Evening star., 1945-06-19
Supreme Court Bars
Ability a!
Test Of AP Member
Minority Charges Ruling
Places News Service
Under Court TuteIoee'
fTerts OF Majority and Dissenting
Opinions on Pages As and A-7J
BY the Associated Press.

! BY the Associated Press.
A Federal District Court order
requiring the Associated Press to
relax it's bylaws on admission of
members bore Supreme Court
approval today,
Over a minority protest that the
news-gathering cooperative is be-
ing treated as public utility and
being put under court tutelage,"
the high tribunal late yesterday
ruled, to 3, that the bylaws re-
strain trade and, therefore, violate
the Sherman Antitrust Act.
The decision came near the close
of a day-long session winding up the
court term. The court recessed until
october /.
Must Amend Rules.
| The action backed up in full the
2-to-1 summary judgment of spe-
cial District Court in New York that
the AP membership laws must be
amended to prevent AP members
from considering the competitive
ability of an applicant for member
ship.
The decision, however, as did the
lower court ruling. permit the AP
to place restrictions on membership
and leaves in effect, providing the
membership rules are changed, other
bylaws attacked by the Govern
} ment.
These cover an exclusive news
exchange with the Canadian Press !;
permit the AP to limit its news ex-
clusively to AP members and to re-
ouire members to furnish local news
solely to the AP.
The court turned down the Gov
ernment's appeal for more ex-
plicit" order on changes in the
membership bylaw and for a
broader decree outlawing the Cana
dian Press contact and the agree
ment of AP members to supply
their local news exclusively to
the AP.
Claims Government Victory.
Assistant Attorney General Wen
dell Berge. however, claimed VIC
tory for the Government ION all OF
the most important points Of the
case"
In another statement, Attorney
General Biddle said the decisions
. meant that "the right to have ac-
cess to and the right to print all the
. news are no longer a monopoly OF
large publishers.
"It means" Mr.. Biddle added,
real competition in the business of
disseminating news, and an end to
: system whereby vested interest
has limited and controlled the right
to engage in the newspaper busi-
ness"
Robert Mclean, president of the
2 Associated Press, and counsel for
E the AP in New York both said there
| would be no comment pending q
study of the decision.
Justice Black, who wrote the
, opinion for the majority, noted that
t the District Court retains jurisdic-
ton over the case and can take any
measures it deems necessary to see
that the decree is fully and faith
!, fully carried out"
Under Court Tutelage.
1t was this situation that prompt
ed Justice Roberts to observe in his
dissent that from now on ZAP Is
to operate under the tutelage of the
court"
Regardless of the manner in which
the bylaws are amended or what
ever judicial blessing" is given the
new bylaws, Justice Roberts said
lit is certain that every refusal to
deal with any newspaper will evoke
a fresh exercise of the judicial
guardianship"
The decree, Justice Roberts de-
clared, eventually may force "full
and complete RECOMMENDATION" of all
(see ASSOCIATED PRESS, Pg. A-5)