New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-25
Intimation of Speculative lntlu'
enCes Brings Retort from
Solicitor General.
FOUR JUDGES HEAR CASE
Monopoly Is Alleged, but Defence
Contends Affair Is Matter for
State Department, and
Not the Courts.

the government IN Its SUIT against herman
Sielcken and others who are alleged to
have conspired TO corner the coffee market
In restraint of trade, should not be extend
ed TO enjoin the defendants from disposinS
OF some $4,000 bags Of valorization coffee
stored i'm the warehouses of the New York
Dock Company was heard yesterday he
fore Judges IAcombe. Coke, Ward and
Moves. sitting in the Circuit Court of APP
peals. The court reserved decision in the
matter. and on request Of Federal Attor-
ney Wise gave the government until to-day
TO perfect its complaint in certain particu-
lars.
Appearing for the government yesterday,
besides Mr.. Wise. were Solicitor General
Frederick ". Lehman and Assistant plS-
trict Attorney Cutler. James \. Fowler and
William r. Chantland. assistants To the
ATTORNEY General. and Jesse .. Adkins.
attorney Of the Department Of Justice
Joseph II. Choate Julien T. Dawes and
John A. Carver appeared for the defend
ants.
The defence contended that the court had
no Jurisdiction in the case. Mr.. Choate de-
clared that the coffee in question was
owned by the State of Sac Paulo Of Brazil
and that the government had no right TO
interfere with the property of an alien
power through its judicial branch 1t was
purely matter OF International diplomacy
ne said. and concerned the executive branch
of the government-the President or the
Secretary of State-and not the courts.
Says Brazil Is Attacked.
Mr.. Choate declared that the present ac-
ton Of the government was directed against
the integrity OF the Brazilian government.
Of n. cnnnlalnt
might lead to an international quarrei
which would undo the good results accom-
plished by this government during the last
few wears 10 maintain political and indus
trial peace with the countries OF Central
and South America
During the course of his argument Mr..
Cboate intimated to the court that certain
nersons or interests were behind the gov
ernment's suit who were not animated ny
patriotic motives but were more concerned
with the coffee market Solicitor GeheIal
Lehman took strong exception TO MI
Choates remark. Referring 10 II later lie
said:
Regarding the imputaton made here
that I represent any one in this case except
the United States, | may recall the zine
when a serious imputation was maze
against my opponent. and l defended nm
against it. | hope | was no more mistaken
then than he is now.
Mr.. Lehman declined afterWard 10 say
what the imputaton was against MI
Cboste 10 which he referred. but II was
understood ii had to do with the charseS
OF unprofessional conduct filed against tle
latter at the annual meeting OF the Amerl
can Bar Association in Chattanooga. Iehh
An August, 1910 Mr. Lehman was theh
chairman Of the grievance committee OF
the Bar Association and promptly mslstc1
ON the generation OF Mr.. Choate
The charges made against Mr.. Choate az
that time were filed by George W. thamlee
a Chattanooga lawyer. representing James
II Watts New York coal merchant VINO
ALLEGED that he was entitled to coHee'
500 90 from the Weston estate in suit
over the lease OF a coal mine, and that Mr.
Choate, as mis- counsel had made no eno:'
to obtain the money for him
Says Monopoly Was Created.
After Mr.. Wise had outlined the govern
.nlents case aud asked FOR an extension o.
IN, injunction. solicitor General Lehman
described the coffee situation at length a.
the governments set forth III its Ollglnal
petition IN the action. and SAID that Z
MONOPOLY had bc,n created IN restraint Oh
trade by the action of the valorization com
mittee appointed IS the state OF Sac tdul'
TO buy and hold practically the worlds
supply OF coffee and maintain ana fix
market price for it.
Durins the operations OF the committee
a which the defendant. Herman Siclcken
was a rIcmIcr. The Solicitor General sad
that the Wholesale price Of coffee had i'll
creased from is il cents a pound IN In
crease of ,nc cent a pound meant burden
of S1uOol.CuO on the people of this country,
who consume about ~ per cent Of the
worlds production. about ~ per cent o.
which is grown in sac Paulo he said lie
declared hat the court, under the sherman
antitrust act had jurisdiction to restrain
tuc defendants from moving or dsPos!ng
OF the coffee in the New York Dock Com
pany Warehouses until the action was ter
minated He said that If the injunction
was cxton Jed the government would then
ask for the appointment Of a receiver to
sell the coffee on thc market and return II
to the proper channels Of trade, where i;
belonged
Judge Laccmbe suggested that the fed
eraI government did not acquire jurisdic-
ton over $40 Paulo. or anywhere else.
merely because property belonging 10 tina.
country was stored here. lie suggestc!
that il the presence Of the coffee
offence the government might demand tina.
II be taken bach.
we are not dealing with this coffee in
regard TO its property rights" said the So
licitor General. but as a part Of the scheme
in restraint Of trade, with a conspiracy AMI
violation Of the law. and the statute under
which we operate gives full power to
deal with Il as the necessities Of the case
warrant"
Choate Creates a Laugh.
Mr. Choate followed the Solicitor Gen
eraI and argued the motion at consider
able length lie created a laugh by re
ferring TO the coffee in question as not hav-
ing done anything and perfectly harmless
and innocent merchandise" He said that
IL there haG been any offence the wrong
remedy had been sought, and that il didn't
lie I'm a mandamus or injunction in the
courts at all. but I'm the executive branch
Of the government. BY some mysterious
means II appeared that Congress had in
the whole world under the Sherman act, he
said He did not believe that Congress ever
intended to do that, he said. The State OF
Sac Paulo had accumulated this large
amount of coffee at time when II was
necessary TO do so to save her own coffee
industry, upon which the life Of the state
depended. There was no suggestion Of con