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Vital Question of State's Rights
At Stake in Cowlitz Controversy
Olympia !U.R; A vital ques
tion of state's rights appeared
to be at stake in the Cowlitz
river dams controversy, although
the fish-versus-kilowatts strug
gle has been more prominent in
the legal arguments of the dis
pute. The state's rights question is
whether a subordinate subsi
diary of state government, such
as the city of Tacoma, has au
thority to condemn state prop
erty outside the city's bound
aries. Authority Claimed
That is what the city would
have to do to build its proposed
Cowlitz dams at Mayfield and
Mossyrock. The city claims it
has such authority from the Fed
eral Power Commission under
terms of the federal power act.
"This is a case of the tail try
ing to wag the dog," said the
attorney for the state, which is
attempting to assert its righs are
superior to those of one of its
component parts the city of
Tacoma.
A state fishery, state high
ways and some state land would
be inundated by water behind
othe dams, if they are built. To
got that land, the city would
have to condemn the state prop
erty under rights of immanent
domain.
The state argues that the city
does not have such rights out-
side the city limits, where the
dams are located. The city said
such condemnation would not be
indescriminate, but would be
orderly and the state would be
treated properly.
0 "That's not the point," argue
'attorneys for the state. Since
when does the federal govern
ment get the idea it can author
ize a city to overrule its su
perior?" they ask.
"Since the federal power act
was passed," answers the city.
The city claims that in the case
of the Cowlitz dams, the city,
just as any licensee, can go ahead
with the project under terms of
the FPC permit, regardless of
state laws.
The FPC has power to deter
County's Evacuee
Quota 33,000
Jackson county would be
called upon to handle about 33,
000 evacuees from Portland in
the event of an atomic attack on
that city, according to figures
released this week by the Ore
gon Civil Defense" agency.
Mobile teams frorri Jackson
county would report to the stag
ing area at Aurora. Types of mo
bile support teams which would
make use of staging areas include
emergency welfare, rescue, first
aid, medical hospital, public
health, fire and police.
Following an enemy attack on
Portland all mobile support
teams from throughout the state
would report to staging area be
fore receiving specific assign
ments. Staging areas are locat
ed at Aurora, Forest Grove and
Sandy.
COW HAS QUADS
Hollister, Calif. (U.R)
Farmer Sven Petersen's cow
gave birth to quadruplets Tues
day, an 844, 736-to-l rarity. The
cow, a Holstein-Guernsey cross
breed, and the four shaky legged
offspring were reported doing
cicely.
THE OLD SUNNY BROOK COMPANY DmS.ON OF RATIONAL DISTILLERS PRODUCTS CORPORATION, LOUISVILLE,
. sfcMTUCKY. 85 PS00F, 65 GRAIN NEUTRAL SPIRITS '
mine who shall build dams on
navigable streams or water the
city claims in pointing to such
a ruling by the State Supreme
Court last year on the Cowlitz
controversy.
Valid License Ruled
The high court ruled then that
Tacoma had a valid license to
build dams under terms of the
federal power act and FPC per
mit. But the dispute in point has
On The Side
(Distributed by King
"hore are now r;ver 4.500 ho
tels and motels in the United
States that welcome guests with
dogs. If you are planning to take
a trip across the country in your
elegant motor car you don't have
to leave your dog in a kennel
Incidentally, there are 40 hotels
in Manhattan that welcome dogs
These include some of the finest
hotels in town. In Los Angeles
only some of the smaller hotels
welcome the pups. However, the
best hotels in Beverly Hills don't
bar dogs. They are welcome at
such world famous hostelries as
the Beverly Hills Hotel, Beverly
Carlton and the Bel Air. All ho
tels in the USA welcoming dogs
are listed in that guide titled
"touring with Towser."
Passing By
William Haines. Cinema star
of the silent film era. If you re
call him starring in the film ver
sion of "Brown of Harvard,"
may be able to get you into the
young old timers association
Haines is now one of the coun
try's leading interior decorators
Says He
"What's all this about the ov
erworked housewife?" writes a
Detroit husband. "Last summer
I took charge of our 2Vz year old
daughter and 5 months old son
and performed every duty hand
led usually by our allegedly ov
erworked females from washing,
cleaning, ironing to all other op
erations of keeping house. This
was done besides working 40
hours a week in a gas station.
