Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-02-08
Secret Hearing
Seen on Charge
Against Mack
BY LEE M. COIN
star star Writer

star stan Writer
House investigators may 60
into secret hearings on charges
against Richard A. Mack Of
the Federal Communications
Commission, If they decide the
accusations are especially seri-
Gus.
The allegations involve his
role In the FCC's award Of tele-
vision channel 10 In Miami
to q subsidiary of National Air
lines last yeaf. The action
over-ruled q hearing examiners
recommendation.
Chairman Moulder Of the
Legislative Oversight Subcom-
mittee left the implication that
charges against Mr.. Mack in
this case are more serious than
accusations already lodg e d
against FEC Chairman John
C. Doerfer.
Secrecy Questioned
Mr.. Moulder, a Missouri
Democrat, told reporters yes
terday his subcommittee had
discussed the Mack case in a
closed meeting. He said one
member raised the question Of
whether a House rule on secret
hearings might apply to the
charges against Commissioner
Mack.
This rule requires closed
hearings If a committee "de-
termines that evidence or testi-
mony at an investigative hear
ing may tend to defame, de-
grade, or incriminate any per-
SON."
A reporter observed that the
subcommittee held public heat
ings this week to air charges
that Mr.. Doerfer had collected
travel expense money from both
the Government and the broad
casting industry. Mr.. Moulder
said consideration of closed
hearings for Mr.. Mack implies
a different degree" of serious
ness in the two situations.
Oyerruled Recommendation
In the channel 10 case, FEC
Examiner Herbert Sharfman
recommended approving the
application Of station WHAT.
But. the commission voted AZ
in favor of Public Service Tele-
vision, Inc, a wholly owned
subsidiary of National Airlines.
Joining Mr.. Mack in the ma
jority were Commissioners
Doerfer, Robert E. Lee and
George C. cConnaughey. Mr..
Met onnaughey no longer is on
the FEC, but is on the witness
list for the subcommittee's
probe.
MFR. Moulder said he would
not decide whether to invoke
the secret hearing rule pending
further study Of the Mack case.
The subcommittee also voted
yesterday to require its coun-
sci, Bernard Schwartz, to sub
init specific written charges
concerning the conduct of FEC
members. He is to include all
matters within the knowledge
and in the possession of the
committed or its staff" accord
ing to the resolution adopted
by unanimous vote.
Witnesses must receive the
specifications at least three
days before undergoing inter-
rogation. But the resolution
does not bar questions on rele-
want matters "of which the
committee or It's staff are not
fully informed"
Charges Not Specific
Yesterdays action grew out
Of complaints by commissioners
and some members of the sub
committee that misconduct
charges have not been Suffi-
GENTLY specific. 1t sounded like
a reprimand against DR..
Schwartz.
Public hearings resume Tues
day. Commissioners will be
called to the witness stand in
order Of seniority. starting with
Rosel H. Hyde, Each commits
sioner will be directed to draft
and submit a list of trips made
at the expense, in whole or part,
Of industries they regulate.
Although Mr.. Moulder called
the resolution clarifying" he
was not quite clear about what
types Of questions would be of
bounds next week. The main
part of the questioning on con-
duct may be postponed.