Archives West Finding Aid
Table of Contents
United States Federal Power Commission Records, 1821-1950
Overview of the Collection
- Creator
- United States. Federal Power Commission
- Title
- United States Federal Power Commission Records
- Dates
- 1821-1950 (inclusive)18211950
- Quantity
- 3.5 linear feet of shelf space
- Collection Number
- MC 13 (1:2-1)
- Summary
- These U.S. Federal Power Commission records consist of hearing materials in a case involving the failure of the Montana Power Company to apply for a license to operate its hydroelectric dams on the Missouri River and tributaries. Exhibits in the case (including steamboat logs, diaries, articles, clippings, etc.) sought to document whether the Missouri River was navigable above Fort Benton. [FPC Docket #IT-5840.]
- Repository
-
Montana Historical Society, Library & Archives
Montana Historical Society Research Center Archives
225 North Roberts
PO Box 201201
Helena MT
59620-1201
Telephone: 4064442681
Fax: 4064445297
mhslibrary@mt.gov - Access Restrictions
-
Collection open for research.
- Languages
- English
- Sponsor
- Funding for encoding this finding aid was provided through a grant awarded by the National Endowment for the Humanities.
Historical NoteReturn to Top
Between the years 1898 and 1930, the Montana Power Company, and its predecessors, constructed a series of seven developments on the Missouri River upstream from Fort Benton, Montana. These projects, which include dams, reservoirs, and powerhouses, are the Morony, Ryan, Rainbow, Black Eagle, Holter, Hauser, and Canyon Ferry hydroelectric projects. In addition, two other developments were constructed on the Madison River, the Madison and the Hebgen projects. In December 1937, the Federal Power Commission began an investigation to determine whether the maintenance and operation of these nine unlicensed hydroelectric developments in Montana constituted a violation of the Federal Power Act. The act, passed in 1935, required licensing from the Federal Power Commission for all developments located in streams over which the U.S. Congress had jurisdiction. As a result of its investigation, the Commission requested that the Montana Power Company apply for licenses for its Missouri and Madison rivers hydroelectric developments. When this was not done, the Commission ordered a public hearing (Docket No. IT-5840) to be held before an examiner at Helena beginning November 18, 1946. The fundamental issue involved throughout the hearing was the determination of the navigability of the Missouri River. If the river was a "navigable water" of the U.S., then it was " . . . illegal for any person, state, or municipality to construct or operate a dam or reservoir for the purpose of developing electric power across, along, or in . . ." the Missouri River without a license. The Commission's case was based upon the fact that the Missouri was indeed navigable above Fort Benton and in order to prove it, diaries, articles, journals, clippings, and logs from early expeditions and steamboat travels involving the transportation of persons and property were presented. The Montana Power Company countered the Commission's case from the premise that all nine of its developments were constructed, operated, and maintained before passage of the 1935 Federal Power Act. Also, the company contended that the Great Falls prevented the Missouri River from forming a continuous interstate highway, commercial travel having never gone above Fort Benton which was below the hydroelectric development farthest downstream (Morony). However, more important in the eyes of the company was the fact that if these developments had to be licensed by the Federal Power Commission, the U.S. would then have an option to make all Montana Power Company property, including transmission lines, federal property. Joining forces with the company were the governments of the Montana counties of Lewis and Clark, Gallatin, and Cascade. These counties feared loss of considerable tax revenue from Montana Power Company for the transmission lines, dams, and other property. Also, each county had constructed bridges across the Missouri and felt the expense of licensing these bridges would be prohibitive if the river was determined to be a navigable waterway of the U.S. The examiner's decision (Opinion No. 170) came on September 30, 1947, stating that all nine of the Missouri-Madison developments occupy, "without authority a 'navigable water' or public lands, or both, and since all effect the navigable capacity of the 'navigable water,' the Commission has authority under the Act to require that they be operated and maintained only if licensed." This decision was the start of a long legal battle between the Federal Power Commission and the Montana Power Company.
