MICriellg
lads* Periodical Carter
CLUTON AYINUT • CINCINNATI 30, 011/0
fitE59 mum;
October 13, 1939
(11R0741CIE
• nd THE LEGAL CHRONICLE
LEGAL PRECEDENT EXISTS TO BAR
SPREADING OF HATE OVER RADIO
PAGE FIVE
el
and effective remedy against th
Hundreds Respond
owner of the station who, eithe
To Altman's Appeal
through bad judgment or ba r
faith, permits objectionable mat-
For Jewish Pavilion
ter contrary to "public interests,
convenience and/or necessity,"
In response to an appeal
Voluntary codes of associations over his Jewish Hours on Sat-
(CONCLUDED FROM PAGE ONE)
t he
public
Interest.
IIIIN entrance.
er of broadcasters may be created,
new emit, would
men ed by granting •
urday night and Sunday noon,
renewal of
I hm notice of modified and repealed ad lib., but
known by the call letters KGEF. this heating was licen..
on Station WSIBC, for support
glven end opportnnity
The radio commission from whose extended to furnish proof to establish the rules and regulations pre- of the Jewish Palestine Pavil-
decision the church appealed to the right under the pro, 'stone of the scribed by Congress to be ad.
ion, Hyman Altman received
for a renewal of the grant. There ministered by the F. C. C. are
this court determined that the act
97 telephone calls on Saturday
gas, therefore, no lack of due prom.,
not to be fritted away by the evening and 74 calls on Sun-
station was in fact owned, oper- and, eonsldnrxA
rlrw', the
r ort‘hen'i n anitin o i rr 7:1 whims, caprice or indifference of
ated and dominated by the Rever- refusing.
day offering support for this
to renew g as In ell respect.
end Dr. Shuler. In September, right, and ehould be, amt IM eel toed." the station.
The 9', C. C. has left the mat- cause. Those who called at the
1930, appellant (the church) filed
It is of timely significance to
station pledged financial aid in
an application for renewal of sta- note that this decision upholds ter largely to the supervision and sums ranging from $1 to $10.
tion license. Numerous citizens of the right and power of the Radio control of the individual station. In addition, Mr. Altman re-
Los Angeles, headed by Lyon, pro- Commission upon a proper peti- The commission has steadfastly ceived many other offers of
tested and the commission, being tion and showing, to deny licenses refused to assume any semblance aid during the week.
unable to determine that "public in the following cases where:
of censorship—leaving the respon•
Mr. Altman appealed to De-
interest, convenience and neces-
1) The obstruction of adminis- sibility entirely in the hands of troit Jews to send their con-
sity" would be served, set the
tration of justice is shown. the station and what a responsi- tributions to the Zionist office,
appeal down for hearing before
2) The religious susceptibilities bility it is! As was stated in the 1044 Penobscot Bldg.
an examiner. In January, 1931,
Trinity Church case, supra, it is
of people are offended.
Those who have made pledges
the matter was heard , . . The
the duty of the commission "in and others desiring to help are
3) Inspiring political distrust.
examiner recommended renewal of
consideration of the application asked to communicate at once
4) Inciting civic discord.
the license. Exceptions were filed
for renewal to take notice of the with the office of the Zionist
Applying the principle laid broadcaster's conduct in the pre- Organization of Detroit, 1044
by one of the objectors and oral
arguments requested. This was down in the case of the Rev. Dr. vious use of the permit."
Penobscot Cherry 6559,
had before the commission sitting Shuler to the case of Rev. Father
It is no defense for the station, where all remittances are to
Make your fall clothes look new
en bane, and, upon consideration Charles E. Coughlin we note that when revocation of its license is be made.
by having them VITALIZE
MEN'S SUITS or
Cleaned . . . a superior quality
of the evidence, the examiners re- there is an almost striking fac- threatened, to plead that it has • The splendid response to Mr.
TOPCOATS
port, etc., the commission denied tual parallel, although there are unexpired contracts to fulfill. As Altman's appeals indicates that
method that will make your clothes
ONE HUNDRED TEN EAST HANCOCK
the application for renewal upon some facts in the Shuler case in- was stated by Chief Justice Mr. Altman has a large radio
sparkle with fresh, clean beauty—
•
the ground that "public interest, applicable. In the Coughlin case Ilughes in a later case reaching following.
perfect in every detail — each
(CORNER JOHN R)
conven ience and/or necessity" there is not only ample proof of the Supreme Court of the United
garment beautifully hand-finished.
