Show AGAINST ASSOCIATED PRESS I ILLINOIS SUPREME COURT DECIDES DE-CIDES AN APPEAL I It was the Case Brought by Chicngo Inter Ocean and Decree of Lower I Court is Reversed Springfield III Feb OIn the appeal ap-peal of the Inter Ocean Publishing company against the Associated Press tho Supremo court today rendered an opinion reversing the decree entered by I the Cook County Circuit court and the Appellate court for thy First district and remanded the case to the Circuit court with directions to enter a decree as prayed for In the original bill filed by 1 the Inter Ocean Publishing company 1 to restrain the Associated Press from suspending or expelling the petitioner from Its membership and from refusing to furnish It news according to the contract I Tho bill sets up the fact that the Associated As-sociated Press has been able to control con-trol the business of buying and accumulating i accu-mulating news In Chicago and selling the same and having thus created for I Itself an exclusive monopoly and to I preserve such monopoly had declared the Sun Printing and Publishing company I com-pany a rival or competitor In business I and antagonistic to It and sought to I I prohibit Us members from buying news therefrom under penally of suspension I I or expulsion I It was also alleged that the appellee I I had compelled some of its members by I threats to cease buying the special news I of the Sun Printing and Publishing association under its contract with the members Including the appellant I Tho aJ > Tl > lIce filed an answer to the bill and a hearing was had the Circuit I court dismissing the bill for want of I equity and on appeal to the appellate I court this decree was affirmed I The Supreme court now reverses the t decree and remands the case The opinion written by Justice Phillips Phil-lips holds that the manner In which the corporation has used Its franchise has charged Its business with a public Interest In-terest It has devoted Its property to a public pub-lic use and has in fact granted to the public such an Interest In its use that It must submit to be controlled 13 the public for the common good to the extent ex-tent of the Interest It has thus created In the public In Its private property The sole purposes for which news was I gathered was that the same should be sold and all newspaper publishers desiring de-siring to purchase such news for publication pub-lication are entitled to purchase the same without discrimination against I themTho t Tho clause of the contract which sought to restrict the appellant from obtaining news from other sources than from appellee Is an attempt at restriction restric-tion upon the trade and business among the citizens of a common country Competition Com-petition can never he held hostile to public Interests and efforts to prevent competition by contract or otherwise can never bo looked upon with favor by 1 the courts The court llnds that the bylaw of the appellee corporation which seeks to prevent pre-vent its members from publishing Its special or other news or receiving such news from any person declared by It hostile Is not required for any corporate corpor-ate purposes nor Included within the purposes of the creation of the corporation corpora-tion To cnforce this bylaw and con trade made under It would enable the appellee to designate the character of I news to be published and whether true or false there could be no check on It by publishing news from other sources Appellee would be powerful in the creation crea-tion of a monopoly In Its favor and could designate the character of the news It i would furnish and could prejudice preju-dice the Interests of the public Such u power was never contemplated In Its creation and IB hostile to public interests Inter-ests The clear offict of this bylaw Is Ito I-to create a monopoly which renders it I void I l I |