The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-09
suMMoYs AND COMPLAINT.
c,.u- co,uT or THE UNITED srATEs-Fort the South
ern district OF New York


auNNoNs AMI COMPLAINT.
cncurr COURT OF THE UNITED srArhs-fortn e soutn
ern District OF New York.
The Sun Printing and Publishing
Association. Pl,ln,iu'
The Associated Press. Defendant.
Tho plnIntifr complains of the defendant, and
alleges:
First-That the plaintiff, TIE Sun Printing
and Publishing Association. 10 q corporation
du,v organized and existing under tho Laws OF
Tho state Of New York, and having Its principal
n,ace ~ business In the city of New York, in tho
Southern district OF New York.
sooond-That tho principal business Of the
~nlaintiff is printing and publishing two certain
nevspapcrs called II Sun and THE EVENING
Sun. and buying, gathering. and accommodating
Information and news, and vending, supplying.
distributing, and publishing the Same.
Tbird-On information and belief that the do
fendnnt. the Associated Press. 10 q corporation
duly created and organized and existing under
an act of the Legislature Of the State Of Illinois,
entitled An act concerning corporations" APP
proved April 10. 1872, and all acts amondatory
thereof: that It was organized In tho year 1892.
and that tho purpose for which It was organized
ms expressed in its articles Of Incorporation
are: " To buy, gather. and informa-
ton and news; to vend, supply, distribute. and
publish the same; to purchase. erect, lease. OPP
crate. and sell telegraph and telephone lines and
other means of transmitting news; to publish
periodicals.; to make and deal in periodicals and
other goods. wares, and merchandise"
Fourth-On information and belief that tho
principal business of the defendant, the Associa-
ted Press, is buying. gathering, and
ing and n and vending or selling
the same. and that one Of Its principal places
Of business 10 tho city OF New York. In the
Southern district of New York, and that said
defendant corporation has property within tho
State Of Now York and has a resident managing
ngent in the State OF New York, one Charles 8.
Diehl.
Fifth-On information and belief that the de-
PENDANT sells and vends news to nearly all of the
published within the United States
of America, by transmitting the same from tho
State of Illinois and from the State of New
York to the several other States of the Union.
Sixth-On information and belief that from
the date of its organization. tho 18th day Of De-
cember, 1892, up to the present time. the de-
PENDANT has attempted to monopolize part of
the trade and commerce among the said several
States in vending, supplying, and distributing
formati and nova for publication In news
papers. e
Scventh-On information and belief that the
manner in which the defendant has thus at
tempted to monopolize such trade and COM
merce in vending, supplying, and distributing
ormat and news for publication in news
papers Is rs follows:
The defendant has entered into contracts or
arrangements with the owners or publishers of
newspapers in each OF the several States of the
Union. whereby such owners or publishers obi
gate themselves not to buy or receive nows from
any person, firm. or corporation which shall
have been declared by tho Board of Directors OF
the defendant to be antagonistic to said defend
ant.
The plaintiff has been declared by said Board
Of Directors to be antagonistic to the defendant;
and under such contracts or arrangements with
the owners or publishers Of said several news
papers the defendant, during the period afore-
said-that is to say. from the said 18th day Of
December, 1892. up to tho present time-has
prevented and docs still prevent such owners
and publishers, or some OF them. from buying or
receiving news from the plaintiff. The defend
ant has thus prevented the owners or publishers
of the newspapers hereinafter mentioned. who
formerly bought and received news from tho
plaintiff. from continuing DO to buy and receive
news therefrom.
Eighth-On information and belief that in con-
sequence of the making and enforcement by tho
defendant of such contracts or arrangements
with the owners or publishers Of newspapers. to
which the defendant furnishes or vends and
supplies news in the several States of the Union.
the defendant during tho period aforesaid has
attempted to monopoliZe part of the trade and
among the several States contrary to
the provisions of the act Of Congress of the
United States entitled An act to protect trade
and IN against unlawful restraints and
monopolies,' approved July Q, 1890. and
being Chapter CAT. % Statutes at Large
of the United States; and that plaintiff has been
injured in its business and property, by reason
of the attempt to establish such monopoly, in
tho sum OF seventy-ive thousand three hundred
dollars 1915, 3Oo). for which 1t sues to recover
threefold in this action. under and by virtue of
the provisions of the act of Congress aforesaid.
Ninth-On information and belief that such
damages arise out of the following facts. to wit:
/. That prior to the 10th day Of juno, 1894.
the defendant. tho Associated Press, by and
through its Board Of Directors, declared the
plaintiff. THE SUN Printing and Publishing As
ISOLATION, to be antagonistic to the defendant.
the Associated Press;
2. That in the month Of June. 1894. and prior
to the 10th day of June. 1894, the defendant or.
dered the owners or publishers of the Chicago
| Herald, to whom the plaintiff sold and trans.
mitted news at the rate Of 800 per week. to
| cease to buy and receive news from the plaintiff,
ana thereby compelleu baiu oWnerS OF puollSn-
ers thcreupon to cease buying and receiving
news from the plaintiff; that In consequence
Of such action of tho defendant. the said
owners or publishers Of the said Chicago
Herald ever since tho said 10th day of June,
| 1894. and up to and including the 29th day OF
November. 1897, and up to the time of tho com.
mencement of this action. have ceased and re-
fused to buy and receive news from tho plain.
tiff. and that thereby and up to and including
tho 2sth day OF November, 1897, tho plaintiff
has been injured in its business and property
to the amount of eighteen thousand dollars
t$1s.OOo).
8. That in tho month Of juno. 1894. and prior
to the 10th day of June. 1894. the defendant
ordered the owners or publishers of the Chicago
Post, to whom the plaintiff sold and transmitted
news at the rate OF $50 per week, to cease to buy
and receive news from tho plaintiff, and thereby
compelled said owners or publishers there
upon to cease buying and receiving new:
from the plaintiff; that in consequence Of
such action Of tho defendant, the said
owners or publishers of the said Chicago
Post, ever since the said 18th day OF June. 1894