davidaulloa/AmericanStories huggingface dataset:
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18
u. S. Senate Hearings In Helena Reveal
SD 2548 WOULD ACCOMPLISH MAJOR AIMS
OF CONTROVERSIAL D'EWART BILL

than 100 interested people Lively
testimony marked the appearances
of proponents and opponents. Nine
people were scheduled to testify in
the time allotted by the committee,
but because testimony was concise
and to the point, Fl were able to be
heard.
Spokesman for cattlemens asso-
Citations, sheepgrowers' associations,
the Farm Bureau, were among those
who testified in favor of legislation
as set up in SB 2548.
Sportsmen, labor unions, small
operators and the Montana Farmers
Union were among those who testi-
led against the proposed legislation.
Jack Bremen, state senator from
Beaverhead county expressed the
concensus of opinion of the propon-
ents when he said: "SB 2548 will
create a great deal of good feeling
between the government and the
stockmen by establishing standing
within the law Cattlemen favor the
bill for that reason :. We want the
opportunity to improve our property.
Our only chance for expansion is
to produce more on what we have.
This bill cannot be considered a
privilege in any sense. | cannot
see this bill encourages monopoly"
Small ranchers such as Ronald
Marshall of Lolo seem to fear the
concentration of power in distant
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18

at all but are sales of an integral
under the 1858 law are not leases
part of state school lands.
DERIVES LAND BOARD OF
AUTHORITY
The legislature in setting up ma
chinery for the sale of school oil
lands, in effect "seeks to deprive the
State Board of Land Commissioners
of any power to lease oil and gas in
terest in school land" This, says the
Attorney General, is a violation of
Article XII, Section A of the State
Constitution which provides that the
power to lease is expressly granted
to the Board by the Constitution land
may not be revoked by act of the Leg
islature."
The Attorney Generals brief con-
tinues, 'The Legislature may make
rules and regulations governing the
control and management of the trust,
but it cannot, in the guise of a regu-
lation divest the Board of it's con-
stitutional power to control and man
age the state lands"
Recalling that this act was pass
ed for the purpose of Encouraging
the oil industry to develop the state
lands -, Olsen called to the courts
attention that neither the IegisIa-
ture, nor the state land board act
ing as trustee of these school trust
lands, are permitted to gamble with
the future returns off such lands.
For all of the legislative contention
that eventual receipts would be
greater if perpetual oil leases were
the Attorney General point
ed out that under the State Con-
Stitution 'the trustee may not give
away portion of the corpus of the
rust upon the theory that such be-
leficence will, in the long run, be
beneficial to the trust -
'It is implicit in the nature of the
rust" says the brief, "and in the
constituting the nature of
hat trust, that the Legislature may
lot so regulate and restrict the Board
n carrying out their duties that they
re unable to secure the largest meas $
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18
REA CONVENTION TO
HAVE MANY TOP NOTCH
SPEAKERS PRESENT

Men of such widely divergent views
on power as James G. Patton, presi-
dent National Farmers Union, and ].
E. Corette, president, Montana Pow
er Company, are listed on the pro-
gram for speeches before the annual
convention of Montana State Associa-
ton of Rural Electric Co-operatives.
in Billings, October and 7.
Other well-known citizens who will
speak to convention delegates include
Sen. James E. Murray, Clyde Ellis,
executive manager of National Rural
Electric Coop Association; DR.. R. R.
Renne, president, Montana State Col
lege; Roy G. Zook, acting assistant
of REA Washington:
State Senator Charles Mahoney, Jor-
dan, and Eric Johnson, president, and
Gus Norwood, executive secretary.
Northwest Public Power Association.
1t is anticipated that the conven-
ton will draw delegates from 26 Mon
lana rural electric co-operatives, and
II regional organizations.
Following the state organization
convention, delegates from the six
states and Alaska comprising Region
of the national association of rural
electric co-ops, will hold a two-day
Meeting, October 8 and 8, at Billings.
George Lackman, Billings, is presi-
lent of the Montana association, and
'egional executive committeeman in
charge of directing the regional meet
ng. Bob Gatiss, Kalispell, is secretary
If the state organization.
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18

