The Birmingham age-herald., 1922-02-11
COURT ACTION ON MUSCLE SHOALSIS
 ID BE NECESSARY
Government Must Institute Condemnation Proceedings to Obtain Titles ifFord
 Bid Accepted
By Associated Press

By Associated Press
 Washington, February 10.-Delays estimated from six months to a year or more probably will be encountered by government officials before they are in a position to turn over the nitrate paints, power stations and water dams at Muscle Shoals to Henry Ford should his proposed con- tract for their purchase and lease for . period of 100 years be accept ed. Despite the most expeditions action by Congress, in the event it authorizes the Secretary of War to accept the contract, it was estimated today by members of the House military committee attending hear ings on the Ford offer that such a delay was apparently unacceptable. capable.
 Question was raised at the hearing today by committeeman, which in the opinion of some with long experience
 
 have to be solved by the courts. ir- respective congressional action unless the Ford offer was rejected. These involved the delivery of clear titles to MT. Ford of government owned properties connected with the Mus cle Shoals project, but which are To- cated on lands privately owned and whose owners claim they have legal option for the purchase of the build ings which they intend to exercise. Condemnation Proceedings Likely
 It was the opinion of some com mittee members after hearing the testimony of Col. John Hull, acting judge advocate general of the army, that the government would be com pelled to institute condemnation proceedings before it could obtain the necessary titles to the lands for MT. Ford and in doing this meet the owners who would perhaps test their rights in the courts.
 Colonel Hull said 1t was opinion that the contractual obligations were mon enforceable" and null and void" and could not be successfully prseiIted, either by the Alabama Power company representatives or officials of the Air Nitrates corpora ton. both of whom claim optional privileges and have informed Secre- tary Weeks that they intend to ex- ercise them before the Muscle Shoals properties are disposed of to private concerns. As the chief law officer of the army, the colonel said later that ''the first thing to do," In the event Congress voted authority to Mir. Weeks to enter into the contract with Mr. Ford, "was to proceed to condemn"
 Requests to present their argu- nents to the committee in defense of their claims have been made to Chairman Kahn by both companies. Representatives of the Alabama Power company present at today's meetings declared the committee would be convinced of the justice of their claims when their spokesmen were heard next week.
 Favors 100-YeAr Lease
 Major General Beach. chief of army engineers had preceded the judge ad- vocate on the stand at the forenoon session and repeated his advice given yesterday against reducing the 100- year time clause in the Ford offer to 50, as had been suggested in the first hearings on the subject by Secretary w eGkS. W ncH (OlOHpl 1Iuil ndS CA cused late today Chairman Kahn ad- journed the hearings until Monday, when W. B. Mayo and J. W. Worth ington will be heard as representa- lives of MT. Ford. Colonel Hull, how ever, was requested to appear again Monday to answer further questions regarding the legal status of proper ties involved in the contract.
 Representative Greene of Vermont developed during examination of Col onel Hull that. there was "no per manent guarantee that MT. Ford will be under the surveillance of farmers" insofar as the present language of his offer provided
 .In the manufacture of fertilizer" MT. Greene said, "he agrees to oper- ate under board composed in part of farmers organization officials, In the event those organizations fail to perpetuate themselves for the next 100 years, who would take their places on the board?'
 Colonel Hull replied that undoubt- edly the vacancies would be filled but added that the government would have to take the question to the farmers for settlement"
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