Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1924-02-28

there indexed and made available t
German competitors and the Germa
Government The files of one con
pany were filled not with bushes
papers, but with pan-German liters
ture. It was a distribution centre 70
propaganda in this country"
Uphoids confiscatlon Of Patents
Judge Morris pointed out that whel
America entered the war she adheret
to the international convention for
bidding poison gas, but 1t soon be
came apparent that America would b.
fighting on disastrously unequal terms
unless she should make use of all the
| dread weapons being used against hel
by the foe. When Germany persisted
In her attempts to destroy her oppo
nents with poison gas in contraven
tlon of all international agreements
she made It manifest that Americas
future safety lay in Americas chemi-
cal independence. The amendmen to
the act was passed in the darkest
days Of the war following 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 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
tiOn."
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 SIT 200, 900
to the Germans, "the evidence is over.
whelming that thev 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"
EIdIoCS "OTk 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 q
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.
ventions covered by the patents. II
the property was sold under terms
and conditions that assured It's being
devoted to the public use 1t matters
not what benefits or detriments may
have flowed as incidents therefrom.
1.-THE property is In the keeping OF
men who have In its management no
selfish interest to serve and whose de.
votion to the public interest has been
continued the opinion.
mo 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
1t has done, not only by granting II.
censes In furtherance Of the purposes
for which It was chartered, but also
at its great expense, by distribution
Of books and pamphlets showing the
national necessity for practical devel.
opment Of chemical science in Ameri-
ca. II 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
of every tariff act.
The sale was in effect to America and
Its citizens, not to those then engaged
in chemical and allied industries"
Judge Morris ruled that II the ex-
ecutives entrusted by Congress with
power or sale acted within the scope
of that power their acts are not sub.
ject 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 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, l ap-
prehend. are not equipped to ascertain
1t. The statement of the rea.
sons actuating the President does mot
make his act any the less an act OF
discretion. 1t is conceded the Presi.
dent cannot be brought into court Ia
substantiate his reasons. The statuts
does not require him to disclose to
the purchaser the evidence upon
which his reasons were based. The
statute does not limit the Executive
In he assignment Of reasons to such
90 may be supported by legal evidence
or By facts available to the public"