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had in preparation a hymnal. It is expected that the volume will be ready for distribution to BISII member stations some time after December 20th and certainly before the first of the year. As a special consultant in preparation of this collection, BMI has had the services of Richard ^Maxwell, who has for a number of years con¬ ducted the program known as Songs of Comfort and Cheer over the CBS network. Mr. INIaxwell has collaborated with M. E. Tompkins, BMI’s General Manager, and Dana Merriman of the Editorial Staff.
The volume will contain between four hundred and five hundred numbers. The greater part of these will be the standard hymns that have stood the test of time and well known gospel songs of all religious denominations. There are to be included also, patriotic hymns and some of the best known negro spirituals. A most important characteristic of the collection is the fact that it includes music representative of every religious faith which has any considerable following in this country. The book will be published in such form as to be suitable for use in congregational or community singing.
Nominations Now Open For Peabody Radio Awards
A University of Georgia bulletin describing in detail the George Foster Peabody Radio Awards for distin¬ guished and meritorious public service will be mailed soon to every station in the country, according to Dean John E. Drewry of the Henry W. Grady School of Jour¬ nalism, through whose office the entries and awards will be handled.
Since January IS is the closing date for this year’s entries, Dean Drewry suggests that station managers might well begin immediately getting their entries ready. The procedure, as set forth in the Peabody plan, as adopted by the Regents of the University System of Georgia, follows;
“Nominations of candidates for these awards shall be made in writing to the Dean of the Henry W. Grady School of Journal¬ ism, The University of Georgia, Athens, Georgia. Each nomina¬ tion must be accompanied by complete and self-evident data setting forth clearly the claim to consideration of one of these awards. Program subjects, program outlines, program transcripts, recordings, letters, and other pertinent data should be so presented as to comprise an exhibit which will be a faithful record of the station’s particular contribution to public service offered for consideration in this connection.
“Competition for one of these awards will be limited to work done during the calendar year ending December 31 next pre¬ ceding. The first award will be made in 1941, based on public service programs of 1940.
“The closing date for entries will be January 15.”
There are to be separate awards for small, mediumsized, and large stations, and for chain broadcasts.
Awards will be made at a date and place to be an¬
nounced later, upon the recommendations of the Advisory Board, membership of which consists of:
Dr. S. V. Sanford, Chancellor, University System of Georgia.
Bruce Barton, President, Batten, Barton, Durstine, and Osborne, ■Advertising, New York City.
John H. Benson, President, American Association of .Advertis¬ ing .Agencies. New York City.
Virginius Dabney, Editor, Richmond (Va.) Times Dispatch.
Norman H. Davis, Chairman, American Red Cross, Washington, D. C.
Jonathan Daniels, Editor, Raleigh (N. C.) News and Observer.
Mark F. Ethridge, Vice President and General Manager, Louis¬ ville (Ky.) Courier-Journal and Times.
Waldemar Kaempffert, Science Editor, The New York Times.
.Alfred A. Knopf, Publisher, New York City.
Miss Grace Moore, Metropolitan Opera, New York City.
Dr. John W. Studebaker, LInited States Commissioner of Edu¬ cation and Chairman, Federal Radio Education Committee, Washington, D. C.
Mrs. Marjorie Peabody Waite, daughter of George Foster Peabody and President of “Yaddo,” Saratoga Springs, New York.
Edward Weeks, Editor. The Atlantic Monthly, Boston, Mas¬ sachusetts.
Legislative
SUPREME COURT SUSTAINS FCC IN KSFO-CBS CASE
In FCC V. Columbia Broadcasting System and FCC v. The Associated Broadcasters, Inc., the Supreme Court on Monday held that appeal from an order of the Com¬ mission denying consent to an assignment of a radio station license does not lie to the Court of Appeals of the District of Columbia. Speaking through Mr. Justice Frankfurter, the Court ruled that an order denying con¬ sent to an application for a transfer is not an order “refusing an application ... for a radio station license” within the meaning of Section 402 (a) and (b) of the Communications Act. Jurisdiction to review such an order rests exclusively with the appropriate district court, specially constituted, with direct appeal to the Supreme Court.
We print the opinion in full:
October Term, 1940 Nos. 39-40
Federal Communications Commission, Petitioner,
39 vs.
Columbia Broadcasting System of California, Inc.
Federal Commltnications Commission, Petitioner,
40 vs.
The .Associated Broadcasters, Inc.
(November 25, 1940)
On Writs of Certiorari to the Court of .Appeals for the District of Columbia
Air. Justice Frankfurter delivered the opinion of the Court.
We brought these two cases here, 310 U. S. 617, because they raise questions of importance touching the distribu¬ tion of judicial authority under the Communications Act
November 29, 1940 — 4817