Show COURT UPHOLDS PATENT SALE U S suit against chemical foundation dismissed by judge morns morris conspiracy CHARGE FAILS conduct of chemical foundation praised in UK use of former german patent palette lor for benefit of 0 ameri amerl can people n del 11 in a page decision waith ax it away ev ery one on of 0 the government a major coo ai as being without bail basis to 0 net fact or law federal judge clugh M it arris dismissed its it suit to a let et aside the kale sale of seized chemical and d dye patents by the alleo allen a custo jinn dian 0 to o the chemical foundation loc inc the decision rebuked the govern for or including in the bill of coin com plaint a eerie series of conspiracy cona piracy charges unsupported anui ported by evidence at the trial and refuted by the defense aa as well ai as by document documents filed flied by the tb govern ment merit in declining to compel the found tion to restore the disputed patent patents cumbering some amp 4 and bought tor for from the government judge morras held there waa was DO no evidence bearing out allegation ot of a conspiracy by american manufacturer manufacturers to effect a monopoly through the foundation the ourt ruled that there waa was no evidence of fraud or deceit practiced on president wilson mr polk under secretary of stale state attorney general palmer and other high als ot of that administration Oar vans course upheld the opinion praised francis 11 gar van president preil dent ot of the foundation and iti its trustees as having met the most evere severe ot of eita tests in their conduct ot of the be Foundation the teat test of actual trial they were declared by the court to afford through their high integrity and unquestioned patriotism a thor ouch assurance ot of loyalty to their trust it has kept the faith said the court ot of the foundation a work judge morris found without merit the government governments a contention that the criminal lawa were violated in that mr gr garvan gra a aa a alien allen property custodian and thereby a public trustee sold to himself as president ot of the foundation the patents in question lie ile had acted by direction ot of dent ilson and his acts supervised by the president under the latter s wide ade yar ipar powers granted by con greti 8 could not be brought to court congress had cot not delegated legisla tive powers to president wilson jib u maintained by the plaintiff and arid the courts could not pass judgment on the wisdom or lack ot of wisdom ot of I 1 presidential war act acts judge morris recited that although colonel thomas IL miller present custodian who bad had approved two ot of the sales involved verified the coni cow plaint in bis his testimony he admitted that be he could not enumerate any ot of the facts alleged to have been with held and suppressed from him in view ot of this testimony and the obvious tact fact that the power to charge persons with fraud and la Is a weapon with which serious dial injury may be done to innocent persons it uch such charge are lightly made it la in difficult to understand why the specific charge charges to which the foregoing testimony relates were made wrote the court yet the tho remaining rha InIng like charges were equally lacking in 1 evidential support in fact at the argument the plaintiff seemed po no longer to press these charges against the persons alleged to be con sp raton but it sought to have the charges sustained aa as against the of acers of the government who formu and carried out in the public in terest the plan of sale white while I 1 know of no to case where by implies lion of law the he duty of clearing itself from imputed fraud rests upon the defendant yet the defendant has met even this burden holds wilson had full power while the trading with alth the enemy aca at first merely authorized cus of german properties in this country cou ritty it was later amended recalled the court to civo power of at uch such conditions as the president in the public la interest should determine upon in a this hadit the Pre president ident eident as s agent of ot the nation Ps pressed essed of powers As broad as though he be were absolute owner of the 1 properties under the provisions of the act the president was s empowered to 10 make any condit conditions lons of sale he be considered necessary nece esary in to the |