Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-19
ADVERSE TO THE
ASSOCIATED PRESS

Springfield. Ills, Feb. l9.-In the APP
peal Of the Interocean Publishing COM
pany against the Associated Press, the
supreme court today rendered an opIn-
ion reversing the decree entered by the
Cook county circuit court and the APP
pelate court for the first district and
remanded the case TO the circuit court
With directions 10 enter a decree IS
prayed for In the original bill filed by
the Interocean Publishing company 10
restrain the Associated Press from sus-
pending or expelling the petitioner from
It's membership and from refusing 10
furnish It news according to It's con-
tract.
This bill sets up the fact that the AS
ISOLATED Press has been able TO control
the business Of buying AM &C.
cumulatlng news In Chicago and
selling the same and hay-
ing thus created for itself an exclusive
monopoly, and to preserve such Mono
poly. had declared the sun Printing
and Publishing association rival or
competitor In business and antagonlstie
70 Il. and sought 70 prohibit IT'S meln,
bets ffom buying news tnerefrofn Under
penalty Of suspension or expulsion.
II was also alleged that the appellee
had compelled some OF It's members by
threats TO cease buying the special news
OF the Sun Printing and Publishing
association, under its contract With Its
members. including the appellant
The appellee filed an answer 10 the
bill and a hearing was had, the circuit
court dismissed the bill for want Of
equity. and on appeal to the appellate
court this decree was affirmed.
The supreme court now reyerses this
decree and remands the case.
The opinion written by Justice Phil
lips holds that the manner In which the
corporation has used its Franchise has
charged It's business with a public In.
terest.
II has devoted It's property to pub
lie use and has in effect granted 10 the
public such an interest In Its use that
II must submit TO be controlled by the
public for the common good, 10 the e6-
tent Of the interest Il has thus created
In the public in It's private property.
The sole purposes for which news was
gathered was that the same should BE-
sold, and all newspaper publisher De-.
string 10 purchase such news for pub
licauon are entitled TO purchase the
same without discrimination against
them.
THE clause Of the contract which
sought TO restrict the appellant from
obtaining news from other sources than
from appellee is an attempt at restric-
ton upon the trade and business among
the citizens OF a common country. Com
petition can never be held hostile 20
public interests and efforts 10 prevent
competition by contract or otherwise
can never be looked upon with favor
by the courts"
The court finds that the bylaw Of the
appellee corporation which seeks 10 pre-
vent It's members from publishing rs
special OF other news or receiving such
news from any person declared by n
hostile. Is not required for CORPORATE
purposes nor included within the Dur.
poses Of the creation Of the corporatlon.
To enforce this bylaw and contracts
made under IL would enable The an.
pellee TO designate the character OF !
news TO be published and whether true
or false there could be no check on IL |
by publishing news from other sources. |
Appellee would be powerful in tho cr.l. |
lion OF a monopoly In It's favor and I
Gould designate the character of news IL /
would furnish and could preiudi,e the |
Of the public Such a p5wer /
was never contemplated In its creation |
md Is hostile TO public interests The /
clear effect Of this bylaw Is 10 create /
monopoly which renders Il void"