Thursday, May 22, 2014

Gloucester, VA BoS Member, Chris Huston, Violating State Code? Conflict of Interests?

On Tuesday night, May 20, 2014Gloucester County, Virginia Supervisor Christopher A. “Chris” Hutson voted to approve the Terrapin Cove Sewer project.  Part of the project entails installing public sewer along Laurel Drive at Gloucester Point.  The vote was 4 in favor of the project and 3 against it.
The following information was obtained from the Gloucester County website and is for property on Laurel drive that is owned by the parents of Hope Hutson.  Hope Hutson is the wife of Gloucester Supervisor Christopher Hutson and the property is where Mrs. Hutson grew up. 
Mr. Hutson should have abstained from voting on anything to do with the Terrapin Cove sewer project from our view.
General Property Information:
Owner Information:
Property Owner: THE BREEDEN TRUST
Owner Address:
PO BOX 122
GLOUCESTER POINTVA 23062
RPC #: 32740
Property Information:
Legal Description: RIVERDALE SUBD SEC C
Total Land Area: 0.383
Physical Location:
1672 LAUREL DR
Magisterial District: Gloucester Point
Tax Map #: 051C 5 C 5
  
Details:
Building 1  $129,400.00   
Other Improvements:  $13,800.00   
Land Value:  $53,000.00   
Total Value:  $196,200.00






Our Notes:  How many other board members were aware that Mr Hutson has personal interests in this area?  Did Mr Hutson ask certain other BoS members for favors to get the above passed in his favor?  What must Mr Huston vote on that he might be against in the future that he will be forced to change his vote on in order to return any favors?  Is this one of the tests that we talked about yesterday on why certain people are in public service?  Did Mr Hutson just show us that he is in Public Service for his own personal interests and personal gain?  We actually have more information on that that helps to answer this question and some big surprises are coming up about Mr Hutson's background.

  In the mean time, we recommend that the BoS consult an outside source competent attorney that can explain to them the meanings of conflict of interest.  Ted seems to have a history that would suggest he just covers those up.

Gloucester, VA, A Thank You To 3 BoS Members

I sent the following email thank you note to the Board of Supervisors after four of them voted to spend over $500,000 dollars to unnecessarily extend public sewer into an existing neighborhood at Gloucester Point. I can hardly wait until the next election season. 
 
I and many others say “thank you” to Mr. Myer, Mr. Winebarger and Mr. Bazzani for voting against proceeding with the Terrapin Cove sewer project.  Unfortunately for the majority of the County, the project is moving forward.
 
Spending that amount of money without proven justification of the need is not demonstrating good stewardship of the citizen’s money.  There were no condemnation orders and no warnings from any regulatory agencies.  There were no reports indicating sewer infiltration into the adjacent waterways. There were no inspection reports indicating unsuitable soils.  There were no reports of sewer water rising out of the ground.  The monitoring wells placed by public works were not secured to prevent tampering and soil was not properly mounded around the wells to prevent runoff infiltration.  The same results will be achieved throughout the majority of Guinea and in many other areas without sewer if such a test were done.  No swimming pools in the neighborhood have floated out of the ground including on Berkley Court.  Numerous owners on Berkley Court have allowed their drain fields to be overgrown with trees, shrubs and the likes.  Now the majority of the citizens in Gloucester will pay because those property owners failed to maintain their systems.  It is very likely that the majority of the homes associated with the project will not connect and no commitment from the associated homeowners was obtained before deciding to have the majority of citizens pay for the convenience of a hand full.
 
I will refrain from listing what could have been accomplished with that amount of money, but only until the next election season.

Respectfully,
Kenneth E. Hogge, Sr.
Gloucester Point

Undermining The Constitution A HISTORY OF LAWLESS GOVERNMENT (Part 8)

Battle of the Hook, 2013
Battle of the Hook, 2013 (Photo credit: Battleofthehook)
By Thomas James Norton

WITHOUT A GRANT OF CAPACITY IN THE CONSTITUTION TO CREATE A CORPORATION, CONGRESS INCORPORATED IN MAY, 1933, THE TENNESSEE VALLEY AUTHORITY, WHICH MANUFACTURES, ON THE MONEY OF THE TAXPAYERS, ELECTRIC POWER FOR SALE IN COMPETITION WITH PRIVATE CAPITAL
It might be argued that, under the coefficient or Sweeping Clause of the Constitution, quoted in the preceding chapter, as applied by the Supreme Court respecting a banking corporation for the needs of the Government, Congress could create a corporation deemed "necessary and proper" to aid its lawful activity in the control of floods of an interstate river and the promotion of navigation thereon.
But it certainly has no authority to create a corporation for the manufacture and sale of electric power in competition with private industry.
Making electric power not for United States Government
That was conceded by counsel for the United States before the Supreme Court in the case to be examined, and was pointed out by Chief Justice Hughes.
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However, the Tennessee Valley Authority is manufacturing and selling electric power in large volume, and many persons and newspapers passing as among the thinking classes are charmed with the results.
Of course, the schools, colleges, and universities left those classes without understanding of what is more important than any valley made lovely with other people's money, namely, that "departure from the lines there laid down," as President Cleveland said of the Constitution, "is failure."
People easily misled by easy getting
Thus, what seems to some a great success in the development of a valley may be in reality a failure in government, tending to destroy free enterprise, property rights, and the liberty which the Constitution was designed to protect and promote.
There has been great rejoicing in the Northwest also and among Socialists throughout the country over the construction by the Government of the Bonneville and the Grand Coulee dams in the Columbia River, about 400 miles apart. But the question raised regarding the achievements in the Tennessee Valley presents itself as to those projects: can "departure from the lines" laid down in the Constitution be compensated for by all such developments imaginable?
As valleys from the Atlantic to the Pacific, and the wide plains between, have been developed without breach of the Constitution, why should disregard of the limitations which it prescribes be advocated and practiced now? In the development of the United States, unprecedented in the activities of men, prosperity in each valley and each