Ladies' Plain
would not be served by the grant- the broadcasting of matter tend- States:
TELEPHONE COLUMBIA 3000
Phone for • pick-up today.
ing of the application. Some of the ing and calculated to and actually .. thenors of broadcasting nationsnec•
DRESSES
make their in,' •mttnent. and Sisterhood of Temple Beth
BERTRAM FRIEDMAN, Manager
things urging it to this conclus- inciting race hatred but in sev- e.ectly
cnulrnrls subJer: to I he paramount
COATS, SUITS,
pow, of Cungreae , . .
El Book Review Course to
ion were that the station had eral of his talks, notably the fa- regulatory
power
e ,r . n f
!., 11 r, ea to rte o g u
aill-
been use dto attack religious or- mous (infamous) Franco speech
Start on Oct. 23
he t-
ganizations, meaning the Roman there was an invitation to defi- irred by • nereselty for maintain' ar•
that virioe uld poil4er. fere with
Catholic Church and Jews, that ance of constituted authority and l augetm'ma
it«
On Monday, Oct. 23, At 10:30
ecu eon ,t
the broadcasts by Dr. Shuler were an appeal to riot and for violence
If a legal designation were a. m., at the Temple, Dr. Wood-
Statement of the Ownership, Man- sensational
if any law should be enacted which sought for a rule or standard of burn Ross, professor In
rather
than
instruc-
the Eng-
agement, Circulation, etc., re-
would restrict or curb in any
Price Includes Picknp
quired by the Act of Congress tive; and that in two instances manner his spoken or printed conduct governing broadcasting lish department of Wayne Uni-
and Delivery
of Aug. 21, 1912, of The De. Dr. Shuler had been convicted of word. It is significant to note stations it would be "Caveat! versity, will review "Grapes of
533447 E. FOREST
Wrath" by John Steinbeck, au-
trait Jewish Chronicle published attempting in his radio talks to that that statement was a threat Broadcasters!"
the orderly administra-
. Cor. Jane R. and Piquet!.
thor of "Of Slice and Men,"
once each week at Detroit, obstruct
to established law and authority.
tion of public justice.
Mich., for Oct. 2, 1939.
Conducted
by
Dr.
Ross,
the
Cash
and
Carry Price 99e
This court denied a notion for The decision in the Trinity Metho-
course will continue for six con-
STATE OF MICHIGAN,
WINDOW SHADES
a stay order, and this appeal was dist Church case, supra, is the
secutive Mondays. The complete
COUNTY OF WAYNE-
aw
of
the
land
and
remains
to-
taken. The basis of the appeal is d
MADE TO ORDER'
list of books to be reviewed will
Before me, a Notary Public In that the commission's decision is ay unreversed—although attempts
be announced at a later date. Sire
Bnai Moshe Sisterhood
Cleaned and Repaired
and for the state and county afore- unconstitutional, in that it vio- were made to get the case be-
Gifts to North End Clinic
Milton
Marx is chairman and tick-
Raid, personally appeared J. H. lates the guaranty of free speech, fore the Supreme Court of the
ets at 81.25 for the course or 35
LINOLEUM
The Bnai Moshe Sisterhood will
Schakne, who, having been duly and also that it deprives appel- United States but reviews were
North End Clinic has received
cents for individual lectures may hold a business and social meet-
Inlaid and Battleship
morn according to law, deposes lant of his property without due denied. Nor was this decision
The Ladies' Auxiliary of the
obtained by calling her at Un. ing Tuesday afternoon, Oct. 17, the following contributions: In
and says that he is the Business process of law. It is further in- produced by any Roosevelt-La- Jewish National Fund will hold be
honor
of recovery of Jack Ham-
2-1742,
CARPETING
at 2 o'clock, Following the busi-
Manager of The Detroit Jewish sisted that the decision violates t Guardia stimulus. The fact of its monthly meeting at the Fort
The Sisterhood of Temple Beth ness session, refreshments will be burger, from Mr. and Mrs. Ilarry
Rugs and Furniture
Chronicle and that the following the Radio Act because not sup- d he matter is that it was decided Wayne Hotel, 408 Temple, on
C.
,Grossman;
in memory of Mrs.
El will give a Hallowe'en party, served by the hostesses, Mesdames
is, to the best of his knowledge ported by substantial evidence, and wring the Republican administra- Tuesday, Oct. 17, at 2 p. tn.
VENETIAN BLINDS
Tuesday evening, Oct. 31, in the Charles Slave and Sam Berger, Ida Siegel, from Mr. and Mrs.
and belief, a true statement of the therefore is arbitrary and capric- ion of President Hoover, No new
The
guest
speaker
will
be
Mrs.
Alex Schreiber; in memory of
Drapery Hardware
ownership, management (and, if a ious. The court said:
aw is necessary to restrain abuses Joshua S. Sperka, A movie on social hall. Besides entertainment, Joseph Beek and Sam Adler.
