Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-17
HEARING THE ARGUMENTS
PROCEEDINGS AGAINST SECRETARY
GAGE AND BOARD OF EXPERTS.
Testing Legality of Secretary's Ac-
tion in Fixing Standards of
Tea for Importation.

Justice Bradley of the Supreme Court of
the District of Columbia was engaged to-
day hearing arguments in connection with
the proceedings instituted the 10th of last
month by the United States of America on
the relation of George Hamilton, George G.
Cholwell & Co., Mourilyan lehman & Co.,
Russell & Co, Averil & Co. and William j.
Buttield, all dealers in teas, of New York
city, for a write of certiorari to be directed
against the Secretary of the Treasury and
the board of tea experts appointed by the
Secretary.
The object of the suit is to test the legal
ity of the action of the Secretary of the
Treasury in fixing certain standards of tea
for importation into the United States. AS
stated. the petition is for writ of certiorari.
The Secretary of the Treasury has formally
demurred thereto, contendins that the re-
lators have made no showing that entities
them to the writ. This raises, in effect, the
whole question of the propriety of the Sec
retary's action. The arguments had not
been concluded up to a late hour this after
noon. Attorney Henry E. Davis represents
the REALTORS. With him is associated James
L. Bishop of New York. United States At
torney Gould appears for the Secretary Of
the Treasury, and with him as associate
counsel is Edward B. Whitney, formerly
assistant attorney general
ReIators' Petition.
In their petition the REALTORS set forth
that the Secretary of the Treasury, in es-
tablishing a standard of method OF packing
teas, which excludes certain teas on the
ground of size merely, although they are
equal in purity. quality and fitness for con-
sumption to the standards fixed and estab-
lished by him, has been and is acting in
excess of his Jurisdiction and that the
fixing of such standard of size and the
regulations providing for and enforcing the
1t is explained in the petition that many
million pounds of India, Ceylon and Con-
gous broken teas, known in the trade as
dust" the latter term, however implying
no impurty or inferiority in the article
itself, are annually imported and sold on
the London, Canadian and Russian mar
kets, and are of unquestionable purity and
fitness for consumption. such dust differ
ing from unbroken leaf in size merely.
The court is asked to have brought be-
fore 1t the proceedings, decisions and &C
tions of the board of tea experts in select
Ing, preparing and submitting to the Secre-
tary of the Treasury standard samples of
teas for the year 1901. The request Is made
that the acts, proceedings and pretended
regulations of the board of tea experts and
the Secretary of the Treasury be corrected
on their merits. Also that the same espe-
cially In respect of determining or attempt
Ing to determine that any tea, kind or
grade of tea, not impure not of a quail
ity such as to make the same unfit for
consumption. may be excluded from i'm
portation into the United States. may be
reversed
Contention of Government.
The representatives of the government
contend that the poorest teas that are
allowed to be brought into the United
States cost the importers or 8 cents a
pound. while those they are now seeking
to bring in would cost only cents. The
cheapest tea the consumer can procure
costs the consumer % cents Counsel
claim that the consumers are much more
benefited by the law 1t stands than
they would be should the REALTORS be per-
mtted to import the cheaper grades.
This claim 1t is asserted is recognized
by the great mass of the tea trade. 1t is
the case of some Of the large firms Of New
York city seeking larger profits. according
to counsel for the government.
Most of the trade is arrayed against
the New York firms referred to, so the
Secretarys counsel declare, on the ground
that such importations would injure the
consumption Of tea in this country in the
long run,