In re Hoffman, 161.

Citation68 F. Supp. 53
Decision Date04 October 1946
Docket NumberNo. 161.,161.
PartiesIn re HOFFMAN.
CourtUnited States District Courts. United States District Court (Columbia)

Bernard Margolius, of Washington, D. C., for the motion.

J. Grahame Walker, of Washington, D. C., opposed.

HOLTZOFF, Associate Justice.

This is a motion to dismiss a rule to show cause why the respondent should not be punished for contempt of court in that he disobeyed an injunction restraining him from violating certain regulations issued by the Office of Price Administration.

The ground of the motion is that the respondent claims to be entitled to immunity from prosecution because he produced certain documents in response to a subpoena duces tecum issued by the Office of Price Administration and the information which gave rise to the contempt proceeding was obtained from such documents. In effect, the present motion is equivalent to a special plea in bar interposing immunity from prosecution as a complete defense.

The motion is based on provisions of Title II, Section 202(g) of the Emergency Price Control Act, which is also found in Title 50, United States Code Annotated, Section 922(g). That section provides that "No person shall be excused from complying with any requirements under this section because of his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893, shall apply with respect to any individual who specifically claims such privilege." The Compulsory Testimony Act of 1893, which is found in United States Code Annotated, Title 49, Section 46, provides, in effect, that no person shall be excused from producing records before the Interstate Commerce Commission, but no person shall be prosecuted for, or on account of, any transaction, matter, or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said commission.

These two statutes must be taken together, as the Compulsory Testimony Act of 1893 is expressly incorporated by reference in the Emergency Price Control Act. The two statutes are unambiguous. They exempt from prosecution any person who produces records in response to a subpoena issued by the administrative agency if the prosecution is to be based on information contained in such records.

It is claimed by the Administrator, however, that the statute should not receive this broad construction. Subsection (b) of the same section of the Emergency Price Control Act authorizes the Administrator to require...

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4 cases
  • United States v. Shapiro
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 7 Febrero 1947
    ...D.C.W.D.Tenn., 62 F.Supp. 773, and Bowles v. Misle, D.C. Neb., 64 F.Supp. 835, are in accord with the views expressed here. In re Hoffman, D.C.D.C., 68 F.Supp. 53, is ...
  • Phelps v. United States
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 13 Junio 1947
    ...with the precise question involved here, and they reach opposite results. See United States v. Shapiro, 2d Cir., 159 F.2d 890; In re Hoffman, D.C., 68 F.Supp. 53. ...
  • United States v. Hoffman, 97
    • United States
    • U.S. Supreme Court
    • 21 Junio 1948
    ...Emergency Price Control Act, 50 U.S.C.A.Appendix, § 922(g), from prosecution for the transactions upon which the petition was founded. D.C., 68 F.Supp. 53. The Government brought this appeal, under the provisions of the Criminal Appeals Act,1 to review the decision of the District Court. Th......
  • Porter v. Wright
    • United States
    • U.S. District Court — District of Oregon
    • 6 Diciembre 1946
    ...better than they the poor job the private bar has done thus far in protecting ancient rights. 1 The complaint was amended. 2 In re Hoffman, D.C., 68 F.Supp. 53. From the Washington Post, Oct. 5, Dealers who submit their records under OPA subpena for examination cannot be prosecuted on the b......

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