The Western news. [volume] (Libby, Mont.) 1933-current, 1946-05-16


A recent Department of the Inter
ior bulletin states, a new canal in
southeastern Washington will soon
be under construction, which will
tap the equalizing reservoir OF
Grand Coulee Dam to provide the
water for irrigation and transform
hundreds of thousands Of acres of
sage brush lands into highly pro-
ductive farms" It further adds. the
goal is to construct irrigation facili-
ties for 100000 acres of Columbia
Basin by 195o-5i.
The bulletin goes on to rhapsodize
about the benefits the Bureau of
Reclamation will bring U. S. Citi-
zens through this development. On
the face of the plan, it would seem
very fine; and were those thouS-
ands of acres in farm production
right now, they might help greatly
in feeding the world The people
who are starving now will by 1851,
have been saved from famine or
have died, and the United States
will in all probability be faced again
with an over production of food
stuffs as it was in the '30S Thus
when the reclaimed land begins pro-
duction it will only help to add sur
plusses to an already glutted Foods
market.
The Bulletin concludes by casually
mentioning that the Columbia Basin
Project will involve an expenditure
of S40,000000 by the end Of the
1947 fiscal year.
We wonder how many of our
readers take time off these bright,
crisp spring mornings to stop a
moment and listen to the CHEEKY call
of our state bird, the meadowlark?
Throughout the writer's life, the
jolly notes of this yellow-breasted
friend have come to our ears as
a pleasing harbinger of spring and
cool, green meadows. Long may
his voice be heard in the land
The following clipped from The
Industrial News Review, published
in Portland, Ore. by E. Hofer &
Sons, will prove of interest to many
readers Of this column.
It has remained for United States
District Judge Claude McColloch, of
Oregon, to call attention to the dan
ger inherent in government by dir
hxf
courts. His opinion was contained
in u written decision issuing injunet
ons in five legal cases against meat
markets and packing Gamers to
carry out the orders issued by the
OPA.
Judge McColloch pointed out that
the equities should be open to in
quiry in every case, but the regu-
Iation itself cannot be assailed in
this proceeding. Section 204 I'D
of the price control act prohibits
that It compels the courts to treat
a regulation as valid, even though
they know il to be invalid.
Assuming, therefore. as Congress
has commanded. that the regulation
is valid, must an equity court issue
an Injunction, even though it IS
clear that future violations are bound
to occur, regardless of the good faith
and earnest efforts of the defendants
to avoid violations? In other times,
I would have thought there could
be but one answer to this question
but the decisions in this circuit have
SO completely shorn the district judi
ges of discretion in OPA cases
though it is known at the time of
issuance that non-Willful violations
are bound to occur.
This is a strange situation, pre-
Viously unknown to our law, and 1t
could not arise except for the wise
that Section 204 (d) puts on the
courts, coupled with the appellate
decisions-which take away the dis
cretionary powers normally allow
able to trial courts.
Because l have no choice, / will
therefore issue the requested in
functions, expressly reserving, how
ever the question of their enforce
ability, for / am yet to be persuaded
that an equity court can punish con-
duct that contains no ingredient of
evil"
Among other things, Judge Nc
Colloch expressed the opinion that
this would be an excellent case ito
take to the United States Supreme
Court to find out whether the courts
have become mere rubber stamps
for executive action It should be
plain that the result of this pincer
is to destroy the jud Lial character
If The cn11rts. n 1nnH..e them rn.nnn