Evening star., 1943-06-22
i. ). Asserts Verdict
Against A. P. Would
Aid Press Freedom
Files Briefs Contestinq
News Services Defense
On Monopoly Charge
BY the Associated Press.

NEW YORK, June pa con-
tention that freedom of the
press would be aided "by striking
down barriers. erected by private
combinations against access to
reports of world news" was be-
fore Federal Court today in sup
port of the Government motion
for summary judgment in its
antitrust action against the AS
Sociated Press.
The assertion was contained in
augmenting briefs filed by the Gov
ernment yesterday as the A. P.
entered more than 30 affidavits, in
cluding those signed by officials of
United Press and subscribers of In
ternational News Service, purport-
ing to show that it is not a monopoly
as the Government charges.
A majority of the affidavits held
that the non-profit, cooperative
association is only one of several
services supplying newspapers with
adequate news service.
In it's briefs, the Government
charged that "monopolization" in
the instance of the A. P. consists
in an ever-repeated series of ex-
clusions of competitors from trade
and commerce in particular news
items, such exclusions all flowing
from plan and scheme which is
written into the very constitution of
defendants association
The Government statements an
swered a claim of the Chicago
Tribune. one of 18 A. P. members
named in the suit, that the injunc-
ton sought by the Government
would infringe the constitutional
guaranty of free press.
The Governments action seeks to
require the A. P. to admit to men,
bership all who are willing and able
to pay their share of the service S
cost.
Declaring the Tribune's contention
lacked merit, the Government
briefs said:
IF the press is to be truly un-
trammeled, it must be free from
restraints imposed by combinations
which render difficult or even pre-
vent those who seek to use this
medium as source of public in
formation.
That the considered exclusion of
newspapers from A. P. news has
this tendency and effect has been
shown. The great objections of the
(constitutionaD provision will, we
submit, have been furthered by
striking down barriers erected by
private combination against access
to reports of world news"
Terming the news report of world
events as "a raw material essential
to the publication of a newspaper
the Government brief added:
Accurate world news is, there
fore, the life blood of the daily news
paper and only by means of news
agencies can this life blood be kept
flowing"
The Government said that men,
bers of the A. P.-which it described
as the greatest of the three news
services capable of meeting a SUBJ
stantial newspapers requirements
represented IS per cent of the Ma
tons daily morning papers and 96
per cent of the morning circulation
and also SO per cent of the evening
papers and II per cent of evening
circulation.
Sherman Act Cited.
Accordingly" the Government
continued, defendants combina-
ton is the dominant factor both in
the field of newspaper publication
and in the field of news collection
and distribution and any restraints
which it imposes must be evaluated
in the light of this dominant po-
sition
ct is we'll established that the
Sherman Act makes it unlawful fol-
any group of traders controlling a
substantial part of the trade in any
article or subject of commerce to
agree not to deal with particular
third person, or with a particular
class of third person, for the pur-
pose of excluding such third person
or persons from that part Of the
market represented by the trade o1
the combining parties"
Supporting Government claims
the brief stated:
1.-The handicap upon competitors
imposed by denial of A. P. service
is actual and substantial. This Il
illustrated by the experience of the
Chicago Sum-"
Handicap Charged.
The brief charged that because
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