The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1920-10-03
The Federal Water Power
Act
BY g. 7. ANSELL,,s
Former Acting Judge Aavse~tr eesyrnl % the Arsy,

peN6 otsfru ~ tee Aroy-
which can hardly contribute TO It's
woTksbiiity. tH~+
wan the act work. or course
power win be developed at some ia
vorite sites by a few companies fortu-
KsteIy geircumstanced. whatever the
bill may provide. But will the bill
aid or induce the development Oh
power that ought reasonably to be
expected TO be developer Nobody
knows. and apparently one answer isI
about as good az another. HVen ex-
pert esttinony Is not to be too highi,
regarded
Distinguished engineers and expe-
rienced power men have assured me
at all times until recently that the
Incorporation OF such provisions as
are now found In the present bill
would XIII all hope OF operating und or
IL. This they reiterated when the bill
was on its hearing and passage. and
submitted Anendmentswi without whien.
they assured the committee the act
had as well be not enacted.
But some OF them have so easily
adjusted themselves to the inevitable
that they are now praising the merits
OF the leg islation, perhaps beyond its
due: or can IL be that they are look
ing forward to q judicial alienation
| OF their srievancesY ~
I As the act IL written. or as II may
be aided by the construction which II
| SO generously requires, SO must II be
| tried out Even IL the act proves TO
| be far less effective than some expect
| and all hope, IL will be because IL has
| distinctly advanced the cause OF waite.
power development.
SETTLES MANY MATTERS.
I Il "a .,.l. k.n
| can settle. many matters of dispute
that have heretofore effectually
blocked Congressional action. IT ha,
convinced those who had sought to
develop water power free from gov
ernmental control that such legisla-
ton was not to be achieved; II has
established many matters of basic
fact governing the conditions of de-
velopmcnt which Congress had to UNI
derAtand n IL were to legislste intelii-
gently. but had hitherto ignored; IL
has settled. whether wisely or not. for
some years to come some differences
Of legislative policy about which
heretofore there could be no agree
ment. as well as some matters of leg
islative power, the assertion of which
will be subjected to final judicial de-
termination.
Congress has at last recognized that
It's function is to establish. the general
policy and conditions that should govern
development. and has left their applica-
ton in particular cases to the domain
OF administration where II belongs. II
has resolved, 40 far as legislation can
resolve. the long and bitter dispute as
10 the relative rights OF State and ma
ton In favor Of national authority and
control. o..
1t was deduced out of the commerce
clause Federal rights, including the
right Of control over the development
on navigable waters. quite the equiva
lent of those which 1t assumes by virtue
Of ownership over development that
touches the public domain. Its pro-
visions as to charges are bAsically as
sertions of the right to raise revenue
out of. the development IL also subjec
corporations engaged in the develop
ment to the power Of Visitation and in
QUESTION conferred by the act upon ad
ministrative officials. Many questions
involving fundamental policies Congress
has settled for itself. and many Ques-
tons involving fundamental law Con-
gress by positive action has promitted
to the courts for fnal determination.
1 would not have II believed that the
relation between the commission and
the licensee Is necessarily pregnant with
litigation. Even. however, IL II be true.
as an engineer friend of mine remarked
to me the other day. that only en-
gineers and not lawyers are needed in
drawing the license. will guarantee the
need Of a lawyer whenever il begins to
work