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Notes of Decisions Sale to power companies.—The Govern-, ment was established is not involved in this ment, acting through its agency, the Tennes-case; nor is the question whether, for dissee Valley Authority, undertook to dispose of posing of the energy, the Government could electric energy generated at the Wilson Dam acquire or operate local or urban distribuby sale to a power company, by interchange tion systems. The Court expresses of energy with the company, and by pur- opinion as to such questions, nor as to the chase from the company of certain transmis- status of any other dam or power developsion lines leading from the dam and provid- ment in the Tennessee Valley, whether coning the means of distributing such energy to nected with or apart from the Wilson Dam, a large population within fifty miles. The nor as to the validity of the Tennessee Valley power company bad theretofore been buying Authority Act or of the claims made in the energy from the Government at the dam, pronouncements and program of that Auand was apparently the only customer to thority, apart from the questions discussed whom it could be sold there. The purchase in relation to the particular provisions of of the lines was to enable the Government the contract above mentioned attecting the to seek a wider market. , Held:
Power Company. Ashwander v. Tennessee (1) That there was no basis for concluding Valley Authority (1936), 297 U. S. 288; that the contract exceeded the federal power affirming (1935) 78 F. (20) 578, which reto dispose of property and invaded rights re- versed (D. C., 1934) 8 F. Supp. 893. served to the State or to the people.
The government, 'in selling electricity cre(2) The power company had no constituated at dams lawfully erected within the tional right to insist that the energy should federal power by Tennessee Valley Authority, be sold to it at the dam or go to waste. is not entering into private business but is
The decision on the constitutional ques- merely using an appropriate method of distion is strictly limited to the right of the posing of its "property" and conducting a Government to dispose of the energy itself-legitimate "federal function,” and creation of which is simply the mechanical energy, inci. Authority as a continuing agency to carry dental to falling water at this dam, converted out that disposition was appropriate, since into electric energy, susceptible of trans- disposition is continuous and constant. mission--and the right to acquire these Tennessee Valley Authority Act of 1933, as transmission lines as a facility for disposing amended, 16 U. S. C. A., sec. 831, et seq. ; of that energy. The Government rightly Const. art. 4, sec. 3. Tennessee Electric conceded at the bar that it was without con- Power Co.' 0. Tennessee Valley Authority stitutional authority to acquire or dispose (D. C. 1938), 21 F. Supp. 947. of electric energy except as it comes into Sale to municipalities.---The Tennessee being in the operation of works constructed Valley Authority, an agency of the United in the exercise of some power delegated to States, had authority to dispose of its electhe United States. The question whether it tric energy to city operating municipal light might constitutionally use the energy gener- and power plant. Memphis Power & Light ated at Wilson Dam in carrying on mapu- Co. v. City of Memphis (Tenn., 1937), 112 facturing or commercial enterprises not re- S. W. (20) 817. lated to the purposes for wbich the Govern
1888. Tennessee Valley Authority; condemnation of lands.-In order to enable and empower the Secretary of War, the Secretary of the Interior, or the board to carry out the authority hereby conferred, in the most economical and efficient manner, he or it is hereby authorized and empowered in the exercise of the powers of national defense in aid of navigation, and in the control of the flood waters of the Tennessee and Mississippi Rivers, constituting channels of interstate commerce, to exercise the right of eminent domain for all purposes of this. Act, and to condemn all lands, easements, rights of way, and other area necessary in order to obtain a site for said Cove Creek Dam, and the flowage rights for the reservoir of water above said dam, and to negotiate and conclude contracts with States, counties, municipalities, and all State agencies and with railroads, railroad corporations, common carriers, and all public utility commissions and any other person, firm, or corporation, for the relocation of railroad tracks, highways, highway bridges, mills, ferries, electric-light plants, and any and all other properties, enterprises and projects whose removal may be necessary in order to carry out the provisions of this Act
Sec. 18, act of May 18, 1933 (48 Stat. 67); 16 U. 8. O. 8319.