Content DescriptionReturn to Top
The bulk of the collection consists of the official record from the public hearing held in Helena from November 18 through December 7, 1946, and the exhibits presented to the examiner by both sides during the hearing. There was a total of 176 exhibits (index in Box 4), including maps, graphs, charts, photographs, letters, journals, articles, logs, newsclippings, court records, and legal documents dating from 1821 dealing with the issue of the navigability of the Missouri River. The collection contains only a portion of the numbered exhibits: all those presented by the Federal Power Commission, but only a selected few of those which were presented by the Montana Power Company. In addition to the numbered exhibits, there are miscellaneous materials of a similar nature at the end of the collection. All of the materials in the collection are photocopies of the originals.
Use of the CollectionReturn to Top
Restrictions on Use
Researchers must use collection in accordance with the policies of the Montana Historical Society. The Society does not necessarily hold copyright to all materials in the collection. In some cases permission for use may require additional authorization from the copyright owners. For more information contact an archivist.
Preferred Citation
item description and date. Collection Title. Collection Number. Box and Folder numbers. Montana Historical Society Research Center, Archives, Helena, Montana.
Administrative InformationReturn to Top
Detailed Description of the CollectionReturn to Top
The following section contains a detailed listing of the materials in the collection
Court Papers Return to Top
Container(s) | Description | Dates |
---|---|---|
Box/Folder | ||
1 / 1-8 | Official stenographers' report, p. 1-927 |
November 18-26, 1946 |
2 / 1-6 | Official stenographers' report, p. 928-1800 |
November 28- December 5, 1946 |
3 / 1-2 | Official stenographers' report, p. 1801-2084 |
December 5-7, 1946 |
3 / 3 | Official stenographers' report, p. 2085-2273: oral
agreement |
February 16, 1947 |
3 / 4 | Respondent's reply brief on its motion to reverse
rulings of the presiding officer |
February 14, 1947 |
3 / 5 | Respondent's reply to main brief of staff counsel |
July 10, 1947 |
3 / 6 | Answer brief of respondent to rebuttal brief of staff
counsel |
September 8, 1947 |
3 / 7 | Exceptions of staff counsel to initial decision |
December 29, 1947 |
3 / 8 | Opinion no. 170 |
December 7, 1948 |
4 / 1 | List of case exhibits |
August 1948 |
4 / 2 | Exhibit #1: map of Canyon Ferry Dam area |
1902 |
4 / 3 | Exhibit #2: map and blue prints of Hauser Dam and
Lake |
1907 |
4 / 4 | Exhibit #3: map of Hebgen Dam area |
1906 |
4 / 5 | Exhibit #4: tabulation of lands occupied |
undated |
4 / 6 | Exhibit #5: materials re Canyon Ferry Dam |
1896 |
4 / 7 | Exhibit #6: materials re Holter Dam |
1906-1920 |
4 / 8 | Exhibit #7: materials re Hauser Dam |
1905-1907 |
4 / 9 | Exhibit #8: materials re Hebgen Dam |
1906-1915 |
4 / 10-12 | Exhibits #9a-c: maps of Hebgen Reservoir
(#1274-2,3,4) |
1933 |
4 / 13-14 | Exhibits #10a-b: maps of Madison Reservoir
(#1274-5,6) |
1933 |
4 / 15 | Exhibits #11a-c: maps of Holter Reservoir |
1917 |
4 / 16 | Exhibit #12: correspondence re Hebgen Dam
(correspondents include Montana Reservoir and Irrigation Company, E.W. Kramer, F.A.