The project would be in four parts
with the main earthfill dam 270 feet
high, $3.50 feet long and with a crest
height of 2,715 feet above sea level.
Just downstream on the right bank
will be the powerhouse with eight
1000 KW'units for an initial install
lation of $4,000 XIV but with pro-
vision for six additional units for an
ultimate installation of 100000
XIV. The project is rated at $4,000
XIV of nominal, prime power. Down
stream from the powerhouse will be
the concrete spillway and an earth
fill saddle dam. Estimated cost of the
project at January 1913 prices was
$265, 900 of which some $50 mil
lion would go for railroad relocation
The ratio of benefits to costs
is LII to 10 which is quite favor
able when compared with Libby
1.95, Nez Perez 1.35, Springston
1872, Hells Canyon 1.31, The Dali
les 1.25, Priest Rapids 1.22 and
John Day 1.21.
The drainage basin above the dam
$4,000 square miles. 1t had |
a maximum record discharge of 21,-
100000 acre feet of water in 1928, |
Continued on Page Two)
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18

ure of legitimate advantage to the
beneficiary"
Because the 1858 law means that
the oil resources of school lands are
no longer to be subject to lease, but,
are now to be sold, the Board is
put in the position of having to turn
over trust lands to oil operators for
less than their market value since
no machinery is provided for reap
praisal of the worth of lease at the
end of definite term of years. "This
new form of lease" says Olsen,
would require the Board to con-
vey away, absolutely, all the oil in
the land at a time when the very
existence of the oil may be unknown
to the State Board, although gen.
orally not unknown to the prospec-
tive lessee" This too is in violation
of the Constitution, under Article
XVII which Estates plainly that ev-
cry interest, before it is permanently
conveyed away, must be valued, and
that value paid or safely secured to
the State"
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18
CONSTITUTION SETS OUT
PROPER SALE PROCEDURE

Emphasizing again and again
that the 1858 law puts the land
board in the position of having to
dispose of school oil lands at less
than the market value, Olsen con-
tends that under the Constitution
neither the Legislature nor the
State Board of Land Commission
ers may convey any interest in
state lands having an admitted mar
ket value without securing that
market value for the beneficiary of
the trust upon which they held the
lands-public schools of the state.
e.. The lands themselves, or any
estate or interest therein, shall never
be disposed of except in pursuance of
general laws, and or full market val
ue," under Article XVII, Section 1.
g. The Legislature may pre-
cribe regulations and restrictions
upon the powers of the Board of
Land Commissioners ;" only with
in the framework of Article XVII.
at is plain from the language of
Continued on Page Two)
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18
BY GRETCHEN BILLINGS

Senate Bill 254S would accom-
Plish the same ends sought by the
highly controversial D'Ewart graz
ing bill, a stockman at the Senate
Agriculture and Forestry Commit
tee hearings in Helena yesterday,
stated. The stockman, Dan Fulton
of lsmay, a past chairman of the
Montana State Association of
Grazing Districts, who, altho he
doesn't use public lands, said he
was a student of conservation
practices. Fulton said "SB 254S
is fundamentally the same as the
D'Ewart bill HR 4023," and he be-
lieves it would encourage con-
servation."
Fulton, in testifying in support of
SD 2548, also took exception to in
ferences made by earlier witnesses
before the Senate committee that
Rep. D'Ewart was pressured into
HR 1929 by "outside"
interests. He insisted the original
D'Ewart bill was born in stockgrow-
ers' circles and that the whole thing
came from Montana.
The Senate committee which took
testimony from Mr. Fulton and other
was composed of Senator
Aiken (R., Vermont), chairman, and
Senator's Young (R., MD, Thye (R.,
Ninn.) and Johnston 3D., SO. Carr.
The hearings were attended by more
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18
STORAGE ON Tine
CLARK FORK

The Bureau of Reclamation has
recommended reconsideration of
Paradise Dam and Glacier View
Dam as desirable projects for pow
er and flood control of the Clark
Fork.
This Is page report of Febru-
airy 1853 is entitled, Especial Re-
port on Multiple-Purpose Storage
Possibilities Clark Fork River Ba-
SIM" and was issued by Mr.. Harold
Nelson, Regional Director at Boise.
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18

ton Will be the loser.
BUFFALO RAPIDS DAM
On July 20, 1858 the Montana
Power Company applied to the Fed
eral Power Commission for a pre-
liminary permit to construct a go
foot $4,000 kilowatt dam at Buff
falo Rapids on the Flathead River
four miles below Kerr Dam.
Unfortunately Buffalo Rapids is
located so feet under the reservoir
surface of the Army's proposed Para
disc Dam. The Buffalo Rapids Dam
would skim-off the upper 60 feet of
the Paradise Dam reservoir, reduce
its disable storage from 4,080,0O0
acre feet to 100000, and render
Paradise Dam unfeasible.
So here is another case of pri-
vate power corporation wanting to
build a small dam in the bottom of
large reservoir project. The issue
in the Buffalo Rapids Dam versus
Paradise Dam is the same as in the
battle of the Kettle Falls Dam ver-
sus Grand Coulee DAM 1t is the
same issue involved in the Oxbow
Dam versus Hells Canyon Dam.
THE PARADISE DAM
The Corps of Engineers has made
extensive studies of the Paradise
Dam site. The foundations have been
core drilled, the alternate sites have |
been studied and discarded, and con-
work has been done on prep
aration of plans an cost estimates.
The Army's Paradise Dam would
be located two miles downstream
from Paradise, Montana, IL miles
above Plains, Montana, and IA miles
west of Missoula. The dam would be
located on the Clark Fork four miles
below the point at which the Flathead
River flows into the Clark Fork. The
reservoir would be 2,700 feet above
sea level which is identical with the
,ailwater elevation of Kerr Dam. The
huge reservoir would extend up the
Clark Fork 40 miles and up the Flat
lead River ~ miles.
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18
olsen Appeals For Voidine Lease
Law On Four Major Points

