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Show '';-K:;;- , sj , I:: THE BINGHAM NEWS : ' : : V ' , .v: t - FOR SALE HOUSEHOLD FURNITURE. Apply 132 Markham NOTICE Something new and te Funny Banquet Novelties, Ta-ble Decorations and Favors. tH SALE ,i Hudson automo-bile. Steck Pianola. No. 550 Miller Coal Range. Westing-hous- e Hot Plate, with two heat-ers. Dining room set, living and bed room furniture. Sewing ma-chine. Refrigerator. Electric washing machine. J. H. MANWARING Utah Apex Mine CITY CAFE You Don't Have to Go Hungry in Bingham YOU CAN EAT HERE FOR $1.00 PER DAY GIVE US A TRIAL 531 MAIN STREET Dance prizes and everything to make the world brighter. (Art Pictures) Get our catalog Free for the asking. BIG INDIAN 141 Regent St. Salt Lake City BINGHAM STAGE LINE Schedule Now Effective Cars leave Bingham 8, 9, and 11 a. m. and 1, 3, 5, 7 and 9 p. m. Cars leave Salt Lake City 7, 9. and 11 a. m. and 1. 3. 5. Bingham Canyon Meat Co". Successors to JEROME BOURGARD We carry the choicest of MEAT, FISH AND POULTRY SATISFACTION GUARANTEED Why not trade with us now? You will eventually. Phone No. 205 Pone No- - 5 Highland Boy Main Street r" 7, 9, and 11 p. m. Local Office The Diamond Main Street Phone 41 FARES Round Trip $2.50 One Way ....... 1.50 Salt Lake City Office Semloh Hotel 107 E. 2nd So. St. Phone Was. 1069 We can supply you with the choicest of Home-Mad- e Candies; also Candies boxed by the best manufacturers. ROYAL CANDY CO. Nos. 1 and 2 Chili and Tamales Fresh Daily Light Lunches BINGHAM, UTAH AMUNDSEN PHOTO CO. OF SALT LAKE will open a branch Studio here in the near future. ...A representative of the firm will make a house-to-hous- e canvas and will give you special rates on any kind of photograph you desire. FIRST CLASS WORK, REASONABLE PRICES Give Us A Call When in Salt Lake City HOME OFFICE 126 South Main Street, Salt Lake City. California Fruit Company Wholesale and Retail Greengrocers FRUITS and VEGETABLES of ALL KINDS DAILY We deliver anywhere any time Phone 293 BINGHAM 4, Main Street THE MURRAY LAUNDRY " f ' ' ' . ;, , First instituted in Midvale in 1910, moved to Murray in 1911 and early in 1912 incorporated as the Murray Laundry Co. ...In 1914 business continued to increase in volume and a new daylight factory was erected with j more than 22,000 feet of floor space, exclusive of the power plant and garages The Murray Laundry Co. manufactures electrical power to operate all their machinery and have their own artesian wells with a flow of more than 100,000 gallons of pure soft water daily. The management advises that they are now employing over 100 people and are serving more than 4,000 families. ' GEORGE A. STREADBECK LOCAL AGENT Phone 98 BINGHAM ttj- - i"ff Eagle Grocery and Meat Market ALSO IN CONNECTION W EAGLE HOTEL and BOARDING HOUSE CLEAN, MODERN ROOMS AND FIRST-CLAS- S BOARD I AT REASONABLE PRICES ft I We carry a full line of up-to-da- te GROCERIES, FRUITS and VEGETABLES WE CARRY FRESH FISH AND THE BEST OF POULTRY I "IT" 43-43-- CARR FORK BINGHAM ; GIVE US A TRIAL Phone 21 ; M KNOW THE SOURCE of YOUR MILK SUPPLY The Only Perfect Food Dependable Service HOGAN DAIRY i 10URT UPHOLDS PATENT SALE U. S. Suit Against Chemical Foundation Dismissed by Judge Morris. CONSPIRACY CHARGE FAILS quires the President to consider the public Interest. Public Interest is not a synonym for money." In this relation Judge Morris quot-ed from President Ooolidffe's message to Congress on the Muscle Shols problem, that "while the prloe Is an Important element, there is another consideration even more compelling. If this main object (low-price- d 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-owne- proper-ty, the court said: "Much of this property was not Conduct of Chemical Foundation Praised In Use of Former German Patents for Benefit of Ameri-can People. Wilmington. Del. In a sixty-tw- o page decision which swept away ev-ery one of the Government's major contentions as being without basis in innocently held or held solely for trade and commerce. Information ac-quired by German-owne- d companies had been transmitted to Berlin, and there indexed and made available to German competitors and the German Government The flies of one com-pany were filled not with business papers, but with n litera-ture. It was a distribution centre for propaganda in this country." Upholds Confiscation of Patents Judge Morris pointed out tht when America entered the war she adhered to the international convention 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 toe. When Germany persisted In her attempts to destroy her oppo-nents with poison gas In contraven-tion of all International agreements, she made It manifest that America's future safety lay In America's cheml- - fact or law, Federal Judge Hugn m. Morris dismissed Its suit to set aside the sale of seized chemical and dye patents by the Allen Property Custo-dian to the Chemical Foundation, Inc. The decision rebuked the Govern-ment for including in the bill of com-plaint a series of conspiracy charges unsupported by evidence at the trial and refuted by the defense as well as by documents filed by the Govern-ment. In declining to compel the Founda-tion to restore the disputed patents, numbering some 4,700 and bought for cal Independence. The amendment to the act was passed In the darkest days of the war (allowing the sale of seized properties). It was thought Paris was about to fall and the Chan-nel ports be taken." These were the circumstances, said the opinion, "which Impelled Congress to grant the President the broad powers of almost absolute ownership. It was the intent of Congress to subordinate mere prop-erty rights to the welfare of the na-tion." Of the. value of the patent sold, Judge Morris held, in accordance with the testimony, that while Dr. Carl Holderman, a German, asserted the Haber patents were worth $17,000,000 to the Germans, "the evidence is over-whelming that they were and are without substantial affirmative value 1271,000, from the Government, Judge Morris held there was no evidence bearing out allegation ot a conspiracy by American manufacturers to effect a monopoly through the Foundation. The