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region has been achieved by the brains, labor, and money of the dwellers. The residents of no area have thought of asking the people of the rest of the country to provide the money for bringing development to their locality!
Development of valleys not function of Government
Neither did the people of the Tennessee Valley ask for this project. The idea originated in the minds of Socialists, Fascists, and political adventurers far away. The idea was not so much to develop this particular valley, industrially, as it was to "grab off" this promising location as a means of demonstrating in the United States the beauty and utility of an alien belief at variance with our constitutional system. And, as before said, many who should know better think the demonstration has been a charmer.
It is the money of the people in all the States that paid for and is continuing to support "the wonderful works" in Tennessee. The doings are unfair as well as unconstitutional.
The propagandizing activity of the Tennessee Valley Authority in carrying the beauties of this Socialism and Fascism to the public has been so persistent (and expensive) as to draw criticism in Congress. It has had its effect on many.
Did General Eisenhower speak of power projects of T.V.A.?
It may be that those unconstitutional power projects were in the mind of General Dwight D. Eisenhower when, as President of Columbia University, he spoke on Febru-


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ary 10, 1949, to a group of students about "a creeping paralysis of thought" which leads to dictatorship. Addressing 130 leaders of students in preparatory and high schools, the General, who had opportunity to learn all about the way things go in Washington, said:
"There is a kind of dictatorship which can come about through a creeping paralysis of thought, readiness to accept paternalistic measures of Government, and along with those paternalistic measures coming a surrender of our own responsibilities and, therefore, a surrender of our own thought over our own lives and our own right to exercise our vote indicating the policies of our country."
Revelations respecting extraordinary growth of bureaus
General Eisenhower may have had in mind too the report of the Committee on Organization of the Executive Branch of the Government, headed by former President Hoover, that "billions -- not millions -- but billions" could be saved by reshaping and reducing the 1,800 bureaus running at large and employing 2,200,000 civilian workers, increased from 580,000 twenty years ago. The pay of those employees increased from $1,000,000,000 to $6,500,000,000 a year. They, with the voting members of their families, can control the election of the President.
On May 13, 1933, Congress created the Tennessee Valley Authority as a body corporate "for the purpose of maintaining and operating the properties now owned by the United States in the vicinity of Muscle Shoals, Alabama, in the interest of national defense and for agricultural and industrial development, and to improve navigation in the Tennessee River and to control the destructive


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flood waters in the Tennessee River and Mississippi River Basins."
Agricultural and industrial development by Congress not authorized
What clause of the Constitution authorizes Congress to concern itself with "agricultural and industrial development"? None. That part of the Act is lawless.
By implication, the Commerce Clause empowers Congress "to improve navigation" of waters carrying interstate commerce and to control "destructive floods" in such streams.
But it receives from the Constitution no authority respecting "agricultural and industrial development." Then, why were those words employed by the nonelected persons who drafted the Act? Were they ignorant of the Constitution, or contemptuous of it?
"The properties now owned by the United States in the vicinity of Muscle Shoals" referred to the Wilson Dam, which was begun in 1917 and completed in 1926 under authority of the National Defense Act of June 31, 1916, which empowered the President to have investigation made as to "the best, cheapest and most available means for the production of nitrates and other products for munitions of war." That provided also for the designation of exclusive sites upon navigable or nonnavigable rivers or the public lands for carrying out the purposes of the Act; and it authorized the President "to construct, maintain, and operate" on any such sites "dams, locks, improvements to navigation, power houses and other plants and equipment ... for the generation of electrical or other power and for the production of nitrates or other products


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needed for munitions of war and useful in the manufacture of fertilizers and other useful products." (The foregoing italics are inserted.)
The National Defense Act of 1916 was passed in expectation of the war which we declared on Germany ten months later.
But why did the draftsmen of that act bring in with "munitions" of war "the manufacture of fertilizers and other useful products"?
Fascist corporation planned before election of 1932
That the Act creating the Tennessee Valley Authority, which is long enough to fill ten columns of a newspaper, and which is of almost infinite and very difficult detail, could have been put through Congress two months after inauguration, means that it had been worked out long before the election of November, 1932. It had been kept in the dark from the writers of the platform and it never was revealed from the stump to the people. Alien-minded persons outside Government had probably prepared the Fascist creature for the incoming group.
In 1946 the Tennessee Valley Authority, besides producing electric power, was engaged in the manufacture of agricultural implements, of fertilizer for agriculture, and of the instruments of sanitation. It was engaged in mineral development, in providing means of recreation, in the care and promotion of wild life, in demonstrations, in farm management assistance, and in many other activities. On these, it lost for the year the money of the taxpayers to the amount of $3,600,000.


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Heavy losses to taxpayers maintaining T.V.A.
Its losses on the manufacture of power and all other activities amount to $8,041,000 for the year 1946. From its beginning in 1934 it has cost the taxpayers almost $100,000,000. These figures are from an analysis of the financial statements of the corporation by the Edison Electric Institute -- a trade association representing about 75 per cent of the private electric light and power industry.
An analysis of the records of Tennessee Valley Authority for the United States Chamber of Commerce was made by C. J. Green, formerly accountant for the Federal Power Commission, and given to the Press in October, 1948. He found that from May, 1933, to June, 1946, funds of the Treasury -- of the taxpayers -- invested in all Tennessee Valley Authority activities totaled $742,386,524. From that he subtracted $74,525,261 in Treasury investments not connected with river power, and added $44,394,436 for power investments "omitted" by Tennessee Valley Authority in its accounting system, arriving at a net power investment of public funds of $712,255,699.
T.V.A. has advantages over private investors
He found that if Tennessee Valley Authority had paid taxes on the basis on which private power companies paid, it would have returned to governments $155,237,363 for their support.
Had Tennessee Valley Authority been obliged to pay interest on the funds which the Treasury provided from the pockets of the taxpayers, the money would have cost it $78,309,109.


