Evening star., 1942-01-26
StahIman Must Testify
AF.C.C. Hearing,
Appeals Court Rules
District Tribunal Finding
Affirmed; Records and
Privacy Sofeeuorded

Inc rlgnC OF the feQeral COM
munications Commission to investi-
gate newspaper ownership of radio
stations within certain limitations
was upheld here today by the Court
of Appeals, but the agency was
warned that it had no legal right to
engage In q fishing expedition" in
its inquiry.
Certain very definite limitations
on the scope Of the r. c. c. inves-
tigatiOn were established by the
court, in rendering its decision on an
appeal made by James G. Stahlman,
publisher of the Nashville (TennD
{ Banner, and former president of
the American Newspaper Publishers
Association.
Mr.. Stahlman had been ordered
by the F. c. c. to appear before that
group in connection with the inquiry
into joint newspaper-radio owner
ship. He had refused and the COM
mission appealed to the District
Court to force his appearance. That
court held that he had to appear.
District Court Upheld.
The appellate court today upheld
the decision Of the District Court,
on the grounds that the act which
established the commission gave 1t
the right to make inquiry into Ger
tain aspects OF the ownership and
operation Of radio stations.
However, the Court of Appeals
clearly warned that the decision did
not mean that the commission was
authorized to force witnesses "to
bare their records, relevant or ir-
relevant, in the hope that something
will turn up, or to invade the pri-
vacy protected by the fourth amend
ment"
The commission may seek
through an investigation of its own
making information properly ap-
plicable to the legislative standards
set up in the act" the court held,
but added:
I'VE should not assume that the
investigation will be conducted for
any other purpose or in disregard
of the constitutional limits which
govern such procedure.
Rights Of F. c. C.
The court expressed the opinion
obtain information on these ques-
tions:
Whether the joint association of
newspaper and radio stations is
prejudichg the free and fair pres
entation Of public issues and infor-
nation over the air, whether 1t
tends to restrict or distort the
broadcasting of news. whether it
restricts freedom Of access to the
radio for discussion of public issues
or unduly limits access Of news
gathering agencies.
Furthermore, the court held, the
F. C. c. may inquire as to whether
the newspaper-radio association will
result in improving broadcast IA
cilities and the dissemination of
news and in insuring greater finan-
cial stability and chronological ad-
vances.
These subjects are clearly within
Vic AuiCiC iChb ROWCAS Vi IiiC SSnAhiiS-
sion," even though the information
is not sought for pending legislation.
Justices Concur.
The court indicated that there was
some question as to the commission
right to inquire into what consid-
erations influence newspaper inter-
ests to acquire broadcast stations"
The decision was rendered by
Chief Justice D. Lawrence Groner
with the concurrence of Associate
Justices Fred M. Vinson and Henry
w. Edgerton. Justice Edgerton, in
a supplementary paragraph. ex-
planned that he was not passing on
the question of whether it was in
the public interest for newspapers
to own radio stations. and said:
Il express no opinion of that po-
sition. 1 think we should wait until
it arises and the interested parties,
including the commission, are heard
upon it,"