Silcox, Max Hebgen, H.H. Cochran, R.H. Rutledge, U.S. Forest Service) |
1912-1914 |
4 / 17 | Exhibit #13: General Land Office report on Montana
Reservoir and Irrigation Company and Hebgen Dam by E.C. Galbraith |
1924 |
4 / 18 | Exhibit #14a-b: highway right of easement and map |
1946 |
5 / 1 | Exhibit #15a-c: highway right of easement and map |
1946 |
5 / 2 | Exhibit #16a-c: highway right of easement and map |
1946 |
5 / 3-5 | Exhibit #17a-c: abstracts from Annual report of the
Chief of Engineers re Missouri River |
1868-1943 |
6 / 1 | Exhibit #18: Helena Gazette clipping including ads
for steamboat travel |
Sept. 1866 |
6 / 2 | Exhibit #19: "Description of the keel boats and
mackinaw boats used in early days on the Upper Missouri" |
1917 |
6 / 3 | Exhibit #20: Report of a reconnaissance on the
Missouri River in 1872 |
1875 |
6 / 4-5 | Exhibit #21: newspaper clippings (re Upper Missouri
River, navigation south of Great Falls, local industries, etc.) |
1867-1946 |
6 / 6 | Exhibit #22: "Souvenir of the City of Great Falls"
booklet |
1895 |
6 / 7 | Exhibit #23: map of perspective of Great Falls |
1891 |
6 / 8 | Exhibit #24: excerpts from Original journal of the
Lewis and Clark Expedition, 1804-1806 edited by Reuben Gold Thwaites |
1904 |
6 / 9 | Exhibit #25a-b: Reports of Committees, 1893-94 U.S.
House of Representatives (re authorization for "Dam Across the Missouri River" by
Missouri River Power Company) |
1894 |
7 / 1 | Exhibit #26a: Letter from the Secretary of War
(transmitting report of Lewis A. Pick on flood control on Lower Missouri River: "Pick
Plan") |
1944 |
7 / 2 | Exhibit #26b: Conservation, Control, and Use of Water
Resources of the Missouri River Basin... (re Sloan Plan) |
1944 |
7 / 3 | Exhibit #26c: Report of a Committee of two
Representatives each from the Corps of Engineers, U.S. Army, and Bureau of
Reclamation...for the Comprehensive Development of the Missouri River Basin
(Pick-Sloan Plan) |
1944 |
7 / 4 | Exhibit #27: map of approved reservoir and power
projects (including tables) [additional material in OVERSIZE FOLDER] |
1948 |
7 / 5 | Exhibit #28: "Montana Power Company" (brochure) |
1916 |
7 / 6 | Exhibit #29: "The Upper Missouri and the Great Falls"
from The Century Illustrated Monthly Magazine |
1888 |
7 / 7 | Exhibit #30: advertisement for steam yacht Minnie |
1892 |
7 / 8 | Exhibit #31: excerpts from History of Washington,
Idaho and Montana, by Hubert Howe Bancroft |
1890 |
7 / 9-10 | Exhibits #32a-b: "Steamboat arrivals at Fort Benton,
Montana and vicinity," Contributions to the Historical Society of Montana, vol. 1,
vol. 3 |
1876, 1900 |
7 / 11 | Exhibit #33: certificate of inspection for steamboat
Rose of Helena |
1886 |
7 / 12 | Exhibit #34: Nicholas Hilger's master of steam
vessels certificate |
1886 |
7 / 13 | Exhibit #35: articles of incorporation for Montana
Steam Navigation Company |
1878 |
7 / 14 | Exhibits #36a-b: material re steamboat Rose of Helena |
1887 |
7 / 15 | Exhibit #37: "River navigation: a history of the
Missouri River", by Phil E. Chappell, Transactions of the Kansas State Historical
Society, vol. 9 |
1906 |
7 / 16 | Exhibit #38: "A trip down the Missouri River",
editorial from Helena Independent, reproduced in Contributions to the Historical
Society of Montana, vol. 4 |
1903 |
7 / 17 | Exhibit #39: excerpt from "The Founding of Great
Falls and Some of its Early Records," by Paris Gibson |
1882-1883 |
7 / 18 | Exhibit #40: excerpts from "The Great Northern
Country" (re Giant Springs and Helena) |
