United States v. Burdick
District Court, S.D. New York
Contempt proceedings by the United States against George Burdick and William L. Curtin. Respondents adjudged guilty of contempt, and judgment of fine and imprisonment imposed. This case comes up upon the presentment of a grand jury for contempt. The respondents, the city editor and a reporter of the New York Tribune, refused to answer questions regarding the sources of their information which was the basis of certain articles in that newspaper regarding customs frauds.
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Contempt proceedings by the United States against George Burdick and William L. Curtin. Respondents adjudged guilty of contempt, and judgment of fine and imprisonment imposed. This case comes up upon the presentment of a grand jury for contempt. The respondents, the city editor and a reporter of the New York Tribune, refused to answer questions regarding the sources of their information which was the basis of certain articles in that newspaper regarding customs frauds. They contended that disclosure would tend to incriminate them, and they refused to answer. Later the President issued full…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). There is concededly only one question in the case, which is whether the unaccepted tender of a pardon will toll the privilege against incrimination. This in turn divides into two parts: May the President pardon for a crime of which the individual has not been convicted and which he does not admit? Is acceptance necessary to toll the privilege?
[1] I have no doubt whatever that the President may pardon those who have never been convicted. The English precedents are especially pertinent. U. S. v. Wilson, 7 Pet. 150, 160, 8 L. Ed. 640. Lord Coke, 3 Inst. 233,…
2Cases cited6 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- Ex Parte GarlandSupreme Court of the United States · 1867
- United States v. KleinSupreme Court of the United States · 1872
- United States v. WilsonSupreme Court of the United States · 1833
- Armstrong v. United StatesSupreme Court of the United States · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. FrazierSupreme Court of North Carolina · 1972
- Jamison v. FlannerSupreme Court of Kansas · 1924