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How can private investors in electric power companies compete with a set-up like that?
And yet many commentators and propagandists have severely condemned the "selfish" and "anti-social" spirit of private investors who have complained of and offered opposition to such competition from the corporations of Fascism! Thus, we have almost reached in our Republic the equivalent of lese majesty. It may be with us tomorrow.
Congress apparently tiring of no returns
The Appropriations Committee of the House of Representatives has proposed that the Tennessee Valley Authority be required to repay within forty years the funds of the Treasury establishing and enlarging it.
But how can that be done unless the Authority has income? And how can it derive income from dams and reservoirs merely controlling floods?
"Flood control" is the disguise in which the Fascists wrapped themselves when they "put across" within two months after inauguration in 1933 a complicated bill of more than 10,000 words which must have been in preparation long before the election in November. The constitutional enemy from Europe was waiting to come in.
President Roosevelt's argumentation for Fascism
When the Government's entry into this business was under discussion, President Roosevelt argued that it was necessary to provide a "yardstick" for the prices which the


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manufacturers of electricity should charge the public, the contention being that those prices were then out of all reason.
Still, if that were true -- and it was not, for the States had power to prescribe and regulate rates and were doing so -- that was none of the business of the United States.
As private power companies pay Federal, State, and local taxes, it was determined that the Authority (probably to appear "fair") should not be entirely tax free, so it and its distributors contributed as a donative about 4.5 per cent of their combined gross power income to State and local treasuries. The Georgia Power, a competitor, contributed 5.5 per cent of its gross intake to State and local taxes.
Private investors support government
But the Authority paid (1946) no Federal taxes, while the Georgia Power paid 17.5 per cent of its gross to the United States. To Federal, State, and local taxation combined, the private owner thus paid 23 per cent of its gross income, while the Authority paid 4.5 per cent of the gross of itself and its distributors.
That is a mathematical demonstration of the purpose of the Government of the United States to drive private power companies out of business and become to that extent a corporative state of Fascism. In a dissenting opinion in the case arising out of this Tennessee Valley activity on the part of the native aliens in Washington, Justice McReynolds showed from the record that the purpose was to drive private investors out.


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Competition by government destructive to private investors
And in March, 1947, a press dispatch from Boston said that the President of the Puget Sound Power and Light Company recommended the sale of the properties of the company "to public power agencies, the Grand Coulee Dam, the Bonneville Dam, and others, as the only way to protect the stockholders' interest." In a speech at a meeting of stockholders he "charged unfair competition from government-owned utilities" which "makes it impossible for public and private power distributors to operate side by side." A power company of the Government would, he said, "escape about $2,600,000 annually in Federal taxes and 1 million in State and local taxes paid by this company." He said, further, that "Government-subsidized competition has cut rates and earnings to the point where the company cannot expect to attract private investment capital."
All that sort of advantage to the monopoly of Government was shown of record in the case of the Tennessee Valley Authority, which case (297 U. S. 288) arose out of the attempt of the common stockholders of a private power company to sell part of its property to the Tennessee Valley Authority in order to save themselves from a competition which they knew would finish them. The preferred stockholders resisted, and lost in the Supreme Court.


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The President's "yardstick" becomes a bludgeon
The Federal power companies are using as a bludgeon the "yardstick" of which President Roosevelt talked so much as a means of doing "justice." The Tenth Amendment forbids the United States to interfere thus in the field of local law. And, precedent to that, the Constitution forbids -- by not authorizing -- Congress to create a corporation for manufacturing and selling electric power, or doing any other business.
In the dissenting opinion in the case now to be examined, Justice McReynolds stated the purpose of the Socialists and Fascists who had "put over" the Tennessee Valley Authority:
"Public service corporations were to be brought to terms or put out of business."
It is manifest from the foregoing figures that they could not compete with a corporation which pays comparatively no taxes, and which operates on taxpayers' money, for which it pays no interest yearly. The Annual Report of the Secretary of the Treasury for 1945 shows that the United States (taxpayers) pays that interest for the money which it furnishes to the Authority.
When competing private power companies borrow money, they must pay interest at current rates, as they pay full taxes.
T.V.A. for power, not flood control

The analysis by the Edison Electric Institute of the reports of the Tennessee Valley Authority for 1946 shows these expenses for production:


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for Electric Power $6,198,023
for Navigation $2,309,548
for Flood Control $2,020,740
Those figures show that this corporation was created chiefly to manufacture and sell electric power. The pretense that it was primarily to control floods and develop navigation in an interstate river was pretense only.
On January 4, 1934, the Tennessee Valley Authority entered into an agreement with the Alabama Power Company for the purchase at more than $1,000,000 of some of its transmission lines and substations, for the purchase of some of its real estate, for the sale to the Power Company of "surplus power" of the Authority, and for (what used to be reprehensible) the division of territory between them.
Stockholders resisted entry of T.V.A.
Holders of preferred stock in the Alabama Power Company, believing the contract to be injurious to the company and also invalid, because beyond the power of the Federal Government, brought suit to have the performance of the contract enjoined, and thus save their property.
The United States District Court which heard the case granted an injunction on the ground that Congress had no constitutional power to engage in a permanent utility system.
The Circuit Court of Appeals reversed that decision. On appeal by the stockholders to the Supreme Court of the United States the latter decision was affirmed (297 U. S. 288) on February 17, 1936, Justice McReynolds writing a vigorous dissent.


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Very pertinent to the holding of the trial court that the action of Congress was unconstitutional is this language of the opinion of the Supreme Court, written by Chief Justice Hughes:
"And the Government rightly conceded at the bar, in substance, that it was without constitutional authority to acquire or dispose of such energy except as it comes into being in the operation of works constructed in the exercise of some power delegated to the United States."
Case against T.V.A. perfectly clear
That is, it could not, independently of flood control or improvement of navigation in the interstate river, use the dam and the machinery connected with it for the sole purpose of manufacturing electric power for sale. In the control of floods and in improving navigation, the machinery might generate more power than was needed for the purposes stated. It would be unreasonable to let that go to waste. It could be legally sold, as the general purpose of the operations was not to manufacture power for commercial sale.
But the act of 1916, the beginning of the Wilson Dam, contemplated not only the manufacture of nitrates for war, a constitutional activity, but also the production of things "useful in the manufacture of fertilizers and other useful products," an unconstitutional activity. And the act of 1933, creating the Authority to take over the Wilson Dam, said that it was for "national defense," a constitutional activity, and also "for agricultural and industrial development," an unconstitutional activity.
The Supreme Court viewed the case through a narrow


