poses in the Diistrict of Columbia, l'util the recent a c t i o n of t h e District C o m missioners in t a x i n g i t s h o m e , it hits never been compelled t o p a y a n y taxes by a n y state, municipal, or federal agency incident to t h e carrying on of i t s educational a n d scientific work. A t the present time t h e S O C I E T Y has a membership o f 31,000 c h e m i s t s a n d chemi cal engineers. I t has a m e m b e r s h i p in t h e District of Columbia of 813. It has hut t w o paid officers, t h e Secre tary and Business Manager a n d t h e T r e a s urer. All other officers and Directors serve without compensation. T o further i t s dissemination of informa tion it publishes five journals as follows: T h e Journal of the American Chemical Society with a circulation in 1941 of 12.505: Chemical Abstracts w i t h a circulation o f 14,243: Industrial and Engineering Chemtry with a circulation of 2 4 , 0 3 0 ; t h e Analytical Edition w i t h a circulation o f 2 4 , 0 3 0 ; and C H E M I C A L
AND
ENGINEERING
N E W S , which g o e s to e v e r y member. with a circulation of 34.156. Its total revenue in 1941 w a s $ 7 9 8 , 5 1 2 . 1 1 . Its t o t a l expenditures were $ 8 7 4 , 302.28. The
AMERICAN
CHEMICAL. SOCIETY
be
lieves that t h e present e x e m p t i o n s t a t u t e is adequate for the description of i n s t i t u tions to be e x e m p t e d , unless it b e t h e d e sire o f Congress to penalize those institu t i o n s Which a r e carrying on far-flung e d u cational activities of t h e greatest impor t a n c e . Education d o e s not cease w h e n o n e is graduated from g r a m m a r school, from high school o r preparatory school, from college, nay, e v e n from professional schools after an academic degree h a s been o b tained. It i s a continuing process, e v e r broadening t h r o u g h o u t life. O n e of t h e greatest functions of a s o c i e t y s u c h as t h e
Heport Xo. 150.X to the House of Rep resentatives 75th Congress. 1st Session, presented again at this hearing has here tofore been available only in the records of Congress. It is such a rer able document, carrying as it does unstinted
1st
Session
}
HOUSE
OF
C H A R L E S L. P A R S O N S ,
Secretary
and Business
Manager
AMERICAN CHEMICAL SOCIETY
Following t h e a b o v e s t a t e m e n t theSecretary w a s questioned a t l e n g t h b y S e n a t o r McCarran a s t o t h e S O C I E T Y ' S educational a c t i v i t i e s a n d functions, finan cial receipts, a n d expenditures. Full d e tail is available to a n y o n e w h e n t h e hear i n g s of the District of C o l u m b i a C o m m i t t e e arc u l t i m a t e l y issued as a public document. T h e Act o f Incorporation, H . R . 7 7 0 9 , referred to in the S e c r e t a r y ' s s t a t e m e n t w a s printed i n t h e N E W S EDITION 1 for J a n u a r y 20, 1938, page 4 7 .
1092
CAN
CHEMICAL SOCIETY and its
under
takings, that it is printed here in full as an official record for future easy reference. REPRESENTATIVES
{
χ^Τδ
Incorporating the American Chemical Society A U G U S T 11, 1937. -Committed to t h e C o m m i t t e e of t h e W h o l e l i o u s e on t h e s t a t e of t h e Union a n d
ordered to b e printed
Mr. TOWEY. from the Committee ou the Judiciary, submitted the following
Report (To a c c o m p a n y H . R. 7 7 0 9 |
THE Committee on the Judiciary, to whom was referred the bill H. R. 7709, after consideration, report the same favor ably to the House with amendments with the recommendation that the bill as amended do pass. The committee amendments are as fol lows: On page 3, line 10, after the words "United States" strike out the period and insert the following: : Provided, That the title to any and all inventions and discoveries made in the course of such investigations, examina tions, and experiments that, in the opinion of the Secretary of the Navy or the Secre tary of War involve the national defense, shall vest in the Government of the United States, and the Government of the United States shall have unlimited license under all other such inventions and discoveries.
