New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-07-17
Caravan Assails
Harding;Won'
GiveUpPatents
Refuses Surrender of Ger
man Processes and Tells
President He Impugns
the Honor of Dye Men
Asks Him TO Reconsider
Asserts Executive Has Been
Grossly Misinformed by
Atty. General Daugherty

Francis P. Garvan, president OF the
American Chemical Foundation. an
nouneed yesterday that he had FOR
rnally declined 20 comply with the de-
rnand Of the Alien Property Custodian
for the return Of the oundation's Ger
man patents, IN a letter 70 Colonel
Thomas W. Miller, Alien Property Gus
todian, delivered in Washington by
hand on Saturday.
In his reply TO the demand, which
was dated July 3. Garvan stated that
his company denied that BE United
States government. or Colonel Miller
or any one other than the Foundation
has any right. title or interest in the
German patents, trademarks and copy
rights held by the Foundation. and that
the company therefore refused 70 com
ply with the demand FOR their return
in any particular whatsoever.
Considering the moment propitious
for further action in the dye patent
controversy. Garyan also sent long
letter 10 President Harding, which was
delivered in Washington by hand on
SATURDAY.. In IL he appealed 20 the
President 70 reconsider his order for
the return Of the patents. Garyan
based Lis appeal on the belief that the
President had been grossly mislead
By the Attorney General, who pre-
pared the facts from which the Presi-
dents order was formulated, and whose
statement accompanied the President
letter Of July ], 20 the Alien Property
Custodian. calling on the latter 10
make demand on tho American Chem
zeal Foundation for the immediate re-
turn Of It's German patents.
Mlsinformed. He Tells Harding
The letter 10 the President. Garvan
said yesterday. was TO be considered as
an answer 20 the demand for the re-
turn Of the patents, as well as an ap-
peal for reconsideration OF the de-
mand, and FOR the purpose Of inform
ing the public as 70 the circumstances
under which this demand was made and
the reason why 1t was unqualifiedly
refused
With regard 70 the Chemical Foun-
cations obligations TO the public, Gar
FaU WlyAt " TIC
"Mr. President, you have had the
temerty TO impugn the honor Of the
gentlemen who boast q part IN the
great work Of building up or presery-
ing the possibility of progress in or
ganic chemistry for America. You have
again been misinformed as TO the ma
ture 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 graeiousness Of laws
they had induced. That trust was for
the American people, their industrial
independence and the safety and
health Of their children and their
children's children"
Mr.. Caravans letter 70 the President
and his formal answer TO the demand
Of the Alien Property Custodian for
the return Of the patents arrived in
Washington shortly after President
Harding had been in conference with
representatives, Of the dye industry.
At this conference the President was
told that the Chemical Foundation was
experimenting organization Of
quasi-public character, organized with
the approval Of the government for the
express purpose OF preventing monopo-
listic domination OF the American dye
industry through ownership of these
patents. This conference, according 20
Garvan, has helped 10 some extent 20
clear up the misconception concerning
the foundation. but nevertheless he
deemed IL essential 10 lay the case be-
fore the President in his own words.
Questions Custodian's Authority
First, Mr.. Garyan emphasized the
point that the Alien Property Gus
todian stated no authority or reason
for his demand for the entire property
and assets OF the foundation, for an
accounting Of all its past business and
for the entire cessation OF its activi-
ties, except that he, the Alien Property
Custodian, was acting by the Presi-
dents express direction. From this
Garvan implies that the Alien Property
Custodian was acting under the letter
given out by the President and the
statement by the Attorney Gcneral ac-
companying IL, and he continues his
letter by asserting that these two
papers demonstrate that the President
has been seriously misled by the At
torney General. both as TO the law and
the facts Of this case.
With regard 20 the supposed investl-
cation Of the Chemical Foundation Mr..
- Carvnn wrote: The Attorney General
has made no investigation Of the
chemical Foundation or the facts sur
. rounding is formation. Listening 20
German agents. German commissions
or former German lawyers Is not an
investigation" The letter traces the
full history Of the foundation and the
sale Of the $500 German dye patents
20 the foundation. following the gran;
Of specific powers TO the Alien Prop
erty Custodian by Congress.
This sale was made by the Chief Ex-
ecutive Of the United States" the let
ter continues, acting under proper
authority from Congress. and consisted
Of property absolutely owned by the
United States and disposed OF By him
after months Of the most exhaustive
consultation with every possible per-
son cognizant OF the lessons Of the war
and competent 20 advise, 80 that the
final steps in that victory might be
insured and accomplished.
Defends Foundations Purchase
at IS the first time in the history OF
the United States government that the
Chief Executive has been advised BY his
Attorney General 20 attempt 10 abro-
gate the solemn executive order OF his
predecessor. II is the first time in the
history Of the United States that the
chief Executive has been advised b.
is Attorney General to violate 50
red contract entered into by the gov
rnmcnt with its citizens.
"You. Mr.. President, apparently upon
tbe rcnort az the Attorney General,