The 1858 school oil land leasing law Sub. lib 49, should
be declared unconstitutional for at least four major legal
Attorney General Arnold H. Olsen this
in brief submitted to the State Supreme Court.
The four
The perpetual lease
Enabling
gress
deprve Land of constitutional
3. XVII 1 of
by
sold otherwise disposed of.
The legislature exceeded in
referendum of
abling Act land the
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18

| Washington and would rather work
under present satisfactory relations
with the Forest Service officials on
the local level Marshall said, "SB
2548 is not necessary. Our rela-
tionship with the Forest Service is
very good. We like to deal with the
local people. They know the situa-
ton and we know. Small operators
do not have the financial means to
take this thing to court"
PUBLIC LANDS BELONG TO
ALL THE PEOPLE"
Chief Justice Hugh Adair of Mon
tana Supreme Court, speaking as a
citizen, insisted the bill protected
only the rights of the grazing inter
ests and left no way for any other
"aggrieved party to appeal for JUS
tice through the courts. "The pub
lie lands belong to all the people,"
said Adair, and to prove his point he
took the committee back through
history to the days of Spanish own
ership. Later in the hearings State
Rep. Dave Higgins of Cut Bank, took
the committee back a step further
and reminded them and the Judge
that before the Spanish conquest the
land belonged to the Indians.
Albert Root, speaking for the Mon
tana State Federation of Labor and
the Lumber & Sawmill Workers, OPP
posed SB 2548 because timber inter
Continued on Page Three)
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18
Montana Po1Uer Out To BLoc)
Proposed Paradise Dam

From The Pacific Northwest Public Power Bulletin =
Montanas best site will be developed if the
Montana Power Company has it's In that not only
Montana but the Pacific Northwest and indeed the entire
The people's voice. [volume] (Helena, Mont.) 1939-1969, 1953-09-18

The brief, prepared by Assistant
Attorney General William F. Duke
Crowley, is the appeal of the State
Land Board to the higher court from
adverse decisions by Lewis & Clark
District Court in the cases of Willis
B. Jones V. State Board of Land Com
missioners ct al, and Ford Johnson V.
State Board of Land Commissioners.
ACT DOES NOT CONFORM
WITH ENABLING ACT
In asserting the 1868 law is I'M
constitutional because it does not
conform with the Enabling Act, as
amended, Olsen and Crowley point
out that the new leasing law calls
for leases to be in effect as long
'as oil or gas in paying quantities
shall be produced" The Enabling Act
as amended by the 80th Congress,
however, states that leases "shall be
for term of years and on such con-
ditions as may be from time to time
provided" by the legislature.
The 1858 law in no way sets
term of years on the length of the
leases after the primary period of
10 years. Instead, leases under Sub.
House Bill 48 of 1858 Legislature
are entirely indefinite in length of
time they are to run. Further, the
Attorney General contends-with
many court decisions to back up his
contention the leases proposed
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1953-09-08
FREE HAND FOR INDUSTRY
ASKED in ATOM STUDY

lthls Kind. And n n exactly the
lpople Of the Kind e Henry Ford
and Walter Chrykler and others
that must be induced 30 help q
develop this problem"
Patents are an important way q
helping them. he said.
Or. Urxy said he thinks Ashe
development Of atomic energy Cor
peacetime purposes has been rath.
er slow In this eoantry." and ether
nations may beat us 10 Il.
IN has always been . little hls
surprising 10 me nat The Congress
Of the United states should have
passed such an obviously socialists
bin IS The Alomic EeneFgy Act Of
1876" he said.
Explaining this, Ne said. 81 be-.
iieve there are certain fields In
which Il IL quite necessary that the
government shah take over and
carry through certain develop.
ments. but ] DO rot believe that
. new industry-one where develop.
ments must be maGe--is the prop.
er type where this should be done. /"
A for the question Of security
or secrecy. Or. Trey remarked
that because our military SHIPS
are kept secret does not require
that the whole steel industry SHAH
ke run By the state"
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1953-09-08

