Evening star., 1928-12-01
Caldwell QUITS
AS RADIO LAWYER
Chief Counsel of Commission
Resigns to Return to
Legal Firm.
nv MARTIN CODEL.


Louis G. Caldwells resignation as
chief counsel Of the Federal Radio Com
mission finds that body involved in a
hare of litigation, He has offered to act
as special counsel in any of the legal
cases facing the commission. But he
has asked to be relieved of his present
duties because they entail a financial
and personal sacrifce Mr. Caldwell is
q. member of Chicago law Arm, to
which he viii return.
The resignation Is effective December
81. IT. is unlikely that successor will
he. chosAn from among the four young
assistants in thu commissions legal
dtpd6icp ON account of their lack OF ex-
nerience In radio. Whether new chief
counsel will be named at all is doubt
full in view of Mr.. Caldwell's offer to
act as special counsel. and inaSmuch as
Tire administrative life Of the commits
sion expires only two months later un-
less Congress extends it.
Cases now pending in the courts are
the first tests of the radio act of 1927
ard Of the commissions authority that
have actually been pressed in the 81
naunthS Of the commissions existence
When adjudicated they will provide
uaucl.needed precedents in the body of
law that remains to be written to cover
L14E 0EWly nCFClOpCu IdukO dL1s
QualiAed by Experience.
Mr. Caldwell. who came to the COM
mission last July l with the expressed
intention Of remaining only until Oc-
tober 1. was particularly well qualified
to handle the cases by reason of his
expefience in several radio cases in
STATE courts and by virtue of his grasp
OF the technical fundamentals of radio.
The first case against the commission
ser to come to trial was that of WCRW,
Chicago, seeking an injunction against
the commissions order cutting its
poWer. This case involves a test of the
commissions authority, and is now un-'
der advisetfent in Federal Judge Will
kefSol1'S court at Chicago. The next
slit was brought in the same court by
WAEBB-WOK, also of Chicago, seeking
reinstatement after being ordered of.
the air by the Radio Commission. This
Ii major test of the radio act itSelfS
involving the question whether the law
authorizes the Government to deprive a
ebation owner Of his property without
Just compensation.
The most important Of the legal tests
e the one brought In the Court Of
Appeals Of the District of Columbia by
Station WGY, Schenectady, which will
b heard next Monday, and which Mr..
Caldwell will probably carry through
The General Electric Co, insisting it is
making no attack on the radio act it
self, is asking the court to enjoin an
order OF tthe commission which REQUIRES
y TO suspend hroadcasting at sunset on
the Pacific Coast.
Fight Radio Order.
The reason for the order is that the
wave length it uses with so kilowatts of
p0wer must then be made available for
the exclusive use of another General
Electric station at Oakland, Calf, under
the zane and State quotas of the re-
oept broadcast reallocation. The WCY,
counsel, LED by Charles Evans Hughes
ana. Frank j. Hogan of Washington.
want the commissions order overruIed
oa the grounds that 1t is an undue
csAilment Of property rights and de-
EEly8s upper New York and Eastern
New England OF long established
public service.
This case has many legal ramifca-
tpds, but its most important ASPECT is
the teStGof the commissions authority
todtVade wave lengths, as it did under
6aes reallocation. It attacks the order
u1wilich the equalized reaalocation was
haNed and under which WGY did not
UdtS VI thlS c18u6 CiSdFcu wave
AeaEths assigned to the first zone or one
ofstte four assigned New York State.
one other broadcasting case is pend
ing. Station WTRL, Midland Park. NJ.
J,H lighting the commissions denial of
license renewal. case that also
makes point of property rights. The
Gpher cases question the cofnrnission,s
authority and discretion in refusing to
grant short waves for point:to-point
communications to the Bull InsuIar
Liliek, . steamship company, and to the
International Quotations Co, q cor
ppEaaaA formed to use the radio To
tEsukn1it stock quotations to foreien
clients.
0cpsrtght, 1928, by North American
~ Newspaper Alliance