Evening star., 1936-02-25
M|NTON EXPLAINS
DECISION MONT. VA.
Holds Water Power Clause
In Constitution Is Author
! ity for Projects.
Continued from Page Ba7.)


ing Wilson Dam: I'VE take judicial
notice of the international situation |
at the time the act of 1915 was
passed, and it cannot be successfully !
disputed that the Wilson Dam and |
It's auxiliary plants, including the |
hydro-electric power plant, are and
were intended to be adapted to the |
purposes Of national defense"
Quotes Chief Justice Marshall.
1.-THE act of 1915 also had IN view |
Improvements to navigation Com
merce includes navigation. All
America understands and has uni
formly understood said Chief JUS
tice Marshall, in Gibbons VS.. Ogden,
the word commerce to comprehend
navigation The power to regulate
Interstate commerce embraces the
power to keep the navigable rivers of
the United States free from obstruc-
tions to navigation and to remove
such obstacles when they exist"
THE Tennessee River is a navigable
stream, although there are obstruc-
tions at various points because of
shoals, reefs and rapids. The i'm
has been matter OF national concern
for over century, When in its
present condition the Tennessee River
is not adequately improved for COM
mercial navigation, and traffic is small,
we are not at liberty to conclude either
that the river is not susceptible of
development as an important water
way, or that Congress has not under
taken that development, or that con-
struction of the Wilson Dam was not
an appropriate means to accomplish
q legitimate end. The Wilson Dam
and its power plant must be taken to
have been constructed in the exercise
of the constitutional functions of the
Federal Government" The court hav-
ing determined the constitutional
right to build the dam, next consid-
cred the right to dispose of the elec-
trio energy generated at the dam.
The court said: THE Government ac-
quired full title to the dam site, with
all riparian rights. The power of
the falling water was an inevitable
incident of the construction of the
dam. That water power came into the
exclusive control Of the Federal Gov
eminent. The mechanical energy was
convertible into electric energy, and
the water power, the right to convert
1t into electric energy, and the elec-
trio energy thus produced, constitute
property belonging to the United
States"
Points to Authority.
Having <h,%
tric energy was the property of the
United States, the Chief Justice
pointed out provision OF the Con-
stitution which gave authority to
Congress to dispose of the property
OF the United states, and observed:
THAT the water power and the elec-
trio energy generated at the dam are
susceptible of disposition as property
belonging to the United States is well
established"
But, said the stockholders, "even
though it is Government property,
the Congress has authority to dis
pose OF this energy only to the extent
that it Is surplus, necessarily Gre
ated in making munitions of war, or
operating the works for navigation
purposes, and the balance must 20 to
waste" And these are the gentlemen
that shed crocodile tears over the
slaughter of little pigs!
The Chief Justice was not much
impressed with the argument, and
after saying: 1--WE find nothing in the
Constitution which imposes such a
limitation" he proceeded to reduce
the argument to an absurdity by his |
own pointed argument in answer and |
the citation of ample authority. |
Finally, the stockholders, as a last
resort, argued that even though the |
Government may sell its surplus it |
can only do 1t at the dam, knowing, of |
course, that tnelr corporation, the |
Alabama Power Co., was the only Gus |
toner capable of taking the power
at this point. To this the Chief JUS
tlce replied: 1--WE know of no con-
stitutional ground upon which the
Federal Government can be denied |
the right to seek WIDER market" ana |
ne sustained the power of the Gov
ernment to acquire the transmission
lines for the transmission of the elec-
tric current to the market.
Surplus May Be Sold.
In short, the opinion holds that
under the war powers and commerce
clause of the Constitution, Congress
may build these great dams in the
navigable streams of the country. That
the water power thus created may be
converted into electricity instead of
permitting it to go to waste, and when
the electricity is generated it is the
property of the United States. That
any surplus energy thus generated
may be sold by the Government and
in order to enable the Government to
market the surplus the Government
may acquire the transmission facilities
for the purpose of conveying the sur
plus to the market. This is ample
authority to sustain all the power
projects under construction at this
time, although there are other con-
stitutional powers that might be called
on in aid Of the powers mentioned by
the court in the T. v. A. opinion.
The average citizen asks, How does
this affect me2" First, it will help
bring down the cost of electricity to
the consumer. The average cost of
kilowatt hour Of electricity, outside
the T. v. A. area, is ST. cents per
kilowatt hour, while it is only 81
cents In the T. v. A.. area. Second,
Hood waters will be controlled and
the devastating effect thereof lessened
and the soil coycorrad srt,;rd %re1.