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Show 55 the Wilson Dam at Muscle Shoals on the Tennessee River was begun in 1917 and completed in 1926. Taking judicial notice of the international situation in 1916, the Supreme Court concluded that the Wilson Dam and power plant are "adapted to the purposes of national defense." ^ Moreover, "the Court found ample support for the District Court's finding that, while there was no intention to use the nitrate plants or hydroelectric units for production of war ma- terials in time of peace, the maintenance of those properties in operating condition and "the assurance of an abundant sup- ply of electric energy in the event of war, constitute national defense assets."237 And after discussing the exercise of com- merce authority involved,238 the Court then made plain its ap- proval of the construction as an exercise of both the war and commerce powers, saying: *• The Wilson Dam and its power plant must be taken to have been constructed in the exercise of the constitu- tional functions of the Federal Government. So far as the disposition of surplus power was concerned, as previously noted, the Court also held that the Property Clause empowered Congress to authorize the method employed, in- cluding the acquisition of transmission lines.240 Subsequently, in the Tennessee Electric Power Company case, the District Court approved the TVA Act as a proper exercise of the federal commerce and war powers.2*1 The Supreme Court did not reach this issue on review, holding peti- tioners not entitled to challenge the constitutionality of the statute.242 *M297U. S. at 327. m 297 U.S. at 328. 288 297 U. S. at 328-330. See also supra, n. 210, p. 50. s" 297 U.S. at 330. 240 See supra, pp. 50-51. '"Tennessee Electric Power Co. v. Tennessee Valley Authority, 21 F. Supp. 947 (D. C. Terra. 1938). "* Tennessee Electric Power Co. v. Tennessee Valley Authority, 306 U. S. 118 (1939). See supra, pp. 51-52. |