Every evening, Wilmington daily commercial., 1922-09-09

property custodian might determine
such patents, etc, which the custodian
had seized or might seize and which
he might determine related TO the
purposes Of the Chemical Foundation
as set forth in It's charter.
The government further alleges that
the orders OF Frank L. Polk wore in
fact prepared by or at the instance OF
the Chemical Foundation. and at the
instance and procurement OF tho per-
sons firms and corporations in con-
troll OF the dyestuns and chemical
Industry. and that necessary and es-
sential facts with regard to the seizure
and proposed pretended sale and dis
position OF said patents and other
rights mentioned in said orders al
private sale were not stated or dis
closed TO said Frank J.. Polk, but were
withheld from him and suppressed;
that other facts in connection there
with and especially the attitude Of
the Federal Trade Commission. charg-
ed with issuing licenses under the
enemy-owned patents and other rights
aforesaid with respect thereto were
misstated and misrepresented 70
| Frank L. Polk; that his signature 10
said order and the issuance thereof
by him were procured as aforesaid
| through the suppression and misrep-
resentation OF the facts, which II the
same had been known by said Frank
l.. Polk, would have prevented him
signing and issuing said orders. and
that said orders were signed and is
sued by him without knowledge OF
| the facts and upon mistake as TO the
facts and are for this rea son in ali
respects null, void and of no effect"
Still further allegations are made
by the government to the effect that
President Wilson, on>February ID,
1920, undertook to validate and con-
firm the orders Of Frank L. Polk and
any actions which the alien property
custodian may have taken under
them and 10 enlarge the powers OF
the alien property custodian with re-
spect to the private sale of such
patents and other rights and that "the
facts necessary and essential In rela-
ton TO said seizure and proposed sale
of said patent rights" etc, sought to
be confirmed and validated or author
lied by said executive order. were no,
disclosed to the President at the time
OF or before the signing II said execu-
tive order and that the same was
s:sncd and issued upon ar entire mis-
understanding or mistake OF fact
which. if the same had been truly
stated and known TO the President
would have prevented his signing or
issuing the said order"
Thereafter, it is further alleged that
Francis p. Caravan as alien property
custodian, being also president of the
. Chemical Foundation, executed &c
separate instruments attempting tf
assign patents. etc, TO the Chemical
, Foundation, during the period from
April 10. 1919. to March /, 1921. Tn,
. last assignment attempted to ratif,
and confirm all previous attempted
assignments TO the Chemical Founda-
, ton, it is alleged.
r 1t is further alleged that in man,
! instances a part Of the nominal con
, sideration named for said patents an
! other rights was paid by the defend
ant before the sale had been made o
I consummated and that some of tn
: patents and other rights mentione,
had not in fact at the time of the as
? signment been seized and were not II
o the custody or control of the aliel
. property custodian and that such al
: legged sales. assignments and trans
! fers were "in other respects irregula
? and in violation OF law and that tn
: same were and are in all respects null
/ void and OF no effect in law or equity.
: Says Miller Was MisIed.
q The bill further alleges that afte
s Thomas w. Miller became propert
e custodian, two additional instrument
n of alleged sale were made to tn
y Chemical Foundation, dated April q
1921, and November s. 1921, respective
S ly; and such instruments were pre-
pared at or by the instance OF the de
S PENDANT and that Miller executed sal
;, instruments without knowledge g
;, the facts herein set forth and othe
n necessary and essential facts in re
e lation TO the alleged sale" and "tha
o said facts were withheld from hir
b with intent and purpose TO secure tn
n execution by him OF the instrumen