A M E R I C A N (CHEMICAL S O C I E T Y is t o bring
to i t s members t h e v e r y l a t e s t information in t h e entire field of c h e m i s t r y , s o that all, whether still student in college, teacher, or professional chemist .or engineer in i n dustry, officer in o u r A r m y , N a v y , or Marine Corps, researcher i n g o v e r n m e n t , or wherever e m p l o y e d in t h e field of c h e m i s t r y , shall c o n s t a n t l y increase h i s or her knowledge of this subject.
endorsement by five government depart ments and the Judiciary Committee of the House of Representatives of the AMERI
On page 5, after line 9, insert a new sec tion, as follows: SECTION 8. That the corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year, including the full and complete statement of its receipts and expenditures. Such reports shall not be printed as public documents. On page 5, lines 10 and 12, change sec tions 8 and 9 to sections 9 and 10, respec tively. The committee has heretofore stated its position—that it will limit its recom mendation of federal incorporations to organizations national in character, and which assist in the execution of some ex pressed and implied powers in the Consti tution, or form governmental functions thereunder. It is the judgment of the committee that this proposed incorporation comes within the rule stated. The purpose of the bill is to provide a charter under the laws of the United States of America for the AMERICAN CHEMICAL SOCIETY, originally organized in
CHEMICAL
1876. It is a nonprofit, nonstock, mem bership corporation. The SOCIETY is the largest organization in the world devoted to science. It has a membership of 20,500, and includes in its membership nearly all prominent chemists in America, including such men as Nobel prize winners, the presi dent of Harvard University, the president of the Massachusetts Institute of Tech nology, and also includes the heads of every prominent chemical industry who, being chemists, are eligible to membership; the leading research and industrial chem ists of the country, National, State, and municipal; chemists in private employ; and the professors and instructors in the chemical departments of schools, colleges, and universities. The objects of the SOCIETY, since its in ception, have been to encourage the ad vancement of chemistry and chemical in dustry in all its branches; the promotion of research in chemical science and indus try ; and the improvement of the status of chemists through high standards of pro fessional ethics, education, and attain ments. This is accomplished specifically through the increase, diffusion, and re cording of chemical knowledge. The proposed incorporation of the SOCIETY has been approved by the War Department, Navy Department, Depart ment of Commerce, Department of the In terior, and the Agricultural Department, as appears from the following letters re ceived from the said Departments: WAR
DEPARTMENT
Washington, D . C., August 10. 1937 HON.
HATTON W. SUMNERS
Chairman, Committee on the Judiciary House of Representatives Dear Mr. Sumners: Careful consideration has been given t o the bill (H. R. 7709) to incorporate the AMERICAN CHEMICAL SOCIETY, which you
transmitted to the War Department under
A N D ENGINEERING
NEWS
date of July 6, 1937, with a request for the views of the department thereon. There are no provisions of existing law relating to this subject. With reference to the services being rendered to the War Department, as requested in your letter, the AMERICAN CHEMICAL SOCIETY has for many years c o -
operated with the War Department as a working organization of Nation-wide scope representing all phases of t h e American chemical industry. Its officers respond promptly and fully to requests for advice on chemical aspects of problems of n a tional defense. The SOCIETY maintains a committee on cooperation with t h e Chemical Warfare Service, composed of authorities in the several fields of chemical research, development, and production, who consult periodically with t h e technical organization of the Chemical Warfare Service. As to the views of the War Department on H. It. 7709, since t h e services of t h e AMERICAN
CHEMICAL SOCIETY
and
its
members will unquestionably be available to the War Department in t h e future as in the past, whenever called upon, it a p pears that section 4, page 3, lines I to 10, in II. It. 7709, is unnecessary and perhaps objectionable. It is accordingly suggested that this entire section be omitted. If thus amended the War Department will offer no objection to the legislation. The proposed bill in itself carries n o increased cost to the Government. This report was submitted t o the Bureau of the Budget which advised, under date of August 7, 1937, that there would be no o b jection by that office to the submission of the proposed report to t h e committee. Sincerely yours, HARRY H . WOODRINO
Secretary of War
emergency.
