FCC Reports, Volume 23, July 12, 1957 to December 27, 1957 Page: 195
xxvi, 792 p. ; 23 cm.View a full description of this report.
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Queen City Broadcasting Co. et al.
55. The Commission is unable to agree with the hearing examiner
that the record supports a conclusion that Mr. Haas "peddled influ-
ence" as a part of the consideration in his acquisition of stock in Queen
City Broadcasting Co. The findings upon which the hearing ex-
aminer based his conclusion, with respect to the stock purchase, con-
sists of a portion of the deposition testimony of Mr. Thomsen (par.
94, supra), which was adverse to Mr. Haas, and upon a footnote find-
ing that his observation of Mr. Haas produced a distinct impression
that he "had a purposefully bad memory." Mr. Thomsen's testimony
with respect to the meeting of January 1934, upon which the hearing
examiner relied, must be evaluated in the light of the entire complex
of evidence adduced through the testimony of Mr. DeChenne and
Mr. Haans as well as through the further testimony of Mr. Thomsen
himself (pars. 94-100, supra).
56. A comparison of the testimony of Thomsen, DeChenne, and
Haas, reveals: (a) Testimony of Mr. Thomsen that a promise of
political influence was part of the consideration in the sale of 500
shares of Queen City stock to Mr. Haas; (b) a general agreement with
respect to the fact that there was a meeting in January 1934, and that
500 shares of Queen City stock were sold to Haas for $1 per share; (c)
agreement between DeChenne and Thomsen that the original price
quoted to Haas was $10 per share, and that Haas indicated that it was
too high for him to consider; 29 (d) testimony by Haas, contra to that
adduced by Mr. Thomsen, to the general effect that he had talked to
Mr. Thomsen with respect to an interest in Queen City prior to the
January 1934 meeting; (e) further testimony by Haas that he indi-
cated to Mr. Thomsen that there was a possibility of improving
KPCB's facilities, that he thought he could help the company, but
that there was no understanding, so far as he was concerned, that he
would try to get improved facilities as part of the consideration paid
for the Queen City stock; (f) testimony by DeChenne which, although
it contained an inference of political influence, tended to corroborate
Haas' testimony with respect to the exertion of personal, as opposed
to political, effort with respect to KPCB; (g) the fact that Mr. Thom-
sen, contrary to his deposition testimony, was shown to have known
Haas prior to the January 1934 meeting and to have talked with him
in the florist shop referred to by Haas on cross-examination as the
site of certain conversations with Mr. Thomsen (par. 100, supra).
57. The entire question hinges on Haas' intent at the time of the
January 1934 meeting. The testimony of Thomsen, upon which the
examiner relied, when weighed with respect to the facts of record dis-
cussed supra, does not support an inference that Haas intended to
promise to exert political influence on behalf of Queen City as a part
of the consideration in the purchase of stock of that corporation.30
Moreover, Mr. Haas denied making such a promise. Further, Mr.
Haas' testimony was at least in part, corroborated by the testimony
29 The record will not permit a precise determination of the value of the Queen City
stock in January 1934. The only evidence of record as to sales is that $8,000 was paid
for the facilities in 1930, 4 years previous; and the purchase by Haas of an additional
1,500 shares for $20,000 in 1935, after an improvement in facilities had been secured.
o Although Mr. Haas' testimony is frequently characterized by words of qualification
such as "I don't know" and "I don't remember" the examiner's finding with respect to
his candor appears not to give due consideration to the remoteness in point of time of the
facts and matters testified to.
23 F. C. C.195
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United States. Federal Communications Commission. FCC Reports, Volume 23, July 12, 1957 to December 27, 1957, report, 1959; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc177303/m1/221/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.