Evening star., 1938-11-16
Radio Quiz Admits
Data Over Protest
OF Own Counsel
n. B. G. Witnesses
And Dempsey
Wfonqle

Over objection OF its own counsel,
the Federal Communications Com
mission today admitted into its rec
ords OF hearings of the radio broad
casting industry statistical exhibits
of consumer income and testimonials
by radio artists. The material had
been prepared and was submitted by
the National Broadcasting Co.
The commissions acceptance of
the material followed several heat
ed exchanges between NJ B. c. wit
nesses and William j. Dempsey,
Government counsel. concerning
pertinency Of the evidence.
The initial clash occurred when
Hugh M. Beville, jr., chief statisti-
clan of the company, offered dia-
gram purporting to show the con-
sumer incomes of the United States,
and Mr.. Dempsey asked the purpose
for introducing it. Philip J. Hen
nessey, jr., N. B. c. counsel, said the
figures were gathered in connection
with the commissions own policy
of protecting the public interest.
Later, while Mr.. Beville was tes-
tifying on another chart, Mr.. Demp-
sey objected to him as witness on
the ground he was not qualified as
an economist. Mr.. Hennessey jumped
to his feet and, addressing the
chairman, said:
After all, this is your investiga-
ton. We are merely trying to be
helpful to you in offering these
charts which We have had prepared" i"
Testimonial Shown.
"You are here to produce certain
evidence" Mr.. Dempsey replied
heatedly. you are not doing me
personal favor by appearing
If you do not want US to be help
full and present this evidence" Mr.
Hennessey replied, you can object" :"
Mr.. Hennessey told the commits
sion the figures shown on the charts
were gathered by the N. B. c. for
the purpose of showing facts which
were considered important in di-
recting the broadcasting industry.
At the conclusion of the cross
examination Of Dan S. Tuthill Mr..
Hennessey informed the commission
that George Engles, vice president
of N. B. C. and managing director
Of its Artists Service. Inc. who was
scheduled to take the stand this
morning, was prevented by illness
from doing so. However, Mr.. Hen
nessey exhibited to the commission
. testimonial bearing the signatures
Of "a number Of prominent radio
artists, which mad been presented
to Mr. Engles in appreciation Of his
friendship to these artists.
Mr. Dempsey entered strong OBJ
lection to putting such an exhibit
or laudation into the record.
Artists Pay Discussed.
Yesterdays hearing also had
been marked by pickering between
Mr.. Dempsey and Mr.. Tuthill. who
also is active In directing the Artists
Service, Inc.
Attempts to give the commission
the many ramifications in the find-
ing, employment and distribution Of
talent caused the clashes.
Mr.. Tuthin contended he was try
ing to give the general counsel the
information he was seeking, and
asserted the engagement and en-
ployment of artists could not be
dealt with on a dollar and cents
basis
Mr.. Tuthill explained that an
artist whose services were worth
800 could not do a good job if he
was given 4 job at SIS. because OF
Temperament He explained that
the Artists Service was interested
primarily in getting fair price for
the artist, and merely acted as
agents for the artist.
While Mr.. Tuthill explained that
the contract between Artists Serv-
ice and the artists contained a pro-
vision by which the artist held his
services exclusively for that service,
he said they were not held to it.
Chairman Frank r. McNinch, pre-
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