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Professional Cards
WILLIAMS, PURVIS & WILLIAMS
Attorney»-at-Law
Lyons, Georgia
Qualified to practice in all Courts
both State and Federal.
6. W. Lankford. C. A. Roger*.
LANKFORD * ROGER*
ATTORNEYS AT LAW.
Phone No. 24
•file* in Toemh* t'ennty Bank BM*
LYONS, GA.
B. H. GRACE
LAW AND REAL ESTATE
Special Attention Given to
Collections
UVALDA, GEORGIA
Telephone Connections
1. H. Corbitt J. Ellis Pop*
CORBITT & POPE
ATTORNEYS-AT-LAW
Lyons, Georgia
Office in the McNatt Building
Will practice in all courts, Municipal
State and Federal.
MONEY TO LOAN
FARM AND CITY PROPERTY
—AT—
SH PER CF.NT INTEREST
5,7, and 10 year*.
DESS GRAY
Catarrh
Catarrh is a local disease, greatly
influenced by constitutional con
ditions. HALL’S CATARRH
MEDICINE is a Tonic and Blood
Purifier. By cleansing the blood and
building up the System, HALL’S
CATARRH MEDICINE restores
normal conditions and allows Na
ture to do its work.
All Druggists. Circulars free.
T. J. Cheney & Co., Toledo, Ohio.
Hastings'Seeds
This is the greatest and most accu
rate Seed Book ever published for the
South. 100 pages, full of actual photo
graphic pictures, handsome cover
pages in full colors, accurate descrip
tions, valuable culture directions and
’’e most useful Seed Book there is.
* is absolutely free, and we want
to have it in your home. Hast
gs’ Seeds, "The Standard of the
South,” aro, as always, the best seeds
grown. Garden, field and flower
seeds, plants and bulbs that do well
in South are all fully described with
1924 attractive prices, the lowest we
can possibly sell good seeds, plants
and bulbs. All our 1924 customers
will get 6 seed packets of beautiful
flowers absolutely free. The big new
1924 Seed Book tells all about It.
Write for It today.
H. G. HASTINGS CO., SEEDSMEN,
ATLANTA, GA.
ASPIRIN
Say “Bayer’' and Insist!
Unless you see the name "Bayer” or
, package or on tablet* you are not get
* ting the genuine Bayer product pre
soribed bv physicians over twenty-two
years and proved safe by millions for
Colds Headache
Toothache Lumbago
Earache Rheumatism
Neuralgia l’ain, Pain
Accept “Bayer Tablets of Aspirin”
only. Each unbroken package contain*
proper directions. Handy boxes of
twelve tablets cost few cents. Drug
gists also sell bottles of 24 and 100.
Aspirin is the trade mark of Bayer
Manufacture of Monoaceticacidester of
SalicylicacitL
UPHOLDS
PATENT SALE
U. S. Suit Against Chemical
Foundation Dismissed by
Judge Morris.
CONSPIRACY CHARGE FAILS
Omiuet of Chemical Foundation
Praised In Ue# of Former Gorman
Patents for Benefit of Amort
m People.
WDmtegtea, Dot —In ■ to. ty-two
papa AeeWtem which swept awe# ov
ary am of (ha Government** a»#dof
iwliattoM an beta* wfthoat boats in
(Mt &r war, Federal Jedg« Hugh M.
Morris dismissed It* suit ta set aside
Um sale of seined chemical and dye
pmtaata by the Allan Property Custo
dian to the Chemical Foundation, Inc.
The decision rebuked the Govern
ment for Including In the bill of com
plaint a aeries of conspiracy charges
unsupported by evidence at the trial
and refuted by the defense a* well a*
by document* filed by the Govern
ment.
In declining to oompel the Founda
tion to restore the disputed patents,
numbering some 4,700 and bought for
1171,000, from the Government, Judge
Morris hold there waa no evidence
bearing out allegation of a conspiracy
by Amarioan manufacturers to effect a
monopoly through the Foundation.
The court ruled that there waa no
evidence of fraud or deoeit practiced
on President Wilson, Mr. Polk, Under
Secretary of Stata; Attorney General
Palmer and other hlgb officials of that
Administration.
Garvan’a Course Upheld
The opinion praised Francis P. Gar
van, president of tbe Foundation, and
Its trustees, as having met the most
severe of tests in their conduct of the
Foundation —'‘the test of actual trial.”
They were declared by the court to |
afTord, 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 Morrlß found without merit
the Government's contention that tbe
criminal laws were violated In that
Mr. Garvan, as Allen Property Custo
dian and thereby a public trustee,
sold to himself as president of the
Foundation the patents in question.
He had acted by direction of Presi
dent Wilson and his aets, supervised
by tbe President under the letter's
wide war power* granted by Con
gress, could not be brought to oourt.
Congress bad not delegated legiala
tive powers to President Wilson, aa
maintained by the plaintiff, and the
courts could not peas Judgment on
the wisdom or lack of wisdom of
Presidential war aeta.
