davidaulloa/AmericanStories huggingface dataset:
Evening star., 1945-01-07
Generals
Continued From First Page.)

officers, considering the forces at
Won Rundstedt's disposal, that he
would take as great = gamble as
that.
Instead Of trying to put q finger
on where the fault might be in that
wrong guess, the Allied supreme
command was represented as much
more inclined to wait q few weeks
and see whether Won Rundstedt
may have made an even more costly
guess.
1t was 1t. Gen. Courtney H.
Hodges 1st Army that was hit BY
the counteroffensive through its
long, thin right flank while its left
flank was beating toward the Roer
River. Some rumors had been heard
that there might be a change In
his command.
But these reports were met at
headquarters with q fiat and au-
thoritative denial and correspond
ents were told that Gen. Hodges
Evening star., 1945-01-07
Philippines
Continued From First Page.)

tween New Guinea and the Philip
pines. a Cotton bombing. They also
dropped "a tons In the Bismarck
Solomons area and 83 tons on jap
anese-held Dutch Celebes, on jan
uary 3 and 4, hitting airdromes and
supply areas.
Australians Give Aid.
Australian Air Force units par
ticipated in the Halmahera-Ceram
raid, in which enemy airstrips were
hit and Japanese coastal vessels
were damaged.
Miri airdrome on Borneo also took
q 69-ton pasting from American
bombers and fires were started In
other installations in that area
Japanese positions on Mindanao
major southern island of the Philip
Evening star., 1945-01-07
Holding Of Bridges
By British Halted
kazis Near Meuse
1y the Associated Press.

WITH BRITISH TROOPS AT
BURE, Belgium, Jan. 5 Delayed
A British armored formation as
signed to guard Meuse River points
against Field, Marshal Karl Won
Rundstedt's offensive into Belgium
is now hard at the counterattack
Elements of the formation were
posted before bridges over the
Meuse at Dinant, Namur and Givet
soon after the breakthrough. The
Germans were stopped miles short
of the river.
When the Germans failed to pen
citrate our lines they turned north
east and the Americans stopped
them there" British officer said.
Since then, by continuous ham
nering and slashing, the formation
has pushed the enemy back yard by
yard over the snow-covered Ar
dennes hills from 8 to II miles.
Details of Story.
Here is the story told to me by
the men of this .armored formation
and taken from their battle log:
On December 10 the formations
veteran troops were resting On De-
cember 20 it was called back hur-
riedly to duty and assigned to hold
at all costs the bridges at Namu,
Dinant and Givet.
Infantrymen were sent directly 10
the bridges, where they kept guard
through the night and morning be-
fore the tanks rumbled UP and took
their stations well east of the river.
1t was the Dinant bridge the
Germans headed for. In that area
the British tanks pushed on to
Sorinne, three miles east of Dinant,
and another squad advanced to
Achene, tx miles east of the river
city
On the day before Christmas
enemy elements roared up from the
south with tanks and motor trans
port, apparently not aware that the
British tanks were between them
and the river.
The British withdrew from Achene
and Sorinne to commanding heights
northwest of Sorinne.
British Tanks Open Fire.
Then the British tanks opened
fire and knocked out three enemy
tanks in 10 minutes. From then on
they fought furiously on a fluid line
through December 26.
Rocket-firing Typhoons came to
their support and had field day
against the enemy vehicles. The
enemy westward movement was
definitely blocked.
After this action these tanks
operating with American infantry
from Ciney on the south to the
Sorinne area cleaned out an entire
pocket of the enemy.
From the pocket the Americans
and British captured more than
1000 prisoners and 120 vehicles, in
Guiding "a armored transports and
Evening star., 1945-01-07

pines, were widely hit by American
airmen. They blasted 10 planes on
the ground at Libby airdrome near
Dayao and hit runways and dis
persal areas at Zamboanga.
Three enemy planes dropped
bombs harmlessly on American held
Leyte Island and one enemy recon-
naissance plane was shot down over
shipping east of there.
LuzOn Raided by Daylight.
The air raids against Luzon were
carried out in daylight.
American ground forces actually
are within II miles of Luzon, having
established themselves on Marin
duque Island, which with Mindoro
guards the southern approaches to
the main island Of the archipelago.
Yank troops seized Martinique
Wednesday, giving them direct
contact with the southern Luzon
Evening star., 1945-01-07
Gallagher
l(Continued From First Page.)

