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the constitutional provision, and the witness cannot be compelled to answer where he states that his answers might tend to criminate him. Counselman 1. Hitchcock, (1892) 142 U. S. 547, distinguished in U. S. v. Patterson, (1893) 150 U. S. 65.

" To meet this construction of the constitutional provision, the Act in question was passed, exempting the witness from any prosecution on account of any transaction to which he may testify.” Brown v. Walker, (1896) 161 U. S. 595.

The Act was held unconstitutional in U.S. v. James, (1894) 60 Fed. Rep. 257, but this case is now authoritatively overruled.

Extent of immunity afforded. — The Act affords absolute immunity against prosecution, state or federal, for the offense to which the question relates. Brown v. Walker, (1896) 161 U. S. 591.

“ The Act of Feb. 11, 1893, is a broad prohibition against the prosecution of a person for any act to which the disclosure relates. It unquestionably refers to a criminal procedure like this, and the immunity stated in the latter clause of the Act relates, undoubtedly, not simply to the causes or pro

edings before the interstate commerce commission, but to any cause or proceeding, criminal or otherwise.” U. S. v. James, (1894) 60 Fed. Rep. 259.

The immunity is confined to the witness personally, and cannot be extended to include a corporation which he represents.

In re Pooling Freights, (1902) 115 Fed. Rep. 588.

“ The court is of opinion that it was the intention of Congress, in the section copied, to limit this amnesty to a 'cause or proceed ing based upon or growing out of an alleged violation of the said Act to regulate commerce, and that as to matters outside of those the witness was left, first, to his privilege of refusing to answer lest he might criminate himself, or, second, if he had answered, then to his rights under section 860 of the Revised Statutes, as supplemented by the Act of 1893, prohibiting the use of his testimony against him. It was not the intention of Congress to grant him amnesty as to other crimes merely because he had testified to violations of the interstate commerce law." U. S. v. Price, (1899) 96 Fed. Rep. 962.

No application to Anti-trust Act. -- This section is confined to proceedings based upon or growing out of alleged violations of the Interstate Commerce Act and its amendments, and has no application to a prosecution for violation of the Anti-trust Act of July 2, 1890, and in such pro tion a witness may assert his constitutional privilege against being compelled to criminate himself. Foot v. Buchanan, (1902) 113 Fed. Rep. 156.

[Auditing of Commission's expenses.] That hereafter expenses of the Interstate Commerce Commission shall be audited by the proper accounting officers of the Treasury.

[25 Stat. L. 954.] This is from the Sundry Civil Appropria officers of the treasury," and such audit necestion Act of March 2, 1889, ch. 411.

sitates an examination as to the correctness Effect on section 18. — The above pro and legality of such expenses, with such vision did not repeal the provision of section satisfactory proofs thereof as may be re18 (supra, p. 849) requiring payment of the quired by the accounting officers. Moseley v. expenses of the commission to be made on the U. S., (1900) 35 Ct. Cl. 355. This decision presentation of vouchers approved by the was affirmed by the Supreme Court, but withchairman of the commission, but it did never out expressly passing upon the effect of one theless so modify it as to subject such ex act upon the other.

See U. S. v. Moseley, penses to audit “ by the proper accounting (1902) 187 U. S. 322.

856

Volume III.

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INDEX.

ACTIONS:

CHATTEL MORTGAGES:
Penalties and forfeitures, suits for, 94

In Indian Territory, 468
ADMIRALTY:

CHEESE:
Mode of proof in, 8

See FOOD AND DRUGS.
ADULTERATION:

CHINESE:
See FOOD AND DRUGS.

See IMMIGRATION.
AGENTS:

CIGARS AND CIGARETTES:
Indian agents, see INDIANS.

See INTERNAL REVENUE.
AGRICULTURE:

CIVIL RIGHTS:
See FOOD AND DRUGS; GAME ANIMALS AND Insurrection, and violation of, 523
BIRDS.

CIVIL SERVICE:
ALIENS:

See HOLIDAYS.
See IMMIGRATION.

CLERKS:
ALLOTMENTS:

See EXECUTIVE DEPARTMENTS.
Indian lands, 490

COAL:
ANIMALS:

Exportation of, 320
See GAME ANIMALS AND BIRDS.

COAST SURVEY:
APPOINTMENTS:

Fish commission vessels on same footing,
See EXECUTIVE DEPARTMENTS.

113
ARMY:

COLLECTORS OF INTERNAL REV-
Indian education, detail of army officers,

ENUE:
506

See INTERNAL REVENUE.
Officers detailed as Indian agents, 347

COLORED PERSONS:
ARMY AND NAVY HOSPITAL AT HOT

See FREEDMEN.
SPRINGS:

COLUMBIA INSTITUTION FOR DEAF
Acts relating to, 287

AND DUMB:
ARRESTS:

Acts relating to, 282
See EXECUTION.

