Evening star., 1935-07-20
|CKES SEES POWER
FIGHT COLLISION
Concentrated Attack on
P. w. A. Projects Charged
by Secretary.

Armed with what he termed docu
mentary evidence o. collusion. Secre-
tary Ickes plunged into the power
fight today with charge that pri-
vate utility companies are making a
concentrated attack" on municipal
power projects financed by P. W. A.
money. He declared some central
source" is responsible for % widely
separated legal attempts to frustrate
the Governments power program.
Ickes is prepared to go before the
special House committee investigating
the power lobby to furnish evidence
gathered by his legal department If
called on, it was said at P. w. A
In his public charge. he did not dis
close the source from which, he
charges, the suits emanated, but it
was understood he is prepared to do
so when the time comes.
The P. W. A. chiefs charge was
| based on a review of the widespread
litigation by Henry T. Hunt, his gen.
eral counsel.
Ickes' move today was the latest
development in the struggle being
waged over the power issue.
"In virtually each of the % cases."
he declared, "the legal language of
legal documents presented against the
municipal power projects is similar
insofar as questions of constitution
ality are concerned"
I'm some instances" he said, "it is
identical"
Similarity Of Language.
General Counsel Hunt said SINH
larity of language indicated the utili-
ties arguments were drafted on forms
or instructions emanating from some
central source"
OF the % bills filed attacking the
constitutionality of the P. W. A. power
program. 18 were in Federal courts
and in State courts. The Govern
ment has won nine suits, Hunt re-
ported, and three have been won by
the utility companies. Nine motions
to dismiss are pending and in one case,
at Middleboro, KY. the Kentucky
Court of Appeals allowed an injunc-
ton on the ground that the bond
ordinance was subject to referendum.
Some Of the suits are obviously
brought for delay" said Hunt, citing
litigation backed by the Oklahoma
Utilities Co. against the proposed
Hominy, Okla, power plant. After
losing in the State District Court,
he said the company appealed to the
State Supreme Court.
Instead of perfecting its appeal"
Hunt added. "the company then
brought suit in the District of Colum-
bia Supreme Court. where it lost. The
death of a justice of the Court of
Appeals has delayed final disposition" +"
Hunt reported that the total num-
Der of P. w. A. loans and grants to
finance competitive municipal facili-
ties is 81, Thus it appears, he said,
that all such projects have been at
tackled by the utility companies ex-
cept nine.
Claims Of Attackers.
He reported that the attack of util-
ity companies was made on the ground
the Constitution does not confer power
on Congress to appropriate national
funds to finance such local and COM
petitive facilities, and "its power to
select projects for financing vested in
the President is an unconstitutional
delegation of legislative power" Un-
lawful departures by the administra-
tor from the provisions of the recovery
act also are charged.
Hunt said that the Government had
won dismissals of injunctions in Al
legan, Mich; Burlington, Kans.; Cali
fornia, Mo-; Kennett, Mo-; Independ-
snce, Kans.; La Platte, Mo-; Trenton,
Mo-; Plainview, Tex, and Hominy,
Okla.
The private companies have sue
ceeded in blocking projects thus far
in Concordia, Mo-; Greenwood County,
S. c., and Occur d'Alene, Idaho.