New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-30
Associated Press
Wins Injunction
Against Hearst
International Service Is Re
strained from Appro-
priating News
Acts Called "Unfair"
Judge Hand Flags Practice OF
Selling News of Com
petitors

Judge Augustus n. Hand, in the FED
ernl District Court, issued a premium
mary injunction yesterday restraining
the international News Service from
appropriating Associated Press news
at any time prior 10 publication.
As TO second plea of The Associated
Press-that the international News. or
Hearst service. be restrained from TAX
ing news from early editions OF the
Associated Press newspapers and SELL
ing il to other newspapers as IT'S own
Judge Hand held that. while he was
convinced such a practice constituted
unfair trade" his mind was not sum
eien,ly free from doubt to permit him
10 grant restraining order at this
time
Judge Hand acquitted The Associated
Press Of the charge that 1t was appeal
inc 20 a court Of equity with "unesesH
hands" Il had been asserted by the
Irtsrnational News Service that me
Associated Press had been guilty OF
the same practices as those for when
n asked the restraining order against
its competitor.
Alleged Pirating Of News
The Associated Press filed bill ,ol
comnlaint in the United States District
Court here on January 4, in which "
charged that the international News
Service was pirating the news by bid
inc employees of Associated Press
nspers 10 give them the news before
publication. and by copying Associated
Press news from early editions OF
newspapers and selling II elsewhere
Afidavits supporting the bill wers
fled. showing that IN the once OF
The Evening News" Of Cleveland the
telegraph editor was secretly IN tue
nav OF the international News service
and was furnishing that organization
with the substance Of the Associates
Press dispatches as soon as received
and that in the oiice OF Inc ne"
York American" representatives OF the
international News Service were per-
mitted 10 examine the Associated fress
news as soon as received.
LAWYERS for the international News
Service argued that il such things had
been done by employees Of the organiza-
ton il was in violation OF the explicit
orders Of its officials. They added. how
ever. that they had the right 70 make
such use Of the news II they 20 desired.
Serious Infraction of Rights
81 should be inclined 20 take this
view" said Judge Hand, were It not
for the fact that the conduct OF the rep
resentatiyes OF the defendant in re-
sponsible positions has shown such
serious and systematic infraction or
complsinant's rights, m nurereas
cases specifed IN careful detail, that
cannot think anything less than an IN
junction sufficient 10 meet the sftus-
ton. Furthermore, the defendant, III
understand its argument, still insists
upon It's rights 10 obtain the Cleveland
local news in the manner heretofore
practiced.' I-
Concerning the second phase OF the
complaint Of The Associated Press,
Judge Hand said: -0r
"While ! am personally satisfied,
after giving the matter most deliberate
and careful consideration, that the
RICH. exists 20 prevent the sale by
competing news agency OF news which
~ taken from early publications Of
complainant's members. before suf'-
cient time has elapsed TO afford oppor.
tunity for general publication, and
that the existing practice amounts TO
unfair trade. yet the matter il one OF
first impression and my decision can
not be regarded az sufficiently free
from doubt to justify granting a pre-
liminary injunction upon this branch
OF the cage"