John Boske v. David Comingore
Decision Date | 09 April 1900 |
Docket Number | No. 370,370 |
Parties | JOHN T. BOSKE, Sheriff of Kenton County, Kentucky, Appt ., v. DAVID N. COMINGORE |
Court | U.S. Supreme Court |
Messrs. John G. Carlisle, H. M. Winslow, W. S. Taylor, Russell & Winslow, and Clifton J. Pratt for appellant.
Assistant Attorney General Boyd for appellee.
This is an appeal from a final order of the district court of the United States for the district of Kentucky discharging appellee, United States internal revenue collector for the sixth collection district in Kentucky, from the custody of the appellant as sheriff of Kenton county in that commonwealth.
The discharge was upon the ground that the imprisonment and detention of the appellee were in violation of the Constitution and laws of the United States. That ruling presents the only question to be considered.
Under date of April 15, 1898, the Commissioners of Internal Revenue, with the approval of the Secretary of the Treasury, promulgated certain regulations for the government of collectors of internal revenue, as follows:
These Treasury regulations being in force, a proceeding was instituted in the county court of Carroll county, Kentucky—a court of limited jursidiction—in the name of the commonwealth against Elias Block & Sons, for the purpose of ascertaining the amount and value of a large amount of whisky which, it was alleged, the defendants had in their bonded warehouses for a named period, but had not listed for taxation, and of enforcing the assessment and payment of state and county taxes thereon. Ky. Stat. § 4241.
In the progress of that proceeding the commonwealth of Kentucky, represented by the auditor's agent, took the deposition of Comingore, collector of internal revenue. In answer to questions propounded to him, the collector stated that Block & Sons. owners of a distillery, made monthly reports to his office of liquors manufactured by them and deposited in the bonded warehouses on the distillery premises from 1887 on; that the defendants made application from time to time for permission to withdraw liquors from bond; and that such reports, commencing October 1, 1885, and ending July 1, 1897, were on the files of his office, but not under his control except as collector. He was then asked to file copies of those reports and make them part of his deposition. This he declined to do, 'under § 3167 of the Revised Statutes of the United States and the rulings of the department.' That section reads: Being asked what rulings of the department he referred to other than § 3167 of the Revised Statutes, he said: 'The department does not permit the giving out of anything contained in internal revenue returns or documents by a collector, storekeeper, or any other officer of a collectiondistrict for purposes other than those which the statutes of the United States contemplate.' That ruling, he said, was made by the Secretary of the Treasury through the Commissioner of Internal Revenue.
In consequence of the refusal of the collector to file and make part of his deposition copies of the above reports of the defendants, the notary public before whom his deposition was taken adjudged him to be in contempt, and ordered him to pay to the commonwealth a fine of $5, and to be confined in the county jail for six hours, or until he was willing to furnish the copies called for, or permit access to the records of his office in order that information might be obtained to be used as evidence in the above case.
The matter having been reported by the notary public to the Carroll county court, as required by § 538 of the Kentucky Civil Code of Practice, that court made the following order:
'It is therefore ordered and adjudged by the court that the plaintiff's motions be sustained, and that plaintiff is entitled to use as evidence the facts stated in the reports and papers filed by any or all of the defendants in the office of the collector of internal revenue for the sixth district of Kentucky and also such facts as are stated in the reports made to said office by certain officers known as 'United States storekeepers,' and any other similar records, papers, documents, or exemplifications in said office tending to show the amount of liquor on hand at the distillery of the defendants on the 15th day of September, 1889, 1890, 1891, 1893, 1894, 1895, 1896, and on the 15th day of November, 1892; it is further ordered that the witness, D. N. Comingore, make or cause to be made or permit the plaintiff, its agent or attorneys, to make true copies of such of said papers as the plaintiff or its attorneys may demand, and that said Comingore, as collector, attest the same and attach his seal of office thereto, if he has such seal, and that he permit the plaintiff or its agents or attorneys to compare said copies with the originals and verify the same, and that he shall also testify further in regard to same, if demand be made, and leave is hereby given to complete the taking of said deposition on giving proper notice, and for this purpose the clerk is directed upon request purpose the clerk is directed upon request of plaintiff's attorneys to transmit said public, Covington, Ky. It is further adjudged that the action of the notary public, W. A. Price, in adjudging the witness, D. N. Comingore, to be in contempt for failure to file copies of reports, papers, documents, and exemplifications or to testify as to their contents, as requested, be sustained and affirmed, and that the commonwealth of Kentucky recover of said D. N. Comingore the sum of $5 as a fine, and that he be taken by the sheriff of Kenton county, Ky., and confined in the jail of said county for the space of six hours, or until he signifies his willingness to comply with the request made in the deposition attempted to be taken, as follows: 'Please file official copies of the reports made to your office by Block & Son as to the amount of liquor which they manufactured and deposited in the bonded warehouses located on their distillery premises from the year 1887 down to the present time and also official copies of applications made by them to your office during said time for permission to withdraw such liquors from bond.' Also with the...
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