The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-24
NO MoNoPOLISTS OF NEWS.
HBIeHTr DEOIsI0Ns IN AN lssooI-
ATED PRESS CASE.

Neither Thnt Concern Nor nts Customers
Can wall In News Sources for Their Rx-
elusive psnent-The Federal Courts Say
THAT no trust Can Prevent the Sale Of News.
sr. LOUIS, Nov. 2s.-An important decision
against the monopolizing Of news was an
nounced simultaneously in the Federal Court of
Appeals here and at st. Paul, MINI. II is q
severe blow to the Associated Press, operating
as a legal bar-against that Trusts methods Of
MONOPOLY. The decision was in the case OF the
Minnesota Tribune Company, appellant, against
the Associated Press. The suit was brought to
specifically enforce the provisions of a contract
between the parties.
Tho Tribune Company sought to enjoin the
Associated Press from selling its night news to
the Journal Printing Company. the former as
sorting that by its contract 1t had the exclusive
right to the night news over other local COM
petitors during the period Of the contract. Tho
Circuit Court refused the injunction and dis
missed the bill. and the complainant appealed.
The decree of the Circuit Court is affirmed by
tho appellate tribunal, which holds that tho en-.
forccment of the agreement would have an OBJ
vious tendency to create o monopoly Of tho
news by limiting the service Of the news re-
ports to O single newspaper. Doubt Is also ex-
pressed by the Court with respect TO tho pro-
visions OF the original contract between tho
Tribune Company and the Associated Press.
Tho Journal Company obtained its franchise
through the purchase Of an evening paper, tho
Times. The case was tried in tho United States
Court of tho District Of Minnesota.
Tho decision in effect declares tho Associated
Press to be a Trust. Tho Minnesota Tribune
Company, owner and publisher Of tho Mime.
apolis Tribune, entered into q contract with tho
Associated Press ON March 2. 1893, under
which the Associated Press agreed to furnish
It's news reports to the Minnesota Tribune Com
| pany for q period Of ninety-niney years. At that
time Q bittcr fight was being waged by the Asso-
ciatedPress against the United Press. TheUnited
Press was then furnishing its news reports to
tho Minnesota TRIBUNE Company, and certain
9TH other & newspa Ss In the 6s cit city OF MinnsAR polls
to drive tho United Press from the field. A
clause was inserted In tho contract which was,
ton Of which the Minnesota Tribune Company
brought this action against the ABsociatedPress.
of t certain nn'T provisio ns's Of i Is Sy.l HnSs ." Which leisV L
sought, to have. technically construed in its
feyor. it was relieved from the exclusive clause
peny, and tho entire litigation which terminal
ed In the decision Is concentrated upon the
Circuit Court found, there was a contract I'M
der which the Associated Press was entitled to
1asn sSe c COS ns%s g The sn HJ is".ss iGG 4n!Sasye Conn Conn:
pany, and dismissed tho bill upon the theory
that the Tribune Company wal. not entitled to
any relief against the Associated Press because
the latter had tho right to furnish It's news re.
ports TO the Times Company for publication In
the Minneapolis Times.
Tho Court of Appeals, apparently, differs
from this conclusion. but decides that whatever
right thes Minnesota Tribune Company has
should have been enforced in an action at law
against the Associated Press rather than by IN
equity proceeding to enforce q specific perform
anoe Of the contract, and. refers the Tribune
Company to o court Of law for its remedy. The
gist of tho decision 10 contained in the con.
Guiding paragraph, which follows
IF we had not reached the conclusion here
tofore announced that tho bill of the complain
ant was properly dismissed, we should then
feel compelled to consider q further question
which Is not touched by the briefs, and that 10
whether a court OF equity should undertake
to specifically. enforce an agreement like the
ono at bar, which would seem to have an OBJ
vious tendency to create and perpetuate. q
monopoly of the news by limiting the service
Of news reports to q single newspaper In a large
city and placing 1t within the power Of the pro
prietor OF such newspaper to prevent other
newspapers from having access to the same
source Of Information"