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 ]