Broadcasting Telecasting (Oct-Dec 1957)

GOVERNMENT continued following, in addition to the Springfield case: Peoria, 111., ch. 8; Hatfield, Ind., ch. 9; Hartford, Conn., ch. 3 and Madison, Wis., ch. 3. The two last-named are under attack because the FCC did not remove these vhf channels; the first two because the Commission did move them away. There are a number of other cases, the senior in point of time is the appeal against the Commission's approval for WSPA-TV Spartanburg, S. C, to move its ch. 9 transmitter from Hogback Mt. to Paris Mt. This has been under attack by WGVL (TV) Greenville and WAIM-TV Anderson, both South Carolina, both uhf outlets, since January 1954. CONTEMPT QUESTION RAISED ON 3 FRONTS • Broadcast newsmen in two cases • Torre won't name CBS source The legal riddle of the journalistic ages— When is a newsman in contempt of court? — arose in three separate spots last week but no development at the weekend had provided anything resembling an answer. Broadcast newsmen in Miami, Fla., and La Porte, Ind., became involved in tussles with the bench. A New York newspaper reporter is embroiled in judicial troubles involving quotations said to have been made by a CBS official. At Miami, Judge Stanley Milledge, of Dade County Circuit Court, tried to extend Canon 35 of the American Bar Assn. into the courthouse corridor Tuesday afternoon. The canon deems it unethical to allow radiotv reporting in court trials. Bob Brumfield, WTVJ (TV) Miami cameraman, joined newspaper photographers in an effort to photograph Judge Milledge in the courthouse corridor after the judge had jailed an attorney on a contempt charge. Mr. Brumfield, along with two newspaper photographers, was held in custody an hour but clung to his film. Ralph Renick, WTVJ news director, ran the film at 6:15 p.m., announcing he would take full responsibility for any action by the court. By that time, however, Judge Milledge had authorized use of the film. Mr. Renick topped the telecast with an editorial criticizing the canon. Jean LaGrange, newscaster of WLOI La Porte, Ind., was cited Wednesday for direct criminal contempt of court after a murder trial was adjudged a mistrial because of his broadcast with the accused. Mr. LaGrange was in jail two hours before $1,000 bail was raised. A hearing on the contempt charge is scheduled today (Monday). A transcript of Mr. LaGrange's newscast, read in court, quoted him as saying attorneys and the court were guilty of unethical practices in offering the accused a chance to plead guilty to a manslaughter charge. The accused, who had gone through three previous no-decision trials, was quoted as saying his attorneys had sent him a letter suggesting he might receive a suspended sentence if he pleaded guilty to manslaughter. He also said he wanted to be vindicated by a jury of a killing charge in 1949. Mr. LaGrange, a representative in the FCBA WINNERS At the annual Federal Communications Bar Assn. outing last week at the Congressional Country Club the following were among the winners of athletic events: Golf: low gross winner, Robert Rawson, chief, FCC Hearing Division, with 80; second place, Hollis Seavey, director, Clear Channel Broadcasting Service, with 81; tied for third with 82 were Russell Eagen, Washington attorney, and Charles Gowdy, who was legal assistant to former FCC Chairman McConnaughey. Low net winners were Comr. Robert E. Lee, with 71; Ted Noyes with 72, and Harold Cohen, attorney, and H. E. Barber, Comr. Mack's legal assistant, each with 73. Hole-in-one winner, whose drive came within six feet of the pin, was Paul Dobin, attorney. Newton Haverstock won the driving contest. Tennis: Ed Kenehan, attorney, and Ed DeGray, first prize; Ben Fisher, attorney, and Bob L'Heureux, attorney, second prize. In softball the FCC team, led by Wally Johnson, defeated the FCBA team under Vincent Pepper, 7-4, thus retaining the softball trophy for another year. FCBA has won three out of the five annual games played so far. 1955 Indiana Legislature, described the contempt citation as "a far-reaching