Not only do the directors of the Associated Press deny all insinuations

of unfairness, but they argue that partisanship, and especially

political partisanship, would be impossible in view of the multitudinous

shades of political opinion represented by their constituents. They can

also adduce with justice the fact that in nearly every campaign more

than one political manager has accused them of favoritism, only to

retract when the heat of the campaign was over. The charge of industrial

and social partisanship they meet with a point-blank denial. It is

impossible in the space of this paper to sift the evidence pro and con.

Pending action by the courts the only safe thing to do is to look at the

question in terms of tendencies rather than of facts.

The Associated Press, it has been shown, tends to be a monopoly. Does it

tend to be a one-sided monopoly? The writer believes that it does. He

believes that it may fairly be said that the Associated Press as a

corporation is inclined to see things through conservative spectacles,

and that its correspondents, despite the very high average of their

fairness, tend to do the same thing. It could hardly be otherwise,

although it is possible that there is nothing deliberate in the

tendency. Nearly all the subscribers to the Associated Press are the

most respectable and successful newspaper publishers in their

neighborhoods. They belong to that part of the community which has a

stake in the settled order of things; their managers are business men

among business men; they have relations with the local magnates of

finance and commerce: naturally, whatever their political views may be

(and the majority of the powerful organs of the country are

conservative), their aggregate influence tends to be on the side of

conservatism.

The tendency, too, is enhanced by the articles under which the

Associated Press is incorporated. There is special provision against

fault-finding on the part of members. The corporation is given the right

to expel a member “for any conduct on his part or the part of any one in

his employ or connected with his newspaper, which in its absolute

discretion it shall deem of such a character as to be prejudicial to the

interest and welfare of the corporation and its members, or to justify

such expulsion. The action of the members of the corporation in such

regard shall be final, and there shall be no right of appeal or review

of such action.” The Associated Press rightly prides itself upon the

standing of its correspondents. The majority of them are drawn from the

ranks of the matter-of-fact respectable. In the nature of their calling,

they are not likely to be economists or theoretical politicians. In the

case of a strike, for instance, their instinct might well be to go to

the employer or the employer’s lieutenant for news rather than to the

strike-leader.

Whether the Associated Press is a monopoly within the meaning of the

anti-trust law, whether it actually colors news as the socialists aver,

must be left to the courts to decide. The point to be noticed here is

that it might color news if it wanted to, and that it does exercise

certain monopolistic functions. That in itself is a dangerous state of

affairs: but it seems to be one that might be rectified. The Illinois

Supreme Court has pointed the way. The news-agency is essentially

monopolistic. It has much in common with the ordinary public-utility

monopoly. It should therefore be treated like a public-utility

corporation. It should be subject to government regulation and

supervision, and its service should be open to all customers. Were this

done, the Associated Press would be altered but not destroyed. Its

useful features would surely remain and its drawbacks as surely be

lessened. The right of protest would be entirely swept away; membership

would be unlimited; the threat of expulsion for fault-finding would be

automatically removed from above the heads of members; all newspapers of

all shades would be free to apply the corrective of criticism; and if

its news were none the less unfair, some arrangement could presumably be

made for government restraint.

The Press Association of England is an unlimited coöperative concern.

Any newspaper can subscribe to it, and new subscribers are welcome.

Especially in the provincial field, it is as powerful a factor in

British journalism as the Associated Press is in the journalism of the

United States, yet its very openness has saved it from the taint of

partiality. To organize the Associated Press on the same lines would, of

course, entail hardship to its present constituents. They would be

exposed to fierce local competition. The value of their franchises would

dwindle. Such rival agencies as exist might be ruined, for they could

hardly compete with the Associated Press in the open market. But it is

difficult to see how American journalism would suffer from a regulated

monopoly of that kind; and the public would certainly be benefited, for

it would continue to enjoy the excellent service of the Associated

Press, with its invaluable foreign telegrams and its comprehensive

domestic news; it would be safeguarded to no small extent from the

danger of local or national news-monopolies and from insidiously tainted

news.