through is concerned, two imme-
diate facts stand out.
One is that some American COM
mander accepted the responsibility
for keeping the Ardennes front
lightly manned in the hope that
the Germans would not attack.
The second is that Allied intelli-
gence of German intentions failed
completely.
The first responsibility rested
with the corps commander of the
Ardennes area. 1t was up to him
to tell his Army commander that
he. considered his forces insufficient
to do the job and demand more
Perhaps he did that. Such fact has
not yet come to light.
II he did, 1t. Gen. Courtney H
Hodges, commander Of the United
States 1st Army, had accepted the
responsibility. He could shift troops
from other parts Of his front to nl
Evening star., 1945-01-07
1852 Couples Seek
To Wed Here in Year

A total Of 1852 couples applied
for marriage licenses in the Dis
trict during 1914, and 11,304
licenses were issued, it was re-
vealed yesterday at the marriage
license bureau at District Court.
The figures compare with a total
OF 1926 applications made in 1943,
when total Of 1924 licenses were
issued.
Evening star., 1945-01-07
Dr.. DowIing to Address
District Medical Society

DR.. Harry r. Dowling will discuss
Prevention Of Respiratory Infec-
lions" at scientific meeting Of the
District Medical Society at 8 pm.
Wednesday. DR.. John Royal Moore,
professor Of orthopedic surgery Of
Temple University School OF Medi-
cine, will speak on Fractures.
Evening star., 1945-01-07
Builders to Meet

Officers viii be elected by the
Master Builders Association at a
meeting at 8 pm. Tuesday at the
Mayflower Hotel. The association
is composed of 28 union general
contractors in the Washington
area.
Evening star., 1945-01-07
Gen. Macarthur said yes

coast" Gen. Macarthur said yes
terday.
The landing at Buenavista, on
the southwest coast 113 miles south
east OF Manila, was covered by
naval and aircraft. but was unop-
posed. Possession Of the rugged
island, only 20 by Is miles in area,
gives the Americans control Of the
Sibuyan Sea, Gen. Macarthur said.
Evening star., 1945-09-26
Wiedemann, Found
In China, Is Being
Flown Back 10 u. ).
By the Associated Press.


SAN FRANCISCO. Sept. 26.-Un-
der guard, Capt. Fritz Wiedemann
is on his way back to San Francisco
where for two years Adolf Hitler S
former commanding officer had a
hectic career as German Consul
General until the United States
Government closed all German
conSulates in June, l94l.
A Federal Court suit charging
that he received more than $5,000.-
600 from Germany for espionage
activities, which he heatedly denied
was one of the high spots of his
residence here.
Army authorities announced in
Manila that the 6-foot diplomat was
captured in Tientsin, China, and
left Manila under Navy guard by
plane yesterday for San Francisco
with his eventual destination Ger
many, and his destiny, trial as a
suspected war criminal.
In Shanghai earlier this week
Associated Press Correspondent
Spencer Davis was told by German
sources that Wiedemann denounced
Nazism when Germany fell.
The denunciation, these sources
said, was made at Tientsin where
Wiedemann had been sent into OBJ
scurity as consul by Hitler.
| At the time of the purported de.
nunciation, these sources sale
! Wiedemann "discloSed":
In May, l938-before Munich
! Hitler told members of the German
Foreign Office and the armed forces
that "it is my firm resolve that
Czechoslovakia is to disappear from
the map"
Hitler had assured his generals "in
the beginning of the next year Q939)
we shall finish the job in the East
then I'll give you three or four years
Evening star., 1945-09-26

ADVERTISEMENT
STOPPED TAKING
DAILY LAxATVES
After 15years' dosing noweat
KELLOGG'S ALL-BRAN"
Constipated? Given up hope of
finding lasting, gentle relief? Then