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slit and treated it as though it stood alone, whereas the record, as exhibited by Justice McReynolds, quoting from the pronouncements of the promoters, showed "no less a goal than the electrification of America," Since then the "goal" has been considerably attained.
In a dissenting opinion Justice McReynolds said that on the record the Court should have considered the truth of petitioner's charge that, while pretending to act within its powers to improve navigation, the United States, through corporate agencies, was really seeking to accomplish what it had no right to undertake -- "the business of developing, distributing and selling electric power."
Justice McReynolds saw through the fraud
Justice McReynolds said, "Public service corporations were to be brought to terms or put out of business."
The Justice quoted from the report of the Authority for 1934:
"When we carry this program into every town and city and village, and every farm throughout the country, we will have written the greatest chapter in the economic, industrial, and social development of America."
That made plain how little were flood control and navigation involved in the adventure. Of course, that development was not the business of the United States, any more than the development of the country in the past has been.
On the findings of fact made by the trial court, which Justice McReynolds said were not controverted, he called the act of the Government "a deliberate step into a forbidden field, taken with definite purpose to continue the trespass."


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President Roosevelt later confirmed view of Justice McReynolds
Precisely what Justice McReynolds stated of the purpose to continue a trespass in a forbidden field was admitted by President Roosevelt in a Press conference on November 14, 1944, shortly after he had been elected for the fourth time. This came in the dispatches from Washington (italics inserted):
"Of his seven water shed developments, Mr. Roosevelt said that the areas would center about a basic stream for each district. Water control would be a minor phase of activity compared to power development."
The need for secrecy and deception having passed, seemingly, the President let the cat out of the bag.
But there had been no cat in a bag except to the majority of the justices of the Supreme Court.[1]
And on May 11, 1948, the House of Representatives of the 80th Congress killed by a vote of 192 to 152 a bill of the bureau for the construction of a steampower plant in the Tennessee Valley to cost ultimately 84 million dollars.
1. An advertisement by the Electric Light and Power Companies in United States News and World Report of March 3, 1950, shows a map of the United States in which are stuck 209 pins with white heads and 491 with black heads, over 44 of the 48 States. The white heads show where electric power plants are now operated or financed by the Federal Government, and the black pins mark the places where electric plants are under construction with taxpayers' money. The map presents a frightening picture. It goes to prove what Justice McReynolds said the record in this case established, that the Fascists had "no less a goal than the electrification of America." The United States is becoming Socialistic at top speed.


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Flood control and navigation superseded by steam
Those facts go even further than President Roosevelt did when he admitted that the whole scheme was from the beginning for the manufacture of power by Fascist corporations aided by the money of the taxpayers. Of course, a steam plant manufacturing electric power is absolutely unrelated to flood control and the promotion of interstate navigation.
And the Supreme Court, notwithstanding what Justice McReynolds disclosed from the record, permitted itself to be taken in by the fraudulent pretenses of the promoters of Fascism!
In addition to that stupendous nongovernmental project, which has cost the taxpayers heavily every year -- $41,839,062 in 1939, for instance -- there are the Grand Coulee Dam Project of August 30, 1935, the Bonneville Project of August 20, 1937, on the Columbia River; the Fort Peck Project of May 18,1938, on the Missouri River, and numerous other projects covering the map -- all illegal power projects.
We were suffering from what General Eisenhower called "creeping paralysis" when those projects were pushed through!
Flood control fraudulent pretense of Fascism
The Federal Power Act of August 26, 1935, for the acquisition of power sites, plainly evidenced a comprehensive purpose of Government to manufacture and sell electric power, through Fascist corporations and with the money of the taxpayers, in competition with private inves-


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tors and manufacturers and in violation of the Constitution.
The record raising the question whether the Government of the United States was bent on controlling floods in navigable rivers and promoting navigation in them, or whether it was in reality on an adventure in Socialism should have given pause to the Supreme Court.
Question should not have been decided by the Supreme Court
The question was for the Ultimate Court. It was for the Constituent Assembly, the people acting in their capacity as constitution makers, to say whether that business, stopped by the sound injunctive order of the United States District Court, should go further. It was the right of the people, passing on a proposal to amend the Constitution, to say whether they wanted their Government in the business of manufacturing and selling electric power, or in any other business. The departure from the law respecting the carrying on of business since the time of Magna Carta, 721 years before, was so radical that it was the duty of the Judiciary to stop it, as the trial court did, until the question could be carried to the people for decision.
That is what the court of Chief Justice Fuller did in 1895 with an income-tax law in disregard of a limitation stated in the Constitution. It told the proponents of the income-tax idea to take it to the people, as the Court would not try to rewrite the Fundamental Law.


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In later case Chief Justice stated principle correctly
And in a concurring opinion holding (298 U. S. 238) the Bituminous Coal Act of 1935 in conflict with the Constitution, this was said by Chief Justice Hughes:
"If the people desire to give Congress the power to regulate industries within the State, and the relation of employers and employees in those industries, they are at liberty to declare their will in the appropriate manner; but it is not for the Court to amend the Constitution by judicial decision."
It is lamentable that that principle was not applied by the Supreme Court respecting the Tennessee Valley Authority. For the time must come when the people will refuse to submit to taxation for money to be used in such ways. And it is fully as important that the tremendous and malign influences of such bureaus in the Government as propagandists be brought to an end.
With such forces pouring out "information" to the public all the time in torrents, it is, of course, impossible for the public to be rightly informed.
T.V.A. persistent danger to public opinion
The Tennessee Valley Authority has been a powerful and dangerous propagandist. The United States Government Printing Office put out "Progress in the Valley: T V A, 1947" -- an 82-page book printed on heavy paper, with 7 costly pictures of the wonders accomplished for man, woman, and child in the Valley, and for invention, manufacture, and recreation.


