The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-16

and efficient news bureau called the
Sun News Bureau. which has been an
active competitor Of the said Associated
Press Association and whose news ia
cilities and service have Justly acquired
an extended reputation.
II would. however. be impossible even
for tho undersigned. although published
In the largest city OF the country and
with large financial resources. to con-
tinve ito work II It only collected the
news for its own columns, and II II was
unable to sell the news to other news
papers. In other words. the collection
and distribution Of the news Of the
world requires such great facilities and
entails 10 great an expense that II IL
impossible for any ono Newspaper to
present 70 its readers the news Of the
world uniess Il can share the expense
with other newspapers by reseliing the
news thus collected to other news.
papers.
Tho Associated Press corporation.
we'll knowing this fact and desiring to
destroy all competition in this branch
Of commerce. has for some years de-
clared all competing news organizations
and especially It's most formidable COM
petitor. the Sun News Bureau, IAN
tagonistic" to said corporation. whereby
In accordance with the provisions Of the
bylaws Of said corporation and by their
respective contracts. all the members
OF the Associated Press. comprising a
large Majority Of the leading news
papers Of the United States. were pro-
hibited from buying news from any Of
the said Independent news agencies and
especially the Sun News Bureau.
About March. 1900. said declaration was
In form rescinded. but meanwhile said
corporation had succeeded In enormously
limiting the number of patrons of said
other news vending concerns as we'll as
the income derived by them, respec-
lively. from the vending OF news; by
means whereof the smaller independen
concerns were deprived Of the capa city
and ability to gather and vend news for
the use Of newspapers outside Of the
City OF New York. except of a very lin
tied character, as compared with the
comprehensiveness Of tho information
and news gathered and sold by said
corporation: and the Sun News Blu
reau could only efectuslly compete at
a great and almost intolerable expense;
that newspapers during all of said
period last mentioned were practically
unable to procure much Of the inforn,a-
ton and news gathered by said cor
poration for timely publication, except
by obtaining the news reports of said
corporation.
THE CASE OF INTER OCEAN CON-
PANY VS.. THE ASSOCIATED
PRESS.
In the case OF Inter Ocean Publish
ING Co. a. The Associated Prcss. the
supreme Court OF the State OF Illinois,
In an opinion filed February 10, 1900.
ana published In volume 1874 Of the III
nois Reports. at page AS ct SEQ. In
which case a rehearing was denied on
April 6. 1900. declared null and void
section OF article II OF the bylaws Of
said corporation shown In Exhibit "A"
attached hereto. and further declared.
with reference to said corporation. as
follows:
The organization Of such a method
OF gathering Information and news from
80 wide an extent Of territory as Is done
by the appellee corporation. and the
dissemination OF that news REQUIRES the
expenditures of vast sums of money.
II reaches out to the various parts Of
the United States. where Its agents
gather news which IL wired to II. and
through II such news Ia received by the
various important newspapers in the
country Scarcely any newspaper could
organize and conduct the means OF
gathering the Information that Ia GEN.
tired in an association OF the character
OF the appellee because OF the enormous
expense, and no paper could be re-
garded as newspaper of the day unless
IL had access TO and published the re-
ports from such an association as ap-
peilee. For news gathered from all
parts OF the country the various news
papers are almost solely dependent on
such an association. and II they are pro-
hiblted from publishing II or its use A.,
refused TO them. their character az
newspaper Ia destroyed and they would
soon become practically worthless pub
LEGATIONS. The Associated Press from
the time OF its organization and estab-
iishment In business sold the news re-
ports TO various newspapers who be-
came members, and the publication of
that news became OF vast Importance
to the public. so that public interest Is
attached to the dissemination Of that
news. The manner in which that cor
poration has used its franchise has
charged its business with a public in
terest. II has devoted It's property 70 q
public use. and has. In effect. granted
tn the public such an interest in It's use
that II must submit to be controlled by
The public, for the common good, to the
extent OF the interest II has thus Gre
ated in the public In It's private prom
erty. The sole purpose for which news
was gathered was that the same should
be sold. and all newspaper publishers
desiring to purchase such news for pub
llcation are entitled to purchase the
same without discrimination against
them.
THE appellee corporation being en-
gagged in business upon which q public
interest Is engrafted, upon principles OF
justice 1t can make no distinction with
respect to persons who wish to pur-
chase Information and news. Tor pur-
poses Of publication, which Il was Gre
ated to furnish.