Monte Vista journal and Monte Vista graphic-reporter., 1924-01-18

70 congress on the Muscle Shoals
problem. that while the price Is an
important element. there 10 another
consideration even more compelling
II this main object (low.priced
nitrates for farmers in peace and the
Government In war) is accom- plished,
the amount Of money received tor the
property is not . primary or major
consideration"
Referring to German-owned proper.
~. the court said:
Much Of this property was not
innocently held or held solely for
trade and commerce. Information &C.
autred by German owned companies
had been transmitted to Berlin. and
there indexed and made available to
German competitors and the German
Government The nles Of one com.
pany were filled not with business
papers. but with pan-German iitera.
ture. 1t was distribution centre for
propaganda In this country"
upholds conhseatIon Of Patents
Judge Morris pointed out that when
America entered the war she adhered
to the International convention for.
bidding poison gas. "but It soon no
came apparent that America would Be
lighting on disastrously unequal terms
unless she should make uss Of all the
dread weapons being used against her
By the Zoe. When Germany persisted
h her s<tempts to destroy her oppo
nsnts With POISON Eas in contraven.
tion Of all International agreements.
she made 4 manifest that Americas
future safety lay In Americas chemi.
cal independence. The amendment 10
the act was passed IN the darkest
days OF the war following the sale Of
aedRed propertiesl. X was thought
Paris was about to fall and the Chan.
mel ports b taken" These we're the
circumstances. said the opinion.
(which impelled Congress to grant the
President the broad powers Of almost
absolute ownership. II was the intent
Of Congress to subordinate mere prop
erty rights to the welfare Of the ni.
ton"
OF the value n the patents sold.
judge Morris held. in accordance with
the Testimony. that while DR.. Carl
Holderman. German. asserted the
Haber patents we're worth $4,000. 900
10 the Germans. the evidence IL over.
whelminE that they were and are
without substantial Affirmative value
to American citizens Had these pat.
ents bees sold TO Americans At public
rather than private ssle and only the
net proceeds paid to their former
enemy owners these owners would
have suffered an almost total loss ip
the value Of their property
Praises Work Of FeundatIen
A. to allegations that the sale was
not to obtain . fair value. but to pro.
mote the interests Of tho chemical and
dye industries and that the transac.
tion vas In legal effect granting .
subsidy to private Industry. the Court
commented. "this challenge to the
motives OF the oficers making the
sale 10 supported. l think. neither BY
the facts nor the law. Mr. Polk de.
termined the public interest would be
best served by . vide use OF the In.
ventions covered by the patents II
the property was sold under terms
and conditions that assured It's being
not what benefits or del riments may
have flowed a. Incidents therefrom.
''The property IL In the keeping II
mec Who have In ,,a management no
selfish interest TO serve and whose de-.
votion to the public interest has been
ests tsbltshed." continued the opinion.
mo better plan for devoting the
property to public use has been xnk.
sested The plan has stood the most
severe Of all tests-actuai trial The
defendant has kept the faith. This
Il has done. not only BY granting Il.
ceuses In furthsrnncs OF the purposes
for which Il vas chsratefed. but Also
at Its great expense. By distribution
Of books sad pamphlets showing the
national necsssity for practical dsvel.
opment Of chemical science IN Amer,.
c. II psrchance. those heretofore
engaged 10 the industries hare d.
rived an accidental advantage from
the plan. that Incidental result cannot
invaiidats . Transaction lawfully con.
snmmssed 10 the public interest The
same charge would lie against the
validity Of every tari6 act -
The sale wss 10 effect to America and
its citisens, not 10 those then engaged
II chemical and allied tndustrtes."
JudRs Morris ruled that Il the q.
scutivss entrusted By Congress With
power Of sale acted within the scope
Of that power their acts are aot sub.
jsct 70 judicial nuiliaeatioa Or review.
lavasiou b. the courts 10 determine
vhsthsr the public intssssi required
the property b sold otherwise than
under the statutory conditions pre-.
scribsd and 10 set aside the sale
should the judgment Of the court hs
di6sreal from thst Of the President
would b . judicial auiiiaeatiou cot
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