The age-herald., 1900-02-20
DECISION REVERSED
Supreme Court Favors nter-Ocean
 Against Associated Press

Springfield, H., February 19.-In the ap- peal of the Iater-Ocean Publishing com- pany against the Associated Press the SUI preme court rendered an opinion today re- versdng the decree entered by the Cook county circuit court and the appellate court for the First division and remanded the case to the circuit court with directions to enter a decree as prayed for in the original bill filed by the Inter-Ocean Publishing company to restrain the Associated Press from suspending or expelling the petitioner from its membership and from refusing to furnish 1t news according to its contract.
 This bill set up the fact that the Asso- ciated Press has been able to control the business of buying and accommodating news in Chicago and selling the same and had thus created for itself an exclusive mono1- oly, and to preserve such monopoly had declared the Sun Printing and Publishing association, a rival or competitor in bosi- ness and antagonistic to it, and sought to prohibit it's members from buying news therefrom under pain of suspension or ex- pulson. It was also alleged that the af,- pellee had compelled some of its members, including the appellant, by threats, to cease buying the special news of the Sun Printing and Publishing association. P"
 The appellee filed an answer to the bill and hearing was had, the circuit court
 
 and on appeal to the appellate court this decree affirmed. The supreme court now reverses this decree and remands the cause The opinion written by Justice Phil ips holds that the manner in which the corporation has used its franchise has charged its business with a public interest.
 It has devoted dts property to a public use, and has in effect granted to the public such an interest in it's use that 1t must spIb- init to be controlled by the public for the common good Ito the extent of the interest ft has thus created in the public dn its pri- vate property. The sole purpose for which news was gathered. was that the salme should be sold and all newspaper publishers desiring to purchase such news for publica- tion are entitled to purchase the same with olJ. discrimination against them.
 "The clause of the contract, says the court which sought to restrain the ep- pellant from obtaining news from other sources than from appellee Is an attempt at restrictiong upon the trade and business among the citizens of community. Compe- tition can never be held hostile to public interests, and to prevent competition py contract or otherwise cannot be looked upon with favor by the courts F.. ise1a "The court finds that the bylaw of ap- pellee corporation which seeks to prevent its members from publishing special or l other news or receiving such news from any person declared by it hostile. is not | required for corporate purposes nor includ- | ed within the purposes of the creation of 1 the corporation. To enforce this bylaw and contracts made under it would enable 1 the appellee to designate the character of news to be published and whether true or l false, there could be no check on 1t by pub l fishing news from other sources Appellee | would be powerful in the creation Of a l monopoly in its favor and could dictate the | character of news 1t would furnish and could prejudice the interests of the public. | Such a power was never contemplated in l it's creation and Is hostile to public inter l ests. The clear effect of this bylaw as to 1 create a monopoly which renders it void"