Introduction | Essay | Script | Lessons | Resources
ACT II, SCENE SIX (Finale — TVA)
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CHARACTERS
- TWO MEN ON STREET
MAN ON SOAP BOX
BROKER (MAN)
STOCKHOLDER (WOMAN)
DISTRICT COURT JUDGE
- FIRST BUSINESSMAN
SECOND MAN
SECOND BUSINESSMAN
HOUSEWIFE
SECOND HOUSEWIFE
COURT OF APPEALS JUDGE
CROWD OF MEN
FARMER
WORKER
LOUDSPEAKER
VOICE OF CHIEF JUSTICE HUGHES
FORNEY JOHNSTON Counsel for Supreme Court
JAMES M. BECK
VOICE OF JUSTICE MC REYNOLDS
JOHN LORD O BRIAN, Counsel for Gov't.
FARMER
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ELECTRIC SERVICE COMMISSIONER
CITY MANAGER
PUBLIC SERVICE COMMISSIONER
FARMER
BUSINESSMAN
CITY DWELLER
CONSUMER-AT-LARGE
MAN
GOVERNOR BIBB GRAVES, of Alabama
GOVERNOR HILL MC ALISTER, of Tennessee
SENATOR GEORGE W. NORRIS, of Nebraska
- FIRST MAN
SECOND MAN
FIRST WOMAN
SECOND WOMAN
THIRD MAN
THIRD WOMAN
FOURTH MAN
FIFTH MAN
FOURTH WOMAN
SIXTH MAN
FIFTH WOMAN
SIXTH WOMAN
SEVENTH MAN
EIGHTH MAN
NINTH MAN
ANOTHER MAN
JAMES LAWRENCE FLY, Solicitor
REPRESENTATIVE JOHN E. RANKIN, Mississippi
OTHER PARADERS
(lights come up on two MEN walking across stage, left to right. As these MEN cross stage, lights hit various groups one after another, showing similar scenes depicting the tremendous interest and argument the TVA question has provoked all over the country. The groups include MAN ON STREET, EXECUTIVE, MAN ON A SOAP BOX, a BROKER and a STOCKHOLDER, two BUSINESS MEN, JUDGES rendering the early decisions on TVA. The lines are flung out staccato.)
MAN ON STREET: What do I care? If it cuts my bills I'm for it!
EXECUTIVE: It's un-American, that's what it is!
STOCKHOLDER [Woman]: What about my stocks? What about my dividends?
DISTRICT COURT JUDGE: Unconstitutional!
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FIRST BUSINESS MAN: This means the death sentence for private industry!
MAN ON SOAP BOX: We've got to have a yardstick! (A group of WORKING MEN and WOMEN straggle in.)
SECOND BUSINESS
MAN
MAN ON SOAP BOX: The Government has the right!
SECOND BUSINESS MAN: The Government has no right!
MEN (in CROWD—ad libbing): Un-American; it's fair; it's unfair; unconstitutional; the Government has the right; the Government has no right; constitutional; yes; no!
FARMER: We need light!
WORKER: We need power!
(The lights dim out slowly. Single words are heard above the music: un-American! Stocks! Dividends! Unconstitutional! Yardstick! Light! Power!, etc., etc. Above this is heard the LOUDSPEAKER.)
LOUDSPEAKER: The argument grows! East and West, the man on the street, the consumer, the stockholder, all take it up! The lower court says:
(Light on JUDGE on platform, right.)
DISTRICT COURT JUDGE: Unconstitutional!
LOUDSPEAKER: The Court of Appeals says: (Light on JUDGE on platform, left.)
COURT OF APPEALS JUDGE: Constitutional! (Lights dim out on JUDGES.)
LOUDSPEAKER: December 19, 1935, Washington, D. C. The fight to invalidate the TVA reaches the Supreme Court, in the suit brought by minority stockholders of the Alabama Power Company. [New York Times, February 18, 1936.]
(Rear curtain opens, disclosing Supreme Court bench, above which are nine masks representing the faces of the nine Supreme Court Judges. Lights come up on the masks.)
VOICE OF CHIEF JUSTICE HUGHES: Do you challenge the authority of the Government to sell the power?
LOUDSPEAKER: Forney Johnston, counsel for the stockholders.
(Light on JOHNSTON on platform, left center.)
JOHNSTON: We undoubtedly do, for non-Government purposes.
