PACE SIX COURT UPHOLCi i PATENT SALl U. S. Suit Against Chamijal ; Foundation Dismissed by i Judge Morns. CONSPIRACY CHARGE FAILS I Conduct of CHesn cal Faundatior Pra.aed <n Use of Former German | Patents for Benefit of American People. Vilr.:"?' r?. l - Its a ?.*: two 1 .i*s..*>ion which swu^t ?w?y ery on*: i the Governs eu; a major ' c- ?i.eei*?tantliwa a* fvltheiit baate In lac: or Federal J udse Hugh M Iftor- : -? d ;:s suit to > de tfc? s-.? of seized c.:*-ai ?' a . if ye Pa'qv.'s the A. eu Prcpe't* .;a:o du.- to 'Or ''beui.va, Founda-.:- b. lac. The lec.s:on rebuked the Govern etc: for including .b the bill of com pi*.-.. ? str.?s of cca?p racy chare*? UUUi.,<rte?i by evidence at the tr:a. enl rafuted by the defense wall ae bt documents fiicd by the Govern IDeat. In declining to compel tb* FauedaHon to restore t,-.e disputed iin:>iit?. uaib ring some 4.70b >id bougct for $271,000, from the Government Ju. jce Morris held there no evuleuc* lrc::rf oat allep&t.on of a ecus;-.racy by American rnanufectorers to *a?n a monopoly through the Found-' ea The court ruled that th?r ?a., no ridence of fraud or decr^i practiced VU r . v?iucut ?* iisvu, *. . v.i&, v uuvi Secretary of State: Attorn*-} General Fa.r and other h.gh officials of that Administration. Garvan's Course Upheld The op.n.on praieed Francis IV Oar an. president of toe Foundation, and tu trustees, as having n;e the mos, ?*?:. i,f tests c ',h?rir conduct of the Foundation -"the test of actual tr al." ' They were declared by the court to afford, through their high integrity and unquestioned patriotism a thorough assurance et loyalty to their Crust "It has kept the faith, said the court or the Foundation s work. Judge Morris found without merit the Government's .ontention that the criminal laws were violated In that Ur. Garvun. as A hen Property Custodian and thereby a public trustee, old to himself as president of the Foundation the patents In question He had acted by direction of Presi dent Wilson aud his acts, supervised the President under the letters vide war powers granted by Contress. could not he brought to court. Congress had not delegated legislative powers to President Wilson, as maintained by the plaintiff, and the courts could not pass judgment on the wisdom or lack of wisdom of Presidential war acts. Judge Morris recited that although Colonel Thomas R. Miller, present Custodian, who had approved two of the sales involved, verified the complaint. In his testimony he admitted that he could not enumerate any of the facts alleged to have been withheld and suppressed from him. "In view of this testimony and the obvious fact that the power to charge persons with fraud and conspiracy is a weapon with which serious !rremsdial Injury may be done to innocent persons if such charges are lightly made. It is difficult to undersian-l why the specific charges to which the foregoing testimony relates were made." wrote the court. "Yet the re znaining like charges were equally lacking in evidential support. In fact, t the argument, the plaintiff seemed no longer to press these chargei against the persons alleged to be con nlrators. but it sought to have ths Charges sustained as against the of fleers of the Government who fonnu lated and carried out in the public in terest the plan of sale. . . Whili I know of no case where by implica ticn of law the duty of clearing irsell from imputed fraud rents upon tht defendant, yqt the defendant has me' even this burden." Holds Wilson Had Full Power While the Trading With the Knemj Act at flr.it merely authorized cus todianship of Owman properties ii this country, it was later amended recalled the