The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-19
ASSOCIATED PRESS 0BEYS LAW
SAYS. ATTORNEY GENERAL GREGORY

,s~-e~1S~c~ees~-.r-oe.e.eS1os
Of selling intelligence, nor traffc in
the same.
G''Those eligible for membership are
thus described in the bylaws, Articles
II, Section l:
The sole or the part owner OF a
newspaper, or. an executive officer OF
corporation, limited liability com.
pany or joint stock or other associa.
tion which Is the owner OF "a news.
paper shall be eligible as a member
OF this corporation, in the way anu
upon and subject to the conditions
and limitations hereinafter specified,
provided that not more than one per.
son at time shall be eligible by rea.
son Of connection with any newspaper.
No other person shall be eligible.
Members may be elected by the
affirmative vote Of not less than four.
fifths OF all the members OF the cor
poratlon tby.laws, Art. III, Sec. ~
Members may also be elected by
the board OF directors, when no meet.
Ing Of the members OF the corporation
Is in session, but no applicant for.
membership eau be elected by the d..
rectors over the opposition of any
member entitled to the right of pro.
test Tart. III, Sec. q. The right OF
protest is the right TO object to the
admission of new members from a
given territorial district Cart. III,
Sec. 81. II can only be conferred by
the affirmative vote OF seven.eighths
of all the members tart. III, Sec. g..
1.-THE right OK protest has no appll-
cation the eleation of applicants by
four-lifths vote OF the members
themselves.
Each member is entitled to one
vote by virtue OF his membership
/ Tart. VII, Sec. y, and also vote for
each S25 of the bonds OF the associa.
tion registered in his name up to
$1,000, provided he waive interest on
the bonds (Art. XII. Sec. 81.
1.-THE affairs of tho corporation are
managed by 10 directors, who are
elected by members Of the corpora.
ton and must themselves be members
Cart. v, Secs. 1, 2,4).
THE cost of maintaining the news
service of the corporation and all
other expenses OF the corporation are
apportioned among tho members by
the board OF directors In such manner
as II may deem equitable TART. IN,
Sec. y.
Broadly stated the news distrI.
buted by The Associated Press comes
to 1t In two ways: First, from the re.
ports made to It by the various mem.
bers OF happenings in their respective
localities; and, second, from cores
pondents, reporters and other agencies
employed by 1t directly. The news or
the world thus brought together IS
then distributed by The Associated
Press to its members, principally, OF
course, by telegraph. To that end it
leases and operates in the neighbor.
hood OF 80 900 miles of telegraph lines.
"The principal grounds of COM
plant are:
81. That the members of The Assn.
ciated Press are prevented, or at least,
seriously hindered from obtaining
news by purchase or otherwise from
any rival agency.
"2. That the members Of The AS.
ISOLATED Press are prohibited from
furnishing the news collected by them
respectively to any newspaper which
is not member.
"3. That through the operation OF
the right OF protest above described
newspaper in given locality ap
plying for membership cannot be
elected without the consent OF the
members in that locality.
Assuming that the kind OF service
In which The Associated Press is en-.
gagged Is interstate commerce "a ques.
ton not free from doubt, ] am never
theless OF the opinion that 1t Is no
violation of the antitrust act for a
group OF newspapers to form an asso-.
citation TO collest and distribute news
for their common benefit and to that
end to agree to furnish the ncws col.
lected by them only to each other or
to the association; provided that no
attempt is made to prevent members
from purchasing or otherwise obtain.
ing news from rival agencies. And
IL that Is true the corollary must be
true, namely, that newspapers desir-
ing to form and maintain such an or.
ganization may determine who shall
be and who shall not be their assocl-
ates."