Pine Bluff daily graphic., 1918-12-24
MRS. w. T. LOWE.

opinion discusses the argument of the defendant for a right to sell to it's clients or customers news taken from papers, and says:
 "The right of the purchaser of a single newspaper to spread knoWl- edgo of it's contents gratultlously, for any legitimate purpose not unreaSon- ably interfering with complainant $
 right to make merchandise of it, may be submitted, but to transmit that
 pews for commercial use, in competL
 tion with cOmplainamt-whi the de-
 fendant has done, and seeks to Justi-
 ty---is a very different matter.
 Stripped of all disguise, the pro-
 cess amounts to an unauthorized ln- terference with the normal operation of complainant.S legitimate business, precisely at the point where the prof. it is to be reaped in order to dl-
 vert material portion of the profit from those who have earned that to those who have not; with special ad- vantage to defendant in the compe- tition of gathering the news. The transaction speaks for itself, and q court of equity ought not to hesl- tate long in characterizing it as un- fair competition in business"
 In regard to objections that the Dis trict Court fails to be specific i'll de fining when the commercial valUe of news to the 'Complainant and all it's matters has passed away" the court said while not expressing approval of the form adopted by the district court, it declined D modify it at this stage leaving the lower court to deal with the matter.
 The Associated Press brought pro- ceedings in this case last January charging that after being expelled from England, Canada and France, the International News Service had been pirating and selling to it's GUS toners the news gathered by the Asso- ciated Press at a great expense, tor its members. The federal district court of New York granted injunctions against the bribery of employees and the inducing of Associated Press pa- pers to furnish, but refused to re- strain the admitted practice of the in systematically pirating news from bulletin boards and early editions on the ground that while the court was satisfied this practice amounted to unfair trade, the legal question was one of first impression and an injunction should await the outcome of an appeal. Both parties appealed, and the circuit court of ap- calls not only sustained the injunction order issued, but remanded the case with directions to "isue an injunction also against any bodily taking ot words or substance of complainant s news until it's commercial value of news has passed away.
 The injunctions as granted technl- cally are temporary but they remaln in effect unless and until dissolved If the International News Service de- sires to proceed further it may go into the district court with a motion to dissolve and ask that the case De heard on its merits. As virtually all and the facts were admitted In the preliminary proceedings there would be little for the court to hear II fur- ther proceedings were undertaken.
 Printed copies of the majority opln,, ion and that of Justices Holmes and McKenna were made public soon after they were delivered, Justice Brandels delivered al verbal abstract ot ms opinion from the bench. but through a misunderstanding with the printer he was unable to give out the text