Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1917-06-22
International News Service Is
Enjoined by u, S, Circuit
Court From PurIoining News
From Its Competitor,
HISTORY OF THE CASE
THOROUGHLY REVIEWED
Agencies Engaged in Gather
ing Accounts of Daily Hap
penings Are Entitled to Pro-
lection, Decision,
,sY MORNING JOURNAL srtcta. tssssp w'asI


New York. June 2L-The United
States circuit court of appeals today
granted the full prayer of the Asso-
ciated Press in the case against the
International News Service and di-
rected the district court to issue an
Injunction in accordance herewith.
in reviewing the facts of the case,
the court says:
"The writ in question, reduced to
it's lowest terms, restraints defendant
from G) procuring an agent or en-
ploye of plaintiff or any of its mem
bers to give, or to permit defendant
to take for consideration or other
wise any news received from or
gathered for plaintiff and from using
or selling any news so obtained
The injunction as granted also enJolns
defendant CD from procuring any
newspaper represented by member
of plaintiff from violating ann agree
ment established by the charter or
bylaws of plaintiff Defendant alleg-
ed as error the issuance of the writ
above outlined.
Plaintiffs motion for relief asked
for what the court below granted,
and further that defendant be en-
joined from copying. Transmitting,
selling, using, or causing to be cop
led, etc., any of the news furnished
by plaintiff, from bulletins or news
papers published by member OF
plaintiff; and also from competing
with plaintiffs or its members by the
unfair methods set forth in the bill.
Injunction in substantially this form
having refused. plaintiffs appeal as
signs such refusal for error.
Chartered by New York.
plaintiff is chartered by New
York, under a general statute known
as the Membership corporation law
an act used for the organization
of clubs and the like. 1t has no cap
ital stock, its membership is selective
its business is the gathering news
all over the world and the very great
expense of such acquisition and trans
mission of information is borne by
ratable levy or assessment upon its
members
Defendant is a business corpo-
ration of New Jersey, has capital
stock, is engaged as rival in the same
business as plaintiff and seeks prof
it by selling the news or information
it acquires to customers, usually
newspaper publishers.
Some publications are members of
the Associated Press and also Gus
toners of the International, but such
double service is unusual. The par
ties hereto are undoubtedly in keen
competition. as are usually the jour
any given CITY,
News received at the principal Of
flee of the plaintiff is disseminated
by telegraph or telephone at dis
tance and In the largest cities at all
events, the offices of journals
taking the fullest or largest Associat-
ed Press service, contain machine
FURNISHED by plaintiff) of the print
ing telegraph type, whereon the in
coming news is shown automa tically.
The Cooperative Feature.
Every newspaper may be required
TO furnish to other members, and
through plaintiff, the news of its To-
cality. This is an important part Of
the Associated Press scheme of news
acquition, viz: The cooperative fea-
ture.
plaintiffs bylaws explicitly forbid
any member from imparting to any
one Associated Press news in advance
of publication or to conduct his bus
mess in such o manner that such
news so furnished 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 and in the Asso-
ciated Press.
The principal facts upon which
the court below based the first head
of injunction are. that in Cleveland,
Ohio, is published newspaper which
has Associated Press membership.
and ahd for a considerable time
in its employ a telegraph editor
who would naturally receive incom-
ing Associated Press items. This man
Tin accordance with bylaws) was
charged with the transmission to
plaintiff Of Cleveland news possessed
of more than local interest and (prop-
erly) received pay from plaintiff for
so doing.
Editor Corrupted.
Defendant corrupted this editor to
apprise it's agents of what he thus
learned and dissinated such news
as the result OF its own legitimate
labor.
The second head Of Injunction is
based on the fact that there Is in
New York City published a