Evening star., 1942-08-29
Associated Press Sued
By u. ). 10 Force Il 10
Serve All Newspapers
Government Contends
Membership DeprivoI
Works Hardship
Tert OF United States Suit and A. p,
Reply on Pages A-6 and Al.

NEW YORK. Aug. 29.-The Gov
ernment yesterday asked Fedora
District Court to order the Associ
ated Press. worlds largest news
gathering organization, to open it
membership rolls to any newspape
willing to pay its proportional
share OF the cost of gathering news
The suit was filed with Herber
Charlson, deputy United State
Court clerk. Mr. Charlson immedi
ately issued summons to Unite,
States Marshal James E. Mulcah.
for service On the Associated Press
An answer is returnable within 2,
days
Named as defendants were the as
sociation, a non profit co-operativ,
corporation under the laws of New
York State since 1900; the 18 mem
Der board of directors, the publish
ers of the newspapers with which thu
directors are identified and the ap
proximately l,400 other members IL
the United States as group.
Only U. S. Members Named.
While the A P. serves more thar
1000 newspapers throughout the
world, only members in the conti-
mental United States were named,
In substance, the petitioner
claimed that:
l. Those provisions of the A. P
bylaws which exclude competitor.
0f ov;Sti,o ,,,or,horc fro,,, y,,or,hor-
ship and the A. P. news report, il
legally restrain and monopolize in.
terstate commerce in news and H.
legally restrain the interstate COM
merce of newspapers which are pre-
vented from obtaining A. P. news.
g. The provision of the A. p by.
laws requiring each of approx
mately l,400 members to furnish
local news gathered by its own staff
exclusively to the A. P. illegally re-
strains and monopolizes interstate
commerce in news.
Additionally, the petition, filed by
. special assistant to the Attorney
General, Charles H. Weston, alleged
that the acquisition by the A. P in
194l of the stock of Wide World
Photos, Inc, news-picture service
formerly owned by the New York
Times, was an illegal acquisition OF
stock of a competing corporation.
A. P. Board Denies Violations.
The petition asked that the AS
sociated Press be permanently en-
joined against further enforcement
of the bylaw provisions referred to
and also required to divest itself OF
the Wide World stock.
President Robert Mclean of the
Associated Press in a statement is
sued for the Board of Directors
said.
THE Associated Press has invaded
the lawful rights of no one in the
great and unsurpassed service that
1t has rendered to the reading pub
lie for the last AZ years. What is
charged against it is no more, at
bottom, than this; That it seeks to
protect its members who have in
vested their skill, their work and
their money in its growth.
'eThe Associated Press will resist
the present proceedings as without
merit in either law or fact -
The Board of Directors reiterates
It's belief that the operation and
practices of the Associated Press
comply fully with all the laws of
the United States and that the
charges brought are without founda-
ton in law or in fact"
Paying high tribute to the news
service itself. the Governments ac-
ton emphasized the A. P.'s reputa-
ton for impartiality, accuracy, thor
oughness and speed.
Without the A. P. service a news
paper suffers competitive disadvan-
tages." the Government contended
The Government, in seeking in
functions against certain of the
A. P.'s by-laws-amended by the
members themselves at their meet
ing last April-contended among
other things:
That the news agency's service is
essential to the survival of any
newspaper"
That there are three news agencie.
and "of the news services supplied
by those three tthe Associated
Press, United Press and Interna.
tional News Service that of the
Associated Press ranks in the fore.
front in public reputation anc
esteem"
That "a newspaper which is
barred from A. P. news operates un
der competitive disadvantage with
A. p. members"
In amplification of it's conten
ton that the A. P. stands in the var
of news services, the Government
said.
One reason for this is that th
Associated Press exceeds its com
petitors in expenditures for col
lection and transmitting news. il
the length of news reports it fur
nlsheS, in physical facilities, in siz
of staff, in number and geograph.
ical distribution of news bureau
in number and geographical distri
button of newspapers supplying
with news of their localities an,
In the unique requirement
that these newspapers must serv
the Associated Press exclusively"
Lack of Bias Cited.
"A second reason" the Govern
ment said, is that the characte
of the organization of the Associ
ated Press-a membership corpora
ton composed Of persons represent
ing every shade of economic, politi
cal and religious opinion and ever
section of the country-is an in
valuable guarantee that the promis
and claim made by each news agen
cy that it presents the news withou
any political Or sectional bias, wi
in fact be fulfilled"
Contending that freedom of tn
press would be served by maxim
A. P. service available to all news
papers willing and able to share tn
cost of such service, the government
said:
Restraints imposed by denial Q
A. P. membership and services ar
particularly burdensome because il
that event the newspaper must rel
on the services of the u. P. alon
or as supplemented by I. n S