The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-11-01
IS WANTING.
~ - PRESS WINS N Law
-. rxJUxcTIOx SET.
mnafera Decides INST De
- rsevent 1ines Prfnsing
rnn9 News YransA1se -
1e Hane u Press-Tines.

: -. ,sSht Of a neyspaper to the use
ssss~rs nf..c news franchise II not
q rrar,srsy subject to seizure under
Il ! eour, Of law was decided In
"a States circuit court yesterday
~ Hauford In the injunction suit
- C. Lawrence against the Times
- Comr,any and the Associated
- that reason. principally. the
ananed pea against IL jurisaic-
vi !s.5|-1 = demurrer to the bill Of COM
- 4uterposed by the defendants,
mtau the suit unless an amended
1fSne = 6Ied-
- = brought BY Lawrence TO en-
rrfutng company, which publishes
- newyuaper in Seattle. from US
W Hsnoc3ated Press day news fran
~ fla1 name ''The Times" or any
.fwaasr. on the ground that he IL the
RI The right 10 use the franchise
9 snlne under foreclosure of q mort
ue3net . corporation OF which Law
SiIeg0 the printing company - tho
x.oc3eted Press II made = party to
~ - 3 party in interest. 1t refuses.
- Is come into court voluntarily:
|<Suof - forced to come. and under the
fInt the right 10 use the franchise -
80 II II practically let out Of the
II fhD WAou5u8lOu COuEu. II 0tCsutxA8
1nn6Gtipg question OF jurisdiction over
7S~ncatcd Press Judge Hanford says:
7ec9ee cf this court In favor OF the
iSInant u4awrence) Will be entirely
- ~ Beneficial results unless the court
nsuuounce definitely that the COM
4 = tho only party entitled to receive
~ Associated Press and publish ut
re day news which Il furnishes.
monounce Ii the same thing aS TO
4hat the Associated Press u obli-
- the complainant to furnish the
- him ct Seattle for publication In q
1871. Logically and legally. the right
1ngty TO receive a benefit from an
einDot exist unless the opposite party
{17Gnfed to render the benefit The
ana the obligation are 80 inseparabie
1ben thu obligated person 10 not with
jurisdiction OF the court, there can
Guch thing a. an adjudication in Ia
Il he party claiming the right.
yon II Z right TO the service OF an
may BE- called property. stu II has
[&hysleal existence nor situs. II cannot
AGnd1e0 nor seized by an officer OF
! 0ourt. The only known method by
- q caa be subjected to judicial pro-
NJ r b. pressure directly upon and coer-
: "a the party obligated to serve. and
nunDa the party to be coerced must be
ut 0yuG The rule OF the foreclosure
- Y rsF,rd to ind;sp .ss,5 parties s
- N Coz, 81 Federal Reporter. page
~ this rule the Associated Press II
n1y m indispensable party to any
'oet1ng intended TO secure ths complain
/ mo rights which he claims under the
Ma1ed franchise contract: for Judgment
ID favor must bind the Associated Press
- leave the question of the obligation
1T corporation to furnish its dispatches
Nm entirely open and undetermined.
I'D defendant will not waive its privi-
nj exemption from being sued In this
ii BY Z citizen OF the state Of Iowa,
court = without jurisdiction Of the
flon AZ issue as TO the rights OF any Of
fDoflieD under tke contract"
harding the right OF the defendant
MT company to use the name The
EoAs Judge Hanford says that on Its
fh0 bill seems 10 give the complainant
MI TO an injunction. But" he con-
III "the controversy as 10 these rights
rs cognIxable In this court unless 1: II
M that tbs value thereof exceeds the
mt OF 5000. Until this is made to ap-
j ofarmatlvely on the face 81 the rec
this court Is without Jurisdiction to
kod
"a the foregoing reasons both the plea
HE demurrer are sustained, and unless
iooaintiff shall apply for leave to amend
Eb8l the Neft will bo dismissed