The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-11-04

in obtaining and publishing day news un-
der the franchise contract with the Asso-
ciated Press. The complainant AYERS that
he is the owner and is entitled to have pos
session OF said books OF circulation and ac-
counts and entitled TO enjoy the privilege
OF receiving and publishing the day news
furnished by the Associated Press, and
that he wishes to continue publication in
the city of Seattle OF the daily newspaper
which was covered by said mortgage. Tho
defendant. the Times Printing Company.
has demurred to said amended complaint.
and the other defendant. the Associated
Press. has interposed a plea to the juris-
diction. The jurisdiction OF the court to
adjudicate as to the rights OF the parties
under the franchise contract with the AS
ISOLATED Press, is denied by the demurrer
of the Times Printing Company, and also
by the plea OF the other defendant. on the
ground that the Associated Press is an In
dispensab'e party and as the only ground
court is diversity OF citizenship. the Asso-
ciated Press cannot be made a defendant
In suit originally commenced In United
States circuit court, except in the district
of the residence, either OF the plaintiff or
the defendant
.In their. argument in support Of the jur-
isdictiou OF this court, counsel for the COM
piainant Insist that this is not suit 10
enforce a personal liability. but rather
suit founded upon n claim to specific prop
erty situated within this district, and that
given by section sss. United States Revised
They say that the complainant asserts
ownership and legal title to the franchise
In question. but that through the fraud OF
the respondent. the Times Printing Com
pany. the possession and enjoyment to hts
property rights in this and other valuable
things. such as the goodwill. name. etc. OF
said newspaper. are unlawfuily withheld
from him; that the conduct OF the Times
Printing Company In the particulars al
legged IN effect places that company legally
In the attitude OF a trustee ex maleficio, or
transferee under a fraudulent convey
ance holding the properly for the real own
err. Their argument rests upon the propo-
sition that the franchise, the goodwill the
name and the circulation OF the newspa-
per. are specific articles Of property, capa-
bic or being transferred and reduced tn
possession by the acts OF the. parties, and
that said property has a legal situs with
In this district. and is therefore within the
Jurisdiction or this court. so that the court
may by its decree en5on the mala fide hold
er from using the same, and also protect
the rightfui owner In the exclusive use and
enjoyment thereof.
las at present advised, l hold to the
opinion that, upon the face OF the bill OF
complaint enough appears TO enti.le the
complainant TO equitable relief against the
Times Printing Company. TO the extent OF
restraining said defendant from using the
name OF the newspaper OF which the COM
plainant became proprietor by the fore
closure sale, and from publishing and cir
cuaiing a newspaper by the same, or a
different name as the newspaper. or sue
cessor OF the newspaper. which was sub
the mortgage.
''As 10 The books containing accounts and
names OF subscribers and patrons OF the
ewsisiper. they are articles OF which man.
ual possession may he taken and which
may therefore be recovered in an action at
law. therefore court OF equity is without
jurisdiction 10 assist the complainant in
recovering possession az SAID property.
As 10 the so-called franchise. | ind that
TO be merely a contract creating an obli-
eafien and right. In nowise different in
HAr t~..s -. -...,<Fr 49,
by when one party agrees Tor q e0nsidera-
ton 10 serve another for A definite period.
The Associated Press Is a news gatherer:
It's business ia 20 he GiHgcnt Ii collecting
information as IL matters OF public in
tereSt and TO con1municat. such Informal
ton as IL collects to the publishers of diff
fsrent newspapers promptly. Because OF
the extensive facilities watch ii has for
gathering news and its superior facilities
for transmitting the same properly, the
right TO receive and publish the Informal
tlon which IL can supply Is valuable 20 the
publisher Of a newspaper. II - more val
liable than a right which n newspaper
might acquire by a contract NTH one ~
It's individual reporters. securing fer q def
mite period his time aad talents 10 be de-
voted exclusively - the Nork OF gather
ing n@ws because the Associated Press
- an aggregation % reporters. but The diff
ference Is 81 degree, and not IN kind. |
md no ground Ia reason nor support in
any precedent. for the argument that "A
Iisat 10 the service ~ another becomes
converted in;o property wniC5 may be the
s.sAiect * a suit ia rem by any mysterious
operation ar force ensna,ing tron tire
mere Tact th4t the person obligated 10 reFs-
der ,hs service Is an artificial being, baE-
ing a greater number az eyes ears. legs
and hands than belong Ia natural per-
son. II NAV ~ fairly inferred. from the
aVsrneuts y thr Otll * complaint IN con-
nectson VIII ~ substituted contract an
nvxea thevrta A. an exhibit. that Ire AsSo-
ciatsi Press claims Tee right 70 PASS upon
the eligibility of newspaper publishers 20
become its associates arI correspondents.
snG 80 become entitled 20 tire priv llrges
granted h. the contracts whtch Il makes
for furnishing news II * provided IN me
cortTkcr thAt he prisig~w- cso only he dis
pVssi ef Incidentally. MIR IN" sale % the
newspaper. ae5 upon condition thar ga@
purchaser VII enter !ntG nex contract
81 similar import As n new contract cAn-
nos ne made without .hs assent - hs par
ties this implies sHat tae purchaser zuAy
hs rejected by TIE Associated Press ard
refused the privileges granted by the con-
tract
"A decree u thts eourt In favor ~ ;As
Gem pia lgaant @ill DE entirely barrea ~ ben
pfSssa. results unless tAe caurt $GaN pro
mauarr definitely thAf tu1 ~c1l alS5uan: :
the srtv party entst.e~f % receive frNsu ,Ae
Assoc. s.ed Press AMI publish ~ Seattle sAa
eay news which il furnishes. To 50 a<o-
soUnce is the sar.s tssns aS 10 decree saat