COMMISSIONER OF FISH AND FISH-

ERIES:
ASYLUMS:
See HOSPITALS AND ASYLUMS.

See FISH AND FISHERIES.
ATTORNEYS:

COMMISSIONER OF IMMIGRATION:

See IMMIGRATION.
Employment of, by executive departments,
63

COMMMISSIONER OF INDIAN AF-
BANKS AND BANKERS:

FAIRS:
See INTERNAL REVENUE.

Duties, etc., of, 337

COMMISSIONER OF INTERNAL REV-
BIRDS:
See GAME ANIMALS AND BIRDS.

ENUE:

See INTERNAL REVENUE.
BOND AND WAREHOUSE SYSTEM:

COMMISSION, INTERSTATE COM-
See INTERNAL REVENUE.

MERCE, PROCEEDINGS OF, 849
BOUNTY:

CONGRESS:
Colored soldiers, 149, 150

Extracts from journals as evidence, 34
BRAN:

Testimony before, admissibility in criminal
See FOOD AND DRUGS.

prosecutions, 5
BREWERIES:

CONSULS:
See INTERNAL REVENUE.

Copies of records, etc., as evidence, 34
BUTTER:

CONTAGIOUS DISEASE:
See FOOD AND DRUGS.

See HEALTH AND QUARANTINE.
CARRIERS:

CONTEMPT:
See INTERSTATE COMMERCE.

Punishment of witness, 42

or

man-

CONTRACT LABOR:

DISTILLED SPIRITS:
See IMMIGRATION.

See INTERNAL REVENUE.
CONTRACTS WITH INDIANS:

DISTILLERIES:
See INDIANS.

See INTERNAL REVENUE.
CONVICTS:

DISTRICT OF COLUMBIA:
Immigration of, 293, 297

Depositions in, 24
Indigent convicts, discharge of, 106
Insane convicts, 276, 279, 280

DRAWBACK:
Manufactures by convict labor, importation See INTERNAL REVENUE.
of, 320

DRUGS:
Poor convicts sentenced and imprisoned for
fines, 99

See FooD AND DRUGS.

EDUCATION;
COOLY TRADE:
See IMMIGRATION.

Instruction of Indians, 506
CORPORATIONS:

EMBEZZLEMENT:
In Indian Territory, 472

Transcripts from books of treasury in in-

dictments for embezzlement, 30
CORRESPONDENCE:

EPIDEMICS:
Criminal correspondence with foreign gov-

See HEALTH AND QUARANTINE.
ernment, 146
COURTS IN INDIAN TERRITORY:

EQUITY:
Mode of proof in,

8
See INDIANS.

EVIDENCE:
CRIMES:
See HOMICIDE.

Actions at law, power to order production

of books and writings in, 2
Attempt to commit murder
slaughter, 235

Admiralty causes, mode of proof in, 8
Correspondence with foreign governments,

Books and papers in offices of District and

Circuit Courts in Texas, Florida, Wis-
146
Manslaughter, 234

consin, Minnesota, Iowa, and Kansas, 34
Murder, 231

Books and writings, power to order produc-

tion of, in actions at law, 2
CRIMES BY INDIANS:

Books of treasury department in suits
See INDIANS.

against delinquents, transcripts from, 27
CRIMES IN INDIAN TERRITORY:

Books required in civil suits under rey-
See INDIANS.

enue laws, 42

Certificates of organization of national
CRIMINAL PROCEDURE:

banks, 27
See EXTRADITION; FALSE PERSONATION; Certification of transcripts, etc., from treas-
GUANO ISLANDS.

ury department, 28
Pleadings, disclosures, use of in, 5

Circuit and District Courts in Western
Testimony of witnesses before Congress, 5 District of North Carolina, transcript of
Transcripts from books of treasury in in records in clerks' offices of, 34
dictments for embezzlement, 30

Circuit Courts in Texas, Florida, Wiscon-

sin, Minnesota, Iowa, and Kansas, books
CUSTOMS DUTIES:

and papers in offices of, 34
Removal of custom house in case of insur-

Civil suits under revenue laws, books, in-
rection, 531

voices, and papers required in, 42
CUSTOMS LAWS:

Common-law actions, mode of proof in, 7
See FINES, PENALTIES, AND FORFEITURES. Comptroller of currency, instruments and

papers of, 27
DAIRY PRODUCTS:

Congress, extracts from journals of, 34
See FOOD AND DRUGS.

