Mar.,
1920
T H E JOURNAL OF I N D U S T R I A L A N D ENGINEERING CHEMISTRY
In other words we still believe the evidence strongly favors the relatively inexpensive, large capacity, covered fusion kettle working a t atmospheric pressure as a manufacturing unit over autoclaves with their troubles due to high pressure, leaks, small capacity, and difficulties of even heating and agitation. HOWever, we do wish to compliment Messrs. Gibbs and Phillips on the ingenious design of their apparatus permitting for experiments of a few grams exact temperature control, stirring, high pressure, and the handling of six fusions simultaneously. We note with pleasure that Gibbs and Phillips confirm our small scale results that the amount of caustic “could be reduced almost to the theoretic amount required without much effect upon the carvacrol yields.”’ I n experiments of plant type we found a slight increase of proportion of caustic soda desirable. In closing we wish to call attention to the fact that some thymol is formed simultaneously along with the carvacrol. Mr. Allan Leerburger, working on a related problem with one of us, has shown that the carvacrol made from cymene by the process under discussion carries from 6 to 8 per cent of thymol. This would not be detected by the method of analysis2 used by Gibbs and Phillips. ARTHUR W. HIXSONand RALPHH. McKEE DEPARTMENT O F CHEMICAL ENGINEERING COLUMBIA UNIVERSITY, NEW YORK, N. Y. February 6, 1920
THE CHEMICAL FOUNDATION, INC., PATENTS Answering an inquiry from Mr. Thomas C. Dawson of the Electric Boat Company, >as to the validity of the title of The Chemical Foundation t o its patents, Mr. Ramsay Hoguet, patent counsel to The Chemical Foundation, has written the following letter to Mr. Dawson: January 15, 1920 MR. THOMAS C. DAWSON, Electric Boat Company, I I Pine Street, New York. MY DEARMR. DAWSON: Answering your recent inquiry and in connection with the suggestion which has been made to you that a doubt has been raised (presumably by interested persons) as to the validity of the title of The Chemical Foundation to its patents, I submit the following: The title of The Chemical Foundation to its patents is the same title that the purchasers of other forms of personal property from the Alien Property Custodian, such as the stock of corporations, for instance, have t o the property they purchased. The Chemical Foundation obtained its patents by virtue of a sale under the Trading with the Enemy Act, and t o determine the question of its title it is simply necessary t o see whether the Act authorized such a sale and whether the formalities prescribed by the Act for such a sale have been complied with. The Trading with the Enemy Act originally conferred upon the Alien Property Custodian only the power to hold as a trustee and to sell in order t o prevent waste; but subsequently the Act was amended t o give the Alien Property Custodian all of the rights or powers which are appurtenant to the ownership of the property “in like manner as though he were the absolute owner thereof,” including the right t o sell the property. Such sales (Section 12 of the Act) are required to be made a t public auction after advertisement, unless the President in an executive order in which he states his reasons therefor shall otherwise direct. That the term “property” as used in the Act includes patents and similar intangibles such as were sold to The Chemical Foundation is clear from Section 7(c) of the Act as amended, which specifically includes “patents, copyrights, applications therefor and rights to apply for the same, trademarks” within the definition of property which is subject t o the Act. It is, therefore, apparent that the patents, trademarks and copyrights sold to The Chemical Foundation might be sold to it and that The Foundation would obtain a good title thereto provided the requisites of the Act were complied with. Let me give you a short resum6 of what was actually done in 1
Lot. cit.
* Rremers
and Schreiner, Pharm. Rev., 14 (1896), 221; Allen, “Commercial Organic Analysis,” 4th Ed.. 4, 399 3 Bulletin 8 of the Chemical Foundation, Inc.,February 1 , 1920.
