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YOST REPORT ATTACKED IN KGEF CASE
The recommendation of Chief Examiner Ellis A. Yost that Station KGEF, of Los Angeles, be granted a license renewal despite admitted strife-stirring addresses by the Rev. Robert P. Shuler, pastor of the Trinity Methodist Church, South, over the station, are ridiculed in a bill of exceptions filed with the Federal Radio Commission by civic interests of Los Angeles through Littlepage & Littlepage, Washington attorneys, and Lloyd S. Nix, of the California city*
Requesting an opportunity for oral argument before the whole Commission, the attorneys contend that the Chief Examiner* s recommendation is contrary to previous policies of the Radio Com¬ mission and to the radio law.
Station KGEF is used by the Trinity pastor to "provoke personal and community strife and turmoil", the brief contends, and attacks have been made on the Catholic Church, the Community Chest, the W.C.T.U. , Jews, Judges, the Chamber of Commerce, the University of Southern California, and numerous public officials and political candidates.
The argument of Mr. Yost that the Rev. Bob Shuler occupies only three hours a week over the station and that in order to justify a denial the broadcasts of the pastor must be of such a disservice as to outweigh all public service of the station are assailed by the counsel.
"No court has ever laid down such a rule" , the brief states. "The Radio Commission has certainly laid down no such rule."
If such a policy were generally adhered to "our histories must be rewritten", the brief adds, "and Benedict Arnold will stand forth as a national hero because he spent years of service with a marvelous military record in behalf of his country and only betrayed it once.
"The use of a radio station if only for a small portion of its time on the air to broadcast slanderous and false statements is sufficient to hold that the station is not operating in the interest of the public", the bill continues.
The Chief Examiner’s recommendations are held in direct conflict with the findings of the Commission in the cases of Station KFKB, operated by Dr. John Brinkley, at Milford, Kans. , and KTNT, operated by Norman Baker, at Muscatine, la. , both of which were removed from the air for failure to serve the public interest.
Declaring that no organization nor individual has been safe from the attacks of Shuler, the attorneys add: "The glaring examples of this, as set forth in the brief submitted to the Chief Examiner by respondent, show that as a community trouble-maker Shuler stands in a class by himself and that Norman Baker and Brinkley are merely kindergarten boys in short pants in comparison."
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