Authority to Interstate Commerce Commission to Examine Correspondence Files of Carriers: Hearings Before the Committee on Interstate and Foreign Commerce of the House of Representatives, Sixty-fourth Congress, First Session. March 3, 1916
U.S. Government Printing Office, 1916 - 34 páginas
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accounts admitted affairs applies to corporations asked attorney authority bank bill body carrier CHAIRMAN citizen claim client committee communications Congress considered Constitution contracts corporation corre correspondence course demand discussing documents duces tecum entitled Esch established evidence examiners exempt exercise fact Federal charter files forbids force fourth amendment give given going Government granted Hale held holding individual inquiry Interstate Commerce Commission involved issue JOUETT less letters limitations matter means memoranda merely method necessarily necessary never O'SHAUNESSY objection officer opinion papers particular pass person physical access possession present privileged production proper proposed proposition protection public service question railroad company RAYBURN reason records reference refusal regulate relating search and seizure section 12 section 20 secure Sims spondence subpæna suggested Supreme Court thing tion United unreasonable search violation witnesses
Página 8 - And in case of disobedience to a subpoena the commission, or any party to a proceeding before the commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.
Página 8 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Página 8 - The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.
Página 12 - of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from the inspection and scrutiny of others. 'Without the enjoyment of this right, all others would lose half their value.
Página 32 - And any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him of crime, or to forfeit his property, is contrary to the principles of a free government. It is abhorrent to the instincts of an Englishman; it is abhorrent to the instincts of an American. It may suit the purposes of despotic power; but it cannot abide the pure atmosphere of political liberty and personal freedom.
Página 26 - Congress passed in the exercise of its constitutional powers, cannot refuse to produce the books and papers of such corporation, we do not wish to be understood as holding that a corporation is not entitled to immunity, under the Fourth Amendment, against unreasonable searches and seizures. A corporation is, after all, but an association of individuals under an assumed name with a distinct legal entity.
Página 34 - Although, for the reasons above stated, we are of the opinion that an officer of a corporation which is charged with a violation of a statute of the State of Its creation, or of an act of Congress, passed in the exercise of its constitutional powers...