Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1921-09-10

vice president. respectively, OF CON-
plainant corporation, were in the
service of the United States and
connected with the United States
War Department Claims Board,
Purchase and Storage Division,
Quartermaster Corps.
IT. The Government further al
leges, that on September 8, 1920,
the said George B. Goetz. Azel F.
Cochran and Joseph c. Byron, for
themselves and Henry w. Benke,
entered into an agreement as par
ties of the first part with United
States. by f. c. Morse, Director of
Sales. as party of the second part
wherein and whereby the said par
ties Of the first part were given a
period Of three weeks from date in
which to form company to take
over surplus harness and leather
from the United States, which COM
pany to be formed, or parties OF the
first part as individuals, would per-
form the agreement set out In a GER.
tain memorandum dated September
RI, 1920,
49, The Government further al
leges that on September 3. 1920, the
said George B. Goetz and Henry w.
Benke were in the service Of the
United States and association with
the United State War Department
Claims Board, Purchase and Stor-
age Division, Quartermaster Corps.
10. The Government further al
leges that on September g. 1920,
the said Joseph c. Byron, George
B. Goetz, Azel F. Cochran and Hen
ry w. Benke together with one Hir-
am A. Goetz, organized the plain
tiff corporation.
20. The Government further al
leges that on September "a, 1920,
complainant corporation by its Off
GERS, George B. Goetz, president,
and Joseph c. Byron. secretary, en-
tered into an alleged contract with
the United States by e. c. Morse,
Director OF Sales, copy OF which
alleged contract is attached to COM
plainants bill and marked Exhib-
1t Az.
81. The Government further al
leges, that on September "a, 1920,
Henry w Benke, one of the incor-
porators and officers Of complainant
corporation. was in the service OF
the United States and was connect
ed with the United States War De
partment Claims Board. Purchase
and Storage Division, Quartermast-
err Corps.
90 The Government further al
leges, that said agreement of Sep.
TENDER 8, 1920, and September "a,
1920, are, with few slight changes
the same as the proposition OF
July 20. 1920. made by the said
Joseph c. Byron on behalf Of him
self and other officers of the com
plainant corporation to e. C. Morse,
Director Of Sales. and cover fully
and specifically the important fea-
lures embodied in said proposition
OF July 20. 1920.
%. The Government further al.
leges that the aforementioned Off
GERS Of complainant corporation, for
merly officers of the United States
Government receive salaries OF
$4,000 a year each for their serv
ice to complainant corporation; thai
they own slightly less than half Of
the outstanding stock and are the
principal benefciaries under the al
legged contracts.
"a. Further answering these de
PENDANTS are advised and believe
that said contracts OF Seutember
"a, 1920, and the two alleged sup
Elemental contracts Of September
"a, 1920, and the two alleged sup
Elemental contracts dated Deem
Der 8, 1920, and attached to com
plainant's bill are clearly contracts
against public policy and that said
alleged contract Of September "a,
1920, OF which the alleged contracts
OF December 9, 1920, are supplement
al and part having been made
while two OF the principal beneflct-
aries Hereunder were in the serv-