The assistance of the AMERI-
CAN CHEMICAL SOCIETY in this manner re-
sulted in the supply of a number of excellent officers in the recent war. Federal incorporation of the SOCIETY would accordingly appear advantageous. It is especially noted that under section 4 of the bill the SOCIETY would, whenever called upon by the War or Navy Departments, investigate, examine, experiment, and report upon any subject in pure or applied chemistry connected with the national defense. T h e SOCIETY would receive its actual expenses for such assistance but would receive no other compensation for any services to the Government. While the Navy Department considers that, as a general rule of law, an unlimited license would flow to the United States for the use of any invention or discovery resulting from this assistance, it is believed that the SOCIETY will probably conduct investigations of a confidential nature which would result in inventions and discoveries which should be kept secret. This may be accomplished only if the title to the inventions and discoveries is in the United States. (See U. S. Code, title 34, section 37, providing for delay in the issuing of patents in certain cases.) T h e N a v y Department, therefore, recommends that the following proviso be added to section 4 of the bill, H. It. 7709: "Provided, That the title to any and all inventions and discoveries made in the course of such investigations, examinations, and experiments that, in the opinion of the Secretary of the Navy or the Secretary of War involve the national defense, shall vest in the Government of the United States, and the Government of the United States shall have unlimited license under all other such inventions and discoveries." If amended as above recommended, the N a v y Department recommends the enactment of the bill H . R. 7709. Sincerely yours, WILLIAM D . LEAHY,
NAVY DEPARTMENT
Acting
Washington, August 10, 1937 T H E CHAIRMAN
Committee on the Judiciary House of Representatives Washington, D. C.
DEPARTMENT OF COMMERCE
Washington, August 9, 1937 H O N . HATTON W. SUMNERS
My dear Mr. Chairman: The bill (H. R. 7709) t o incorporate the AMERICAN
CHEMICAL SOCIETY,
was
re-
ferred to the Navy Department b y your committee with request for views relative to this bill. The purpose of this bill is t o incorporate certain persons as the AMERICAN CHEMI-
CAL SOCIETY. The stated objects of the incorporation are to engage in the broadest and most liberal manner the advancement of chemistry in all its branches including research, professional ethics, education, and attainments of chemists, increase and diffusion of chemical knowledge, etc., thereby fostering public welfare and education, aiding the development of the country's industries, a n d adding to the naterial prosperity and happiness of the eople.
The
AMERICAN CHEMICAL S O -
CIETY would, whenever called upon by the War or Navy Departments, investigate, examine, experiment, and report upon any subject in pure or applied chemistry connected with the national defense, without compensation other than that for actual expenses. The bill further sets out the powers of the SOCIETY a n d other matters concerning its administration. I t is appreciated that t h e AMERICAN CHEMICAL SOCIETY through its member-
ship is in a position to nominate experienced chemists for induction into reserve forces of the N a v y in time of
VOLUME
2 0, N O .
Chairman, Committee on the Judiciary House of Representatives Washington, D . C. M y dear Mr. Chairman: In your letter dated July 6, 1937, y o u requested the department to furnish your committee with a report concerning H. R. 7709, a bill to incorporate the AMERICAN CHEMICAL SOCIETY.
