Evening star., 1897-03-24
JOINS THE ASSOCIATED PRESS.
The Boston Herald Gives Tn It's
Former News Service.

BOSTON, March 24.-The Boston Herald
Company has signed ninety-year contract
with the Associated Press. abandoning the
Press and United Press
The New England Assccia. ted Press. rep-
resented by its counsel, Charles 7 Gala
CHER. appeared il the supreme iudi.ial
court In equity yesterday and asked for a
restraining order to prevent the directors
OF the Boston Herald Company from leay-
ing the New England Associated Press
and signing a contract with the Associated
Press.
After an eX-parte hearing the court
granted the order. which was served at
once upon the directors of the Herald com
pany.
Col. Melvin .. Adams counsel for the
Herald, thereupon obtained from the court
assignment for an immediate hearing
winch was fixed for o'clock in the after
noon. In the hearing. which began at that
hour and lasted until O'clock the Her.
aid company was represented by John
Lowell and Col. Adams, and Mr. Gallagher
had associated with him Mr. Bailey as
counsel for the New England Associat ed
Press.
Counsel for the Herald represented to the
&C urt that the contract between the Herald
company and the Associated Press had
Deen made already under date of March
IL, and that it had been signed by four or
five directors of the company who were
also majority of the stockholders both in
interest and in number; further, that il
was OF the greatest Importance to the
Herald that its business ard business poljcv
should not be nterferred with i'm the man,
ner contemplated by the New England AS
sociated Press. They mainta aimed that the
question had no standing in equity. and
that If the Withdrawal of the HeraId
hn
Associated Press its extent should be de-
termined by ordinary legal process. and
was clearly assessable in money damages
Couhsei 1or the New England Associated
Piess argued that the Withdrawal of The
Herald would constitute an irreuarahIe
carnage TO their clients. and that therefore
the case was one in which there could he
70 adequate remedy except that obtained
III an equity court in the form of an in
junction which should compel the Herald ia
continue member of the New Enplsn nd
Associated Press
Mr.. Gallagher declared repeatedly that
the failure to obtain such an ini,lnction
would mean the complete destruction and
disappearance of the New England Asso-
ciated Press. He also read an affidavit
fIom Mr.. H. H. Fletcher superintendent of
the New England Associated Press in
which that gentleman made the same dec
laration, sustaining it with facts and ex
plantations as to the condition and oblipa-
tions of the New England Associated Press
Judge Morton decided in favor of the
Herald company, thus restoring the case
to the position which it would have occu-
pied II the restraining order never had been
Issued, and leaving the Herald directors
free to act according to their own judp-
ment. In deciding the case he said that the
New England Associated Press was
voluntary copartnership. from which any
member had a right to withdraw, leaving
Its liability to its associates to be determ-
ined by the law. The Boston Herald's right
of withdrawal could not be abridged by
any contracts entered into by the New
England Associated Press, even though its
proportionate liability under those con-
tracts should continue after its withdrawal.
He said further that any hardship or losses
which the remaining members of the New
England Associated Press might suffer in
consequence of action on the part of the
Herald, which will be clearly within its
rights. was aside from the question ana
not to be regarded as part Of the case
Following the HeraId's Example,
BOSTON. March 24.-Following the ac-
ton of the Boston Herald, the Boston
Daily Advertiser and the Boston Evening
Record today signed ninety-year contracts
with the Associated Press, at the same
time dissolving all relations with the
United Press.