Jammissioner 30 designated as chairman by the President, chairmen shall be dested by the commission itself, each chairman when so elected to act as such int the expiration of his term of office. The commissioners first appointed under this section, as amended, shall conAnne in office for terms of one, two, three, four, and five years, respectively, from the date this section, as amended, takes effect, the term of each to be designated by the President at the time of nomination. Their successors shall le appointed each for a term of five years from the date of the expiration of the term for which his predecessor was appointed, except that any person apJointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of mch predecessor. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, association, or corporaSon engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioner. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal of which judicial notice shall be taken. The commission shall annually elect a vice chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman. Each commissioner shall receive an annual salary of $10,000, together with necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law, while away from the seat of government upon official business. The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. Sec. 1, act of June 19, 1920 (41 Stat. 1963), as amended by sec. 1, act of June 23, 1930 6 Stat. 17); USC. 16: 792, The commission shall have authority to appoint, prescribe the duties, and fix the warm ti magmary, a chief engineer, a general counsel, a solicitor, and a chies woona par; þat way, subject to the civil-service laws, appoint such sthes offrente auf cuparte as are necessary in the execution of its functions * 1 ** skurke i kocordance with the Classification Act of 1923, as 20147101 4. 49mussion may request the President to detail an officer or vlcere from ba Cone of Engineers, or other branches of the United States TX comuussion as engineer officer or officers, or in any other * 18x work outside the seat of government, their duties to be preserived by tu commission: and such detail is hereby authorized. The Presidem may also at the request of the commission, detail, assign, or transfer to the commission engineers it or under the Departments of the Interior or Agriculture for foc work outside the seat of government under the direction of the commission. Big. 2, vot of June 19, 1929 (41 Stat. 1063), as amended by sec. 1. act of June 28, 1980 (46 klut. 797); U.S.C. 16: 793. The original text of this section was amended to read as above. By public resolution of April 14, 1974 (48 Stat. 591), the Federal Power Commission was authorized and directed to investigate, compile, and report to Congress the rates charged for electric energy throughout the United States. 1882. Same; powers in general. * This Act shall be held to reorganize the Federal Power Commission created by the Federal Water Power Act, and said Federal Water Power Act shall remain in full force and effect, as herein amended, and no regulations, actions, investigations, or other proceedings under the Federal Water Power Act existing or pending at the time of the approval of this Act shall abate or otherwise be affected by reasons of the provisions of this Act. Sec. 4, act of June 23, 1930 (46 Stat. 798). The above provision is added as a new paragraph of this section. Lands set aside as national parks or national forests were exempted from the provisions of the Federal water power act by acts of April 19, 1930 (46 Stat. 222), May 9, 1930 (46 Stat. 265), May 14, 1930 (46 Stat. 279), June 13, 1930 (46 Stat. 583), July 3, 1930 (46 Stat. 853), and Mar. 3, 1931 (46 Stat. 1514). Licenses issued by the Federal Power Commission under this section are not required to be deposited in the General Accounting Office under 740, ante. NOTES OF DECISIONS In general. This section does not attempt to invest Commission with all authority of Government to do things that may be done in control and improvement of navigable streams but is definite and restrictive. Law of State controls as to rights of use in waters within its border. U.S. v. Central Stockholders' Corporation of Vallejo (D.C.Cal. 1930) 43 F. (2d) 977, affirmed without reference to this point (C.C.A. 1931), 52 F. (2d) 322. United States has no different or superior right as riparian proprietor to that assigned to private ownership and United States claiming right to have determined by Federal courts its right, through licensees, to store for power purposes waters tributary to river, in manner in which courts of State conclusively determined no riparian owner could do, held not entitled to relief prayed for. Id. The delegation of power contained in this section is valid. State of Missouri ex rel. and to use of Camden County v. Union Electric Light & Power Co. (D.C.Mo. 1930), 42 F. (2d) 692. Scenic, recreational, or like consideration as justifying refusal of license.