October 6, 1945 Mee 3 Banashek, Secretary = Fred Medart Manufacturing Co. | Potomac and De Kalb Streets | 7 a. Ste Louis, Missouri ° | , Dear Mr, Banasheks \ This is to acknowledge the receipt of the check for $200e46 covering the royalty due on Goal-Hi sales for the quarter ended September 30, 19 5e - | | Very truly yours, Forrest &, Allen, Director Department of Physical Education wyeity Basketball Coach F¢Ams — . FRED MEDART MANUFACTURING Co. POTOMAC AND -DE KALB STREETS SAINT Louis, Mo. J. BANASHEK SECRETARY October 2, 1945 Dr. Forest C. Allen University of Kansas Lawrence, Kansas Dear Doctor Allen: Enclosed herewith is check for $200.46 covering the royalty due on Goal-Hi sales for the quarter ended September 350, 1945. Yours very truly, FRED MEDART MANUFACTURING CO. 4 ~ 2 OA Treasurer Plagwen Fne. Check #33575 STEEL LOCKERS____STEEL WARDROBES_____ STEEL SHELVING____ GYMNASIUM APPARATUS_____ GYM SEATS____ BASKETBALL BACKSTOPS____ PLAYGROUND APPARATUS FRED MEDART MANUFACTURING Co. POTOMAC AND DE KALB STREETS SAINT Lours, Mo. J. BANASHEK SECRETARY October 1, 1945 Forest C. Allen University of Kansas Lawrence, Kansas Dear Mr. Allen: We have filled in the amounts of royalties paid you in connection with the Game Goal-Hi. All that is now required on the report is your signature. We are also returning the Government correspondence which you sent us. Yours very truly, FRED MEDART_ MANUFACTURING (CO. Secretary JBinl Inel. STEEL LOCKERS___STEEL WARDROBES____ STEEL SHELVING____ GYMNASIUM APPARATUS____ GYM SEATS____ BASKETBALL BACKSTOPS____ PLAYGROUND APPARATUS AVE Budget Bureau No. 49-R222.1 Approval Expires Dec. 31, 1945 ARMY SERVICE FORCES OFFICE OF THE QU/A.RTERMASTER GENERAL. WASHINGTON 25, D. C. Address Reply to THE QUARTERMASTER GENERAL Att: Royalty Adjustment Board — Washington 25, D. C, Forrest C. Allen Care University of Kansas 4 SEP 1945 Lawrence, Kansas Subject: Royalties Chargeable to the United States Government Gentlemen: Pursuant to the provisions of the Royalty Adjustment Act (Public Law 768, 77th Congress), a copy of which is inclosed, this office is required toconsider the reasonableness of royalties charged or charge- able to the Government. In order to administer the Act, it is necessary to have infor- mation with respect to royalties paid and received by you which are charged or chargeable, directly or indirectly, to the Government. . Accordingly, you are requested promptly to complete and return the inclosed form. If you have received a similar inguiry from any other department or agency of the Government within the last twelve months it will be satisfactory if you forward a copy of your reply thereto, or if you do not have a copy please advise this office the name and address of the person to whom you sent your reply. FOR THE QUARTERMASTER GENERAL: Very truly yours, 2 Incl W. R. COMPTON 1. Form (dup) Lt Colonel, QMC 2. Cy of Act Assistant 25-32129-9M [Pustic Law 768—77TH ConcREss] [CHAPTER 634—2pD Sussron] [S. 2794] AN ACT To provide for adjusting royalties for the use of inventions for the benefit of the United States, in aid of the prosecution of the war, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, to aid in the - successful prosecution of the War, whenever an invention, whether patented or unpatented, shall be manufactured, used, sold, or other- wise disposed of for the United States, with license from the owner thereof or anyone having the right to grant licenses thereunder, and such license includes provisions for the payment of royalties the rates or amounts of which are believed to be unreasonable or excessive by the head of the department or agency of the Government which has ordered such manufacture, use, sale, or other disposition, the head of the department or agency of the Government concerned shall give written notice of such fact to the licensor and to the licensee. Within a reasonable time after the effective date of said notice, in no event less than ten days, the head of the department or agency of the Government concerned, shall by order fix and specify such rates or amounts of royalties, if any, as he shall determine are fair and just, taking into account the conditions of wartime production, and shall authorize the payment thereof by the licensee to the licensor on account of such manufacture, use, sale, or other disposition: Pro- vided, however, That the licensee or licensor, if he so requests within ten days from and after the effective date of said notice, may within thirty days from the date of such request present in writing or in co any facts or circumstances which may, in his opinion, have a earing upon the rates or amounts of royalties, if any, to be deter- mined, fixed and specified as aforesaid, and any order fixing and specifying the rates and amounts of royalties shall be issued within a reasonable time after such presentation. Such licensee shall not after the effective date of said notice pay to the licensor, nor charge directly or indirectly to the United States a royalty, if any, in excess of that specified in said order on account of such manufacture, use, sale, or other disposition. The licensor shall not have any remedy by way of suit, set-off, or other legal action against the licensee for the payment of any additional royalty remaining unpaid, or damages for breach of contract or otherwise, but such licensor’s sole and exclu- sive remedy, except as to the recovery of royaltizs fixed in said order, shall be as provided in section 2 hereof. Written notice as provided herein shall be mailed to the last known address of the licensor and licensee and shall be effective upon receipt or five days after the mailing thereof, whichever date is the earlier. _ Sec. 2, Any licensor aggrieved by any order issued pursuant to section 1 hereof, fixing and specifying the maximum rates or amounts of royalties under a license issued by him, may institute suit against ° (Pus. Law 768.