Such a reform, if reform there has to be, would, in a word, be

constructive. The alternatives to it, as the writer understands the

situation, would be destructive and empirical. The organization of the

Associated Press would either be cut to pieces or destroyed. There would

thus be a chaos of ineffective competition among either coöperative or

commercial press agencies. Equal competition among a number of

coöperative associations would, for reasons already explained, mean

comparatively ineffective and weak services. Competition among

commercial agencies would have even less to recommend it. The latter

must by their nature be more susceptible to special influences than the

coöperative agency. They are controlled by a few business men, not by

their customers. Competing commercial agencies would almost inevitably

come to represent competing influences in public life; while, if worse

came to worst, a commercialized “news trust” would clearly be more

dangerous than a coöperative news trust. The great reactionary

influences of business would have freer play upon its directors than

they can have upon the directors of an organization like the Associated

Press. If it be decided that even the Associated Press is not immune

from such influences, the public should, the writer believes, think

twice before demanding its destruction, instead of its alteration to

conform with the modern conception of the public-service corporation.

THE ASSOCIATED PRESS: A REPLY

BY MELVILLE E. STONE

[_A letter to the Editor of the Atlantic Monthly, dated August 1,

1914._]

An article under the title, “The Problem of The Associated Press,”

appeared in the July issue of the Atlantic. It was anonymous and may be

without claim to regard. It is marred by several mistakes of fact. Some

of them are inexcusable: the truth might so easily have been learned.

Nevertheless it is desirable that everybody should know all about the

Associated Press, whether it is an unlawful and dangerous monopoly, or

whether it is in the business of circulating “tainted news.” Its

telegrams are published in full or in abbreviated form, in nearly 900

daily newspapers having an aggregate circulation of many millions of

copies. Upon the accuracy of these news dispatches, one half of the

people of the United States depend for the conduct of their various

enterprises, as well as for the facts upon which to base their opinions

of the activities of the world. With a self-governing nation, it is all

important that such an agency as the Associated Press furnish as nearly

as may be the truth. To mislead is an act of treason.

The writer’s history is at fault. For instance, the former Associated

Press never bought a controlling share of the old-time United Press, as

he alleges. Nor did the _Chicago Inter-Ocean_ go to law because it was

refused admission. It was a charter member; it admittedly violated a

by-law, discipline was administered and against this discipline the law

was invoked, and a decision adverse to the then existing Associated

Press resulted. The assertion that a “franchise to a newspaper in New

York or Chicago is worth from $50,000 to $200,000,” will amuse thousands

of people who know that five morning Associated Press newspapers of

Chicago, the _Chronicle_, the _Record_, the _Times_, the _Freie Presse_,

and the _Inter-Ocean_, have ceased publication in the somewhat recent

past, and their owners have not received a penny for their so-called

“franchises.” The _Boston Traveler_ and _Evening Journal_ were absorbed

and their memberships thrown away. The _Christian Science Monitor_

voluntarily gave up its membership and took another service which it

preferred. The _Hartford Post_, _Bridgeport Post_, _New Haven Union_,

and _Schenectady Union_ did the same. Cases where Associated Press

papers have ceased publication have not been infrequent. Witness the

_Worcester Spy_, _St. Paul Globe_, _Minneapolis Times_, _Denver

Republican_, _San Francisco Call_, _New Orleans Picayune_, _Indianapolis

Sentinel_, and _Philadelphia Times_, as well as many others.

The statement that the Press Association of England is an unlimited

coöperative organization betrays incomplete information. Instead, it is

a share company with an issued capital of £49,440 sterling. On this

capital, in 1913, it made £3,708. 9. 10, or nearly eight per cent. And

it had in its treasury at the end of that year a surplus of £23,281. 19.

