Evening star., 1931-04-05
RADIO JURISDICTION
| STILL u. S. PROBLEM
State and Local Control Al
most Invariably Defeated
in Court.
By MARTIN CODEL.

The Province of Quebec's challenge
of the Dominion governments author
ity over radio has had some interest
ing parallels in the United States,
where proposals to exercise State or
local autonomy over radio in the form
Of taxes on receivers or other restric-
tions have almost invariably been de-
feated in the courts.
American courts, usually defining
radio as interstate commerce, have held
in favor of the Federal authority now
vested in the Federal Radio Commits
sion, although certain local ordinances
passed under the police powers to curb
nuisances, such as loud speakers or
sources of interference, have not been
challenged.
Tax on Sets Invalid.
South Cardinals proposed tax on ra-
dio sets was recently held unconstitu-
tional by the States own Supreme
Court. So was privilege tax ordinance
imposed by Kentucky town some years
ago. Nevertheless, some States are at
tempting to extend their powers over
radio, and the Federal Radio Commits
sion itself has recognized State rights
on the air to the extent of fixing a
Quota Of broadcasting facilities due
each State.
New jersey for example, has law
permitting no changes in wave lengths,
powers or station sites unless first au-
thorized by the State public utilities
commission-a law disputed by the Fed
eral authorities, but not yet tested.
Current sessions Of various legislatures
have a variety of radio bills before
them.
The New York Legislature has q bill
providing penalties for equipping au-
tomobiles with short-wave sets, obvious
ly to guard against criminals listening
in on the police wave lengths. Massa-
chusetts has bill imposing sales
tax on radios, tubes and parts, and
another bill regulating the hours of
labor Of women and children employed
in manufacturing radios. Considerable
stir has been caused in California by
a bill creating department of radio
supervision and providing tax on re-
ceivers; still another California bill
would require broadcasting stations to
keep a public record of all sums re-
ceived as gifts or donations.
North Dakota Proposal.
In North Dakota, a legislator pro-
poses compelling stations to grant time
to political candidates at $40 per hour
or face conflscation of their stations.
Nebraska would require stations to re-
port the consideration received for
political broadcasts. Texas has a bill
fixing penalties for using radio to pro-
mote trading or speculation in grain
and cotton futures. Both Texas and
Minnesota have bills defining and pro-
viding punishment for SANDER and libel
on the radio.
Col. Thad H. Brown, general counsel
of the Federal Radio Commission and
former Secretary of State Of Ohio, has
drafted bill which has been introduced
in the Ohio Assembly making 1t q
punishable offense to utter, transmit or
publish any false or malicious libel or
slander of living or dead persons by
means Of radio making the station
equally guilty with the performer The
bill, 1t is reported, has a good chance
TO pass.
The Federal authorities will probably
not dispute such a bill owing to the
lack Of any Federal statutes covering
libel and slander The National Asso-
citation of Broadcasters, however, though
indorsing the bill in principle, is asking
that 1t be amended to relieve the station
owner or manager Of culpability in view
Of the unwillingness of broadcasters
generally to shoulder the responsibilities
of censorship.
Ohio's Legislature has long taken a
keen interest in radio. It has made ap-
propriations for the Ohio School OF the
Air which broadcasts programs to the
schools of Ohio and nearby States. 1t
recently allowed microphones to be in
stalled in its legislative chambers so
that several sessions could be broadcast
over WLW, Cincinnati. These were
among the first broadcasts Of their kind,
various efforts to put Congress, the
British Parliament and the German
Reichstag on the air having always met
with failure.