The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-06-22
Sweeping Victory For
The Associated Press

NEW YORK. June 2i.--Fhs thiS ~.
States circuit court O. -;tppeai> -
granted the full prayer OF the ASE ts,,.,-
Press IN its case aNstihHt M - ,h..
fional SeNN Service and ulFec'eu ~
district court IL issue An in)unC''oa 80
accordance Herewith. The SoulI aA,
I~rh, writ in question treduced 70 tSs
lowest teruas> Restraints de1end.It ~
CD. procuring any asena Oh TO give,
on hermit defendant to take LOT 90
sideratIon, or otherwise. any heMS
ceiyed from or gathered t"r ptei.i' ~. ~
from usine or selling any news 90 20
4ained' The injunction as granted also.
10Y enjoins defendant from procurink
any news paper represented by u lneulot'
Of plaintiff. from violating anS asree
ment established by the charter or os :
laws Of plaintiff. Defendant alleges AS
arro- ths issusnce OF the writ above
outlined. ,-,, -o-
what tho court below granted ana IuE-
Their, that defendant be enoolneo tfo, nr
copying, transmitting, selling. using or
causing to be copied. etc. any or the
news furnished By plaintiff. from bull
letains or newspapers puohsneo pE
member Of plant IN: and also from
competing with plaintiff or ITS Inemo ths
bill Injunction in substantially TINS
form having been refused. plalntius ap-
peal assigns such refusal for error.
under general statute known as the
membership corporation law. an ACT used
for the organization OF clubs ana the
like. It has no capital stock. ITS mem
Eership is selectlve. its business Is ehe
gathering Of news all over the world.
and the very great expense of such ac-
ouisttion and transmission Of inforna-
ton is borne by ratanlo l"ry or assess
rnent upon lrs 'mern oers. Such members
are practically about $50 newspaper
.1,.go Il N
States, but since such owners are ire
.ouertlv corporations. each corporate
contributor must furnish natural per
Son to act as the legal member or TINS
New York corporation. Such natucd'
person is commonly called tae repre-
sentative OF whatever newspaper he
serves.
Defendant is a business corporation
Of New Jersey. has capital STOCK. Is en-
gagged as Il rival in the same business as
plaintiff and seeks profit by selllnS
the news or Information 1t acquires 10
customers. usually newspaper publish
crs.
Some nublicatiors are members OF
tho -tssociatcd>Press and also customers
Of the International. but such double
service is unusual. The parties hereto
arc undoubtedly in keen competition as
are usually the Journals served by one
or tho other in any. given city
News received at u principal office OF
plaintiff IS disseminated by telegraph or
telcphone to members at q distance and
fur tho largest cities at NIL cventS). the
offices OF Journals taking tic fullest or
largest Associated Press. service con-
tains - tr!arh,n" furnished by planting.
Of tn printing 'etHcranh type whereon
The incoming; news Is shown 1utomat-
ically.
Every uewsp paper has Of course n
staff f..r tl.c iiiVcSt iyati"n Of local hap
psnings: if such paper is Il member Of
nlaintin il mag i"' required To furnish
50 other members. ard through plaintiff.
the news Of IFS locality This is an Inn
portant part Of 'h'' 'SSnciated e'rcss
scheme Of news acuuiSit:nn viz: the CO.
operative feature.
"PlaintiG's hy-lawG explicitly forbid
eny mcmh"r from imnarting to anyone
Associated Press news i'm advance or
publirar ion or ~ conduct his business
in such :, manner that such news 90
furnished to him may he communicated
TO any p"r:or firm, corporation or assoc
citation not entitled {" r"reir" rhe same.
re. anyone not in good standing with
and in tho Associated I'rcSS
THE priucipa! facts upon which the
court below faS.d the 81 head Of H.
junction arr. that in Cleveland. o.. -
published - newspaper which has AsSo-
ci1ted Press membership and had for \
corsidcra hl' tim" in it's employ a 'tela-
graph editor who would naturally re-
rcivc. incoming Associated Press items.
THIS man tin accordance with br-la%S)
platntif' Of Clsv"lanI n"wS possessed IF
more than local interest and (properl?)
received pay from plaintiff for So doing.
"Defend1nt corrupted this editor 70
aprrsG its agents nf what nc thus
learned. ard disseminated such news AS
the result ~ is own legitimate labor.
THE second head Of injunction. is
based IN the fact that there Is In New
York City a newspaper which has the
service of both plaintiff and defendant.
In Its publications office is one OF the
printing telegraph machines aforesaid.
and the managers OF said newspaper
were induced to permit agents Of defend
ant. to enter their office. read what was
coming In on the machine and use the
inforpat!on thus acquired the basis
for telcgra phic and other Items. repre-
scented the gatherings ot It's own en-
ployeS from original sources: or at least
they were not otherwise marked or de-
scrihrd.
THE material EactS on which plaintiff
moved for such injunctiv" relief as was
refused below. are undlsputed and rs
follows:
The natural place for receiving news
from Europ" and ftndeed beyond Is the
.Atlantic Seahoard and especially New
York Bulletins and early editions put
out by members Of plaintiff in the sea-
board cities. arc read by agents of the
defendant. and the substance thereof
transmitted by wire westward. sold e.
defendants cuSiomcrS.t and by them
printed. perhaps without any knowledge