The New York herald., 1922-07-17
Says Government Is Acting
OH the Information of
German Agents.
ASSERTS PUBLIC SERVICE
Charges Executive Attempt to
Abrogate Predecessors Or
der for First Time.

Chemical Foundation, Inc, of which
he is president. Francis p. Garvan, in
a spirited and energetic letter to Presi-
dent Harding yesterday. 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 predecessor. and is acting, more
over. on information furnished by
German agents and interpreted by
lawyers whose sole knowledge of the
war and it's 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
quasi-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 con-
made a dollar out of it. or ever could
do so under its charter and bylaws.
himself least of ALL he fortifies that
statement with figures which show
that the capital of the institution con-
sisted of $42S. 900, all of which has been
spent in the purchase of the patents
and in educating the people through
schools and colleges and in the en-
couragement of chemical societies. and
says that the Foundation income from
licenses barely meets the modest run
ming expenses.
q All Of these financial details have long
been available. Mr.. Garvan reminds
President Harding. and demands that
tell the people whether the Foundation
and its head have deserved the abuse
they have received.
"Gave All md Got Abuse"
TT has given its ALL" Mr.. Garvan
writes You can take away nothing but
the opportunity Of service. 1t was all
we got from the Government. 1t is all
we have.
"Mr. President, you have had the
temerity to mpugn the honor OF the gen.
tlemen who boast part In the great
possibility of progress in organic chem
istry for America. You have again been
misinformed as to the nature of the
trust we bore. That trust was not for
a Il arfa ha of
tioally 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 health of their children and
their children'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 de-
mand. an answer "as an American cor
poration ready at all times to defend its
rights in the courts" but that the public
In whose interests the Foundation was
organized. is entitled TO be fully in
formed as to the circumstances under
which the demand was made and the
reason why II is unqualifiedly refused.
The demand itself, Mr.. Garvan asserts.
together with the letter written. by the
President and the statement made by
Attorney-General Daugherty. demon
strate that you, Mr. President, have been
grossly misled by the Attorney General.
both as to the law and the facts of the
case"
Eliminating ENEMY interest"
Thereupon Mr.. Garvan contends %
that the Attorney-General 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 10
determine the ownership of funds held
by the Treasury; (3), that when Presi-
dent Wilson authorized the sale OF the
German patents. neither the President.
Secretary of State nor Alien Property
Custodian was dnder the law. in the
remotest sense a trustee for the Ger
man enemies (4). that specific power
to sell the patents was granted by Con-
gress 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: CD, that
on February 90. 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 Il would
offcr 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 adj
vancement OF chemical and allied in
dustries In the United States. (6). that
President Wilson. returning from
abroad. confirmed Polks order on Feb
ruary, 1s, 1920 with this comment
MY reasons for the foreesing '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 II any
enemy interest adverse to American
citizens arising by reason OF said chooses
in action. or rights. interests and bene-
fits under said agreements :"
This SALE" Mr.. Garvan continues,
was made In the full light OF all