Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-06-25
RADIO ATTENTION
CENTERS ON TEST
All Factors Interested in
WGL Appeal Against Act
of 1927.

The attention OF practically the en-
tire broadcasting industry, the law
yers. the Federal Radio Commission
and the Department of Justice is now
focused on what is known as 1.-The
VIGIL case" pending in the Court OF
Appeals of the District of Columbia.
Radio listeners practically everywhere
are exceedingly interested also. be-
cause it is apparently to he the test
case establishing once and for al
whether or not the radio act of 1927
is constitutional.
The contentious of the International
BroadcaStinC Corporation, owners OF
VIGIL, are that the radio act is uncon-
stitutional in that it limits the use OF
broadcasting facilities costing con
siderable money by prescribing specliic
channels; thai it gives the commits
sion power to assign frequencieS With
out a preliminary hearing. and that
the assignment of less desirable fire.
uuencies is a deprivation of private
property used for public purposes
without compensation.
Government counsel state that the
control of interstate commerce IN
wolves the necessity OF some restflc-
tions as to the freedom Of use of radio
apparatus, but that these restrictions
are necessary and proper functions OF
regulations. Representatives OF sta
ton VIGIL. it is stated. nave heen
heard by the commission. IN tac,,
thew were refused the use of three
snecific channels after regular hear
ings at which the broadcasters as
signed those channels were present
to defend their rights to them.
This case probably will not be
heard for about month by the Court
of Appeals; to date the briefs OF
neither the appellants nor the Govern
ment have been filed. Counsel Tor
the radio commission are b. NJ, Web
ster and P. r. Chandler OF the De-
partment Of Justice; for Station
WGL. Lewis Landes. an owner of the
station, and Elwood H. Seal OF Wash
ington.
Since the announcement OF Attorney
David Podell, representing the Madi-
son Square Garden Broadcasting
Corporation interests. that he would
not press the case of WMSG in the
Supreme Court of the District. but
might cooperate with VIGIL IN the
Court of Appeals, attention has more
than ever been concentrated on the
outcome of WIGS appeal. 1t Is inti-
mated that the VIGIL appeal may take
the form of an injunction against the
commission, if that attack is found
feasible, DuI lIiS ~
plished in this court.
The appeal of VIGIL is based upon
the fact that the commission assigned
this station a frequency of ITO kllo-
cycles. requiring the sharing or time
with WRNY; hearing and a specilc
request for the use of the 41u-klio-
cycle channel was asked and granted.
VIGIL being denied this use. the chan
mel being too closely associated with
s2O kilocycles. the WOR channel.
Later the appellant was also denied
the use of the 720-kilocycle frequency
and Also that of / ,070 kilocycles. The
removal of a New York station opened
the 1,020-kilocycle frequency ana
VIGIL was given it with WODA.
Selections from prominent grand
operas will be featured in the concert
of the Goldman Band which WRC VIII
broadcast tonight at 1870 o'clock. me
soloist with the band Will DE Del
Staigers, cornetist. who will play an
aria from Saint-Saens samson and
Delilah."
Two popular New York dance or
chestras have a prominent place on
wRC's late program, while its earlier
attractions include the weekly syn
thetic symphony of the Week End
ers'' and a Bible talk by Homer j.
Councillor, president of the Organized
Bible Class Associations.
A varied musical program inter
spersed with a talk by Will p. Ken
nedy, political writer for The Star, Is
scheduIed tonight by WMAL.
The Harmony Record Breakers,
Cora Sponsler, soprano, and Conrad
III. Young, tenor, are the principal at
fractions. There also will be an at
home program" and dance music.
Although static rumbled and sput-
tered over all the wave lengths last
night broadcast reception continued
to remain at the high standard of
satisfaction it has maintained all
week. The atmospherics were far too
feeble to create chaos, while the vol
ume of the incoming signals was SUI
ficient to overcome this element OF IN
reference almost completely.