Evening star., 1942-10-27

.t7qsa
trustee under the last will and testa-
ment Of Edward Il. Butler, deceAsed.
Newspapers = Necessity.
az. Deny the averments contained
in paragraph 26.
a.. Deny the averments contained
In paragraph II. .@s.s
~. The following averments con-
tanned In paragraph ~ are true That
newspapers supply 4 necessity and
that their business Affects the ma
tional interest; that public opinion
Is Affected by the extent to which
current, accurate and complete in
formation Of events and conditions
throughout the world Is made avail
able; that the extent Of such An
formation has increased with the
growth In number, range and COM
plexity Of public issues, and that the
dissemination among the American
people Of fresh, accurate and world
wide newsAof current events and
conditions through the instrument
tally Of newspapers Is OF vital i'm
portance to, the national welfare.
The defendants aver that A. p.
was organized for the precise pur-
pose Of making possible the dis
semination Of such news, and that
the co-operative character Of its
organization has been and is di-
rectly responsible for the ac-
complishment of such purpose and
the rendering by A. P. of a, service
which the Government itself ac-
knowledges to be of vital Importance
to the national welfare. The de-
PENDANTS are without knowledge or
information sufficient to form a
belief as to the truth Of the other
averments contained In the said
paragraph.
Is. The following averments con-
tanned in paragraph 43 are true:
That the national policy in favor
Of freedom Of the press requires
that newspapers be unhampered
and unrestrained in selecting the
particular news they choose to pub
l1sh, IN emphasizing 1t and In ex-
pressing any accompanying view
point OF opinion, and that they be
unhampered in their choice of and
free competitive access to the
sources Of news. It is also true that
the sources Of news are the events
which, when reported, become news
itself; they do not embrace the
persons by whom or the means
through which the gathering and
dissemination Of the news are ac-
complished.
The defendants deny that any
public policy does or legally could
require a cooperative news as
sociation to make its news reports
the product Of its expenditure
OF effort, skill and money-available
to any one who might choose to
utilize them. The sources of news
are as freely open to any one and
every one who may desire access to
them as they are to A. P. The
defendants are without knowledge
or information sufficient to form a
belief as to the truth of the other
averments contained in the said
paragraph.
All Have Some Source.
26. Are without knowledge or in
formation sufficient to form a be-
lief as to the truth of the aver
ments contained in the first, third
and fourth sentences Of paragraph
~ ALI daily newspapers IN this
country have access to one or
more news agencies and, in varying
degrees. utilize the services thus
afforded them. A number of in
d1v1dual newspapers and small
groups OF newspapers gather and
distribute large proportion Of the
news Of outstanding world events
printed by them and by others to
whom such newspapers, in turn.
sell the news so gathered and trans
mitted by their individual effort
and initiative. The defendants deny
that the meaning Of the term news
agency" Is correctly averred in the
second sentence Of the said para
graph.
81. The averment contained In
paragraph IS that news agencies
have operated in this country for
more than a century is true. The
defendants are without knowledge
or information sufficient to form a
belief as to the truth Of the other
averments contained in the said
paragraph.
20. Deny the averments contained
in paragraph 46, except that there
is a material difference in the sery-
Ice furnished by A. p. and aver
that some OF the reasons for such
dlherence are stated in paragraph
66 Of the complaint.
20. Deny the averments contained
in the first sentence of paraera oh
47. The defendants are without
knowledge or information suficient
to form belief as to the truth Of
the other averments contained in
the said paragraph.
Not Common Carriers.
Su. Oeny Lne aVefmentS contained
in paragraph 48, and aver that news
agencies are not common carriers or
public utilities. The defendants
further aver that the character Of
A. P.'s organization, which the COM
plant seeks to destroy, is an es-
sential factor in making possible the
continuance of the service which
A. P. now renders.
81. Deny the averments contained
In the third sentence of paragraph
40.
32 Deny the averments contained
in the third, fourth, fifth, seventh
and twelfth sentences of para
graph 81.
80. Deny the averments contained
IN paragraph 50. and for the true
purport and meaning Of the con-
tracts mentioned therein, refer to
the originals thereof to be produced
at the trial.
"a. Deny the averments contained
in paragraph Sc. and, for the true
purport and meaning of the bylaws
mentioned therein, refer to copies
thereof attached to the complaint
as exhibits c, d and E.
IS. Deny the averments contained
in the first sentence of paragraph
W.