CHICAGO N-Nohel Prize wln.
ner Harold e. Urey today urged
giving some stomie Henry Ford q
chance 10 create useful atomic
power for Americans.
Ne said atomic psgwer WIN come
sooner If free private enterprise
Is set loose 20 WORK upon 4. And
be said Il that happens he'd prob
ably inyest i'm a small company.
betting on lt 10 help speed along
TIE atomic age much LIKE Ford
and others did 10 create the auto
mobile age.
DR.. Urey. professor a ehemis.
Dry as TIE Insti.ute Of Nuclear
Studies In Chicago. worked n the
atomic project turing " war.
FIe told the American Cehmical
Society that he savoFs changing
the Atomic EDzrgy Act 10 re.
move the government monopoly. "
he said Industry ard inventors
should be allowed 10 patent their
own atomic invenlLons or develop
ments. and TIE government should
sell uraniam or other atomic fuels
as reasonable Govt.
Atomic energy does me no good
at al Gas q private elti1enl until
l can press q button on the side
Of the wall and seeure electric
light Il = price .nat n competitive
with ether sources % energy"
DR.. Urey declared We must think
of . new Industry "instead Of al.
ways thinking Of attaching the
atomic energy program onto the
tail Of another Industry"
"The sutomoble was not De.
veloped by the railroads or BY che
BIG electrical companies. II was
developed b. new. small industries
which have now grown 10 gigantic
sire.
III We had . government com.
mission back n 1900 or there.
abouts considering the develop.
ment Of the automobile industry,
they would of course have tried "a
set the railroads 10 felp them with
this problem, and no one would
have looked up Henry Ford or Wal.
amw ftkmwn4mm "a a a. ssars.fn "a
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1953-09-08
Moon Is Blue
Story
.OfYOungLove

A bright, sparkling comedy about
two men on TIE make for q mai.
den. has been fashioned from the
hls Broadway play, The Moon ia
blue. and win be even more en-.
gaging on the screen q the Mon
roe Theatre where Il win run.
Thursday, Friday, and Saturday,
than Il was en- The boards. The
Unlted Artists release which was
written By playwright Y. Hugh
Herbert and dlrested By otto Pre-
minger. tells IN Gplcy. witty. Say
dialogue. saucy Situations and ''un'
usual" charaesaElzstions. the stoFy
az : modern romance which be
Gins with q pickup atop the En-.
plrs state Building. and ends with
: proposal Of marriage 81 TIE same
site.
IN between the pickup and the
proposal there Is some unique,
frank talk and maneuvexing which
aay boy On ghe make and any sir
on the defense VII feeognire and
enjoy.
The girl vino causes Al the trou.
BE hing By BEING n the Empire
state bulldlnR at the wrong Cor
righs) time. Is played By an en-.
chanting newcomer 10 the screen.
Magic Mcnamara. Life Maya.
zine cover giEl who played IN TIE
New York and Chicago stage yer.
sions az the picture. The young ar.
chliaeg Who ID completely eaptivat.
e by this yOung modern miss. d
portrayed ~ I'm Hsl6sn. Ard the
middle aged r0ue who seems % be
equally eapaivatsd BY ne same
young LADY, Il played By ne past
master a. snava naan-abouet town.
navla Nsven. 0&hers IN To- east.
ell q whome give sNan6A per.
formancsB. lneiuds Ten Tuily. and
Dawn Addama
p. Huxh Herbert. an ed hand q
Ray, spaEAllne Dialogue. has never
been n setter err. and Otto Prem
myers alreraion mads AsrbeFt's
best even bette.
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1953-09-08
DISPUTE OVER POW
EXCHANGE IS LOOMING
~ no8mnv Q, TUcKhaAM

