Evening Star Newspaper, January 4, 1929, Page 30

FILES RADIC SUIT WNYC Claims Vesied Rights on Air in Case Entered in D. C. Courts. BY MARTIN CODEL. A vexing problem in radio broadcast- ing is brought into sharp relief in New | York City's suit against the Federai| Radio Commissicn, filed in the Court of | Appeals of the District of Columbia For the first time the legal issue is| raised between public ncn-profit-making | stations and those operated by private enterprise for direct or indirect gain Broadcasting at best is not highly! profitable at this stage in its develop- ment. Few stations in the country are showing favorable balance sheets, most | of them depending upon various forms of private subsidy for sustenance. s distinctly an American policy. that private initiative shall hold sway over the ether after the needs of the Federal Government have been met. | Comes now the City of New York| with a ciaim of prior rights for station WNYC. largely by ~irtic vern- mental and municipal character. The | station was required by an order of the | Federal Radio Commission last month | to share operating hours equally on one of New Yok State’s allocated region at wave lengths with WMCA, a com- | mercial station. { Backed by Mayor Walker ard the city authorities of New York, WNYC is car- | Tyving its demand for full time on the | wave length to the courts after an| ineffectual effort to get what it wanted | at a hearing before the commlission The case would be purely local in im- portance except for the city’s grounds for claiming prior rights for the munici- pal station and the public ownership issue that inevitably arises Claim Abuse of Power, It is alleged in the appeal that the commission abused its discretion in compelling a municipal station to shaze | a wave length with a station operated for private profit. The order is de-| clared to be void for the furthcr reason that it hinders New York City from | “exercising its governmental and muni- | cipal function, to wit, the broadcasting of orders, directions, news and infor- mation respecting the health, safety, education, convenience and wellbeing of the City of New York.” The question Immediately arises whether the operation of a radio sta- | tion in virtual competition with private enterprise is a necessury and proper function of a municipality. New York ! City spent about $50.000 for the sta-| tion, which has been in use since July, 1924, and is expending more than $50,- | 000 annually in its maintenance. The contention of the city's counsel is that the commission’s order of a time division is illegal because, in effect, it “destroys the license of the City of | New York .7 operate a broadcasting | station, one of the purposes of which | is to make available for use any time of day or night an’agency for the broadcasting of police, fire and other emergency messages and alarms,” as|10:30—Fifth Avenue Knights. well as news of missing persons, crimi-, 11:00—Slumber hour. nals, stolen automobiles, epidemics, se- |- rious acciderts and catastrophies, “apt to happen at any time in the teeming and complex life ° a city of 6,000,000 inhabitants.” 