Evening star., 1941-05-05

and runs counter to the plain word
of decision of the Supreme Court
In effect orders the destruction o
the American system of broadcast
ing as the people OF the United
States have known it for the last l:
years.
Without public hearing the F. c
c. has given more than 400 broad
casting stations only 80 days com.
pletely to reconstruct their entir,
system of programs and busines!
relationships to the national net.
works. Virtually all broadcastine
stations and particularly those which
have licenses up for early renewa
now have a pistol at their fore
heads-either they comply or theil
licenses will be revoked.
The decision. which was to 2
reveals the minority as saying tina,
the new decree will mean anarchy
and chaos in the whole broadcastine
business.
If there is constitutional author
ity for a governmental commission
to destroy freedom of the air in
broadcastlng overnight, there vii
easily be found authority to de-
stroy freedom of the press, too
Already the F.. C. C. has arrogateo
to itself the right to say who shall
run broadcasting stations, setting
up a discrimination between citizens
which has not the semblance of au-
thority in either the law or the Con-
stitution.
Government Ownership Seen.
The ostensible object of the new
decree is to get rid of alleged monop-
oily, but that is merely an excuse
The real purpose is to impoverish
and demoralize the radio business
SO that the Government may take
1t over. Strong advocates of Gov
ernment ownership constitute the
commissions majority personnel.
Congress alone can save the lib
critics of the people by prompt &C
ton. When the members of Gov
ernment agency become arbitrary
and completely defy the courts and
the law, Congress can, if it desires
pass a joint resolution staying the
hand of the commission at least
until thorough congressional in
vestigation is made of the whole
affair. Such a resolution, inciden-
tally, could amend the radio law SO
as to require that members of the
r. C. c. hereafter shall not hold
Office longer than one year. If, as
the commission now orders, the re-
lationships between stations and
networks cannot be made for longer
than a year, then the vast power
over the broadcasting business which
the F. c. c. usurps can best be con-
trolled by the people in their own
interest by making it necessary for
all commissioners to come up for
denomination and confirmation by
the Senate once a year.
Courts Ruling.
The Supreme Court in very eX-
plicit language has said that the
radio act does not give the COM
munications commission power to
regulate the business of broadcast
ing, but only to issue or revoke Ii
eenSes and allocate wave lengths so
as to avoid mechanical conflicts.
If there is monopoly or unfair COM
petition or unfair trade practices,
the Congress has provided anti
trust laws and has created the Fed
eral Trade Commission with which
to tackle such problems. Nothing
tn the statute gives the F. C. c.
power to set itself up as a miniature
Department of Justice or Federal
Trade Commission. If this were so
then any governmental agency could
usurp such powers and carry on
nquisitions and prosecutions.
But the era of administrative alb
solution is here. While the Amer
lean people have their eyes focused
on the headlines of Europe, a game
of sabotage is going on here which
has even deceived the slumbering
members of Congress. The New
Dealers have from the first con-
sidered the state as the only in
strument which can determine what
Is good for the citizen. The theory
of private initiative and free enter
prise has been dealt blow after
blow by bureaucrats who are al
most as much sold on Government
ownership and National Socialism
as If they lived in Berlin.
Entertainments of Government.
The American people have en-
toyed radio. Programs giving the
finest opera music and the best plays
together with education and re-
hgious broadcasts have made Amer
lean radio superior to anything else
tn the world. Now all this is to be
stricken down because the system
Of revenues to pay the expenses of
such entertainment is to be broken
Up by capriciouS-minded ofhcialdom,
Both the National Broadcasting
%. and the Columbia Broadcasting
System have made vigorous protest
and doubtless the owners and man.
ayers Of the hundreds of individual
radio stations affected will make
themselves heard, too, in opposition
10 the commission's demoralizing
order.
This destructive action, however,
h Just one of series of steps by
which governmental commissions
are enoroaching on the rights of the
people and not on just one business
It is one of the means whereby
totalitarianism is imposed under the
glise of law and regulatory order.
Usurpation Of power without check
or hindrance leads to more and more
abuse. With freedom of the radio
gone, the next step will be limita-
tions on freedom of the press and
then freedom of speech. At time
when national unity Is 50 i'm
portant, it is incredible that the
bureaucrats would be 50 bold, but
with an acquiescent or Indifferent
Congress, the people can lose their
liberties rapidly. 1t will be interest
ing to see whether Congress rises to
the challenge laid at its doorstep
by the five bureaucrats in the Fed
orsl Communications Commission.