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finding lasting, gentle relief? Then
read this unsolicited letter.
Il am rural letter carrier. For more
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About year and half ago good
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ALL-BRAN. did so-with the result that
! have not taken pull since. | eat
ALL-BRAN generously every day. l find it
4 great help" John II. Martin. West
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Wouldn't you like to be able to
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- if your constipation is due to
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Get this delicious food at your
grocer's. Ask for kELLOGG'S
ALL-BRAN, the cereal that brings
lasting relief to millions. Made by
kellogg's of Battle Greek and
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Evening star., 1945-09-26
ADVERTISEMENT.
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Evening star., 1945-09-26

respite after which well do the job
in the West France and England." ;"
Then, these sources added, Weide-
mann looked ahead and advised
Germans to learn a lesson from
the Soviets," adding that relations
with Russia will be a decisive factor
in shaping German future"
Evening star., 1945-09-26

have reached no decision on the use
of the pier, said they also have re-
ceived request from Army engi-
neers to keep the pier available for
various steamship companies while
Evening star., 1945-09-26
Coast Guard May Abandon
Sixth Street Pier by Oct. |

The Coast Guard has informed
the Commissioners that 1t is pre-
pared to abandon its pier and build
ings in the Washington Channel
near the harbor precinct by Octo-
Der /, but has asked the right to
moor Coast Guard vessels at about
Is per cent of the dock space.
District officials. who report they
Evening star., 1945-09-26

trict 1t Is willing to turn over to
the municipality the buildings built
on the pier during the war.
The pier Is off Maine avenue
S.W., at the foot of Sixth street
Evening star., 1945-09-26

postwar waterfront improvements
are made.
Normally, the District would lease
the pier for commercial use. The
Coast Guard has informed the Dis
Evening star., 1945-09-26
I ] n | c
COAI'S''
Like Our Exclusive
Sqcansdoqcn' as Advertised
in September Vqgus
s58

Eloquent expression Of the new deep
sleeves the broad soft shoul-
ders the tiny, feminine waist
line. Capped with luxurious Anur
Coon cuffs button high with
q single button Brief furred
. . and extrovoeontIy beautiful in
all wool, black, beauty. gold, misses
sizes 2 to ol8------------$58
Matching skirt----e---l0.o5
LANSBURGHs-Dayh Coat Salon.
Second Floor
Evening star., 1945-06-19

lurk even the slightest justification
for such inte ference by the Govern
ment in these matters.
This does not mean that the Asso-
ciated Press is entitled to any prefer
ential treatment under the Sherman
Act or that the Government must
meet any higher degree Of proof of
a statutory violation when dealing
with the press than when dealing
with any other field of commercial
endeavor. Clear and unmistakable
proof of a Sherman Act violation,
especially where a summary judg-
ment procedure is followed, is nee
essary in any case And failure to
insist upon compliance with that
standard Of proof is unwise under
any circumstances.
But such a failure has unusually
dangerous implications when it ap-
pears with reference to an alleged
violation Of the act by those who COL
lect and distribute information. We
should therefore be particularly vigi-
liant in reviewing a case Of this ma
ture, a vigilance that apparently is
not shared by the court today.
Actual, Potential Dangers.
I am unable to agree that this
case should be disposed of in favor
of the Government on a motion
for summary judgment. The is
sues are too grave and the possible
consequences are too uncertain not
to require the Government to prove
its case by more probative and con-
vincing evidence than 1t has sub
mitted so far.
The admitted facts are either in
conclusive or definitely lean in favor
OF the contentious of the Associated
Press.
1t may be conceded that these
bylaw provisions on their face are
restrictive in nature and that their
natural effect is to exclude outside
newspapers from the benefits of
Associated Press membership. But
that concession does not prove that
these provisions are necessarily so
oAA CocoiidpIC LII lldGuIc dS 10 DC n
restraint OF the type clearly con-
demned by the act.
They may be regarded on this rec
ord as nothing more than the exer-
else OF a traders right arbitrarily
to choose his own associates and
to protect the fruits of his own
enterprise from use by competitors.
No Such Claim Made.
II 1t were true that the Associated
Press monopolizes or dominates the
newspaper field, these bylaw pro-
visions might be found to be unrea-
sonable restraints of trade. Then
the unfairness Of excluding outside
newspapers because OF their COM
petition would be manifest. But
the Government makes no such
claim.
In fact, the District Court speci-
f1cally found no evidence of monop-
oily or domination by the Associated
Press in the collection or distribu-
ton Of news. the means Of trans
mitting the news, or the access to
Evening star., 1945-06-19

