| 116th Year, 31st Issue | Thursday, March 10, 2005 | Sparta, North Carolina |
Editor’s Note: This marks the second installment in a two-part series on the fight to stop a dam project on New River.
The New River bill had finally passed in the Senate. Ten days before Congress was to adjourn and all pending bills would die, the matter was put on the agenda for a vote. The rules committee, overwhelmed by political pressure, voted to prevent the bill’s reaching the floor of the House.
Speaker of the House Wilmer Mizell then brought the issue up for discussion, asking for a full-house vote for or against a “rule” that would override the rules committee’s refusal to allow a vote on the issue. The following day’s vote was 196 in favor, and 181 against, with 57 who showed up, but didn’t vote. Unfortunately, since the two-thirds majority requirement had not been met, the Blue Ridge Project won. Appalachian Power Company could begin land condemnation and construction on the license’s effective date.
N.C. Governor James E. Holshouser Jr. quickly sent telegrams to all 435 members of the House. On Dec. 17, debate began on the river’s being given scenic river designation, with heated arguments from both sides, each espousing the benefits of their opposing positions on the matter. Arizona’s “Mo” Udall ended the session with a reminder to all. “There are decisions which are irrevocable, and if tonight we fail to pass the bill by two-thirds, the bell has been tolled on the New River. It is gone. The jobs are gone. The farms are gone. The land is gone.” Delaying the condemnation of land and the dams’ construction was essential. Fortunately, the legal and procedural tangles that followed included every oversight that could be imagined. Dates, U.S. Postal Service procedures, assorted schedule changes and court dockets became tangled in confusion. A misunderstanding as to whether the opposing petitions’ acceptance was based upon their postmark or arrival date got six of the documents rejected for failing to qualify. The only positive was from the actions of a young lawyer who prepared documents for North Carolina, and mailed them on the Friday before they were due. Furthermore, the petitions’ objections to the license were unclear, the Federal Power Commission had not followed lawfully required procedures, and it had submitted incorrect information. When the FPC refused to accept North Carolina’s petition for a hearing, the state had an unexpected chance to appeal through the courts. Thomas J. Schoenbaum quickly prepared elaborate and detailed legal documents, presenting them before the court as the clock wound down.
When the power company’s attorney tried to rush the beginning of construction, Judge Eugene Gordon became quite specific in his cautions that the matter had not been fully settled, and that the FPC had been accused of violating the law. To emphasize his point he cautioned, “If the dam is built when I get to a decision (that could prohibit such construction) it will have to be torn down. You are proceeding at your own peril until I enter some decree on this injunction!” With the outcome uncertain, licensure was again stalled, effectively delaying the project’s start for an indefinite time.
An undercurrent of discontent bubbled to the surface through the vexation of a claimed 74.6 percent of Ashe County citizens opposed to Scenic River designation for the New. Local folks were frazzled after eight long years of seemingly endless debate over their homes and livelihood. Many had already sold their properties to the power company and moved out, leaving childhood homes behind to the ravages of time and neglect.
Numerous advertisements run by those in favor of the project suggested all sorts of terrible results if the dam didn’t go through. One suggested that the federal government would make the river a national park, bringing millions of people into the area — precisely what the power company had touted as an advantage when the struggle began. An Alleghany landowner vehemently opposed to the project is said to have threatened his son with disinheritance unless he stopped his pro-dam activity.
Area resident Everette E. Newman explained his objections quite clearly in a letter to the Appalachian Power Company’s division manager: “If you favor the Blue Ridge Project, as I know you do, then say so and please stop telling me, and a lot of others in the area, how good it will be for us. We have been doing fine for the last two centuries without having our land covered with water and I’m sure we will continue just fine in our present lifestyle.”
