Evening star., 1944-11-09

~ VPOu 'I1ilIUCl9IlIp
Urged in j. s. Brief
BY the Associated Pres.
i The Justice Department today
recommended to the Supreme
Court that the Associated Press
be required to adopt IN "ex-
plicit" bylaw which would admit
new members without regard to
local competitive situations.
/ The department filed brief in
Its cross-appeal from the decision
OF Federal expediting court In the
Governments civil antitrust suit
against the nonprofit news ce-op-
erative. The AP likewise has ap-
pealed, and the high tribunal will
hear oral Arguments next week.
The lower court ruled that the
AP could continue to provide its
news report exclusively to members,
to demand the local news of menu
bers exclusively and to retain its
contract with the Canadian Press
provided the AP modified its by
laws on admission of members.
Wording Left Open.
The lower court left open to the
AP the adoption OF substitute by
laws which will restrict admission, ;"
provided that members in the same
field (morning, evening or Sunday
papers, as the applicant for mem
bership shall not have power to inn
pose or dispense with any condi-
tions of such admission.
The court also held that the by
laws should declare that the effect
OF admission on the ability of an
applicant to compete with 1 men,
Der or members in the same field
shall not be taken into consideration
by the board or by the membership
at large in passing on the applica-
tion.
The Justice Department, however,
told the Supreme Court today that
II the final judgment Is to give "ade-
quate assurance of effective relief"
1t should be worded to provide that
the conditions for admission to
membership in a city and field"
In which there are one or more
existing memberships shall be the
same as the procedure and condition
for admission to membership Of an
applicant and a field in which
there is no existing membership"
Makes Another Proposal.
The department also proposed
that the final judgment provide that
no applicant shall be required to
make any money payment or give
any other consideration, directly or
indirectly, to any AP member
or members"
Referring to the lower courts re-
quirement that AP members might
not consider the competitive effect
of an applicant for membership, the
Justice Department asserted this
was mot self-executing; it remains
hortatory" 1t added:
The ultimate effectiveness Of the
Judgment should not be left to de-
pend upon a gamble on the men,
bers' willingness to conform their
conduct to the spirit and intent Of
the courts judgment
Would Add Section.
The department recommended,
therefore. adding section to the
lower courts judgment that "the by
laws shall contain such further pro-
visions as may be reasonably neces-
sary or appropriate to assure observS
ance OF this declaration"
The department contended the
agreement of AP members to give
their local news exclusively to AP
and APPS contract with the Cana
dian Press conferring on AP exclu-
siye rights in this country to CP
news, are In unlawful restraint of
interstate commerce, regardless of
any restrictions regarding member
ship In AP.
The Government added, however,
that 1t was not attacking the re-
quirement Of AP bylaws that men,
bers furnish local news to AP but
only the exclusive feature Of the re-
quirement.
Matter for Separate Case.
The Government said it did not
attack the lower courts finding that
the antitrust laws do not apply to
provisions OF the AP-CP contract
which give to CP the exclusive right
to receive in Canada the AP news
report. 1t said this matter should
be presented to the Supreme Court
in a separate case.
The Department did not attack
the lower courts ruling that AP
could provide its news report ex-
clusively to AP members, provid-
ing the bylaws are amended.
Contending that the lower courts
decree would not convert the AP
into a public utility, the Govern
ment's brief said: THE decree
against AP is no different in char
acter from those which have been
traditionally entered against other
violators Of the antitrust laws"
The Government also asserted that
the APPS contention that the decree
is in conflict with the freedom Of
the press guarantee rs without sub
stance"
Churchill
Continued From First Pase.)