Tobacco Documents Online

7. THE WALL STREET .JOURh1AL, DEC. 5, 1967, pg. 3 II1dIa11apoIIS Lawyer 'Is Appcint.ed to FTC By Prc.(,idelzt Johnson t• Jautcs \ i,-liolson to Succeed John Rcillly; He Is L1incolninitited on Views That Divide the tlbcltc3- Bv,a N',-.Lt. STeeeT JovR~wD Sta,f Rcpo•tcr ~ WASiiI.:GTOb'.,-President Johnson sklrted controver:•y by' naming to the Federal Trade Commission an Indianapolis ]tiv.^yer largely unknown In the capital and uncommitted on is-, sues that divide the FTC. r James M. Nicholson, a 3?-y.ear old Dem- l' ocrat„ Nvas named to succeed John R. F;eillv, who is resigning to return to private law prac- tice: ~ The four remaining commissioners have di- vided 2-to.2 along liberal-conservatih•e lines on a number of key issues, such as v;hether the ,, FTC should have tested cigaret brands for tar `' and nicotine content. An issue pending is whctit- .f er the commission should move into the civil ~ rights area by takina• actionaoainsE apartment house owners who altebEdty advertise falscly` when their ads fail to say that apartments l won't be rented to Negroes. BecausP the fifth Co1nanis;foner holds a de- i ciding vot'e, pressures were building on the I scrva- White House from both liberal and co' tive quarters. Liberals in Congress and on the ~ FTC were promoting the candidacy of Willard F. Mueller, the chief economist on the FTC ji, staff andi others who, it was believed, %vould take an espansionict view of the antitrust' and i other l,aws administnred by the a^ency.. Conservatives, who believe for instance that ~I , the FTC has no business in civil rinht's mattrrs,' %t:ere promoGinn the appointment of Janies ; \Icli. Henderson, the a,;ency's chief counFOl il. 'lilie depantinq ADr. F:cilly frequently has ~ given, the liberals a 3.to•2 majority. But tllis I successor's backrrounri contains no hint' of where he'll cast his vote, and Mr. Nicl:olson' doesn't o:fcr any et;li;ht~nment. One FTC offiri; l said the Piesidhnt's s(ca I tion i, "rnt:relv unknown hcrc: '1'.".e nante i i can•c o!tt of nowFi,rr." Mr. Nirholson, %xhcn asked in n 1 Ik hnn~ i:.!i,•ruirw «,hrth,t' i n rnn- siders hitnFelf a lil cral or conservativo do- clinrd to ans«cr but coamntcnted: "I'm not a label Dcmocrat." He snid he didn't knoev how or why the Presidbnt pit:ked him. lle said both of' Indi ana's Dem,)cratic :enators, Vitnue Ilzrtke anc Birch F:a}'t "are good friends." An airle to - S<+n. Fiayli said' the Fenat'~,r thonl;lit, ht.nftl5• of ;Ali~. \icho.son, atid \[r. I:ayli's ofifie e hr:d' told ~the %Vhitc Ihuse so whon asked. F~uL the ofiice -didn't know what job 'Mn: Nichotson was being ~considerrd for: the aide added.