Evening star., 1943-04-05

AAS Soui1 Aiol Pul ClIdSC CdlVtS VI
livestock on the hoof to sell in the
open market because he was con-
tinuously outbid by the larger pack
ing companies, and sell at his CELL
ing prices, to so enable him to sur
viye in business. Consequently he
had to sell above the ceiling prices
and did sell to United States Gov
ernment agencies and other custom
ers, who purchased the same with
full knowledge that the price being
paid by them was in excess of his
ceiling prices. This continued for
period Of months.
"Counselman's business is a cor
nerstone in the history of the meat
trade, locally, going back to the Civil
War period. Its present proprietor
has been continuously in the busi-
ness for past 25 years. Mr.. Ralph
Counselman succeeded his father
who in turn had succeeded his
grandfather.
When Counselman learned of his
alleged violation he Immediately ap-
pealed to the OPA officials, begging
that his business be legitimatized by
giving him fair just and equitable
ceiling price to enable him to sur
vive in business. He was told by the
OPA to talk to Mr.. Wickard or the
farm bloc in Congress: that the
OPA had no authority to adjust his
price ceiling.
Second Appeal to OPA.
"Counselman replied that he could
not survive and was faced with
bankruptcy. OPA said they were
sorry. Counselman then appealed
again to the OPA. requesting an ad-
lustment of his ceiling. and was told
by an official who prior to becom-
ne associated with OPA had only
six months experience with a large
packing house in Chicago, that they
could not and would not adjust his
ceiling price. y"
The statement went on:
1T will be conclusively shown that
OPA in violation of Counselman's S
constitutional rights under the Fifth
Amendment. through and by its in
vestigators, fraudentlv and by mis-
representation secured Mr.. Counsel
mans business records by stating to
him that they were securing the
same in an endeavor to secure for
him a higher ceiling price.
Recognizing Mr.. Counselman s
predictament, the Quota Section of
the OPA more than doubled Mr.
Counselman's quota. but the Price
Division referred Mr. Counselman
to Mr.. Wickard and Congress.
In conclusion Mr. Keogh stated
that the alleged violation is one that
prayerfully cries to the Almighty for
equity and justice"
Willful Violation Denied.
H. Mason WEIGH, attorney for
the Kilsheimer brothers, issued the
following statement:
The Kilsheimers are not guilty
of any willful violation of any OPA
regulation. If OPA has evidence
OF any conduct at variance with any
provision of the regulations. such
conduct was the result of the in
volved, complex and confusing de-
tails of those regulations.
I'm order to discover the correct
answers to the maze of OPA regu-
lations before they Ohe Kilsheim-
ers' were charged with any viola
ton. they had spent several hours
with their counsel at the offices of
Theodore Claus. chief inspector for
OPA. discussing with him the in
terpretation of regulations and pro-
cedure they should follow on various
points affecting their business. so
as to avoid even technical violations.
And they have carefully and con-
scientiously followed OPA advice
and suggestions brought about in
that conference"