Harold Hitz Burton

“ It should not take the view of the Attorney-General of Iowa as authoritative on a statute not construed by the Supreme Court of Iowa when we are called upon to make the adjustment in federal-State relations which Congress has enjoined in § 9 (b) . After all, advocates, including advocates for States, are like managers of pugilistic and election contestants, in that they have a propensity for claiming everything. Before conflict can be found between federal and Sta e legislation, construction must be given the State legislation. ”

“ The Commission must pass independently on an unconstrued State statute; its construction may then come before the Court of Appeals for the District and eventually before this Court. Even then the possibility remains that this Court's decision will be followed by one in the State court ruling, as has not been unknown, that this Court's interpretation was in error. In any event, mere speed is not test of justice. Deliberate speed is. Deliberate speed takes time. ”

“ It does mean that we must adhere to the express Congressional mandate that the public interest which underlies the Federal Power Act involves the protection of particular matters of intimate concern to the people of the States in which proposed projects requiring the sanction of the Federal Power Commission are to be located. ”