shapiro argued october decided june rehearing denied shapiro bernard tomson new york city petitioner philip perlman sol washington respondent chief justice vinson delivered opinion petitioner tried charges made sales violation regulations emergency price control act plea bar claiming immunity prosecution based act overruled trial judge judgment conviction followed affirmed appeal contrary conclusion reached district judge hoffman conflict involves important question statutory construction cases brought heard together additional minor considerations involved hoffman case dealt separate opinion petitioner wholesaler fruit produce september served subpoena duces tecum ad testificandum issued price administrator authority emergency price control act subpoena directed petitioner appear disignated enforcement attorneys office price administration produce duplicate sales invoices sales books ledgers inventory records contracts ad records relating sale commodities september september compliance subpoena petitioner appeared sworn requested turn subpoenaed records petitoner counsel inquired whether petitioner granted immunity matters information obtained result investigation examination records presiding official stated entitld whatever immunity flows matter law production books records required kept pursuant petitioner thereupon produced records claimed constitutional privilege plea bar alleged name purchaser transactions involved information appeared subpoenaed sales invoices similar documents alleged office price administration used name unspecified leads obtained documents search evidence violations occurred preceding year circuit appeals ruled records petitioner compelled produce records required kept valid regulation price control act thereby became public documents constitutional privilege incrimination attaches accordingly immunity extend production records plea bar properly overruled trial observed outset decision instant case turns construction pulsory provision incorporates reference compulsory testimony act provision conjunction broad requirements included merely temporary wartime measure also substantially terms virtually major regulatory enactments federal government contended broader construction scope immunity provision approved circuit appeals consistent congressional aim conferring investigatory powers upon administrator secure prompt disclosure books records private enterprises subjected opa regulations support contention urged language legislative history act indicate nothing included purpose information nothing history throws light upon scope immunity afforded subsection agree contentions thr language statute legislative history viewed background settled judicial construction immunity provision indicate congress required records kept means enforcing statute intend frustrate use records enforcement action granting immunity bonus individuals compelled disclose required records administrator language discloses inspection requirements designed merely information assistance prescribing regulations orders statute also aid administration enforcement act regulations orders price schedules thereunder legislative history casts even stronger light meaning words used section july president message congress requested legislation conferring effective authority curb evasion bootlegging two days later price control bill introduced house representative steagall referred committee banking currency introduced reported committee november bill included broad investigatory licensing enforcement powers exercised administrator house representative wolcott november offered substitute series amendments one authorized administrator subpoena documents witnesses purpose obtaining information respect establishment price ceilings review price ceilings amendment adopted thereupon representative wolcott moved strike much broader far rigorous provisions bill authorized administrator making keeping records documents making reports require furnishing information oath affirmation otherwise deems necessary proper assist prescribing regulation order act administration enforcement act regulations orders thereunder amendment accepted house significant note senate committee banking currency began consideration bill december day congress declared existence state war country imperial government japan appearing senate committee wartime setting proponents original measure requested secured restoration enforcement powers house stricken asserted major aspect investigatory powers contained bill originally drafted enable administrator ferret violations enforce law violators pointed striking authority originally given administrator committee bill require maintenance records house substantially stripped investigatory enforcement powers investigatory power effective without right insist upon maintenance records simple device failing keep records pertinent transactions destroying falsifying records person may violate act impunity little fear detection especially true case legislation operates many diverse industries commodities industry trade practices methods operation house bill also deprives administrator power require reports make inspections copy documents deprivation administrator supervision operation act rendered difficult expeditious way checking compliance left without ready power discover violations forgotten statute administered emergency statute put teeth price control act imperative administrator investigatory powers strong clear well adapted objective emphasis placed restoration licensing provisions house deleted price control bill originally drafted general counsel opa contended licensing backbone enforcement price schedules regulations world war prototype price control act lever act contained authority president license distribution