The Minneapolis journal., 1902-10-28
A Decision in Chicago To-day by
the United States Court of
Appeals.
The Western Union Has a Right to
Property in the News Which
It Gathers.
The Court Says There Are No Prece'
dents, but That It Will Make
Precedent.

Chicago, Oct 2S.--The United States
court Of appeals affirmed to-day the de
cision OF the district court that the chi
cago Board Of Trade can control its quo
tations and that no one has the right to
use them without complying with the
regulations of the board regarding their
distribution.
Chicago, Oct 2S.-An important prin-
cjple of law was established to day when
Judges Jenkins, Grosscup, Baker and
Bum, Of the United States court OF ap-
peals, handed down an opinion to the ef-
feet that the Western Uudon Telegraph
company has right to property IN the
news which 1T gathers and that such right
does not cease when the news Is published
on tickers rented to it's patrons.
In laying down this new principle the
court of appeals affirms two decisions OF
the lower court and forever enjoins the
National Telegraph News company, the
Illinois Commission company and other
defendants from using the quotations IN
question. The court says:
The business OF appellee is that OF a
carrier OF information. The gist OF its
service to- the patron is that by such
carriage the patron acquires knowledge OF
the matter communicated earlier than
those not served.
The ticker with its printed tape Is an
Implement or means only to this CONNER
cial end which the patron or patrons pat
ron may utilize to the end intended, but
may not appropriate to some end not In
tended. especially II such appropriation
result In injury to or total destruction OF
the service. In short, the law being clear
" inadequate to that purpose. equity
should see to 1t that the one who is served
and the one who serves, each gets what
the engagement between them calls for,
fHa inf, 0f
other. shall appropriate more.
",rhe immediate business Of the appellee
brought to our attention may not arouse
any great solicitude. 1t relates to the
gathering and distributing Of news not
looked upon perhaps in all quarters as es-
sential to the public welfare. But the
questions raised are Of much wider signi1-
canoe. They involve. among others, that
modern enterprise-One Of the distinctive
achievements Of our day-which. combin.
ing the genius and the accumulations Of
men with the forces Of electricity, combs
the earth's surface each day for what the
day has brought forth, that whatever be-
falls the SONS OF men shall come, almost
tnr tan utaneousiy into the consciousness o1
mankind. By such agencies as these, the
world is made to face itself increasingly
In the glass. and Is put to those tests tina
nring increasing helpfulness and beauty
Into the heart Of our race.
rs service like this to be outlawed? Is
the enterprise Of the great news agencies
or the independent enterprises Of the great
newspapers, or the great telegraph and
cable lines to be denied appeal to the
courts against the inroads Of the parasite
for no other reason than that the law
fashioned hitherto to fit the relations OF
authors and the public cannot be made tc
fit the relation of the public and this dis
similar class Of servants? Are we to fai
in our plain duty for mere lack of prece-
dent? We choose rather to make prece-
dent-one from which Is eliminated as
immaterial the law grown up around au-
thorshlp-and we see no better way tc
start this precedent upon a career than
by affirming the order appealed from"