The Washington herald., 1922-12-12
HOOVER N FIGHT
FOR An CONTROL
Government Asks Court Of
Appeals to interpret RADIO
Law Of 1912.
MESSAGES UNUSED UP"
Wireless Calls from Sea Are
Blocked by New York Con-
oern, It b Charged.

After having fts hands lied for
more than a year. in 20 far a. the
regulation and control Of radio COM
munication between the United
States and foreign countries are
concerned. the American Govern
ment yesterday began q fight In the
District Court Of Appeals for .
decision which would again place
Secretary of Commerce Herbert
Hoover IN control Of the air." or
ether.
District Attorney Psyton Gordon
and Assistant District Attorney
Vernon e. West argued that Jus
tice Wendell p. Stafford had erred
in compelling Mr.. Hoover 20 renew
the license of the Intercity Radio
Company, Inc, to operate q high
powered commercial wireless station
In New York city and also 70 ffx
wave length af which the COM
pany might operate without muse
ing up" messages from nearby sta
tions-
ISSUED MANDAMUS WRIT.
Notwithstanding the plea Of Mr..
Hoover that the job of fixing this
entifically and physically impoesi-
BILE, Judge Stafford directed that a
writ Of mandamus issue In favor
OF the Intercity concern. 1t was
done.
The court interpreted the radio
laws of 1912 as they appear on the
statute books. The radio laws OF
1912 did not tit conditions of 1s31-2s
but that was not the fault of the
court.
The license expired September %.
1921, and Mr.. Hoover refused to re-
new il on the ground that the law
vested him with discretionary
power in that respect.
Complaints had been made by the
Radio Communication Service of
the Navy. the DIVISION of the Air
Service Of the Postoffice Depart.
ment, the Coast Guard Service Of
the Treasury Department. the Ra-
dio Corporation of America, the
Independent Wireless Telegraph
Company, the John wanamaher
Company. the New York Times Ra-
dio Station and others. that 1t was
impossible for their stations 70 send
or receive messages while the In
tercity plant Was working.
COMPLAINED OF 8 o s.
This plant operated on 2.1o0-a, 900
meters. The Government stations
complained about possible inter-
ference with s o S calls from
ships in distress at sea, and with
calls coming from fogbound vessels
asking for their position. Shore sta
tions, ii was argued. could resort
to the telephone or telegraph when
someone else had the air. but a
ship at sea was entirely dependent
on the radio.
The law OF 1912, as Justice Stat.
ford interpreted it. compelled Secre-
tary Hoover to issue a license, not
only to the Intercity concern. but
to anyone who complied with all
mechanical and statutory require.
ments.
Another reason assigned by coun-
Sci for the Government for \ rever-
sal Of the Judgment OF the lower
court is that the Intercity plant
is located in the heart Of New York
City on the top Of a building SOC
feet high and surrounded by numer-
Gus electric signs, wires and build
ings Of steel or metal construction,
which apparently make Il impossible
to determine q wave length within
the capacity Of the Intercity's ap-
paratus which would prevent the in
terference with the radio stations
heretofore named"
FIXES WAVE LENGTHS.
The Intercity concern, In its ap-
plication for a renewal Of the per-
nit, wanted to operate on $500 me-
ters. With regard TO wave lengths.
the law reads that Every station
shall be required to designate q Ger.
tain wave length as the normal send.
ing and receiving wave length of the
station. This wave length shall not
exceed 800 meters, or It shall exceed
1000 meters"
The Intercity plant had outgrown
the 600 meter wave length and ex.
ceeded the 1000 limit and conse.
quently, as Justice Stafford read the
law. there was nothing for Secretary
Hoover to do but to reissue the H.
cense, as, the lower court held the
Intercity plant was not In the clans
of wireless stations covered by either
the 500 or the 1900 meter wave
length class The case was taken