Evening Star Newspaper, May 9, 1930, Page 39

THE EV .NING STAR, WASHINGTON, D. C, FRIDAY, MAY 9, 1930. RADID GOMMISSON REBUKEDBY COLRT License Granted Hartford “ el Hoot Mon!. it put the 7hrill in T/m‘ft 1!;l.llm‘) Comznnilmdil :l‘:- ting in Washington smar under the nnnf‘ of its first rebuke at the hands of Cited for having overstepped its au- thority by the Court of Appeals of the District, the commission now knows just how far it can go in its ever-growing task of regulating radio. The court held the commission had violated a stay order—which is a type of injunc- tion—which it had issued in the case of Station WGBS, in New York City. ‘This stations aspires to become the key station of a third national radio net- work. | Ordered to Comply. Mincing no words, Chief Justice Mar- tin of the court ordered the commission to comply with the * of the stay order it previously ha issued and to rectify conditions so that WGBS would in no way be interfered with. In reality, according to -legal authorities, the court charged the com- mission with contempt of court without using that phrase and without attach- ing the fine or penal provisions. There are many complicating factors in this case .which makes radio legal history. The commission has had its ups and downs in this virgin field of radlo jurisprudence, but it is the first time it has been reprimanded. ‘The court ordered the commission to remove Station WICC, at Hartford, Conn,, from the 600-kilocycle channel, upon which it has been operating since May 1 and upon which WGBS has been operating at the direction of the court. The stations are only 50 miles apart, and the programs of both, it is reported, have been ruined by cross-talk because of the physical impossibility of two stations operat! harmoniously on the same channel with so little geographical separation. ‘WICC Was Victor. ‘The Hartford station was victor in its test before the commission for the -kilocycle channel ass! East. WGBS, which operated on the channel experimentally for the past two months, was ordered, effective May 1, to move to the 1,180-kilocycle chan- nel, with 500 watts power. But before the shift became effective—on April 26 ~—WGBS, through its counsel, got the stay order from the Court of Appeals. The commission, however, by & major- ity vote of its five members, held it already had licensed Station WICC to the 600-kilocycle channel, and made no effort to recall the license. “It is ordered, adjudged and decreed,” states Justice Martin's opinion, “that the license issued by the Federai Redio ‘Commission to Station WICC for opera- tion at a tmiuency of 600 kilocycles was issued in violation of the stay order of this court heretofore entered, and #aid license is vold and of no effect.” Station WICC, under the court’s or- der, returns to the 1,190-kilocycle chan- nel, on which it operated prior to May 1. To add to the comgéuuonl. it has filed & sult against WGBS in New York, $50,000 damages it alleges has been done it by the latter station’s op- erations on the channel to which it was (Copyright, 1030, by, Consolidated Press.) ARMY OFFICERS ASSIGNED TO NEW SERVICE DUTIES Changes in ‘Personnel Made Public in Department Orders Here. Col. Charles M. Bundel, Field Artil- erred i Tery, has been transfe Corps, at the Munitions Building, have been assigned to duty in the office of the Assistant Secretary of, War; Capt. Paul H. Morris, 9th Cavalry, at Fort Riley, Kans, has been ordered to Germany, to take a two Jears’ course at the German Cavalry Scheol; Capt. Kent C. Lambert, Cav- alry, at the Virginia Military Institute, Lexington, has been ordered to Grud- gladz, Poland, to take a similar course at the Polish Cavalry School; j. R. T. Pendleton, Coast Artillery, at Fort Monroe, Va., and Capt. E. F. Olsen, Coast Artillery, at Fort Totten, N. Y., have been ordered to the Philippines; Lieut. Col. Frank Geere, Coast Artillery, from Fort Winfleld Scott, Calif., to Hawali; Capt. J. C. Bates, Coast Artil- lery, from Fort Banks, Mass. to the Panama Canal Zone; Lieut. Col. Frank Lecocq and Capts. Creighton Kerr and W. W. Irvine, Coast Artillery, from the Philippines to Fort Monroe, Va.; Capt. Maurice Morgan, Coast Artillery, from SEmaas ~ brought extra quality gasoline to from Hawali to Fort Winfield Scott, .; Capt. Kirby Green, Infantry, Fort Benning, Ga., to the Georgia Agricultural School at Dahlonega; Pirst ° ° d [ [ B motorists without any advance in price ‘Washington, D. C.; Maj. E. J. Dwan, . Cavalry, from Fort Riley, ., 1o 4 { Fort Mason, Calif.; Capt. V. McT, . Shell, Cavalry, from the University of ; at Athens to Fort Brown, .; _Capt. F. E. Ambrose, Infantry, Biate Agricutaral School at Govvaliie: 2 o e 1 Milli £ Scotch: “FoRt Benning, Gay’ to he. Fansma Not alt of the millions of motorists leading the without a price penalty ... ons o ch: Canal Zone, and First. 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