While doing housekeeping and
handling the child care I had
plenty of time to watch TV and
talk with neighbors. I would
change jobs with my wife any
time. Housekeeping is a cinch."
Please Note
New Yorkers get their best
break in the drink and food line
at their neighborhood pubs and
restaurants. The purveyors of re
freshment operatinng that type
of bar depend on a steady trade.
They go all out to please their
clientele. Many Broadwayites '
and fellows from other so-called
sophisticated sections are patron
izing some of the picturesque
bars along Third ave. The qual
ity is good, the prices are rea
sonable and the atmosphere is
interesting and amusing.
Asking
Queries from clients. Q. Have
you readers in Faith (S.D.), Hope
(N.D.) and Charity (Mo.)? A. Not
that I know of. But give me time
I'm just a young fellow . . . Q.
Has there ever been a woman
jockey riding regularly at ma
jor race tracks? A; A young wo
man named Judy Johnson rode
in hurdle and steeplechase races
at the New York tracks. She is
now a trainer of jumpers . . . Q.
You said Harry Fox was teamed
with the Doily Sisters. You
should know it was the Miller
ship Sisters. A. Harry Fox was,
not been decided by the high
court, according to the state.
The federal government may
have jurisdiction over navigable
waters, but it doesn't have jur
isdiction over state highways,
and state property that would be
flooded by the waters behind a
dam. the state maintains.
It is this point of state's rights
that attorneys believe the pro
posed Cowlitz river dams dis
pute will be decided.
By E. V. Durling
Features Syndicate.
Inc.)
at different times, teamed with
both the Dolly Sisters and the
Millership Sisters.
Horses and Women
"In grandma's day the stock
ings worn were heavy and
black." So I note it said. The ref
erence would be more apt if it
read "Great-grandma's day.'
When the majority of today's
grandmas were whistle girls they
wore silk stockings that might
have been black but were not
so heavy. Whether or not silk
stockings had more appeal than
nylons is open to discussion. Ask
your grandpa.
Injuries
My right arm I injured play
ing football. A "glass arm" re
sulted, handicapping my base
ball efforts. In baseball 1 broke
four fingers. But how do you
think I recently put my left arm
temporarily out of business?
Why, sir, operating a typewriter.
I thought I had a cold in my arm
but a discerning man of medicine
determined the cause as afore
mentioned. My chair was too
low; too much reaching up. Too
much use of left arm in spacing.
He said many users of typewrit
ers suffered similarly.
Steel Producers
Pare Allotments
New York (U.R) Steel
producers, caught "flat-footed"
by the continued strength of the
market, are wielding a heavy
blue pencil on customer allot
ments in a "desperate" effort to
restore order, Iron Age said to
day. "Both old and new customers
are getting the treatment," said
the national metalworking week-
ly.
Meanwhile, the mills are go
ing through one of the worst per
iods in recent years from a pro
duction and customer relations
standpoint.
Iron Age said steel companies
thought the market would ease
during the summer, but, instead,
are finding incoming orders still
10 to 15 per cent ahead of capac
ity. In addition,- it said,' producers
were hit by a short-lived strike,
a maintenance problem of major
proportions, a record breaking
heat wave and summer vacations
in their own shops.
"The ingot rate, since the
strike, has reflected the cumula
tive effect of these problems,"
said the magazine. Operations
this week are scheduled at 89
per cent of capacity, while last
week the mills produced only
88.5 per cent.
A cow pumps an estimated
400 pounds of blood through her
udder for every pound of milk
produced.
enjoy the whiskey
KENTUCKY BLENDED
WHISKEY
1 80
. PT.
