Evening star., 1945-06-19


A partial teIt of Justice Doug
las concurrtng opinion in the
AP case:
I join in the opinion Of the court
But in view of the broader issues
which have ben injected into the
discussion Of the case. add a few
words to indicate what I deem to
be the narrow compass of the de-
cision
Every exclusive arrangement in
the business or commercial field
may produce a restraint of trade.
A manufacturer who has only one
retail outlet for his product may
be said to restrain trade in the
sense that other retailers are pre-
vented from dealing in the COM
modify. And to degree, the same
kind Of restraint may be found
wherever a reporter is gathering
news gathering for one news
paper. '''
As developed in the opinion OF the
court, the bylaws Of the Associated
Press were aimed at the competitors
of the Associated Press members;
their necessary effect was to hinder
or impede competition with mem
bers Of the combination. The Dis
trict Court not only ordered the by
laws to be revised: it enjoined con-
tinuance of the exclusive arrange
ment until the restraint effected by
the bylaws had been eliminated.
That was plainly within its power
For 1t is we'll settled that a feature
Of an illegal restraint Of trade, which
is innocent by itself and which may
be lawfully used If independently
established, may be uprooted along
with the other parts Of an illegal
arrangement.
We certainly cannot say that the
District Court abused its discretion
in adopting that course here as an
interim measure pending a revision
Of the bylaws.
CD Such an exclusive arrange
ment as we have here might result
in the growth OF monopoly in the
furnishing of news, in the access to
news. or in the gathering or dis
tribution of news.
Points to Limits Of Decree.
The decree which We approve
does not direct Associated Press te
serve all applicants. 1t goes nc
further than to put ban on As
sociated Press practice Of discrim-
mating against competitors Of its
members In the same field or ter
ritory.
That entails not only a discon-
tinuance Of the practice for the
future but an undoing of the wrong
which has been done. II Associated
Press. after the effects Of that dis
elimination have been eliminated,
freezes its membership at a given
level, quite different problems would
be presented. Whether that would
result in monopoly in violation of
Article l of the act is distinct from
the issue in this case.
BY the Associated Press.
A partial tert OF Justice Frank
turter's concurring opinion in
the AP case:
The District Court properly ap-
piled the Sherman law in enjoin-
ing the defendants from continuing
to enforce the existing bylaws re-
stricting membership In the Asso-
ciated Press, and further enjoining
the enforcement Of another restric-
tive bylaw forbidding Associated
Press members to communicate
spontaneous" news to non-mem-
bers.
The Associated Press Is in es-
sence the common agent Of about
800 newspapers in the various cities
throughout the country for the in
terchange Of news which each paper
collects in its own territory. and
for the gathering, editing and dis
tributing of news which these men,
ber papers cannot collect single
handed and which requires their
pooled resources.
The historic development of this
agency. its worldwide scope, the
pervasive influence it exerts in OBJ
tanning and disseminating informa-
ton, the country's dependence upon
1t for news Of the world-all these
matters are of common knowledge
and have been abundantly spread
upon the records Of this court.
Network Of Agreements.
The bylaws in controversy oper-
ate in substance as network of
agreements among the members of