Evening star., 1943-05-25
j. ). AsksRu|inq
Against A. P.
WithoutHeariinq
Move Unprecedented
In Antitrust
Procedure
BY the Associated Press.

precedent, the Government to-
day asked Federal Court for
summary judgment against the
Associated without the
taking of testimony by witnesses
in open court trial.
Counsel for the Associated Press
declined to comment on the Govern
ment's latest move but it was un-
derstood that the Governments con-
tention that there were no material
facts which remained uncontroverted
would be vigorously challenged by
the A. P.
1t was also understood that prob
ably 80 days would be required to
prepare and file answering affldavits
in support of the A. P.'s position.
The normal procedure in anti
trust cases is to take oral testimony
of witnesses in open court with each
party to the litigation Offering docu-
mentary evidence in support of the
testimony.
Based on Injunction.
The motion was made in civil suit
pending before a special three Judge
court. 1t seeks an injunction which
would require the Associated Press
to furnish its news and picture serv-
ices to any newspaper willing to bear
its proportionate share of the cost
of gathering news.
The move for summary iudp-
ment has been used in other types
OF civil actions. But, according to
Justice Department officials. it never
before was employed under the Sher-
man Act. Such procedure was pos
sible under the rules for civil pro-
procedure in Federal courts which
were put into use in 1898, they said.
The A. P. was given until June 2l
to file affidavits opposing the request
for summary judgment and on the
same date the Government must
file its brief on the law involved
The court directed counsel for the
A. P. to file its law brief July 6 and
set July for hearing on the motion
in open court.
Twenty-Five afhdavits setting out
information concerning the opera
tions of the Associated Press and it's
competitors were filed in support of
the motion.
The Government suit. charging
that the AP is monopoly. was filed
in Federal District Court here last
August %. 1t asked the court to
order the Associated Press, worlds
largest news gathering organization
to open its membership rolls to any
newspaper willing to pay its propor-
tionate share of the cost of gathering
news.
A special three Judge "expediting'
court was appointed to handle the
case January II at the request of
Attorney General Biddle.
The Associated Press filed It's
answer October o. denying the mo-
nopoly charge and asserting that "a
free press requires that the news
papers shall be free to collect and
distribute news i" and that they
shall be free to choose their asso-
ciates in SO doing"
The Associated Press serves its
members on non-profit co-opera-
tive basis.
Chicago Suns Case Reviewed.
The Chicago Suns failure to at
tain election to membership in the
Associated Press was reviewed,
among other things, in today's petit
ton.
A section Of the petition was en-
titled access of the news services of
the Associated Press is particularly
important to morning newspapers"
In this section. the Government said
that in 1912 there were 108 exclusive
ly morning, English Language news
papers with an average daily circu-
lation Of over $4,000.
of the 108 every one, except the
Chicago Sun, received the news re-
ports of the Associated Press" the
Justice Department said.
The aggregate daily average cir
culatlon OF the morning papers re-
ceiving Associated Press reports was
nearly 100000, while the aggregate
daily average circulation of morning
papers. including the morning edi-
tlons OF round -the-clock papers i.e,
papers publishing both morning and
evening editions) not receiving As
sociated Press reports was under
100000, of which 277,025 represented
the circulation of the Chicago Sun
and 24,400 the circulation of the
morning editions of the Washington
Times-Herald. both of which were
denied the services of the Associated
Press in 1912.
In the field of daily evening,news-