4 The Radio Commission’s counselors | are withholding comm:nt pending the preparation of a reply brief. They revealed an interest in the case, how- ever, because of the precedents it will | involve. If New York City has prior | rights, will it mean that other munici- palities can go into broadcastine and claim the same priority? Municipal stations are virtual competitors of com- | mercial stations because of the scarcity of wave lengths. Vested Rights Claimed. This is only one of the legal proposi- of Representative Emanuel Celler of New York at the WNYC hearing is re- called. He maintained that city and State governments and their subsidiary public welfare divisions, such as police departments or colleges, have just claims to vested rights on the air. Such a view is wholly untested in law, but it is known to be unpopular ‘with the commission. Because of the superior, all-around service the com- mereial stations render and their inva- riably grealer popularity with the audi- ence, the commission has been disposed | to assign them the better wave lengths | and powers, with the idea that their| facilities can be called into use in times | of stress or for public needs. Fear has always bheen felt, too, that publicly- owned stations would be used for the aggrandizement of the political group in_power, although no such point is believed to be invelved in the New York situation. Several members of the commission are known to be opposed to the owner- ship of stations by municipal or State governments, in the belief that their audiences are too limited and wave lengths all too few, as well as on the public ownership theory. Carried ‘o its Jogical extreme, public ownership and operation on a priority basis would leave room not only for no commercial stations at all but for relatively few municipal or State stations, in view of the capacity of wave lengths. On ‘he other hand, public ownership might be accepted as a principle and all programs might be made to emanate from publicly-owned stations. That is the way most foreign countries handle radio broadcasting. It is one of the considerations now before the Canadian commission recently appointed to inves- tigate the Dominion’s broadeasting woes. (Copyright. 1929. by North American ewspaper Alliance.) UPPER OHIO FLOOD CONTROL COST SET $80,000,000 Estimated Expense of Project on Allegheny and Monongahela Rivers. By the Associated Press A three-year survey authorized by a sprel; cl of Congress looking to the building of an extens 1 power and navigati L project on Ohio River tributaries above burgh has resulted in an e: $80,000,000 the probable such an undertaking. This estimate, disclosed in testimony on ri and harbors works made public along with the report of the Army appropriation bill, was given by the Army district engineer at Pitts- burgh, who also figured the benefits of | the project could be capitalized at $55.000,000. ‘The War Department will not make known its position on the survey con- clusions until further information has been furnished by the district engineer, 1o whom the report on the study has been returned. Testifying before the subcommittee which wrote the Army bill, Maj. Gen Fdgar Jadwin, chief of Army Engi- neers, said there was “liable to be dis- cussion_as te whether or not the esti- mate of cost can be reduced and as to whether or not we have estimated the benefits from it high enough.” The survey was carried on by the Federal Government in co-operation with the State of Pennsylvania, each appropriating $25,000 for the study. i The first Portuguese exploders who salled to South America discoyered in the month of January what they thought was a mighty river and named e of cost of 11:00—Dance hour. 8 party. tions. In this connection the testimoay | 11:00—Negro achievement hour. 11:00—News: dance hour. (Meters on left of call letters, kiloc; otherwise 4345 (Washington Navy Yard). 3:45—Weather Bureau_reports. 7:45 to 8:00—Public Health Service Broadcast No. 329: “A New Year | Message." | 9:55-—Arlington_time signals. 10:05—Weather Bureau reports. 228.9—WOL—1,310 (American Broadcasting Co.) 5:45—The Town Crier. 6:00—Dinner concert. 