6, or a sum nearly equal to fifty per cent. of its capitalization. It

sells news to newspapers, clubs, hotels, and newsrooms. It is not, as is

the Associated Press, a clearing-house for the exchange of news. It

gathers all its information by its own employees and sells it outright.

Finally, it does not serve all applicants, but declines, as it always

has, to furnish its news to the London papers.

But there is a more important matter. It is said that the business of

collecting and distributing news is essentially monopolistic. But how

can this be? The field is an open one. A single reporter may enter it,

and so may an association of reporters. The business in any case may be

confined to the news of a city or it may be extended to include a state,

a nation, or the world. The material facilities for the transmission of

news, so far as they are of a public or quasi-public nature, the mail or

the telegraph, are open to the use of all on the same terms. The

subject-matter of news, events of general interest, are not property and

cannot be appropriated. The element of property exists only in the story

of the event which the reporter makes and the diligence which he uses to

bring it to the place of publication. This element of property is simply

the right of the reporter to the fruit of his own labor.

The “Recessional” was a report of the Queen’s Jubilee. It was made by

Rudyard Kipling and was his property for that reason, to be disposed of

by him as he thought proper. He might have copyrighted it and reserved

to himself the exclusive right of publication during the period of the

copyright. He chose rather to use his common-law right of first

publication and he did this by selling it to the _London Times_. He was

not under obligation, moral or legal, to sell it at the same time to any

other publisher.

Every other reporter stands upon the same footing and, as the author of

his story, is, by every principle of law and equity, entitled to a

monopoly of his manuscript until he voluntarily assigns it or surrenders

it to the public. He does not monopolize the news. He cannot do that,

for real news is as woman’s wit, of which Rosalind said, “Make the doors

upon [it] and it will out at the casement; shut that and ’twill out at

the keyhole; stop that, ’twill fly with the smoke out at the chimney.”

The reporter as a mere laborer, engaged in personal service, is simply

free from compulsion to give or sell his labor to one seeking it. Such

is the state of the law to-day.

And the English courts go further and uniformly hold that news telegrams

may not be pirated, even after publication. In a dozen British colonies

statutory protection of such despatches is given for varying periods. In

this country there have been a number of decisions looking to the same

end. The output of the Associated Press is not the news; it is a story

of the news, written by reporters employed to serve the membership. The

organization issues no newspaper; it prints nothing. As a reporter, it

brings its copy to the editor, who is free to print it, abbreviate it,

or throw it away. And to this reporter’s work, the reporter and the

members employing him have, by law and morals, undeniably an exclusive

right.

The next question involves the integrity of the Associated Press

service. The cases of alleged bias he cites are unfortunate. Any claim

that the doings of the Progressives in 1912 were “blanketed” by the

Associated Press is certainly unwarranted. Our records show that the

organization reported more than three times as many words concerning the

activities of the Progressives as it did concerning those of all their

opponents combined. There were reasons for this. It was a new party in

the field, and naturally awakened unusual interest. But also, it should

be said that Colonel Roosevelt has expert knowledge of newspaper

methods. He understands the value of preparing his speeches in advance

and furnishing them in time to enable the Associated Press to send them

to its members by mail. They are put in type in the newspaper offices

leisurely and the proofs are carefully read. When one of his speeches is

delivered, a word or two by telegraph “releases” it, and a full and

accurate publication of his views results. While he was President he

often gave us his messages a month in advance; they were mailed to

Europe and to the Far East, and appeared in the papers abroad the

morning after their delivery to Congress. Before he went to Africa, the

speeches he delivered a year later at Oxford and in Paris were prepared,

put in type, proof-read, and laid away for use when required. This is

not an unusual or an unwise practice. It assures a speaker wide

publicity and saves him the annoyance of faulty reporting. Neither Mr.

Wilson nor Mr. Taft was able to do this, although frequently urged to do

so. They spoke extemporaneously, often late in the evening, and under

conditions which made it physically impossible to make a satisfactory

report, or to transmit it by wire broadcast over the country.

