Radio daily (Oct-Dec 1949)

, _ „ _ _ . _ . _„ Wednesday, November 23, 1949 RADIO D AILY^ — California Commentary • • • Park Avenue Hillbillie Dorothy Shay recently took two weeks off between personal appearances to rest. During her vacation she quested twice on CBS' Edgar Bergen-Charlie McCarthy Show and recorded four sides for Columbia Records. They HollyWOOd 016 "Diamonds Are a Girl's Best Friend." "I'm lust a Little Girl from Little Rock," "Fargo Fannie" and "What Fer Didja?" . . . Dick Haymes waxes a Treasury "Guest Star" 15 minute program this week for release to 2750 radio stations nationally this winter to aid in the sale of savings bonds. Doris Day. taking time off from her Bob Hope radio activities, will record three new sides for Columbia Records this week. . . . Arranger-conductor Frank DeVol will appear in the March of Dimes video version of "Pantomine Quiz" in his usual comedy role, being filmed at the RKO studios this week for release to TV stations exclusively for the forthcoming MOD campaign. . . . Peggy Ryan and Ray McDonald will wax an audition platter of their half-hour situation comedy program in December when they return from their European jaunt and agent Eddie Sherman plans to sell the show to the ABC Network on a participation sponsor basis. Fred Heider will script. tic tic tic tic • • • lack Benny's Rochester is being considered as the lead for a satirical whodunit. "Five O'Clock Shadow," beinq auditioned here within the next two weeks. . . . Dore Schary, MGM veepee in charge ol production, guested on Louella Parsons' broadcast Sunday, Nov. 6, over the ABC and Mutual webs. Schary discussed stories and behind-the-scenes incidents in making "Battleground." . . . Tommy Dorsey flew in from Houston for a day to huddle on a new video show. . . . Alan Dale of CBS' "Sing It Again" has just signed a contract with Columbia Records. . . . The Metropolitan's lovely mezzo-soprano. Blanche Thebom. who is here with the SF Opera Co. for their current LA season, was a guest on the Standard Hour over NBC. tic tic -A" tic • • • Steve Allen, currently deejay on a midnite hour over KNX, the CBS station in Hollywood due for national acclaim. . . . Eddie Cantor, emcee of NBC's "Take It or Leave It," is in San Francisco, where he will tape two shows. . . . Screen Star Van Heflin guested on CBS' "Suspense" show Nov. 10th. . . . Piano sensation Paulena Carter was a guest of Lucille Norman on "Hollywood Music Hall," Nov. 9th over Columbia Pac. Network. . . . Gloria Swanson, old-time movie queen, may be seen on television soon. A TV package with her as star is being readied. . . . George Jessel has rejected a nattering offer to star on CBS-TV because he can't spare the time from his film duties. . . . Emcee Jack Bailey will take Mutual-Don Lee's "Queen for a Day" out of town on two successive weekends, for special perfomances in Seattle and Tacoma, Washington, and Fresno, Calif. High Court Hears NAB In Station-Tax Dispute (Continued from Page 1) U. S. Supreme Court two weeks ago. The cases have been brought to court by KGHI and KARK against an annual tax of $250 on "the conducting or carrying on of the business of producing or generating of electro-magnetic waves within the city of Little Rock for the purpose of broadcasting by radio transmission" or "the operation of the business of intrastate radio broadcasting" within the city. NAB argued that "the propositions of law which the court, by the dismissal of the appeal in this case, indicates as settled, are in fact not settled, but result in conflict with other decisions of the court." "Cannot Be Justified" The court was told that "... if the dismissal is considered as standing for the proposition that a tax laid on the business of radio broadcasting is one validly laid on an intrastate activity, it is in conflict with other decisions of the court. ... If the dismissal is considered as standing for the proposition that the generation of electro-magnetic waves is a taxable local incident, distinct from the commerce itself, it cannot be justified on the basis of existing decisions of this court." The brief pointed out that the dismissal leaves the broadcasting industry and state and municipal tax authorities in doubt as to which of two propositions of law the court considers settled: "... Whether broadcasting to listeners both within and without the state can be called intrastate commerce, or . . . whether the generation of electro-magnetic waves is a local incident which may be Constitutionally taxed." Cites Previous Decisions Citing Supreme Court decisions in cases in which firms were engaged in part in interstate commerce, the NAB brief said: "The Supreme Court has never held that mixed interstate