6:15—Mirth_and melody | 6:30—Bran Hughes and his orchutrn‘i 7:00—City Club Trio. 10300 to 12:00—Club Chantecler En-) semble. | Early Program Tomorrow, 30a-—Musical clock. 9:55a--Stock market letter. 10:00a-—Household chat by Peggy 10:55a—Stock mar! 11:00a—Advertis 205.4—WISV—1,460 (Indepesdent Publishing Co.) 7:00—Musical program. 7:30—Ethel Brown, pianist. 8:00—O'Connor Players. §:15—Jimmie Tester, harmonica player. 8:30—0id King Tut, banjoist. ! Two Black Humming Birds. 9:15—Emil Jolson, tenor. 9:30—Request program. 10:00—Hawailan Melody Boys. 10:30—Bill Thompson’s Fiddlers. 475.9—WMAL—630 (Washington Radio Forum). Venus Orchestra. Enna Jettick melodies (C. B. 8.). 7:15—Jimmy and Jane. 7:30—Correct time. 7:31—Harmonious Quartet. 8:00—The Crystal Gazer (C. B. S). 8:30—Then and Now (C. B. S.). 454.3—WEAF New York—660 1:45—Afternoon features. 5:30—Bill and Jane. 6:00—Dinner music. 6:30—Mechanics of Mirth, 00—Bakers. :30—Happiness Boys. 00—Orchestra and Cavaliers. 9:00—An Evening in Paris. 9:30—Rapid Transit. 10:00—Concert bureau hour. 394.5—WJZ New York—760 1:00—Orchestra and features. 6:00—Novelty orchestra. 6:30—Musical feature, 7:00—String quartet. 8:00—O0ld dances. 8:30—Quakers. 9:30—Light opera. 422.3—WOR Newark—710 2:30—Musical programs. 6:20—Music: Uncle Don. 7:00—Orchesira. 0—Presentation. 8:00—Crystal gazer. 8:30—Then and Now. 9:00—Story hour. 10:00—United, grand opera. 11:00—News;" dance hour. 348.6—WABC New York—86¢ 6:00—Mimic; tenor. 6:30—Broadway chat; melodies. 0—Fashion Show. 8:00—Avlation activities. 8:30—Orchestra. 9:00—Musical portfolio. 9:30~ dio party. 6—WLWL New York—1,100 6:00—Entertainers; talk. 7:00—Tenor; musical; talk; opera. 272.6—~WPG Atlantic City—1,100 5:30—Organ recital; news. 8:30—Talk; Playground Pals. 9:00—Musical; concert. orchestra. 10:00—Organ hour. 282.8—WBAL Baltimore—1,060 6:00—Sandman. 6:30—Dinner music. 7:00—Feature; circus. 8:00—Old dances; Quakers. 9:00—Review; light opera. 10:30—Musical Memories. 256.3—WCAU Philadelphia—1,170 6:30—The Mystic; melodies. 7:00—Orchestra. 7:30—Trio. §:00—WOR programs (3 hours). 11:00—-News; dance music. 305.9—KDKA Pittsburgh—986 6:30—Charles W. Hamp. 7:00—Studio. 7:30—Circus. 8:00—O0ld dances. 4 8:30—Quakers; review. 9:30--Light opera; 10:30—Orchestra. 260.7—WHAM Rochester—1,150 6:30—Dinner music; feature, 7:30—G. E. program. 8:00—0Id dances; Quakers, 9:00—Review. 9:30—Light opera. 11:00—Slumber hour; news. 379.5—~WGY Schenectady—790 6:30— Mechanics; talks, 7:30—G. E. hour. NAA—690 | THE EVENING STAR, WASHINGTON, D. C., FRIDAY, JA NUARY 4, 1929. Today on the Radio PROGRAM FOR FRIDAY, JANUARY 4, 1929 yeles on_right. All time p.m. unless indicated.) g LOCAL STATIONS. 9:00—Story hour (C. B. S.). | 10:00—"Pagliacci,” by United Opera Co 5. (C. B. . | 11:00 o 11:15—News flashes. 315.6—WRC—950 (National Broadcasting Co.) 4:00—United States Marine Band Sym- phony Orchestra. 5:00--Florida Citrus Growers (N. B. ) ). 5:30—Joliy Bill and Jane (N. B. C.). 5'55—Motion picture guide. 6:00—Waldor(-AstoriaOrchestra B.C). 6:30—Raybestos Twins (N. B. C.). 7:00—Happy Wonder Bakers (N. B.C.) 7:30—Lotus Orchestra. 8:00—Cities Service Cavaliers and Concert Orchestra (N. B. C.). 9:00—An Evening in Paris (N. B. C.). | 9:30—Rapid Transit (N. B. C.). 10:00—Weather forecas (N. | 10:01—Naticnal Broadcasting and Con- cert Burcau hour (N. B. C.). 11 to 12—Slumber music (N. B.C.). Early Program Tomorrow. Tower health exercises B. C). 5:00a—Federation morning devotions (N. B. C. 6:45a. (N. ) 8:15a—Parnassus Trio (N. B. C.). 8:30a—Cheerio (N. B. C.). 8:50a—Parnassus Trio (N. B. C.). | 9:00a—Studio program (N. B. C.). | 9:15a—Harry Merker and his orches- | tra (N. B. C.). 9:30a—United States Army Band. | !0.303-;& CSallE String Quartet (N T 11:00a—Parnassus Trio (N. B. C.). 