the decree to mean that AP news
is to be furnished to competitors of
old members without discrimina-
ton through bylaws controlling
membership, or otherwise, we ap-
prove it.
The court also held that, taken
in connection with the restrictive
clauses on admissions to member
ship, those sections of the bylaws
violated the Sherman Act which
prevented service Of AP news to
non-members and prevented AP
members from furnishing spontane-
ous news to any one not a member
OF the association. It held the
agreement between AP and the
Canadian Press, under which AP
secured exclusive right to receive
the news reports of the Canadian
Press and its members was also,
when taken in connection with the
restrictive membership agreements
in violation of the Sherman Act.
It declined to hold these bylaws
and the agreement with Canadian
Press illegal standing by themselves.
It consequently enjoined their OBJ
servance temporarily, pending APPS
obedience to the decree enjoining
the restrictive membership agree
ments. The courts findings justi-
fed this phase of It's injunction.
United States VS.. Bauch q Lomb
Optical Co., supra, 724.
Exploration of Facts.
The Government has appealed
from the courts refusal to hold
each Of these last mentioned items
q violation Of the Sherman Act
standing alone. The Government
also asks that the decree of the
District Court be broadened, so as
permanently to enjoin observance
OF the Canadian Press contract
and all the challenged bylaws. It
also suggests certain specific terms
which should be added to the de-
cree to assure the complete eradi-
cation Of APPS discrimination against
competitors Of its members.
The fashioning of a decree in
an antitrust case in such way
as to prevent future violations and
eradicate existing evils, is a mat
ter which rests largely in the dis
cretion Of the court. United States
v. Crescent Amusement Co., supra.
A full exploration Of facts is usu-
ally necessary In order properly to
draw such . decree. In this case
the Government chose to present
Its case on the narrow issue which
were within the realm OF undis-
puted facts. In the situation thus
narrowly presented we are unable
to say that the courts decree
should have gone further than 1t
did. Furthermore, the District
Court retained the cause for such
further proceedings as might be-
come necessary.
If, es the Government appre-
hends, the decree In its present form
should not prove adequate to pre-
vent further discriminatory trade
restraints against nonmember news
papers, the courts retention Of
the cause viii enable It TO take the
: n1eoGsGy measures 70 cause the
Evening star., 1945-06-19

U. S. 268. It would be strange
indeed, however, If the grave con-
Germ for freedom Of the press which
prompted adoption of the First
Amendment should be read as a
command that the Government was
without power TO protect that free
dom.
The first amendment, far from
providing an argument against ap-
plication Of the Sherman Act, here
provides powerful reasons to the
contrary. That amendment rests on
the assumption that the widest pos
sible dissemination OF information
from diverse and antagonistic
sources Is essential to the welfare
Of the public, that a free press is
q condition Of q free society.
Surely a command that the Gov
ernment itself shall not impede the
how Of ideas does not afford nom
governmental combinations a refuge
II they impose restraints upon that
constitutionally guaranteed freedom.
Freedom to publish means free
dom for all and not for some. Free
dom to publish is guaranteed by the
Constitution, but freedom to COM
bine to keep others from publishing
Is not. Freedom of the press from
governmental interference under the
First Amendment does not sanction
repression of that freedom by pri-
vate interests. (See footnote 1S).
The First Amendment affords not
the slightest support for the con-
tention that q combination to re-
strain trade in news and views has
any constitutional immunity.
Denies Decree Ambiguous.
We now turn to the decree. Hav-
ing adjudged the by-laws imposing
restrictions on applications for
membership to be illegal, the court
enjoined the defendants from OBJ
serving them, or agreeing to observe
any new or amended bylaw having
like purpose Of effect. It further
provided that nothing in the decree
should prevent the adoption by the
Associated Press of new or amended
bylaws which will restrict admis-
sion, provided that members in the
same city and in the same field
(morning, evening or Sunday, as
an applicant published in q news
paper in the United States OF Amer
lea or Its territories, shall not have
power to impose, or dispense with,
any conditions upon his admission
and that the bylaws shall afiirma.
lively declare that the effect of adj
mission upon the ability of such
applicant to compete with members
in the same city and field shall not
be taken into consideration In pass
ing upon its application"
Some Of the appellants argue that
this degree Is vague and indefinite
They argue that 1t will be impos-
sible for the association to know
whether or not its members took
into consideration the competitive
situation In passing upon applica-
tions for membership.
We cannot agree that the decree
Is ambiguous. We assume, with the
court below, that AP will faithfully
eez5y o1t ~ purpose. Interpreting
Evening star., 1945-06-19