undated |
7 / 19 | Exhibit #41: excerpt from "The New Northwest,
Montana: Helena: its past, present and future" |
1880 |
7 / 20 | Exhibit #42: excerpts from Montana Illustrated
article (re Montana Brewing Company and B. and M. Commercial Company) |
1895 |
7 / 21 | Exhibit #43: excerpt from Great Falls Tribune annual
number (re Great Falls Lumber Company and Holter Lumber Company) |
1889 |
7 / 22 | Exhibit #44: The Benton Record article: "Steamboat
Navigation on the Upper Missouri" |
June 1875 |
7 / 23 | Exhibit #45: excerpt from Securities and Exchange
Commission registration statement of Montana Power Company |
1936 |
8 / 1 | Exhibit #46: Montana Legislative Assembly "An Act to
incorporate the Missouri River Portage and Railroad Company" |
1866 |
8 / 2 | Exhibit #47: Montana Legislative Assembly "An Act to
authorize Robert Tingley and John Kennedy and their associates to construct a wagon
road around the falls of the Missouri River" |
1868 |
8 / 3 | Exhibit #48: Montana Legislative Assembly "House
Joint Memorial asking [Congress] for additional improvements on the Yellowstone and
Upper Missouri Rivers" |
1879 |
8 / 4 | Exhibit #49: Montana Legislative Assembly resolution
asking Congress for Missouri River improvements |
1874 |
8 / 5 | Exhibit #50: Montana Legislative Assembly "Joint
Memorial in relation to the improvement of the navigable waters of the Territory of
Montana" |
1876 |
8 / 6 | Exhibit #51: Montana Legislative Assembly "House
Joint Resolution concerning obstructions in the Upper Missouri River" |
1909 |
8 / 7 | Exhibit #52: Montana Legislative Assembly "A
Resolution memorializing Congress to relinquish and cease to exercise its jurisdiction
over the Missouri and Yellowstone Rivers in the State of Montana" |
1917 |
8 / 8 | Exhibit #53: Montana Legislative Assembly "A Memorial
to Congress: relating to the navigation of the Missouri River" |
1919 |
8 / 9 | Exhibit #54: Montana Legislative Assembly "An Act
defining the navigable public waters of the State and authorizing anglers to go along
such waters for the purpose of fishing therein" |
1930 |
8 / 10 | Exhibit #54a: Montana Legislative Assembly resolution
for bridge construction at Culbertson, Power Plant, and Lismas |
1932 |
8 / 11 | Exhibit #55: Montana Legislative Assembly "A
Resolution memorializing Congress ... to enact legislation to facilitate the
transportation of products of Montana and adjacent states by construction of dams and
other facilities to make navigable the Missouri River from its mouth to Fort Benton,
Montana" |
1938 |
8 / 12 | Exhibit #56: Montana Legislative Assembly "A Senate
Joint Memorial...requesting the declaration of the recognition of Fort Benton as a
place of prominence in the history of the State of Montana" |
1945 |
8 / 13 | Exhibit #57: John W. Hopkins vs. Butte and Montana
Commercial Company (re floating logs down Deep Creek to Great Falls) |
1892 |
8 / 14 | Exhibit #58: Calvin L. Allen vs. Holter Lumber
Company (re floating logs down Smith River) |
1891 |
8 / 15 | Exhibit #59: Morgan Cornelius vs. Jay D. Taylor (re
mooring dock at Great Falls for pleasure boat "Minnie") |
1892 |
8 / 16 | Exhibit #60: Gallagher and Vaughn vs. J.W. Cornelius
(re construction of Great Falls 6th Street sewer) |
1894 |
8 / 17 | Exhibit #61: Three years among the Indians and
Mexicans by Thomas James [excerpts] |
1916 |
8 / 18 | Exhibit #62: "The Fort Benton journal" by James
Bradley, published in Contributions to the Montana Historical Society [excerpts] |
187_, 1940 |