necessaries whenever deemed essential order carry effect purposes act pointed general licensing regulations prescribed lever act applicable licensees required making reports rule permitting inspection rule keeping records rule noted licensing employed connection fuel provisions act method obtaining information insuring universal compliance enforcing refunds overcharges payment penalty charges war charities censing middlemen readily discovered examination records licensee required submit congress restored licensing powers administrator price control bill enacted provided suspension action license person found violated provisions license price schedules requirements nonretail fruit dealers including petitioner present case licensed maximum price regulation difficult believe congress whose attention invited proponents price control act vital importance licensing recordkeeping inspection provisions aiding effetive enforcement lever act possibly intended proffer crime granting immunity custodians privileged records easy conceive congress intended private privilege attach records whose keeping authorized administrator require express supposition thereby inserting price control act since administrator use records readily discover violations check compliance prevent violations committed impunity conformance views bill passed congress empowered administrator require making keeping records persons subject statute compel legal process oral testimony witnesses production documents deemed necessary administration enforcement statute regulations also included immunity proviso subsection special attention seems paid debates although undoubtedly included statutes administrative provision intended fulfill purpose customarily fulfilled provision inescapable implications legislative history related concerning subsections appear congress intend scope statutory immunity broad confer bonus production information otherwise obtainable moreover presumption congress reenacting immunity provision act aware settled judicial construction statutory immunity adopting language used earlier act congress considered adopted also construction given language made part enactment judicial construction made doctrines enunciated spelling status records validly required law kept wilson inapplicability immunity provisions documents heike former case wilson president corporation required subpoena produce corporate books custody grand jury appeared grand jury refused deliver records ground contents tend incriminate claimed privilege fifth amendment review judgment committing contempt wilson based defense part theory protected constitutional privilege sworn witness government failure permit sworn deprive protection argument disposed simply ground corporate officer constitutional privilege corporate records possession even though contain entries made disclose crim justice hughes announcing opinion based decision reasoning recently cited approval davis physical custody incriminating documents protect custodian compulsory production question still remains respect nature documents capacity held may yet appear character subjects scrutiny demanded custodian voluntarily assumed duty overrides claim privilege principle applies public documents public offices also records required law kept order may suitable information transactions appropriate subjects governmental regulation enforcement restrictions validly established privilege exists private papers maintained illustrations documents meeting records test cited approval state decisions business records kept requirement law private individuals unincorporated enterprises public documents defendant required keep private uses benefit public public inspection records treated public cases concerned individuals druggists required statute keep record sales intoxicating liquors corporate rate businesses required price control act keep records embrace much greater number enterprises similarly regulated municipalities since conceded increased scope regulation wartime measure involved render act unconstitutional rquired records doctrine approved applied businessmen state cases appear equally applicable case bar heike case per holmes laid standard construction statutory immunity provisos clearly requires affirmance decision circuit obvious purpose statute make evidence available compulsory otherwise got see reason supposing act offered gratuity crime construed far words fairly allow construction coterminous otherwise privilege person concerned view clear rationale wilson taken together ruling heike statutory immunity provisos construed conclusion seems inevitable congress must intended immunity proviso price control act coterminous otherwise constitutional privilege petitioner case bar since assert valid privilege required records question entitled immunity statute thus viewed traditional rule statute creates presumption legislative adoption previous judicial construction may properly applied since heike regarded immunity statute construed identical policy scope immunity furnished compulsory testimony act reenacted incorporation price control act addition scrutiny precise wording latter statute indicates draftsmen section went pains ensure immunity provided construed courts limited construction adopted heike decision rendered somewhat difficult neither compulsory testimony act immunity proviso act made explicit reference constitutional privilege whose scope nonetheless held immunity coterminous section hand follows pattern set curities act et expressly refers privilege thus apparently seeking make doubly certain courts construe immunity granted broader privilege person shall excused complying requirements section privilege immunity provisions compulsory testimony act february shall apply respect individual specifically claims