10 Thi News-Review, Roieburg, Ore. Tuei., Aug. 23, 1949
Give-Away Programs Will
Continue Despite FCC Ban
Pending Decision By Courts
By JAMES MARLOW
WASHINGTON, Aug. 23. (JPh-Your favorite radio and tele
vision give away programs probably will lay on the air long after
Oct. 1.
That's the date when a Federal Communication commission
order would bar all, or most, of them from further broadcasts.
The FCC issued the order last
week on tnese grounas: . ! a "consideration." The FCC
mat tnc giveaway or jhckki saj,j.
programs are lotteries or "gilt wh.i cn-h a -hnmo i He.
enterprises and so are contrary , sif,nPd ,Q nduce members of the
to a law governing radio. public to listen lo the program
The radio people say this fCC and to a, nome available for
interpretation is wrong. "'y " selection as a winner or possible
fight It in court so federal Judges
can decide wros rignt,
And the radio people almost
surely will get a court order per
mitting the shows to continue till
there is a court decision, inai
will be a good while after Oct. 1.
The case revolves around this
part of the law
There can be no broadcasting
of "any advertisement of or In
formation concerning any lottery
cift enterprise, or similar
scheme, offering prizes depend
ent in whole or In part upon lot
or chance, or any list of the
prizes drawn or awarded by
means of any such lottery, gift
enterprise, or scheme, whether
said list contains any part or all
of such prizes."
Legal Definitions
The FCC said a radio lottery
is generally one involving a prize
awarded as a result of lot or
chance, where the contestant con
tributes something of value, or is
required to be listening or view
ing the program over a receiver.
Legal definitions of a lottery
Include three points: a prize,
chance, and a "consideration."
If you bought a ticket in some
neighborhood lottery from a ped
dler on the street, the three legal
points of a lottery would be tul
fllled: you were buying the ticket
to win a prize; there was a
chance of winning It; and the
money you paid was your "con
sideration." But Is Is It a "consideration"
when all you do Is listen to a
radio, without spending a penny,
Jn the hope you can answer a
question if the master of cere
monies calls your telephone num
ber? The FCC thinks It Is. It be
lieves the time you give to lis
tening, In order to win a prize, I prize.
winner, there results detriment
to those who are so induced lo
listen when they are under no
duly to uo so.
Dissenting Opinion
This interpretation of "consid
eration" has never been estab
lished In a court, government at
torneys siiy here. And one mem
be of the FCC itself, Miss Frieda
llennock, who disagreed with the
majority of her fellow-commu-sioners,
said:
"This is the first instance In
which a scheme has been called
a lottery when the sole consid
eration supporting It is nominal
or other than the payment of
something of value."
But the FCC order, going be
yond Just the word "lot I cry,"
bans from the air any "gift en
terprise, or similar scheme."
That's broad enough to cover a
wide variety of giveaway pro
grams. Suppose you do answer the
question when the radio pro
gram, to which you've been lis
tening, calls you on the phone.
Can't you consider the prize you
men get ior tne rlgnt answer a
gift?
Tax Mutt Be Paid
Not according to the FCC. And
not according to the Internal
Revenue bureau which collects
income taxes. Under the income
tax law, if you receive a gift for
which you've done nothing at all,
It's tax free.
Hut if you answer the phone
with the right answer that wins
the prize, the revenue people say
you've earned it and you must
pay tax on the prize you get.
II It s a casn prize, tne tax Is
easy to figure. If it's a prize in
goods, you have to pay a tax
equivalent to the value of the
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OUT OUR WAY
By J. R. Williams
Faye Emerson Roosevelt Proves
She's Brainy As Well As Beautiful
By ED CREACH
NEW YORK, Aug. 23. D It s sounds like a terrihle thing to
say about a girl especially when she's an actress and as pretty
as a tree-ripened peach.
But those rumors you've been hearing are true, and truth will
out:
This Faye Emerson Roosevelt Is brighter than a shiny new dime,
and a Roosevelt dime at that.
In four apiearances on a radio-
telivision quiz show, the late
President's daughter-in-law haj
done more than stump the ex
perts. She has bowled them over.
She has left them groggy.
It is not fair that she should
have so much beauty and so
many brains, too" growled Greg
ory Ratoff, the movie director,
in a Russian accent as mien as
the sour cream on a cheese
blinlz.
Some of those present got the
Impression Ratoff wasn't entire
ly kidding. In her gentle, un
bumptious way Miss Emerson had
jus fielded a question which the
man from Hollywood had booted
all over the studio.
She has a habit of doing that
In other appearances on the
show called "Who Said That?"
she out-expertcd H. V. Kaltcn
born, left (juentin Reynolds at
the post, and built up a three to
one margin over one Elliott
Roosevelt her husband.
Has Respect Of Males
"Men," says quizmaster Rob
ert Trout, "respect Miss Emer
son and it's not just because she
dresses up a television screen.