As to the West Virginia coal strike: a magazine charged that the

Associated Press had suppressed the facts and that as a consequence no

one knew there had been trouble. The authors were indicted for libel.

One witness only has yet been heard. He was called by the defense, and

in the taking of his deposition it was disclosed that at the date of the

publication over 93,000 words had been delivered by the Associated Press

to the New York papers. Something like 60 columns respecting the matter

had been printed.

However, “The point to be noticed,” says your writer, “is that it [the

Associated Press] might color news if it wanted to, and that it does

exercise certain monopolistic functions. That in itself is a dangerous

state of affairs; but it seems to be one that might be rectified.” And,

as a remedy, he proposes that “its service should be open to all

customers.” This is most interesting. If the news-service is

untrustworthy, it would naturally seem plain that the activities of the

agency should be restricted, not extended. Instead of enlarging its

field of operations, there should be, if possible, a law forbidding it

to take in any new members, or, indeed, summarily putting it out of

business. If the Associated Press is corrupt, it is too large now, and

no other newspaper should be subjected to its baleful influence.

Your critic adds that then, “if its news were none the less unfair, some

arrangement could presumably be made for government restraint.” Since

the battle against government control of the press was fought nearly two

centuries ago, it seems scarcely worth while to waste much effort over

this suggestion. Censorship by the king’s agents was the finest flower

of mediæval tyranny. It is hard to believe that anyone, in this hour,

should suggest a return to it.

Under the closely censored method of this coöperative organization,

notwithstanding the wide range of its operations, and although its

service has included millions of words every month, it is proper to say

that there has never been a trial for libel, nor have the expenses in

connection with libel suits exceeded a thousand dollars in the

aggregate. This should be accepted as some evidence of the standard of

accuracy maintained.

As to the refusal of the Associated Press to admit to membership every

applicant, the suggestion is made that this puts such a limit on the

number of newspapers as to “stifle trade in the selling of news.” Thus,

says your critic, the Association is “the mother, potential and

sometimes actual, of countless small monopolies.” In reply, it may be

said that we are in no danger of a dearth of newspapers. There are more

news journals in the United States than in all the world beside. If the

whole foreign world were divided into nations of the size of this

country, each nation would have but 80 daily newspapers, while we have

over 2,400. And as to circulation, we issue a copy of a daily paper for

every three of our citizens who can read and are over ten years of age.

With our methods of rapid transportation, hundreds of daily papers might

be discontinued, and still leave every citizen able to have his morning

paper delivered at his breakfast table. Every morning paper between New

York and Chicago might be suppressed, and yet, by the fast mail trains,

papers from the two terminal cities could be delivered so promptly that

no one in the intervening area would be left without the current world’s

news. Every angle of every fad, or _ism_, outside the walls of Bedlam,

finds an advocate with the largest freedom of expression. Our need is

not for more papers, but for better papers—papers issuing truthful news

and with clearer sense of perspective as to news.

Entirely independent of the Associated Press, or any influence it might

have upon the situation, there has been a noticeable shrinkage in the

number of important newspapers in the recent past. One reason has been

the lack of demand by the public for the old-time partisan journal.

Instead, the very proper requirement has been for papers furnishing the

news impartially, and communities therefore no longer divide, as

formerly, on political lines in their choice of newspapers. The

increased cost of white paper and of labor has also had an effect.

Since there are some 500 or more daily newspapers getting on very well

without the advantage of the Associated Press “franchises,” it can

hardly be said that we have reached a stage where this service is

indispensable. This is strikingly true in the light of the fact that in

a number of cities the papers making the largest profits are those that

have not, nor have ever had, membership in the Associated Press.

It will be agreed at once that private right must ever give way to

public good. If it can be shown that, as contended, the national welfare

requires that those who, without any advantage over their fellow

editors, have built up an efficient coöperative news-gathering agency,

must share the accumulated value of the good-will they have achieved,

with those who have been less energetic, we may have to give heed to the

claim. Such a contention, so persistently urged as it has been, is

certainly flattering to the membership and management of the Associated

Press.

