Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-06-28
WAR ON RADIO ACT
LACKS SUPPORT
Attacks on Law and Federal
Commission Apparently
Losing Ground.

Apparently the attacks against the
constitutionality Of the radio act of
1927 and the Federal Radio Commits
sion regulations are falling down.
Perhaps this is because, after close
study of the law and because of the
lack of sympathy found so far in the
two courts of the District of Columbia
where proceedings have been under
taken by dissatisfied broadcast station
owners, the appellants and lltigants
have become discouraged finding they
have weak cases.
At any rate. the request for an in
junction i'm the Supreme Court of the
District of Columbia filed by the Madi-
son Square Garden Broadcasting Cor
poration. owners of WMSG. has not
been pressed and is likely to remain
dormant for some time. 1t was stated
by David PodeH, counsel for this or
ganization, that he preferred to let his
case lie until the appeal of Station
VIGIL. filed by the international Broad
casting Co. of New York was heard.
This disposed of one case and left the
VIGIL case as the only test case. This
last case, in which VIGIL sought an
appeal it now appears. is not likely
to be heard until the reconvening of
the Court of Appeals of the District
in October. An opportunity for an
early hearing was not seized by coun-
sci for VIGIL, when the Federal Radio
Commission offered to appear for
hearing at any date, waving its right
to a twenty-day delay as provided
under the law.
1t therefore seems improbable that
any radio regulation test case will be
tried this Summer, and that it will be
Fan before the question of the con-
StiTlIfinnQlifX- nf fhn radio act and tho
authority of the Radio Commission to
regulate broadcasting is settled.
In the meantime, the commissioners,
having completed all the hearings
scheduled, are leaving the Capital for
their respective homes to make per-
sonal observations on local broadcast
conditions.
Roosevelt's charge up San Juan Hill
will be the theme of the closing Great
Moments of History" which WRC
will broadcast tonight at o'clock.
WRC's outstanding musical attrac-
ton will be the EYeready Hour. which
will feature the wood winds.' those
whimsical orchestral instruments
grouped as a single family.
With flute, clarinet, saxophone and
organ, and under the deft direction of
Nathaniel Shilkret, the Eveready Or
chestra will lay special emphasis on
the instruments with vibrating reeds,
in three numbers, which viii comprise
the outstanding part of their program.
The first of these numbers will be a
traditional Indian tune. MY Bark
Canoe" for a quartet of saxophones.
The second number will be a wood
wind quartet rendition of the classic
"Gavotte" by Gossec.
Virginia, Rea. soprano, will sing
"La Capinera" with flute accompani- |
ment, and MY Heavenly Nest" Miss
Rea also will sing a popular waltz.
Dawn of Tomorrow" written by Mr..
SIilkret and Joe Green, during the
customary 15-minute period of dance
music with which the Eyeready Hour
Summer programs are concluding.
Other attractions include May
Singh Breen, banjoist, and Peter De
Rose, pianist; the Mayflower Orches-
ira ''the Coca-Cola Girl the Radio
Cavalcade and Janssens Hofbrau Or
chestra.
The guild service for the American
Guild of Organists, now in its sixth
annual convention in Washington, will
be broadcast tonight by WMAL from
the Church of the Epiphany The pro-
gram includes selections by the church
choir and vocal and instrumental Solos,
The Screen Letter Box" followed,
as usual, by the WMAL Movie Club,
which will present Buddy Doyle, the
Yale Collegians. the three Bennett
boys and Nina Olivette, are WMAL's
other featured attractions There also
will be a special program by Caleb
O'Connor and his students, and joint
recital by Fannie Shreve Heartsill, So
prano, and Francis p. Heartsill basso.
Fairly good reception conditions pre-
vailed last night on the wave lengths.
While signals of the out-of-town sta.
lions were lacking in their usual vol
ume, they responded readily and were
not SO inclined to fade as on Sunday
night.
Static was present, of course, but its !
occasional outbursts were weak and |
failed to interfere seriously with the |
incoming signals.