privilege comparison precise wording wording immunity provisions contained earlier readily suggests one function intended drafters performed additional phrases expressly referring underlining legislative intention requiring exchange constitutional privilege immunity intent previously thought discernable even less obvious terms used drafters earlier statutes thus immunity provisions compulsory testimony act relied upon two prerequisites set forth satisfied person seeking avail immunity actually excused absence section complying requirements constitutional privilege person specifically claim privilege obviously prerequisite fulfilled mere fact person specifically claims existent privilege intended congress entitle benefit immunity whether statute construed particular reference grammer historical genesis rational function petitioner deny actual existence genuine privilege absolute prerequisite attainment immunity corporate officer compelled subpoena produce requiredr ecords heike ruling assertion claim privilege connection records fact unavailing secure immunity claimant corporate officer conceding statute construed corporate officials concerned petitioner necessarily attributes congress paradoxical intention awarding immunity exchange claim privilege records claimant engaged business though business similarly subjected governmental price control required records wilson rationale similarly privileged implausibility interpretation congressional intent highlighted unquestioned fact congress provided price regulations enforcible unincorporated entrepreneurs well corporate industry also unquestionable congress ensure violations statute go unpunished required records kept relevant buying selling transactions individual corporate business subject statute aspects gressional intention conceded difficult comprehend congress assumed differentiated sub silentio purposes immunity proviso records required kept individuals records required kept corporations assumption carries incongruous result individuals forced produce records required kept administrator inspection use enforcing price regulations given bonus immunity engaged business thus rendering records enterprise virtually useless enforcement whereas individuals disclosing type required records engaged corporate enterprise given bonus effect say congress intended immunity proviso frustrate major aim statutory requirement record spection far applies business men far applies corporate officers contended construe immunity proviso devitalize render meaningless phrase requirements appears opening clause person shall excused complying requirements section privilege urged since includes among ments furnishing information oath making keeping records reports inspection copying records documents appearing testifying producing documents immunity provided must cover compliance one requirements short answer contention immunity provided cover compliance requirements person excused compliance privilege statutory grant immunity exchange privilege express language proviso well historical background readily suggests reasonable interpretation even oppose interpretation must concede congress intention removing excuse privilege privilege absent outset records whose production ordered concerning privilege asserted corporate records concession made surely logic well history requires similar reading proviso connection validly required records privilege similarly absent outset contention advanced interpretation valid must erred construction immunity proviso heike case act effect construing provides person shall excused attending testifying producing books papers tariffs contracts agreements documents interstate commerce commission reason testimony evidence documentary otherwise required may tend criminate subject penalty forfeiture person shall prosecuted account transaction concerning may testify produce evidence documentary otherwise thus immunity part statute extended documentary well oral testimony concerning might claim privilege included among documents might compelled produce records maintained common carriers compliance requirements interstate commerce hence obviously within definition public records set forth wilson heike decisions reasoning advanced interpretation proposed valid might equally well contended heike decision devitalized rendered meaningless phrase otherwise immunity section act actually neither interpretation applied heike decision expounded renders meaningless words immunity provision case immunity proviso set forth conjunction requirements case immunity provided concerns documents whose production might otherwise excused ground privilege documents referred writings whose keeping records required valid statute regulation course oral testimony individuals properly compelled exchange immunity return privilege heike case confronted contention immunity statute immediately passed imperious popular demand inside working trusts investigated people congress cared much secure necessary evidence willing guilty persons escape reward necessary end light express statements legislative history price control act enforcement role investigatory powers argument hardly tenable present case yet even heike case argument elements plausibility difficulty rejecting favor government contention statute limited nearly may boundaries consitutional privilege whih takes place final answer understanding immunity provision based full historical context suffice explain limited function contemplated congress incorporating provision statute provision enacted merely provide immunity sufficiently broad quate substitute constitutional privilege since previous statutory provision immunity found counselman hitchcock coextensive privilege thus rendering unconstitutional statutory requirements compulsory