Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-03-14
Plan 10 Curb
Press Mergers
Called Illegal
BY the Associated Press

Association said today 1t woult
be clearly unconstitutional
for Congress TO enact specia
legislation TO restrict newspaper
mergers.
This statement by Stamford
Smith. the ANPA official. ans
other arguments submitted By
spokesmen for the publisherl
group drew sharp comments
from members Of a House Anti.
trust Subcommittee investignt.
ling concentration Of ownership
Of news media.
Chairman Celler, Democrat
Iof New York, took issue with
statements In q l7e-page brief
submitted by the ANPA. The
brief was prepared by the asso-
Stations general counsel, Arthur
B. Hanson and special counsel
8. Chesterfield Oppenheim.
Asks Equal Treatment
Mr.. Celler said that II Mr.
Smith contends It would not bs
proper for Congress to act Il
curb newspaper mergers, ~
take 1t that you hold that w
have no right TO inquire ever
into whether or no We should
help you"
Mr.. Smith said the ANPA
was not arguing that the SUBJ
committee lacks power to in
vestigate or lesislate In the
antitrust field.
He added: I'VE do not seek
special legislation on behalf OF
newspaper mergers. Newspaper
mergers today are treated like
all other businesses and that il
exactly the way we think 1t
ought to be-"
Mr.. Hanson said special leg
islation on newspaper mergers
would raise q question which
I'm sure would be litigated in
court"
As for the brief on news
papers and the antitrust laws.
Mr.. Celler said "the whole
tenor is q clear indication
that you object to this whole
inquiry by US.
you seem to imply that we
have no power, we have no
right, to ask these questions
that we're now propounding Of
you"
UphOlds Inquiry Right
Mr.. Smith said the ANpA
doesn't contend that, and does
not argue that the First
Amendment guarantee Of free
dom of the press bars the In
quiry.
Mr.. Oppenheim added "there
is no question about the juris-
diction Of this subcommittee to
investigate the practices Of the
newspaper business, as Of any
business"
But he said special legisla-
ton affecting only newspaper
mergers could raise a constitu-
tional issue.
One suggestion from Mr..
Smith was that the subccm-
mittee should broaden its study
to include the power and prac-
tees" of labor unions. In that
connection he pointed to the
current newspaper strikes In
New York and Cleveland.
Mr.. Smith told the subcoEn.
'mittee that In view Of the two
long strikes 1t had "a duty" to
determine whether the contin-
ued exemption Of labor unions
from antitrust laws was In the
national interest.
Mr.. Markham said an ANPA
study Of news dissemination In
80 representative metropolitan
areas showed the public had
more news sources than 1t could
use.
"Typically, residents Of these
areas have access to, and reg.
ularly use. several daily papers,
weekly papers. numerous spe-
cialized magazines and other
publications, about q dozen
radio stations and several tele-
vision stations" Mr.. Markham
said.
Mr.. Smith said the fact some
metropolitan newspapers have
failed in recent years reflects
changing patterns in business
and social activity. with both
people and retail businesses
moving to the suburbs. In adj
dition. he said. rising wages and
other operating costs and COM
petition for advertising from
other media have hurt news
papers.
Figures Questioned
Mr.. Smith ana Mr.. Markham
ran into questioning over their
listing Of radio, television,
magazines and other adver-
Using media as competition for
newspapers.
The trouble with Prof.
Markham's figures" said Sub
committee Counsel johnson.
Us that they relate solely to
the dissemination Of news, not
its. gathering" ssi
Mr.. Smith acknowledged that
the ANPA study Of competition
among news media did not 60
into the matter Of sources Of
news.
Repeatedly. the Spokesman
for the newspaper industry
was put in the position Of de-