11:15a—Radio Houschold Insticate (N B. C.). 11:302—Studio program (N. B. C.). 12 noon—Pa-nassus Trio with Richard Maxwell, tenor (N. B. C.. | 12:30—Waldorf-Astoria._Orehesira (N. | 1:30—National Republican Club Satur- | day discussions (N. B. C.). S:SD—R’.SCCA, demonstration hour (N. C). OUT-OF-TOWN STATIONS. Programs prepared by the Associated Press. Scheduled for Eastern standard time. 8:45—String quartet. | 9:00—An Evening in Parls, :30—Musical program. 0—Concert bureau hour. 302.8—WBZ Springfield—390 5—Orchestra and features. 6:45—Ramblers; feature. 7:30—Circus; old dances. :30—Quakers; review. 9:30—Light opera, *| 10:30—Sports; orchestra. SOUTHERN. 405.2—WSB Atlanta- 7:00—Orchestra: circus. 8:00—OId dances: Quakers, 9:00—Review: light opera. 11:45—Hawaiian ensemble. 277.6—WBT Charlotte—1,080 6:30—Dixie program. 0—Merrymakers; circus. 0—Old dances; quakers. —Review; light opera. 325.6—WHAS Louisville—820 7:00—Great Moments in History. 0—Circus; old dances. J0—Quakers; review. 0—Light opera. 10:30—Dance orchestra. 461.3—WSM Nashville—650 7:00—Studio orchestra; newscasting. 7:30—Circus; old dances. 8:30—Quakers; review 9:30—Light opera. 11:00—Symphony orchestra. 270.1—WRVA Richmond—1,110 6:00—Sports; 4-H Club, 258.5—WWVA Wheeling—1,160 6:00—Farm flashes; feature. CENTRAL. 293.9—KYW Chicago—1,020 0—Review: light opera. 00—News; slumber musi 12:00—Orchestra; Insomnia Club. 4164—WGN Chicago—1720 00—An Evening in Paris. —Theater gang. —WGN Opera Co. 0—Features; popular (2'2 hours). 447.5—WMAQ-WQJ Chicago—670 8:00—WOR programs (3 hours). 11:00—Amos-Andy; musical, 11:40—Orchestrs. 12:00—Dance music (3 hours). 428.3—WLW Cincinnati—7 6:30—Diners. 7:00—Orchestra; educational. 7:30—Circus; old dances. 8:30—Quakers; review. 9:30—Light ope: 10:00—Sextet; orchestra. 11:00—Slumber hour. 12:00—Dance music. | 2—WTAM-WEAR Cleveland—1,070 6:00—Hotel orchestra. 7:00—Hour of features. 8:00—Orchestra and Cavaliers. 9:00—Fur trappers. 9:30—Friday frolic. 10:30—Dance music (2; hours). 398.8—WCX-WJR Detroit—750 6:00—Orchestra; dinner music. 7:00—Editor’s desk. 280, 7:30—Circus; old dances. 8:30—Quakers: review, 9:30—Light opera. 8:30—Contralto. F DOWN o[e——=]alc———|o]c——=lal——22l0] H : OKAY RADIO CO. TWO LARGE STORES 417 11th St. N.W.—1625 H St. N.W. Phones Franklin 2711—Franklin 8089 =10 11:00—Amos-Andy; dance. jojc———]o/c————ol———|o]c———]o} RESHMA YOUR ULTIMATE RADIOC SEVEN TUBE ELECTRIC IN COLONIAL CABINET WITH DYNAMIC SPEAKER | N COMPLETE |among WRC's N.B. C. CONGERT ON SCHEDULE TONIGHT Cities Service Broadcast In- cludes Dance Music of Many Nations. Morton Downey, lyric tenor; Countess Olga Mendolago Albani, soprano; Torre and Bivano, popular violin and ac- cordion team, the choristers and a! salon orchestra under the direction ot | Hugo Mariana. are the artists and group entertainers that the National Broadcasting Co., will parade before the microphone tonight in its weekly concert bureau hour. ‘With the Cities Service Hour, the Concert Bureau program heads the list of features scheduled by WRC. Dance music of several nations constitutes a portion of the Cities Service broadcast. although, in general, the program will be varied, including selections from Victor Herbert's “Natoma,” and Flet- cher’s chansonette, "My Love to You." | Alter's “Manhattan Serenade” heads | the list of popular tunes to be heard | during the concert burezu hour. i Countess Albani's contributions will be two modern Spanish numbers and Bur- | leigh's “Nobody Knows,” “Honey" and “Smilin’ Through.” *“Little Mother of ust a Little Fond Affection” The Song I Love" are listed among Mr. Downey's solos. Torre and Biviano will play