Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-03-30
"A. P" WINS OVER
HEARST SERVICE
Injunction Granted by Federal
Judge in New York to Pre-
vent Theft of News.
HOW !. N. S. GOT ITS NEWS
Brief Shows Telegraph Editor
in Cleveland Stole News
and Sold to Rivals.

NEW YORK. March 29.-The ap.
lilcaiion Of the Associated Press for
% writ of Injunction restraining the
International News service from ap-
lropriatins complaindnts news at
any time prior 10 publication Nv com
llainants members, was granted by
Judge Augustus NJ Hand in the fed
eral district court today
As to the right Of the complainant
to an Injunction restraining from the
appropriation Of the complainant's
news after publication, the court
states as follows;
While am personally satisfied aft
or giving the matter most deliberate
and careful consideration that the
right exists to prevent the sale by a
connecting news agency Of news which
Is taken from early publication Of
conn mllainants members before a mf-
ilcicNt time las elapsed 20 afford op-
roitunity for lal publication and
thit the existing practice amounts 10
UNFAIR trade, yet the matter is IF first
impression ana my decision cannot be-
regarded sufficiently free from doubt
TO Justify the granting Of preliminary
injunction upon this branch of tho
case"
Iniun"tion Question OpcE.
The effect Of this opinion is 10
leave open for decision upon final
hearing the question whether the AS
foclated Press is entitled to an iniunc-
ll"n against the appropriation by the
International News service q rtcr its
publications by the members Of tho
Associated Press
On January I the Associated Press,
thru its general counsel, filed a bill
OF complaint in the United States dis
trict court for the southern district
of New York against the international
News Service, alleging that the inter
national News Service was engaged in
piratmg the news of the Associated
Press by bribing employees of the AS
sqciated Press newspapers to give
them the news OF the Associated
Press before publication and also by
taking from Associated Press news
papers, as fast as their various edi-
uons appeared. Associated Press dis
patches ana sending them out as their
own.
A Traitor in Cleveland.
Affdayits in support of the bill of
complaint were filed showing that in
the office of the Evening News of
Cleveland, Ohio, the telegraph editor
-ot the News was secretly in the pay
of the e~lnternatipual News Service and
was furnishing that organization with
the substance Of Associated Press
news dispatches as soon as received
and that I'm the office of the New
York American. representatives, of
the International News Service were
permitted to examine Associated
Press news as fast as received.
II was also disclosed that a number
Of papers receiving the service of the
International News SeI ice followed
almost instantly the appearance of
Associated Press ditpatches with like
kilograms credited to the Interna-
tional News Service, sometime teXtu-
ally repeating them and sometimes
rephrasing them.
The action was not brought under
any copyright law, but upon the prin-
c,ples of unfair competition and the
common-law property right in news
was invoked. The case came on for
argument upon n motion to show
cause why an Injunction should not
he issued. Thereafter numerous atfi-
davits seeking to deny the practices
were filed by the defendants and still
later affidavits i'm rebuttal were pre-
sented by the Associated Press.
Attracted Wide Interest.
Tho cause was submitted to the
court on January so Tho case has
aroused widespread interest beth in
newspaper circles and N the legal
profession In its brief the Associated
Press holds that:
"It IS entirely lmmaterial whether
the defendant gets our news by steal
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