LOUDSPEAKER: James M. Beck for the stockholders. (Light on BECK standing on platform, right center.)
BECK: It is a scheme to peddle electricity to the largest number.
LOUDSPEAKER: Mr. Justice McReynolds.
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VOICE OF JUSTICE MC REYNOLDS: Does the Government maintain that it can manufacture electricity at Wilson Dam and sell it in competition with private industry all over the country?
LOUDSPEAKER: John Lord O'Brian, counsel for the Government.
O'BRIAN (O'BRIAN appears on platform, center): Shall the power which belongs to the people be wasted?
Blackout
(Light remains on Supreme Court during the following scenes.)
LOUDSPEAKER: The minority opinion.
VOICE OF MC REYNOLDS: The record leaves no room for doubt that the primary purpose was to put the Federal Government into the business of distributing and selling electric power through certain large districts, to expel the power companies which had long serviced them.
LOUDSPEAKER: Which had long serviced them!
(The following staccato scenes take place down stage. In a sense they are flash-backs showing the plight of farmers not serviced by the companies and small consumers of electricity. Light up on FARMER and ELECTRIC COMPANY MANAGER, left.)
FARMER: By God, I've got to have light, I tell you!
MANAGER: You can have all the light you want. All you've got to do is pay for the price of poles and wires.
FARMER: But my farm's mortgaged up to the hilt already! (MANAGER just shrugs his shoulders.)
Blackout
(Light on CITY MAN and PUBLIC SERVICE COMMISSIONER, right.)
MAN: My bills're too high.
PUBLIC SERVICE COMMISSIONER: No higher than anybody else's.
MAN: But they're all too high. (COMMISSIONER just shrugs his shoulder.)
Blackout
LOUDSPEAKER: The majority opinion, Chief Justice Hughes.
VOICE OF HUGHES: ...Water power, the right to convert it into electric energy, and the electric energy thus produced constitute property belonging to the United States. Authority to dispose of property constitutionally acquired by the United States is expressly granted to the Congress by Section Three of Article Four of the Constitution of the United States. [New York Times, February 18, 1936.]
LOUDSPEAKER: The Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States, and nothing in this Constitution shall be so construed as to prejudice any claims of the United States. [Constitution of the United States]
VOICE OF HUGHES: We come then to the question of the method which has been adopted in disposing of the surplus energy generated at the Wilson Dam. That method, of course, must be an appropriate means of disposition according to the nature of the property, and it must be one adopted in the public interest as distinguished from private or personal ends.
LOUDSPEAKER: In the public interest!
(Light up on FARMER, BUSINESS MAN, CITY DWELLER and CONSUMER-AT-LARGE, lined up down stage, left to right.)
FARMER: We raise the food you eat, millions of us. Are we the public interest?
BUSINESS MAN: There are twelve billion dollars invested in the electric industry. [McCarter, Thomas N., "Memorial to the President of the United States," December 17, 1934.] Are we, the stockholders, the public interest?
CITY DWELLER: There are millions of us city folks who stand to gain if rates are cut. The money saved will buy more food and clothing. Are we the public interest?
CONSUMER-AT-LARGE: If monopoly is necessary we must have a yardstick to do the work of competition and keep rates down. Are we the public interest?
LOUDSPEAKER: Who is the public interest?
(The MEN turn toward Supreme Court bench as lights fade out.)
VOICE OF HUGHES: The question of the constitutional right of the Government to acquire or operate local or urban distribution systems is not involved.
LOUDSPEAKER: The decision!
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VOICE OF HUGHES: The pronouncements, policies and program of the Tennessee Valley Authority and its directors did not give rise to a justifiable controversy...
(Lights go out on Supreme Court bench. Rear curtain closes. MAN rushes upon stage, center.)
MAN: TVA has won!
(A crowd of people comes on from all entrances as red, blue, yellow and amber side-lights light up entire stage. An impromptu parade is started. They throw streamers and confetti and general carnival spirit prevails. Over the noise is heard:)
LOUDSPEAKER: Governor Bibb Graves of Alabama.
(Lights on platform, up center.)
GOVERNOR GRAVES: It was a great victory for the Government. It will enable America to compete more successfully in world markets! [New York Times, February 18, 1936.]
(Light on platform goes out.)
LOUDSPEAKER: Senator George W. Norris. (Light up on NORRIS, on platform.)
