The Bridgeport evening farmer., 1915-03-17

news from rival agencies. And il that Is true the coroIlary must be true, namely, that newspapers desir- ing to form and mai11tain such an organization may determine who shal be and who shall not be their asso- ciatea.
 Disposes of Two Points.
 erhis, of course Is not to say thai Isuch an association might not develoT into an unlawful monopoly. The facts adduced, however. in my optn- lion do not show that that has happen jed#in the case of the Associated Press | ssThis disposes of the second and l third grounds of complaint based or the requirement that members of the Iassociation shall no furnish the news tcolected by them to any one outside isthe association. and on the restric- tions as to membership.
 i As regards the first ground of com. I p1aint, assuming as I do that the col. Election and distribution Of news among the several States is interstate trade For commerce. any tyzIsyy or other l ed Press which would have the effect l of preventing or seriously hlndering Iits members from p5Ir chaseing o1 EotherWise obtaining news on a-riyal 4 agency would be, I think. a Restraint Eupon interstate trade or commerce
  ieontention that the Associated Press I has imposed such al Regulation upor Fits membership, or at least has the < power to do so, has foundation ir lsection of article VIII of the by laws. which reads as follows: l Experience having shown that is very difficult if not impos- \ fple, to avoid or prevent viola
 ion Of the rules prescribed by the last preceding section. or to I detect or prove any such viola ! ton if the members are permit l ted to purchase news from other associations, and that such pl1r-l chase may be seriously preJudI-s E ciaI to the interest and welfare Of ti1isc orporation and it's mem
 bers, the board of directors may. K in their discretio1t, forbid the <
 members to purchase intelligence I from any other such association.
 Decision of Directors Final. I ess When the board of directors by l vote of fWo-thirds of all it's mem bers shall decide and notify any E
 member that the pnrcllase or re-
 ceipt of news from any other per 4 son, firm, corporation or associa-
 ton. not a member of this corpo- I ration, or represented in this cor l. poration by a member, or any other action by such member es- ' tablIshes a condition that will be I likely to permit the news of the I corporation to be disclosed to un
 authorized persons, such mem Aass bers shall mediateiy discontin l n uez puF chasing or receiving such | news. or such other objectionabIes I action. The decision of the board of directors as to the establish | 5nent of such condition shall be
 final and the fact shall not there
 after be open to question bys a
 member. AssThe president of the Associated Press states that the power reserved in this y-1aw has not been exercised LAS I understand. the complainant dis putes that assertion. It is not neees sary, however, for me to 1eterrnins that issue of fact, since my conclu sion is that this by-Iaw whether i I 1abrogated. am advised by ghs president of the Associated Press 1hai that will be done promptIy
 < The following resolution Of tEls board of directors of the Assoc1a1eS l Press is also pointed to as an obstas i Associated Press obtaining the new I of any rival agency
 I Resolved. That the placing of k an operator of other news
 gathering or distrdb 1atIng assOcia ton in the office of an ociated IS Eress paper is a step which VI be likely to permit tIle news of
 this corporation IS be disclosed
 to unaut thorized pexsans ana so endangers the in baltty of AEe
 news service of the Associated I Press that it is seriously preJu dfciaI to the interest and flare l of this corporation and It 1ae1n-
 bers and the board Of Q directors l by authority of the by avs
 hereby forbid any member of the Associated Press from so placing an operator of any other news gathering or distributing asso- ciation in his office or building. 6Fsebruary 20. 19011.
 Discusses Use of Other Service.
 T am not prepared to say, how ever, that this regulation has no req l sonable relation to a legitimate end I namely, prev enting representative l of rival agencies from coming into possession before publication of news collected by the Associated Press.
 ssNor am I convinced that the regu- Iatfon seriously flinders members o1 the Associated Press desiring to oto- tain the service of another news agency On the contrary my informa- ton is that some of them 10 obtain l news from other agencies, while al the same time complying with this
 
 1 a news agency may serve a newspa- per without an operator in the office Of the newspaper, F refer to the state nent made. to me by the president ot the Associated Press to the effect that many of it's members have neither an operator nor a wire Of the associa- ton directly in their office, but re- ceive the news Items by messengers and other means of communications If my information on these points is incorrect I shall be glad to have ii corrected.
 'sIt is perhaps unnecessary for me to point out that if the Sun Printing and Publishing Association is not sat isfied with the conclusions I have reached it may itself bring suit against the Associated Press either for an injunction or for damages, and