The Waterbury Democrat., 1943-05-25

Continued from Page D be perpetually enjoined from fur ther engaging in or carrying out said combination and conspiracy in restraint of interstate trade and commerce.
 3. That each and every provision of the A. P bylaws which imposes any condition, limitation, or re- quirement upon admission to mem bership in the Associated Press is illegal, null and void, except pro- visions that require every member to be the sole owner of newspaper, or require that every applicant for membership, before becoming a member, file proof of such owner ship and proof of the field" in which his newspaper is published tthat is, morning, afternoon, Sun day and /or wekly), or that the ap- plicant sign the membership roll and assent in writing to it's bylaws (other than provisions judged to be illegaD.
 4. That each and every provision of the bylaws which prohibits an A. P. member from furnishing news to any non-member is illegal, null, and void.
 5. That the defendants and each of thm, and each and all of their respective agents and employees, and all persons acting or claiming to act on behalf of them or any of them, be perpetually enJoined from fur ther carrying out any provision of the bylaws of the A. P. adjudged to be illegal, and from making, be- coming a party to, or carrying out bylaws of like character, effect, or any subsequent provision of such purpose.
 6. That the acquisition by the A. P. of the stock of Wide World Photos, Inc, is illegal, null and void and that the Associated Press be required to divest itself of the stock and of all interest in Wide World Photos, Inc.
 T. That the agreement of Mo- vember l, 1885, between the A. P. and the Canadian Press be can celled; and that the defendants be perpetually enjoined from entering into any agreement with the Cana dian Press, Or any other press aSSo- citation, under which the A. P. agrees not to deliver it's news re- ports to any other association, newspaper or individual in any par ticular territory, area, or region, or under which the A. P. obtains the exclusive right to receive the news reports of any such association, newspaper or individual.
 8. That the government recover it's taxable costs in the action.
 The motion said the AP attempt ed to justify it's conduct by advanc- ing as defenses these three con- tentions:
 1. The claim that the granting of the relief asked by the govern ment would abridge the freedom of the press.
 2. The claim that the granting of such relief would deprieve mem bers of the Associated Press of their incentive to be loyal to the combi- nation al ] that the loyalty" would thereupon be replaced by "arms length bargaining" making it's business commercial rather than mutual in character.
 3. The claim that, if the relief sought should be granted, news papers now denied access to A. P. service would substitute such serv- ice for that of other news agen- cies to such an extent that the As- sociated Press might well become the only news agency furnishing complete news coverage."
 Of this, the motion said:
 None of these contentious gives rise to any genuine issue as to any material fact. The first presents a pure question of law. The second and third contentious, which are contradictory, rest on purely spec- ulative conjecture as to future de- velopments. If they were suscepti- ble of proof they would be irrelev ant and would not constitute legal defenses.'
 The 22-page motion was accom- panied by 25 affidavits from various individuals.
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