The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-06-22


basis for defendants despatch is te.'g.).
bulletin posted i'll New York by
,neInbe OF plaintiff, rs the result OF
plaintiffs efforts: and certainly without
any such Information given them by de-
PENDANT.
That this practice obtains. the an
swer admits. and justifleS the same AZ
matter, Of law, while alleging tin sub
stauce) that it Is no more than a part OF :
legitimate .outgrowth OF the newspaper
habit Of utilizing tips ,.,
This word signifies bare ultima
ton that something has happened. When
such tip has been verified by lndepen-
dent investigation on the part OF the
person receiving IL, the facts may DC ana
are disseminated as discovered by the
journal or news agency getting the tip
This practice may. we believe ne re-
Sarded as universal in news gathering
circles.
Tribute to Stone.
WASHINGTON. June Zl.-tra rank q
Noyes, president OF the Associated
Press. explains the significance Oh 'fe
The broad effect OF this decision is to
establish the right of the Associated
Press and OF every other newsSatherlns
agency to enjoy the fruit OF It's IN
dustry. expenditure and enterprise. Inc
Injunction against The securing or our ,
news By corruption Of employees and by
surrcptitiouS theft required. OF course.
only to prove that these means were
being employed. but the concern mus
enJoined contended that after AsSoci-
ated rPrcss news was printed In one
newspaper or placed OIL one outieli, !
board all right Of property vanished aGd
thai il could be- freely taken and sold
in compet ition with the Associated Press
and with It's Individual members who
had paid for its original Sathcrlns'
Greatly TO our satisfaction tne court mas
decided that such contention IS SUD-
vrrSjre n funIa mental Justice.
> This proceeding has greatly adooo
10 the debt IF the honorable newspapers
OF the country 10 Melville T. stone; ING
f res For Years. Mr.. Stone has in:
sisted that the plrating OF news couto
be stopped by an application 10 courts ;
Of equity; that no such court "ou QUO
after the gross wrong done by sucn
pirating had been adequately explained
10 It, permit it to continue and In the
decision Just given his long held opln-
ion has been trtumphantly rlndicatetii
PREPARATION Of the case by him
'Nhat is before us and on the plead
ires is, waether it Is lawful. and II IN
lawful. whether equity affords rSmeo!:
for the. admitted prac 1., or ma nSot earIv
editions, the result Of PLAINTIFFS labors'
and selling or otherwise gainfuliy USING
the same, either in the plaintins FORM
or after passing it under the hand OF
'rewritc' man.
Defendant justifcs bodily appropria-
ton without independent 1nvesti CATION
because. ~. all plaintiff ever has IN
possession or for communlcation are
facts: t2). all defendant taxes are tact =,
and, (3) there. can DO, no property IN
facts. but (H, If there b. any Such
property it is lost the instant any mem
Der plaintiff in accordance with us own
rules publishes said facts by showing
bulletin or distributing an edition.
plaintiff. replied that 1t is ta) untrue
that facts alone constitute its STOCK IN
trade: it deals in news; and to) IN newa
there is q property right Recognized oy
reason and authority. Further. (c), Sucn
property right ensures to and persists IN
the plaintiffs entity and each one OF It's
members. and Cd is not exhausted by
the act Of a single member. which act
is te) improperly called by defendant
publication. a word Inappropriate to
news. which is not literary property.
Finally Cd plaintiff complains OF de-
PENDANTS admitted practices as unfair
IL, 2, ~ With the existence Of a
truth: with physical facts per Sc. neith-
or plaintiff nor defendant Is con-
cerned: for them facts in that abso- !
lutte sense are but as ore In noun
less and until by labor mined OF
caught for use. Nor are facts. even
after nscertainment. news. unless they
have that indefinable quality Of inter
Neither is news always SYNONYMOUS
with facts. in the sense Of verify: in
deed much news ultimately proves ftc-
tttiouS-yet 1t is excellent news not
withstentling. The word means no more
flaying aside hoaXirE and intentional
falsehooD than apparently authentic
reports OF current events OF interest.
since Ito summarize the matter)
any bodily taking for sale of PLAINTIFFS
news, without other labor than the
perception thereof. before the reason
able reward of Industry was secured as
above indicated. was an unlawful IN
vasion of property rights: and any sale
thereof in competition with plaintiff
under pretense of individual gathering
thereof was tort Of the nature OF
unfair competition. the plaintiffs mo-
tion for injunction should have been
granted substantially as made.
The order appealed from In modi-
fled. as indicated, and the cause re-
mauded with directions to Issue in:
functions against any bodily taking or
the words or substance Of plaintiffs
tkws until its commercial value as
news has in the opinion of the district
court passed away. The exact form or
words to be used. and the insertion or
omission OF a definite time limit on
copying and sale. will be settled In the
coi,rt below in any manner not neon
Sistent with this opinion. One Dill or
costs In this court TO plaintiff.