Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-13
STATIONS QUESTION
BOARDS AUTHORITY
More Than 100 BroadcaSters
Unite to Prove Commission
Cannot Junk Them.

Uniting In their efforts to thwart tho
attempt of the Federal Radio Commits
sion to rule them off the air, the 100
odd stations contesting the projected
revocation OF their licenses August are
employing every legal means to prove
that the commission is without iurisdic-
ton to relegate them to permanent in
activity.
ThuS FAR their arguments concerning
the unconstitutionality of the proceed
ings have not held water with the COM
mission, and will not. but unquestion-
ABLY VIII find their way into the Federal
courts by appeal
one after another. counsel for the de-
lendant broadcasterS for the most part
independent community stations. are
challenging the jurisdiction of the COM
mission. They apparently availed them
selves of every source of judicial STRAIT
egg on the statute books to show that
the commission was functioning in con-
traVention of the Constitution,
The attack was centered on the
ground that the cancellation order is
conflScatory of property rights and there
lore In direct violation of the fifth
amendment. 1t has been freely pre-
dicted that this one issue, regardless
or any OF the others, will eventually
bring the question of the commissions
authority to the high Federal courts
ana perhaps to the Supreme Court of
the United States.
All questions as to the legality of the
actions are being swept aside by the
commission. Chairman Robinson, con-
Quoting one of the two sections of the
nearing, and Commissioner Sykes, pre-
sizing over the other, hold the views
that the authority Of Congress in Great
ing the commission and authorizing it
TO allocate equitably the radio facilities
OF the Nation is ample basis for the rev.
ocation order and for the holding of
the hearings.
Aside from the question of the con-
stltutlonality of the order, defense coun-
Sci also are challenging the legality Of
the commission itself and of the radio
act. which. they contend vests in an
administrative body powers of confiSca-
ton that are delegated to the courts by
the Constitution. Even the manner in
which the hearings are being conducted
is being aSsailed, on the grounds that by
dividing into two separate bodies the
commission is not legally constituted,
as the law specifies that the full COM
mission Of five members shall hold hear
ings.
Admonishing counsel for questioning
the authority of the commission, Chair
man Robinson observes that the COM
mission must perform its duty In the
interest of the public. He holds that
the ether channels used in broadcast
ing belong to the public and public
roads must be travelled" in the public
interest only. No individual can use the
air, he believes. without knowing and
understanding that he can be removed
by the power of Government regulation.
Many of the stations are testifying
that the commissions order has re-
suited in disastrous loss of business for
them. Advertisers who formerly used
their stations have abruptly Cancelled
their schedules in favor OF stations not
affected by the order Bitterly con-
demning the commission for what they
described as premature" notice of
the placing on probation of the stations.
counsel said that this was the worst blow
ever meted out to the independent COM
munity broadcasters in favor of the
chain stations.
tCopyright. 1927