The Birmingham age-herald., 1912-05-25
THE COFFEE TRUST
 SUIT IMPORTANT
 Hs Questions of International Magniture Come to Fore ATTORNEYS CLASH
Question Involved Is Whether Govern ment Has Right to Seize and
 Sell Property of a For eign State

New York, May 24.--Questions of inter- national magnitude came to the fore late today when the federal government pro- ceeded with it's newest move under the Sherman law to break up the Brazilian coffee trust" Prominent counsel clashed with the government attorneys and judges of the circuit court of appeals took issue with some of the propositions made by the federal prosecutors. The issue mainly resolved itself into the right of the United States government to seize and sell s1o,- 100000 worth of coffee, the property of foreign state because of an alleged il- legal combine in control of the coffee market.
 The coffee in question, approximately 9o0,- 900 bags. has been held up under tenn porary injunction against the New York Dock company. Herman Slelscken and others. as alleged parties to the 'conspir- | acy," and today's proceedings were ar guments for and against making that in- junction permanent. United States Cir cult Court Judges Lacombe, Coxe, Moves and Ward reserved decision. Judge Lacombe's Idea | by Solicitor General Lehman that ap- pointment of a receiver to "break up the combine against lawful trade" was jus
 tiled, said that the proper way of pro- ceedlng would be to compel the 'unlaw-
 full combine to take the coffee back, not
 to take 1t and sell 1t here.
 T disagree with you" answered MT. Lehman. 'The proper method Is to put
 the coffee fin the lawful channels of | trade"
 But if 1t was not bought here 1t has never been in the channels of lawful trade
 of this country" objected Judge Lacombe l We are dealing with this coffee as an instrument carrying out a plot to defeat the laws of this country" MT. Lehman asserted Can 1t be that by it persons remaining out of tho country
 may break it's laws without means of getting at them?"
 You have Mir Sielcken here. Is he not subject to criminal prosecution ?' asked Judge Lacombe.
 Mir. Lehman answered that he was. We are proceedings against the con- | spiracy," said MT. Lehman. Since the contract entered Into by another coun- l try has its effect here. it Is subject
 to any laws of this country which it | contravenes here. When the govern ment of Sac Paulo bought coffee and
 brought it here 1t became a coffee mer- chant and subject to our laws here"
 Choate Argues Against Action
 Joseph II. Choate took up the argu-
 ment on behalf of the defendants:
 q have always thought" said MT | Choate, that the property of a foreign | state cannot be dealt with by the ju- | dicial department at all but must be
 dealt with by the executive through | diplomatic sources.
 Wrongs inflicted by one nation upon another cannot be redressed by the judi clal power. The right to redress lies wholly with the executive power. The coffee has not done anything. This Sac Paulo scheme was not in- tended as n combine to raise the price of coffee but to protect its cultivation and its sale.
 l There Is every ground for diplo- matic quarrel If there is anything to be done 1t Is against the government to which this coffee belongs. 1t is the duty of it's government to put a stop to 1t. Il has been the policy of this country to retain friendly relations with our South American republics. This judicial l power might undo all that the diplomatic corps has succeeded in doing towards this | friendlness in tho past 50 years" | The motion was submitted on the oral | arguments