Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-03-18

SuCu uil uSSoCihtlOn might NOT ucNclOp
! into an unlawful monopoly. The facts
adduced. however, In my opinion, dc not
show that that has happened in the
case OF tho Associated Press
This disposes OF the second ard
| third grounds OF complaint based on
! requirement that members OF the asso-
| citation shall not furnish the news col
| lected by them to any one outside the
association, and on the restrictions as
! to membership.
| "As regards the frst ground OF COM
plant. assuming as do the collection
and distribution OF news among the
| several States is interstate trade or
| commerce. any by-lnw or other regula-
ton adopted by the Associated Press
which would have the effect Of pre-
venting or seriously hinderng its mem
4 bors from purchasing or otherwise OBJ
tanning news from a rival agency
/ would be- l think. u restraint upon In
! terstate trade or commerce and an at
| tempt to monopolize. The contention
! that tho Associated Press has Imposed
such a regulation upon its member
ship. or at least has tho power to do
| SO. has a foundation In section Of
Article VIII. OF the bylaws. which reads
AZ follows:
1 Experience having shown that ii Is
! very difficult. il not Impossible. TO
avoid or prevent violation of the rules
! prescribed by the last preceding sec
! tion. or 10 detect or prove any such
! tod to purchase news from other asso-
cations. and that such purchase may
| b" seriously pretudicial to the interest
and welfare OF this corporation aud it's
members, the board OF directors may,
IN their discretion. forbid the mem
bers to purchase Intelligence from any
other such association.
! When the board o! directors. by a
vote OF two-thirds of all its members.
shall decide and notify any member
+ that the purchase or receipt OF news
from any other person. Arm, corpora
| ton or association not member Of
! this corporation. or represented In this
! corporation by member or any other
action By such member. establishes n
' condition that will be likely to permit
| the news OF the corporation TO be dis
closed to unauthorized persons. such
member shall Immediately discon-
| tinue purchasing or receiving such
news, or such other Objectionable &C
ton. The decision OF the board OF d.
! rectors as to the establishment OF such
I condition shall be final. and the fact
shall not thereafter be open to ques-
! tion by a member
/ The president Of the Associated
! Press states that the power reserved in
/ this bylaw has not been exercised AS
| understand the complainant il dis
/ putes that assertion. 1t is not neces-
| sarE. however, for me to determine
I that Issue OF fact. since my conclusion
enforced or NOT, should be abrogated
Am advised b" the president OF the AS
J ISOLATED Press that that viii be done
/ promptly.
REsoLUTIoN NO OBSTACLE
/ TO SECURING OF NEWS
! The following resolution OF the
board Of directors OF the Associated
/ Press is also pointed TO as an obsta Gle
| in tn" way OF the members Of tho AS
sociated Press obtaining news OF any
! rival agency:
! Resolved. That the placing OF an
operator OF any other news gathering
or distributing association In the offlcc
/ OF an Associated Press paper Is a step
, which Establishes a condition which
| VIII be likely TO permit rhe news OF
/ this corporation TO be = sclosed to
unauthorized persons, and SO cndan
gers the invic' ability Of the news SER
/ vice o, the : ISOLATED Press that il Is
. seriously prcjudi cial 10 the interest
and welfare OF this corporation and
/ It's members, and the board OF direc-
I tors. by authority OF the bylaws, here
F! by forh!d any member Of the Associated
/ Press from placing an operator or any
other news gathering or distributing
association III his office or building
| 'February 90. l90i).'
Fl am not prepared 10 say. however.
| that this regulation has no reasonable
/ relation 20 a legitimate end namely
preventing representatives OF rival
agencies from coming into possession
, before publ! cation OF news collected by
the Associated Press
! Nor am ! convinced that tho regu-
I lat!on, seriously binders members OF
| the Associated Press desiring to obtain
( the service OF another news agency
/ On the contrary, my Information is
! that some of them do obtain news
from other agencies. while at the same
time complying with this regulation.
As further showing that a news agency
may serve newspaper without an
I operator in the Office OF the newspaper
! refer 10 tho statement made TO me
/ by the president OF the Associated Press
to the effect that many or its members
| have neither an operator nor wire OF
! the association directly In their Offices
but receive the news times by messsn-
gers and other means OF communlca-
! ton. II my Information on these points
/ Is incorrect, shall be glad TO have it
! corrected.
1T is perhaps unnecessary for me TO
! point out that II the sun Printing and
| Publishing Association is not satisfied
with the conclusions have reached
1t may itself bring suit against the AS
ISOLATED Press. either for an injunc-
! ton or for damages, and thereby OBJ
tain judicial determination as 10
the merits OF its complaint.
"Regretting that the pressure OF
| other business entitled to priority as
+ to time OF consideration has prevented
an earlier disposition OF this complaint
! ! am, Sincerely yours,
| tSigned) 1T. W. GREGORY.
Attorney General"
MOVES is GRATIFIED
\ BY GREGORYfS OPINION
! Frank Is. Noyes. president OF the AS
ISOLATED Press, referring TO the attor-
! ney-generars letter, said:
The clean bill OF health given the
Associated Press by the Attorney Cen
eral after his study OF the complaint Of
the New York Sun. is, of course, highly
gratifying Ia the membership Of the or
ERnizatiOn.
F., 1T is the more gratifying because IT
was the result of n long, careful and
! searching scrutiny by the Department
| OF Justice OF the object and form Of the
organization. It's scope and its methods.
| ''It Is convincing proof of the utter
| lack OF foundation Of such attacks as
that OF the Sun that SUCH an investiga-
| ton found nothing in the methods and
Y ~ ~ ~ t..