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On page 74 the book says that the average rate paid by "large industrial consumers" during the past year was 0.64 cents per kilowatt hour, in comparison with "0.93 paid by industrial consumers throughout the United States."
First, why should "large industrial consumers" be cared for by the American taxpayers?
Promptly upon the turning of machinery by the Tennessee Valley Authority, the Aluminum Company of America and the Monsanto Chemical Company, two of the largest manufacturers in the country, went down from the North and began business in the Valley under long-time contracts for cheap power at the cost of the taxpayers! They recognized a golden "yardstick" when it appeared.[2]
2. A dispatch from Washington on April 5, 1949, showed that "big business" has taken over heavily the benefits of the cheap power provided by the taxpayers. In the Tennessee Valley are the Aluminum Company of America, the Monsanto Chemical Company, the Reynolds Metals Company, the Electro Metallurgical Company, the Victor Chemical Company, the Tennessee Copper Company, and the Reynolds Alloys, taking over 28 per cent of the total output.
In the Northwest the power generated at the Bonneville and Grand Coulee dams on the Columbia River by the taxpayers was taken by the Aluminum Company of America, the Pemamente Metals Corporation, the Reynolds Company, the Electro Metallurgical Co., the Pacific Carbide Company, and the Pennsylvania Salt Manufacturing Company, among others.
The "yardstick" which the President was so desirous of providing to show what rates to the consumer should be charged was evidently of the highest satisfaction to large corporations. Now the complaint at Washington is that the consumers in the homes and other small users are threatened with a shortage unless Congress will authorize the construction of steam plants -- thus casting off altogether the cloak of navigation and flood control which Congress wore when it entered on this stage!


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Mathematics proves private capital cannot meet taxpayers' money
Second, it is manifest that a rate by Government of 0.64 must drive out of business companies charging 0.93. Justice McReynolds found that to be the grand purpose.
On page 79 the book reveals that through the fiscal year 1945 the Authority purchased "facilities totaling $125,000,000." Those acquisitions brought in "some 345,000 consumers, or about half of those now served."
If that is not swallowing competitors alive, what expression would describe it?
The Supreme Court held that as the Constitution provides (Art. IV, Sec. 3) that "the Congress shall have power to dispose of ... the territory or other property belonging to the United States," it could convert the water of the River into power and sell it as it disposes of coal or other minerals in the lands which it owns. But it does not own the water in the river. Besides, it sells from the public lands the coal or other mineral in its natural state. It does not, in competition with other manufacturers, convert potential into actual power. On that, Justice McReynolds said that the ownership of an iron mine by the United States would not "permit the construction of smelting works followed by entry into the business of manufacturing and selling hardware, albeit the ore could be thus disposed of, private dealers discomfited, and artificial prices publicized."
A great prophetic lawyer foresaw these cases
This decision upholding the Act of Congress creating the Tennessee Valley Authority, and the decision sustain-


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ing the National Labor Relations Act, and the decision sanctioning the Packers and Stockyards Act, bring to mind a passage from one of the lectures fifty years ago to the law students at Yale by John F. Dillon, who had sat on the Supreme Court of Iowa and on a Federal Bench, a great figure of that day. Dealing with the barriers set in the Constitution to keep Congress in its place -- to keep it out of "a boundless field of power no longer susceptible of any definition" -- with the barriers to keep a vaulting Chief Executive in his place, that great constitutionalist said:
"The value, however, of these constitutional guarantees wholly depends upon whether they are fairly interpreted, and justly and with even hand fully and fearlessly enforced by the courts. . . .
"If there is any problem which can be said to be yet unsettled, it is whether the Bench of this country, State and Federal, is able to bear the burden of supporting under all circumstances the Fundamental Law against popular, or supposed popular, demands for enactments in conflict with it."
The Judiciary, respecting which Judge Dillon had misgivings half a century ago, has certainly not grown stronger.
Whence authority to destroy productive land?
What overpowering necessity called for the drowning of 500,000 acres of cultivated land which the Farm Bureau of Tennessee found in 1941 to be producing each year crops valued at $14,415,300? Could the furnishing of cheap electric power by the President's new "yardstick" to powerful patrons of the Tennessee Valley Authority justify the de-


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struction of this natural value of the Earth? When the Salt River Valley had recently been reclaimed by irrigation from the desert and made immensely fertile and productive, and when other reclamation projects had been carried out and more were in prospect, by what line of reasoning could any "planner" have concluded that it was desirable to submerge forever more than half a million acres of the rich bottom lands along the Tennessee River?
But that destruction of fertile lands displaced 13,433 families, or 56,000 persons, and sent them adrift, as the war in Europe displaced persons and sent them wandering. For those in Europe we have expressed much compassion and to them we have given much help; but there has been no sorrowing over the displaced persons in the Tennessee Valley. True, those who were displaced in that Valley were paid for their lands, so far as money can compensate for the loss of homes sanctified by long living and clustered with the memories of generations.
Irreplaceable loss of production from land
Yet, even if the compensation had been sufficient to cover every element of value entering into the worth of a long-established home, there still remained, and will forever remain, unpaid for, the yearly production of $14,415,300 of foodstuffs and other products given by the land and needed and consumed by the American people. And even if the displaced persons found employment in the electric power plants which the Government set up without authority from the Constitution, who on earth had authority to determine that it was better for those persons to exchange the independence and security of life on their lands for the uncertainty of subsistence from a pay roll


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which is liable to be suspended at any time without any explanation to them?
Fascism thrust upon Tennessee Valley
As previously indicated, the people of the Tennessee Valley did not ask for the submergence of their lands.
Those adventures by means of Fascist corporations are probably the worst aggressions by Congress and the President upon the liberty and the property rights of the Americans.

All who have become enthusiastic over the "success" of the Tennessee Valley Authority, and of the other projects of Government for manufacturing electric power for the commercial market by using the money of the taxpayers without asking their permission, should think again and carefully consider the warning given centuries ago by Authority, namely, that men may gain the whole world and still be heavy losers.

