Evening star., 1943-01-10
Three.Judge Court
Is Asked by BiddIe
To Try A. P. Suit
Petition Urges Hearing
On Monopoly Charges
At EorIy Dote
BY the Associated Press

BY the Associated Press
NEW YORK, Jan. 9.-The Gov
ernment moved today.to speed tria
OF its monopoly suit against the AS.
sociated Press by asking for a three.
judge Federal Court to hear the
action.
Attorney General Biddle filed g
petition in United States District
Court here requesting appointment
OF the three judges and further
asked that the action "be assigned
for hearing at the earliest practical
date and in every way expedited"
The Governments suit against the
cooperative, non-proflt news gath
ering organization, was filed in New
York Federal Court last August %
and asked an order to compel the
Associated Press to open its men,
bership rolls to any newspaper will
hls TO pay it's proportionate share
OF the cost of gathering news.
Ia Aoo diAoWCA, lllc lICWo CO-Upel d.
tive denied the antitrust charge and
contended that a free press re
Qulres that newspapers shall be free
to collect and distribute news =
and that they shall be free to choose
their associates in so doing"
Procedure Used Frequently.
Assistant Attorney General Thur
man Arnold, in charge of the Anti
Trust Division. who was in New
York today said the petition filed by
Mr.. Biddle, was used frequently to
speed up important cases.
Mr.. Arnold added that the Gov
ernment's move eliminated one step
by enabling appeal directly to the
United States Supreme Court.
Appointment of the expediting
court, Mr. Arnold said, is mandatory
and had been used recently in the
Governments cases against the Pull
man Co. and the United States
Gypsum Co.
The usual procedure is for a single
Federal judge to hear such cases
as the one against the Associated
Press.
The Attorney >rerals petition
asked the clerk o. District Court
to immediately fu 3h a copy to
the senior circuit iu I" COR in his
absence, the presiding >ir.lit judge
OF the End District to the end
that three Judges one of whom
at least shall be a circuit Judge.
be designated to hear and deter
mine said case"
Hand is Senior Judge.
Judge Learned Hand is the senior
circuit judge in this district and
In his absence the selection of the
three-judge court would fall to
Judge Thomas w, Swan.
Irving Glickfeld. a special assist.
ant attorney general. represented
the Attorney General in the filing
OF todays petition. Mr. Glickfeld
said that usually two of the three
judges, one of whom would be a
circuit judge. are selected from the
the list Of Federal Judges in the
district where an action was filed.
AS now operated the Associated
Press supplies the news of the world
to newspapers on a membership
basis, with members reserving the
right to select their associates.
In its answer. the Associated
Press denied the Governments
charge that the APPS bylaws re-
stricted competition, in that there
could be no monopoly with respect
TO the sources of news, saying the
sources OF news are the events
which, when reported, become news
itself: they do not embrace the
persons by whom or the means
through which the gathering and
dissemination Of the news are ac-
compllSted. The sources of
news are freely open to any one
and every one"