The Washington times., 1936-02-18
NAVIGABIL|TY
OF STREAMS
IS BASE
PassamaquoddyO One Of
Developments Left
In Doubt
BY WILLIAM s. NEAL
International News Service

International News Service
While the Administration today
acclaimed the Supreme Courts
8to-1 iva decision as a major vic
tory, high officials construed the
opinion to carry q watch your
step" warning in development OF
far-flung power schemes.
The Court unmistakably placed
the stamp Of constitutionality on
plans to build transmission lines
and sell to cities hydroelectric
power developed at wilson Dam
at Muscle Shoals. Ala.
The majority opinion, read by
Chief Justice Charles Evans
Hughes, also carried the intima-
tion that other IVA projects on
the Tennessee River are valid If
Improvement Of navigation were
the dominating motive behind the
legislation.
Straight Power Projects Doubtful
Congressional lawyers construed
t11E decision 10 ucdu.
/. Permits iva to proceed
with its vast development on
Tennessee River and tributaries,
at an estimated past and future
cost of $50 to 500 million dol
lars, subject to possible restric-
ton in future decisions.
2. Forecasts court decisions
upholding other Roosevelt Ad'
ministration power projects
costing hundreds Of millions Of
dollars, such as Platte River
and Casper-Alcova projects in
Nebraska and Wyoming, esti-
mated to cost 100 million dol
lars.
8. Leaves in doubt constitu-
tionality of such outright power
projects as the PaSsamaquoddy,
Me-, undertaking in which tide
waters are to be harneSSed.
4. Indicates that the Federal
government cannot set up
steam plants to manufacture
electricity, cannot set up a
hydroelectric project on q mere
pretext Of improving navigation,
and cannot build factories to
consume power produced by
iva.
The iva case before the high
court was believed to be the
strongest that possibly. could be
brought from the Administrations
viewpoint.
Hinged on Navigation
It involved wilson Dam at
Muscle Shoals. first authorized in
1915 as a national defense meas
ure to provide for manufacture
of nitrates, with navigation as a
secondary reason.
The high court found that the
dam was the kind recommended
by engineers to provide a nine
foot channel on the Tennessee
River The question then was
whether the Government, produc-
ing huge amounts of electric
power as a by-product, should
permit it to go to waste. OF
this. Chief Justice Hughes said:
"We find nothing in the Con-
stitutiOn which imposes such o
limitation"
Having held that surplus power
could be sold, the high court then
said that the Government had the
right to build its own transmits
sion lines to find a market.
McReynOlds Dissents
In addition to Wilson Dam,
iva has under construction
Wheeler Dam, cost $4,000 900;
Norris, $50 6,OO0, 900: Pickwick Land
ing, $26, 900, 600: Guntersville, $29..
400, 600; Chickamauga, $31 SOC, 900.
The whole scheme admittedly
can furnish electricity to at least
one-Sixth of the population of the
United States.
Justice James e. McReynolds,
the lone diSsenter, maintained
that navigation was q pretext and
the the real purpose Of the RooSe-
welt administration was to engage
on a huge power program. Many
Administration SpokeSmen have
publicly made the same statement.