United States v. Collins
District Court, D. Oregon
Proceeding for Contempt. John J. Collins was subprenaed to appear in court and testify as a witness in behalf of the United States, and was required by such subpoena to bring with him each and every record, book, paper, file, or instrument, or other record in his possession or under his control, showing, or containing, or having therein any matter or thing pertaining or relating to the business of E. Dorgan, or Francis Devine, or Dorgan & Devine, associated together either…
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Proceeding for Contempt. John J. Collins was subprenaed to appear in court and testify as a witness in behalf of the United States, and was required by such subpoena to bring with him each and every record, book, paper, file, or instrument, or other record in his possession or under his control, showing, or containing, or having therein any matter or thing pertaining or relating to the business of E. Dorgan, or Francis Devine, or Dorgan & Devine, associated together either with him, the said Collins, or separately, within, and during the years 1902 and 1903, whether made or entered by him, or…
1Opinion of the Court
WOLVERTON, District judge
(after stating the facts). Two reasons, it will be seen, are assigned by Collins why he should not be required to bring the records, books, etc., called for by the subpoena: First, that they are in the hands of a partnership, of which he is a member only; and, second, that if produced they will constitute evidence, the tendency of which will be to incriminate him, or to render him subject to prosecution for a crime against the United States. Of these, in their order, it is fámiliar law that every member of a firm is an agent thereof; but not only this, he is…
2Cases cited5 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Brown v. WalkerSupreme Court of the United States · 1896
- United States v. KimballU.S. Circuit Court for the District of Southern New York · 1902
- United States v. McCarthyU.S. Circuit Court for the District of Southern New York · 1883
3Cited by8 opinions
- Brown v. United StatesSupreme Court of the United States · 1928
- Ex Parte CopelandCourt of Criminal Appeals of Texas · 1922
- In re HallDistrict Court, S.D. New York · 1924
- United States v. SpectorDistrict Court, S.D. California · 1951
- Ex parte ChapmanU.S. Circuit Court for the District of Idaho · 1907
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