production privileged documents oral testimony suggestion advanced scope immunity intended congress ascertained reference judicial legislative history considered reference principle expounded federal trade commission american tobacco construing broad grant statutory authority avoid attributing congress intent defy fourth amendment even come near raise serious question constitutional law interesting congress enacting price control bill apparently intend rely upon principle american tobacco circumstances similar principle originally applied namely insure power inspection examination conflict prohibition unreasonable searches seizures contained fourth amendment senator brown chairman price control bill one managers part senate appointed confer house managers senate amendments expressly stated view conferees contained broad authorization administrator information deems necessary proper assist statutory duties intended solely empower administrator relevant data enable properly discharge functions preferably requiring furnishing information oath affirmation otherwise may determine intended provision act intended confer power inspection examination might conflict fourth amendment constitution see opinion justice holmes federal trade commission american tobacco abuse subpoena power obtain irrelevant data course expedition concerned case clear administrator sought obtain data irrelevant effective administration statute right access challenged ground evidence sought incompetent irrelevant lawful purpose administrator objection sustain refusal district issue subpoena writ compel inspection indication legislative history congress intended american tobacco principle construction govern immunity proviso subsection particularly since scope proviso well demarcated courts prior insignificant one rule construction past directly expressly applied immunity construed far words fairly allow construction coterminous otherwise privilege person enunciated justice holmes gave sign repudiating principle subsequent statements american tobacco case even evidence congressional intent contained legislative history less persuasive constitutional doubts serious appear us sould still unconvinced applicability american tobacco standard construction immunity proviso relation documentary evidence clearly undeniably relevant recording keeping administrator properly required advance construing statutory immunities circumstances must heed equally doctrine read statute assuming susceptible either two opposed interpretations manner effectuates rather frustrates major purpose legislative draftsmen canon avoidance constitutional doubts must like meaning rule give way application produce futile result unreasonable result variance policy legislation whole present case merl construction put forward petitioner frustrate congressional intent manifested legislative history also shuts illumination emanates key words phrases section considered context history compulsory testimony act construction placed upon similar provisos prior incorporation price control act remains consideration question whether serious doubts constitutionality raised price control act thus construed issue duly raised petitioner becomes relevant doubts said present immunity proviso interpreted set forth may assumed outset limits government constitutionally exceed requiring keeping records may inspected administrative agency may used prosecuting statutory violations committed serious misgiving bounds overstepped appear evoked sufficient relation activity sought regulated public concern government constitutionally regulate forbid basic activity concerned constitutionally require keeping particular records subject inspection administrator questioned congress constitutional authority prescribe commodity prices war emergency measure licensing keeping requirements price control act represent legitimate exercise power accordingly principle enunciated wilson case reaffirmed recently davis case clearly applicable namely privilege exists private papers maintained relation required law kept order may suitable information transactions appropriate subjects governmental regulation enforcement restrictions validly established even dissenting justices davis case conceded important difference constitutional protection afforded possessors papers exclusively private documents public aspects difference whose essence latter papers legally obtained available evidence case bar doubted sales record petitioner required keep licensee price control act aspects doubt obtained administrator use subpoena authorized specifically statute gally obtained hence evidence record involved case bar sales record required maintained appropriate regulation relevance lawful purpose administrator unquestioned transaction recorded one petitioner lawfully engage solely virtue license granted statute view taken case find unnecessary consider additional contention government event immunity attaches production books petitioner connection books evidence produced trial tenuous justify claim foregoing reasons judgment circuit appeals affirmed affirmed justice frankfurter dissenting day decides congress prescribes limited governmental purpose enforceable appropriate sanctions form records kept corporations private individuals everyday language private governmental business congress thereby takes records protection constitution search seizure decision constitutional issues times unavoidable case decides necessary makes drastic break past disregard settled principle constitional adjudication pass constitutional grave one involving basic civil construction violence english language permits avoidance statute clearly permits instead goes assumption immunity statute must equated privilege although recently attributed congress gratuitous grant immunity