Congress, witnesses before, 5
DEAF AND DUMB:

Consuls, etc., United States, copies of
Columbia Institution for, 282

records, etc., in offices of, 34

Contempt, punishment of witness for, 42
DEDIMUS POTESTATEM:

Copies and transcripts from treasury de-
See EVIDENCE.

partment, how certified, 28

Copies of foreign letters-patent, 33
DEPARTMENTS:

Criminal proceedings, pleadings, disclos-
See EXECUTIVE DEPARTMENTS.

ures, etc., not to be used in, 5
DEPOSITIONS:

Criminal prosecutions, testimony of wit-
See EVIDENCE.

nesses before Congress not admissible

in, 5
DISABLED VOLUNTEERS:

De bene esse depositions, 8
National Home for, 259

De bene esse depositions, mode of taking,
DISBURSING CLERKS:

15
See EXECUTIVE DEPARTMENTS.

Dedimus potestatem, attendance of witness

under, 24
DISCRIMINATION:

Dedimus potestatem, depositions under a,
See INTERSTATE COMMERCE.

20

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EVIDENCE - Cont'd.

EVIDENCE - Cont'd.
Dedimus potestatem, depositions under, Judicial proceedings, record of lost or de-
how taken, 23

stroyed, how and when replaced, 35, 36
Dedimus potestatem, subpæna duces tecum Land titles in the United States, copies of
under, 24

foreign records, etc., relating to, 40
Department records and papers, copies of, Legislative acts, authentication and proof
26

of, 37
Depositions de bene esse, 8

Letters-patent, copies of foreign, 33
Depositions de bene esse, mode of taking, Letters rogatory from U. S. courts, 25
15

Mode of proof in common-law actions, 7
Depositions de bene esse, transmission to Mode of proof in equity and admiralty
the court of, 17

causes, 8
Depositions for United States courts may Mode of taking depositions de bene esse, 15
follow state usage, 22

National banks, organization certificates of,
Depositions in District of Columbia in suits 27
pending elsewhere, 24

Original records lost or destroyed, when,
Depositions in District of Columbia in suits 35, 36

pending elsewhere when no commission Papers, copies of department, 26
or notice issued or giyen, 25

Papers required in civil suits under rev-
Depositions in District of Columbia in suits enue laws, 42
pending elsewhere, witness fees, 25

Patent-office, copies of records, etc., of, 33
Depositions in District of Columbia, man Patents, printed copies of specifications and
ner of taking and transmitting, 25

drawings of, 33
Depositions in perpetuam, etc., 20.

Patents, specifications and drawings of, 33
Depositions in perpetuam, etc., admissible Pleadings not to be used in criminal pro-
at discretion of court, 23

ceedings, 5
Depositions under a dedimus potestatem, 20 Post-office department, copies of auditor's
Depositions under a dedimus potestatem, statement of accounts of, 31
how taken, 23

Post-office department, copies of statements
Disclosures of judicial proceedings not to of demands by, 32
be used in criminal proceedings, 5

Post-office records, copies of, 31
Discretion of court, depositions in per Power to order production of writings in
petuam admissible at, 23

tions at law, 2
District courts in Texas, Florida, Wiscon Power to order production of writings in

sin, Minnesota, Iowa, and Kansas, books actions at law, 2
and papers in offices of, 34

Production of books and writings in ac-
District of Columbia, depositions in, in tions at law, 2
suits pending elsewhere, 24

Public moneys, transcripts from books of
District of Columbia, depositions in, in treasury in indictments for embezzlement
suits pending elsewhere, when no

of, 30
mission or notice issued or given, 25

Punishment for contempt, 42
District of Columbia, depositions in, in Records, copies of department, 26

suits pending elsewhere, witness fees, Records, etc., copies of, in office of solicitor
25

of treasury, 27
District of Columbia, manner of taking and Records, etc., kept in offices not pertaining

transmitting depositions in, in suits to courts, proofs of, 39
pending elsewhere, 25

Records, exemplifications of records valid
Embezzlement of public moneys, tran without names of officers signing or

scripts of books of treasury in indict countersigning, 41
ments for, 30

Records in clerks' offices in western dis-
Equity causes, mode of proof in, 8

trict of North Carolina, transcript of,
Exemplifications valid without names of 34

officers signing and countersigning, 41 Records in offices of United States consuls,
Extracts from journals of Congress, 34

etc., copies of, 34
Extradition cases, evidence in, 89

Records lost or destroyed, 35, 36
Fees and mileage of witnesses, 42

Records lost or destroyed, restoration or
Foreign records, etc., relating to land-titles substitution of, 35, 36
in United States, copies of, 40

Records of general land-office, copies of, 32
General land-office, copies of records, etc., Records of general land-office, copies of, to
of, 32

be certified, 41
General land-office, copies of records, etc., Records of judicial proceedings lost or de-
to be certified, 41

stroyed, when, 35, 36
In perpetuam, depositions, 20

Records of patent-office, copies of, 33
In perpetuam, depositions admissible at dis Restoration of lost or destroyed records of
cretion of court, 23

judicial proceedings, 35, 36
Instruments and papers of comptroller of Returns in returns-office, copies of, 31
currency, 27

Revenue laws, books, papers, and invoices
Invoices required in civil suits under rev required in civil suits under, 42
enue laws, 42

Solicitor of treasury, copies of records,
Journals of Congresa, extracts from, 34

etc., in office of, 27
Judicial proceedings of states, etc., authen Subpæna duces tecum under a dedimus
tication of, 37

potestatem, 24

com-

ex

a

EVIDENCE -- Cont'd.

