Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1924-01-24

cd from President Coolidge'S message
to Congress on the Muscle Shoals
problem, that while the price is an
important element, there is another
consideration even more compelling.
II this main object Glow priced
nitrates for farmers in peace and the
Government in war; is accomplished.
the amount of money received Tor 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-
quired 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"
UphoIds confiscation 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 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 1T manifest that Americas
future safety lay in Americas chemf-
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 we're the
circumstances. said the opinion.
which impelled 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
ton"
OF the value of the patents sold.
Judge Morris held, in accordance with
the testimony. that while DR.. Carl
Holderman, a German, asserted the
Haber patents were worth 81, 900. 900
to 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
not to obtain 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 wide use of the in
Yentions covered by the patents. II
the property was sold under terms
and conditions that assured its being
devoted to the public use it matters
not what benefits or detriments may
have flowed as incidents therefrom.
"The property Is in the keeping Of
men who have in it's management no
selfish interest to serve and whose de-
votion to the public interest has been
established" continued the opinion.
"Nio better plan for devoting the
property 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 IL
censes in furtherance Of the purposes
for which it was chartered, but also
at its great expense, by distribution
of books and pam phlets showing the
national necessity for practical devel-
opment of chemical science in Ameri.
ca. If, perchance, those heretofore
engaged in the industries have de-
rived an incidental advantage from
the plan, that incidental result cannot
invalidate transaction lawfully con-
summated in the public interest. The
same charge would lie against the
validity of every tariff act.
The sale was in effect to America and
it's citizens, not to those then engaged
In chemical and allied industries"
Judge Morris ruled that il the ex-
ecutives entrusted by Congress. with
power of sale acted within the scope
Of that power their acts are not sub
iect to judicial notification or review.
Invasion by the courts to determine
whether the public interest required
the property be sold otherwise than
under the statutory conditions pre-
scribed and to set aside the sale
should the Judgment Of the court be
different from that OF the President
would be a judicial notification not
only of the Presidents act but also
of the act of Congress comforting on
the President the power to determine
what the public interests required.
What the public interest requires de-
ponds upon the conditions existing in
the nation Courts do not understand
the state of the Union and as. ap-
prehend. are not equipped to ascertain
1t The statement of the rea-