Evening star., 1942-12-10
No Coffee Hoarded
In Restaurants Here,
.0PA Inquiry Shows
Nationwide Drive Opens
With Conviction of Six
New York Cote Owners

WIN NonHlCtlOn or Dix
New York Cote Owners
An investigation Of Washington
restaurants has disclosed no exten.
sive coffee boarding, 1t was revealed
here today as once of Price Ad.
ministration officials began a Ma.
tion-wide drive against hoarder,
with the conviction Of six New York
restauranteurs on charges Of fail
ing to report their full stocks OF
coffee.
The trial Of the restaurant own
ers in New York yesterday was the
first Of its kind since coffee ration
ing started last month. Those con-
victed were found to have possessed
total Of 1000 pounds Of unde-
clared coffee.
Local OPA officials said they ha6
investigatedt19 District restaurants
but had found only small discrep.
ancies" between the amount of cof.
fee declared and the stocks on hand
Investigators believed the errors
here had been inadvertent. Ration
boards have been notified and will
alter their records to eliminate the
errors.
First Test in New York.
But in New York, OPA investi-
gators contended, the violations
were deliberate and on large scale
Enforcement officials said it could be
expected that more trials on coffee
boarding charges will follow.
The procedure for handling coffee
hoarders got its first test in the
New York cases and OPA officials
were awaiting a report on the New
York trials.
The six reStaurateurs were taken
before a trial examiner-an employe
OF OPA-who heard the evidence
presented against them by OPA in
veStigators. The examiner con-
victed six Of the seven defendants.
His recommendations, along with
the testimony in the cases, will be
forwarded to the OPA regional ad-
ministrator in New York. The ad-
mlnistrator will make the decision
as to the penalty to be assessed
against the convicted.
Wide Powers Cited.
He has the power to suspend the
restaurant owners rights to receive
or acquire coffee, to deliver, transfer
use or serve coffee. Further, he can
order q notice posted in the restau-
rant telling that the serving of
coffee is forbidden on the premises
The length of time of the suspension
is also determined by him.
The administrator can not only
oeny the restaurants coffee, but can
prohibit them from acquiring or
using all other rationed commod
ltles-such as sugar, gasoline, tires,
etc.
"ut you don't need to 20 sny
farther than to suspend coffee" an
OPA spokesman said.
II the regional administrator be-
lleves that the cases are so flaprant
that they warrant criminal prose-
cution, he can turn the evidence
over to the Justice Department
The ytolators could then be tried on
charges OF violating OPA rationinp
regulations, which charge carries a
penalty OF one year in Jail and a
$1,000 fine. II the accused has falsi-
ned record supplied to the Gov
ernment, a trial could be held on
that charge, which carries a penaltv
OF 10 years in Jail and a sl0.O fine
No Decision on Penalty.
No decision has been made as tc
the penalty to be imposed on those
convicted in New York.
II the restaurateurs wish to appea,
the administrators decision, the,
may bring their plea to Washington
Tor presentation to Paul M. OIeary
OPA rationing chief. Mr.. OIear,
is the final authority in the matter
however.
An OPA spokesman said that
there Is no provision for an appea,
10 the courts on questions of fact
IN these cases. The defendants
however, have the right to 20 tc
the courts in collateral action by
seeking an injunction to prevent the
OPA from carrying out any suspen-
sion order. 1t is to be presumed
that the court will review the fact.
In the case, the spokesman said.
One New York restaurateur was
charged with declaring an inventory
OF pounds of coffee while he act
ually had 1,041 pounds in stock
Others were charged with declaring
100 pounds with 225 pounds in stock
329 pounds with 514 pounds in stock :
100 pounds with 227 pounds in
stock; 242 pounds with 1913 pounds
in stock and 16 pounds with 2sl
pounds in stock.
The investigation into coffee
boarding here will continue. local
OPA officials said. It is not planned
to inspect every establishment in
Washington. but a reasonable
sampling will be taken.