New-York tribune., 1918-03-12
Constitutional Rights of
Former French Soldier
Violated, Says Court
Becker Put on Defence
Deputy Attorney General
Questions Man Sent to Ger
many by the Accused

Justice Delehanty declared yesterday
from the bench Of the Supreme Court
that Deputy Attorney General Alfred
l.. Becker's seizure of papers belong
ing to Frank Goldsoll, the French pri-
vate, who made millions buying motor
trucks for France, reminded him Of
the gambling raids staged by District
Attorney William Travers Jerome.
"Your action" said Justice, Dele
hanty, turning to Mr.. Becker, Ere
minds me of the days when Jerome
used to raid gambling houses and
carry off all the effects. Your action
was violation of the defendants con-
sstitutional rights and these things
don't go here"
The soldier millionaire is the actual
defendant in the main proceedings, the
French government seeking his extra
dltlon on the ground that his profit
from motor trucks was illicit At the
hearing yesterday, however, the Deputy
Attorney General was the temporary
defendant, being cited to show cause
why temporary injunctioni which
Justice McAvoy granted restraining
hlm from further examination of the
selzed papers should rot be made per
manent
Must Justify His Act
The Attorney General is the de-
fendant here" said Justice Delehanty
"and he will be treated just the same
as any other ltigant that comes into
this court. You have got to Justify
your act"
II think your honor has taken posi-,
ton which renders, possibly. further
argument rather useless" said Mr.
Becker. "This action was taken under
Il wartime statute which was passed at
time when rather instant and rather
harsh measures are properly called for
am desirous Of protecting the con-
stitutiooal rights of anybody who has
them, but | am sure there is no case
presented here where any constitu-
tlonal rights have been invaded"
Without permitting Mr. Becker to
proceed further along this line Justice
Delehanty interrupted with injunctions
as 10 the proper methods to pursue
when papers were to be obtained-the
duly authorized issuance Of subpnnas
end the appeal to the court if those
documents were ignored Instead of
following that method, the court con-
tinued, the deputy attorney generals
men, according to the evidence. had not
only seized the papers Specitied in the
subpnnas but had "prattica!ly cleaned
out" the offices of the Alliance Motors
Corporation where the documents were
found.
"These things don't go here [ tell
you" Justice Delchanty concluded.
ou may submit your papers and /
will reserve decision"
Becker Examines Witnesses
Mr.. Becker in the afternoon exam
ined several witnesses whom he con-
sders of prime Importance to the case
against Godsoll. They included Ben
jamin Blumenthal. whom Goldsoll sent
to Germany to look out for his theat-
rcal enterprises there after the out
brother of the defendant; Miss Zelda
April, his secretary; A. j. Van Exen,
New York manager Of the Tecla Jew
ellery Company, which is controlled by
Goldsoll, and Allan Deutsch, GoIdsol's
former attorney.
Blumenthal, Mr.. Becker said had re
fused to answer one of the questions
put to him, and proceedings might be
started to force him to divulge the in
formation. John b. Stanchtield, coun-
sci for Goldsoll. declared that the case
against his client would have to be
made out in this country to obtain eX-
tradition. Reports that Goldsoll had
obtained his discharge from the French
army under peculiar circumstances
were erroneous, Mr.. Stanchfeld assert
ed. Goldsoll had been discharged for
physical disability, he said, after ex-
animation by d board Of twelve sur
EcOns.