297
the case of each patent and point out t o you how this complies with the provisions of the Trading with the Enemy Act. A thorough examination of each patent title was made and a report based upon such examination was rendered t o the Alien Property Custodian of the enemy ownership of each of the patents investigated. The Alien Property Custodian was thus informed of the fact of enemy ownership and the provisions of Section 7(c) requiring an investigation by the CUStodian are complied with. The Custodian then issued a requirement or instrument of seizure under the provisions of Section 7(c), which seizure was served upon all persons who were known to have any connection with the property seized and was recorded in the United States Patent Office. The recording of the instrument of seizure in the Patent Office has the “same force and effect as a duly executed conveyance, transfer or assignment to the Alien Property Custodian so filed and recorded” (Section 7(c) as amended). It will, therefore, be seen that the Alien Property Custodian was properly vested with the patents under the provisions of the Act. As to the sale, executive orders were made on February 26, 1919, and April 5, 1919, authorizing the Alien Property Custodian to sell upon such terms as he determined, the patent, trademark and copyright property thus seized; and in pursuance of such executive orders a sale was made to The Chemical Foundation and an assignment reciting the executive orders and other proceedings was executed by him on the 10th of April 1919. I t is, therefore, evident that all of the statutory requirements concerning seizure and sale were complied with and the title vested in The Chemical Foundation is absolute under the Act. Congress recognized that it must give to the purchasers from the Alien Property Custodian an absolute title and, therefore, Section I 2 of the Act specifically limits any claim to any property sold, to the proceeds of the sale and thus prevents a recovery of the property itself. It states “the sole relief and remedy of any person having any claim to any * * * property * * * conveyed * * * to the Alien Property Custodian * * * in the event of sale or other disposition of such property by the Alien Property Custodian shall be limited to and enforced against the net proceeds received therefrom * * * ” As to the operation of the Peace Treaty, the Peace Treaty is unnecessary to validate the title of The Chemical Foundation, since, as I have pointed out above, this title is a valid title. It simply ratifies and confirms the title of The Chemical Foundation and cuts off any possible suits. Thus, Article 297 of the Treaty ratifies every action taken by the Alien Property CUStodian and Annex 15 of this article makes i t apply specifically t o patents and similar property. This article particularly mentions the ratification of sales of enemy property under war legislation and Article 306, which relates to the re-establishment of the International Conventions relating to industrial property, specifically excepts property dealt with under war legislation, as by the Alien Property Custodian. It seems t o me inconceivable that any question should be raised as to the validity of the title of The Chemical Foundation to its patents, if it were understqod that this title rests upon the same basis as the title to half a billion dollars worth of property or more, which has been sold by the Alien Property Custodian to American purchasers. There is no essential difference between patents and the stocks of corporations which have been sold to American purchasers by the Alien Property Custodian to such a great extent. The question of the validity of the title of The Chemical Foundation to its patents has been examined independently by a number of attorneys representing important interests and they have uniformly arrived a t the conclusions which I express above. I refer by permission, to Messrs. Kalish & Kalish, Pennie, Davis, Marvin & Edmonds, and Humes, Smith & Tweed, and in addition my attention has been called to an article by Dr. A. Mestern, published in the Chemische Industrie of Berlin, in which he also arrives a t the conclusion that the title of The Foundation to its patents is valid and that it “will be accordingly in a position to fulfill its aim.” Believe me, Very truly yours, RAMSAY HOGUET
FIRE CAUSED BY YELLOW PHOSPHORUS Editor of the Journal of Industrial and Engineering Chemistry: The communication by H. LeB. Gray in the February number of THISJOURNAL on a fire in the organic research laboratory of the Eastman Kodak Company, which fire was caused by yellow phosphorus, reminds me of a somewhat similar fire we
298
T H E J O U R N A L OF I N D U S T R I A L A N D ENGINEERING CHEMISTRY ?
Vol.
12,
NO. 3
_
PJ-1
had in this laboratory a few years ago. This started in a storeroom hood in which was kept our stock of potassium, sodium, and phosphorus. A danger not mentioned by Mr. Gray came t o light in our case. The heat caused a sealed fruit jar containing yellow phosphorus under water t o break. The melted phosphorus ran down a drain pipe, of which we were not made aware until the iron trap in which the phosphorus pellets had lodged rusted out later. The plumber, not knowing the character of the phosphorus, was going to throw the fragments of trap with phosphorus content into a waste jar containing combustible matter. The presence of the writer a t the psychological moment prevented another fire. The point to be made is that in case of such phosphorus fires as is described it is advisable to follow through the plumbing system and clean out all traps and other lodging places, and dispose of the phosphorus by setting fire to the rubbish, preferably out of doors. W. SEGERBLOM DEPARTMENT OF CHEMISTRY, PHILLIPS EXETER ACADEMY EXETER, N. H., February 7, 1920
THE CHEMICAL INDUSTRY AND TRADE OF SPAIN The following additional information on “The Chemical Industry and Trade of Spain” was received too late for incorporation in the original article, pp. 226 and 227 of this issue. IMPORTS OB CHEMICALS AND ALLIEDPRODUCTS 1913 1916 Lbs. Lbs. OILSEEDS,FATS AND WAXES:
OILS AND Paraffin Austria-Hungary.. 1,4X 1,848 Germany.. 952,985 United Kingdom 1,516,720 1;5;5’,i93 7,234,445 12,922,416 United States.. AND ALLIEDPRODUCTS EXPORTSOF CHEMICALS 1913 1916 1918 Lbs. Lbs. Lbs. CHEMICAI s DRUGS,MEDICINES: 193,750 161,980 Saffron.”,:, . . . . . . . . . . . . . . . . . . . 214.375 29,079 35,104 Argentina. 12,566 16,506 C u b a . . .................... 104,792 158,018 France. .................. 5,743 6,878 United Kingdom.. 1,303 5,886 United States.. OILS, OILSEEDS, FATSAND WAXES: 195 885 157 51,697,215 Olive Oil .................. 66,578,497 Argentina. 17,015,940 22:945:612 9 248 432 16,409,510 Cuba,. 9:761:797 32,666,552 6,149,306 France.. 8,284,817 51,912,313 Italy 1,725,160 21,547,593 United States..