Mrs. Rebecca Zeitlin, from Mr.
which will consist of dancing,
Get Wm Prin. and Nave
daily paper, the circulation), etc.,
Preparations are under way for and Mrs. C. Rosenfield.
,. v4, have been at great palms Iv of radio broadcasting.
child care will be shown.
Fret Estimates Miro hilted
cards
and
mah
Jong,
there
will
be
of the aforesaid publication for exulting • ate fully the record of a thou-
Thus it will be seen that while
Information regarding the aux- prizes and refreshments, Mrs. the annual inaugural dinner-
the date shown in the above cap- sand pages, and have reached the here is no direct remedy against iliary may be gotten by
8625 LINWOOD
calling Lawrence Van Baalen is chairman dance given by the Sisterhood in
The reason why Prince and
that none of the. annul- p urchasers of time for abuse of
tion, required by the act of Aug. conclusion
ments in well taken.
Call TYler 5-1230
the president, Mrs. J. M. Neiman of the event. Tickets may be ob- honor of congregation officers, on Princess Ilubertua au Loewenstein
24, 1912, embodies in Section 43, •IVe need not stop to review the he regulations promulgated by Ty, 6-0998, or the secretary, Mrs.
Sunday evening, Oct. 29. Mrs. rushed to this country is because
ugmn cunxtroln. the dente and breadth
tained
by
calling
her
at
Un.
1-
Postal Laws and Regulations,
he F. C. C., there is a very clear Leon Kay, Ho, 2460.
Jacob Farkas is chairman of the they want their child to be born
of (he first amendment . . . It Ix
0268.
printed on the reverse of this enough
arrangements committee.
now to say that the universal
on American.
form, to-wit:
trend of decisions has recognised the
RECEPTACLES
ty of the amendment to prevent
1. That the names and ad- swoon
Garbage, AM, and Rubbish.
prey ions restraints upon madicatIons,
Ileinforned Concrete. Fully Guar-
wellc s Immunity of censorship,
dresses, of the publisher, editor, ea
anteed, Prised Wald.
lea, ing to o rretion by subsequent pun-
managing editor and business man- ishment 1110.
utterances or Publications
AMERICAN
ager are: Publisher, Joseph J. contrary to the public welfare. . . It
m ay therefore be met down aa a fun-
RECEPTACLE CO.
Cummins, 8603 LaSalle Blvd., De- damental
principle that under these
579 Kenilworth To. 8-5889
troit; editor, Joseph J. Cummins, onm notional guaranties the citizen
l es in the brat Instance the right to
8603 LaSalle Blvd., Detroit; man- utter
or publish his .nt Imelda though.
aging editor, Philip Slomovitz. of course, upon condition that he is
17417 Stoepel, Detroit; business responsible for any abuse of that right
v Minnesota ex rel. Olson, Ell
manager, J. H. Schakne, 8603 La- Near
U. S. GIG. SI ii, Ct. 616, 75L Ed. 1157.
"Every freeman hoe an undoubted
Salle Blvd., Detroit, Mich.
right to lay what a-mimeo ts he plea..
2. That the owners are: (Give before the public, to forbid this le to
names and addresses of individual If est roy t he freellom or the Prig.: bat
PASTEURIZED M I
hr publish. hot In improper, nth.-
owners, or, if a corporation, give !drums,
or Illegal, he must take the
its name and the names and ad- ronsequences of Ills °an temerity." 4th
PER
VI lion 161, 152. Itut this does on
dresses of stockholders owning or inet
n t l hut the government, through
holding 1 per cent or more of the ngen cies established by Congress, may
a renewal of license to one
total amount of stock.) The De- lio rent.
has nbuseci It to broadnut de-
troit Jewish Chronicle, 625 Wood- friniatory
and nntrne matter. In tint
DETROIT
MIM.
there is not • denial of the
ward avenue; Joseph J. Cummins,
STANDARD 8603 LaSalle Blvd., Detroit, Mich.; freedom of speech, but merely the
applinttion of the regulatory pone, of
Detroit'. Finest Milk
J. II. Schakne, 8603 LaSalle Conk, . In a field n it kin the scope
biggest, most beautiful,
most bril-
Its legislative .tliefitY. or,, EVE 13
produced
by
Blvd., Detroit, Mich.; F. Margolis, of
Broadcasting Anzio v Federal Radio
Johnson's 4% 1 1 7:. " ,7:
6435
Bartlett
St.,
Pittsburgh,
Pa,
Commission.
60
App.
D.
C.
70,
CI
F.