excerpts from two operas, “Alessandro Stradella” by Von Flotow, and “The Barber of ille” by Rossinl. Another “Evening In Paris.” Rapid sit, the Happy Wonder Bakers, (he Ray-Bestos Twins and an- other “Evening in Paris” episode are other major features. The twins will present the third of their series of comedy musica! sketches. | The singing bakers will feature an old | Creole folk song set to a traditional melody. A condensed version of Leoncavallo’s “Pagliacci,” by the United Opera Co., heads the list of Columbia Broadcasting System attractions to be broadcast to- night by WMAL. Other Columbia fea- ture are the Story Hour, Then and | Now, the Crystal Gazer, and Enna Jet- | tick Melodies. Romange will be the thcme of the last named, wtih “Home Sweet Home" as the theme melody. The Crystal Gazer will .find happiness for an estranged pair of lovers, while the | Then and Now period will be devoted | to contrasting popular music of the | past and present. The S Hour will | Headquarters for MAJESTIC ~That COLD ‘Take the tablets that stopa cold in one day —HILL'S CASCARA -QUININE. ‘They do it because they combine four effects inone: (1) break up the cold . (2) check the fever (3) open the bowels (4) tone the system. HILL’S CASCARA-QUININE REI? BOX—-AlU Drvni,u 10 hiss ce: Philadelo! cet tes pistrict w?f‘&‘..‘.'.flmn S B o Walnut 490 = s | | | | | | =] RADIO’S MAJOR FEATURES TONIGHT. 8:30—Quakers; Musical Comedy | | songs—WJz, WBZ, WBT, | | KYW, WBAL WHAM | | KDKA, WJR, WHAS, WSM, | | WSB. 00—Concert Bureau Hour: popular songs—WEAF, WEEIL, WTIC, WTAG, WCSH, WLIT. WWJ, WRC. :00—Sextet: Musical y WJZ, WBZ. WBAL, WHAM, KDKA, WLW, WJR, KYW, WHAS. WSB, WBT. 00—United Opera Ct liacei” in Englis WCAU, WNAC, WFBL, WKRC WMAQ WLBW, WMAL, WMAK, WJAS, WEAN, WCAO. WABC, WSPD, WGHP, WHK. “Pag- WOR, be woven around Mary and Bob's ad- | ventures in Virginia. | WISV Artisis to Perform. Regular WJSV artists will provide | the principal portion of that station's Researc] broadcast. These include Old King { Tut, Emil Jolson and the Hawaiian |its chief. It is of vast Melody Boys. WOL has scheduled its Club Trio as the ieading features. CHURCH URGES COURT TO ENJOIN ITS PASTOR Colored Minister Ignores for 20 Weeks Congregation’s Defhand for His Resignation. By the Associated Press EVANSTON, Ill, January 4.—For 20 weeks the colored congregation of th: Mount Zion Baptist Church has tried with no success to discharge its pastor, the Rev. G. A. Long. Week after weck the church mem- bers have given him notice, and Sunday after Sunday the pastor has continued to preach as though nothing had hap- pened. Every time a church meeting is held to take action, the congregation states in a bill for injunction filed in Circuit Court, Mr. Long presides and refuses to entertain any motion opposing his con- tinued occupation of the pulpit. ‘The bill asks that Mr. Long be en-! joined from entering the church. |Radio Ceil | the Kennelly-Heaviside | forming antics that mey in time open NEW WAVE CHANNEL HAY BE PROVOED ing’s Antics Ex- pected to Open Field for DX Commurvcation. Radio's ceiling, kncwn technical layer, is up a new fleld for long-distance radio communication, but in so doing deplete | the value of short-wave channels now in use or so shift their service areas as to render them uscless for their pres- ent duties. This startling discovery, still theo- retical, has been made by the Na h Laboratory at Bellevue, under direction of Dr. A. Ho \ ignificance, be- cause in the course of the next few | regular Friday night attractions with |years it may have a decidedly damag- | Bran Hughes' Orchestra and the City |ing effect on the channels from 10,000 to 23,000 kilocycles (30 to 13 meters) | and some variable effect on down to ! 