OCR Text |
Show 496 in the case of investigations by the Federal Power Commission.8 Another preliminary point should be noted. In some cases, statutes direct an agency to perform a certain function relating to development of water resources, and while certain data are plainly prerequisite to proper discharge of that responsibility, the statute does not expressly empower the agency to obtain the data. Nevertheless, the "grant of an express power carries with it the authority to exercise all other activities reasonably necessary to carry it into effect."9 Whether or not collection of certain data would thus by implication be "reasonably nec- essary" in a particular case would depend upon an examination of the nature of the express grant of authority in the context of the entire statute. For "every question of construction is unique, and an argument that would prevail in one case may be inadequate in another."10 Stream-Flow and Related Data.-In the matter of collecting information respecting stream-flow and related matters, nu- merous authorizations exist. Since 1890, the Weather Bureau has been responsible for "the gauging and reporting of rivers." X1 It measures the water equivalent of snow on the ground and 8 Act of June 10, 1920, § 4(b), 41 Stat. 1063, 1065, as amended, 16 U. S. C. 797(c). See also provisions relating to the Council of Economic Advisers, supra, p. 426. 9 3 Sutherland, Statutory Construction, §6604, p. 287 (3d ed. 1943). "Where a statute confers powers or duties in general terms, all powers and duties incidental and necessary to make such legislation effective are included by implication. * * * The reason behind the rule is to be found in the fact that legislation is enacted to establish broad or general standards. Matters of minor detail are frequently omitted from legislative enactments, and 'if these could not be supplied by implication the drafting of legislation would be an interminable process and the true intent of the legis- lature likely to be defeated'." Id. § 5402, pp. 19-20. "Legislatures create administrative agencies with the desire and expec- tation that they will perform efficiently the tasks committed to them. That, at least, is one of the contemplated social advantages to be weighed in resolving doubtful construction." Stone, The Common Law in the United States, 50 Harv. L. Rev., p. 18 (1936). 10 United States v. Jin Fuey Moy, 241 U. S. 394, 402 (1916). 11 Act of October 1, 1890, § 3, 26 Stat. 653, as amended, 15 U. S. C. 313. See also supra, pp. 344-345. |