Oversize Folder | ||
OvFd | Exhibits #63a-b: maps of Upper Missouri River Basin |
1946 |
OvFd | Exhibit #64: map of profiles of Upper Missouri River
and Madison River |
1946 |
OvFd | Exhibit #65: map of principal electric facilities on
Missouri River |
1946 |
Box/Folder | ||
9 / 1 | Exhibit #66: Federal Power Commission power system
statement of Montana Power Company |
1942 |
9 / 2 | Exhibit #67: Securities and Exchange Commission
registration statement of Montana Power Company |
1945 |
9 / 3 | Exhibit #68: table of mean monthly water flow of
Missouri River at Fort Benton |
1881-1944 |
9 / 4-5 | Exhibits #70-71: photographs of small recreational
boat at Fort Benton |
undated |
9 / 6 | Exhibit #72: graph of water flow gage record at Fort
Benton |
July 1946 |
9 / 7 | Exhibit #73: graph of water flow gage record at Loma |
July 1946 |
9 / 8 | Exhibit #74: "Steamboat Arrivals at Fort Benton;
Stream Flow and Gage Heights," (compiled from various sources) |
1875-1881 |
9 / 9 | Exhibit #75: graph of Upper Missouri River stages (re
water flow gage levels at several gauging stations from Morony Dam to Fort Peck
Reservoir) |
July 1936 |
9 / 10 | Exhibits 85a-c: photos of ruins of sawmill (no
location) |
July 1946 |
9 / 11 | Exhibit 86: photo of sawmill at Stickney Creek |
1880 |
9 / 12 | Exhibit 87: "Statement on the production,
transmission, and utilization of electric energy for the years 1934, 1935, and 1936
made by the Montana Power Company" to Federal Power Commission |
1937 |
9 / 13 | Exhibit 163: excerpts from Lewis and Clark
Expedition Journal, 1804-1806 edited by Reuben Gold Thwaites |
1904 |
9 / 14 | Exhibit 171: permit by Secretary of War and U.S.
Forest Service for Helena Power Transmission Company to build Hauser Dam and to flood
forest reserve land |
1907 |
9 / 15 | Exhibit 175: excerpts from "The Missouri River",
Nebraska History Magazine (re wrecks of steamboats on Missouri River in Nebraska) |
1927 |
9 / 16 | Exhibit 176: "Documents in relation to the claim of
James Johnson for transportation on the Missouri and Mississippi Rivers" |
1821 |
Miscellany Return to Top
Container(s) | Description | Dates |
---|---|---|
Box/Folder | ||
9 / 17 | "Origin of the Coulson Line" (includes detailed
descriptions of steamboats "Far West", "Rosebud", and "Montana") |
undated |
9 / 18 | "The Amalgamated Copper Company: a closed chapter in
corporation finance," by F. Ernest Richter, Quarterly Journal of Economics |
undated |
9 / 19 | Excerpt from "Historical sketch and essay on the
resources of Montana..." (re navigability of Missouri River between Great Falls and
Gallatin City) |
1868 |
9 / 20 | Excerpts from "History of Montana, 1739-1885" (re
falls on Missouri River and navigability of Missouri and Yellowstone Rivers) |
1885 |
9 / 21 | Excerpts from The Journals of Captain Meriwether
Lewis and Sergeant John Ordway... edited by Milo M. Quaife |
1916 |
9 / 22 | "Logbook of Steamer W.S. Lewis," 1866; "Continuation
of the Ida Fulton's Log," 1866; "Log of Steamer Scarred Wolf, sometimes called
Bertha," 1868; "Log of Steamer Bertha from Sioux City, Iowa, to Fort Benton, Montana,"
1868; "Statement of Steamers that left St. Louis for Fort Benton..." from Collections
of the State Historical Society of North Dakota, vol. 2 |
1908 |
9 / 23 | "The Log of the Henry M. Shreve to Fort Benton in
1869" edited by William J. Petersen, Mississippi Valley Historical Review, vol. 31,
No. 4 |
1945 |
10 / 1 | "The Purpose of the Lewis and Clark Expedition", by
