The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-03-25
AN INTERESTING DECISION

In nu IninnS,Ion Gaze A gainSt the ltoStOal
Hsraid-Ths Right - an lAaiEianHl %
WtthdFaw From PaEtmorAhlP II
his Own Option.
BOSTON, March 24.-The Boston
Herald Company has signed a ninety
wear contract with the Associated Press,
abandonInR the services Of the New
England Associated Press and United
Press.
The New England Associated Press
represented by It's counsel the Hon
Charles r. Gallagher, appeared IN the
supreme judicial court in equity Sester-
day and asked for q restraining order tc
prsvent the directors OF the Boston Her
AID Company from leaving the New
England Associated Press and signing
a contract with the Associated Press
After an eX.parte bearing. the court
granted the order. when was scryed a.
once upon the directors OF the Herald
company,
Col. Melvin o. Adams, counsel for The
Herald, Ihereupon obtained from tht
court Assignment for an immediate hear
tnE, which was fixed fOt' o'elock IN tht
afternoon. In the hearing, which oeEen
At that hour and lasted until o'clock
the Herald company were represented
by HOr. John Lowell and Col. AdRms
and Mr., Gallagher had associated Win
him Mr.. Bailey a. counsel for the New
England associated Press.
I. t;0unEel, COr the Herald represented to
the court that the contract between thI
Herald company and the Associated
Press had been made already under
date OF March -. and that II had been
signed by four of the five directors oi
the company, who were also majority
OF the stockholders, both In interest and
number; further, that II was OF the
greatest Importance 10 the Herald thai
ltS business aud business policy should
not be interGered with In the manner
contemplated by the New England AS.
ISOLATED Press, They maintained that
the question had no standing In equity
and that II the withdrawal OF the Her.
aid worked an injury to the New Eng,
land Associated Press, It's extent should
he determined by ordinary legal pro-
cess and was clearly aSsessRblc In
money damages
Counsel for the New England AssO-
clated Press argued that the withdrawal
OF the Herald would constitute an lire.
DatRble damage 10 their cllentR. and
that therefore the case was one Ia which
there could be no adequate remedy ex.
cent that obtained In an equity court In
the form OF MI Injunction which should
compel the Herald to cOntiue . mem.
ber OF the New England Associated
PreRs. Mr.. Gallagher declared repeat
eCly that the failure 10 obtain such Ar
Injunction would mean the complete de.
structlon and dlSappearance OF the NoW
England Associated Press. He also read
III
superintendent OF the New England As.
Soctated Press, In which that gentleman
made the same declaration, sustaining
It with facts and explanations 40 to the
condition and obligations OF the New
England Associated Press.
Judge Morton decided In favor OF the
Herald company, thus restoring the case
10 the position which 1t would have oc-
Cupied II the restraining order had never
been issued and leaving the Herald d.
rectora free to act according 70 thelE
Judgment. In deciding the case, he said
that the New England Associated Press
was voluntary co.pRrtnerHhlp. from
which any member had n right 10 with
draw. leaving It's liability TO It's RHB0ci-
ntes to be determined by the law, The
Boston Herald'B right Of withdrawal
could not be abridged by any contracts
entered into by the New England As.
sociatei Press, even though its proper
tlOnate liability under those contracts
should continue after it's withdrawal. He
said further that any hnrdshlpR or LOSSES
which the remaining members OF the
New England Associated PrcSs mlghl
suffer in consequence OF action on the
part Of the Herald which will be clearly
within Its rights was aside from the
question and not to be regarded AZ parl
~ Nhp pngH