The National Bureau of Standards and the United States Patent Office of this department are vitally interested in the activities
of
the
AMERICAN
CHEMICAL
SOCIETY, due t o the valuable services rendered by it t o these bureaus. The Bureau of Standards has worked closely with the SOCIETY in the establishment of standards of purity for chemical reagents in other fields of standardization, and has found the SOCIETY very c o operative and helpful. One valuable service is its abstracting of papers on chemical subjects in all languages, and in publishing t h e same for the use of the members of the SOCIETY, and others. These abstracts are of exceptional value to chemists in keeping abreast with recent developments in the field of chemistry. Furthermore, t h e SOCIETY now has in
course of preparation a combined index of abstracts for the past 10 years, which will greatly aid chemists in following the development in any particular field of chem-
1 7 . S E P T EMBER
10,1 9 4 2
istry. Many chemists employed by the Bureau of Standards are members of the SOCIETY, and the bureau would find it difficult to carry on its chemical work without the benefit of these abstracts. These chemical abstracts are classified, and appear in a large number of volumes. They abstract United States and foreign patents and publications relating t o organic and inorganic chemistry and allied arts. This service supplies very valuable information to the examining divisions of the United States Patent Office. Ten of the 65 examining divisions are concerned with chemistry and metallurgy, and in these divisions in particular the SOCIETY'S publications are exceedingly useful. The department favors the objects sought t o be attained by H. It. 7709, and recommends its enactment, if in accord with the program of the President. The Bureau of the Budget has advised that there would be no objection by that office to the submission of this report to your committee. Cordially yours, KRNEST G. D R A P E R
Assistant Secretary of Commerce
DEPARTMENT OF THE INTERIOR
Washington, August 9, 1937 H O N . HATTON W. SUMNERS
Chairman, Committee on the Judiciary House of Representatives M y dear Mr. Sumners: This will acknowledge t h e receipt of your letter of July 6, with which was enclosed copy of a bill (H. R. 7709) to incorporate the AMERICAN CHEMICAL S O -
CIETY and requesting the views of the Department of t h e Interior concerning this proposed legislation. The bill was referred to the directors of the Bureau of Mines and the United States Geological Survey. These agencies e m ploy numerous chemists and conduct chemical research in connection with studies of the Nation's mineral resources, and t h e preparation and utilization of mineral products. After careful examination of the bill both directors recommend a favorable report, and I concur in this recommendation. The AMERICAN CHEMICAL SOCIETY is a
scientific society of chemists whose principal services consist in publishing chemical journals and affording regular meetings for he presentation of papers and discussion by members. Its journal, Chemical Abstracts, is of outstanding value t o every branch of chemistry. Its other journals afford a medium of publication for reports of investigations in every field of chemical activity. The work of the chemical laboratories of the Department of the Interior would cost much more and be much less effective if it had to be carried on without t h e help of the publications of the AMERICAN CHEMICAL SOCIETY and the contacts made
at meetings of the SOCIETY and its local sections throughout the country. In fact, it would be impossible to carry on chemical research without access t o these journals. The Secretary's office of the SOCIETY has. been in Washington for many years, s o that national incorporation of the AMERICAN CHEMICAL SOCIETY would recognize
the national outlook and national interestof the SOCIETY. It seems probable that, such incorporation would be of value in the management of the SOCIETY and t h e
conduct of its work and, also, it would b e advantageous to the Federal departments in Washington.
1093
During; the World War the AMERICAN CHEMICAL
SOCIETY rendered a very great
service t o the National Government in mobilizing American chemists for war work. Section 4 of the hill provides for effective future service of the SOCIETY. I believe that in the public interest national incorporation should be granted to t h e AMERICAN CHEMICAL SOCIETY.
Sincerely yours, CHARLES W E S T
A cting Secretary of the Interior
DEPARTAMENT OK AGRICULTURE Washington, August 7, 1937
HON.
CAN CHEMICAL SOCIETY. The AMERICAN CHEMICAL SOCIETY be-
HATTON W. SUMNERS
House of Representatives Dear Mr. Sumners: I have your letter of July 6, transmitting H . R. 7709, a bill to incorporate the
AMERICAN CHEMICAL SOCIETY,
requesting the opinion of this upon the proposed legislation. I am of t h e opinion that incorporation of this national serve a useful purpose and public welfare. The
AMERICAN
and
department the federal society will further the
CHEMICAL
SOCIETY
rentiers signal service to this department as follows: (a) By the prompt publication and very wide dissemination of the results of the research of department chemists. (b) By making available t o the chemists of t h e department the results of research carried on elsewhere, both b y primary publication in the two regular monthly journals of the SOCIETY and by means of brief eliminations in Chemical Abstracts of articles appearing in other journals both here and abroad. (c) Through the two semiannual meetings of t h e AMERICAN CHEMICAL SOCIETY
