Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1936-03-05
CONGRESS LOOKS AHEAD
LIMITED iva VICTORY
BIG QUESTION AHEAD
THE SHIPPING SUBSIDY
SOCIAL SECURITY CHECKS
MONEY FOR WAR
CONCERNING INITIATION
ROOSEVELTS ATTITUDE

CONCERNING INITIATION
ROOSEvELTS ATTITUDE
Encouraged by the progress of the
agricultural adjustment bill, congress
sional leaders believe that it is now
possible to wind up the session early
in May. The decision of the Supreme
Court on the IVA saved Congress d
lot of time as an adverse decision
would have been followed by heavy
oratory and possibly the necessity for
new legislation to deal with the devel-
opment.
The neutrality debate threatened 10
delay matters in the Senate, although
House action was quickly secured I'M
der a so-called gag rule, limiting de-
bate to twenty minutes to each side4
A renewed effort on the part of a
group of senators headed by Senator
Nye, to put real teeth in the resolu-
ton to empower the President to en-
barge materials of war, as we'll as
arms and ammunition, might revive
this issue and force the writing of per-
manent legislation az this session. This
would require many days and invite
a prolonged flibuster on the part of
those who oppose even the simple ex-
tension of existing Law which was sent
to the President last week.
Otherwise, Congress must pass a tax
bill, an appropriation for work reliet
and the regular departmental supply
bills, but these should not present real
obstacles to an early adjournment.
The opinion OF the Supreme Court
in the IVA does not apparently dis
pose of some constitutional questions
involved in other cases that attack the
right of the Federal Government to
provide funds to municipalities and
other political subdivisions for the
erection of competing electric, gas or
other utility systems. There are a hun
dred or more PWA cases pending il
the courts that bring up this question.
They involve about 81, 100000, 900 of
power construction projects, most OF
them linked with irrigation, naviga-
ton, flood control, and erosion pro-
grams. Two of the cases have reached
Circuit Courts of Appeal but there is
no indication as to when they will
reach the Supreme Court.
In its majority opinion on the IVA,
the Court rendered no decision in on
nection with any other dam or power
development in the Tennessee Valley.
1t did not pass o n the validity of the
act creating the Tennessee Valley Au-
thority or make any pronouncement
on the broad program now underway
in that area. The Court decided that
the Wilson dam at Muscle Shoals was
constitutionally constructed, and that
the purchase of transmission lines to
carry surplus power to a market was
valid.
Arguing the case before the Court,
the iva attorneys narrowed the
whole case to whether Congress may
construct dams to control navigation
and floods for the national defense,
and whether it may contract for pri-
vately owned transmission facilities to
carry the surplus power to market.
The Courts decision was restricted to
this narrow basis. The Governments
strategy excluded evidence that the
conception and practice of IVA was
far more than an agency to dispose OF
the surplus energy created during the
process of regulating navigation and
preparing for war.
While no explanation was expected
for the 59-day deliberation of the
Court-longer than that required to
decide any New Deal case-it appears
to have been caused by the attitude OF
four Justices who took the position
that the plaintiffs, having 10 case, had
no proper standing in Court and their
action should have been dismissed. On
the decision itself, the vote Of the
Court was eight to n with Justice
McReynolds, dissenting, holding that
the purpose of the IVA must be
Judged on all available facts. On this
basis he found the entire scheme un-
constitutional.
On the heels of the victory, the Ad-
ministration is preparing to set up adj
ditional power authorities to market
the electricity produced from Federal
dams in three widely separated sec
tons Of the country. A Mississippi
Valley authority would include parts
of Ohio, Indiana, Kentucky, Illinois
and perhaps Mississippi, securing
power from the Mississippi and Ohio
rivers. Texas and Louisiana would bt
electrified" by a Red River authority