The Providence news. (Providence [R.I.]) 1891-1906, 1897-03-24
THE HERALD WINS.
Order Restraining II From Joining
Associated Press Vacated.
Boston Daily Annliates with Biggest
News Gatbercr In tho World.

Boston, March 24.-The Boston Herald
with the Associated Press, abandoning
the service of the New England Asso-
ciated Press and United Press. The New
England Associated Press had restrain
ing order issued to prevent this.
Colonel Melvin o. Adams. counsel for
the Herald. obtained from the court an
assignment for an immediate hearing,
which was fixed for 4 o'clock in the after
noon. In the hearing which began at
that hour and lasted until q o'clock the
Herald Company was represented by Hon.
John Lowell and Colonel Adams and
Mr.. Gallagher had associated with him
Mr.. Bailey, as counsel for the New Eng
land Associated Press. Counsel for the
Herald represented to the court that the
contract between the Herald Company
and the Associated Press had been made
under date of March 49, and that Ii had
been signed by four of the five directors
of the company who were also ~ majority
of the stockholders both i'm interest and
In number. Further, that IL was of the
greatest Importance to kthe Herald that
It's business and business policy should not
he interfered with in the manner con
tomplated by the New England Associated
Press
They maintained that the question had
no standing in equity and that IL the
withdrawal Of the Herald worked an i'm
jury 10 the New England Associated
Press it's extent could be determined by
ordinary legal process and was clearly
assessable in money damages. Counsel
for the New England Associated Press
argued that the Withdrawal of the Herald
would constitute an irrcparable damage
to their clients and that therefore the case
was one In which there could be no ade-
quate remedy except that obtainable
from an equity court I'm the form of an
injunction, which should compel the
Herald To continue q member of the
New England Associated Press.
Mr.. Gallagher declared repeatedly that
the failure to obtain such an injunction
would mean the complete destruction
and disappearance of tho New England
Associated Press. He also read an af1i-
davit from Mr.. IA. IL. Fletcher superin-
tendent of the New England Associated
Press, in which that gentleman made the
same declaration, sustaining il with facts
and explanations as To the condition and
obligations of the New England Associ-
ated Press.
Judge Morton decided in favor of the
Herald Company, thus restoring the case
To the position which il would have occu-
pied IL the restraining order never had
been issued and leaving the Herald dircc-
tors free TO act according to their own
Judgment. In deciding the cnse he said
that the New England Associated Press
was voluntary co-partnerhip from which
any member had the right 10 withdraw,
leaving IL for the associates to decide.
ThcHerald' s right Of withdrawal could not
be abridged by any contract entered into
by the New England Associated Press,
even though its proportionate liability
under these contracts should continue
after its withdrawal. He said further
that losses which the remaining members
of the New England Associated Press
might suffer In consequence of the action
on the part Of the Herald, which was
clearly within its rights, was aside from
the question and not to be regarded as
part Of the case.