Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-13
RADIO Commission
UPHELD IN COURTS.
Collapse of Suits Makes
Members Feel Powers
Are Secure.

Tn making its recent announcement
limiting at the possible elimination of
some 800 broadcasting stations
throughout the United States. the
Federal Radio Commission was en-
boldened by the fact that practically
every legal action instituted against 1t
or threatened by dissatisfied station
operators has crumbled. Only one
suit is still pending, and it involves no
question as to the constitutionality OF
the radio act of 1927.
Actually, the commission made no
fiat statement that it would eliminate
any stations, although it's offer of well
come to a court test Of the radio law
was readily construed that way. The
challenge still stands for stations
which feel they have been discrim-
mated against in so far as wave length,
power or time assignments are con-
cerned. 1t is not likely to go I'M
answered, either. if any stations with
sufficient financial backing are sum-
marily deleted, as has been urged re-
peatedly because of the supert1uity of
broadcasters and the consequent
crowding of the limited number of
wave lengths.
The Department of Commerce lost
its test case under the communications
law of 1912, which was challenged by
Station WJAZ of Chicago in the Fed
eral District Court there. Then Con-
gress enacted the radio act of 1927
which set up the radio commission.
At least two constitutional cases
brought against the commission have
collapsed, third case of minor inn
portance remains to be tried. and
nothing further has been heard from
several who repeatedly threatened
suit.
The first suit against the commits
sion was instituted about week after
the first wave length and power allo-
cations under the new law, which were
ordered into effect June Is. 1t was
an application in the Supreme Court
of the District Of Columbia for an in
junction restraining the commission
from enforcing the ALLEGATION Of fire.
quency to WMSG, New York, on the
grounds that the shifting of the sta
ton to a lower wave length amounted
to deprivation of property.
Similar constitutional objections
were raised by VIGIL, New York,
which sued in the Court Of Appeals of
the District of Columbia in the form
of an appeal from a decision Of the
commission denying 1t a requested
change of frequency. Station VIGIL
was the first to drop its action within
about a month, with the statement of
its attorney that in his opinion the
radio act of 1927 was utterly impreg-
nable" Some time later WMSG asked
dismissal Of its case without comment
ing upon the reason.
The only action left is that OF
WEBER, RossviIle, N. Y, in which
latest stipulations to take testimony in
New York were made several weeks
ago. This station last July asked the
Court of Appeals here for temporary
Injunction restraining the commission
from interfering with its use Of the
wave length assigned to WIZ, New
York, and simply denies the power or
the commission to shift 1t from that
frequency, which 1t once used ana TO
which it claims priority by virtue OF
s'pre-emption right and user" 1t
bases the priority upon the communi-
cations law Of 1912.
The Radio Commission rests its
powers primarily under the public
interest, convenience and necessity
clause of the radio act Of 1927, which
palpably is open to broad interpreta-
ton. While some attorneys believe
this may fairly lead the way to eiimi-
nation Of stations deemed unneces"
sary, the commission so far has pro-
ceeded under this clause only to as
lengths to stations on the basis OF
their relative merits. "44e
Irwin 8. Cobb. skilled in the gentle
art of evolxing two chuckles where
but one grew before, will be master
of ceremonies of the Eveready Hour,
one of WRC's principal attractions
tonight.
The peerless Paducah, KY, humor.
AZ - I,A S11rfanRE
the microphone as headliner IN the
Eveready program last year, and car
RED away lasting impression or the
difference between addressing an in
visible audience and talking face to
face with persons. During the first
part of the program tonight, there
fore. he plans to discuss the effect OF
broadcasting on the entertainers
themselves, and later relate number
of Southern stories.
With Virginia Rea, soprano, ana
the Eveready Revelers and Orches-
ira, the Eveready group will give a
new number from George Gershwin's
show, Funny Face" entitled What
Am / Going to Do?"
Distinctive novelties in program
production are promised by the Sieber-
ling Singers. who will make their radio
debut tonight through WRC and 26
other stations associated with the Ma
tional Broadcasting Co. Directed by
Marshall Bartholomew, noted leader
of Yale glee cubs, the singers com.
pose a male quartet of noted soloists,
supported by a male chorus of 20
voices and an orchestra of is pieces.
Hans Barth, distinguished pianist, will
act as director of Instrumentation and
Claiming Lefbevre, organist, will pre-
IL - solo he
bers.
The weekly edition of the Sealy Air
Weavers, scheduled at $50 o'clock,
will find Cotton" and Morpheus
riding a motor cycle into the National
Broadcasting Co.'S studios to keep
their appointment with the radio lis
teners.
A group Of vocal and instrumental
artists and professional entertainers
will provide the weekly Radio Movie
Club program tonight Of WMAL.
Among them are Wesley Eddy, De
Pace, a mandolin player; Coster and
Hulette, songsters, and Lee Cronican,
pianist.
WMAL's earlier musical attractions
include joint recital by Dorothy
Sherman Pierson, soprano, and Mrs.
Paul Bleyden, concert pianist; a re-
cital by Ethel West, soprano; a con-
cert by the Westbrook Trio and spe-
cial request program by Les" Colvin
and Phil Hayden.
A dinner concert and a theatrical
review by Harold Phillips, dramatic
editor and critic, make up the evening
program of WRHF, which will be
broadcast from to o'clock. Mr..
Phillips will give a forecast of next
weeks theatrical productions through
the same station Thursday evening at
6:25 o'clock.
nfhHEo nlIo ol EEnEno