Evening star., 1933-09-27
LAWYER IS INDICTED
AS H0ARDER AFTER
SUING FOR HIS GOLD
Attack on Legality of Ban
Will Make New Yorker
First Prosecuted.
CHALLENGES VALIDITY
OF ROOSEVELT ORDER
Suit Demands Return of q Bars
of Precious Metals Entrusted
to Chase Bank.
BY the Associated Press.

BY the Associated Press.
NEW YORK. September 27.-Fred-
erick Barber Campbell. attorney who
has filed suit to test the constitution
ality of President Roosevelt's orders
against gold boarding, was indicted by
Federal grand jury on a charge OF
boarding gold.
Campbell'S suit was filed in Federal
Court yesterday against the Chase Ma
tional Bank to compel that institu-
ton to return to him 27 bars of gold
bullion he said he had entrusted to
the banks care as custodian for hire.
Federal authorities here said that
the indictment today made him the
first defendant in prosecution involv-
ing the gold boarding act and Execu-
tive order.
Gold Valued at $200,574.
The indictment charged him with
boarding gold in violation of an act
of Congress and the Executive order
of the President of August %, last.
Although Cambell placed no value
on the bullion in his complaint, the
Indictment returned today charged that
he held gold bullion valued at $780,
574.34, and is required by the act OF
Congress and the Executive order to
file a report concerning this with tn.
Secretary Of the Treasury, and to sur
render it.
Violation of the gold boarding regu-
lations is punishable by 10-year pris-
on sentence or a $4,000 fine.
The indictment was voted quickly
after United States Attorney George q
Medalie and Assistant United States
Attorney Thomas E. Dewey presented
their evidence to the grand jury.
The suit to test the constitutionality
of President Roosevelt's orders against
gold hoarders was brought yesterday by
Campbell, lawyer, and director in
numerous American and English msur-
ance companies.
The complaint said 13 of the bars,
presumably worth $1,000 each, were
handed over to the bank October ii
last, and IA. presumably of the same
value, on January Is.
Return Request Denied.
Campbell said in his complaint that
he had asked for the return of his
gold September Is, but was told by
officials of the bank that because OF
the executive orders of President
Roosevelt, dated April to 20 and Au-
gust %. 1888, the gold could not be
turned over to him, but would be de-
livered to the Federal Reserve Bank or
some other Government authority.
Campbell said in his suit that moth
ing in the executive order made illegal
the return of gold entrusted to a
custodian, and that IF the executive
orders do prevent and make illegal the
return of such bullion they are with
out any authority of law whatever and
in violation of the compliments rights,
privileges and immunities under the
Constitution and laws of the United
States"
Cites Fifth Amendment.
The complaint cited the fifth amend
ment to the Constitution of the United
States. which prohibits the seizure OF
property without due process OF law
and without the payment OF proper
compensation.
Campbell contended that all legisla-
tive power was vested in Congress by
article /, section l of the Constitution,
and said the term boarding" as de-
fined in the congressional act OF March
9 was "vague and indefinite"
The complainant also contended that
the Presidents order, so far as gold
bullion was concerned, was void. He
asked the Federal Court to decree that
the gold bars be returned to him.