PANMuNJ0M IA fmll.seais
dlnpula ever tha exehansa Il wag
prisoners vas hmilding % today
Ths Communists accused the al.
les a. koiding baek eapaives and
ne Z. n. Command drafted q de,
mmmd fer the return "a Allied
poWa Il asserts ere ssla in Red
hands.
Whlie peiping radio asserted the
y. N. Command wlihheld asT Chi.
nesa and Koreans from repatria.
ten, Gen. Mark Ciark's headquar.
ters worked ever = list og Amer.
cans believed In Rec captivity.
ne names were eolleeted from
Interviews with returned prisoners.
from Communist breakfasts and
lists and from letters written BY
eapuves.
The U. N. list. after careful re.
checking. vii % handed 70 the
Communists with TIE demand that
The Reds either return OF account
Cor the missing Americans.
Allied spokesmen said the names
wili be announced In Washington,
but there mo Indication when. Nor
was the number disclosed.
pelping claimed q check Of pris.
oner lists showed the Allies held
bach 80 Koreans and II chinese
who wanted 10 return 10 their
homelands.
Both sides have assisted that al
p0Ws who wanted repatriation
were returned during the s3 days
d Operation Biz Switch. which
ended Sunday.
Meenwhile the eighth and last
trUop1hlp % return American prls.
onnFs sailed from Inchon with 81
ex.p0Ws Cor San Francisco.
nat lei only - American re
patriates II Korea. All were medl
cal eases scheduled for evaeuatior
/. shortly.
Other alllng P0ws we're en- routG
home by plane from Tokyo.
Meanwhile, the stage was beinl
SET for ne next phase of the armi
I stlee setting the fate of prisoner.
who have refused repatriation.
TIE u. n. Command began NOV
ING the first q nearly ~ 900 Com
munist P0Ws from camps In south
ern Korea 20 the demilitarlxed
zone.
At TIE rate cf about a.s00 Q day
the JOB Is scheduled for compile
ton By Sept. 10.
The Reds say they hold ahoul
300 Koreans and 20 non-Koreanl
/ who have refused repatriation.
The balky pows will be guarded
By Indian troopa uader the control
Of . five-nation repatriation com,
mission.
Fer 80 Gays. Allied and commu.
mist ofkIeers win be allowed 70 tain
with the P0Ws h an effort 10 COZ
vince them 10 return home.
Prisoners who sun halk a going
home WIN then be turned over Coz
30 days 10 the Korean political con.
ference.
II the conference fails 10 settle
their fate, The P0Ws win b. re-
leased.
Brig. Gen. Archelaus L. Hamb
len Jr., chief Of the u. n. groug
which VIII talk with the Allied
Pows. said be hoped al Evil De
eide 10 come back" but added I
was too early 10 make predictions
he said bis teams probably vii
start meeting with the Alice
P0Ws about Sept. 8.
The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1953-09-08

WASHINGTON w-Kenneth N.
Tuggle, -. q Barbourvllle. KY.
attorney. takes ne cath Of office
today as q member Of the Inter.
state Commerce Commission.
The Arizona post., 1953-09-04

good his father Harry he'd be elected
Sivean tells the about the who walked into his
Williams agency
Fast? I've got mid
be in Ajo M The answered: Il can't
it," "Why?" asked Jake The answered. What
do in Ao o'clock in the morning?"
Weiss who is building the office building NJ
Stone from the daily building the Joseph
Weiss the lyrics of "N1y Heart Chains
which hit in Hebrew circles He is the
JNF, hotel way back in
the '3Os
chief sOloist Chicago Tribune
sic Festival critics him
wait minute we've forgotten Mrs Joseph Weiss what about
her? Well she less than the Lehman of N
Lehman Y) written three
dealing with the handicapped acknowledgement in the field of
social consultan the
ona mental hygiene Geneva Switzerland during
the
The Arizona post., 1953-09-04
West Coast
Leader Passes

, Pinchus Karl, Los Angeles shoe
merchant and philanthropist died
in Los Angeles last month at the
age of II. He spent several recent
vacations here and is Well-knoWn
locally.
Coming to the US. in 1904, his
first business was as a shoemaker,
later he bought shoe store and
eventually expanded to become
one of the largest retail shoe
chains in the West, known as
Karls Shoe Stores.
One of his friends describes him
as an American before he came
to America, because of his regard
for the dignity of man and his
love of personal liberty. 1t was
expressed in his philanthrophies.
He was treasurer of the Los An
geles United Jewish Appeal heavy
financial supporter of the Jewish
Labor Committee and active in
Workmen's Circle.
Charles Kaller, local Karl'S Shoe
Store manager, spoke of the hui
mility of the man and lauded him
as a rare boss, one who delegated
responsibility and never interfer-
ed. Having known him thru the
years, Morris Wanger paid tribute
to KarPs counsel in the Jewish
Labor Committee and Workmen'S
Circle, whose conventions and dis
trict meetings he attended regu-
larly.
The Arizona post., 1953-09-04

The Arizona Post, 121 E. goth Street,
Box 1907, Tucson, Arizona. Telephone
S-S428. The paper is owned and 0per-
ated by ReAecca Staman RutZ. En-
tered as second class matter under
the act Of March 8, 1879. Subscriptions
automatically renewed unless notified
in writing prior to date Of expiration.
Subscription Rate: 81 per year, pay
able in advance.