Thanks to the folks over at Barefoot's world.  http://www.barefootsworld.net

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Anti Federalist Papers No. 44 – What Congress Can Do; What A State Can Not

A writer in the Pennsylvania Packet, under the signature of A Freeman, has lately entered the lists as another champion for the proposed constitution. Particularly he has endeavored to show that our apprehensions of this plan of government being a consolidation of the United States into one government, and not a confederacy of sovereign independent states, is entirely groundless; and it must be acknowledged that he has advocated this cause with as much show of reason, perhaps, as the subject will admit.
The words states, several states, and united states are, he observes, frequently mentioned in the constitution. And this is an argument that their separate sovereignty and independence cannot be endangered! He has enumerated a variety of matters which, he says, congress cannot do; and which the states, in their individual capacity, must or may do, and thence infers their sovereignty and independence. In some of these, however, I apprehend he is a little mistaken.
1. "Congress cannot train the militia. " This is not strictly true. For by the 1st Article they are empowered "to provide for organizing, arming, and disciplining" them; and tho' the respective states are said to have the authority of training the militia, it must be "according to the discipline prescribed by Congress. " In this business, therefore, they will be no other than subalterns under Congress, to execute their orders; which, if they shall neglect to do, Congress will have constitutional powers to provide for, by any other means they shall think proper. They shall have power to declare what description of persons shall compose the militia; to appoint the stated times and places for exercising them; to compel personal attendance, whether when called for into actual service, or on other occasions, under what penalties they shall think proper, without regard to scruples of conscience or any other consideration. Their executive officer may march and countermarch them from one extremity of the state to the other - and all this without so much as consulting the legislature of the particular states to which they belong! Where then is that boasted security against the annihilation of the state governments, arising from "the powerful military support" they will have from their militia?
2. "Congress cannot enact laws for the inspection of the produce of the country. " Neither is this strictly true. Their power "to regulate commerce with foreign nations and among the several states, and to make all laws which shall be necessary and proper for carrying this power (among others vested in them by the constitution) into execution," most certainly extends to the enacting of inspection laws. The particular states may indeed propose such laws to them; but it is expressly declared, in the lst article, that "all such laws shall be subject to the revision and control of the Congress. "
3. "The several states can prohibit or impose duties on the importation of slaves into their own ports. " Nay, not even this can they do, "without the consent of Congress," as is expressly declared in the close of the lst article. The duty which Congress may, and it is probable will lay on the importation of slaves, will form a branch of their revenue. But this impost, as well as all others, "must be uniform throughout the United States. " Congress therefore cannot consent that one state should impose an additional duty on this article of commerce, unless all other states should do the same; and it is not very likely that some of the states will ever ask this favor.
4. "Congress cannot interfere with the opening of rivers and canals; the making or regulation of roads, except post roads; building bridges; erecting ferries; building lighthouses, etc. " In one case, which may very frequently happen, this proposition also fails. For if the river, canal, road, bridge, ferry, etc. , be common to two states, or a matter in which they may be both concerned, and consequently must both concur, then the interference and consent of Congress becomes absolutely necessary, since it is declared in the constitution that "no state shall, without the consent of Congress, enter into any agreement or compact with another state. "
5. "The elections of the President, Vice President, senators and representatives are exclusively in the hands of the states - even as to filling vacancies. " This, in one important part, is not true. For, by the 2d article, "in case of the removal of the President from office, or of his death, resignation, or inability to discharge the duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, etc. , both of the President and Vice President, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected. "
But no such election is provided for by the constitution, till the return of the periodical election at the expiration of the four years for which the former president was chosen. And thus may the great powers of this supreme magistrate of the United States be exercised, for years together, by a man who, perhaps, never had one vote of the people for any office of government in his life.
6. "Congress cannot interfere with the constitution of any state. " This has been often said, but alas, with how little truth - since it is declared in the 6th article that "this constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties, etc. , shall be the supreme law of the land, and every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. "
But, sir, in order to form a proper judgment of the probable effects of this plan of general government on the sovereignties of the several states, it is necessary also to take a view of what Congress may, constitutionally, do and of what the states may not do. This matter, however, the above writer has thought proper to pass over in silence. I would therefore beg leave in some measure, to supply this omission; and if in anything I should appear to be mistaken I hope he will take the same liberty with me that I have done with him - he will correct my mistake.
1. Congress may, even in time of peace, raise an army of 100,000 men, whom they may canton through the several states, and billet out on the inhabitants, in order to serve as necessary instruments in executing their decrees.
2. Upon the inhabitants of any state proving refractory to the will of Congress, or upon any other pretense whatsoever, Congress may can out even all the militia of as many states as they think proper, and keep them in actual service, without pay, as long as they please, subject to the utmost rigor of military discipline, corporal punishment, and death itself not excepted.
3. Congress may levy and collect a capitation or poll tax, to what amount they shall think proper; of which the poorest taxable in the state must pay as much as the richest.
4. Congress may, under the sanction of that clause in the constitution which empowers them to regulate commerce, authorize the importation of slaves, even into those states where this iniquitous trade is or may be prohibited by their laws or constitutions.
5. Congress may, under the sanction of that clause which empowers them to lay and collect duties (as distinct from imposts and excises) impose so heavy a stamp duty on newspapers and other periodical publications, as shall effectually prevent all necessary information to the people through these useful channels of intelligence.
6. Congress may, by imposing a duty on foreigners coming into the country, check the progress of its population. And after a few years they may prohibit altogether, not only the emigration of foreigners into our country, but also that of our own citizens to any other country.
7. Congress may withhold, as long as they think proper, all information respecting their proceedings from the people.
8. Congress may order the elections for members of their own body, in the several states, to be held at what times, in what places, and in what manner they shall think proper. Thus, in Pennsylvania, they may order the elections to be held in the middle of winter, at the city of Philadelphia; by which means the inhabitants of nine-tenths of the state will be effectually (tho' constitutionally) deprived of the exercise of their right of suffrage.
9. Congress may, in their courts of judicature, abolish trial by jury in civil cases altogether; and even in criminal cases, trial by a jury of the vicinage is not secured by the constitution. A crime committed at Fort Pitt may be tried by a jury of the citizens of Philadelphia.
10. Congress may, if they shall think it for the "general welfare," establish an uniformity in religion throughout the United States. Such establishments have been thought necessary, and have accordingly taken place in almost all the other countries in the world, and will no doubt be thought equally necessary in this.
11. Though I believe it is not generally so understood, yet certain it is, that Congress may emit paper money, and even make it a legal tender throughout the United States; and, what is still worse, may, after it shall have depreciated in the hands of the people, call it in by taxes, at any rate of depreciation (compared with gold and silver) which they may think proper. For though no state can emit bills of credit, or pass any law impairing the obligation of contracts, yet the Congress themselves are under no constitutional restraints on these points.
12. The number of representatives which shall compose the principal branch of Congress is so small as to occasion general complaint. Congress, however, have no power to increase the number of representatives, but may reduce it even to one fifth part of the present arrangement.
13. On the other hand, no state can call forth its militia even to suppress any insurrection or domestic violence which may take place among its own citizens. This power is, by the constitution, vested in Congress.
14. No state can compel one of its own citizens to pay a debt due to a citizen of a neighboring state. Thus a Jersey-man will be unable to recover the price of a turkey sold in the Philadelphia market, if the purchaser shall be inclined to dispute, without commencing an action in one of the federal courts.
15. No state can encourage its own manufactures either by prohibiting or even laying a duty on the importation of foreign articles.
16. No state can give relief to insolvent debtors, however distressing their situation may be, since Congress will have the exclusive right of establishing uniform laws on the subject of bankruptcies throughout the United States; and the particular states are expressly prohibited from passing any law impairing the obligation of contracts.
DELIBERATOR