SENATOR NORRIS: It seems to me that this was the only logical conclusion that unbiased minds could reach [Ibid.] (Light out on platform.)
LOUDSPEAKER: Governor Hill McAlister of Tennessee. (Light on platform.)
GOVERNOR MC ALISTER: This is the first break we've got. As Governor I am gratified at the decision, since it means so much to Tennessee. I have always been a backer of TVA and this ruling settles the whole business. [Ibid.]
(Light covering platform goes out. Between the foregoing speeches the paraders continue.)
LOUDSPEAKER: Bulletin — October 13th, 1936.... Charging coercion and conspiracy, the West Tennessee Power and Light Company today asks the United States District Court for an injunction to prevent the PWA from granting a loan to the town of Jackson city to construct a distribution system for the handling of TVA power. [New York Times, October 14, 1936.]
(The paraders, who have come to a stop, regard each other in consternation. Lights slowly dim to half light, and solve side-lights come on from left and right. As following CHARACTERS speak, they step down front and are picked up by front spotlights.)
FIRST MAN: But the Supreme Court decision—
SECOND MAN: —didn't settle this at all!
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FIRST WOMAN: Water power—
SECOND WOMAN: —the right to convert it into electric energy—
THIRD MAN:—and the electric energy thus produced—
THIRD WOMAN: —constitute property—
FOURTH MAN: —belonging to the United States!
FIFTH MAN: Authority to dispose of property—
FOURTH WOMAN: —constitutionally acquired—
SIXTH MAN: —by the United States—
FIFTH WOMAN: —is expressly granted—
SIXTH WOMAN: —to the Congress—
SEVENTH MAN: —Section Three—
SIXTH WOMAN: —Article Four—
EIGHTH MAN: —of the Constitution of the United States! (MAN steps out from group.)
NINTH MAN: Yeah! Listen!
LOUDSPEAKER: December 22nd, 1936.... United States District Judge John J. Gore signs a decree restraining the TVA from constructing new transmission lines and substations, and from serving new power customers. [New York Times, December 23, 1936.]
(The people brush the confetti from their clothes, and start walking around slowly, dejectedly. During this action all lights except the blue side-lights dim slowly out.)
LOUDSPEAKER (continuing): Thus nineteen utility companies put a temporary blight on the hopes of the people of the Tennessee Valley. The injunction means immediate dismissal to six hundred and fifty workers in TVA, the paralyzing of an amazing social program [Ibid.]. People awaiting the coming of cheap power must wait longer and longer while lawyers and courts untangle constitutional questions. But the people of the Valley decide to fight....
(Lights come up on a group of MEN and WOMEN, center.)
LOUDSPEAKER (continuing): The Central Labor Union of Knoxville, Tennessee, adopts a resolution calling for—
(Out of the group a MAN speaks.)
MAN: ...for Judge Gore's impeachment. An inferior Federal Judge has seen fit, for no apparent reason, to decide the Supreme Court was wrong. [Ibid.]
LOUDSPEAKER: James Lawrence Fly, Solicitor for the TVA...
(FLY steps out from group.)
FLY: This is a serious blow. An appeal will be taken. [Ibid.]
LOUDSPEAKER: Representative John E. Rankin, Mississippi. (RANKIN steps out from group.)
RANKIN: We must put a stop to these abuses of judicial power. [New York Herald Tribune, December 18, 1936.]
(The lights dim down to one-fourth. The scrim comes in, and movies of TVA activity are shown.)
LOUDSPEAKER: Again the question marches toward ultimate decision by the Supreme Court... (Rear traveler curtains open and lights come up on Supreme Court) ...of the United States. The fundamental constitutionality of TVA will be decided. Upon it will rest the social and economic welfare of the people of the Tennessee Valley... (Red, yellow, blue and amber side-lights come on to half, covering the entire group standing down stage in front of platform) ...and the character of future legislation for Boulder Dam and other projects through which the people seek to control their water power, to save their soil, and to obtain cheap energy. (All people on stage take one step forward.)
ENSEMBLE: What will the Supreme Court do?
(A huge question mark is projected on to the scrim as the
Curtain falls
(The question mark remains on house curtain until house lights are brought up.)
Finis
NOTE: The foregoing finale is subject to change when the TVA issue is finally decided by the United States Supreme Court.
Introduction | Essay | Script | Lessons | Resources