.................. ........................ ................... .....................
.................
........ ...........
.............. ................. ................ .................... ..........
.....
... ... ... ... ...
..... .....
..... .....
RAMSAY MEMORIAL FUND The United States Committee on the Ramsay Memorial Fund has transmitted S3,soo which i t has collected; 2263 have been sent direct by contributors; and approximately 2100 remain in the hands of the Treasurer, W. J. Matheson. Professor Baskerville, the chairman, hopes that the total American contribution, 23,863, may be raised to S4,000, after which the American subscriptions may be closed. The total fund now amounts to .E51,274. V This is a very gratifying tribute to the memory of Sir William Ranisay, who did so much for pure science as well as for the cause of the Allies during the recent war.
his sales are made, and its filteen page report deals entirely with the standardization of these conditions. A copy of this valuable report should be in the hands of every one in any way engaged in foreign trade either as importer or exporter, and the Committee would advise all interested to procure a copy, which may be obtained by addressing the National Foreign Trade Council,.No. I Hanover Sq., New York City.
POSITIONS FOR EX-SERVICE MEN The War Department, in its endeavor to assist ex-service men in securing positions, has issued the following list of men of various qualifications who are now available. Any member of the SOCIETY who is interested in securing- such men should communicate with the Service and Information Branch of the War Department.
............ ............. ................ 5 ............ ........ ...... 4 ............... 3 ................. 6 ....... 2 ..............15 . 25 . 1 . 48 Commercial Traffic........... 5 Construction Engineers. ...... 13 Correspondence Clerks. ....... 4 Dentists ...................... 3 Editors and Reporters. ....... 8 E5ciency Engineers. ......... 1 EIectrical Engineers, ......... 1 1 Accountants. Advertisers. Agriculturists Auto Mechanics.. Automobile Salesmen. Aviators Bacteriologists Bookkeepers
b
............
Executive 7 Exporters porters.. .... 3 ............ 14 Foremen, 3 Forestry Experts Industrial Engineers. 2 4 Insurance Agents.. 23 Lawyers..
....
......... ........... ...................
Linguists . . . . . . . . . . . . . . . . . . Lumbermen.. .
........
8 2
................. .......... ............. .................. ........
iMechanics 5 Mining Engineers. 6 Miscellaneous. 155 3 Musicians Oil Miners.. Physical Instructors., Physicians 25 Production Engineers 3 Purchasing Agents.. 5 Railroad Men. ............. 8 Real Estate Agents.. 1 Roentgenologists. 1 Special Investigators. . . . . . . . 6 26 Salesmen
................. . . . .......
.................. ............ 2 en. ......... 1 ....... 7 ....... 34 Teachers ................... 3 Telephone Linemen.. ....... 2 Undertakers ................ 2 Veterinarians
...............
3
FELLOWSHIP AT WASHINGTON UNIVERSITY The Monsanto Chemical Company has established in Washington University, St. Louis, Mo., a $500 fellowship in chemistry for the academic year 1920-2 I. The holder is to be designated by the Chancellor of the University and Professor L. McMaster, and shall be pledged to devote himself exclusively to study and research in chemistry.
DYE SECTION, AMERICAN CHEMICAL SOCIETY
The second meeting of the Dye Section will be held in St. Louis, beginning Wednesday, April 14, 1920. A t this meeting the committee on Permanent Organization will submit “ByLaws” for the consideration of the Section, the approval of which, by the Section and by the Council will be the necessary steps t o the permanent organization of the dye chemists of the United States, as the Dye Division of the AMERICAN CHEMICAL SOCIETY. The secretary asks all scientific workers in the field of dyes to present the results of their researches and experiences at these NATIONAL FOREIGN TRADE COUNCIL REPORT The Committee on Foreign Chemical Trade of the AMER- meetings of the dye chemists. Papers on the manufacture, properties, or application of dyes, both of coal-tar or natural ICAN CHEMICAL SOCIETY calls attention to a recent publication of the National Foreign Trade Council embodying the results origin, will be of timely interest. Any chemist having any such scientific information ready for presentation is asked to comachieved by the conference on the “Standardization of Export Quotations and American Export Practice” which was partici- municate a t once with the secretary, giving subject and time for pated in by the nine great foreign trade organizations of the presentation. As is usual, full details of the final program, time and place United States. The definitions and recommendations of this conference tend materially to clarify a situation which by its of meeting can be obtained by addressing Dr. C. L. Parsons, 1709 G Street, N.W., Washington, D. C., or the undersigned. confusion has done much to harm the best interests of American ’foreign trade, These recommendations urge the formulation 43 FIFTHAVENUE,NEWYORK,N. Y. R‘ SHREVE, February 16, 1920 Secretary by the seller of complete and specific conditions under which
