Arizona republican., 1918-12-24
A. P. BEATS
 INTERNATIONAL

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 tered the case with 'unclean hands" through having been guilty of the same practices admitted by the de- fendant. Reviewing the great task of gathering and distributing news-the cost to The Associated Press amount ing to approximately s3,5OOoo0 an- nually. assessed against it's members, and becoming a part of their cost of operation-The opinion discusses the argument of defendant for a right to sell to it's clients or customers, news taken from bulletin boards or early edition newspapers and says:
 Is Unfair Competition.
 'The right of the purchaser of q single newspaper to spread know ledge of is contents gratuitiousy, for any legitimate purpose, not unreason- ably interfering with complainant's right to make merchandise of it, may be admitted; but to transmit that news for commercial use in competi- tion with complainant-wh is what defendant has done and seeks to jus tify-it a very different matter.
 Stripped of all diSguises, the pro- cess amounts to an unauthorized inter- ference with the normal operation of complainant'S legitimate business, pre- cisely at the point where the profit is to be reaped, in order to divert mater ial portion of the profit from these who have earned that, to those who have not; with special advantage to defend ant in the competition, because of the fact that it is not burdened with any part of the expense of gathering the news. The transaction speaks for it. self. and court of equity ought not to hesitate long in characterizing it as unfair competition in business"
 In regard to objections. that the dis trict court failed to be specified in de- fining when the commercial value of news to the complainant and all it's members has passed away" the court said, while not expressing approval of the form adoptee. by the district court, it declined to modify it at this stage, leaving the lower court to deal with the matter.
 Both Parties Appealed
 The Associated Press brought pro- ceedings in this case last January charging that after being expelled from England, Canada and France the In ternational News Service had been offering and selling to it's customers the news gathered by the Associated Press, at great expense for it's mem bers. The federal district court of New York granted injunctions against the bribery of employees and the in ducing of Associated Press papers to furnish news, but refused to restrain the admitted practice of the defendant in systematically pirating news from bulletin boards and early editions, on the ground that while the court was satisfied this practice amounted to un- fair trade. the legal question was one Of first impression. and an injunction should await the outcome of an appeal Both parties appealed. and the circunt court of appeals not only sustained tiAe injunction order issued, but remanded the case with directions to issue an Injunction also against any bodily talk :. Ing of words or substance of com plalnants news until it's commercial value of news has passed away"
 The inJunctions, as granted, techni- cally, are temporary, but they remain in effect unless and until dissolved. If the International News Service desires to proceed further, it may go into the district court with motion to dissolve and ask that the case be heard on it's merits. AS virtually all essential facts were admitted in the preliminary pro. ceedings, there will be little for the court to hear if further proceedings were undertaken.
 Printed copies of the ma jority opin- ion and that of Justices Holmes and McKenna were made public soon after they were delivered. Justice Brandeis delivered verbal abstract of his opinion from the bench, but through a misunderstanding with the printer, he was unable to give out the text.