court ruled that there was no evidence of fraud or deceit practiced on President Wilson, Mr. Polk, Under Secretary ot State; Attorney General Palmer and other high officials of that Administration. Garvan'a Course Upheld The opinion praised Francis P. Gar-van- , president ot the Foundation, and Its trustees, as having; met the most severe ot tests In their conduct ot the Foundation nhe test ot actual trial." They were declared by the court to afford, through their high Integrity and unquestioned patriotism, a thor-ough assurance of loyalty to their trust "It has kept the faith." said the court of the Foundation's work. Judge Morris found without merit the Government's contention that the criminal laws were violated in that Mr. Garvan. as Alien Property Custo- - 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." dlan and thereby a public trustee, sold to himself as president ot the Foundation the patents In question. He had acted by direction ot Presi-dent Wilson and his acts, supervised by the President under the tatter's wide war powers granted by Con-gress, could not be brought to court. Congress had not delegated legisla-tive 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 com-plaint, in his testimony he admitted that he could not enumerate any of the tacts alleged to have been with-held 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 irreme- - Praises Work of Foundation As to allegations that the sale was not to obtain a fair value, but to pro-mote the Interests of the chemical and dye Industries and that the transac-tion was In legal effect granting a subsidy to private Industry, the Court commented, "this challenge to the motives ot the officers making the sale Is supported, I think, neither by the facts nor the law. Mr. Polk de-termined the public Interest would be best Berved by a wide use of the In-ventions covered by the patents. It 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 its management no selfish interest to serve and whose de-votion to the public Interest has been established," continued the opinion. "No better plan for devoting the dial Injury may be done to innocent persons it such charges are lightly made, it Is difficult to understand why the specific charges to which the foregoing testimony relates were made," wrote the court "Yet the re-maining like charges were equally lacking In evidential support. In fact, at the argument, the plaintiff seemed no longer to press these charges against the persons alleged to be con-spirators, but It sought to have the charges sustained as against the of-ficers of the Government who formu-lated and carried out In the public In-terest the plan of sale. . . While 1 know ot no case where by Implica-tion of law the 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 the Enemy Aot at first merely authorized cus-todianship ot German properties In this country, It was later amended, recalled the Court, to give power of sale under such conditions as the President, In the public Interest, should determine upon. In effect, this made the President, as agent ot the nation, possessed of powers as broad as though he were absolute owner ot the seled properties. Under the pro-visions ot the act. the President wms empowered to make any conditions ot sale he considered necessary In the circumstances. The tales In dispute were not made by the Custodian In hie capacity as a common-la- trustee, but under the extraordinary powers devolving upon him as the President's representative, under the additional sections of the act "Because a trustee with only the usual powers may not ordinarily sell trust property at private sale for less than Its fair monetary value, It by no means follows that the Custodian, acting under supervision and di-rection of the President, may not do so." held the Court. "Obviously, the primary purpose of the act wan the protection of the nation, not the bpne-fi- t of the enemy. The trust was for the benefit 01 the nation--- a public, not a private trust. The statute re- - property to public use has been sug-gested. The plan has stood the most severe ot all tests actual trlaL The defendant has kept the faith. This It has done, not only by granting li-censes in furtherance of the purposes for which it was charatered, 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. It. perchance, those heretofore engaged In the Industries bare de-rived an Incidental advantage frpm the plan, that Incidental result cannot Invalidate a transaction lawfully con-summated In the public Interest. The same charge would lie against the validity ot 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 If the ex-ecutives entrusted by Congress with power of sale acted within the scope ot that power "their acts are not sub-ject to Judicial nullification or review. Invasion by the courts to determine whether the public Interest required the property be sold otherwise than undr 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 nullification not only of the President's act but also of the act ot Congress conferring on the President the power to determine what the public interests required. What the publlo interest requires de-pends upon the conditions existing In the nation. Courts do not understand the 'state of the Union' and as, I ap-prehend, are not equipped to ascertain It The statement of the rea-sons actuating the President does not make his act any the less an act of discretion. It is conceded the Presi-dent cannot be brought Into court to substantiate his reasons. The statute does not -- equire him to disclose to the purchaser the evidence upon which his reasons were hased Tbf statute does not Mmlt the Rxecutlv in the assignment of reasons to suet as may be supported by legal evidence or by tacts available to the public." Binder for Cigars. Chemists of Lehigh university have Just perfected a binder for use in cigars which It Is claimed will per-mit carrying a cigar In the pocket without fear of breaking It under or-dinary conditions. An Oversight. Is quite In vogue and Is highly successful In so many eases where the citizen has failed to mine the approaches to his money and chat- - tela. |