Court, to give power o: ale under such conditions as th< President, la the public interest should determine upon In effect, thli made the President, as agent of tb< nation. possessed of powers as broat a* though he wer- absolute owner o the seized properties Under the pro visions of the act. the President wai empowered to make any condition! of sale he considered necessary In th< circumstance^ The sales in dispute were r.ot mad< by the Custodian in his capacity as 2 common law trustee. but under tin extraord nary powers devolving upo him as the P"siden*'s represcn'atlre under ' i sectiocs of thi set. uecause ;? trustee w.tn or.iy am usual powers may not on! nari'.v trust property at pr'vate sal? for les than its fair monetary ralue. it hj no means follows tiiat the Custodian acting under supervision and dl rection of the President, may io* d< so." held the Court. "Obviously, thi primary purpose of the act was thi protection of the nation, not the bese fit of the enemy. The trust was fw the benefit of the notion? a puhJls Bst- a fit - vafc. ofiA Tfcj tau. > i . fs the Pree ' to consider tho c 1stm\?l Pubic LUi+rm*i U a<x 3a this reh t: Ju:g?? Morris Qootv tr*ci Pr* cent voo ni s?ag? 0 Co^riwt on the Maf<l Shoal-* I ;-.?blem that "while the price Is aa J ;?TUi?i -i at. there is another ' o:u<id*ration e?en mure compelling, j ' If thiy ux& ob>eei (w? price-1 J & -<&T-*e for '.sruikr? Jo peace and the ? >mn eat in ?ax? is acoompished. . amount of money received for the r: is no; a pr:ra??X7 or major 1 one. u e raii?> n." P 'orr.r^ to German owned properly. the court aatd: "Much of tiias property was not Inr.ooentiy beM or held solely for :ra ie and coc.n:er<-v Infernixtian aosctred by German?*aeJ companies tad b^en transmitted to Berlin, and Lberv ladeard end made sva:iso"te to llerc aa cots p?r tors and the German novernrrect The flea of cae company were filed not with bu=dn?-as paper* but with pin German U'era turs. It waa a distribution ce&trs for propaganda *n r" - r nntry " Upholds Conffscat on of Patents | Judxt Morris pr? n'e i out tr.at wh^n I America entered ihe war she adhert>1 tn the international conrecitioa Tor- 1 bidding po son gas. "b-t It soon be- | came a? pare ^: tba: America would be i fl 'S "'n -? s"y' ?'? tp r*T? 4 ! unless *h - *bo :'.d a uee ?.? all the dr?ad wwi/'if he-tig v?a*w ?ga:r.? her ' by the fee W'.en Germany p-r?:? -4 | in her atretnp-a to destroy her eppo- j rents w*h pn.svn gne 'c contraven I tion o* all international *2re*>m*?nts. she mad* 't manifest that America's , future *af< y lay in America* chemical ;nJAr?" ier.ee The am? ?dir.eat to the act wa? passed in the darkest day* of ti e wa~ 'allowing *he sale of e-Mzad projwMtl U w as Thought Paria was abo-?* t? fall an-1 th* 1 'hannel pjrta b* taken ** Tfc-?s? were the clreum vtancen en * the opinio*, "which impeded '""?r(frf*a ? grant th* President the brca.1 power* ef alm?*t absolute ?*w*er*h!p It was the Intent of Cory-^* to Mrt'.e mere property righ's to the we?far* of the na ton " Of the value of the parents sold. Judge Morris held. In accordance with the testimony thai while Dr Car! Holicrr.an. a German. assarted the Hab-r patents were worth $17.U00.0(^ to the Hermans, " he evidence is over whelming that they were and are without .hoAP.tial affirmative value re American liens. Had these patents been sr'.J to Americans at public rath* then pr;va'* sale and only the net proceed* pad to their former enemy owners these owners would have suffered an almost total loss in the value of 'heir property " Praises Work of Foundation As to allegations that ths sale was net to obtain a fair value, but to promote the interests of the chemical and dye Industries and that the transac lion 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. 