4
35
LAND HO! The 70-foot, 30-ton junk "Free China" nears
the tog-shrouded Golden Gate Bridge, entrance to San
Francisco Bay, after a 112-day journey from Tapei, For
mosa. With a crew of five Nationalist Chinese and Calvin
E. Mehlert of Fresno, Cal., U. S. vice consul at Taipai. the
ship ma'de the long voyage with sails her only means of
power.
In and Around Eagle Point
Eagle Point Mrs. Gertrude
Stanley was hostess to 32 mem
bers of Central Point Garden
club at her home on Nichols
branch Friday, Aug. 5.
Mrs. A. E. Crance of Eagle
Point attended a family reunion
at Prospect the last week end in
July, at which there were five
sisters and two brothers and
families. One sister, Mrs. Crance
had not seen for 21 years, mak
ing it a doubly happy occasion
for the two. At the family din
ner on Saturday evening there
were 30 present.
John Robertson, Eagle Point,
is recovering from a serious op
eration he recently underwent
m a Meaiora nospuai
Mrs. C. H. Davis, Mrs. Violet
Bilson, Eureka, Calif., and Mrs
Bilson's sister, Mrs. Edwina
Johnston, Hollywood, Calif.,
were callers on Mrs. Orvil Hen
derson Thursday, Aug. 4. The
three were staying in Ashland
and attending the Shakespear
ean festival, but returned home
Sunday.
The opening of the Klamath
Stockmen's Commission comp
any yards at Klamath Falls was
held Tuesday, Aug. 2, and was a
success, with something over 800
head of cattle being sold during
the first day. Bertland Stanley,
son of Mrs. Gertrude Stanley, is
one of the owners and until
about a year ago lived on the
family ranch on Nichols branch,
until moving to Ft. Klamath
where he and family are living
on their ranch.
Mr. and Mrs. Roy Ashpole re
turned home Aug. 7 from a trip
to Yellowstone park. They re
ported hot weather in each state
they were in including Mon
tana, Idaho, Utah, Nevada and
California. Also that they had
seen no place comparable to
Oregon.
Mr. and Mrs. O. D. Gosnell,
Mr. and Mrs. Dee Coons and
Mr. and Mrs. "Pres" Preston of
Roseburg were guests of Mr. and
Mrs. Orvil Henderson, the week
end of July 29, to attend Mr.
45 QT.
and Mrs. Hendersons' silver an
niversary observance on Sun
day, July 31, when friends drop
ped in throughout the afternoon
to congratulate and wish them
many more happy years togeth
er. The couple also received
many beautiful gifts along with
the good wishes.
Mrs. James Hannaford is re
covering at home from a frac
tured hip she sustained about
three weeks ago, when she fell.
GRANGE
The Gold Hill Grange held its
regular meeting Thursday, Aug.
4, with Master Herman Kamp
ing in the chair, with 28 mem
bers and 6 visitors present, in
cluding the McKays from Shady
Cove, the Densmore of Gold Hill
and an out of state visitor from
Idaho. Mrs. Blanche Edgerton
and - children.
The pictures shown at the lec
ture hour, were enjoyed by all.
The report on the rummage
sale was that every thing was in
order, and the sale would be
held at a very early date.
The Grange picnic will be
held Aug. 28 at Roxy Ann.
The Grange closed with the
retiring drill.
The next serving committee
will be the Jinks, Lenox, and
Bichels.
' Jm, IS OLDS
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0 00
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Wednesday, August 10. 1955
Administration Opposed To State
Veto Over Goverment Projects
By A. ROBERT SMITH
Mail Tribune Correspondent
Washington The Eisenhower
administration is opposed to leg
islation introduced in Congress
thai would give states the power
to veto federal approval of dams
on intrastate rivers, such as the
Pelton project on the Deschutes
river in Oregon and the Cowlitz
river dams in Washington.
Portland General Electric Co.
has been given the green light
by the Supreme Court to build
the Pelton dam, despite objec
tions to it by the state of Ore
gon; and Tacoma City Light has
been given lower court approval
of its two dam plan for the Cow
litz, which the state fought.
In both instances, the courts
ruled that the approval of the
Federal Power Commission,
granting the utilities 50-year li
censes, was sufficient to permit
construction of these controver
sial projects which had been
long opposed by fishing groups.
