| Show t I 1 U. U S. S Files Brief In n A. A P. P Appeal WASHINGTON N Nov v. v 9 9 UP UP- UP The Thc Justice filed a brief in In the supreme court Thursday asserting asserting that a lower court antitrust antitrust antitrust anti anti- trust judgment against the Associated Associated Asso Asso- dated Press would further rat rather cr than abridge freedom of ot the nations nation's nations nation's nations nation's na na- na- na tion's press of freedom freedom freedom free free- So far as the concept dom of the press is at all relevant relevant rele rele- vant the brief briet said the objectives objectives objectives tives of the constitutional provi provi- provision sion will be furthered and not abridged by removing barriers erected by private te combination against access to reports of the world news irhe The page brief was the governments government's gov gov- governments government's ov answer to the one filed b by the Associated d Press and the Tribune a codefendant in inan inan inan an appeal to the high court for a reversal of a 8 decision b by the southern southern southern south south- ern New York federal district court last January Argument before before before be be- fore the supreme court on the case caso scheduled next week 4 The he lower court ruled that Associated Asso Asso- elated date Press Pres's laws by-laws under which an art applicants applicant's newspaper competitive tl tive tle e ability was considered as a condition of membership were in violation of oC the tho federal antitrust 1 lows s and enjoined Ass Associated Press observing other exclusive agreements among members un un- 1 Jeas s membership laws by-laws were re re- re- re I own written I Thc A. A P P. P contended in its brief that the antitrust judgment was a ac c contradiction of the constitutional guarantee of free speech press and religion and that it would c change the press into a regulated public utility The governments government's brief Thursday Thursday Thursday Thurs Thurs- day made a a. major point of the Associated Press contract with the Canadian Press The latter is 15 a a. I nonprofit membership corporation I of or Canadian newspapers described by the A A. A P P. P as its counterpart in inC C Canada nada Under the contract y the brief said the A A. A P P. P was given in 1935 a year 10 monopoly not of C Canadian nadian news as such but of the theo o only ly available comprehensive a and d ds s speedy seedy eedy report of the news of a great neighboring country rIt rIf If the Sherman act san sanctions ions t the e Canadian press contract it itc c continued it would appear to be bep p permissible for A A. P. P to enter Into a aperies series of or exclusive news exchange c contracts with foreign news agen agen- ci cies s. s Prior to 1932 indeed the flow of Ie news from country to country was vps to a large extent governed by just such contracts I I The brief then reviewed the 1902 agreement made by A A. A P. P Reuters British Havas French I and Continental compagnie compagnie com- com German under which A uA P P. P was exclusively entitled in inthe inthe the United States to the news of oC the three thre foreign agencies and amI andA A A. A. A P. P was barred from furnishing its news to anyone other than these agencies outside of oC North America Central America and U.s. U. U s. s S B possessions Treaty r agreement was followed by a treaty among the four agencies agen des cies in 1927 which ac according to the brief began with the recital that they have regulated between themselves the exploitation of the news It gave A. A P. P the exclusive news distribution of the field of North America and United United Unit Unit- ed ea States possessions but reserved t to r Reuters and Havas a free freehand ree hand h hind ind In Canada Canad and Mexico and andt t f A. A P. P a free hand in Central America South America and Cuba tIt ill Il then cited a year five-year contract AJ N P P. made with the United Press in id 1931 1934 providing that neither would contract for the tho news of any European agency unless the agency's agency's agen agen- c cys cy's s 's news was available to the theother theother theother other on the same terms A Ps P.'s general manager de dc- s this contract with U. U P. P as a thrust at the Victorian news agency mon monopoly poly the brief said The thrust however was so phrased as not to include the A. A P. P P.- P. C Canadian nadian contract for exclusive news exchange and the thrust was q quietly ended by the same general of ot A A. P P. P for reasons not stated by giving U. U P. P on Oct Ocl 5 5 1938 1936 advance notice of termination t tion s of A. A Ps P.'s contract with U. U P. P |
