Evening star., 1944-01-03
CounterproposaIs
In Antitrust Suit
Are Filed by A. P.
BY the Associated Press.

BY the Associated Press
NEW YORK, Jan. 3-The Asso-
ciated Press filed in United States
District Court today proposed
form Of judgment in the Govern
ment's antitrust suit which counsel
said would clarity and make more
specific previous suggestions by the
Government.
A special court ruled October 6
IN 2-to-1 decision that the news
co-operative's bylaws "in their
present form" violate the antitrust
laws. Before entering its final
judgment, the court asked both
parties to submit proposals which,
in effect, would be interpretations
of what the court meant in its
decision.
The Justice Department submit
ted its proposed form of judgment,
findings of fact and conclusions of
law November IL.
Many Changes Prposed.
The A. P.s counterproposals, filed
today, would. make numerous
changes in phraseology, including
specific designation of the bylaw
regarding admission of members
which the court has held is illegal.
AP counsel said the counterpro-
posals were submitted to conform
with the courts opinion, but made
1t clear at the same time that this
did not mean that the APP agreed
with the opinion or that the pro-
posals were to be taken as repre-
senting the position that AP might
take on an appeal to the Supreme
Court.
The next step is for the court to
hand down its final ruling Both
sides have 60 days thereafter in
which to appeal.
Principal Section.
The principal section of the judg-
ment, as AP lawyers suggested it
should read, follows:
"A. That the defendants, by pro-
mitigating and agreeing to observe
article III, sections l, 2 and the last
sentence of section of the bylaws
of the Associated Press, whereby
members of the Associated Press
publishing newspapers in the same
city and in the same field (morn-
ing, evening or Sunday as an appli-
cant, publishing newspaper in the
United States of America or it's ter
ritories, for membership in the AS
sociated Press may impose, or dis
pense with, any conditions upon the
admission of such. applicant, and
whereby the defendants, in passing
upon an application of such appli-
cant for membership, may take into
consideration the effect of admis-
sion upon the ability of such appli-
can't to compete with members of
the Associated Press in the same
city and field have violated an act
OF Congress approved July 2, 1890,
entitled an act to protect trade and
commerce against unlawful re-
straints and monopolies,' and Il
"B. That article III, section l.!
2 and the last sentence of section 8 |
of the bylaws of the Associated |
Press, presently in force, are de-
clared and adjudged to be illegal,
and are hereby Cancelled, and the
Associated Press, its officers, di-
rectors, agents, representatives and
employees, and each of its members,
their officers, directors, agents, rep
resentatives and employees, be, and
each of them are, perpetually en-
joined and restrained from agree
Ing to observe and observing said
bylaws, and from promulgating,
agreeing to observe and observing ,
any new or amended bylaws hav-
Ing a like purpose or effect in re-
spect to admission of members to
the Associated Press; provided,
however, that nothing herein shall
prevent the adoption by the Asso-
ciated Press of new or amended by
laws which will restrict admission.
provided that members of the same
city and in the same field (morn-
Ing, evening or Sunday, as an ap-
plicant publishing a newspaper in
the United States of America or its
territories, shall not have power to
impose, or dispense with, any con-
ditlons upon his admission and that
the bylaws shall affirmatively de-
clare that the effect of admission
upon the ability of such applicant
to compete with members in the
same city and field shall not be
taken into consideration in passing
upon his application"