concededly constitution require circumstances far less persuasive statutory language policy underlying see monia instead respecting doubts constitutionality giving least allowable construction price control act legitimately avoids doubts goes outo way make pronouncement provision bill rights almost cursory fashion needlessly decides records congress may require individuals keep conduct affairs fall within regulatory power government become records thereby ipso facto fall outside protection fifth amendment person compelled criminal case witness reaching constitutional adjudication especially one moment statutory solution avoiding lay ready hand disregarded constantly professed principle proper approach toward congressional legislation validity act congress drawn question even serious doubt constitutionality raised cardinal principle first ascertain whether construction statute fairly possible question may avoided crowell benson quoted justice brandeis supporting citations ashwander tennessee valley authority note see generally duty avoid constitutional adjudication rescue army municipal et departure basic canon constitutional adjudication singularly uncalled case statute permits construction avoiding constitutional considerations fair reading requires conferring powers investigation upon administrator congress designed secure promptest closure books records millions private enterprises subjected regulations office price administration contradict vital aim attribute congress conflicting purpose hampering free flow knowledge contained businessmen books inviting controversies regarding still undetermined claims privilege fifth amendment absence expression propose made much manifest broad language conferred immunity purpose avoiding controversies poor answer say statute eventually found confer immunity extent required supplying equivalent constitutional privilege records turn unprivileged furnish immunity either case refute excuse withholding business men guided abstractions obedience freely given uncertain laws involve sensitive matters opening books business business men strong incentive hold back records forcing administrator compel production judicial process apart use opportunities obstructive tactics hardly circumvented new legislation tested delays inevitable litigation dam flow needed information congress sought produce information litigation see monia supra page page monia case considered statute interpreted government desires may well trap witness page page need speculate potential entrapment record discloses petitioner asked attorney whether granted immunity matters information obtained result investigation examination records half price administrator reply witness entitled whatever immunity flows matter law production books records required kept pursuant mprs maximum price regulations petitioner thereupon specifically claimed immunity statute well constitution stated conditions produced books records subpoena sought seems clear disclosure made records produced petitioner justifiable upon advice counsel acquiesced presiding thereby secured statutory immunity constitutional litigation nothing indicate congress legislated view litigating scope limitation fifth amendment upon powers ascertain congress meant well begin carefully attending congress said person shall excused complying requirements section privilege immunity provisions compulsory testimony act february edition title sec shall apply respect individual specifically claims privilege stat appendix text must put context merely one provision statute normally read relation fellows particularly congress explicitly linked subsection requirements section effective price control depended unimpeded access relevant information end authorized administrator impose section exacted duty compliance subsection subsection barred excuse compliance claim privilege assurance immunity prosecution subsections impose four requirements persons engaged vast range business subject act may required make keep records make reports permit inspection copying records documents persons well others may required testify appear produce documents designated place unconstrained reading subsection insured prompt compliance requirements removing excuse based privilege crimination administrator required petitioner make available examination office price administration records kind customarily kept mpr government contends records petitioner business kept required kept administrator compelled disclose contents even though may incriminated afforded immunity subsection disclosing really records surely devitalize phrase requirements section render meaningless supports devitalization answer immunity provided cover compliance requirements person excused compliance constitutional privilege short reply bearing mind conclusions scope constitutional privilege fourth requirement appears thus covered wish lay much stress singular interpretation plural plainly construes according immunity oral testimony oath production documents administrator foresight require kept thus construes words requirements section read testifying producing documents required kept pursuant section tion doubt mechanical process even scrupulously pursued judges may wholly escape retrospective infusion line interpretation substitution sometimes thin difference reading rewriting adhere text deletes reshapes literary freewheeling hardly justified assumption congress expressed given matter attentive consideration monia case concluded similar question present difficulty answering us add legislation congress pretermitted page page logic authority apart due regard limited function demonstrate wisdom respecting text reach immunity given spelled incorporated terms compulsory testimony act provide documentary evidence exacted may tend