Evening star., 1943-05-25
A. P. membership happens to have
preceded him in the field
Exclusion Is Argued.

preceded him in the field"
Exclusion Is Argued.
Summarizing its original COM
plant, the Government again set
forth allegations that "1,247 other
wise independent newspaper owners
and publishers are now. and have
been for many years, parties to a
combination
This combination. it said, has
achieved dominant position in the
field of gathering and distributing
news"
AP members. the Government
contended, augmented and main
tained the advantages accruing to
them from such dominant position
by concerted action to exclude the
competitors of individual members
of the combination.
The Government motion said:
ut further stands admitted on
the pleadings that the Associated
Press ranks first among the three
named news agencies in public
reputation and esteem: that the
character of the organizati ton as a
membership corporation is an in
valuable guarantee that the news
which it furnishes will be presented
without any political or sectional
bias, and that it has the advantage
of the good will resulting from the
fact that in the mind of the gen.
eral public the name Associated
Press has long been regarded as
synonymous with the highest stand
ards OF accurate, non partisan, and
comprehensive news reporting
Affidavits Filed.
The affidavits filed in support of
the motion were prepared by these
persons:
Brodie D. Barnett of Western
Union Telegraph Co.. on the charges
OF his company for wires leased bv
the A. P: R. E. Moore, general man.
ager OF the American Telephone G.
Telegraph Co., on charges for wires
leased from 1t: Manfred K. Toep-
pen of the Federal Communicat tions
Commission on comparison of the
leased wires of the A. P. and the
United Press: Edwin Moss Will
llams, vice president OF the U. P.
aftidavits of facts and statistics re-
lating to his company's subscribers,
contracts and service; Alfred Nc
Chung Lee of Wayne University at
Detroit. affldavits on the general
Importance Of newspapers and vari-
GUS data on newspapers.
Harold L. Schilz of the Justice
Department. an affidavit showing
minutes OF A. p meetings: Herbert
S. Moore of Trans Radio Press
Service. Inc. the description of va
rlous organizations servicing news
papers: Thomas NJ McNicholas of
the Nashville Tennessean, an affi-
davlt authenticating a letter of the
Chicago Herald d-American soliciting
proxies against the application of
Marshall Field for any A. P. men,
bership for the Chicago Sun: J. A.
Mcneil. general manager of the
Canadian Press, the names and cir
culation figures of Canadian news
papers.
N. S. MacNeish, vice president of
the New York World Telegram.
facts relating to the purchase of an
A. P. membership held by the New
York World: Virginia M. Marino of
the Justice Department, a statistical
study Of the beat records kept by
the A. P. for the period from Nav
1910. to December, 1912: Guy R. Hill
of the Justice Department, COM
parsons of the facilities and SUBJ
Scrlbers OF the three major new
agencies: Marshall Field. Harry B
Baker. Thomas J. Barry, Warren
Brown. Thomas A. Daffron. ir.
Ernest Won Hartz, Sid Mautner,
John J. Paudulo and Otto M.
Smucker, all of the Chicago Sun. an
aftldavit setting out the effect of the
denial OF the Associated Press
membership on the business of the
Chicago Sun.
Prosecutors Changed.
The Government suit originally
was prepared by John Henry Levin
and Charles H. Weston. On Feb
ruary is, however, Mr.. Biddle an
nounced the appointment of Charles
B. Rugg of Boston. Mass. as his
special assistant in the prosecution
of the suit. Mr.. Levin since has
been promoted to first assistant to
Assistant Attorney General Tom c.
Wou+hor Po1o