EXECUTION - Cont'd.
Suits against delinquents for public Jail limits, privileges of, 51

money, transcripts of books of treasury, Judgment debtor entitled to continuance
27

for one term, when, 46
Taking testimony to be used in foreign Marshal, death of, after levy or sale, 52
countries, 41

Personal property, how sold under order
Testimony of witnesses before Congress, 5 or decree of court, 54
Testimony to be used in foreign countries, Privileges of jail limits, 51
41

Publication of notice of sale of real estate
Transcripts of books of treasury depart under order or decree of court, 54

ment in suits against delinquents, 27 Purchase on execution, 52
Transcripts of books of treasury in indict Real estate, how sold under order or de-

ments for embezzlement of public moneys, cree of court, 54
30

Real estate, publication of notice of sale
Transcripts of records in clerks' offices of under order of court, 54

western district of North Carolina, 34 Revenue officers, execution not to issue
Treasury department copies and tran-

against, in cases of probable cause, 46
scripts, how certified, 28

Stay of execution, when judgment debtor
Treasury department transcripts in indict entitled to, for one term, 46
ments for embezzlement of public

EXECUTIVE:
moneys, 30

See cross-reference, 55
United States courts, depositions for, may
follow state usage, 22

EXECUTIVE DEPARTMENTS:
United States courts, letters rogatory

Application of provisions of this title, 57
from, 25

Appointments, restriction on temporary, 63
Witnesses before Congress, testimony not

Attorneys, employment of, 63
admissible in criminal prosecutions, 5

Chief clerks to distribute duties, etc., 60
Witnesses, defendants may be, 43

Chief clerks to supervise subordinate
Witnesses, fees and mileage of, 42

clerks, 60
Witnesses, officers and persons claiming

Closing departments for deceased
compensation may be, 43

officials prohibited, 66
Witness fees, depositions in Dietrict of

Compensation disallowed, extra, 63
Columbia in suits pending elsewhere, 25

Counsel, employment of, 63
Witness need not criminate himself, 42

Departmental regulations, 58
Witnes, punishment for contempt, 42

Department,” meaning of the word, 57
Witness under dedimus potestatem,

Disbursing clerks, 61
when required to attend, 24

Discretionary authority of President to fill

vacancies, 62
EXAMINATIONS:

Duty of chief on receipt of report, 60
See cross-reference, 43

Employment of attorneys or counsel, 63
EXCEPTIONS, BILL OF:

Examination and sale of useless papers in
See cross-reference, 43

departments, 65, 66

Expenditures for newspapers, 65
EXECUTION:

Heads of departments, salaries of, 58
Appraisal of goods taken on a fieri facias, Hours of business, 60
51

Hours of service extended when public busi-
Arrest or imprisonment, discharge from on ness of bureaus in arrears, 66
mesne or final process, 50

Newspapers, expenditures for, 65
Common-law causes, executions in, 44

Papers, useless, in departments to be re-
Death of marshal after levy or sale, 52

ported to Congress, 65, 66
Debt, imprisonment for, 48

President, discretionary authority of, 62
Debtor, poor, discharge of by President, Public business in bureaus, condition of, 66
53

Public business in bureaus, extension of
Debtor, poor, discharge of by secretary of hours of service when in arrears, 66
treasury, 52

Public business in bureaus, quarterly re-
Discharge of poor debtor by President, 53 ports of condition of, to be made to
Discharge of poor debtor by secretary of President, 66
treasury, 52

Regulations, departmental, 58
Executions in common-law causes, 44

Report of chief clerk, duty of chief on re-
Executions in favor of United States to ceipt of, 60
run in every state and territory, 45

Reports of condition of public business of
Executions not to issue against revenue bureaus to be made to President, 66

officers in cases of probable cause, etc., 46 Salaries of heads of departments, 58
Executions stayed on conditions, 45

Temporary appointments limited to thirty
Executions to run in all districts of the days, 63
state, 44

Temporary appointments, restriction on, 63
Fieri facias, goods taken

on, how ap-

Title, application of provisions of, 57
praised, 51

Vacancies, discretionary authority of
Goods taken on a fieri facias, how ap-

President to fill, 62
praised, 51

Vacancies, how temporarily filled, 61
Imprisonment, discharge from on mesne or Vacancies in subordinate offices, 62
final process, 50

Vacancies, temporary appointments lim.
Imprisonment for debt, 48

ited to thirty days, 63

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