Evening star., 1943-10-07

the control of news in any sup
poSitltiouS case must be IN order to
demand relief and continued:
1T is enough that, in the case at
bar. A. P. is a vast, intricately, re-
ticulated organization. the largest
Of its kind, gathering news from all
over the world. the chief single
source of news for the American
Press, universally agreed to be of
prime consequence.
In conclusion. it is perhaps prop
er that We should say a word about
the freedom of the press. since that
question has been mentioned in the
briefs. The effect of our judgment
VIII be, not TO restrict A. P. mem
berS as to what they shall print.
but only to compel them to make
their dispatches accessible to others
We do not understand on what
theory that compulSion can be
thought relevant to this issue, the
mere fact that person is engaged
in publishing does not exempt him
from ordinary municipal law. so long
as he remains unfcttered in his own
selection of what to publish. All
that We 90 is to prevent him from
keeping that advantage for himself
Sees No Public Injury.
The argument appears to be that
If all be allowed to Join A. P. it may
become the only news service and
get a monopoly by driving out all
others. That is perhaps a posi-
bllIty, though it seems to us an eX-
Ceedlngly remote one; but even if II
became an actuality, no public in
jury could result For, if A. P. were
open to all who wished the service
could pay for it and We're fit to use
It, 1t would be no longer a monopoly.
A monopoly of all those interested
III an activity is no monopoly at all,
for no one is excluded and the eS-
SenCe Of monopoly is exclusion. A. P.
would then be only a collective
effort of the calling as a whole. If
other services were incidentally
aCtlonable wrong.
"A judgment may therefore be
entered enjoining the defendants
from continuing to enforce the by
laws regulating the admission of
members in their present form. but
leaving 1t open to them to adopt
substitutes which will restrict ad-
mission, provided that members in
the same field as the applicant shall
not have power to impose, or dis
penSe with, any conditions upon his
admission, and that the bylaws
shall affirmatively declare that the
effect of admission upon the ability
of an applicant to compete with
members in the same field shall not
be taken into consideration in pass
ing upon his application.
Restrictions Lifted.
"The judgment will also enioin
the enforcement of the restrictive
bylaws forbidding members to COM
municate spontaneous news to nom
members"
'On the argument, the plaintiff
declared that it did not object to
the bylaw which confines A. P.
dispatches to its own members.l
I'VE do not know whether it still
do not know whether it still would
not object, if the admission pro-
visions remained as they are. An
injunction against the enforcement
of that bylaw will depend upon its
choice.
The Judgment will further enioin
performance of the contract. or car
tel, with the Canadian Press. In all
other respects the complaint will
be dismissed. Such a judgment will
flnally dispose of all the issues raised
IN the action upon the facts as they
now are.
However, it is appropriate and
fair to provide that, if the A. P.
sees fit to amend its bylaws. gov
ernlng the admission of members,
it may have leave to apply in this
action for supplemental relief upon
the new state of facts.
Canadian Restrictions Stayed.
Moreover, in view of the disor-
ganization which meanwhile might
take place, if the injunction were
enforced against the restrictive COW
enants as to the communication of
news and against the Canadian
Press contract, we will stay those
lnJunctions for a period of 100 days
after the judgment has been en-
tered. That should be time enough
for the defendants to decide what
changes, if any, they care to make
as to admission.
Finally. because the interests In