"Besides, If there's a joke being
concocted in the vicinity she
wants to be in on it. And I'm well
aware that she'd love to turn the
tables and ask me a question I
couldn't answer."
As for Miss Emerson herself,
the brown-eyed blonde from
Beaumont, Texas, looks on the
whole thing as just good fun.
"I love working in television,"
she says, "and esecially on a
program with no rehearsals. I
get a real kick out of working
with such blight, quick-thinking
people.
"I'd also like to do a tele
vision show of my own as a
commentator, and not just about
receies and fashions. . . .
"No, I don't do any speci.il
studying before 'Who Said That?'
I Just read the seven or eight
paers I read every day.
Fan mail? Yes, there's been
quite a lot. It's surprising how
many letters begin 'I am a Re
publican but .'
"There was one priceless letter
from a woman who misunder
stood something I'd said about
Thomas E. Dewey. She w rote in
to complain that I'd called him
a 'Red'.''
Here's Few Samples '
In each session of 'Who Said
That?" Trout reads quotations
from the week's news and a
panel of experts, or would-be ex
ports, tries to name the well
known persons quoted.
See how you'd make out with
these:
1 "I get bored in Hollywood
the big automobiles, the swim
ming pools, the rich houses. . . ."
2 "Nearly all the songs I hear
these days are the lousiest pile
of trash I have ever listened to."
3 -"I won't retire until my
brain., wear out."
Guest expert Emerson rattled
them off in order: 1 Gregory
Katoff. 2 -Frank Sinatra. 3
Connie Mack.
One of the experts who didn't
recognize the Ratoff quote was
Ratoff. He had a right to complain.
Ads On The Moon? He Might
Do It, States Columnist
By ED CREACH
(For Hal Boyle)
NEW YORK, Aug. 23. VP)
When a man Duilds a better
mouse trap than his neighbor, the
next thing he wants is to build
a bigger mousetrap. Then a still
bigger one, And, in the end, he's
miserable if he hasn't built the
whoppingest mousetrap ever.
Something like that has hap
pened to Douglas Leigh.
Leigh is a boyish, soft-spoken
Alabaman who has made himself
a millionaire by creating those
razzle-dazzle electric signs that
swing, sway, hiss, rain and other
wise startle the crowds on Broad
way and elsewhere.
You've seen them, in the mov
ies if not in the original: the Ni
nf wHtr that roars
over Times Square, 50,0(10 gallons
a minuie; ine uwnipa
advertising from the sky; the gi
ant soldier blowing giant smoke
rings.
Called Lamplighter
"Spectators," they're called.
And Leigh has dreamed up thj
more spectacular of them. lies
been nicknamed "the lamplight
er nf Kroadwav" and "the sign
painter of America."
So what next? How fantastic
can you get?
Let's sit down in Leigh 8 Rock
efeller Center office and listen
to a man, who s as lull ot weas
as a boy with a new slingshot
and a bag of pebbles:
"Well, there's our walking
man. He'll be as tall as a seven
and a half story building and n
will look from the sidewalk as if
he's stepping from the top of :i
theater ngni nown umu oiau
wav. "Then there's the 175-foot sign
we're doing for a bank ill Min
neapolis. A real whopper. They'll
be able to see itformile sacross
the wheat fields. And tell from It
what the weather's going to be.
Watch For Stork
"You know about our stork?
It's going to be 220 feet long and
it will fly through the air. carry
ing a baby. We're doing it with
lights on a blimp.
"Won't the stork make peopic
nervous? Like newlyweds, you
mean? Oh, I suppose there will
be a lot of wisecracks. , ."
Leigh is a low-pressure talker,
something remarkable in the ad
vertising business. He's 39 and
looks about 30. He also looks a
mite discontented.
Why?
That's where the bigger mouse
trap comes in.
"For years." Leigh confesses,
"I've been looking at the Em
pire State building. Longingly.
Tremendous advertising possibil
ities and I haven't been able to
do a thing with it. . .so far.
Northern Lights Prospect
"Another idea I've had is to
paint an insurance ad on the
Rock of Gibraltar. Never reallv
expected to do it. Still, England
owns the rock and she's hard up
for dollars. I wonder. . ."
Playfully or so I thought I
asked Leigh if he had considered
harnessing the Northern Lights,
sometimes known as the aurora
boreahs, for huckstering pur
poses. His gray eyes glowed. The
same glow In the eyes of small
boys contemplating a neighbor's
pear tree.
"As a matter of fact." Leigh
said, "we have something very
special coming up. Lights In
the sky that's all I can tell you
now. I wouldn't say it will he
more spectacular than the North
ern Lights, but well, you'll see
for yourself when we unveil it."
After that, I didn't dare ask it
he were keeping in touch with
all the rockets-to-t he-moon proj
ects, Just in case. But I did put
the question to one of his asso
ciates, who nodded soberly.
"If anybody gets to the moon,"
he said, "Doug will plant adver
tising signs all along the way."
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