515 wire sent to members who had stated that they in- tended to give such proxy to the Tribune Company is hereto attached and made a part hereof as Exhibit 11; and a copy of the letter suggesting the insertion of such clause is hereto attached and made a part hereof as Exhibit 12. [fol. 694] ExHIBIT No. 10 (Western Union Telegram) Chicago, Ill., March 20, 1942. If you wish the proxy which you have heretofore sent to the Chicago Tribune with respect to the Sun's application for membership in the Associated Press to remain in full force and effect in the event that you also intend to sign the management proxy sent to you on or about March 19, or any other proxy which you may desire to execute for any other purpose, please insert above your signature in such management or other proxy the following language: quote Excepting, however, this proxy does not cover or apply to applications for membership where a proxy may hereto- fore have been or may hereafter be given to another by the undersigned unquote. EXHIBIT No. 11 (Western Union Telegram) Chicago, Illinois, March 20, 1942. In order to give full force and effect to the proxy you have stated you intend to give to the Chicago Tribune upon the Sun's application for membership in the AP, it will be necessary for you to insert above your signature in the management proxy which was sent you on or about March 19 or any other proxy you may hereafter sign the following language: quote Excepting, however, this proxy does not cover or apply to applications for membership where a proxy may heretofore have been or may hereafter be given to another by the undersigned unquote. 516 EXHIBIT NO. 12 March 20, 1942. We are informed that the management of the Associated Press is sending out proxies for you to sign. This the man- agement does in accordance with its custom. You may [fol. 695] properly wish to sign the management proxy; but, in order that it does not conflict with the proxy which we have already sent you and which you (may) have al- ready signed and returned to us, we wish you would write in at the end of the first paragraph of the management proxy the following language: "'except upon applications for membership where a proxy may heretofore have been or may hereafter be given to another by the undersigned." Please insert this language in any other proxy you may hereafter execute. If you have signed and forwarded the management proxy without writing in the above language, it will be necessary for you to reexecute the Tribune proxy, a copy of which we are enclosing. Please note that the last sentence of the enclosed proxy provides as follows: "I hereby revoke any and all proxies heretofore given by me in so far as the same relate to the election of Marshall Field as owner of The Chicago Sun to mem- bership. " This allows the management proxy or any other proxy you may execute to stand with respect to all matters except the election of Marshall Field to membership and constitutes Colonel McCormick your proxy only with respect to this subject-matter. This I believe is your intent. Would you mind advising us just what action you have taken. Thanking you, I remain Sincerely yours, (f) Many members upon receiving the proxy from the management of The Associated Press, the proxies sent by the Tribune Company, and the wires and let- ters sent by the Tribune Company referred to above 517 became confused and added the suggested insertion to the proxies sent to them by the Tribune Company. [fol. 696] Because of this confusion the Tribune Com- pany sent a new proxy form to each member from whom it had prior thereto received a proxy. A copy of such proxy form is hereto attached and made a part hereof as Exhibit 13, and a copy of the form letter which accompanied such new proxy form is hereto at- tached as Exhibit 14. EXHIBIT NO. 13 Proxy To Vote at Meetings of The Associated Press Know all Men by these Presents, That, pursuant to the provisions of Section 4 of Article IV of the By-Laws of The Associated Press, I .................................. (Name of Member or, if Member is not an Individual, Representative of Member) do hereby constitute and appoint Robert R. McCormick, attorney and agent for me and in my name, place and stead, to vote as my proxy at the Forty-third Annual Meeting of the members of The Associated Press, to be held on the 20th day of April, 1942, and at any adjournment of said meeting, against the election of Marshall Field, as sole owner of The Chicago Sun, to membership in The As- sociated Press, as filly and with the same force and effect as I might do if personally present. If for any reason the above named proxy, Robert R. McCormick, is unable to act, I hereby authorize him to appoint any substitute to act in his stead as such proxy on my behalf. It is under- stood that I do not hereby authorize the above person to vote as my proxy on any proposed amendments to the By- Laws of The Associated Press which may be submitted at said meeting. I. hereby revoke any and all proxies heretofore given by me in so far as the same relate to the election of Marshall Field as owner of The Chicago Sun to membership. 34-2891 518 [fol. 697] In Witness Whereof, I have. hereunto set my hand this - day of , nineteen hundred and forty-two. (Signature of Member or Representative of Member) (Name of Member, if Member is not an Individual) (Name of Newspaper) (Place of Business) (Witness) NOTICE: If the Member of the Associated Press is an in- dividual, this proxy should be executed by such individual. If the Member is not an individual, this proxy should be executed by the individual regularly designated to repre- sent the member as provided in Article III, Section 5 of the By-Laws of The Associated Press. EXHIBIT NO. 14 Dear ........................... : We have received from you a proxy against the appli- cation of the Chicago Sun for membership in the Asso- ciated Press. This proxy is, of course, very much appre- ciated. Apparently, however, our communication with regard to the protection of this proxy by the insertion of certain wording in other proxies was not clear. The quotation was not intended for use on the Tribune proxy, but only on any proxy which you might issue to some other party after signing our proxy. Therefore, a new proxy form is enclosed. Will you please have it executed and returned to me? If, after filling out this new Tribune proxy, you issue another proxy to anyone else on any other subject for use at the Associated Press meeting, will you please insert above your signature in such other proxy the following language: 519 [fol.698] "Excepting upon applications for member- ship where a proxy has been or may hereafter be given to another by the undersigned." (Do not add this language to the enclosed Tribune proxy.) We are sorry to bother you again but your adherence to the above precautions will eliminate all questions concern- ing your position. Sincerely, Interrogatory7: List the names of all AP members from whom the Tribune Company or any of its officers, em- ployees or representatives, or persons acting in behalf of the Tribune Company or Robert Rutherford McCormick, requested votes or proxies to be cast at the annual meet- ing of AP members held in April 1942 upon the application of Marshall Field for membership in The Associated Press, and state with regard to each AP member so requested (a) whether the request was written or oral, (b) the indi- vidual who made the request and the date thereof, (c) the substance of the request and of the response thereto, (d) whether a proxy was given as a result of the request and, if so, to whom, and (e) whether the vote of the member was cast, in person or by proxy, in opposition to the elec- tion of Marshall Field. Answer: A These defendants are advised and believe that no specific requests for votes or proxies were made in connection with the reasons given by defendant McCormick, W. E. Mac- farlane, or Elbert M. Antrim in opposition to the election of Marshall Field referred to in the answer to Inter- rogatory 6 above. If any such statements may be con- strued as requests for votes, however, then these defend- ants state: (a) They do not know the names of the members of The Associated Press to whom such statements were made. They were made as stated above to members [fol. 699] who asked the position of these defendants with respect to Field's application. Some members, without any request from the Tribune or any of its em- ployees, stated that they were opposed to Field's elec- 520 tion and gave their reasons for being so opposed. No record was kept of these conversations. These defend- ants believe such statements were made to not more than twenty members, if that many. (b) The statements were oral. (c) The individuals who made the statements are named above. The dates upon which such statements were made are not remembered. (d) The substance of the statements is set forth in the answer to Interrogatory 6 above. The responses to said statements are not remembered. (e) These defendants do not know whether a proxy was given as a result of such statement.