Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-05-03
A. P.-HEARST
ARGUMENTS
CONTINUED
Senator Johnson to Make
Closing Arguments For
Hearst Service.

Washington. May 3.-Arguments
were resumed today in tho supreme
court in proceedings brought by the
international News Service to have set
aside injunctions restraining that or
ganization from pirating the Associ-
ated Press news. Samuel Untermyer
Of New York, representing the Inter-
opening statement yesterday. con-
cluding shortly after the court re-
convened and was followed by Freder-
ick W. Lehman of st. Louis, repre-
senting. the Associated Press, who
asked the court to sustain the lower
court decress. Senator johnson of
California was to make the closing
arguments for the International News
Service.
Ichmann's Argument.
Making the argument in the su-
preme court today for the Associated
Press in its suit to enjoin the Inter-
national News Service from pirating
it's news dispatches, Frederick w.
Lehman of St. Louis contended for
the property rights in news and asked
the court to make permanent the in
functions granted by lower federal
courts to end the practice which he
characterized as "piratical and un-
lawful"
News. as disseminated by the
many journals of the country Mr..
lehman argued, sis powerful to
shape public conduct. II its influence
than upon the side of evil, the busi-
ness must be in clean hands and con-
Quoted by honest methods. If IL
comes to the public from tainted
sources and by tainted means. the
news itself will not escape contamina.
ton"
! Mr., Lehman presented arguments
at length and referred to decisions tc
uphold the contention that publica.
ton of news does not relinquish the
property right in it.
News is unlike any material com.
4 modify" said he. I'm the field oi
general news. whether it is gathered
and disseminated by cooperative
association of newspapers or by ar
i agency conducted for pecuniary profit
it is obvious that the paper which !.
permitted simply to appropriate the
news without payment of any kind
1 7tcompetitor who had paid, for it or hat
q shared in the labor and pains O.
/ getting it. = atSt N'SE 'Ah..S5 .6 =
" ~, Conditions Worse.
"In the case of newspapers pub
lished in the, west, the condition!
would be worse Because electricit,
outruns the apparent movement of tn,
sun. we can clip the news appearing
in the New York morning paper ant
J send it to any paper in the Mississippi
valley, or to the west of that. in ampl,
time for publication in the regulal
; and even in the first editions.
ANY person doing this would hav'
great advantage over the Associated
! Press. What the Associated Pres
got through the diligence and DARN,
of its correspondents at more thar
one battle front and at the additiona
cost of transmission by, cable across
the Atlantic this man would get sitting
securely at safe desk in New Yorl
by the mere use of a pair of SCISSORS
May the product of the new
Press intended so far as concern
current publication in the daily pa
pers, exclusively for. its own members
be appropriated in the manner sug
gested, by the International New
Service and sold by it in the cours,
and conduct of its business as new
agency in competition with the Asso
ciated Press?
THAT is the question presented b.
this case. and it is answered by coun
sci for the International News Servic,
boldly in the affirmative.
News. they say. is an account O
facts and events, and in facts ant
!. events no one can have any exclusive
right. This is conceded. But tn,
facts and events themselves are no
news. The report of them is news
Before the fact can be reported 4
must be /ascertained Somebody mus
be where he can get knowledge Of 1t
and he must be a person of intelli
gence and experience. competent t,
determine whether what has hap
pened is Of interest and importance
enough to constitute news. and h,
must provide for prompt transmission
or conveyance of the information h,
has gotten to the place where it will
be put in course Of distribution 70
publication as part 6f the days news