The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1930-11-14
STUPID BLUNDER OR.
.BRAZEN BETRAYAL
Power Gods Tell Supreme Court Of
United states TO Amend Laws of
Congress Interfering with Hydro
electric Companies.

Washington.-FP) That Attor-
ney General Mitchell's opinion un-
dermining the Federal Water Power
Act will be shown to be either the
most stupid blunder or the most bra
zen betrayal of the public interest
that has come out of the department
of Justice since the fight over Tea
pot Dome" is the deliberate finding
of Judson King. director of the Ma
tional Popular Government League.
in bulletin issued Oct. rs in COM
ment on the filing of suit in the fed
eral court of the District of Column
bia, by the Clarion River Power Co,
| to have the Act declared unconStitu-
tional
Acting with surprising swiftness
upon the heels of Mitchell's opinion
/ in the New River case, in which he
expressed doubt as to the constitu-
tionality of the Federal Water Pow
er Act" says King, "the power trust
has filed a suit i'm the federal court
attacking the validity of the law.
This places the attorney general
and the administration in a most
embarrassing position since the Off
GERS of the law whose duty IL is to
defend the Act and the public in
terest conserved therein have pre-
judged and decided the case in favor
of the power trusts contentious ,
who is there to defend the Act in
Washington? An Act passed 10 years
ago. after 10 years of strenuous eff
fort to protect the nations power
sites worth billions of dollars. in the
interest of this generation and those
to come. When the application for
the injunction is presented in court
by the power trust attorneys they
doubtless will offer as evidence the
, opinion of Atty. General Mitchell
in the New River case in support of
their contention that the Act is un-
constitutional and that the jurisdic-
t tion of the power commission is linn.
, tied as they contend. If and wheI
this happens. WHAT WILL THE
: ATTORNEY GENERAL DO?
= He will either have to recall hi
T opinion or the court will be com
. PEELED to enter a decree in accord
ance with his opinion. unless other
: are permitted to raise the question
q and state the legal arguments sus
tanning the Act which are ignores
by the Attorney Generals opinion.
; Doubtless the Clarion River Pow
e er CO.. attorneys will be aided by
: huge battery of lawyers from tn
% Electric Bond e. Share Co. the In
: sull interests. the Byllesby interests
7 the Stone & Webster interests - 4
e short by all members of the powe
have long planned this assault.
e Since President Hoover and Att,
s. General Mitchell are against tn
4 constitutionality of the Act, as al
, Asst. Atty Gen. Richardson an
Solicitor General G. TT. Thatcher VIII
was formerly counsel for EIectri
1, Bond & Share and wrote the Mitche
!. opinion, ii is TO be hoped that theI
may be found i'm the department
y justice some attorneys who symp;
lie thize with the public interest ar
10 who. as lawyers. hold the convictio
that the Federal Water Power A,
should be upheld.
D. IF this is not done or IT appeal
n. IL is not likely to be done by prom
announcement as to who is to hand
the governments case. then ii wi
n be the duty of the National Populi
r Government League - and IL is no
iS ed other nonpartisan organizations
to secure counsel and seek to int
~ vene as amicus curiae in order tn
in the public's side Of the case may
properly presented to the court"
King quotes a memorandum viii,
Former Judge Woodruff. who WI
ne solicitor of the Interior Depar
he ment under Roosevelt has draft
n as to the Mitchell opinion. JUDD
Woodruff says: THE Attorney &c
De erals opinion in this case is Meth
IS, good law nor good administration.
o. Is neither a fair nor a correct nor
h rull statement OF the essential fac
y concerning the Federal Water Po,
Il err Act and its enactment: and co
r corning the status of the New Riv
ms as navigable or non-navigah
lie stream"
u King concludes by asking wheth
al the power conservation advocat
al by Roosevelt and put into law und
a Wilson. which has had lip servi
~ from every Republican as we'll
IS Democratic platform since its o
rs actment. will be destroyed with 4
of consent and by the connivance OF 4
Va Hoover administration. and its po-
p err trust supporters among Dem
10 Gratis"