The Birmingham age-herald., 1917-06-22

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 ''The writ in question (reduced to it's lowest terms) restraints defendant from CD procuring any agent or em- ploye of plaintiff or any of its mem pers, to give, or permit defendant to take for consideration or otherwise any news received from or gathered for plaintiff, and from using or sell Ing any news so obtained The in- Junction as granted also CD enjoins defendant from procuring any newspa- per represented by a member of plain tiff, from violating any agreement es- tablished by the charter or bylaws of plaintiff. Defendant alleges as error the issuance of the writ above out lined
 WHAT PLAINTIFF ASKED
 Plaintiffs motion for relief asked for what the court below granted and further that defendant be enjoined from copying, transmitting, selling, or causing to be copied, etc. any of the news furnished by plaintiff, from bull letins or newspapers published by d member of plaintiff; and also from competing with plaintiff or it's mein- bers by the unfair methods set forth in the bill. Injuction in substantially this form having been refused. plain- tiffs appeal assigns such refusal for error.
 Plaintiff is chartered by New York under general statute known as the membership corporation law-an act used for the organization of clubs and the like It has no capital stock, it's membership is selective, it's business is the gathering of news all over the world, and the very great expense of such acquisition and transmission of information is borne by ratable levy or assessment upon it's members Such members are practically about 950 newspaper owners distributed over the United States. but since such owners are frequently corporations, each cor porate contributor must furnish nat ural person to act as the legal mem Der of this New York corporation Such natural person is commonly called the Representative of whatever newspaper he serves.
 BUSINESS CORPORATION
 Defendant is a business corporation of New Jersey, has capital stock, IS engaged as rival in the same busI- ness as plaintiff, and seeks a profit by selling the news or information it acquires, to customers, usually newspaper publishers.
 Some publications are members of the Associated Press and also custom CTS of the International, but such dou- ble service is unusual. The parties hereto are undoubtedly in keen com petition, as are usually the journals served by one or the other in any given city.
 News received at principal office of plaintiff is disseminated by tele- graph or telephone to members at a distance and Gin the large cities at all evtnts, the offices of Journals taking the fullest or largest Associated Press service contain machine Furnished by plaintiff of the printing telegraph type, whereon the incoming news is shown automatically.
 COOPERATIVE FEATURE
 Every newspaper has, of course 8 staff for the investigation of local happenings; if such paper is mem Der of plaintiff it may be required to furnish to other members and through plaintiff the news of it's locality. This is an important part of the Associated Press scheme of news acquisition, viz: the cooperative feature.
 Plaintiffs by-laws explicitly for bid any member from imparting to any one Associated Press news in ad vance of publication or to conduct his business in such manner that such news so furnished to him may be com municated to any person, firm, cor poration or association not entitled to receive the same i. e., any one not in good standing with the Associated Press. Press.
 The principal facts upon which the court below based the first head of injunction are, that fin Cleveland, O., is published newspaper which has Associated Press membership, and had for a considerable time in it's employ telegraph editor who would natur- ally receive incoming Associated Press items. This man Gin accordance with by-laws) was charged with the trans 1- : -