Per QC
3. That the known bond holders,
Wattle
(Cu) cll'o nn 1 of the Radio Artof
Honest milk lase the butterfat con-
lianty performing tor ever
mortgagees, and other security 1E17 (44 Slat.
11112, title 47, (WA,
tent pinto!, printed on the hot iletnil
the nation's leading builder of automo-
holders owning or holding 1 per SO specifically declares the purpose
or I he net to be to regulate all form
cent
or
more
of
total
amount
of
FRESH EGGSiteig o.
of into- estate and foreign .radio t ran.-
biles . first again in quality and value ..
bonds, mortgages, or other securi- 1111.1ons and conununicatIone within the
Per Dozen - •
rs%
ilk'
States, it. territores and pox-
ties are (if there are none, as ., U rated
tust as Chevrolet has been first in sales
.ions, to maintain the control of
state) : None.
ea
the United Platen over all the chan-
els of interstate
k
foreign radio
All Depots Are Open
4. That the two paragraphs n transmissionra
and to provide for the
for eighl out of the last nine. y
next above, giving the names of UM of nut h channels for Ilndtrd per.
h
lode of time, under ilcen.s granted
Every Day from 7
the owners, if any, contain not
federal authority. Tim federal au-
only the list of stockholders and
orIty set up by the Federal Radio
A. M. to 11 P. M.
and the Conuniseion is
security holders as they appear I `OM mimalon,
and requirral, upon exam•
upon the books of the company but IIIAtha, power.
of an and 'cot ion for It station
ar e
or toodifi-
also, in cases where the stockhold- license, or for a recal
M determine
- nether "public
er or security holder appears upon Interest,
We pay our male em•
;I n„
convenience, or nereasil)" will
the books of the company as trus- he served by the granting thereof.
‘
any APplicant for a reaew•I of
played. better than an
tee or in any other fiduciary rela- end
en. whore npplication is refused
tion, the name of the person or may of right appeal from such de•
f $42.00 per
corporation for whom such trustee cline to this court.
Or has e already held that radio
is acting, Is given; also that the r o mniunicat
ion, in the sense content.
week.
said two paragraphs contain state- plated by the act, constituted inter-
datacommerce,
Woodcutting
ments embracing afriant's full Amen 1. Federal EFEE)
Radio Commission,
knowledge and belief as to the cir- supra; General El,. Co. v. Federal
Radio
Commixel
on,
68
App.
C. SIC
cumstances and conditions under 31 F. (id) 630, and in this D. respect
Johnson Milk Depots which stockholders and security we
are supported by many decision.
nolders who do not appear upon fir t he Supreme Court . . . It is too
TR. 1-3131
now to contend that Congreas may
the'books of the company as trus- lair t regulate,
and, in some inetancea,
tee, hold stock and securities in a deny, the WOWea of in enitale com-
to • Witness or occupation which
capacity other than that. of a bona merce
it deems inimical to the public welfare
fide owner; and this atilant has no or contrary to the public Interest.
reason to believe that any other • . Everyone interested in radio Ment-
approved the principle of limit-
person, association or corporation 1 ion the
number of broadcasting sta-
has any interest direct or other tions, or, perhaps, it would be more
correct to say, recognized the
securities than as so stated by nearly
Inevitable necessity. In three circum-
him.
stance. Congress Intervened and an-
ted its paramount authority, and.
5. That the average number of Me
If it be admitted, as we think It
copies of each issue of this publi- must to. that, In the prevent condi-
tion of the science with its limited
cation sold or distributed through facilities, the regulatory provision, of
the mails or otherwise, to paid the Radio Act are • reasonable ex•
aniseby Cong.0 of its powere, the
subscribers during the six months exercise
of these powers in no more
preceding the date shown above is. restricted by the First Amendment
(This information is required from hna n are the pollee power. of the States
td er the Fourteenth Amendment. . ."
daily publications only.)
In reviewing the order and find-
J. II. SCHAKNE,
ings of the F. C. C. the Court said:
Business Manager.
alluded elightIngly to the Jews
Subscribed and sworn to before as "Ile
• rare. and made frequent and hi t•
me this 30th day of September, ter attacks on the Roman Catholic
It costa money to travel
religion and it. relation. to govern-
1939,
ment. However inspired Dr. Shuler
but your travel dollar does
WILLIAM J. BERG,
may have been by what he regard, 1 as
patriotic zeal, however In de-
extra duty when you con-
Notary Public.
nouncing condition. he did not •p•
My
commission
expires
Nov.
6,
fine your tripe to Blue
pr... It le manifest. we think, that
1939.
