Evening star., 1941-08-01
News Executives Face
Court Order 10 Compel
Testimony 10 FEC.
Ignore Boord Subpoenus
After Counsel's Opinion
Probe Has No Authority
BY CARTER BROOKE JONES,

BY CARTER BROOKE JONES.
Two newspaper executives, who,
on advice of counsel, ignored sub
poenas to appear today before the
Federal Communications Commits
sion at its inquiry into newspaper
ownership of radio stations, face
court procedure designed to compel
them to testify.
Chairman James Lawrence Fly in
structed the commissions legal de-
partment "to proceed forthwith to
enforce its subpoenas," after Edwin
S. Friendly, business manager of the
New York Sun, and 1t. Comdr.
James G.. Stahlman. Nashville,
Tenn, publisher and former presi-
dent of the American Newspaper
Publishers Association, failed to
answer subpoenas directing them to
appear at today's hearing.
Elisha Hanson, general counsel of
the A. N. P. A, informed the COM
mission the executives were staying
away on his advice. He said he had
advised them not to testify because
in his opinion the commission was
without power to make this inquiry
into the publishing business.
Court Order Mentioned.
Afterward Thomas E. Harris. as
sistant general counsel of the F. c.
c., told newspapermen that District
Court probably would be asked to
issue an order directing the wit
nesses to appear. If the order were
issued and the witnesses still refused
to appear, they would be cited for
contempt of court, he pointed out.
Mr.. Harris said there were two
courses open under the instructions
from Chairman Fly. The commits
sion could take the course he had
indicated or it could ask the indict-
ment of Mr.. Friendly and Mr.. Stahl-
man for alleged contempt of the
commission. He indicated that the
direct court order probably would be
sought.
1--WE will act at once" he added.
Exhibits Are Presented.
j. D. Lloyd, special counsel for the
F. c. c., proceeded with exhibits
which Mr.. Friendly and Comdr
Stahlman had been scheduled to
identify and discuss. Comdr. Stahl-
man is on emergency duty at the
Navy Department.
These exhibits were excerpts from
the proceedings of various conven-
tions of the publishers association
They showed a gradually changing
attitude on the part of the pub
fishers toward radio news, from one
of rigid restriction in the early 1906
toward giving their news to radio
stations to the present liberal at
titude.
M H. AyleSworth. president of the
National Broadcasting Co. from 1926
to 1896, testified briefly concerning
the relation of radio to newspaper
during his administration. He sale
he had predicted that the press as.
| ISOLATION and newspapers eventually
would cooperate with broadcaster!
in providing adequately for news or
the air, and that this had, come IL
pass.
A report made to the 1910 conven.
| tiop of the A. N. p, A. showed tina
stations In which newspapers hav,
a proprietary interest now consti
tute third Of all stations licensed.
F. M. Development Peril Seen.
The F. c. c. had before it toda.
q statement that unless it makes. i
clear it will not attempt to preven
newspapers from owning F. M. radio
stations, the future development O
the new frequency-m -modulation sys
tenn of broadcasting lis question
able"
The statement was made by JOIN
r. Latham, executive vice presiden
of the American Network, Inc, or
ganized to provide network servic'
to F. M. stations, and he indicated
that the whole movement wa
threatened unless newspapers wer,
assured that they could safely in
vest in the new enterprise. Sine,
the order of the commission launch,
ing the investigation, he said, GER
tain newspapers interested in own
ing F. M. stations had hesitated t.
take part in the network plan fol
fear they would be refused licenses
Cites Interest.
! The American Networks expert.
ence has been, Mr.. Latham told tn,
commission, that newspaper pub
fishers or organizations connected O
afiliated with newspaper publishin,
organizations are more interested il
supporting an F. M. network thai
any other class" The witness added