Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-20
COURT OF APPEALS
RADIO DICTATOR
Decision of Supreme Body
Establishes Powers of
Lower Court.

Three Federal judges, sitting rs the
Court Of Appeals Of the District Of Co
lumbia, are proclaimed the reigning
dictators Of radio by the highest tribu-
nal in the land.
The long-awaited opinion Of the Su-
preme Court Of the United States
firmly establishes this lower court as
the "super-radio commission" from
which no appeal may be taken. The
opinion settles any lingering doubts as
to the status Of this court and its re-
lationshtp to the Federal Radio Com
mission.
In deciding the first case involving
radio regulation ever to come before
1t, the Supreme Court dismissed for
lack Of jurisdiction the appeal Of the
commission from the Court Of Appeals
decision In the celebrated WGY case.
The court did not consider the merits
OF the case. but merely held that the
Appeals Court in reviewing orders Of
the commission is acting as an admin
tstrative agency and that its DEGREES
It holds that, under the Constitution,
1t cannot review decisions Of that low
er court in radio cases.
Blow to Commission.
Since last January, when the court
refused to hear further oral argu-
ments In the WGY case, 1t has been
apparent the decision would establish
the lower court as an administrative
rather than q judicial agency in radio.
But the actual opinion Is O blow to the
powers OF the commission in regulating
radio. for any and all of its decisions
may be reviewed by this court on appli-
cation Of aggrieved parties.
We think it plain" states the opin-
Ion, delivered by Justice Van Devarlter.
interpreting the terms Of the radio act.
that the powers confided to the COM
mission respecting the granting and
renewal OF station licenses are purely
administrative and that the provision
Ior appeals to the Court Of Appeals
does no more than make that court a
superior and revising agency in the
same field. The courts province under
mat provision Is essentially the same
as It's province under the legislation
which, up to q recent date, permitted
appeals to 1t from administrative de-
ctston OF the commissioner of patents. !"
the three judges who now sit abso-
lutely over the commission, are George
2. Martin, chief Justice, and Charles II.
Robb. and Josiah A. Van Orsdel,
associate Justices Of the Court of
Appeals. In the brief history of radio
| SSoeASHsSAss eAAo CVu4b dAC6Uy llAS Cu-
tertAtned some two-score appeals from
commission decisions.
WGY Case Is Basic.
The WGY case itself Is q basic one in
radio jurisprudence. This station, owned
BY the General Electric Co., operates ct
schenectady, N. Y, with $4,000 watts
power. Prior to the sweeping realloca-
ton OF broadcasttng stations In Novem-
Der, 1928, It operated full time on the
cleared channel Of 700 kilocycles. But
under this shift, this channel was
assigned to Station KGO, In Oakland,
Calf, also General Electric station,
as o western zone cleared channel, and
WGX was ordered to cease operating on
1t ct sunset on the Pacific Coast.
With Charles Evans Hughes, now
Chief Justice Of the Supreme Court, as
chief counsel, WGY appealed to the
Court Of Appeals before the reallocation
became effective, claiming it was entitled
TO full time operation. The court sus-
tanned the appeal and both wGY and
kGO since then have operated full time
on the same channel, although, under
the COMMISSIONS scheme of ALLEGATION
and under the law, the mathematical
distribution Of cleared channels Is de-
stroyed as relates to the Western zone.
Then came the appeal to the Supreme
Court. with the ruling making the Court
OF Appeals the "super-radio commits
sion"
tcopyrisht. 1890, By the Consolidated Press,