Learn More About American History:  Visit Jamestown, Yorktown and Colonial Williamsburg Living Museums in Virginia.

Never Shower Again? News You Have To See.




Shower Water Snake feeding :)
Shower Water Snake feeding :) (Photo credit: Images by John 'K')

AOBiome has created a new spray on tonic, featured in New York Times Magazine.  ABC News.

Our Notes:  Now here is going green taken to an all new level.  We predicted this would come but not this soon.  Yesterday we showed how it is now being promoted that you should not wash your jeans.  Now you are seeing early promotions on why should not use water to shower?  This is how all the nonsense gets started.  Next thing we will all be told is not to flush toilets as the odor has health benefits?  When you can offend a skunk with your body odor, then you have hit the height of fashion?  

  We will stay orange, the anti green, and continue to waste as much water as possible as the Earth seems to have plenty of it.  On the other side of all of this however, is that showering daily when one has not done anything to add considerable levels of dirt, grime and or grease to one's person, is excessive and strips off beneficial body oils that help protect you.  If you have an office job, then showering every other day is actually healthier.  If you work in a garage, then showering every day may prove best.  (Based on research and advice from medical professionals, please consult your own doctor to determine what might be best for you). 


Link showing that over showering may damage your health.   

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Countdown to the Fairfax 2015 Games, Virginia

Map of Fairfax County and neighboring jurisdic...
Map of Fairfax County and neighboring jurisdictions (Photo credit: Wikipedia)
Virginia Leaders, Sports Figures and Business Offer Support for World Police & Fire Games


FAIRFAX, VA (May 21) – Let the Games Begin! With 400 days to go until 12,000 public safety athletes kick-off the World Police and Fire Games, Fairfax 2015, the organizing committee for the Games, today announced the establishment of its Honorary Board, new funding commitments totaling $5 million from public and private sources, and its ceremonial venues for the Games.

The World Police and Fire Games are coming to the National Capital Region for ten full days of competition beginning June 26, 2015. The courage and competiveness of public safety (police, fire and other first responders) will be on-display at one of the largest multi-sport events in the world.  Governor Terry McAuliffe announced he will chair the Games’ Honorary Board.  Other prominent national, regional and local leaders from the worlds of politics, business and sports have also joined Fairfax 2015 to serve as members of the organization’s Honorary Board in support of next summer’s World Police and Fire Games. (Full list of Honorary Board attached.)

Fairfax County tourism and hospitality officials project that Games visitors and activities will have a primary economic impact in the range of $60 million to $80 million.  The budget to pull-off the massive 60 sport Olympic-style event is estimated at $20 million according to Fairfax 2015 (www.fairfax2015.com). 

New funding to support the effort has been secured from seven new official corporate partners and from Fairfax County, who recently approved $2 million in funding for Fairfax 2015 supplementing its prior funding and in-kind contributions.  The Governor has also said the Games can count on the Commonwealth of Virginia being “all in”.  He has requested funding in this fiscal year budget and has designated Virginia Secretary of Public Safety Brian Moran to further facilitate state efforts.   

At a press conference at Fairfax County Fire Station 42 near Wolf Trap National Park, site of the Closing Ceremonies on July 4-5 weekend next year, a contingent of public officials and business executives committed their time and resources to the Games.

“I am excited to serve as Chairman of these Fairfax 2015 Olympic-style games and to help support and honor the first responders and public safety heroes who have given of their service and sometimes their lives to protect us,” said Governor Terry McAuliffe. “If there is one thing I have learned supporting law enforcement and fire organizations over my years in public service, it’s that police officers, sheriffs’ deputies and firefighters are intensely competitive. Fairfax 2015 will showcase these great athletes and offer a great boost to the Commonwealth’s tourism industry. Virginia and Fairfax County are the perfect host for this great event and we are ready to let the games begin.”

Sharon Bulova, Chairman of the Fairfax County Board of Supervisors, welcomed attendees and said Games visitors are expected from over 70 countries and athletes will compete at 53 venues not only in Fairfax County but across the National Capital Region. She revealed that Reston Town Center will serve as the Athletes Village, RFK Stadium in Washington D.C. will be home to the opening ceremonies and that nearby Wolf Trap will be an ideal host to the closing ceremonies 4th of July weekend. Delegates from the World Police & Fire Games Federation were in Fairfax last month to tour both ceremonial and competition venues.  Competition venues are being secured and will soon be announced.

“Fairfax County is honored to host the Fairfax 2015 Games,” said Bulova. “I am so proud of our public safety officers. In particular, thanks to Police Chief Edwin Roessler, Jr., Fire Chief Richard Bowers, Jr. and Sheriff Stacey Kincaid for working tirelessly behind the scenes to help plan and promote the Games as we draw closer to the event. 