But, however agreeable it always is to divide up other people’s

property, before settling the matter there are some things to think of.

First, it must be the public good that forces this invasion of private

right, not the desire of someone who, with an itch to start a newspaper,

feels that he would prefer the Associated Press service. Second, the

practical effect of a rule such as was laid down by the Illinois Supreme

Court, requiring the organization to render service to all applicants,

must be carefully considered. News is not a commodity of the nature of

coal, or wood. It is incorporeal. It does not pass from seller to buyer

in the way ordinary commodities do. Although the buyer receives it, the

seller does not cease to possess it. In order to make a news-gathering

agency possible, it has been found necessary to limit, by stringent

rules, the use of the service by the member. Thus each member of the

Associated Press is prohibited from making any use of the dispatches

furnished him, other than to publish them in his newspaper. If such a

restriction were not imposed, any member, on receipt of his news

service, might at once set up an agency of his own and put an end to the

general organization. This rule, as well as all disciplinary measures,

would disappear under the plan proposed by the critic in the _Atlantic_.

A buyer might be expelled, but to-morrow he could demand readmission.

There would in practice no longer be members with a right of censorship

over the management; instead, there would be one seller and an unlimited

number of buyers. Then, indeed, there would be a monopoly of the worst

sort. And government censorship, with all of its attendant and long

since admitted evils, would follow. Under a Republican administration,

we should have a Republican censor; under a Democratic administration, a

Democratic censor. And a free press would no longer exist.

Absolute journalistic inerrancy is not possible. But we are much nearer

it to-day than ever before. And it is toward approximate inerrancy in

its despatches that the Associated Press is striving. If in its method

of organization, or in its manner of administration, it is violating any

law, or is making for evil, then it should be punished, or suppressed.

If any better method for securing an honest, impartial news service can

be devised, by all means let us have it. But that the plan proposed

would better the situation, is clearly open to doubt.

CONFESSIONS OF A PROVINCIAL EDITOR

BY PARACELSUS

There is something at once deliciously humorous and pathetic, to the

editor of a small daily in the provinces, about that old-fashioned

phrase, “the liberty of the press.” It is another one of those matters

lying so near the marge-land of what is mirthful and what is sad that a

tilt of the mood may slip it into either. To the general, doubtless, it

is a truth so obvious that it is never questioned, a bequest from our

forefathers that has paid no inheritance tax to time. In all the host of

things insidiously un-American which have crept into our life, thank

Heaven! say these unconscious Pharisees, the “press,” if somewhat

freakish, has remained free. So it is served up as a toast at banquets,

garnished with florid rhetoric; it is still heard from old-fashioned

pulpits; it cannot die, even though the conditions which made the phrase

possible have passed away.

The pooh-poohing of the elders, the scoffing of the experienced, has

little effect upon a boy’s mind when it tries to do away with so

palpable a truth as that concerning the inability of a chopped-up snake

to die until sunset, or that matter-of-fact verity that devil’s darning

needles have little aim in life save to sew up the ears of youths and

maidens. So with that glib old fantasy, “America’s free and untrammeled

press”: it needs a vast deal of argument to convince an older public

that, as a matter to be accepted without a question, it has no right to

exist. The conditioning clause was tacked on some years ago, doubtless

when the old-time weekly began to expand into the modern small daily.

The weekly was a periodic pamphlet; the daily disdained its inheritance,

and subordinated the expression of opinion to the printing of those

matters from which opinion is made. The cost of equipment of a daily

newspaper, compared to the old-fashioned weekly, as a general thing

makes necessary for the launching of such a venture a well-organized

stock company, and in this lies much of the trouble.

The Profession of Journalism A Collection of Articles on Newspaper Editing and Publishing, Taken From the Atlantic Monthly · 第 10 / 22 段