thing. It involves freedom of the press. Newsmen should be allowed to interpret the news for their readers and listeners." In New York, Marie Torre, radio-tv columnist for the Herald-Tribune, refused to name the CBS executive she had quoted in a column dealing with Judy Garland. She had been called to testify in a pre-trial examination bearing on a suit brought against CBS by Miss Garland, who charged CBS authorized publication of false and defamatory matter. Federal Judge Sylvester Ryan warned Miss Torre her refusal to testify may force him to sentence her to 30 days in prison. This would pave the way for a ruling by the U. S. Supreme Court on the question of a reporter's right to withhold news sources. Smith Withdraws Opposition, Clearing Way for WGMS Sale Opposition of minority stockholder Lawrrence M. C. Smith to the $400,000 sale of WGM S-AM-FM Washington, D. C, to RKO Teleradio Pictures Inc. has been withdrawn the buyer informed the FCC last week. Although no details of Mr. Smith's action were divulged, it was learned that he sold his 16%% interest in WGMS Inc. back to that corporation last week and thus withdrew his standing as a stockholder in the selling company. FCC approval of the transfer — which was initiated in April 1956 — is expected to be forthcoming soon. Last April an FCC hear ing examiner recommended that the transfer be approved. This followed a protest by Mr. Smith and a Washington group known as Friends of Good Music. Oral argument before the FCC was scheduled to take place today (Monday). Friends of Good Music had already informed the Commission it was not planning to continue its opposition. The Commission originally approved the sale, but its return to the sellers was directed by court order pending the outcome of the protest proceeding. RKO Teleradio also announced that it has decided to continue the WGMS good music schedule interspersed with MBS newscasts. And, the prospective new owner announced, M. Robert Rogers, general manager of the stations for the last 10 years, will continue in charge. WGMS was founded in 1947 and operates on 570 kc with 5 kw daytime and 1 kw night. Other sales announced last week: KOWB Laramie, Wyo. (250 w on 1340 kc, MBS), was sold by Richard P. McKee to John Hunter and Richard K. Power for $108,000. Sales price includes 11-station KOWBoy Sports Network in Wyoming. Messrs. Hunter and Power own WAVN Stillwater and WCMP Pine City, both Minnesota. Mr. McKee bought KOWB last May for $75,000. He has bought WMOU-AMFM Berlin and WJWG Conway, both New Hampshire, from John W. Guider for $165,000. Lynn Smith, KOWB general manager, will accompany Mr. McKee to New Hampshire where he will serve as coordinator of the stations. WKEN Dover, Del., was sold by Jason Pate to James Olin Tice interests for $35,000. Mr. Tice owns WMYB Myrtle Beach, WBLR Batesburg and WJOT Lake City, S. C. WKEN is a 500 w daytimer on 1600 kc. Mr. Pate continues to own WASA Havre de Grace, Md. Broker in both transactions was Allen Kander & Co. Roanoke Broadcasting Group Purchases WRKE for $75,000 Among the four station sales approved by the FCC last week was WRKE Roanoke, Va., which was sold by Elmore D. and Reba F. Heins to Bertram and Allan Roberts. Sherwood J. Tarlow and Joseph Kruger for $75,000. The group does business as Roanoke Broadcasting Co. and has interests in WARE Ware and WHIL Medford, Mass., and WGUY Bangor and WLOB Portland, Me. Comr. Robert T. Bartley voted for a McFarland letter which would require the station to show cause why it should not submit the sale to a hearing. Norman M. Glenn received approval for the sale of WCHI Chillicothe, Ohio, to Joseph H. and Agnes I. McGillvra, doing business as Chillicothe Broadcasting Co., for $78,450. Mr. McGillvra, a former station representative, also has an interest in WBIW Bedford, Ind. KLIL Estherville, Iowa, was sold to Jack W. Turnbull for $15,000. The construction permit of KBCL Bossier City, La., was sold to Thomas A. DeClouet, president of Bossier Broadcasting Service Inc., for $3,594. Page 86 • October 21, 1957 Broadcasting