The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-12
stone Quoted ns Proof.

himself rs an extract from an article writ
ten for the Century Mdgdsine by Melville
j.. stone. general manaser OF the Assoc
cidted Press. which Is offered as proof of
the absolute power Of the corporation u.
the news distributing field
The petition OF Mr.. Hearst as filed in
the court " Justice Giegerich sets forth
that the Associated Press was organized
pursuant To the membership corporation
law OF New York In 1900 and that its
stated purpose is to gather. obtain and
procure by its own !nstrumentalities. by
exchange with rs members and by any
other appropriate means any and all kinds
OF information and intelligence. tec-
graphic and otherwise.
The petition tells of the rules re-
curing all membership newspapers to
give to the corporation all news OF its
territory. The petition continues
THE defendants new method of gath
er!ng information and news from so wide
territory requires the expenditure of
vast sums OF money. and because of tn.
enormous expense II is practically i'm
possible for any single Newspaper to or
ganize and conduct the means of gather
ing Information and news comparable in
character and extent to the information
and news collected by the defendant and
Transmitted by II to its members"
The plaintiu says he became mem
Der OF the corporation in 1900 by reason
or his ownership Of the san Francisco
kLomtner. and has since complied with
all the rules and regulations, So far as
he could ascertain them. and has paid
his share Of all expenses. His assessment
Tor the Examiner has ranged from $3.50
10 1900 week and IL at the present time
33S3.2O "A week. Becaus, his readers have
known that he has received the service
ana because of Its exclusive character
The service Itself has become a valuable
mart OF tha good Nyiil NJ
origin of the Dispute.
Tho petition discloses how Mr.. Hearst
and the Examiner came into disfayur II
says:
THE said newspaper circuates widely
throughout numerous towns and cities In
the state or California. and among the
places 1t circulates very extensively *
the city OF Oakland. which is immedi-
ately adjacent 10 the city OF San Fran
cisco. separated th"refrom by "A narrow
strip of water The said newspaper ia
published in various editions. all OF which
gre printed at the said newspapers pub
cisco.
Among said editions OF said n.wsnaner
mere mas been for several years past one
known as the Oakland edition which is
SUBSTANTIALLY identical with the San Fran
cisco edNion. except that there ia added
'HeTeto certain local features and Iocal
news OF interest In Oakland exclusively
ana from time to time certain advcr-
Using or Interest mainly to residents OF
Oakland. VI
In order to emphasize to the peonIe n,
oakland mat said newspaper publishes an
edition containing features and adycr.
easements or special local interest. said
newspaper prints conspicuously at the
nead or the frst page OF each copy OF said
OAKLAND edition fba ord =
hdM'on OF San Francisco Erominer.'"
The petition then says that the words
Oakland" and EXAMINER in the head.
lines were purposcly put IN larger type
both for emphasis and Typographical an
pearance
The petition then sets forth the action
OF the officers OF the Associated Press
based. II is asserted, upon a bv-law or
regulation which does not permit n news
paper in any territory to receive serylce
without the consent OF all other members
il says:
The defendant has within the past few
weeks arbitrarily and without the right so
20 do, acting upon the instlgatlon Of a
competitor or said newspaper in the said
city OF Oakland instructed and REQUIRED
Rho plaintiff to change the programmed
arrangement and appearance OF said head
ing on the first pag" OF the Oakland edition
by printing the words San Francisco I'm
said heading in letteiv or type Of the Same
size as the WORD Examiner and printing
fha words Oakland Edition In letters
or type Of a different size and in a ar
sercnt place 1T the head OF ths first nag.
or said newspaper, which the plaintiff
has declined to do