3.000 kilocycles (100 meters), or all of the just recently harnessed ethereal area used in transoceanic communica- | tion and partially in th continental short-wave spectrum. May Opea Radio “Graveyard.” But this shifting of the ceiling may turn the present radio graveyard | ful area and open new vistas of radio | communication. | That would necessitate much scrap- | It also | ping or altering of equipment. of the { would mean rearrangement | channel allocation. Dr. Taylor, who was joined in his researches by Dr. Edward O. Hulbert, | believes he can establish relation be- |tween sun spots with the heaviside { layer. | " since spots move in cycles of 11 y | approximately. they believe that |layer behaves in the same cycles. “he it was_estimated s at night and 90 the ionizing effect of the | | of the layer in 1924 by _day sun’s rays causing the daily lowering. | Dr. Taylor has found that frequently the yer has been down to 75 miles by day and correspondingly lower by night. The determination of the lay- er's relation to sun spots cannot be made finally until 1934, when the ob- servations will have covered a complete cycle of sun-spot activity. Dr. Taylor explains that the layer |15 all fmportant on radio communica- tion, since it returns the ascending radio impulses to earth. If it were not there the impulses would continue up- ward and reception of them, on earth at least, would be impossible. Only ground waves used in broad- | casting would then be received. Thay travel but a short distance. At present channels allocated for long distance communication are calculated on a basis of day. night, Winter and Summer conditions. Three channels are given each particular station to cover the range. Would Assign New Channel. In an attempt to measure the height | Jham=, to be assigned to take care of the | yearly effect. ‘The explanation of the ceiling’s effect is that the impulses are deflected or turned back from the ceiling at angles in a ratio to the frequency of the impulse, On the very high frequencies —above 25000 kilocycles—the waves are deflected at such a great angle that they travel around the earth before descending. and reception Is almost im- | possible. ~As the ceiling lowers, how ever, the deflected distance become shorter. So reception on higher fre- | quencies is possible. It is pointed out by Dr. Taylor, how- ever, that all this is theoretical, and it |may vet be proved that sun-spot | activity has no relation to the raising or lowering of the radio ceiling. (Copyright, 1929, by the Consolidated Press (‘ WESTERN PIO&EER DIES. SAN DIEGO, Calif., January 4 (#).— | Daniel Cleveland. a pioneer citizen of | San Diego and for many years one of its most prominent attorneys, died yes- terday after a short iliness. He came here in May, 1869. He was born in Poughkeepsie, N. Y. in 1838, and was a lineal descendant of Stephen Hopkins, who came to Amer! in the Mayflower in 1620. In 18! when the city of San Antonio, Tex., was bankrupt and under martial law, he was commissioned its mayor, and in a short time thoreafter brought order out of chaos and put the city’s finances in good shape. If it turns out that the earth’'s ceiling | does indeed shift, it will mean that an extra channel in the new and at pres- (23,000 to 35,000 kilocycles) into a use- ' ent only experimental spectrum would | DE MOLL Radio Department This department is managed by one of the best known radio experts in Washington. made under his personal All installations of sets are epproval supervision, which guarantees perfect service to our customers. 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