Evening star., 1941-07-24

whether the F. c. c. is encroaching
on the freedom of the press-im-
portant as is that attempted usurpa-
ton at a time when the President
Is preaching to the world about
the four freedoms whether
the r. C. C. or any other commits
sion shall usurp the legislative pow
srs of Congress.
There may be differences of
opinion as to whether newspapers
shall own radio stations or vice
versa. There may be differences Of
opinion as to what is or is not a
monopoly in given community and
what constitutes unfair competition
as between two businesses. But
there can hardly be any difference
Of opinion on the proposition that
Congress alone shall make the laws
and that Federal commissions shall
not be permitted to make laws by
calling them rules"
Some citizens may say that if a
Federal commission exceeds it's
powers, the aggrieved may 60 to
court and get redress. But the New
Deal majority on the Supreme Court
has already held in the Phelps
Dodge case that a Federal commits
sion may take any action of puni-
tt1,a y, ! !, inL, t,, l,A
sion's opinion may effectuate. the
purposes of the law 1t is given to
administer
Court Appeal FruitIess.
So an appeal to the courts would
be fruitless. 1t is only at the door
step Of Congress that the citizen
can now lay his appeal. Congress
can if it chooses investigate whether
newspapers should or should not
own radio stations or vice versa
and can write laws about it. But
there is nothing in the Constitu-
ton which says a Federal commits
sion created by Congress itself can
exercise law-making powers.
Senator Wheeler. of Montana who
Is chairman of the all-important
Committee on Interstate Com
merce in the Senate presided for
several weeks over hearings on the
resolution introduced by Senator
White of Maine to make an inquiry
covering the whole subject of Fed
eraf radio regulation. But for some
strange reason the resolution has
been suppressed and does not get
to the Senate floor. 1t seems in
credible that the Montana Senator,
himself perhaps the most aggres-
sive liberal in Congress, would allow
. governmental commission to make
laws and proclaim rules that are
the equivalent of restrictive lesisla-
kion
But II this is puZzling, so also is
che attitude of President Roosevelt.
who permits his appointees on the
Federal Communications Commits
sion in an hour of crisis to be apply
ing their energies and time to dis
rupe the press-radio relationships
when it would appear that the all
out effort for defense and possibly
war would naturally require har-
nonious operation as between the
various channels of communication
and the Government.
What is most vicious, however, is
The principle that a Federal COM
mission can issue rule or even con-
slider issuing rule which tells one
class of citizens they cannot engage
tn a certain line of related business.
But this is something which the
Federal Trade Commission and the
Department of Justice are supposed
10 prosecute in particular cases. The
restriction proposed is to disqualify
. whole class of citizens or economic
group which is to be barred from
obtaining license for radio facilities
II the F. G. C. so wills it.
To set up discrimination as be-
tween citizens is to deny freedom of
opportunity. To restrict the right
Df the owners of newspapers to en-
gage in other lines of news dissent
nation is to begin to circumscribe the
press itself. If it is an essential re-
striction-and nobody will deny it
u q subject of profound Importance
then it is the duty Of Congress to
tackle such subject ano enact