1889. Tennessee Valley Authority plants; requisition by Government in time of war.—The Government of the United States hereby reserves the right, in case of war or national emergency declared by Congress, to take possession of all or any part of the property described or referred to in this Act for the purpose of manufacturing explosives or for other war purposes; but if this right is exercised by the Government it shall pay the reasonable and fair damages that may be suffered by any party whose contract for the purchase of electric power or fixed nitrogen or fetilizer ingredients is hereby violated, after the amount of the damages has been fixed by the United States Court of Claims in proceedings instituted and conducted for that purpose under rules prescribed by the court. Sec. 20, act of May 18, 1933 (48 Stat. 68); 16 U. S. C. 8318.
1890. Bonneville project.--That for the purpose of improving navigation on the Columbia River, and for other purposes incidental thereto, the dam, locks, power plant, and appurtenant works pow under construction at Bonneville, Oregon, and North Bonneville, Washington (hereinafter called Bonneville proj. ect), shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of this Act relating to the powers and duties of the Bonneville power administrator provided for in section 2 (a) (hereinafter called the administrator) respecting the transmission and sale of electric energy generated at said project. The Secretary of War shall provide, construct, operate, maintain, and improve at Bonneville project such machinery, equipment, and facilities for the generation of electric energy as the administrator may deem necessary to develop such electric energy as rapidly as markets may be found therefor. The electric energy thus generated and not required for the operation of the dam and locks at such project and the navigation facilities employed in connection therewith shall be delivered to the administrator for disposition as provided in this Act. Sec. 1, act of Aug. 20, 1937 (50 Stat. 731); 16 U. S. C. 832.
The electric energy generated in the operation of the said Bonneville project shall be disposed of by the said administrator as hereinafter provided. The administrator shall be appointed by the Secretary of the Interior; shall be responsible to said Secretary of the Interior; shall receive a salary at the rate of $10,000 per year; and shall maintain his principal office at a place selected by him in the vicinity of the Bonneville project. The administrator shall, as hereinafter provided, make all arrangements for the sale and disposition of electric energy generated at Bonneville project not required for the operation of the dam and locks at such project and the navigation facilities employed in connection there with. He shall act in consultation with an advisory board composed of a representative designated by the Secretary of War, a representative designated by the Secretary of the Interior, a representative designated by the Federal Power Commission, and a representative designated by the Secretary of Agriculture. The form of administration herein established for the Bonneville project is intended to be provisional pending the establishment of a permanent administration for Bonneville and other projects in the Columbia River Basin. The Secretary of W shall install and maintain additional machinery, equipment, and facilities for the generation of electric energy at the Bonneville project when in the judgment of the administrator such additional generating facilities are desirable to meet actual or potential market requirements for such electric energy. The Secretary of War shall schedule the operations of the several electrical generating units and appurtenant equipment of the Bonneville project in accordance with the requirements of the administrator. The Secretary of War shall provide and maintain for the use of the administrator at said Bonneville project adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the administrator for proper reception, handling, and dispatching of the electric energy produced at the said project, together with transformers and other equipment required by the administrator for the transmission of such energy from that place at suitable voltage to the markets 'which the administrator desires to serve. Sec. 2 (a), act of Aug. 20, 1937 (50 Stat. 732); 16 U. 8. O. 832a.
Notwithstanding any other provision of law, all purchases and contracts made by the administrator or the Secretary of War for supplies or for services except for personal services shall be made after advertising, in such manner and at such times, sufficiently in advance of opening bids, as the administrator or Secretary of War, as the case may be, shall determine to be adequate to insure notice and opportunity for competition. Such advertisement shall not be required, however, when (1) an emergency requires immediate delivery of the supplies or performance of the services; or (2) repair parts, accessories, supplemental equipment, or services are required for supplies or services previously furnished or contracted for; or (3) the aggregate amount involved in any purchase of supplies or procurement of services does not exceed $500; in which cases such purchases of supplies or procurement of services may be made in the open market in the manner common among businessmen. In comparing bids and in making awards the administrator or the Secretary of War, as the case may be, may consider such factors as relative quality and adaptability of supplies or services, the bidder's financial responsibility, skill, experience, record of integrity in dealing, and ability to furnish repairs and maintenance services, the time of delivery or performance offered, and whether the bidder has complied with the specifications. Sec. 8, act of Aug. 20, 1937 (50 Stat. 735); 16 U. S. C. 832y.
