Michigan v. U. S.

Michigan citizens were last week waiting to see if U. S. agents would attempt to arrest their Governor, Fred Warren Green. And if they did, would Governor Green, as he had promised, "throw them out of the State?" And, if all that did happen, was it civil war?

What gave rise to these stirring questions was a clear-cut controversy between Michigan and the U. S. over a radio broadcasting station. Governor Green stood on the Constitution and a State's police power. The Federal Radio Commission likewise stood on the Constitution and the Federal Government's power over interstate commerce, including radio. An important test case was in the making.

This year Michigan appropriated $60,000 to set up a broadcasting system for the State police. State-owned and operated, the central station was to be in East Lansing. The power: five kilowatts. The wavelength: 124 metres. Receiving sets were to be supplied all State-police stations, all sheriffs' office's. As a matter of comity Michigan officials had taken their broadcasting plans to Washington, asked the Radio Commission to issue forthwith a permit to erect the station, a license for its operation. The Commission had rejected Michigan's demand, temporized, set a hearing date in May. Chairman Robinson of the Commission politely explained that the U. S. radio law provides no special privileges for State broadcasting, that Michigan's petition would doubtless be denied.

Governor Green was incensed at this treatment of his State by the U. S. Boldly he proclaimed that Michigan, under its police power, would proceed with its Commission. He ordered his Bufeau of Public Safety to receive bids for the whole project. He announced: "Michigan will not delay. . . . Radio is a very important factor in apprehending criminals. ... It behooves those,in authority to provide all proved methods of catching crooks."

Alarmed at such defiance, the Radio Commission called on the Department of Justice. Its agents in Michigan were instructed to "arrest the proper persons"--meaning Governor Green--if the State should start to put up its radio station.

This threat of arrest riled Governor Green even more. Warned he: "Let 'em try to arrest us! We'll do some arresting ourselves ! If they come here interfering we'll throw 'em out of the State."

Then he issued another broadside against the Radio Commission:

"The Legislature has stipulated that a station be established. We expect to carry out its mandate. Michigan is simply asserting a fundamental principle of American government and if the Commission gets in the way, that's the Commission's fault, not ours. The police power, reserved to the States, is not subject to any limitation. If the Radio Commission believes it more important that the ether be filled with jazz music and advertisements than that criminals be apprehended and punished, that's the Commission's privilege. We don't think that way and we're not going to be controlled by anyone who does."

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