Monte Vista journal and Monte Vista graphic-reporter., 1924-01-18
y. S. Suit Against Chemical
Foundation Dismissed by
| Judge Morris.
CONSPIRACY CHARGE FAILS
Conduct sf Chemical Foundation
Praised In Use Of Former German
Patents for esnsflt Of Amerl.
can People.

pry one Of the Governments major
eontentions ~ being without basis In
fsct or law. Federal Judge Hugh u.
Morris dismissed Its suit to set aside
lthe sale Of seized chemical and dye
patents By the Alien Property custo-
kdtsa 70 the Chemical Foundation, Inc.
The decision rebuked the Govern.
nsnt for including In the bill Of com.
plant . ssries Of onspiracy charges
transported By evidence At the trial
and refuted By the defense - we'll q
By documents elsd BY the Govern.
nent.
II declining 70 compel the rounda-
ltion to restore the disputed patents.
numbering some l.7oo and bought for
a7l.ooo. from the Government. Judge
Norris held there was no evidence
bearing out allegation Of . conspiracy
by American manufacturers to effect .
noaopoly through the Foundation.
The court ruled that there was no
evidence Of fraud or deceit prscticed
ou President Wilson. Mr.. Polk. Under
ISecrstary Of State; Attorney General
Palmer and other high omcials Of that
Administration. .A-
n oarvsnfs Course Upheld
The opinion praised Francis P. Gar.
Ivan. president OF the Foundation. and
It's trustees. a. having met the most
severe Of tests In their conduct OF the
Foundation-"ths ties, Of actual trial"
They were declared By the court TO
afford. through their high integrity
and unQusstionsd patriotism. . thor.
esSh assurance Of loyalty TO their
trust 1T has kept tho faith" said
the court Of the Foundations work.
Judge Morris found without merit
the Governments contention that the
criminal laws we're violated in that
Mr. Carvan. a. Alien Property Custo-
dias and thereby . public trustee.
sold TO himself ~ president OF the
Foundation the patents 10 question.
HE had acted by direction OF Presi
dent Wilson and his acts. supervised
By the President under the latter's
vide war powers granted By Con.
gress. could not b brought TO court
Congress had not delegated iexisla.
tive powers to President Wilson. A.
maintained BY the plaintiff. and the
courts could not pass judgment on
the wisdom or lack OF wisdom OF
Prssidsntiai var sctx.
judge Morris rec!ted that although
Colonel Thomas K. Miller. present
Custodian. who had approved two OF
the saies involved. verified the com.
that he could no, -numera,s any Of
tho facts alleged to have been with.
held and suppressed from him.
IN view OF this testimony and the
obvious fact tina, the power TO charge
persons w,th fraud and conspiracy 10
weapon With which serious IRENE.
dial Injury may be done TO innocent
persons II such charges are lightly
made. Il 10 d,fhcuit to understand
Why the specific charges 10 which the
foregoing testimony relates were
made" wrote the court. "Ye, the 70.
msining like charges we're equally
lacking In evidentiai support. 10 fact.
st the argument. the piainti6 seemed
: 10 ioagss to press these charges
against the persons alleged to be con.
spirators. but II sought to have the
charges sustained ~ against the Of.
Acsrs Of the Government Who formu.
lated and carried out II the public In.
tsssst the plan OF sale. While
I know Of no case where By impllea.
tios Of isv the duty OF clearing itself
nom I'm putsd fraud rests upos the
dssssdaat. yet the defendant has net
eyes this burden."
Nsids Wilson Had evi, eswsr
whlis the Trading with the Enemy
Acs at Arss merely authorised Gus
todianship Of German properties II
this country. Il Was later amended.
recalled the Court to give power Of
sa!s under such coalitions - the
, Ffssid~aI 10 che public interest.
shouid determine upon. In effect. this
made the President. a. agent Of the
d nation. possessed Of powers - broad
"a though hs were absolute ewusT Of
the ssised properties. Under the pro.
D vtaions Of the act. the President wrs
empowered to make any conditions
Of sala- he considered ascesaafy II the
! Circumstances.
TIE sales In dispute we're NOT made
By the Custodssn 10 HE capacity - .
eoamoaisw trustee. but under the
Extraordinary powsrs dsvoavins upon
him - the Presidents r~pressntSuvs.
ssdss The additional sections ot the
aae because q trustee with ouly the
usual powess may not ordinarily ssti
trusi properly q private sale Tor isss
thas its fair monetary vaiue. Il By
10 means follows that the Custodian.
settas nader Supervision and a.
ssctieo Of the President. may not 10
%" teil the Court. obviously. the
primary purpose Of The act was the
proeeoeion oe the nation. NOT the bsne
u q The saemy. TIE trus, was 10.
The. bese0A Of he aation = public.
. 0AA asAeAeA