The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-11-22
NEW FIGHT
On HYDRO
RULE
Most States Back u. s. Conn.,
mission, But New Jersey
Seeks Court Test.
By PHILIP A. ORME.

By PHILIP A. ORME.
When the Federal Waterpower
Commission first was created i'll
1920, some Of the States stood up
and howled.
Their rights were going to be
invaded; paternalism was going TO
operate to take over their resources
as commonwealth, and a man
couldn't build a fish wire in a
brooklet without laying himself
liable to Federal prosecution, they
complained.
Time AIIays Fears.
Three years activities of the
commission, the bulwark of the
people against exploitation Of hy-
droelectric resources by corporate
interests, has just about allayed
these groundless fears. In that
space of time, the industry by
which running water is harnessed
for the generation and distribution
Of electrical force has grown as It
never grew before in all history.
The State governments, almost
down to the last one, regard the
commission as favorably as the
people.
A notable instance of this fact
occurred last year when New York
threatened Supreme Court action
against the commission. lmme'
diately, every commonwealth that
would benefit by the Great Lakes
st. Lawrence project, which GER
tain interests of the Empire States
decry, took it's stand with the Fed
cral body. New York saw the Ighs,
and, while the issue is not a dead
one, the likelihood that any further
steps will be taken is extremely
remote.
New Jersey Seeks Tests.
Now comes New Jersey with a
suit before the highest tribunal to
test the commissions powers. It's
conservation policy is jeopardized.
it declares. It's control over GER
tain lands in New York harbor is
about to be taken away from it,
and also its canal systems from Its
sovereignty.
The commission Is not greatly
worried over this case: welcomes 1t.
rather, as a test which may pre-
vent further needless litigation.
The work of the commission
points the way to eventual public
ownership and operation of all
hydroelectric resources, though, OF
course, private capital under the
strictest of regulation, is now at
work in this vast development. And
the commission has very carefully
drawn the lines where it's authority
ends and that of the State begins"
1.-TWO classes of streams are in
volved," said a recent statement
by an official of the Federal body.
First, those streams which are de-
lined in the act as 'naVigable
waters over which the commission
has direct jurisdiction, and in which
development cannot lawfully be
made without It's prior approval;
second, those streams, which,
though not in themselves navigable,
bear such a relation to navigable
waters that power development by
altering their natural flow would
AFFECT the navigable capacity of
such navigable waters. The latter
come under the jurisdiction of the
commission only when declarations
or intention to construct dams
therein are filed with the commits
sion.''
Commission Defines Powers.
The commission has further de-
Clared:
1T is not sufficient for such
jurisdiction that q stream carry
or be capable Of carrying COM
merce within the limits of a single
State; but it must, either alone or
In conjunction with other waters,
form or be capable Of forming a
continuous highway over which
commerce may be carried
on with other nations or between
two or more States. The COM
merce, however, may be of the
crudest kind and may consist
merely of RATS or floating logs, If
such is the customary character of
commerce in the locality"
That reference to floating logs
was particularly irritating to New
Jersey. The logs seemed about the
last straw in the matter of Federal
invasion. Yet. the commission func-
tons under an act hailed as one of
! the most carefully drawn in many
! years; it had the overwhelming
support of the two houses of Con-
gress, and there seemingly is no
chance the commission won't be up.
held If New Jersey presses her
suit.
The States are also called upon
to act in cooperation with the
Federal government in water power
development.