Show MICRO hw my AY BE 01 MOLE question of constitutionality is raised by a supreme court opinion judge erect r declares Dc clares that con gress can only leg slate in re to such matters as are spec f cally enumerated in the const aution washington the united states supreme court in its de ision in kan sas colorado cose rendered on mon day intimated rather strongly that the national reclamation act under which the federal government Is spending upward of 30 may be unconstitutional it Is not so held in specific terms but the opinion of the court indicates that the cons titu tlona flona lity of this act Is in question and it would not be surprising it nate ate interests which are interfered with by government projects should bring suit emit to restrain the government from diverting water for irrigation purposes there is already one such suit pending brought by former sen sell ator turner of washington on behalf of an arizona company that wants to restrain government work nork on the colorado river so that they can use the water to reclaim lands in califor nia it is entirely probable th twin falls company in I 1 laho may bring suit in the light of this decision for there is a prospect of a conflict be tween the government and private en ter prise along the snake river in rendering the decision in the kansas colorado case justice brewer on behalf of the court declared that congress can only legislate in inspect to such matters as are sp specifically enumerated in the constitution and arid that power to legislate with respect tc irrigation of arid lands was not one of the enumerated powers granted by the constitution |