that the news of the said Central News was un- trustworthy and inaccurate, and the for eign news dispatches of this plaintiff obtained from the said Central News, was also likewise untrustworthy and inaccurate; or that plaintiff is now subjected solely to the financial burden of supporting said Central News, or that the plaintiff is now. or ever has been in a state of panic, or believed itself finan- cially unable to continue it's business and desired to associate itself with or merge it's own business In that of a rival: or that the plaintiff was willing to agree to surrender the control and manage ment of its business to rival orga niza- tion, or to any other person or persons whatsoever; or that the plaintiff was ready and willing to repudiate and aban- don it's obligations and contracts. to forsake it's allies, and to remodel and revolutionize it's entire business. or any part of it. or that the plaintiff was ready to agree to coerce and to use its infiu- ence with it's members. clients and al- ies into paying money to others which they were under no legal or moral obli- gation to pay at all; or that the plaintiff was willing to give up its name and OF ganization and to go out of business, or that the news service of the plaintiff was of an inferior character and not worth the price paid for it, and that the plaintiff was in receipt of no revenue from any source, other than four New York newspapers, were false. scandal ous, defamatory and libelous, and the plaintiff ayers that it was never guilty of any of the infamous and disgraceful acts that are stated or insinuated in said article"
 Here's Another.
 New York, June 5.-Ernest F. Birming- ham, editor of the Fourth Estate, was arrested this morning on a charge of criminal libel, brought by the United Press. He was taken before Justice Me Mahon and upon examination being waived he was paroled in the custody of his counsel until 2 o'clock. when he promised to furnish $500 bail. The libel complained of by the United Press was printed in the issue of the Fourth Estate of May 30