The Birmingham age-herald., 1903-07-04
Demands SlO,0OO Damages for
 Alleged MisstatementS
QUESTION OF CIRCULATION
Complaint Charges That the Ledger Printed False otstemsnt Concern ing Number of Papers Printed,
 Causing a Loss of Patronage.

pany against the Ledger Publishing com pany for s1ooOO damages. The attorneys fling the suit were Walker Tilman. Campbell & Morrow and cabaniss x weakley. The text of the complaint is as follows
 The plaintiff claims of the defendant ten thousand 01o.ooOOO dollars. as damages for that, at the time of the wrongs and injuries hereinafter complained of, and long prior thereto. the plaintiff was. and had been. engaged In the business Of pub fishing a daily newspaper, in the city or Birmingham, Alabama. known as the Bir- mingham News, which had large mum Der of subscribers, and large and val uable patronage from acvertisers, from which plaintiff ayers that the circulation of said newspapers for the year lso2' ana for many years prior thereto, was largely in excess of that of any other daily news naner published in the city of Birming- ham. Alabama, or in the state of Alabama and that prior to the year 1903 said news- paper was rated and published, in news naner directories and other publications,
 
 devoted to the interests of advertisers, as having a circulation in excess of any other daily newspaper in the state of Alabama, by reason whereof plaintiff received large gains and profits from the advertising patronage which was so given to It, on account of it's said reputation for hav- ing such circulation. And plaintiff ayers that a large part of the advertis- ing patronage given to said newspaper as aforesaid and particularly that given to 1t by foreign advertisers or those re- siding out of the state of Alabama, which was extensive and valuable, was so given to said newspaper, because of the fact that said newspaper directories and other publications devoted to the interests of those advertising in newspapers, in their said directories and publications prior to the year 1903 accorded to said newspaper the largest circulation of any daily news paper in the state of Alabama, such for eign advertisers being accustomed to rely on the statements contained in said direc- tories and publications, and having no other practicable means of ascertaining the circulation of any newspaper except | Te1eTenCe publications. And plaintiff ayers that the publishers of such newspaper directories and other publications, in making and publishing statements to the circula- ton of newspapers, had and now have no other practicable means of ascertaining the extent of such circulation except from the statements of the owners or proprie- tors of such newspapers. 1t being usual and customary for such owners or pro- prietors. in the early part of each calendar year, to render sworn state ments to such publishers of said directories and other publications. given the circulation of such newspapers for the preceding year Plaintiff further ayers that defendant is now, and was at the time of the wrongs and grievances hereinafter set forth, engaged in publish ing a daily newspaper. in the city of Bir- mIngham, Ala, known as The Birming- ham Ledger, and that defendant well knowing the premises, and well knowing that said The Birmingham News, dur ing the year 1902. had a circulation that was largely in excess of that of the said The Birmingham Ledger, with intent to injure the plaintiff, and to deprive It of a large part of the profits to which 1t was justly entitled, and which it would have realized from said foreign advertisers. and with intent to secure for itself the advertising patronage Of said foreign ad- vertisers. and we'll knowing that by pur- suing the course of conduct hereinafter set forth, 1t would innict great loss and damage upon the plaintiff, falsely and fraudulently represented and pretended to the publishers of divers newspapers di- rectories sworn statements to the effect that said The Birmingham Ledger, during the year 1902, had a cir culation larger or greater than that of the said The Birming- ham News. or of any other daily news paper published in the state of Alabama Plaintiff ayers that. on, towit, the 3rd day of February 1903, the defendant, with the intent aforesaid, furnished to George P. Powell & Co.,, publishers of the American Newspaper Directory. and to the publish CTS of other publications, a sworn state ment or statements, made by one of It's officers or agents. to the effect that the average circulation of the said The Bir- mingham Ledger for the year 1902 was. towit, thirteen thousand nine hundred and eighty Q3,9SO) copies. whereas. in truth and in fact. defendant well knew that such statement was false and that the average circulation of the said The Bir- mingham Ledger for the year 1902. was less than ten thousand copies. And plain tiff ayers, that said American Newspaper Directory. and other like publicans, being induced thereto, solely by the false and fraudulent statements of the defendant as aforesaid, have, in their directories and other publications. devoted to the inter ests of advertisers, as aforsesaid, accord cd to said The Eirms msngham Ledger, an average circulation. fer the year 1902, in excess of that of the said The Birming- ham News, and of all other daily news papers in said state, whereby many of such foreign advertisers have been in duced to withhold from the said The Bir- mingham News advertising contracts and to withdraw from 1t advertisements which were then being published there in, from which plaintiff would have made large profits; and by reason of defen- dant's wrongful conduct aforesaid plain tiff has otherwise sustained great loss and damage.
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 Giuapfio Tior