--In entertaining applications for licenses the Federal Power Commission should look only to the effect of the proposed project upon interstate and foreign commerce, and it should not refuse a license because of scenic, recreational, or like considerations. The granting of a license by the Federal Power Commission to the Cumberland Hydro-Electric Power Company to construct a dam on the Cumberland River near Cumberland Falls would not operate to interfere in any way with the power of the State of Kentucky to acquire, under the power of eminent domain, the site of the proposed dam and the adjacent lands for recreational or park (1930) 36 Op. Atty. Gen. 314. 87466-35--18 purposes. Navigability of waters as affecting granting of license.-In dealing with applications for license the Federal Power Commission is required to determine the fact of navigability of any given stream. (1930) 36 Op. Atty. Gen. 314, holding further that the Federal Power Commission has jurisdiction to entertain an application of a power company for a license to construct a dam on the Cumberland River, in Kentucky, and that the Commission should grant such license unless the effect of the dam would be to impair substantially the navigable capacity of the lower reaches of the river. Findings. A finding of the Federal Water Power Commission that projected work is in aid of navigation is not conclusive on the courts in the absence of evidence to support it, even though the license is in form within the delegated powers of the Commission. Little Falls Fibre Co. v. Henry Ford & Son, Inc. (N.Y. 1928), 164 N.E. 558, affirming (1928) 229 N.Y.Supp. 445, 223 App. Div. 559, which in turn had modified and affirmed (1926) 217 N.Y.Supp. 534, 127 Misc. Rep. 134; affirmed on other grounds (1930) 280 U.S. 369. Review of determination of Commission.Courts have no power to interfere by injunction to control the exercise of the discretion committed to the Commission. State of Missouri ex rel, and to use of Camden County v. Union Electric Light & Power Co. (D.C.Mo. 1930), 42 F. (2d) 692. The jurisdiction of the Federal Water Power Commission to issue a license for the use of the waters of the Hudson River for power purposes and the effect of such a license are to be determined by the courts. When some right asserted under a license becomes the subject of actual controversy, excess of jurisdiction is a necessary ground for judicial review to maintain the supremacy of law and keep administrative App. Div. 559, which in turn had modified and affirmed (1926) 217 N.Y.S. 534, 127 Misc. Rep. 134; affirmed on other grounds (1930) 280 U.S. 369. beards to the exercise of their delegated DORETE. Little Falls Fibre Co. v. Henry Ford & Son, Inc. (1928), 164, N.E. 558. affirming (1928) 229 N.Y.Supp. 445, 223 1886. Flood control; adoption of project. NOTES OF DECICIONS and this project is fixed and not subject to review or change by the administration. (1929) 36 Op. Atty. Gen. 80. In general-The legal project to be excuted under the provisions of this section is the project set forth in House Document No. 90, Seventieth Congress, first session; 1889. Inland waterways transportation; development by Secretary of War. The Chief of Engineers is hereby authorized to have printed a further edition of the report entitled "Transportation in the Mississippi and Ohio Valleys", prepared by the Board of Engineers for Rivers and Harbors in cooperation with the United States Shipping Board under authority of section 500 of the Transportation Act approved February 28, 1920 (to be brought down as nearly as possible to date), to be paid for from appropriations heretofore or hereafter made by Congress for the improvement of rivers and harbors; and the cost of printing such other reports and data as are prepared in compliance with that law and with section 8 of the Merchant Marine Act, approved June 5, 1920 (not exceeding $35,000 in any one year), may be paid from similar appropriations. Sec. 6, act of July 3, 1930 (46 Stat. 948), authorizing improvements on rivers and harbors. The above provision is added as a new paragraph of this section. 1890a. Same; acquisition of Erie and Oswego Canals.