New-York tribune., 1919-01-17

not be supplied by said members
through the American News Company
agencies unless all orders for all pa
pers were taken out as usual and the
affidavit of Louis Wiley, the business
manager of she New York Times Com
pany, at folio 18 thereof states the
matter was made the subject of confer
ences between representatives of "The
Times" and representatives. of other
New York papers, and. as a result of
such conferences, it was decided, as a
defensive matter, that the publishers
thus threatened would refuse to sell
their newspapers to any newsdealer
who inaugurated a strike by boycott
and refusing to handle any one Or more
Of such newspapers that in
order to give effect to the decision
reached by the publishers
the Publishers Association was re-
quested by the interested publishers
to notify the American News Company
that their papers were not to be sup
Piled to the newsdealers through the
agency of the American News Company
unless all orders for all papers should
be taken out as usual
Says Law Was Violated
an the affidavit of Don C. Seitz, the
business manager of The New York
World it is stated that deponent
joined in the acten of other publishers
in refusing to sell and deliver The
World to the plaintiff or other dealers
who refused to handle other New York
papers, and other publishers made sim
liar affidavits.
at therefore seems to be clearly es-
tablished that, if this motion be de-
MED, and if the plaintiff shall, pending
the trial of this action, persist in his
refusal to receive and offer for sale
copies of The New York American
and of 'The New York Evening Jour
nal upon the same scale and display
ing them upon his stand in the same
manner to which he was formerly ac-
customed to order and display such
papers, the defendants, other than the
star Company, will refuse to sell to the
plaintiff copies Of their respective pub
lications."
"It is urged, on behalf of the plain
TIL, that the acts of the defendants vio-
lated the provisions of section $40 of
the general business law and Of section
IA OF the stock corporation law, and of
SUBDIVISIONS 5 and Of section $50 of
the penal law.
"The plaintiff contends that the ac-
ton of the defendants, other than the
Star Company, in refusing to supply
him with their publications unless he
shall continue to purchase fixed nun,
ber of copies daily of The New York
American and of The New York Even
ing. Journal is an unlawful conspiracy
and combination to prevent him from
exercising free conduct and control
over his business.
THE defendants contend that there
is nothing illegal in their actions; that
they are actuated simply and solely bv
desire to protect themselves against
what they believe to be plan on the
part of the plaintiff and other news
dealers to indulge in boycott against
such Of the papers as refuse to reduce
the. wholesale price from S1.4O per 100
to $1.20 per 100. and that the Star Com
pany was selected as the first of n
series of victims of such boycott.
"1f the plaintiff be right in his con-
tention then l think he would be en-.
titled to the judgment for which he
asks
ut is vigorously urged in the able
and voluminous briefs of the defend
ants that, in refusing to sell their
papers to the plaintiff, unless he shall