I t is not narrowing the ordinary con-
Goose Linea.
eption of 'public interest." In deelar•
HOTEL
PALMETTO
MAKE NO MISTAKE!
Have Your Clothes
An Excellent Address
I •
In a desirable location . . . with
atmosphere and service combined
with the most modern conveniences
for luxurious living .. . truly the
Palmetto offers you the city resi-
dence ideal .. .
I
Finest Quality Dry Cleaning
THE TARIFF IS MODERATE
COlunablit 4200
FOREST
CLEANERS & DYERS
LASALLE
Window Shade Co.
FRESH
C
Mrs. J. S. Sperka
to Address J.N.F.
Auxiliary Tuesday
LK
QUART.
o
LET'S GET
DOWN TO
BRASS TACKS
Blue Goose buses are
Comfortable and clean. Our
drivers are pleasant, effi-
cient men and Blue Goose
buses operate on conveni-
ent, frequent schedules.
Detroit Terminal
Washington Blvd.
at Grand River Ave.
CA. 9000
BLUE. GOOSE
LINES
To Unveil Tombstone in
Memory of Rabbi S. M.
Fine on Sunday, Oct. 22
An unveiling of a monument in
memory of Rabbi S. M. Fine will
take place on Sunday, Oct. 22, at
Machpelah Cemetery. The family
of the late Rabbi Fine and the
Vaad Ilorabonim of Detroit invite
relatives and friends to meet at
the Beth Israel Synagogue, Lin-
wood and Buena Vista, at 11 a. m.
Dr. David Kimball Guest
speaker at Rally of Bnai
David Sisterhood Monday
Dr. David Kimball will be the
guest speaker at the rally spon-
sored by the Bnai David Sister-
hood, Monday evening, Oct. 16, at
the Bnai David Synagogue social
Hall, Elmhurst at 14th. The Sis-
terhood will be hostesses to the
mothers of the children attending
the Bnai David Religious School,
Refreshments and cards will com-
plete the entertainment for the
evening.
Plana are nearing completion for
the annual donor luncheon to be
held Tuesday, Nov. 14, at Lach-
ar's, 3153 Cass Ave. Mrs. Albert
Swartz, chairman, is assisted by
Mrs. Joseph Jacobs as co-chair-
man. The ways and means com-
mittee follows: Rummage, Mrs.
Morris Katz, Ho. 3689; savings
banks, Mrs. Ely Cutler, To. 6-9030;
cards, Mrs. Harry Silverman, Ty.
5-7475; card parties, Sirs. Tice
Robinson, To. 6-1577; minute
sheets, Mrs. Edward I. Ratner,
Da, 9406, Mrs. Hyman Miller is
chairman of the souvenir booklet,
assisted by Mrs. Garber.
i nc his broadcasta—with fact• to
tale them or to JuaLify theta—not
within that term, and, sines that le
t he test the Commission Is required to
apply, we think It
its duty In con-
trading the application for renewal
t o Mae notice of appellant a conduct
in his previous see of the permit, and,
In the circumatanctu the n fugal, wo
t hank, sou neither arbitrary nor ea-
rialous.
"if it be considered that one In noe-
l...ion of • permit to Oros least In
Interstate commerce may, without let
or hindrance from any worm, use
then facilities, reaching out, its they
do. from one corner of the country
to the other, to obstruct the adminle-
t o r ationof
t
justice, offend the :Ultra.
unwept ibliitiee of thousands. Inspire
political distrust and civic cliword . .
and be •nswera hie for slander only at
the Innence of the one ovended, then
this great Wen.. Instead of • boon,
will become • scourge. and the nation
theater for the display of individual
pasaione and the collision of personal
ntesta This
is
neither censorehip nor
pery ious restraint, nor It la a whittling
away of the nights guaranteed by the
Flatt Amendment, or an impairment
of their freecarrel.. Appellant may
continue to Indulge his strictures upon
the character. of men in public once
ti n may Jun as freely as ever crltli I.
religious practices of which he does
not approve. Ile may even indulge pri•
rate malice or pereonal slander—. 5-
Ject, of course, to be required to
answer for the abuse thereof—RUT
HE MAT NOT As WE THINE, DE-
MAND, OF RIGIIT. THE CONTINUED
USE OF AN INSTRUMENTALITY OF
COMMERCE FOR RUCH PUFtPOREft,
OR ANY OTHER, EXCEPT IN SUB-
ORDINATION TO A LL REASONABLE
RULES AND REGULATIONEI CON-
°REPS ACTING THROUGH THY COM-
MISSION, MAY PRESCRIBE. .
. Appellantduly notified by
the Pommianon of the hearing which
it ordered to be held to determl. If
wee
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