Evening star., 1942-08-29

cess to A. rs news-picture service a.
well as its news reports. This has
proved great competitive disad-
vantage not only because of the
merits OF this service but also be-
cause exclusive regional contracts
made with competing newspapers
by the only two other services fur
nishing newspapers with national
coverage In news pictures have pre-
vented the Chicago Sun from OBJ
tanning news pictures from these
other agencies.
Only Morning Newspaper
In Chicago Was the Tribune.
1o6. At the time that the Chicago
Sun began publication. as well as
for two years prior thereto, the Chi
cago Daily Tribune. which has the
second largest circulation of any
American newspaper, was the only
morning newspaper published in
Chicago, except the specialized Chi
cago Journal of Commerce average
circulation in 1941. 2l,170). This
newspaper therefore had. prior to
the advent of the Chicago Sun.
monopoly of the morning field not
only in the second largest city In the
country but also in that large area
OF the Middle West which is tribu-
tary to Chicago in respect to morn
ing delivery of a metropolitan news
paper. There was therefore avail
able to newspaper readers In this
important territory only one morn
ing metropolitan paper. No alter
native choice was offered this vast
reader audience however deficient
or biased such newspaper might be.
or might be thought to be, in its
treatment of the news and In the
viewpoint set forth in its news and
editorial columns. Defendants COM
bination serves to perpetuate these
unwholesome monopoly conditions
to the extent to withholding A. P.'s
news service from the Chicago Daily
Trtbune's competitor prevents that
competitor from winning circulation
among members of the public who,
1ushf1ably or not, prefer TO read q
newspaper which receives A. P. news.
Two Other Applications
For Membership Presented.
lot. The two other applications
for membership which were present.
ed at the 1942 annual meeting were
filed in November, 194l, by Eleanor
Medill Patterson as sole owner of
the Washington Times-H Herald. One
was filed on behalf of the morning
edition and the other on behalf of
the evening edition of that paper.
The member holding right of pro-
test In the morning field, the part
nership Eugene Meyer q Co.. pub
Usher Of the Washington Post, and
the member holding right of protest
in the evening field, the defendant
The Evening Star Newspaper Co.,
publisher of The Evening Star, failed
to waive their protest rights. The
applications were, as required by
the bylaws under these circum-
stances, referred to the next annual
membership meeting and they were
then, as previously sstated, rejected
by an adverse vote of more than
to l.. This action restrained the
Washington Tmes-Herald In the
conduct of its business. In addi-
ton, the effect Of defendants COM
bination is that in the Capital of
she country land the 11th largest
city, there is only one paper in the
morning and only one paper in the
evening which can offer its readers
the news service which the Asso-
ciated Press proclaims to be superior
to any other news service.
THE ACQUISITION OF WIDE
WORLD PHOTOS, INC.
1os. In the year 1s41 the Asso-
ciated Press acquired the capital
stock Of Wide World Photos, Inc.
(now Wide World News & Photos,
Inc), a New York corporation. which
was then, and for number of years
prior to that time had been, en-
gagged in furnishing news pictures
in interstate commerce to news
papers which we're not members Of
the Associated Press and also to
certain A. P. members, in compete
ton with the Associated Press.
Thereupon, the Associated Press
augmented its own news picture
service furnished only to A. p. men,
bers and discontinued the news pic
ture service of Wide World Photos,
Inc, available to n-members of
the Associated Press, except as re-
quired to carry out existing con-
tracts. For example. the Federated
Press, an organization, furnishing
the only daily labor news service in
this country, and having more than
125 newspaper clients, which had
been receiving Wide World picture
service for six years. was cut OF
from this service by this action Of
the Associated Press. The effect OF
this acquisition was substantially to
lessen competition between the As
sociated Press and Wide World
Photos, Inc, to restrain Interstate
commerce in news pictures and to
tend to create monopoly in the
Associated Press of such interstate
commerce in news pictures. Said
acquisition was In violation Of sec.
tions l and of the Sherman Anti.
Trust Act and section 7 of the Clay
ton Act.
DEMANDS FOR RELIEF.
Wherefore plaintiff demands juds-
ment as follows:
I. That the acts of the defendants
hereinbefore described constitute a
combination and conspiracy In re-
straint Of interstate trade and COM
merce in violation Of the act of July
2. 1890, entitled "An Act to Protect
Trade and Commerce Against Un.
lawful Restraints and Monopolies":
II. That the acts of the defend-
ants hereinbefore described constt-
tute monopolization of a part of
interstate trade and commerce, an
attempt to monopolize the same and
combination and conspiracy to
monopolize the same in violation Of
rod nok ~T ~