Blue Ridge opponents nicknamed the pro-dam people “beavers” and began circulating “The New River, Like It Is” bumper stickers. A grassroots effort to unite area people against the dams’ construction stumbled briefly when their powerful opponents resorted to intense scare tactics. Even so, the National Committee for The New River was formed and quickly attracted seven hundred members from five states. Proponents and opponents debated issues and claims at public hearings as both sides lobbied legislators. While discussions went on, an unrelated government decision cost the APC nearly all of a 10.5 percent price increase already charged to their customers. The refunds totaled more than $39 million.
When Rogers Morton resigned as secretary of the interior, President Gerald Ford nominated Wyoming’s former governor Stanley K. Hathaway to fill that position. With Hathaway’s alleged reputation as an anti-environmentalist, conservationists did all they could to derail his confirmation; however, lengthy and subtle political maneuvering gently eased him into the office.
When the Senate passed Scenic River designation for a crucial part of the New River, a great rally was held in celebration. But the fight wasn’t over. The final vote required confirmation from the secretary of the army, the secretary of agriculture and the chairman of the FPC, all of whom had to agree on the river’s new designation. The matter went back and forth as lobbyists from both sides pressured the men involved. Later that year, those serious about preserving the New cranked up a nationwide campaign by sending letters to the Congress. Dan Rather, then of CBS, included the issue in one of his shows. Jack Anderson and
George Will also ran newspaper columns favoring the New River’s unencumbered flow northward. Newsweek featured a piece entitled “Of Time and The River,” which “generally favored the river’s preservation.” Walter Cronkite, Harry Reasoner and David Brinkley raised the issues on several occasions, as did National Public Radio. Confronted with a tidal wave of the media’s efforts opposing their plans, the Appalachian Power Company and their lobbyists blitzed federal officials. Large newspaper advertisements promised “The Truth About The Blue Ridge Project,” attacking their opponents’ statements and positions.
Again, North Carolina forces moved to delay the beginning of construction. New petitions were filed for hearings on the issues, asking for a stay of the license’s being put in force. After months of back-and-forth haggling and political maneuvering, final debates came before the U.S. House Rules Committee.
Joe Dowd, the power company’s representative, cautioned that “If the Congress should pass the New River bill and deprive Appalachian Power Company of this property right…the company would bring suit for $500 million in damages from the United States.” The rules committee’s vote would decide the New River’s future. Governor Holshouser declared July 18, 1976, to be an official day of prayer for the New.
Debate in Congress ran for two more days, with the power companies and others with vested interests giving it all they had. The bill to delay licensure passed overwhelmingly with 311 in favor and 73 against. Five members of the Virginia delegation even voted it its favor. President Gerald Ford contacted Gov. Holshouser and said he would sign the bill. The New River, after millions of years of its existence and twelve of struggles to keep it free, was finally and permanently safe.
On Sept. 11, 1976, President Ford invited 50 guests to the Rose Garden and made a brief statement just before signing the bill into law. “This majestic and beautiful river and the land surrounding it have been preserved for future generations,” Ford said. “I hope the New River will flow free and clear for another 100 million years.”
Back at the celebration of the Wild and Scenic New River designation, Elizabeth McCommon stood high above the wandering watercourse and sang “in celebration of the people. “How rich, how green is my valley; That precious place my New River home. I can hear the torrent roar; I can see the high hawk soar, from that spot of land my father gave to me.” The New River’s history and continued presence is a large part of this area’s history. Unfortunately, since most of the battle raged far from the valley, people couldn’t follow the details. Sparta’s Fred Glenn Weaver, great-grandson of one who first settled in this area, stayed involved. His efforts prompted Gov. Holshouser to name him “Admiral of the New River Navy.”
In addition to Ed Adams’ dedication to keep the river open, he clarified several points in this historical account. His willingness to spend that time with me is greatly appreciated. My thanks go to Thomas J. Schoenbaum for allowing me to use his book as this article’s primary reference. Had he not done so, details of the 12-year struggle might have faded into the past like water over a dam. If you’d like to read more about it, his book, “The New River Controversy,” is available at the Alleghany County Library.