Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-08-03
|WGL RADIO SUIT
IS DROPPED HERE
Two Cases Questioning Com
i missions Power Are Left
If on Docket.

STATION WGL or the international
Broadcasting Corporation, New York,
has withdrawn it's suit in the Court
OF Appeals Of the District of Columbia
appealing from the decision of the
Federal Radio Commission denying it
the use Of the wave length already
assigned WOR, Newark. This leaves
racing the commission in the courts
only two legal actions, neither Of
which Is expected to be taken up be-
Tore late autumn.
Preliminary advices received here
stated no reasons for the decision of
the VIGIL managers, whose suit was
expected to test the constitutionality
of the radio act of 1927 and to bring
a showdown on the powers of the
commission under the act. Denied its
application for a place on the no
kilocycle frequency 1929 meters). sta.
ton VIGIL contended that the radio
act was unconstitutional In that it
limits the use of facilities on which
large sums OF money had been spent,
and that the commissions power to
assign wave lengths without a preIiIn.
mary hearing amounted to confisca-
ton.
Opposing Counsel Disappointed.
The New York station objected to
~SS oSoAs hAAASAt w 1pp-p hllOCNClSS tZS0.
meters). which it deemed a less de-
sirable wave than 10. 1t is now op-
Grating on 1920. in compliance with
Its June Is license stipulation.
Members Of the commission and
their Department of Justice attorneys.
b. M. Webster and Z. r. Chandler
mad no comment to make on the an
nouncement of the proposed with.
drawal. Frank d. Scott, former men,
Der Of Congress, who is attorney for
WOR, expressed disappointment, how
ever, that the station would not pur-
sue its case, inasmuch as It was to
be test of the law, which he helped
write while serving on a House COM
mittee last session.
The case of WBBR. owned by the
Peoples Pulpit Association, Rossville.
N. Y, also appealed to the Court of
Appeals, does not involve a constitu.
tional phase, although WMSG, New
York, the other complainant against
q commission ruling, brings in the
point OF property rights under the
Constitution. Station WBBR was de-
MED its application for the 660-kilo-
cycle frequency (454.3 meters), on
which WIZ, New York, is operating,
and is carrying its case forward on
the ground that the commission has
no power to order change in fire..
Quency from one it. previously had
been authorized to use.
Case May Be Dropped.
Station WMSG of the Madison
Square Broadcasting Co., New York,
nled its case in court of first in
stance, namely, the Supreme Court of
the District Of Columbia, and then
agreed to hold up this suit while it
Joined with VIGIL as an '"amicus
curia," or friend of the court" since
the issues involved in its case and
WGL's were much the same. 1t OBJ.
jected to being shifted to 1870 kilo-
cycles (236.1 meters).
Whether WMSG will go ahead with
Its case, which was deferred by agree
ment until October, is doubtful, &C.
cordfng to unofficial advices. But the
owners of WBBR have indicated their
intention of pressing their case, which
is to come up when the Court of APP
peals resumes it's sittings in October.
Accordingly, the prospects. are that
ionly the one case will face the com.
mission, and that it will be one which
F.! will not attempt to test the consti-
nationality of the new radio law.
The companion station to WBBR,
Station WORD, Batavia, ILL.,, operated
by the same interests, has just been
granted hearing before the commits
sion August 8 on it's application for
a shift from its assignment on 1000
kilocycles {275.1 meters), using 5000
watts, to 720 kilocycles t416.4 meters),
on which WHO and WHIT, both Chi
cago. divide time, and on which
KFLR, Albuquerque, N. Mex, also
operates. Moreover, this frequency
is only 10 kilocycles away from WOR,
which expects to increase soon to
5000 watts; KPO, San Francisco,
with 1000 watts, and WSUI, Iowa
City, 500 watts.
A concert by the George Washing
ton University String Quartet and a
two-piano recital by Harry Wood
ward and Walter Hiltabidle, two at
fractions of local origin, are featured
tonight by WRC. The string quartet
composed Of Herman Weike, Seymour
Rosenberg, Paul Crop and Spencer
IPrentiss, will give its program from
$3.50 to 9 o'clock. The two-piano re-
icital will follow.
WRC will import from New York the
weekly programs of the South Sea
Islanders and the Ipana Troubadours,
in addition to dance music by Cass
Hagan's and Jack Albin's orchestras
and the feature known as Organ