-The Secretary of War is authorized and empowered to accept from the State of New York the Stateowned canals known as the Erie and Oswego Canals and to operate and maintain them at their present depth, at an annual estimated cost of $2,500,000, as barge canals only, and not as or with any intention to make them ship canals or to hinder or delay the improvement of the Saint Lawrence Waterway as the seaway from the Great Lakes to the ocean: Provided, That such transfer shall be made without cost to the United States and without liability for damage claims arising out of said canals prior to their acquisition by the United States, and shall include all land, easements, and completed or uncompleted structures and appurtenances of the said waterways and their service: And provided further, That no project for the widening or deepening of these canals, or for the elevation of bridges in connection therewith, shall proceed without subsequent authorization of Congress. Sec. 1, act of July 3, 1930 (46 Stat. 920), authorizing construction of public works on rivers and harbors. 1893. Inland waterways corporation; operation of transportation and terminal facilities. That subdivision (e) of section 3 of the Act entitled "An Act to create the Inland Waterways Corporation for the purpose of carrying out the mandate and purpose of Congress as expressed in sections 201 and 500 of the Transportation Act, and for other purposes ", approved June 3, 1924, as amended, is amended by striking out after the word "Warrior" the words "River or the Mississippi River", and inserting in lieu thereof a comma and the words “Mississippi, Columbia, or Snake Rivers,". Act of June 16, 1934 (48 Stat. 988); 0.80. 49: 153. The suve provision is added as a new paragraph of this section. 1895. Same; powers. NOTES OF DECISIONS Purchase of bank stock. The Inland Waterways Corporation has the power and discretion under this section, in order to avoid or minimize losses growing out of the failure of the bank in which its funds are deposited, to participate in the organi- MSS. 1896. Same; property, rights, duties, liabilities. NOTES OF DECISIONS Liabilities. The Inland Waterways Corporation held not liable for damages for breach of a lease of tow boats, made by the Secretary of War and devolving on the corporation. Goltra v. Inland Waterways Corporation (App.D.C. 1931) 49 F. (2d) 497. 1899a. Prevention of erosion of shores of coastal and lake waters.-The Chief of Engineers of the United States Army, under the direction of the Secretary of War, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of various States on the Atlantic, Pacific, and Gulf coasts and on the Great Lakes and the Territories, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for examinations, surveys, and contingencies for rivers and harbors: Provided, That the War Department may release to the appropriate State agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds and/or services as the Secretary of War may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers and from the engineers of State agencies charged with beach erosion and shore protection, a board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be selected with regard to their special fitness by the Chief of Engineers from among the State agencies cooperating with the War Department. The board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the board by the Chief of Engineers the board shall, when it considers it necessary, and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examinations of localities under investigation : Provided further, That the salary of the civilian members shall be paid by their respective States, but the traveling and other necessary expenses connected with their duties on the board shall be paid in accordance with the law and regulations governing the payment of such expenses to civilian employees of the Engineer Department. Sec. 2, act of July 3, 1930 (46 Stat. 945), authorizing improvements on rivers and harbors; U.S.C. 33: 426. Revised Statutes-Continued. Limitation on causes arising prior to Code of Laws of the United States; legal. 1904. Statutes at large; Little & Brown edition, legal effect. 1904a. Same; index. That the Librarian of Congress is hereby authorized and directed to have the index to the Federal Statutes, published in 1908 and known as the "Scott and Beaman Index", revised and extended to include the Acts of Congress down to and including the Acts of the Seventieth Congress, and to have the revised index printed at the Government Printing Office. Sec. 1, act of Mar. 3, 1927 (44 Stat. 1401), as amended by act of June 14, 1930 (46. Stat. 585). 1905a. Revised statutes; limitation on causes arising prior to December 1, 1873.-All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. R.S. 5599; U.S.C. 1: 29a. 1919. Code of Laws of the United States, supplements and new editions; publication. “U.S.C. 1: 51a" should be added to citation to last paragraph of this section. The first paragraph of this section, based on sec. 1, act of May 29, 1928 (45 Stat. 1007); U.S.C. 1: 51, should be omitted as executed. P |