The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-03-14
Editorial Comment
The Radio in Danger
(Chica1o Tribune)

record Of radio legislation in recent years.
When congressman have not been timid, as if
dealing with an unspeakable wickedness, they
have been greedy to use the new means of COM
munication for their own selfish purposes. 1t
is not pretty record. If there is any mitiga-
tive circumstance, it is the failure of congress-
men to grasp the essentials of the problem
with which they are dealing. They have not
realized that at bottom it is question of prom
erty.
There can be only limited number of radio
broadcasters. Many persons wish to broadcast
for whom no radio wave is available. That is
the chief, and, indeed, the only valid reason
for federal regulation. All the radio legisla-
ton in the world cannot alter the fact that
there are not enough waves to go around
Congress has taken upon itself thextask Of
deciding to whom the property right in radio
waves shall be given and on what terms.
There are only two ways to transmit title
to property: one is by sale or gift, which is
voluntary, and the other by confiscation,
which is involuntary. The fcudal system was
confiscatory. The king who had title to all
land alienated it to feudatories for their life
times. Gradually the hereditary right of a
family to it's lands was recognized. By the
time of Charles II, the idea of individual owner
ship Of land was pretty well established in law
as in custom. With this concept of ownership
era Of unprecedented wealth and well being.
The problems Of radio regulation must be
viewed in that perspective.
In the infancy Of radio, when it was used
chiefly for communication at sea and program
broadcasting was unknown, law was passed
vesting supervisory powers in the department
Of commerce. Congress did nothing to extend
the departments powers in the years when
broadcasting was becoming national institu-
ton. Eventually the courts decided that the
department had exceeded it's authority. There
upon. the restraints having been removed,
broadcasts sprang up all over the land but
particularly in the regions which already were
crowded to the limit with broadcasters At
the same time stations which for one reason or
another were dissatisfied with the wave
lengths assigned to them chose others more
to their liking The result was chaos.
A roar Of protest arose from the millions o.
owners Of radio receiving sets. Even the most
delicately adjusted sets were not sufficiently
discriminating to shut out all the interference
and relatively few of the listeners had the
most delicately adjusted sets. Congress over .
year ago heard and knew that it had to dc
something. Congress faced the fact that there
is room in the country for only limited num-
Der Of stations and some means had to be de.
vised Of parceling out the wave lengths among
all the broadcasters and would-be broadcasters
Some stations would have to be abolished
Others would have to operate with less power
Congress would have to delegate the super.
visory authority. To whom? And what prin.
ciples should govern the radio authority.
i Two theories sharply divergent appeared al
most as soon as the problem was formulated
One school favored recognition of property
rights in wave lengths as established by prior.
ity in the field. BY protecting property rights
the nation has achieved unprecedented well
being, but experience was disregarded by the
statesmen in congress, though they knew j,
promised the public what it wanted in pro
grams and reception.