The administrator, the Secretary of War, and the Federal Power Commission, respectively, shall appoint such attorneys, engineers, and other experts as may be necessary for carrying out the functions entrusted to them under this Act, without regard to the provisions of the civil-service laws, and shall fix the compensation of each of such attorneys, engineers, and other experts at not to exceed $7,500 per annum; and they may, subject to the civil-service laws, appoint such other officers and employees as may be necessary to carry out such functions and fix their salaries in accordance with the Classification Act of 1923, as amended. Sec. 10, act of Aug. 20, 1937 (50 Stat. 736); 16 U. S. C. 832i.
1891. Fort Peck project.—That for the purpose of improving navigation on the Missouri River, and for other purposes incidental thereto, the dam and appurtenant works now under construction at Fort Peck, Montana, and a suitable power plant for the production of hydroelectric power (which dam, power plant, and appurtenant works are hereinafter called Fort Peck project), shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of this Act relating to the powers and duties of the Bureau of Reclamation (hereinafter called the Bureau), as provided for in section 2 (a), respecting the transmission and sale of electric energy generated at said project. The Secretary of War shall provide, construct, operate, maintain, and improve at Fort Peck project such machinery, equipment, and facilities for the generation of electric energy as the Bureau may deem necessary to develop such electric energy as rapidly as markets may be found therefor. The electric energy thus generated and not required for the operation of the dam at such project and the navigation facilities employed in connection therewith shall be delivered to the Bureau for disposition as provided in this Act. Sec. 1, act of May 18, 1938 (52 Stat. 403); 16 U. 8. C. 833.
1892. For text of this section as published in the 1929 Edition, see 1877, ante.
Statutes at Large:
Revised Statutes Continued. Publication, 1900.
Supplement of 1891 : Distribution, 1901.
Publication and legal effect, 1913. Legal etrect, 1903.
The Code of Laws of the United States : Little & Brown edition, 1904,
Scope, 1914. Revised Statutes :
Legal effect, 1915. First edition :
Criticism invited, 1916. Scope, 1905.
Supplements, 1917. Effect on laws enacted prior to De- Legal effect of supplements, 1918. cember 1, 1873, 1906.
Army promotion act, continuation and repeal Effect on laws enacted after Decem. of prior laws, 1919. ber 1, 1873, 1907.
National Defense Act: Title designations not to influence leg- Prior laws continued in force, 1920. islative construction, 1908.
Prior laws repealed, 1921. Publication, 1909.
Pay Readjustment Act : Definition of terms, 1910.
Date effective and repeal of prior laws, 1922. Legal effect, 1911.
State Statutes : Edition of 1878 :
Procurement by Secretary of State, 1923. Publication and legal effect, 1912.
Biennial index, 1924. 1900. Statutes at Large; publication. That the Secretary of State shall cause to be compiled, edited, indexed, and published, the United States Statutes at Large, which shall contain all the laws and concurrent resolutions enacted during each regular session of Congress ; all treaties to which the United States is a party that have been proclaimed since the date of the adjournment of the regular session of Congress next preceding; all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, since that date; all proclamations by the President in the numbered series issued since that date; and also any amendments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that date, together with the certificate of the Secretary of State issued in compliance with the provision coutained in section 205 of the Revised Statutes of the United States (U. S. C., title 5, sec. 160). In the event of an extra session of Congress, the Secretary of State shall cause all the laws and concurrent resolutions enacted during said extra session to be consolidated with, and published as part of, the contents of the volume for the next regular session.
Sec. 73, act of Jan, 12, 1895 (28 Stat. 615); sec. 9, Title VI, act of June 20, 1936 (49 Stat. 1551); scc. 1, act of June 16, 1938 (52 Stat. 760); 44 U. S. C. 196.
The “Scott and Beaman Index” to Federal statutes has been revised and extended to include the acts of the Seventieth Congress, in accordance with section 1, act of March 3, 1927 (44 Stat. 1401), as amended by act of June 14, 1930 (46 Stat. 585).
1901. Statutes at Large; distribution. The Public Printer shall print, and after the final adjournment of each regular session of Congress, bind and deliver to the Superintendent of Documents as many copies of the Statutes at Large as may be required for distribution as follows; • To the War Department,