, 1922-08-23
GARYAN DEMANDS
HARDING CLEAR HIM
Writes to President That He
Has Been Grossly Mis-
led by Daugherty.

New York.-F1atly refusing to return
to the United States government a
single chemical patent right owned by
the Chemical Foundation, Inc, of
which he is president, Francis p. Gar
van, In a spirited and energetic letter
TO President Harding, asserted that
the President, grossly misled by the
attorney-general," is, for the first time
In American history, attempting to
~abrogate a solemn Executive order of
a predecessor, and Is acting, moreover.
on information Furnished by German
agents and interpreted by lawyers
whose sole knowledge of the war and
Its lessons is derived from association
with German clients"
Absolute legality in the sale Of 400
and odd former German patents to the
Foundation, and complete publicity in
the organization and operation of this
q%uasi-public institution, together with
the highest Of ethical motives, are
earnestly maintained by Mr.. Garvan in
his communication, and he asserts with
emphasis that no person connected
with the Foundation has ever made a
dollar out Of II, or ever could do so
under Its charter and bylaws, himself
least of all he fortiies that statement
with figures which show that the CAPT.
tai of the institution consisted of $42S,-
900, all of which has been spent In the
purchase of the patents and in educat-
ing the people through schools and
colleges and in the encouragement Of
chemical societies, and says that the
Foundation income from licenses bare
ly meets the modest running expenses.
All of these financial details have
long been available, Mr.. Garvan re-
minds President Harding, and demands
that the President ascertain the truth
and tell the people whether the Foun-
dalton and its head have deserved the
abuse they have received.
"Gavs All and Got Abussv
-It has given its ALL" Mr.. Caravan
writes. you can take AWAY nothing
but the opportunity of service. 1t was
all we got from the government. II
Is all we have.
"Mr. President, o have had the
temerity TO impugn the honor of the
gentlemen who boast a part in the
great work of building up or preserv-
ing the possibility Of progress in or
ganic chemistry for America. You have
again been misinformed as to the
nature of the trust we bore. That trust
was not for the German Kartel, the
owner OF practically all the important
patents, who had received them under
the unthinking ~graciousness of laws
they had induced. That trust was for
the American people, their Industrial
independence and for the safety and
dren's children"
At the outset of his letter Mr.. Garvan
states that he has forwarded to the
Alien Property Custodian the Chemical
Foundations formal answer to his
demand, an answer "as an American
corporation ready at all times to de-
fend Its rights in the courts" but that
the public in whose interests the FoHn-
dalton was organized, 10 entitled to be
fully Informed as to the circumstances
under which the demand was made and
the reaso why 1t Is unqualiiedly re-
fused. The demand itself, Mr.. Caravan
asserts, together with the letter written
by the President and the statement
made by Attorney-Genera Daugherty,
demonstrate that you. Mr.. President,
have been grossly misled by the attor-
n~ey-general, both as to the law and the
facts of the case"
Eliminating ENEMY Interest,"
Thereupon Mr.. Caravan contends ~
that the encouragement has listened
exclusively to German agents, which is
no investigation (2), that the United
States government has no interest in
the suit brought by the Foundation to
determine the ownership of funds held
by the treasury; t3), that when Presi-
dent Wilson authorized the sale of the
German patents. neither the President,
secretary of state nor alien property
custodian was, under the law. in the
remotest sense a trustee for the Ger.
man enemies: az. that specific power
to sell the patents was granted by Con
Rress after full committee hearings on
November 4. 1918, and on December 3,
1918. President Wilson. vested with
power to supervise all sales, authorized
Acting Secretary of State Frank L.
Polk to approve the sale of the German
chemical and other patents; (5), that
on February %, 1919, Polk ordered the
sale in the public interest. noting that
a public sale was not in the best in.
terests of the public because 1t would
offer opportunity for the patents to get
into the hands of spectators and
monopolists, and that the Chemical
Foundation, obligated to grant non.
exclusive licenses. was the best means
for eliminating allen interests hostile
to American industries and of the ad.
vancement Of chemical and allied In.
dustries in the United States !" (6),
that President WILSON, returning from
abroad, confirmed Folks order on Feb.
ruary 13, 1920, with this comment
my reasons for the foregoing determi.
nation and order are stated In the said
orders of Frank l.. Polk and In
addition thereto. the public interest
will be best served by the elimination
of any enemy interest adverse to
American citizens arising by reason OF