The Birmingham age-herald., 1923-09-25

visions of the contract invalid. To remove the property would have meant the loss by the government of substantially all of the investment, hence l. . determination to sell. Advise Of Experts.
 The Secretary of War had the advice of experts from the ordnar ce department and the federal power commission in arriving at a fair value of the properties. Before mak- ing the sale the Secretary of War ad- Yised MT. Ford of the sit ation and of the opinion of the Attorney General and asked MT. Ford for any sugges- tions he his attorneys might offer but none was ade. Under the cir cumstances no other course was open to the government but to sell to the Alabama Power company and 1t has thereby succeeded in successfully salvaging it's interest in the Gorgas property"
 Correspondence hitherto unpublish- ed on the subject was given out late today, as follows:
 Copy of telegram from the secre- tary of war to MT. Henry Ford, Sep tember II, 1928;
 In accordance with our agreement requested the Alabama Power com panl to extend the limit in which the lifANu SAdltS may dblGIiiiHt " itAltI 1t will sell to that company It's inter est in Gorgas unit and transmission line or remove same. The company declines 10 extend time until Novem- ber first but agrees to extension through and including September twenty-foCrth. I hope this will give you sufficient time to complete such cSamlnaticps of contracts as you de- sire U make. l attempted to secure further extension but without sue cess"
 Copy of telegram to Mir. W. B. Mayo, Ford engineer, to the secre tary of war, September q, 1928:
 Reply to your telegram Septem- Der II, am surprised to learn you were unable to extend time to No- vember first in accordance with company with the following note at tached
 Tn view of the above telegram I agreement. On receipt your letter September sixth Mir. Ford assumed you would get extension until Novem- Der first as per request. MT. Ford is now away and is not expected to return for a week or ten days. Will take up matter immediately with him then advise you"
 copy of MT. Mayo's telegram was forwarded to Thomas w. Martin, president of the Alabama Power hope you will be willing to extend the time which expires today to De- tober fifth"
 President Martins Reply.
 MT Martin replica under date of September 24 as follows:
 We acknowledge receipt of your letter this date, relating to the Cor gas situation, requesting this com pany to further extend the time which expires this day.
 "In April last we served notice upon the government under the terms of the contract, looking either to the removal of the facilities from our lands or the sale to this com pany. We have from time to time. at your suggestion, extended the period within which the government by the terms of the contract, Is re- quired to make sale of the property to this company or remove the same. So recently as the 14th of September. we extended &la time to the 24th of September,-B&nE this day.
 During this period we have had pending before you an offer to pur- chase the governments interest in the facilities at their fair value, which we understood to be approxi- mately S3450.000. This offer we are ready, willing and able to carry out. The time heretofore agreed upon in which the government may accept this offer expires this day. We feel we have given the utmost considera- ton of the government in this mat ter, and we feel under the necessity of informing you that under the terms of the contract and notices. the company are today relieved of the obligation to buy and will withdraw its offer heretofore made for ths purchase of the governments facili- ties. Therefore tho company most declines to make a fur ther extension of the time which ex- pires on this date."