Evening star., 1944-01-13

11dI per, COIIlIIldllQlIlR OlllC6F o.
Capt. Sue Dauser, superintend
surgeon general of the Navy;
miral Charles w. o. Bunker, C
lean newspapers in order to assure
its members that they would receive
a comprehensive, accurate and un.
biased nonpartiSan report of the
worlds happenings, one that woulc
be without political, religious OF
economic tinge and without sin.
lister private control; a nonprofit.
making organization and one in
which its members were free to Sc
lect their associates.
"The Associated Press never &C.
cepted all comers as members.
"It, by the very nature of its or
ganization, repudiated any desire
for monopoly, but on the other hand
holds that competition is vital tc
the best interests of both members
and nonmembers of the Associated
Press. For, at least in my opinion
a news service that is a monopoly
will also be static service.
without Legal Blemish."
For more than 40 years the AS
sociated Press was given,a clean bill
of health by the Department of JUS
tice; two Attorney Generals studied
it's status and decided that it was
without legal blemiSh.
Nov comes this decision and
confess that I feel like an octogena-
rian Alice in Wonderland.
THE special court in a majority
opinion, but with a very vigorous
dissenting opinion, has decided that
although it neither has nor seeks a
monopoly and does not seek to i'm
pede competition. it nevertheless is
in violation of the Antitrust Acts.
THE Congress has never passed
any legislation attributing to news
gathering a public utility status.
THE majority decision, however
that if legislation is lacking a Fed
eral court can by decree make the
Associated Press public utility in
effect and that if this should result
in the extinction of competing serv-
ices that would not be an actionable
wrong
Calls Action Handicap.
Whether this would not be an
actionable wrong I, of course, as a
layman have no opinions to offer
but have no hesitation in saying
that think that whether actionable
or not it would certainly be an un-
considerable wrong both to the press
and to the people.
Apparently the first amendment
granting protection to a free press
does not apply to the Associated
Press, in view of the majority opin-
ion; on the contrary, the opinion
says and so, even if this we're a
case Of the ordinary kind-the pro-
duction of fungible goods, like steel
machinery, clothes or the like-it
would be a nice question whether
the handicap upon those excluded
from the combination should pre-
vail over the claim of the members
to enjoy the fruits of their fore
sight, industry and sagacity.'
To me it seems OF little impor-
tance whether one descendant OF
Joseph Medill in Chicago succeeds
in preventing the election of Mar
shall Field and another in Washing
ton succeeds in obtaining member
ship.
Forecasts Appeal.
THE vital question is whether the
members of the association may use
their own judgment in election OF
denial freely or whether they can
be properly coerced to vote against
what they regard as the best interest
Of the organization itself.
"The more I think of it the more
I feel like Alice in Wonderland.
Il take it for granted that the
decision will be appealed"
In New York counsel for the AS
sociated Press had no statement
to make on the decision. The board
of directors of the A. P. meets there
next week.
John Henry Levin, special as
sistant to the Attorney General and
one of counsel in the case, issued a
statement in which he said:
The final decree conforms in sub.
stance with the decree proposed by
the Government last November.
Sees Government Victory.
"In a few particulars the court
failed to grant all the relief which
the Government recommended, but
on the main point of the case tht
decree constitutes a significant vic.
tory for the Government and greatly
strengthens future enforcement o.
the Sherman Act.
1.-The present bylaws of the Asso.
ciated Press permitting newspaper.
which offer competition to A. P
members to be denied A. P. dis.
patches are Cancelled and the Asso,
ciated Press is perpetually forbidden
to put into effect for the future any
similar bylaws.
I'm conformity with the courts
recent opinion, the decree was di-
rectly against the Government or
one point only: The recent acqui-
sition by A. p. of the stock of COM
peting picture service-Wide Worlc
Photos. Inc.-was held to be within
the law.
"The time within which the As.
sociaJed Press may appeal to the