decree to be fully and faithfully
carried out.
The judgment in all three cases
Is affirmed.
Mr.. Justice jackson took no part
In the consideration or decision
Of this case.
The tootnotes tolloD:
l. Rule Sc provides, "a party seek
ing to recover upon claim, counter
claim, or cross-claim or to obtain a
declaratory judgment may, at any
time after the pleading in answer
thereto has been served, move with
or without supporting afddavits for
q summary judgment in his favor
upon all or any part thereof. The
Judgment sought shall be rendered
forthwith If the pleadings, desposi-
tions, and admissions on file, to-
gether with the afIidavits, If any,
show that, except as to the amount
OF damages, there is no genuine issue
as to any material fact and that the
moving party is entitled to a judg-
ment as matter of law"
2. The directors who have this
power to punish are elected by the
members but each member does not
have equal voting privileges in the
election. The bylaws grant one ad-
ditional vote for, each $25 of AP
bonds held by member. This means
that in the election of directors the
owner OF 81 900 bond can cast 40
more votes than a member who owns
no bonds.
All members, however, do not, and
cannot under restrictive provisions
OF the bylaws own an equal amount
OF bonds. In 1912, SO out of 1,247
members owned blocks of bonds of
the face value Of $1,000 or more
totanng more than so per cent of
the outstanding bonds. The court
below found on the undisputed evi-
dence that the bondholder vote
rather than the membership vote
controls the selection of AP di-
rectors.
The directors have power to ap-
portion among the members the ex.
penses Of collecting and distributing
news, and to levy assessments upon
the members. As to this apportion-
ment and levy the bylaws provide
that there shall be no right to
question the action of the board OF
directors in respect to such appor-
tionment or assessments, either by
appeal to . meeting of members, or
otherwise, but the action of the di-
rectors, when taken, shall be final
and conclusive"
8. Another bylaw provides that
"the news which . member shall
furnish as herein required shall be
all such news as Is spontaneous In
its origin, but shall not include any
news that is not spontaneous In its
origin, or which has originated
through deliberate and individual
enterprise on the part OF such
member Of the newspaper specified
in such members certificate of
membership"
Contracted Obligations.
I. The court found that out OF
the 1903 daily EnSlish language
Evening star., 1945-06-19
Contracted Oblisationa.

C0ntf1cted ObLkAtt0ns.
1. The court found that out OF
the 1903 daily English language
newspapers published b the United
Evening star., 1945-06-19
By the Associated Press.

By the Associated Press.
Here is the majority opinion
by Justice Black handed doun
yesterday by the Supreme Court
in the Governments cipu anti
trust case against the Associated
Press.
Evening star., 1945-06-19
Choice Of Associates.

It has been argued that the re-
strictive by-laws should be treated
as beyond the prohibitions of the
Sherman Act. since the owner Of
the property can choose his asso-
ciates and can, as to that which he
has produced by his own enterprise
and sagacity, efforts or ingenuity,
decide for himself whether and to
whom to sell or not to sell.
While 1t Is true in q very general
sense that one can dispose of his
property as he pleases, he cannot go
beyond the exercise Of this right, and
by contracts or combinations, ex-
press or implied, unduly hinder or
obstruct the free and natural fiow
Of commerce In the channels Of
interstate trade" United States v.
Bausch q Lomb Co.. 321 q. 8. TOT,
727.
The Sherman Act was specifically
intended 70 prohibit independent