The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-01
NO MONOPOLYOFTHE NEWS
NO ONE CAN MAINTAIN EXCLUSIVE
rig HTS IN THE CoMMoDITY.

A Decision BY the Upited states Circuit Court
or Appeals which Gives Auother Black Eye
q. the Ridiculsus Fretonsions or the Chicago
A,,oc,nted Prcss-The Minneapolis Case.
sT. Louis, Jan. 31.-In a decision handed
Aown to-day by tho United States Circuit Court
~ Appeals here tho Associated Press heard
most decisivcly that its monopolistic methods
are without warrant either in equity or law.
Tho decision was on tho nppollee's petition for a
modification Of the order entered on Nov. %
last in tho case of the Minnesota Tribune Com
many against the Associated Press. The Tribune
Company was the appellee.
To-day the court In denying this petition
passed on tho merits of the case. saying: Tho
motion filed In this case on Jan. II, 1898, to
modify the order of nfirmnnco so as to direct
tho dismissal of the bill without prejudice TO
the complainant's right TO sue at law. is denied
for two reasons: First, because the majority OF
the court is OF the opinion that the decroe OF the
Circuit Court dismissing the cause of action on
It's merits was right; and. second. because the
motion to modify the order OF affirmanco in this
court was not filed until long after the term had
lapsed at which the order OF afiirmance was en-
tered"
The significance Of this ruling is best indi-
Gated by these extracts from the appellee's
motion. tOuE pttitluuCt buyb - hppOAI "
the aforesaid decision rendered in November
last that this court did not intend to finally adju-
dictate and determine the rights Of the parties TO
said cause, but only that your petitioner was not
entitled to any relief in q court Of equity and in.
tended to relegate your petitioner to o court Of
law for such relief rs 1t may DO entitled to; but
your petitioner says that the decroe IL remitted
tothe lower court in that form will confirm said
decree Of dismissal upon tho merits, contrary to
the intent and meaning Of said decision. and
preclude your petitioner from enforcing or as
serting its rights in tho premises In q court Of
law. Wherefore your petitioner prays that the
order by which said decision concludes be
amended so as to direct that the said decree be
changed into a decree Of dismissal without
prejudice"
Judge Amos M. Thayer. in discussing the
denial Of this petition this afternoon. explained
that It means the final termination of tho
case In the original opinion delivered at
st. Paul in November he said the case was
disposed Of. according to the appelloe's claims.
ostensibly as q matter in equity. Such proceed
ing would ordinarily leave open the courts
Of law for damage suits or similar remedy,
but the dismissal Of the case having been with
prejudice defendants In such suits might sue.
~cessfully plead res jndicatd. For that reason,
the Tribune Company sought to have the order
modified, and to-day's opinion is on the merits
OF the case. deciding this matter finally and per
cmptorily against the Tribune. OF course. how
ever. if similar conditions were to arise in q
distant section and similar proceedings wert
entered in n different circuit. this opinion could
be quoted only as an authority"
The case grow out Of the Minnesota Trf6un,
Company's effort to enjoin the Associated Press
from serving its news reports to the Mime
apolis Times, the complainant setting forth tina,