The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-21
THE ASSOCIATED PRESS.

Qrom the New York Evening Post)
The Supreme Court OF Illinois has de-
cided the case OF the Inter Ocean Pub
| fishing Company VS.. the Associated Press
in favor OF the plaintiff. The purport OF
the decision is that the Associated Press
is an unlawful combination in SO far as 1t
seeks to restrict the purchase or sale of
news to Its own members. The Chicago
Inter Ocean" was itself a member OF the
Associated Press, and as such 1t bound it
sell by contract not to purchase news
from any other association declared an
tagonistic TO the Associated Press. 1t did
nevertheless. puchase news from the New
York SUM-" or the Lafan News Bureau
which had been duly declared antago-
nlstic to the Associated Press. The by
laws OF the Associated Press provided that
any newspaper offending in this manner
might be deprived OF the news of the asso-
citation by vote Of the directors. The In
ter ocean" was accordingly cut off from
participation in the news, and IL brought
suit Tor damages and restoration.
The Circuit Court of Cook County in
which the case was tried held that ss the
Inter Ocean" had violated its contract
VITA the Associated Press IL could not hold
the latter to performance of 1t. and this
view was sustained by the Appellate Court.
The latter court refused to consider the
question whether the Associated Press was
trust, Or an unlawful monopoly. mas
much as the FIRST breach of contract had
been committed by the plaintiff The case
was then taken to the Supreme Court o;
the State, which has reversed the decision
oil the lower court. and has ruled that any
newspaper In the Associated Press can OBJ
tam news from any source whatever. with
out being subject to deprivation OF the
news service Of the Associated Press; also
that the Associated Press must furnish its
news to all applicants on equal terms. In
other words. IL Is in the nature of a COM
non carrier for hire
1t is needless to say that this is very
iar-reaching decision. 1t goes the *
IRENE length OF the antitrust legislation
and the antitrust sentiment now IRE
vailing Ia the country. AS regards the
State of Illinois. 1t IS conclusive. There
Is no appeal from It. The Associated
Press is an Illinois corporation. Both the
plaintiff and the defendant are residents
OF that State. Therefore the case cannot !
be taken to the Supreme Court of the !
United states. There are other similar |
cases pending IN other States which will !
be appealable TO that tribunal. One such |
case. that of the kansas City Star" Is !
now pending in Missouri, and a decision |
may Oc expected Witnin a snort time. An /
other case is pending in this State. that |
OF the Sun" against the Associated Press. |
Either OF these cases may be taken to the /
highest tribunal of the nation. It is in
disrensable that the question should be /
settled definitely and once for all. or |
course, the Associated Press and all its
members will bow Loyalty TO the decision
when it is made and il the decision in
illinois SHALL be sustained and made ap-
plicable everywhere. they will be instant
IN service to promote the application Of
the same principles to all other business
concerns similarly constituted