1 think, neither by the facts nor the lav Mr. Polk determined the public interest would be host served by a wide use of the inventions covered by the patents It the property was sold under terms snd conditions that assured Its being devoted to the public use It matters not what benefits cr detriments may have flowed as incidents therefrom "The property Is In the keeping of men who have In its management no selfish interest to serve snd whose devotion to the public interest has been established." continued th* opinion ">Co belter plan for devoting the property to public use has been cug geeted The plan has stood the most severe of ail test* -actual trial Th? defendant has kept the faith. Thti ' it has done, not only by granting 11 censes In furtherance of the purposei for which it was charatered. but alst i at Its great expense, by distrtbstloc of books and pamphlets showing th? national necessity for practical devel oprnent of chemical science In Amerl engaged in the industries have de rived ?n incidental advantage front the plan that Incidental result canno Invalidate a transaction lawfully con summated in the public interest Th< f same charge would lie against th< 1 validity of every tariff act. ' 1 The sale was in effect to America an< its citizens, not to 'hose then engager in chemical snd allied industries." r Judge Morris ruled that if the e? cutives entrusted by t'ongress wit] i power of sale acted within the scop< of that power "the.r acts are not sub f Ject to Judicial nullsficatton or review Invasion by the courts to determin< whether the public interest require* the property he sold otherwise thai under the statutory conditions pre cribed and to set aside the sal< should the judgment of the court b< different from that of the Presiden would he a Judicial nullification no only of the President's act but a'.si of the act of Congress conferring 01 the President the power to deterniin what the public interests required What the public interest require* fji pend* upon the conditions existing 1i the nation Courts do not understar. :he state of the I'nion" and as I prehend. are not equipped to ascertali sons actuating the President does nn make hia act any the less an act n , discretion It is conceded the Pre* den; cannot be brought into court v substantiate Ifls reasons. The statut does not require him to disclose t. , the purchaser rhe evidence Upf, , which his reasons were baaed Th , statute does net limit the Exerutiv i In the assignment of reasons to tucl ! aa may he supported by legal evidenc i by facts a**i'*blt to the public." I - THE CHEROKEE SCOUT. BUR: Wehutty The -injfinjf school taujrbt at the ' ck -0:1. 1 h icy Rev. J " V;ker do* d Friday. A large r of visitor? were present Friday i i Stop the^--, i children's coughs at once! DONT let then rv.n on until Jarccrous ccrr.piicmons ?ct couehiiMt .?s Or. Bell s Tire Tar Honcv Ir coai :?j ;.c* )u>t the tr.-.d..1: - s vour .io.ii'T prescribes wuh me k time rcmrdv. r.ne tar h.-?:\ey. pi. Lcj { legm ! >><:.? - .i dc-:? . ? the irfiammation is- rcJu.rd ? -normal Weathin : i? r: ?t >rcJ. Ex.-cllert r w ar. ; a: ."i . L:. .- 'lkt I: tastes vj. t.^o. K'.-cp I>r. Bell's on ir-i t. r all the r. ly. A..' Bcjuteroatf :?w genuine. PR. BELL'S Piiu-'Tur Hom-v 4 Grass We have a big shiprr Grass Seeds to reach i CLOVER BLUE GRASS ORCHARD All of these seeds ai give entire satisfaction Cherokee Hai Murpl ^ma?m ' An i? !" I ? r i > i I mmm m|J 1 rwrcwi Kiif ffrTi? PEA h *1 ATLANTi i HY NORTH CAROLINA afterncon and seemed to enjoy the singing. * M:?. \V. M. While, of this place, sly ill after having urd.r . . r. peratiom K. Ytrner is slowly Improving 1 fr. 1 a severe of pneumonia. P A huge number or young peopde : 1 r?:.rttd a rice time at a singing 1 ..