Judge Morris recited that although
Colonel Thomas R. Miller, present
Custodian, whe bad approved two of
tbe sales Involved, verified the com
plaint. In his testimony be admitted
that he could not enumerate any of
the facts 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
dlal Injury may be done to Innocent
persons If such charges are lightly
made, It le difficult to understand j
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 teemed
no longer to press these charges
against the persons alleged to be con
spirators, bnt it sought to have the
charges sustained as against tbe of
ficers of the Government who formu
lated and carried oat in tbe public In
terest the plan of sale. . . . While
1 know of no ease where by Implica
tion of law the duty of clearing Itself
from Imputed fraud rests upon the
defendant, yet the defendant baa met
even this burden.”
Holds Wilton Had Full Power
While the Trading With the Enemy
Aot at first merely autboriaed cus
todianship of German properties in 1
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 effeot, this
made the President as agent of the !
nation, possessed of powers as broad
as though he were absolute owner of
the seized properties Under the pro
visions of the act, the President waa
empowered to make any conditions
of sale he considered necessary in the
circumstances.
The sales in dispute were not made
by the Custodian In hie capacity as a
common-law trustee, but under the
extraordinary powers devolving upon j
him as the President’s representative, !
niulpr the additional sections of the
act. "Because a trustee with only the j
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. “Obviou*lv, the
primary purpose of the act was th*
protection of the nation, not the bene
fit of the enemy. The trust was foi
the benefit of tht nation—a public,
Dot a private trust. The statute re
THE LYONS PROGRESS. LYONS. GEORGIA.
quires (he President to cotv
public Interest. Public inter
a aynonym for money.”
In this relation Judge Mottl* quot
ed from President Coolidge’s message
to Congress on the Muscle Shoals
problem, that “while the prloe Is an
Important element, there is another
consideration even more compelling.
• * • If this main object (low-priced
nitrates for farmers in peace and the
Government in war) is accomplished,
the amount of money received for the
property is not a primary or major
consideration."
Referring to German-owned proper
ty. the court said:
“Much of tbJe property was not
innocently held or held solely for
trade and commerce, lnformartton ac
quired by German-owned oom panics
bad been transmitted to Ber Ma. and
Own Indexed end made avotlaMe to
German competitors and the German
Per ei eaient Tbe file* of ene com
pany *#< filled net wttk beefnea*
paper*, bnt wKh pen-Gevwinn Mtara
ten. It wn* * AistrTbatkxj centre tor
propaganda In this country."
Upheld* Confiscation of Patents
Judge Morris pointed out that when
America antered th* war she adhered
to th# international convention for
bidding 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
dreed weapons being used against her
by the toe. When Germany persisted
in her attempts to destroy her oppo
nents with poison gas In oontravec
tkm of all tnhematleneJ agreements,
she made H manifest that America’s
future safety lay In America's chetnl
cal Independence. Tbe amendment to
the act waa passed In the darkest
days of tbe war (allowing th* sale of
seized properties), k was thought
Paris wns about to tall aad tbe Chan
nel ports be taken." Than* ware the
circumstances, said tbe opinion,
“which Impelled Congress to grant the
President the broad powers of almost
absolute ownership. K was tbe Intent
of Congress to subordinate mere prop
erty rights to the welfare of the na
tion.”
Os tbe value of the patents sold.
Judge Morris held. In acoordance with
the testimony, that while Dr. Carl
Holderman, a German, asserted the
Haber patents were worth 117,000,000
to the Germans, "the evidence is over
whelming that they were and are
without substantial affirmative value
to American citizens. Had tbeee 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."
Praises Work of Foundation
As to allegations that tbs sale waa
not to obtain a fair value, but to pro
mote the Interests of the ohemloal and
dye Industries and that the transac
tion was is legal effeet granting a
subsidy to private Industry, the Oowrt
commented, "this ehallenge te the
motives of the officers making the
sale Is supported. I think, neither by
the facts aer the law. Mr. Palk de
termined the public Interest would be
best served by a wide use es the In
vention* covered by th* patents. It
tbe property was told under terms
and condition* 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.
“Nio 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
It has done, not only by granting li
censes in furtherance of tbe purposes
for which M was ebaratered, but also
at its great expense, by distribution
of books and pamphlets showing the
national necessity for practical devel
opment of chemical scienoe In Ameri
ca. If perchance, those heretofore
engaged In the Industries have de
rived an Incidental advantage from
the plan, that incidental result cannot
invalidate a transaction lawfully con
summated In the public interest. The
same charge would lie against the
validity of every tariff act • • •
The Bale was in effect to America and
<ts citizens, not to those then engaged
in chemical and allied Industries."
Judge Morris ruled that If the ex
ecutives entrusted by Oongress with
power of sale acted within the scope
of 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
under the statutory conditions pre
scribed and to set aside the sals
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 of Congress conferring on
the President the power to determine
what the public Interests required.
What the public interest requires de
pends upon the conditions existing In
the nation. Courts do not understand
(be ‘state of tbe Union' and as. I ap
prehend. are not equipped to ascertain
It. * • * The statement of the rea
sons actuating the ’resident does not
make his act any ihe less an act of
discretion. It is c iceded the Presi
dent cannot be brought Into court to
substantiate his reasons. The statute
does not require him to disclose to
the tl evidence upon
which his reasons were based. The
statute does not limit the Executive
in he assignment o' reasons to such
as may be supported by legal evidence
or bj facts available to tbe public.”