} the United States in the Court of Claims, or in the District Courts of the United States insofar as such courts may have concurrent juris- diction with the Court of Claims, to recover such sum, if any, as, when added to the royalties fixed and specified in such order, shall constitute fair and just compensation to the licensor for the manu- facture, use, sale, or other disposition of the licensed invention for the United States, taking into account the conditions of wartime production. In any such suit the United States may avail itself of any and all defenses, general or special, that might be pleaded by a defendant in an action for infringement as set forth in title sixty of the Revised Statutes, or otherwise. Src. 3. The head of any department or agency of the Government which has ordered the manufacture, use, sale, or other disposition of an invention, whether patented or unpatented, and whether or not an order has been issued in connection therewith pursuant to section 1 hereof, is authorized and empowered to enter into an agreement, before suit against the United States has been instituted, with the owner or licensor of such invention, in full settlement and com- promise of any claim against the United States accruing to such owner or licensor under the provisions of this Act or any other law by reason of such manufacture, use, sale, or other disposition, and for compensation to be paid such owner or licensor based upon future manufacture, use, sale, or other disposition of said invention. Src. 4. Whenever a reduction in the rates or amounts of royalties is effected by order, pursuant to section 1 hereof, or by compromise or settlement, pursuant to section 3 hereof, such reduction shall mure to the benefit of the Government by way of a corresponding reduction in the contract price to be paid directly or indirectly for such manu- facture, use, sale, or other disposition of such invention, or by way of refund if already paid to the licensee. Src. 5. The head of the department or agency of the Government concerned is further authorized, in his discretion and under such rules and regulations as he may prescribe, to delegate and provide for the delegation of any power and authority conferred by this Act, to such qualified and responsible officers, boards, agents, or persons as he may designate or appoint. , Src. 6. For the purposes of this Act, the manufacture, use, sale, or other disposition of an invention, whether patented or unpatented, by a contractor, a subcontractor, or any person, firm, or corporation ‘for the Government and with the authorization or consent of the Government shall be construed as manufacture, use, sale, or other disposition for the United States and for the purposes of the Act of June 25, 1910, as amended (40 Stat. 705; 35 U. S. C. 68), the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufac- ture for the United States. Src. 7. This Act shall apply to all royalties directly or indirectly charged or chargeable to the United States for any supplies, equip- ment, or materials to be delivered to or for the Government from and after the effective date of the notice provided for in section 1 hereof. This Act shall also apply to all royalties charged or chargeable ae {PuB. Law 768.| 3 directly or indirectly to the United States for supplies, equipment, or materials already delivered to or for the Government which royal- ties have not been paid to the licensor prior to the effective date of the notice provided for in section 1 hereof. Sections 1 and 2 of this Act shall remain in force only during the continuance of the present war and for six months after the termination thereof, except that as to rights accrued or liabilities incurred prior to termination thereof, the provisions of this Act shall be treated as remaining in force and effect for the purpose of settling, sustaining, qualifying, or defeating any suit or claim hereunder. Src. 8. The head of each department or agency of the Government may issue such rules and regulations and require such information as may be necessary and proper to carry out the provisions of this Act. The provisions of section 10 (1) of an Act approved July 2, 1926 (44 Stat. 787), as amended, and title XIII of Public Law 507, Seventy-seventh Congress, shall be applicable, to the owner, licensor, or licensee of an invention, whether patented or unpatented, manu-- factured, used, sold, or otherwise disposed of for the United States, and the term “defense contract” as used in said, Act shall mean and include an agreement for the payment of royalty, regardless