Evening star., 1942-10-22
Associated Press Suit
Weakens War Effort,
House Is Told
Michener Asserts Churqe
Of Monopoly Is Threot
To Services Standards
By the Associated Press,

By the Associated Press.
~ Hope that the Justice Department
would discontinue its antitrust suit
against the Associated Press "and
all other similar disturbing proceed
ings for the duration of the
war at least" was expressed in the
House yesterday by Representative
Michener, Republican, of Michigan,
who said:
"It seems clear to me that the
Associated Press IS not a monopoly
as the Government claims"
why should disturbing lawsuits
of this kind be injected into the
national picture wherf every ounce
< of the energy and every influence OF
$ our people should be devoted to the
one objective of going forward with
the WARP" he said adding:
TT is bad public policy to irritate
and alarm the press. and threaten to
break down this great news organ
ization, at critical time when so
much depends upon the newspapers.
and when so much is asked and
expected of them"
Government Control Feared.
As he understood the situation,
Mr.. Michener said, the Justice De-
partment's two most important con-
tentions we're:
!. That the Associated Press has
no legal right to choose its member
ship and to reject applicants that it
! does not want to elect but must
furnish its services to all publishers
who desire it.
2. That the Associated Press has
no right to require its members to
! furnish local news exclusively to the
Associated Press.
II the Justice Departments con-
, tentions are sustained, he said, the
effects would be:
Il. The Associated Press, having
q become in effect'a public utility or
common carrier, would have to serve
all publicatio tons that could be called
newspapers, including those that it
might deem undesirable or discred-
liable. and individual publishers
whose attitude toward the Associated
Press was hostile or obnoxious.
%. 1t having become public
utility or common carrier, the Gov
ernment might try to exercise some
form of regulation or control. This
might seem impossible under the
first amendment to the Constitution,
but If the courts gave the Associated
Press that status. they might log
ically hold that some degree of con-
troll would also be legal.
IS. The Associated Press. having
lost both control and discipline over
its members, its high standards
would decline and disintegrate for
those standards have been built up
and maintained largely because it
has been! able to choose worthy
members snd to enforce the rules
that are necessary to produce an
accurate and unbiased news report.
a 1t would allow new competi-
tor, however unworthy or malicious
he might be. to have the same serv-
ice that an existing member has In
q given city, and thus to share with
out cost the goodwill and prestige of
the Associated Press service which
the existing member had built up
over many years"
TT is practically impossible for
anybody to have monopoly of news |
gathering or distribution" he said, !
for the reason that any one else is !
free to obtain all the news and is |
equally free to use the same means
of distribution" s..
Injustice Pointed Out.
Pointing out there are several
other news-gathering agencies, he
said.
Throwing open the Associated
Press membership does not of itself
create competitive danger to ex-
listing Associated Press papers. But
it would work great competitive
injustice to the existing members
by allowing competitors to share
without cost the prestige and good
will of the Associated Press service
which it has built up in a COM
munity.
Even shopping news might
qualify as newspaper to get the
full Associated Press report.
Thus competitor could step into
the field Of. say, the Herald, sponge
on the good will of the Associated
Press service which the Herald had
built up for 40 years and proclaim
to the public: Look! We have the
identical news service that the Her.
aid has, the great Associated Press
service which all the people of this
city know is unsurpassed in excel
lence.'"
Regardless of the motives back Of
the law suit" he said, Il am sure
that most OF our people feel it is i'll
timed and most unfortunate in this