Omaha daily bee., 1897-05-15
oARBLiNo THE COURTS DECISION

each of the newspapers having interests
involved 10 view his action from its own
standpoint and come out the next day
with headlines claiming complete victory
for its side, he made pretty good char
acterization of newspaper policy. But
when he said that each newspaper would
naturally endeavor to create the impress
sion that it had the best of the con-
troversy he certainly had no Idea that
to accomplish this purpose the World
Herald would Intentionally garble the
decision and palm off on its readers as
the fun text of the courts opinion
conglomeration of mutilated excerpts
omitting all the vital points and convey
ing u meaning precisely opposite to that
expressed from the bench
AS reported in the World-Herald the
concluding paragraphs of what purports
to be Judge Keysor's verbatim opinion
in the case of The Bee Publishing Com
pany VS. The Associated Press is as fol
lows:
Now. I am willing to say this that whether
or not there is mutually in this case, NOT
mutually but a contract in this case between
the World Herald and The Bee at this time
do not think that under the law oil TINS
state as quoted in this statute and uhuer
! the general law which should prevail III
favor of private parties having an equal
standing before the great corpora
| tlons of this country; that whether or not
! the World-Herald has a contract, it ought to
have a contract If it wants it. But think
that The Bee should be heard before the
a,,l ,,,ak he H.
jections and insist upon his terms and state
the reasons why certain terms should be
given.
Now, | am going to do this. I am going to
let this restraining order stand here just as
it is until after the meeting of these stock
holders in Chicago, which will occur in week
or two. and let Mr.. Rosewater go before that
board and present his claims there aud let
them make some arrangements. If they don't
make some arrangements l will IL this case
is tried before me. But the Associated Press
must give the World-Herald and the Lincoln
Journal franchise, give them a right to
publish this news; put them on an equal
business standing so far as the Associated
Press is concerned, and let them work out
their own salvation here in local matters.
This World Herald report is intention
ally garbed ana incomplete. The exact
words, of the judge as taken down by the
sworn stenugrapher are as follows:
Now l am willing to say this, that whether
or not there is mutually in this case, not
mutually but contract in this case between
the World-Hefald and The Bee at this time,
| do not think that under the law OF this state
as quoted in this statute and under the gen
eral law which shonld prevail in favor of
private parties having an equal standing be-
fore the great corporations of this country,
that whether or noU the WOrld-Herald has a
contract it ought to have contract if it
wants it, Put | think that The Bee should
be heard. | think Mr.. Rosewater or The
Bee Publishing company have a right before
hat contract is entered into to appear before
the Associated Press directory and be heard, |
make his objections and insist upon his
terms and state the reasons why certain |
terms should be given. | think that he has |
that right and l think IT Is A DUTY |
THAT THE ASSOCIATED PRESS OWES |
HIM TO MAKE HIM SOME PREPARATION |
FOR THE EXTRA MONEY HE HAS Elk |
PENDED AND NOT TO ALLOW THE
WORLD HERALD TO COME IN HERE |
NOW ON AN EQUAL FOOTING WITH
HIM when this Associated Press is in a bet !
ltI CDuNlllOlk lllla IL tNti WIS DtlDle, COiue |
in on an equal footing, without giving him |
some recompense for the time and money eX- |
pended and the risk, he has taken.
1t was said yesterday that the World-lIer- |
aid lost $25 900 by losing its franchise when |
the United Press went down. Suppose the |
Associated Press went down, where would |
Mr.. Rcsewater's franchise have been? He |
would have been out more than $25 900, in |
H.,
and extra war funds.
Now | am going to do this: | am going to
let this restraining order stand here just as
it is until after the nesting of these stock
holders in Chicago, which will occur in a
week or two, and let Mr., II sawater go before !
that board of stockholders and present his
claims there and let thsm make some arrange
ments. If they don't make some arrange
ments | will, If this case is tried before me.
But the Associated Press must give the
World-Herald and the Lincoln Journal a
franchise, give theu a right to publish this
news, put them on an equal business stand
ing. so far as the Associated Press is con
cerned, and let them work out their own
salvation hsre in local mstters.
Now, it is said, how can MIR Rosewater be
recompensed? who shall say what his
damages have been? Wei, in the hrst place
court of equity has got pretty liberal power
in that regard. and in the second place an
example has been set here for this court.
When Mr.. RcSew2tGr came into some asso-
citation few years ago it has been stated t)
me here that he had to pay 50 ,O00 or 10000
to get in and that he had to pay as much
tolls to these papers as the other two
papers the Omaha Herald and the Omaha
Republican, were paying. Well, if the mat
ter could have been settled then on a just
basis for the Herald and Republican there is
no reason now why II cannot be settled on
just basis for The Bee, and do not see any
reason why a court Of equity cannot get al
1t, and If boacd of equity cannot get at it
court OF equity can get within $4,000 or
$40 900 OF It., And what Is $1,000 or $40 600
to the Associated Press which has an in
come, l am told which is $1,000 every day
over and above its expenses, 1t is bstter to
make a mistake against this Associated Preas
of $25 900 than to hamper snd destroy the
papers OF this city and Lincoln, papers that
have been built up at an enormous cost.
What excuse can be offered for the
World Herald for such papabe diStOr-
ton of the truth ana willful suppression
- .l..t.r