STOP-LOOK-LISTEN
DANGER JUST AHEAD
HASTINGS DECLARES PRESENT
SOUTHERN FARM TREND
DANGEROUS.
Atlanta, Ga. — (Special.)—"Unless
the present farm trend toward in
creased cotton acreage In 1924 is
checked within the next two or three
months, disaster will stare our farm
ers In the face next fall,” declares H.
G. Hastings, leading agricultural au
thority and Chairman of the Farm
and Marketing Bureau of tbe Atlanta
Chamber of Commerce.
“On every hand oornes reports that
tbe farmers of tbe South are planning
and preparing fior a large increase In
cotton acreage ever tbe already ex
cessive eottaa acreage of ISM, and,
with tbe tabor shortage, this Inevita
bly means a decrease In food and,
grata acreage.
“When will our cotton growing
folks learn the lesson that big cotton
acreage In, a favorable or even near
favorable season means more cot
ton than the world can take care of
promptly and a price smash resulting
that brings either farm bankruptcy or
financial crippling to our people?
“There was enough cotton acreage
in 1923 with even fair growing seasons
to have made sixteen to eighten mil
lion bales and a price of 10 cents, or
thereabouts. The only thing that
saved us from our own folly in 1923
was Providence stepping ta with heat
ar.d drought west of the Mississippi
River and excessive rain and boll wee
vil in the Southeast, the two com
t—»d cutting the crop to ten million
l es.
“Stop—Look—Listen! is a common
farm of sign at dangerous railroad
croseings. The present cotton situa
tion and present abnormal high price
on. ht to be a Stop—Look—Listen
sign to every farmer In the South who
is even remotely thinking of adding
cottcn acres and cutting down food
and Grain acres in 1924.
"It s a 100 to 1 bet that they will
lose whichever way things go. If bad
seasons and boll weevil don’t get
them, a price lower than a paying one
will. If there was ever a time in the
history of the South when the cotton
farmer in the South ought to play safe,
it is in this year of 1924.
“The South and the individual farm
er in the South will never accumulate
farm wealth until he quits gambling
in cotton, gambling through big acre
age plantings at high price periods,
and produces, as a steady year in and
year out policy, all the food and grain
needed for home needs on home
acres.”
666 quickly relieves Colds and La-
Grippe, Constipation, Biliousness and
Headache*.
-W cV f \
From time immemorial, leavening'
gas has made the “touch” which
mafle the paste of flour and water
, a digestible food—the staff of life.
A flat and soggy loaf or biscuit is an
unleavened food. So it is that leaven
ing agents such as yeast or baking
powder are employed.
To insure to the American housewife
complete leavening of her biscuits,
cakes, muffins, etc., which is so impor
tant to perfect digestion, the pure food
authorities found it wise to require a cer
tain standard of leavening strength in
baking powder.
To maintain this guaranty of digestibility—
to insure minimum deterioration of leaven
ing strength, baking powder is packed in tin.
This prevents absorption of atmospheric mois
ture. Dampness produces premature reaction
in the can —results in loss of leavening gas.
The food official, would properly condemn bak
ing powder if packed in cheap sacks.
But what about self rising flour? It comes to the
• southern housewife from remote northern mills
packed in porous bags. What happens to this
mixture of baking materials and flour?
Chemical analysis shows that much of it has lost
its leavening strength before it reaches the consumer,
Breadstuffs made with such self-rising flours cannot
rise properly—they come to the table heavy, flat, and
soggy.
Why don’t’the pure food officials demand that self-rising
flours contain 0.5% leavening gas, the equivalent to the
12% required of baking powder?
Calumet Baking Powder is scientifically and legally cor-'
/ rect—the last spoonful is as pure and sure as the first \
Packed in tin-keeps the strength in
——^——'" ' ——
I Announcement I
We beg to announce to our friends that we have opened a jHj
Storage Battery Service Station for Lyons and vicinity. Wa will §||j
do all kinds of repairing storage batteries and charging. Our mm
station is being run by competent men and we guarantee satis*
faction.
When the battery on your car needs attention, we will fi|
be pleased with yonr patronage.
Respectfully,
Lyons Storage Battery Company ,1
(WILLARD SERVICE)
(Located: Rear Lyons Motor Company)
* ******** »» »» »» * *»* »
+ *
«* i
f Toombs County i
Bank
■ X
• ► o
• *
:: A New Years Resolution. To plan my ::
•j* <.
I farming so as to turn under a crop that ::
■* * ►
| will make my land richer and make ::
I more money to deposit in the |
I . TOOMBS COUNTY BANK j
CAPITAL AND SURPLUS - - - $37,000.00 X
:: lyons, Georgia
:: officers: ::
ll W. A. McNATT, President. R. L. PAGE, Vice-Pres. <►
:: W. T. CHINA, Cashier.
il
J i