Ralph B. Guinness, Mississippi Valley Historical Review, vol. 20, No. 1 |
1933 |
10 / 2 | Profile of the Fox River, Wisconsin |
undated |
10 / 3 | Louis Dietrich vs. Steam Dredge and Amalgamator (re
wages and other payments owed by Montana Mining, Land and Investment Company for work
done by various people on the company's dredge on Jefferson River) |
1893 |
10 / 4 | Montana Power Company vs. Federal Power Commission
(re appeal of Commission's requirement that Company apply for a license for nine
hydroelectric dams) |
1950 |
10 / 5 | U.S. vs. The Steamer Montello (re failure to comply
with regulations concerning inspection of passenger steamers) |
1874 |
10 / 6 | "Diary of James Henry Morley in Montana," transcribed
by Mrs. James Henry Morley [same as SC 533] |
1862-1865 |
10 / 7 | Excerpt from diary of Mrs. W.F. Sanders [same as MC
53, Box 3, Folder 15] |
1867 |
10 / 8 | U.S. Congress, "An Act making appropriations for the
construction, repair, and preservation of certain public works on rivers and
harbors..."; "An Act to authorize the Capital City Improvement Company, of Helena,
Montana, to construct a dam across the Missouri River" |
1896, 1906 |
10 / 9 | "Articles of agreement between the Great Falls Power
Company and the United States granting rights of way over public lands under the
jurisdiction of the Department of the Interior" |
1913 |
10 / 10 | U.S. Congress "An Act to repeal timber-culture
laws..."; "An Act to authorize the Missouri River Power Company of Montana to
construct a dam across the Missouri River" |
1891, 1894 |
10 / 11-12 | Thomas Jefferson letters to Meriwether Lewis re
planned expedition [photocopy barely legible] |
1803 |
10 / 13 | Meriwether Lewis letter to Thomas Jefferson
announcing successful completion of expedition [photocopy] |
1806 |
10 / 14 | Lists of departures of steamers from Fort Benton |
1877 |
10 / 15 | "Steamboat navigation on the Missouri River with
special reference to Yankton and vicinity," by R.E. Nichol, University of South Dakota
[same in Library collections] |
1936 |
Clippings Return to Top
Container(s) | Description | Dates |
---|---|---|
Box/Folder | ||
10 / 16 | The Benton Record (re steamer arrivals) |
1882 |
10 / 17 | Great Falls Tribune (re recreational boating on
Missouri River) |
1942 |
10 / 18 | Helena Daily Herald (re travel on Missouri River) |
1867, 1882, 1886 |
10 / 19 | Helena Daily Independent (re Townsend-based steamboat
Ferm) |
1923 |
10 / 20 | The River Press Fort Benton (re steamboat arrivals
and departures) |
1882-1887 |
10 / 21 | The River Press Fort Benton (navigation special
edition: includes many articles on history of steamboating on Missouri River) |
June 1937 |
Names and SubjectsReturn to Top
Subject Terms
- Electric Power--Montana
- Electric Utilities--Law and Legislation--Montana
- Missouri River-- Commerce
- Missouri River-- Description and Travel
- Public Utilities--Regulation--Montana
- Steamboat Travel--Missouri River
- Steamboats--Missouri River
Corporate Names
- United States. Federal Power Commission (creator)
Geographical Names
- Black Eagle Dam (Mont.)
- Canyon Ferry (Mont.)
- Canyon Ferry Dam (Mont.) [1ST: 1896-1949]
- Canyon Ferry Dam (Mont.) [2ND: 1949- ]
- Cascade County (Mont.)
- Gallatin County (Mont.)
- Great Falls (Mont.)
- Hauser Dam (Mont.)
- Hebgen Lake (Mont.)
- Holter Dam (Mont.)
- Lewis and Clark County (Mont.)
- Madison Dam (Mont.)
- Missouri River--Barrages
- Morony Dam (Mont.)
- Rainbow Dam (Mont.)
- Ryan Dam (Cascade County, Mont.)
- Upper Missouri River