The Courts of the United States Cannot be Made Mere Aids to a Commission of Inquiry Created by Congress: In the Matter of the Application of the Pacific Railway Commission for an Order Upon a Witness Before it to Answer Certain Interrogatories Propounded to Him
In the matter of the application of the Pacific Railway Commission for an order upon a witness before it to answer certain interrogatories propounded to him, opinions of Mr. Justice Field, and Judges Sawyer and Sabin delivered in the U.S. Circuit Court at San Francisco, Aug. 29th, 1887.
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act of Congress amount answer appear appointed ascertain asked authority bonds books and papers called cause Central Pacific Railroad character charged Circuit cited citizen claimed Commission Commissioners committee compel compulsory concern Congress consideration Constitution contempt contract controversies corporation course created creditor debtor decision determine directed Directors District duty employés equally established evidence examination exercise extent facts follows foreign fully functions further give Government granted ground House inquiry interest interrogatories investigation invoke issue Judges judgment judicial power judicial proceedings jurisdiction Justice Kilbourn lands legislative limited manner matter ment mission names natural person officers opinion Pacific Railroad Company paid parties petition present principles private affairs proceedings produce proper propounded protection provides punish questions Railway received relation Representatives respect respondent road secure simply statement suit Supreme Court testimony tion United vouchers witness
Страница 8 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Страница 36 - ... is capable of acting on it. That power is capable of acting only when the subject is submitted to it by a party who asserts his rights in the form prescribed by law. It then becomes a case, and the constitution declares that the judicial power shall extend to all cases arising under the constitution, laws, and treaties of the United States.
Страница 45 - ... in the same manner and to the same extent and with the same effect as is provided in section one thousand five hundred seventy-eight of the Code of Civil Procedure with reference to mortgages of real property.
Страница 33 - The judicial power of the United States shall be vested in one Supreme Court and such inferior Courts as Congress may, from time to time, ordain and establish.
Страница 7 - And in case of disobedience to a subpoena 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 documentary evidence.
Страница 36 - This clause enables the judicial department to receive jurisdiction to the full extent of the constitution, laws, and treaties of the United States, when any question respecting them shall assume such a form that the judicial power is capable of acting on it.
Страница 24 - 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 f-oin the inspection and scrutiny of others. "Without the enjoyment of this right, all others would lose half their value.
Страница 26 - Papers are the owner's goods and chattels: they are his dearest property; and are so far from enduring a seizure, that they will hardly bear an inspection ; and though the eye cannot by the laws of England be guilty of a trespass, yet where private papers are removed and carried away, the secret nature of those goods will be an aggravation of the trespass, and demand more considerable damages in that respect.
Страница 48 - the United States cannot any more than a state interfere with private rights, except for legitimate governmental purposes. They are not included within the Constitutional prohibition which prevents States from passing laws, impairing the obligation of contracts, but equally with the states they are prohibited from depriving persons or corporations of property without due process of law.