-.ven Sunday night by Mr. and Mrs.. P. O. Bigham. Rev. C L. Sentelle, of Farner, Ter.n.. preached an interesting ser- ] ' . r. for us after Sunday school Sun- [ ' hav. his text being "Run, speak to ; ' this y urg man." The p? ; le of this vicinity ar? for- ^ : :nate ir. ugh to ge a three months j iiiv.mer school taught at the Pack ' . h'H ] house. No. 3-A, beginning ' February ISth. Mrs. Stewart is reported as being j r. the sick list this week. EBR Pack, w;io hasgbeenB^ork^fl .. ? wn ic-ena v. .n nome iou?. ? Claud Crowder. Edgar Torronce; ?i Fred Hill, who have been going sehoo 'at Farnt-r. Term., spent the w( vk tnd horr.e folks. Rev. C. I- Scntelle visited our inging school Friday and also paid >hvrt vi-its to a few of our neighbors in the afterr.oor. J. N Suit, of Chattanooga. Tenn.. with O. L. Torrcnct. Horace Burger .. t- li.-ttd ?? nthe si<k list this week. Seed i ient of the following is in a few days: RED TOP TIMOTHY LAWN GRASS re the very best and will Call or write for prices | rdware Co.Inc. iy, N. C. - lliOUfl TOW) Pee G St "T ggggl sitior I^JSUiSr^Pa servi< tion knov SLEE-GA 1NCORP V LOUIS J. M. Vernor made a business trip o Turtletown, Tenn., Saturday. robacco Seed Available Si-v.ral farmers of this and adjoin. I ng sections have ra;sed crops of the j vhite burley tobacco and some of1 hem received excellent returns from J he last years crop and are planning J ;o grow larger crop? this year. It j is announced that now is the time to I 'ow seed beds, and it has been made j possible for the tested seed to be 1 handled in Murphy at Greens Grc?. rery, and other places. The seed will! >e limited and those desiring to sow j :>eds should call at Mr. Greens, or j :hv st< re handling them in their com-j munity .and secure these seeds at j nee. a a a M At U r ui\ i ie. Built up to a ! down to Sold under the f BRADLEY'S /^| DETRICK'S BOWKER'S Nsg RED RC For si HARRY M. REPRESENTATIVE WEST Addi Fietche Manufac THE AMERICAN ACRICU Farmers Fei Spartanburg, ! Y tcemc NSON & AN! NOW DISTRIBUTE ?e Paints, V aixts and En< in Murphy vith great pleasure t ce the appointment c aderson as distribul 5ee line in Murphy. ce 1867, more than he Pee Gee trademai olic of quality. Tod hed in the minds oi Dusands of users whc d to specifying Pee isk of "Saving the no. wnson &. Anderson 1 to render quick ar ce and will give pro to those who make i m. ULBERT ORATED 5VILLE 1 I Friday, F?brnary 22, 1924 I MADE THE SAME AS I THIRTY YEARS AGS FOR 30 year* physicians han prescribed Guae's Pepto-Maiy i gau because it contains a f^n I of iron which is readily absoicdi ' doe3 not upset tho stomach or the teeth, and is a splendid tooie and blood er.richer. At yovrjfo?. gist's, in both liquid ar.d *-SbL?. Free Trial Tableti I'.f.fo r~~jt value of Gude't Fcpto-Jlirigaa. write ttdto for generous Trial FarW?g? cf Tab'-tta. Sjqj ro money ? juat n?ir? a'1, uddrt* w U. J. Lrcitcnbsch Co.. ?S Wama St, 2a, J Gude's Pepto-Man^an Tonic and Blood Fnrichtr i yy UClllLV .IZERS standard?Not a price ollowing brands I ^ FISH BRAND ???) PATAPSCO ^ ZELL'S )OSTER lie by ROBERTS ERN NORTH CAROLNA e*?: r, N. C. tured by LTURAL CHEMICAL GO. 'tllizer Works South Carolina int DERSON armshes imels hat we an* >fTownson tors of the fifty years rk has been av it is en f hundreds 3 are accusGee when Surface" is are in a po id efficient j * mpt attentneir wants y . i CO. DALLAS ]

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