Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-05
POLITICAL FIGHT
. SEEN|NR. CA. ROW.
Radio Commission Expected
to Face Bitter Attack
When Congress Meets.
BY MARTIN CODEL.

BY MARTIN CODEL.
Political determinations probably Will
heap with renewed intensity upon the
shoulders OF the Federal Radio Com
mission after the new Congress con-
venes in December. The commission
has already been severely criticized from
political sources for It's recent 3-to-2
decision holding that Radio Cor.
poration of America and its several
communications and broadcasting sub
salaries should not forfeit their .4O9-
wave-length licenses because the Fed
eral courts have found r. G. A. guilty
Of an attempted monopoly OF the radio
tube business.
Far from being completely abeolved
from the culpanility prescribed by sec
ton Is Of the radio act, Radio Cor
Congress, will face perhaps more bitter
onslaugats than ever when Congress
reconvenes.
Democratic Criticism Severe.
Rather mild criticism Of the COM
missions action came shortly after the
decision from Senator Couzens Gre
publicari) Of Michigan, chairman Of the
Senate Committee In Charge Of Radio.
Not so mild, however, were the criti-
cisms Of Senator Dill (DemocraD OF
Washington, co-author of the radio act,
and Representative Ewin Davis (Dem-
ocrat) of Tennessee ranking minority
member of the House Committee In
Charge Of Radio, who will become chair
man Of that committee II the Demo-
Gratis control the next House.
Senator Dill asserted that the COM
mission has rendered the anti-monopoly
provisions Of the radio act dead let
ter" and should have permitted the
case to 60 to the Supreme Court for
test. He limited broadly Of political eff
fects when he declared that "the coun-
try needs q new President who will
appoint new members Of the commits
sion to enforce the anti-monopoly pro-
Representative Davis fiatly disagreed
with the commission majority, declaring
that he himself helped write section Is
ito apply only to future acts. in order
to give the radio monopoly opportunity
to desist from its unlawful practices,
which 1t has failed to do" The COM
mission should have enforced the law,
he asserted. adding that he hoped that
some patriotic citizen will appeal the
New Barrage Foreseen.
It is practically certain that there
will be no appeal, for none of the inter-
venors in the case has indicated his
intention to carry the issue to the
courts. But the fact remains that the
decision will, unless a new attitude to-
ward r. @. A. Is developed between now
and next December, unleash q new bar
rage Of verbal gunfire against the Radio
Commission and the Radio Corporation.
In fact, Oswald Schuette, prime mover
in the various fights against the alleged
radio monopoly, makes It plain that he
will pursue his fight in Congress rather
than the courts, his ultimate object be-
Ing dissolution Of the patent pool upon
which r. C. A. is built.
The commissions decision was very
much a surprise, since 1t was generally
expected it would elect to pass the
buck" to the courts. Especially sur
prising was the vote of Chairman
Charles NICK. Saltzman, known to be
the White House contact man on the
commission and personal appointee of
President Hoover. So far as political
effect Is concerned, Gen. Saltzman's
vote on the minority side can now be
pointed out by the administration as
its answer If any effort Is made to
fasten upon 1t the onus of favoritism
toward an alleged radio trust during
the electioneering that is soon to come
again.
Commissioner Sykes voted with Gen.
Saltzman to refuse to renew the r. C.
A. licenses, holding that section Is left
the commission no discretion in the
matter.
Equally surprising as Gen. SALTY
vote Of former Chairman Ira e. Robin
son, long an outspoken critic of monop-
oily in radio, and Of r. C. A. in particu-
lar. Commissioner Robinson with Com
missioners Lafount and Starbuck con-
Stituted the majority which declared
that section Is did not apply.
Appointment Expires Soon.
That the better part OF political dis
erection for the commission would have
been to deny the licenses and permit
the case to 60 to the courts is patent.
In spite of his high standing with the
antitrust faction on Capitol Hill, Judge
Robinson undoubtedly took his political
life into his hands by his vote in favor
OF r. G. A., which he accompanied
with a strictly legal opinion declaring
that he was holding that which, as an
experienced lawyer, know the courts
will eventually hold"
Judge Robinsonis appointment expires
next February. II he is reappointed by
President Hoover, he will Undoubtedly
face q fight in the Senate for con-
firmation. especially in view of the fact
that radio trust" charges are being
involved IN the various pieces Of radio
legislation coming before Congress at
the next session. Charges of DONNA
ton OF American radio by r. G. A. are
being freely made by the labor, the
farm and the educational interests that
are all seeking wave length privileges
through legislation.
The Robinson appointment Is for the
shortest term on the commission.
Judge Sykes appointment expires In
February, 1888, Commissioner Star
bucks in 1894, Lafount's in 1885 and
many quarters that Chairman SALTY
man, who has already indicated TO
President Hoover his desire to retire
from the radio post, will not serve be-
yond year or two more on the COM
mission.
judicial Discretion Involved.
In qualified legal circles there seems
to be an almost unanimous belief that
the courts would ultimately have held,
as did the commission majority, for
the idea Of imposing such a drastic
penalty for o trade abuse, without re-
gard to the priority and property rights
in the communications and broadcast
ing fields gained over the last decade
by r. G. A., Is repugnant to many law
yers. Moreover, the legal lights point
out, it was within the province Of the
courts that held against r. c. A. in
the tube case themselves to have in.