The New York herald., 1922-02-11
FEAR YEARS DELAY
AT MUSCLE SHOALS
House Committeeman Told of
Probable Contests Over
Titles.

WAsHINGroN. Feb. 10.-Delays esti-
mated from six months TO year or
more probably viii be encountered by
Government officials before they are ir a
position 10 turn over the nitrate plants,
power stations and dams at Muscle
Shoals to Henry Ford should his pro-
posed contract for their purchase and
lease for a period of 100 years be ac-
eepted
Despite the most expeditions action by
Congress. in the event 1t authorizes the
War Secretary to accept the contract It
was estimated to-day by members of
the House Military Committee attending
hearings on the Ford offer that such
delay was APPARENTLY inescapable.
Questions were raised at the hearing
by committeeman which, in the opinion
OF some with long experience in lega.
matters. necessarily would have to be
solved by the courts. irrespective OF Con-
gressional action. unless the Ford offer
was rejected. These involved the de-
livery Of clear titles 10 Mr.. Ford OF
Government owned properties connected
with the Muscle Shoals project, but
which are situated on lands privately
owned and whose owners claim they
have legal options for the purchase OF
the buildings. which options they intend
TO exercise
It was the opinion OF some commit
teemen after hearing the testimony IF
Col. John Hull. acting Judge Advocate
General of the army. that the Govern
ment would be compelled TO institute
condemnation proceedings before it
could obtain the necessary titles to the
lands for Mr. Ford. and in doing this
meet the owners, who would perhaps
test their rights in the courts.
Col. Hull said 1t was his opinion that
the contractual obligations were mon
enforceable" and null and void" and
could not be successfully presented
either by the Alabama Power Company
representatives or officials of the Air
Nitrates Corporation. both of which
claim optional privileges and have in
formed Secretary Weeks that they in
tend to exercise them before the Muscle
Shoals properties are disposed OF to pri-
vate concerns. Col. Hull said later that
"the first thing TO do" in the event Con-
gress voted authority to Mr.. Weeks TO
enter into the contract with Mr.. Ford
was to proceed to condemn
Requests to present their arguments
to the committee in defense of their
claims have been made to Chairman
Kahn by both companies. Representa-
tives OF the Alabama Power Company
present at to-day's meetings declared
| the committee would be convinced of
the justice Of their claims when their
spokesmen We're heard next week.
! Representative Greene OF Vermont
brought out during examination of Col.
! Hull that there was mo permanent
guarantee that Mr. Ford will be under
the surveillance of farmers" in so far
as the present language OF his offer
| provided
"In the manufacture of fertilizer"
Mr.. Greene said, "he agrees to operate
| under a board composed in part OF
farmers organization officials. In the
event those organizations fail to per-
| petuate themselves for the next 100
| years who would take their places on
\ the board2''
Col. Hull replied that undoubtedly the
vacancies would be filled. but added
that the Government would have to
take the question to the farmers for
settlement"