The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-16
NEWS MONOPOLY
CHARGE In FULL
Text of Complaint Against
Associated Press by
1.-THE Sum-"
OPPRESSIVE ACTS TOLD
Boycott to Prevent Growth
of "Sun's' Indepen-
dent Service.
LETTERS SHOW THREATS
Corporation Is Charged With
Intimidation to Crush
Competition.
LETTERS SHOW THREATS

A revised edition Of the complaint
filed with the Attorney General by the
Sun Printing and Publishing Association
against the Associated Press has been
printed because of certain typographical
errors which found their way into the
original copies. This edition is now in
the press and 1t will be ready for dis
tribution early this week.
In the meantime In response to very
widespread interest in the document
and very general demand for the full
text, there Is printed below the entire
brief as prepared by THE suns counsel
and as revised for the new edition. The
pamphlet, which will be issued In few
days, will contain, besides the brief.
the several exhibits on which the COM
plaint against the news monopoly Is
based.
The following is the text OF the brief:
In the matter OK the complaint OF the
Sun Printing and Publishing Assoc
citation against the Associated Press.
~ che Honorable james C. McReynoIds,
Attorney General OF the United
States.
Sir: The undersigned, the Sun Print
Ing and Publishing Association, pre-
sents herewith "A statement OF facts
showing, as 1t is advised by counsel, "a
violation OF the Sherman antitrust law.
The undersigned asks that you insti
tute. In behalf OF the Government of
the United States, such appropriate pro-
ceedings as you may think proper to
prevent further violations by the par
ties hereinafter referred TO of said act
OF Congress.
HISTORY OF THE SUN PRINTING
AND PUBLISHING ASSOCIATION.
The undersigned is and has been for
many years a corporation duly organ
lied under the laws Of the State Of
New York and IL now and has been
for many years engaged In printing and
publishing two daily newspapers In the
City Of New York one OF them n morn
Ing newspaper, called THE Sum-" and
the other an afternoon paper. called
THE Evening Sun"
ii.
THE TRANSMISSION OF NEWS
FROM STATE TO STATE rs IN
TERSTATE COMMERCE.
The collection OF news throughout the
world. Its reduction to literary form
and the distribution thereof to news
papers for publication Is and has been
Tor long time a recognized CONNER.
cial business conducted for profit by
certain associations and corporations
hereinafter referred to.
Such sale OF news and its transmits
sion from State tn State, either by mail.
messenger or telegraph, is part OF the
commerce between the States. as such.
within the meaning and application OF
Section 8. Article l.. OF the Constitution
Of the United States relating 10 the
regulation OF commerce among the sew
eral States and within the meaning and
purview Of the act Of July I, 1890, with
reference TO monopolies. commonly
called the Sherman antitrust law.
1t Is an important part OF said COM
mefce, for the freedom Of the press,
thereby meaning the publication Of
news and comment. Is 80 far recog-
nized by the United States as essential
to the perpetuity of our institutions and
the due operation OF the Government,
that under the first amendment to the
Constitution 1t was provided that Con-
gress should make no law which would
Abridge the freedom OF the press. It's
lish such news, without the burden Of
an unlawful monopoly, constitutes a
necessity OF commerce, to which the
fundamental law has given lasting ex-
preston.
In Gibbons V. Ogden % Wheaton, u,
Chief Justice Marshall said:
Commerce undoubtedly is trafiic, but
II Is something more. IL 10 Intercourse.
IT describes the commercial intercourse
between nations and parts Of nations in
all Its branches and Is regulated by pre-
scribing rules for carrying on that In
tercourse"
In the same case Mr. Justice John
son said In concurring opinion:
Commerce In its simplest slgnifica-
ton means an exchange Of goods but in
the advancement of society labor, trans
portation. Intelligence and various medi-
ums OF exchange become commodities
and enter into commerce"
The mere transmission Of jnteIli1ence
or Information, apart from the CONNER
cisl character OF the information thus
transmitted. has been held to be COM
merce The messages which are trans.
mitted along telegraph lines from citi-
zens of one State to citizens OF another
are held to he interstate commerce.
pensacola Tel. Co. v. West. I'm. Tel!
Co. 90 Y. s., l; West. I'm. Tel Co, v.
Pendleton, 122 Y. g.. 3i7.
In the first Of these cases the Supreme
Court said:
ut is not only the right but the duty
OF Congress TO see to II that intercourse
among the States and the Transmission
OF Intelligence be not INSTRUCTED or un-
necessarily encountered by State legis-
latlon."
In the latter case the same court
Aid:
"Other commerce deals only with per-
sons, or with visible and with tangible
things, but the telegraph transports
nothing v.s.S!e and iausibi IL carries
ohiy IDEAS, Ufshes. orders aud inteJH-
gence."
AZ matter OF fact, the Associated