PACE FOURTEEN
HERALD AND NEWS, KLAMATH FALLS, OREGON
TUESDAY, MAY 0, 1fM2
Public-Private Electric
Squabble to High Court
WARHTNfiTON un The Su
preme Court Monday agreed to rule
on it least one phase of the red hot
Issue of publto v. private power
development.
Specifically, the hlnh tribunal
said It will decide whether private
Industry or the federal govern
ment should build a hydroelectric
plant on the Roanoke River at
Roanoke Rapids, N. C.
The ruling was asked by Secre
tary of the Interior Chapman In
an appeal from a decision by the
U. 8. Circuit Court In Richmond.
The circuit court approved the
granting of Federal Power Com
mission license for the project to
the Virginia Electric and Power
Company.
Chapman has fought development
of the project by the Virginia Com
pany on the ground that Congress
approved a plan for development
of the Roanoke Rivtr basin which
Included a federal dam at Roan
oke Rapids.
The circuit court said that until
the federal government actually
begins construction of such a pro
ject, the Secretary of the Interior
has no more responsibility in con
nection with it than has the post
master general.
In this conflict of views between
the Interior Department and the
Power Commission (he Justice De
partment decided to take a neu
tral position.
Chapman's appeal said the cir
cuit court decision "leopardues all
river basin developments that
have been approved by Conuress,
bv making their realisation contin
gent upon the non-issuance of li
censes bv the Federal Power Com
mission" to private industry.
He added: "If Congressionally
approved comprehensive plans do
not preclude the licensing of their
constituent aroject units, then It is
to be expected that private power
companies will seek license for
the development of those protect
sites which are economically most
advantageous, leaving the federal
development only the lnfeasible or
the last feasible projects."
The Virginia Rural Electrifica
tion Administration Association and
its members cooperatives filed a
companion appeal opposing licens
ing ol tne project to Virginia tiec
trie. The Virginia REA and its cooper
atives would buy power from the
Interior Department If the Ronn
cke Rapids plant were built by the
government.
Court Upholds libel Against Union,
Paper
WASHINGTON The Su
preme Court Monday let stand a
$6,000 libel judgment apalnst a
lu bar union and a newspaper for
publishing an advertisement saying
an employer was unfair to labor.
The high tribunal refused to re
view a Kentucky Court of Appeals
decision upholding the 11.000 libel
judgment against the Pariucnh
iKv.i Sun-Democrat and the So.000
libel judgment agninsl the Pnducah
Central Labor Union.
The judgments were won by Ger
ald Wise, operator of a restaurant.
Shortly before opening his place
un June 4. 1M9. Wise had a casual
cmplove paint a small section ol
the front. The employe, a Negro,
was not a union member. The Job
took less than one hour.
As a result of the incident, the
Central Labor Union a month and
a half later placed the advertise
ment In the newspaper.
It was headed, "'notice, members
cf labor," and said Wise's rest
aurant was "miliar to you."
Wise sued In the MeCracken
Cuuiilv iKy.i circuit court for
130.000 damages.
A Inrv awarded him the $(1,000.
In upholding the award (he Ken
tucky Court ol Anneals saici;
"We do not decide that the
publication was libelous as a mat
ter of law. What we do declare Is
that labor unions, as others, may
be clvilv liable when they falsely
charge an employer wllh being
'unfair', where theie exists no
Ml'SICIANS WANTED
BISMARCK. N. D. If There's
a band here which is short clari
net plavers. but no rush is ex
pected to fill the Jobs. Warden
Oscar N y g a r 1 says the North
Dakota penitentiary band has
about 25 members now. The boys
are showing much improvement
lately, but the clarinet section is
weak and needs more personnel.
Iconlroversy or other circumstance
which would reasonably justify tne
intentional diOnuge of the employ
er's business.
Therefore, the published titato
merit was not privileged, and the
determination of whether or not
It constituted libel was properly
submitted to the Jury."
Wise Mld he was not told bv the
union that It objected to the Negro
doing the painting.
His brief filed with the Supreme
Court said If the contentions of
the union and the newspaper were
upheld, "then a union or anv or
ganisation remotely connected
14
NOW Wednesday
DOUBLE
S&H
GREEN STAMPS
CliffY'adcn's
SIGNAL SERVICE
2560 So. 6th
(Open 24 hrs. Every Day)
therewith, nuw publish damaging
Blateiirnls concerning a small
business man without any atieiiint
to bargain wllh him, without con
(routing him wllh their grievance,
or In any manner Informing him
ol their displeasure, regardless of
how ridiculous or groundless It may
be."
The appeal bv the union and Hie
newspaper ccnlended the awards
violated the federal cou.stllullon's
guarantees ol (roe speech and free
press.
The appeal cited an earlier Su-
Jo u r t
Hie rlglil of union nickels to carry
itlmiH which called an employer
uulitlr.
Tim Kenluekv constitution lias a
urovlslcn Unit, "every person may
freely and fullv "Peak, write and
ppiii on anv niiuleiii, being rni.'ki
hlblo for the alius" ' Hint IH'ei'lvF
preme Ci
decision upholding
to the
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