and intrastate activity which is physically inseparable could be reached by an indiscriminate tax upon the business as a whole. It has never been held that a tax could be validly imposed on the privilege of doing an intrastate business, where such business was physically inseparable from interstate activities. If the Little Rock station's activity is exclusively interstate activity, the brief added, the Crutcher vs. Kentucky case cited by the court in its dismissal "is authority for the invalidation of the tax, not for sustaining it; the privilege of engaging in interstate commerce cannot be taxed." NAB said broadcasting is interstate, not intrastate commerce, and cited the Fisher's Blend case, "the only case involving state or local taxation of radio broadcasting stations which has previously come before this court." The Fisher's Blend case, the brief recalled "held unconstitutional a state privilege tax levied on the business of radio broadcasting. There, the tax authorities argued, as they do here, that radio broadcasting is, as a practical matter, intrastate, notwithstanding the fact that radio transmission cannot be confined within state lines. . . . The Supreme Court of the United States . . . rejected this argument and struck down the tax." NAB General Counsel Don Petty declared that the electro-magnetic energy in question (generated within a microphone by the sound waves striking an electro-magnet) is not of independent value and cannot be sold by the producer and transmitted by someone else, as in the case of electric energy. The brief added that the issue should not be regarded as insubstantial enough to warrant dismissal "where (a) there was a division of opinion in the court below and (b) the dismissal results in a holding on the merits which is opposed to the great weight of authority in the state and lower federal courts." "Attention should also be called to the background of the tax ordinance in question," the NAB brief said, and added: "It is the result of a studied effort by the National Institute of Municipal Law Officers to devise a tax which would not be subject to the infirmities which had led to the almost uniform invalidation of taxes previously attempted to be laid by states and municipalities upon the privilege or occupation of radio broadcasting." CBS Time Sales Up Both In Radio And TV (Continued from Page 1) hour shows, one afternoon 30-minute program and a five-a-week series. In addition a one-time broadcast has been purchased by Gillette Safety Razor Company for its coverage of the Orange and Rose Bowl football games on January 2. The Ken Murray TV show will be a fullhour Saturday show, 8:00-9:00 p.m.. on alternate weeks, starting January 7. Radio and TV shows included in the $5,000,000 time sales during past month are "House Party," to be aired Monday through Friday, 3:303: 55 p.m.. EST, starting January 3 under the sponsorship of Pillsbury Mills, Inc.; "Get More Out of Life," . Saturdays, 2:30-3:00 p.m.. starting January 7 for William H. Wise and Co.; "Skippy Hollywood Theater," Thursdays, 10:30-11:00 p.m., starting December 1 for Skippy Peanut Butter, and "Life With Luigi," starting January 10, 9:00-9:30 p.m. for Wm. Wrigley Jr. Co.; the "Ken Murray Blackouts" TV show; the U. N. television series sponsored by Ford Motor Company; the Thanksgiving Day full-hour simulcast show sponsored by Longines-Wittnauer Watch Co., and the Nov. 24 60-minute TV holiday show purchased by Hotpoint, Inc. Other Columbia Broadcasting System one-time radio sales announced are the full-hour Xmas Day drama, "Servant in the House," 5:00-6:00 p.m., to be sponsored by Hotpoint, Inc.; and the Notre Dame-Southern California game coverage Nov. 26 to be sponsored by Pontiac Motor Division of General Motors. WOR's Christmas Fund To Aid 74 Hospitals Patients at 74 hospitals in the New York metropolitan area will benefit this year from proceeds of the fifth annual Christmas Fund on WOR, New York. In addition to gifts of toys, clothing and layettes for children in the wards of all 19 New York City hospitals, three New Jersey municipal hospitals, and Grasslands Hospital in Westchester, maternity ward patients in 51 Voluntary Hospitals will share in WOR's Christmas Fund benefits for the first time this year. WOR and WOR-TV staffers have prepared 4,150 layettes for infants born in those hospitals during Christmas week. Sponsor Who-Dun-It Series A new who-dun-it series. The Adventures of Mike Shayne, is now being heard over WOR on Friday nights under the sponsorship of Egan, Fickett & Co., distributors of Nevins Indian River fresh oranges and grapefruit. Brett Halliday is writing the shows and the lead is being played by Jeff Chandler, screen and radio star.