Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-07-14
RADIO BOARD RULE
AGAIN CONTESTED
Pulpit Association Appeals to
Court to Restore Former
Waves.

the Federal Radio Commission. 1t il
an appeal to the Court of Appeals OF
the District Of Columbia from the decl-
sion OF the commission denying sta
ton WBBR, operated by the People =
PuIpit Association. Mt Rossville, \. y,
the use Of either the frequency of $50
kilocycleS 454.3 meters) or 'Z0 klo'
cycles t4164. meterSl.
The new angle introduced by TINS
snit. the third to be entered against
the commission since the June 10 aIio'
cations were effected. is the claim 10
priority on these wave lengths al
vanced by WBBR. Now operating on
$50 kilocycles, under their recent
licenses. are stations WIZ. Bound
Brook, \. T., using 30 kllowatts OF
mower. and KFRC, San Francisco,
using 500 to 900 watts; while on '2o
kilocvcles are stations WHIT and
WHO. Chicago dividing time and
using 5000 and 500 watts. respeC-
lively, and kFLR. Albuquerque, \.
Mex. using 100 watts.
Frederick w. Sparks of Brooklyn.
attorney for the Peoples Pulpit Asso.
citation in seeking the injunction ana
setting forth the claim to priority IN
the ether. does not dispute the constr
tutionality of the radio act of 1877.
In his notice of appeal he claims that
the commissions action in relegatlng
WBBR TO ITO llilocycles t256.3 me-
ferS)' amounts to COnfiScation in erect
of part of the stations broadcaStlng
property. valued at $4,000.
Mr.. Sparks advances the theory that
WBBR'S license to use 120 kilocycles
which was issued by the Department
of Commerce under the cOmmunica-
lions law of 1912. has never been re-
voked. Accordingly, he stipulates II
still has the right to operate on that
frequency. This overlooks the decl.
sion of the Attorney General about
year ago invalidating the Department
of Commences power to regulate radio
under the 1912 law and leading to the
enactment by Congress last February
of the radio act of 1927. 1t is a point,
however. that may be brought up If
the case ever goes to the Supreme
Court of the United States. to deter.
mine whether the Attorney General
was correct in his conclusions.
Station WBBR is operated. as Judge
J. f. Rutherford. its president, testi-
fed at recent public hearings before
the commission. to carry a nOn-reli-
gious message to the people. Its pro-
grams. however. were described as
comprising largely Bible lectures and
sacred music. and Judge Rutherford.
introduced az the successor to the late
Pastor Russell, said these were of far
greater necessity to the public than
what he styled the jazz type Of pro-
grams characteristic of VIZ, whose
wave length he wanted to share.
Although only 20 days are provided
for the filing of a response. it rs doubt
full whether the case will come up be-
fore the October term of the Court of
Appeals. which is now adjourned for
the Summer. Meanwhile, station
WBBR is expected to continue trans
hitting on ITO kilocycies.
The case Of VIGIL, New York, which
also filed appeal from a similar wave
decision of the commission, but on
constitutional grounds, has been post
poned in the Court of Appeals by
agreement.
The outstanding musical feature on
the wave lengths tonight will be the
thirty-siXth concert of Latin Ameri-
can compositions which the naval sta
ton, MAJ, will broadcast from the
esplanade of the Pan-American Union.
The program will include modern
compositions from the South Amer-
can republics. but the music of the
ancient highland peoples Of South
America. the Incas, will be particu-
larry emphasized. Interspersing the
musical selections, DIR. Bartlett B.
James of American University will
read the dramatic story of "Ollanta,"
an authentic Inca drama of the fif-
teenth century, and there will be in
terpretative songs from Inca sources
sung by Sonora Milla Ybarra de Do
mingueZ, soprano.
The major part of the concert will
be provided by the United States Navy
Band, under the direction of Lieut..
Charles Benter. The instrumental
soloist will be Bandmaster G. de Gior-
glo. cornetist, who will play two Mex
lean songs that are well known, "Es.
trellita" and La Golondrina."
The comic opera, "The Mounte.
banks" in two acts, and the weekly
concert of the Clicquot Club Eskimos
are the principal attractio scheduled
tonight by WRC. The opera will be
produced by the National Light Opera
Co. and will come from New York via
WEAF. The program OF the Eskimos
will be made up entirely of popular
music
"Bill Whipple of Sweet Meadows"
the Pontiac Hour, the Hofbrau Or
cnesFa ana the lie Paradis Band are
other WRC attractions.
A varied musical program. featur.
the concert Of the Army Band on the
east plaza of the Capitol. will be
broadcast tonight by WMAL.
Dorsch's "Doughboys" will open the
musical program at o'clock. Fol.
lowing the concert of the Army Band
there will be recitals by Selma Selin.
ger Klein, soprano; Isaac Cherniack
V1oiinist, and John p. Jones, basso,
Radio reception conditions again
last night were unsatisfactory. The
wave lengths were unresponsive. and
only the super-power stations came
through with fair volume. Static also
was prevalent and it's cracking and
sputtering could be heard wherever
the dials were turned.