of the date of such agreement, under or by virtue of which royalty is directly or indirectly paid by the Government or included within the contract price for property sold to or manufactured for the Gov- ernment. Src. 9. Nothing herein contained shall be deemed to preclude the applicability of Section 403 of Public Law 528, Seventy-seventh Con- gress, as the same may be heretofore or hereafter amended so far as the same may be applicable. Src. 10. If any provision of this Act or the application of any provision to any person or circumstance shall be held invalid, or if any provision of this Act shall be inoperative by its terms, the validity or applicability of the remainder of the Act shall not be affected thereby. Approved, October 31, 1942. ae January 7, 1946 ~~ Lte Ralph h. Miller, A.C, Assistant Physical Training Officer March Field Army Air Base Riverside, California Dear Ralph: Doubtless you have read where Henry. Franka went to Palau so, of course, the, Tulsa situation now won't materialize, I am surprised that Mr. Metzger ' did not contact you because he seemed so appreciative that he send me a beautiful silk tie. He really had me feeling that I had done hima great favor. He wanted me to talk to you with the idea of selling you on the insurance proposition, of course, I woud not try to do that unless you were neta on it yourself, I heartily agree with you that your shuts are well taken regarding the insurance games There are a lot of people in the field but most of them seem to be making oodles of money in insurance now because everybody is taking additional insurances Ray Wright, you know him I em sure, here in Lawrence has made oodles of moneye Corlett Cotton is writing a vast insurance business and Clifford Dean, the former superintendent of schools here, is doing a thriving business. In fact, all these fellows seem to be making a lot of money in the insurance game. There- fore, I éay, “hesitate, cogitate and meditate before. you jump into this thing with- out investigation." We have a lot of high schools” who are begging for coaches, but I am sure that you will get a sollege job without any difficulty, I will be glad to recommend you for the same. Each year I have inquiries from colleges who want some- one with an idea of the game we play here at Kansas and I would be happy indeed to recommend you. The fact that you can assist in football and track, as well as coach. it, makes your chances of landing a good job double. So, when you get out, drop in and let us have a good long talk with the idee of getting you the best possible posi- tion that I can. | ‘It might be that whomever Quigley hired would be agreeable to taking you on here, but there is always an outside bid in such a case as thate I- good luck would attend your efforts, we could then use you in basketball, but there seems to be rather a remote possibility of your landing with a football job, because I imagine the coach who comes in will want to bring his own assistant. However, we will discuss that when you get back. a fen ae to know that Susan Dale is growing and progressing in an exceptional manner. I will be'mighty happy to see you, Jean and Susan Dale when you return. I had heard that Major DeGroot was leaving for Germany with a swell proposition, . r Howard Engleman is not back in school yet and will not be until the second semester. He is playing with the M. & 0. Smokies in Kansas City and the finan- cial remuneration from this amateur team compensates him no little. In fact, he may continue with the Smokies, as it pays him much better than coaching. It might be that you could get on with thems in fact, I am sure that you can. The wise rail bird tells Lt. Ralph He Miller. _ -2- oi January 7, 20h me that they are paying plenty. I, you want to contact Howard on this, I will be : gia to get his address and let you write him, because the Smokies need some help in, addition to what they have. For your information, it is a cigar company and they \ have hired Buck Weaver as their coach. They seem to be spending plenty of moneye I °, am told that they gave Ralph Groves $1,000.00 for the season and he lives in our = City, Kansas. It is quite expensive for him to travel back and forth so you can get a background on the possible expenditures. let me hear rik yi and we will do all we can in your behalf, With all good wishes, I am Fraternally, . Director of Physical Education, FCA:MF Varsity Basketball Coach. , PHYSICAL TRAINING OFFTCR MARCH FTELD ARMY ATR BASE March Field, Riverside, California 27 December 1945 Dr. F. C. Allen Robinson Gyrnasium University of Kansas Lawrence, Kansas Dear Doc, Recieved your letter yesterday and was glad to recieve the information con- tained in it. I have sent a letter to Henry Franka inquiring of the possibilities at Tulsa. I told him that I had heard of the possible opening through you. That job sounds very interesting to say the least. I wrote to Mr. Metzer just before I went into the Army some three years ago after you had first told me of him. TI never did recieve an answer to my letter but told him that I would be interested in talking to him about insurance after I was released from the service. JI do not know exactly what to say about the insurance business. At