Since the Pelton ruling of the
high court in June, it has been
suggested in some quarters that
Congress amend the federal
power act so as to give states
the right to decide, in addition
to the FPC decision, whether
the projected dam on an intra
state river was in the public
interest.
But the Interior Department,
the FPC and the Budget Bureau
have all come out against such
a bill, which is pending in the
House. Sponsored by Rep.
Byrnes (R-Wis.), the measure
provides that if a dam is to be
built "entirely within the bound
aries of one state, and if the
state requires that a permit or
license be obtained for the con
struction and Operation of such
dam, no license shall be issued
by the (Federal Power) Commis
sion for the construction of the
dam unless the applicant has
first received from the state a
permit or license for ' its con
struction. . . "
In a report sent to Congress
but never made public, the In
terior Department came out
against the bill on these grounds:
"1. It would jeopardize the
principle of unity in rive-basin
development.
2. It would put two agencies,
one federal, the other state, in
a position to veto each other's
actions and thus would thwart
or impede the full development
which is so badly needed.
3. It's very terms, with re
spect to licenses and conditions,
though they are (we believe)
properly to be read as not per
mitting the states to condition
their grant or refusal of a license
on terms contrary to those re-
62
and local
taxes extra.
VISIT THI "ROCKET
' f -"'Vr '
fe'"' OF THE YEAR
OARRELL H1LLER COMPANY, 415 S. Riverside
PHONE 2-6209
GO AHEAD! DRIVE IT YOURSELF! 'THE GOING'S GREAT, IN A ROCKET 81"
1 quired or authorized by the fed
eral power act, could be pro
vocative of litigation to resolve
this question."
Interior's report was signed
by Assistant Secretary Fred G.
Aandahl.
The FPC objected because
"the bill proposes abandonment
of comprehensive water-development
policies first enacted by
Congress in 1920 after years of
debate and proposes a return to
narrow concepts of-such devel
opment completely controlled by
state authorities."
"Instances in which state laws
conflict with a federal license,"
the FPC went on, "would un
questionably be resolved in fa
vor of the state under the) amend
ment proposed in this bill. To
subordinate federal control to
state regulation in this fashion
is undesirable and inconsistent
with the plan for the most ef
fective regulation in the public
interest of water-power develop
ment as it was originally con
ceived by the Congress and pro
vided for in the federal power
act."
The Budget Bureau, which
clears administration policy on
legislation, said it "concurs in
the views of the Department of
the Interior and the FPC and
recommends that the bill not be
enacted."
The House Interstate Com
merce Committee, to which the
bill was referred, took no action
on it and made no plans for
later action when Congress re
convenes. With no change in the laws ap
parently in prospect soon, an
other such state vs. federal case 1
is brewing in Oregon with the'
see whal a difference C-H makes
.IN CANNING AND COOKING SUCCESS
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AND THE
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"flying color" styling! And what a smooth team awaits
the touch of your toe . . . the commanding "Rocket" 202
Engine and Hydra-Matic Snper Drive! So come in now
. . . find out why August is the hottest month of the
year to deal ... and the hottest car is' Oldsmobile!
'Optional at mxlro coif.
0
ROOM" ... AT YOUR OLOSMOBIU
MEDFORD (OREGON) MAIL TRIBUNE FIVE
announcement by the Coos
Curry Electric Co-op that it plans
going ahead with its proposed
dam on the .Illinois river. The
state hydroelectric commission
has turned down its application,
but the FPC has granted it a
preliminary permit for the project.
Bonn, Germany (U.R)
Author Thomas Mann as
elected to the German Cultural
Order Tuesday in recognition of O
his contributions to German
literature. The German - born
novelist now is a U.S. citizen
and lives in Switzerland.
These aays, Y T
Tvoor tires tougW
take the going
..u- it's rough.
To
cane
sugar
A
CANE SUGAR REFINED IN THE WEST!
Nothing finer for sweetening
fresh fruits and berries
0
DEALER'S!
T &
0