Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-23
ON SHOALS
SALE IS EXPECTED
Attorney General May Pass
on Legality of Commits
sion's Decision.
BY GEORGE E. poY1NG.

The possibility Of final disposition OF
the Government property at Muscle
Shoals before Congress has another OPP
portunity to indulge in further debates
and enactment of another law for Gov
eminent operation, with the probability
that it would again be vetoed by Pres1-
dent Hoover, was seen here in the con-
clusion of the Muscle Shoals Commits
sion that the President has authority
to sell the property.
Naturally, this conclusion was
blow to the advocates of Government
operation of the huge electric plant IN
the Tennessee River. and Immediately
some of the Progressives IN Congress
were up in arms.
The, executive department certainly
Is unwarranted in taking such dras-
tic step" declared Senator Walsh,
Democrat, of Montana.
1T looks to me like another attempt
to steal the project" said Senator
Brookhart, Republican, OF Iowa.
Makeup of Commission.
Attorney General Mitchell, however,
is likely to be asked at an early date
to confirm the finding of the commits
sion that President Hoover has power
under existing statutes to dispose OF
the Muscle Shoals property without
further authorization from Congress. II
he agrees that this Is correct inter-
probation of the laws, 1t might eventu-
ate that Mr.. Hoover could find some
group that would relieve him OF this
prolific source Of contention Tor 10
years.
The Muscle Shoals Commission was
created at the suggestion of President
Hoover when he vetoed the Norris Dill
passed by the last Congress for Gov
eminent operation of the property.
The commission is composed OF rep
resentatives of the American Farm Blu
reau Federation, Army engineers ana
the War Department, together with
delegations from the states OF Alabama
and Tennessee. It was charged with the
duty of investigating the situation and
making recommendation to the Pres1-
dent as to the best means OF disposing
of the property.
The commission has called for and
received bids for the operation OF the
property although this was announced
as being only for the information Of the
commission, as 1t has no authority to
enter into contracts. Neither has It
any power to dispose of the property,
but If the conclusions reached by its
counsel are correct the President has
all the authority needed.
Basis Of Opinion.
The commissions legal advisers base
their opinion as to the Presidents au-
thority particularly on the national de-
Tense act of 1916 and the act of July 9,
1918, authorizing the President to sell
war supplies, including plants and fac
tories acquired after April 6, 1917, with
the exception of dam No. 2 at Muscle
Shoals. The Federal Power Commits
sion, it Is understood, has power to dis
pose of this dam under the Federal
water power act of 1920 provided the
War Department should choose to turn
over the dam to that commission.
combination OF all these acts of
Congress, it is declared, makes it pos
sible for the President to dispose of all
the Muscle Shoals property without fur
ther authorize ton from Congress Under
this construction of the law it is held
that any contract entered into by the
President on recommendation of the
Muscle Shoals Commission would not
be subject to. further legislation by Con-
greSs. 49,
All Of which, If carried into execu-
ton, would be a serious blow to- the adj
vocates of Government operation of
public utilities. but would remove from
the political arena one of the major
elements of the power issue" i
Copyright, 1912