Evening star., 1938-10-13
William J. Dempsey Named
Temporary Successor
by Commission.
SYKES, BROWN, WALKER
BACK M'NINCH MOTION
Charges Of Ineficiency and Lack
of Administrative Ability
Made by Chairman.
picture on Page A-3.)

The Federal Communications Com
mission this afternoon, by a vote Of
to 2, directed the dismissal of
Hampson Gary, general counsel and
former member of the commission.
At the same time, William ]. Dempsey,
special counsel to the chairman, was
named acting general counsel
While Mr.. Gary will not sever his
official connection with the commits
sion until December IS, his official
duties will be ended at the conclusion
Of business today, the interim being
granted to him as leave
Chairman Frank r. McNinch made
the motion for the dismissal and
those who voted with him we're Com
missioners Eugene o. Sykes, Thad
Brown and Paul Walker. Those voting
against the dismissal were George
Henry Payne and T. A. M. Craven.
Commissioner Craven pleaded with the
chairman to grant more time for the
consideration of the motion, but this
was promptly denied
Commissioner Payne asked Chair
man McNinch if there were any
charges against Mr. Gary, and he
cited, without any specifications. ineffi-
cheney and lack of administrative abil-
ity. There was no seconds to the
charge 1t is reported, however, that
one of the differences between the
chairman and Mr.. Gary was that he
could not find legal reason for pre-
venting a hearing in the case of Sta
ton WLW which was seeking con-
tinuance of its license to use 100000
watts power
Meeting Is Advanced.
The purge meeting had been sched-
uled for ii o'clock tomorrow. but
shortly after the commission as
sembled this morning to hear argu-
ments in certain broadcasting cases.
Chairman McNinch announced that
the purge meeting would be held at
the conclusion of the session for ar
guments. Only four of the commits
sioners sat in on the arguments, being
the four who voted to purge Mr.. Gary.
Commissioner Norman S. Case was
not in attendance at any of the ses-
sions, being confined to his home on
account of illness 1t is understood,
however, that he had made plans to
attend the session which had been
originally scheduled for tomorrow
The general counsel is reported to
have refused request by Chairman
McNinch for his resignation. A special
meeting was called yesterday presuma-
bly, to consider Mr.. Gary's election,
but it later was postponed until Fri
day, MIR. Gary is former member
of the commission.
Breach Is Widened.
The controversy over Mr.. Gary fur
ther widens the breach in the F. c. c.
which came into the open when Chair
man McNinch sent his letter to the
Civil Service Commission asking au-
thority to remove from the competitive
civil service list all lawyers, exam
iners, the director of the Division of
Information and certain confidential
clerks.
Mr. Gary is a native of Texas, where
he was born in 1878. He was captain
of volunteers in the Spanish American
War, and has had distinguished legal
career. In 1914 he was made a spe-
cial counsel to the Department of
State and later became solicitor. After
the entrance of the United States into
the World War, in 1877, President
Wilson sent him as the United States
envoy to Egypt. In 1919 he was in
Paris for technical work with the
American commission to negotiate
peace. He later was Minister to
Switzerland.