The Kevin review. [volume] (Kevin, Mont.) 1922-1929, 1924-01-24

IL thho OStbAOA dt5O = w.
ed from President C~oolidge's message
to Congress on the Muscle Shoals
problem, that while the price is an
important element, there is another
consideration even more compelling.
y = II this main object Cow-priced
nitrates for farmers in peace and the
Government in war; is accomplished,
the amount of money received for the
property is not a primary or major
consideration"
Referring to German-owned proper
ty, the court said:
much of this property was not
innocently held or held solely for
trade and commerce.. Information ac-
CURED by German-owned companies
had been transmitted to Berlin, and
there indexed and made available TO
German competitors and the German
Government. The files of one COM
pany were filed not with business
papers, but with pan-German litera-
ture. 1t was a distribution centre for
propaganda in this country"
Upholds Confiscation of Patents
Judge Morris pointed out that when
America entered the war she adhered
to the international convention for
bidding poison gas. but 1t soon be-
came apparent that America would be
fighting on disastrously unequal terms
unless she should make use Of all the
dread weapons being used against her
by the foe. When Germany persisted
in her attempts to destroy her oppo-
nents with poison gas in ~contraven-
ton Of all international agreements,
she made it manifest that Americas
future safety lay in Americas chemi-
cal independence. The amendment to
the act was passed in the darkest
days of the war (allowing the sale Of
seized properties). 1t was thought
Paris was about TO fall and the Chan
mel ports be taken" These were the
circumstances. said the opinion.
which impeiled Congress to grant the
President the broad powers Of almost
absolute ownership. 1t was the intent
of Congress to subordinate mere prop
erty rights to the welfare Of the ma
tion."
or the value of the patents sold,
the testimony. that while DR.. Carl
Holderman, a German, asserted the
Haber patents were worth ST, 900, 900
10 the Germans, "the evidence is over.
whelming that they were and are
without substantial affirmative value
TO American citizens. Had these pat.
ents been sold to Americans at public
rather than private sale and only the
net proceeds paid to their former
enemy owners these owners would
have suffered an almost total loss in
the value OF their property
Praises Work of Foundation
AS to allegations that the sale was
to obtain a fair value, but to pro-
mote the interests of the chemical and
dye industries and that the transac-
ton was in legal effect granting a
subsidy to private industry, the Court
commented. "this challenge to the
motives Of the officers making the
sale is supported, | think, neither by
the facts nor the law. Mr.. Polk de-
termined the public interest would be
best served by a wide use of the in
ventions covered by the patents. If
the property was sold under terms
and conditions that assured its being
devoted to the public use it matters
what benefits or detriments may
have flowed as incidents therefrom.
"The property is in the keeping Of
mon who have in it's management no
interest to serve and whose de-
to the public interest has been
established" continued the opinion.
mo better plan for devoting the
to public use has been sug-
gested. The plan has stood the most
severe of all ~tests-actual trial. The
defendant has kept the faith. This
it has done, not only by granting Ii
lenses in furtherance of the purposes
for which it was chartered, blu also
it's great expense, by distribution
books and pamphlets showing the
national necessity for practical devei-
opment OF chemical science in Ameri-
ca. If, perchance, those heretofore
engaged in the industries have de
lived an incidental advantage from
he plan, that incidental result cannot
nvalidate a transaction lawfully con
animated in the public interest. The
same charge would lie against the
Of every tariff act. > >
rhe sale was in effect to America and
is citizens, o to those then engaged
n chemical and allied Industries"
Judge Morris ruled that II the ex-
~cutives entrusted by Congress with
of sale acted within the scope
f that power their acts are not sub.
ect to judicial notification or review.
INVASION by the courts to determine
neither the public interest required
he property be sold otherwise than
nder the statutory conditions pre-
cribed and to set aside the sale
hould the judgment of the court be
ceou11t frD,o +hot ~ +hA Dracfdnnt