The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-20
FAMOUS CASE REoPENED.
Illinois supreme Court Reverses De-
cree Against Chicago Inter Ocean.

Illinois Supreme Court Reverses De-
cree Against Chicago Inter Ocean.
SPRINGFIELD, Ill. Feb. FIN the
appeal of the Inter Ocean Publishing
company against the Associated Press,
the supreme court today rendered an
opinion reversing the decree entered by
the Cook county Acirclit court for the
First district and demanding the cause to
the circuit court, with directions to enter
a decree as prayed for IN the original bill
filed by the Inter Ocean Publishing COM
pany, to restrainEtfe SAssociated Press
from suspending OF expelling the petition
er from its membership, and from refus-
ing to furnish 1t news according to its.
contract.
This bill set up The, fact that the Asso-
ciated Press had been able to control
the business of buying and accommodating
news in Chicago, Eand selling the same.
and had thus created for itself an ex-
elusive monopoly, and Ito preserve such
monopoly had declared the Sun Printing
and Publishing association rival or
competitor in business, and antagonistic
to it. and sought to prohibit its members
from buying news therefrom, under pain
of suspension or expulsion. 1t was also
alleged that the appellee had compelled
some of It's members, by threats, to cease
buying the special news Of the Sun Print
ing and Publishing association under its
contracts with its members, including the
appellant.
The appellee filed an answer to the bill
and a hearing was had, the circuit court
dis1nissing the bill for want of equity,
and, on appeal to the appellate court,
this decree was affirmed. The supreme
court now reverses this decree. and re-
mands the cause.
The opinion written by Justice Phillips
holds that the manner In which the cor
poration has used its franchise has charg-
ed it's business with public interest.
ut kas devoted It's property to public
use, and has in effect granted to the
public such an interest in its use that 1t
must submit to be controlled by the pub
lie, for the common good, to the extent
of interest 1t has thus created in the pub
lie in its private property. The sole pur>
pose for which news was gathered was
that the same should be sold, and all
newspaper publishers desiring to pur-
chase such news for publication are en-
titled to purchase the same without dis
elimination against them. The
clause of the contract which sought to
restrict the appellant from obtaining
news from other sources than from APP
pellee Is an attempt at restriction upon
the trade and business among the citizens
a.
never be held hostile to public interests
and efforts to prevent competition by con-
tract or otherwise can never be looked
upon with favor by the courts.
1.-The court finds ythatithe bylaw of the
appellee corporation. which seeks to pre-
vent its members from publishing ita
special or other news or receiving such
news from any person declared by It
hostile is not required for corporate pur-
poses, nor included within the purposes
of the creation of the corporation. 70
enforce this bylaw and contracts made
under 1t would enable the appellee to
designate the character of news to be
published and whether true or false.
there could be no check on it by publish
ing news from other sources. Appellee
would be powerful in the creation of a
monopoly in its favor and could dictate
the character of news st would furnish.
and could prejudice the interests OF the
public Such a power was never contern-
plated in its creation, and Is hostile 10
public interests. The clear effect OF TINS
bylaw is to create monopoly, which
renders it void"