Nonetheless, the Supreme Court found no constitutional limitation to prevent the acquisition of the transmission lines, although, it was noted, the lines were not essential to the sale of the surplus power, and the Court approved the interchange of energy arrangement as a means of accomplishing the disposition of its own power.
The significance of the Supreme Court's ruling in the Ashwander case to the case at bar is shown from the following language of Chief Justice Hughes:
'As to the mere sale of surplus energy, nothing need be added to what we have said as to the constitutional authority to dispose. The government could lease or sell and fix the terms. * * * The contemplated interchange of energy is a form of disposition, and presents no questions which are essentially different from those that are pertinent to sales.
'The transmission lines which the Authority undertakes to purchase from the Power Company * * * provide the means of distributing the electric energy * * * to a large population. They furnish a method of reaching a market. * * * We know of no constitutional ground upon which the federal government can be denied the right to seek a wider market. * * * The transmission lines for electric energy are but a facility for conveying to market that particular sort of property, and the acquisition of these lines raises no different constitutional question'. 297 U.S.AT pages 338, 339, 56, S. Ct.at page 479.
Plaintiffs have cited numerous authorities in support of the constitutional argument but no case aside from the Ashwander decision has been brought to the attention of the Court directly supporting the position taken by either side. The Court does not believe any good purpose would be served in reciting and distinguishing the authorities submitted and, in the circumstances, does not feel called upon to attempt such an undertaking. It is sufficient to say that in many, if not most, instances the Court does not dispute the principles enunciated in those decisions but is unable to find that they are applicable to the facts in the case at bar, or that they serve to modify the above rule announced in the Ashwander case.
The Court finds no ground asserted under heading 7 for holding the lease and power contracts illegal.
Counsel for the defendants will prepare findings of fact, conclusions of law, and judgment in accordance with this opinion.