Evening star., 1944-01-19
A. P. Will Appeal Suit
To Supreme Court
Without Delay
By the Associated Press.

cooperative, will be appealed to the
United States Supreme Court.
The associations Board of Direc.
tors announced the step last night
declaring in statement that "no
newspaper, no press service can
operate successfully under a court
Injunction"
The judgment, which would re-
strain the A. P. perpetually from OBJ
serving bylaws under which men,
bers might consider the competitive
ability Of an applicant for member
ship, already is under temporary
stay. The appeal, to be taken with
out delay will stay its pending the
highest courts ruling.
President Reserves Comment.
BY coincidence, the directors
statement was adopted about the
time that President Roosevelt said
at his press-radio conference in
washington that he did not think
he wanted to comment on the judg-
ment. The board at the time of its
action did not know of the reference
to the A. P. suit in the Presidents s
conference, nor did the President
know when asked for comment that
the A. P. board had decided on an
appeal.
When asked whether he had noted
the judgment, the President inquired
whether the Supreme Court had
handed it down and what was new
about it. Later he smiled and asked:
Does the country club still exist?
In referring to the A. P as a coun-
try club, the President may have
had in mind that the A. P, a non-
profit cooperative, is organized un-
der the membership corporation
laws Of the State Of New York, as
are some fraternal, social and char
liable organizations.
Judges Were Divided.
The judgment was based on a 2
to-1 decision of three circuit judges
in the southern district of New
York, who heard the case on the
Governments motion for summary
judgment. This proceeding denied
the A. P. request for a trial on its
merits. Justice Department officials
have said that this move never be-
fore was employed in Sherman Act
cases.
The judges sat as an expediting
court at the request Of Attorney
General Biddle, who asked that the
action be lin every way expedited"
The Government requested the in
junction without trial occurring
on the ground that the briefs, affi-
davits and other documents sub
mitted by opposing attorneys were
sufficient for final decision.
In a formal statement, the A. P.
directors said:
mo newspaper, no press service
can operate successfully under a
court injunction, The Associated
Press is nonproft cooperative or
ganization dedicated to giving an
unbiased, factual report of the news.
Foresee Court Supervision.
'"The decision of the statutory
court in New York would subject
the worlds greatest news-gathering
organization to suit and harassment
and to a perpetual injunction which
would render it subject to future
whims Of administrative officials
and continued supervision of the
Federal courts.
THE court found the Associated
Press was not a monopoly It found
that 1t was not common carrier.
Yet the decision, if not appealed
and overthrown, would impose a
method of doing business upon the
Associated Press which would ham
per its efficiency and weaken its CO.
operative structure. There Is no
course open except to appeal from
such intrusion.
Resolution Quoted.
The board therefore passed the
following resolution:
Whereas the board of directors
of the Associated Press has con-
sidered all the implications involved
In the decision of the statutory court
and
Whereas the board has received
the advice of counsel and
Whereas the board is unanimous
ly of the opinion that the decision
is one which limits the usefulness
of the Associated Press in the proper
performance of its duties,
BE it resolved, That the case be
appealed to the United States Su-
preme Court and that counsel be
directed to proceed with such appeal
without delay"