The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-09
In equity.

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To the Honorable the Judges Of the Circuit Court q
the United States, In and for the Southern District
Of Ne,p York:
THE Sun Printing and Publishing Association,
q corporation organized under and pursuant to
the laws OF the State Of New York, and having
its principal place of business In the city Of New
York, In said State, brings this bill Of complaint
against tho Associated Press. O corporation or
ganized under and pursuant to the laws of the
State of Illinois, Clayton McMichnel. being .
citizen Of the State Of Pennsylvania and an In
habitant of tho eastern district thereof; Frank
b. Noyes, being a citizen Of the State Of Mary
land and III inhabitant of the district of Mary
land; Frederick Driscoll, being a citizen Of the
State Of Minnesota and an inhabitant of the
district Of Minnesota and of the Third division
thereof; Michael H. de Young, being a cit
lien Of tho State of California and an inhab-
liant of the northern district thereof;
Thomas @. Rapier, being a citizen of the
State of Louisiana and an inhabitant of the
eastern district thereof; Charles w. Knapp.
being a citizen of the State Of Missouri and an
inhabitant of the eastern district thereof; Vic
tor F. Lawson, being a citizen of the State Of IL
linois and an inhabitant of tho northern district
Of Illinois and OF the northern division thereof;
Albert J. Barr. being a citizen of the State of
Pennsylvania and an inhabitant OF the western
district thereof; Stephen O'Meara. being a citi-
" VI NV DStAbS va oAN 80 AhAeDN
liant Of the district of Massachusetts; l.. Mark
brett. being q citizen of the State of Ohio and an
inhabitant of tho southern district thereof. and
all Of said defendants other than the Associated
Press being directors OF said Associated Press.
And thereupon your orator complains and
says:
First-Thatt the complainant, THE SUN Print.
ing and Publishing Association. is a corporation
duly organized and existing under the laws OF
tha Stat NJ Now York and la yinp It's UrinciDal
place Of business In the city OF New York, in the
southern district of New York.
Second-That the principal business OF the
complainant Is printing and publishing two GER
tain newspapers called THE Sun and THE EVEN
ING Sun, and buying. gathering. and accumulate
ing information and news, and vending. supply
ing, distributing. and publishing the same.
Third-On Information and belief that the do
PENDANT. the Associated Press. is n corporation
duly created and organized and existing under
an act Of tho Legislature Of the State OF Illinois.
entitled IAN act concerning corporations" APP
proved April 10, 1872, and all acts amendatory
thereof; that II was organized In the year 1892.
and that the purposes for which 1t was organ.
lied. as expressed in its articles of incorpora.
ton, are: ITO buy, gather, and accumulate In
formation and news; to vend, supply, distribute.
and publish the same; to purchase, erect, lease.
| operate, ana sell telegraph and telephone limos
| and other means of transmitting news; to pub
llsh periodicals.; to make and deal in periodicals.
| and other goods, wares. and merchandise
Fourth-On information and belief that the
principal business OF the defendant, tho Associ-
| ated Press. Is buying, gathering. and accumu.
lating information and nows, and vending or
selling the same. and that its principal place OF
business 10 In the city OF Chicago. In the State OF
| Illinois. and the northern district OF Illinois.
| and that said defendant corporation has prop
| erty within the State of New York and within
the southern district thereof. and has n resident
managing agent in the State OF New York and
tho southern district thereof. ono Charles 3.
Diehl.
Fifth-On nformatio and belief that the do
fendant sells and vends news to the proprietorS
and publishers of nearly all OF tho newspapers
published within the United States Of America
and transmits the same from the State OF ILL
nois and from the northern district thereof.
and from the State OF New York and from the
southern district thereof, to the proprietors and
publishers Of such newspapers in the several
other States OF the Union. and that the relations
which have existed and do now exist between
the defendant, the Associated Press. and the
proprietors and publishers OF such newspapers
ara as follows: Tho defendant, the AS
sociated Press, sells and transmits It's
news TO such newspapers for a speci-
fed term, and In consideration OF the
payment of a certain stipulated sum per
week In advance, and OF an agreement to
pay any additional weekly assessment made by
the Board OF Directors or Executive
Of the said Associated Press upon the newspaper.
not exceeding so per cent. of the regular weekly
payment, and the said Associated Press sends
TO such newspaper daily its regular dispatches
but, at the same time. the defendant. ttp ASSo-
Gatsd Prs6S. permits and allows such news