and the organization of local sections, it is possible for the chemists in the Department of Agriculture, both in Washington and elsewhere, to meet groups of scientists interested in the same or allied lines of research, for t h e purpose of technical discussion and professional contact. Pursuant to the requirements of Budget Circular 336, the above was referred to t he Bureau of the Budget for clearance and under date of August 6, 1937, the Acting Director theroof advised the Department of Agriculture that "there would be no objection by this office to the submission of your proposed report to the committee." Sincerely, M. L. WILSON, Acting Secretary The SOCIETY has always given freely of its time and services and its loyalty and active cooperation with the Government of the United States both in war- and peacetimes, and performs a service in its particular field which n o other private or governmental agency has ever performed or is equipped to perform. Without this service government bureaus and agencies engaged in many kinds and descriptions of chemical research and control, including the application of chemical knowledge to the improvement of life and health in America, would be functioning without their most important tool. The SOCIETY abstracts and indexes all papers on chemistry published throughout t h e world in any language. Its index is a key that makes this great fund of knowl-
1094
edge, taken from more than 2,900 publications, promptly available t o all American chemists. N o agency of the Government is either equipped to do this work or supplied with funds for the purpose, and these abstracts are always available and are used in every Government, State, municipal, and industrial laboratory and are furnished to all at approximately one half of the cost of production by means of contributions made by American chemists. There is not a farm in America today which is not affected in its operations b y the work done by members of the AMERI-
lieves that it can more effectively carry on its work with a national charter, and has plans to erect imposing headquarters in Washington similar to those of the N a tional Academy, the Carnegie Institution, and the American Pharmaceutical Association. All income of the SOCIETY is devoted exclusively t o the advancement of chemistry. Section 1 of the bill provides for the incorporation of the SOCIETY.
Section 2 states the objects of the corporation. Section 3 states the powers of the corporation. Section 4 states the willingness of the SOCIETY at all times t o cooperate with the War and Navy Departments, and contains the amendment suggested by the Navy Department. Section 5 provides for the necessary corporate powers t o receive devises, bequests, and donations for the uses and purposes of the SOCIETY.
Section 6 provides for the organization meeting of the SOCIETY under the national charter. Section 7 protects the rights of the creditors of the present corporation under the New York laws. Section 8 requires the corporation to transmit to Congress an annual report of its proceedings, and provides that such report shall not be printed as a public document. Section 9 preserves the right of Congress to alter, amend, or repeal the act at any time. Section 10 provides for the effective date of the act.
Brief by Elisha Hanson, Counsel Before the Committee on the District of Columbia, United States Senate In re S. 2 6 7 3 , A Bill to Define the Real Property Exempt from Taxation in the District of Columbia
T
HE following brief is submitted t o the Coromittee on the District of Columbia of the United States Senate in behalf of the National Geographic Society and t h e AMERICAN C H E M ICAL SOCIETY, each of which is a nonprofit,
educational institution organized for the purpose of increasing and diffusing knowledge. Each of these institutions maintains its headquarters in Washington, D . C. Each owns real estate, some of which is used for its educational purposes and some of which is put to other use. Neither one at any time has ever sought any exemption from taxation of any of its property that is not being used for its own educational purposes. Therefore, in t h e following discussion of Senate 2673 it must be borne in mind that neither of these societies is seeking exemption o r advocating exemption of properties owned b y educational institutions that are not used for educational purposes.
The National Geographic Society The National Geographic Society was originally organized and incorporated in the District of Columbia in 1888 as a nonprofit, educational institution to increase and diffuse geographic knowledge. In its original charter the society was authorized t o publish the transactions of the society, to publish a periodical magazine and ot her works relating t o the science of geography, to dispose of such publications by sale or otherwise, and to acquire a library. In 1920 the society was reincorporated under the laws o f the District of Columbia with the following powers in addition t o those above enumerated: * * * to conduct and assist investigation and research i n any branch of the science of geography * * *, to conduct lectures, hold meetings, and (in addition to acquiring a library) maintain a library; to purchase such property, real or personal, and construct such building or buildings as may be necessary t o carry on the work of the society; and in general t o do and perform all things necessary to promote the objects of the society. T h e entire income of the National Geographic Society is devoted t o the objects set forth i n its charter. N o dividends are, ever have been, or can be paid out, for there is n o capital structure and all revenues must b e devoted to t h e objects of the society. All of the activities of t h e society are wholly educational in nature and do not
CHEMICAL
AND
ENGINEERING
NEWS