Jim Corcoran, president and CEO of the Fairfax County Chamber of Commerce, followed Bulova in committing business community support. “We believe these Games will showcase what is best about doing business here in Fairfax County,” said Corcoran. “People know about our highly educated and well-trained workforce, major corporations who have chosen Fairfax for headquarters operations and our technology infrastructure.”

“Today, we are talking about the quality of life in Fairfax County,” he added “We appreciate the Governor’s business acumen as Honorary Chair. I want to stress Fairfax 2015 is also about economic development.”

Local businesses and destinations will certainly benefit from Games visitors – hotels, restaurants, stores, shopping centers, service stations, movie theaters – you name it, the impact will be felt. Venues and competition hosts will also enjoy benefits including ice rinks, ball fields, bowling alleys and indoor arenas or fields. Historical landmarks will see admission fees.

Fairfax 2015 also unveiled a list of seven corporate sponsors who have committed over $2 million to date. This includes Keolis, Pierce, SAIC, Scott Safety, Cardinal Bank, Cordia Partners, and Venable.  Rockville-based Keolis America operates the Virginia Railway Express. “As a world leader in passenger rail and transit, Keolis understands and appreciates the vital role that first responders play to ensure the safety of our customers and the community in an emergency situation,” said Steve H. Townsend, CEO of Keolis America. “Speaking on behalf of the more than 4,500 Keolis employees in North America, we are pleased and honored to pay tribute to these brave men and women by becoming a major sponsor of the Fairfax 2015 World Police & Fire Games.” 

Bill Knight, CEO of Fairfax 2015, who has executive experience with the Summer Olympics in Atlanta, World Cup USA and other major events also spoke at the press event. “We are making great progress in the planning and coordination of the Games which are 400 days from today,” he said. “The days will fly-by, so it is critical that individual citizens and business leaders step-up today, embrace the World Police and Fire Games and help accelerate the momentum we are currently enjoying. Whether joining the effort as a sponsor, a volunteer, a member of our merchant program or simply a fan, these Games will be an amazing experience for this region and our communities.”

For additional information on the World Police and Fire Games, visit fairfax2015.com or call (202) 480-WPFG (9734).

About Fairfax 2015 / World Police & Fire Games 
The World Police & Fire Games is one of the largest multi-sport, multi-venue events in the world. It draws more than 12,000 athletes from police, fire and other public safety agencies representing 70 countries competing in 1,600 medal events across 61 sports. Fairfax 2015 is a nonprofit 501(c)3 corporation established to organize, manage and operate all activities related to the 2015 Games. Hosted by Fairfax County, Virginia and held throughout the National Capital Region from June 26to July 5, 2015, the Games strive to inspire, celebrate and honor our public safety officials.
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Governor McAuliffe Announces Virginia Tech’s India Research Laboratory Opens in Chennai

English: Young woman from Tamil Nadu near Maha...
English: Young woman from Tamil Nadu near Mahabalipuram, India Français : Jeune femme du Tamil Nadu près de Mahâballipuram, Inde (Photo credit: Wikipedia)
Four years in the making, Virginia Tech's research laboratory in India opens today with Virginia Tech President Charles W. Steger presiding over the ribbon cutting.
A built-to-specs laboratory is outfitted with equipment enabling researchers to harvest energy in new ways from waves, sun, and wind, as well as mechanical vibration such as railroad trains produce. Soon the 6,000-square-foot lab will feature a state-of-the-art wind tunnel where researchers can develop high-efficiency wind turbines by optimizing their aerodynamic and structural performance.
“We are crossing continents to meet a global challenge – doing research in a living laboratory where energy demands are outstripping the supply,” said Virginia Gov. Terence R. McAuliffe. “The insights we gain and the technology we create all transfer back to Virginia, and we can apply those assets to build new industry and address U.S. energy challenges.”
For Steger, the campus in India is a way to marry Virginia Tech's high-tech research edge with its tradition of putting new ideas and inventions into practice for the world's betterment. "We have an opportunity to expand beyond our neighbors in Western Europe into Asia, creating a global enterprise focused on one of the most important research areas for humankind – energy,” Steger said.
India is the ideal place for such research, said Guru Ghosh, vice president for Outreach and International Affairs at Virginia Tech. "Virginia Tech is setting a team to work that will refine and adapt windmills and solar panels for use in households in rural India. This is vital to reducing poverty where hundreds of thousands of people live off the grid. Uplifting lives in India and elsewhere rests on the world's capacity to produce enough electricity for everyone."
In March 2010, Virginia Tech announced plans for a center called VT, India to be located on 30 acres in the state of Tamil Nadu in southeast India, within a two-hour drive of Chennai (formerly known as Madras). Chennai is India’s fourth largest city and the capital of Tamil Nadu. The center sits inside the Amrita Research Park, where ocean breezes are conducive to windmill research.
As work proceeded with private-sector partner MARG Swarnabhoomi, which contributed almost $2 million to the laboratory build-out, two of Virginia Tech's research entities developed prominent roles: the Center for Energy Harvesting Materials and Systems and the Institute for Critical Technology and Applied Science. The campus was christened the VT, India Institute for Critical Technology and Applied Science Innovation Center.
"The research will become part of our global effort on energy-harvesting under the umbrella of a National Science Foundation Center for Energy Harvesting Materials and Systems,” said Roop Mahajan, director of the Institute for Critical Technology and Applied Science on the Blacksburg campus. "Communication and interaction between the two centers, in Swaranabhoomi and Blacksburg, will ensure a seamless integration of research projects and goals.” 
Virginia Tech researchers already have brought the cost of wind energy down to about $1 per watt, enabling the technology to be deployed for household use. “We will use hybrid composite materials to design light wind turbine blades with a high lift coefficient and optimum performance at low wind speeds," Mahajan explained, making the turbines even more affordable for individual households and small communities.
Research will also involve experiments with the reel-to-reel manufacture of flexible, dye-sensitized solar cells, seen as a promising source of renewable energy.
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