times IT think it wovld be a fine opportunity and then at other times T am not sold on it at all. Verne Wilkin has also been trying to sell me on the idea of selling insurance with hir. There are two reasons why I question my suc- cess in the business. First, I am afraid that the slow financial start in insur- ance would sink me before I got started and second, I fear that most of my friends and prospective clients will already be burdened with the $10,000 policies they picked up while in the various services. For those two reasons alone I wovld have to know a lot more about the two businesses before I could give a decent answer. It is quite possible that I may be out of the Army next month. They are try- fhe to discharge a lot of surplus officers here at March now. I am one of the men considered as such so if Washington will approve of the action we will all be able to walk out before long. The generel opinion here is that it will be approved. At least I am hoping that it will go throvgh. If it does I shall drop in and see you before long. oo Susan Pale is quite a lady now. She is tossing smiles at everyone and is as fat and healthy as can be. I know that I ama little on the preduiced side but I think she is a mighty cute little girl. Jean is fine and really is enjoying Susan even though she does lead her a meyry chase all of the time. Major DeGroot has decided to stay in the Army for a while and is leaving for Germany in the next few days. JI understand that he will have a nice proposition over there. Congratulations on your undefeated season to date. At the time of this let- ter I see you have just downed Rice. Hope you will cinch the tournament there in Oklahoma. Please give Charlie and the rest of the team my best wishes for a championship season. : I am interested in any information regarding jobs you may hear about so when time allows please send any ideas on to me. Glad to hear that Howard is out and will be back in school. Please give hir my regards when you see him and also to your family and any other of my acquaintances there. Thanks a lot for the letter and information. It was certainly appreciated and I am hoping that I shall be able to see you and your team Play before very long. Jean and Susan Dale send their regards to you Fraternally Vat ph te Vac, r / ator H. Miller ené Et. As C. Ass't Phy Tr Officer December 19, 1945 Lt. Ralph H. Miller 950 Berkeley Drive Redlands, California Dear Ralph: : I an sometimes very tardy in my correspondence and find myself particularly so in regards to answering your letter. I was glad to hear from you and glad to know that yodu and Jean like your setpp. Yes, Ralph, I remember our discussion wien you were in college. I had talked with you regarding a number of things since then, and I was not sure as to exactly what you wanted to do. Henry Franka of Tulsa came up two years ago and talked to me about hiring one of my basketball graduates to coach his Tulse University team after the war. He stated he was giving lank Iba plenty of trouble and he wanted someone who is well versed in the game to coach the team. J have told him about you and he seened highly elated at the possibility of contacting you, I told him that you could teach basketball, that you could certainly do well with his varsity football, and that you could also handle track. He seemed to think tha} they would pay well for this job. Why don't you write to see what he has in mind, telling him that you have written to me regarding an opening and I have told you about the conversation with him. Find out if he is interested. | a Then, too, I talked to Mr. Metsger, who is Corlett Cotton's dis- trict agent on the Northwestern Mutual Life Insurance Company. Mr. Metsger seemed especially anxious. to sign you up as one of his agents. lle said that after the war, he was very much interested in interesting you in the life insurance game. Won't you write me and let me know your desires in this matter. A position here goaching basketball only pays $300.00 and that is all it ever has paid. That isn't much, but with the right tie-in on football they perhaps would pay more. We have always used a freshman coach and we have that fellow handle the freshman and, of course, assist me with the varsity if he wants to, but this job should pay more than it does. Howard Engleman is going to enroll ‘the second semester to study law and we thought that we would halp him out as much as possible by letting him handle some freshmen and others from the second ‘semester on, It would give him half of the huge allotment. In other words, he might pick up $150.00 for the second semester which would help some. Give my kindest regards to Jaan and rest assured that I would like to see that young dependent of yours. I imagine she is quite a lady now. With every good wish, I an : Fraternally, Director of Physical Education, FOAsMP | Varsity Basketball Coach. 2 Woo. (948 Mbear sve, pe pact _enticl, too fact Lgcceer Shel Vteued gour Cad fiteuncle Cit ot Wa havea 4 Of rene forgo | Ba Ah, 46 7 belt Che Zo Piette Lee et Uftn gutating aut Jny Ceanefe. Brn Ach at fttxcat nn Ke £ Oe thertlg trol tty gevering ae Cte Aad fpeclls ass ——s ae a ag Caring 2. 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