incriminate produces shall prosecuted subjected penalty forfeiture account transaction matter thing concerning may testify produce evidence documentary otherwise stat course nothing provision support finespun exegesis puts upon government admits much acknowledging literal language compulsory testimony act possibly may read support present claim immunity urges nothing legislative history requires broader immunity adjudication scope constitutional privilege exact language yiedls support government sophisticated reading adopted anything legislative history transmute clear import esoteric significance far bears upon problem legislative history act merely shows entirety included purpose information nothing history throws light upon scope immunity afforded subsection silence congress speaks loudly implications legislative history compelled extraordinary reading statute surely fact administrator authority require keeping records making reports stricken bill original passage house eventually reinserted reinserted merely indicates congress finally concluded obtaining information necessary effective price regulation reads meaning put upon provisions congress thus reinserted bill counsel opa appeared testified orally senate urging restoration licensing provisions secured permission file various briefs documents committee nothing general counsel oral testimony sheds light upon lem appear one exhibits filed correctly determined construction given provisions house rejected task determine best congress counsel sponsoring legislation however disinterestedly hoped congress mean counsel views orally expressed committee might given indication views even upon disclosure counsel views committee remained silent hardly furnished sufficient evidence transmute language congress actually employed express meaning meaning attribute congress familiarity let alone acceptance construction solely reason fact research reveals presence among memoranda chairman senate committee permitted general counsel opa le surely defy actualities legislative process slenderest ground assuming members committee read counsel submission relied upon reference contentions opa wholly apart brief report committee either house utterance floor either house fact matter house passed measure brief type smaller footnotes opinion appeared volume hearings prising pages part three volumes house senate hearings containing pages government submitting us legislative history immunity provision view sustaining claims pretend congress either aware brief accepted construction proffered suggestion members congressional committee read presumptively agreed views found memorandum allowed filed witness printed appendix form hearings bill let alone houses voting measure adopted views gloss upon language act otherwise bear made pickwickian sense hard believe even conscientious members congress care charged underwriting views merely expressed memorandum filed opa brief much reliance placed opinion language statute subjected esoteric interpretive process suggested use opa brief implies since common practice allow memoranda submitted committee congress interests public private often enough axes grind great encouragement given temptations administrative officials others provide congressional confirmation private views incorporation materials hitherto unsuspected opportunities assuring desired glosses upon legislation thus afforded agree government congress gave administrator broad powers obtaining information aid administration act immunity provision section inserted insure full exercise powers unhampered assertion privilege certainly follow congress thereby intended sub silentio effectuate broad purpose confining immunity accorded within undefined controversial scope fifth amendment one suppose congress secured object held monia case giving immunity taking away contentions based constitutional privilege plainly sufficed dispose present controversy holding congress granted immunity persons produced records records case possession custodians others even though required kept adapt language justice holmes words strained strained order reach doubtful constitutional question see blodgett holden come facile treatment grave constitutional question brought issue disposition statutory question interest clarity appropriate note basic constitutional question concerns scope oft fifth amendment validity price control act construed immunity afforded act scope constitutional privilege thus construed subsection course valid since hypothesis affords protection broad fifth amendment counselman hitchcock brown walker vice importance point warrants precisely necessitates interpretation constitution instead avoiding precedents mean anything course followed every future case involving question statutory immunity hardly finds problem disposing issue reaching implications involving drastic change relations individual government hitherto conceived treats problem though almost records required kept needs government kept particular form legally considered governmental records may demanded instruments may conceal solve serious constitutional problems broadly eralized conceptions constant source fallacy holmes lorenzo wirth mass fallacy traced rephrasing problem terms lawyers judges become accustomed ibid treating question though rephrased issue easy answer appears axiomatic familiar authoritative subtle nevertheless thus records required kept law public records public records required records records merely required kept law ipso facto become public records indeed living glass houses virtually every major public law say nothing state local provisions addition requirements network provisions filing reports exhaustive efforts needed track statutory authority let alone administrative regulations reporting requirements unquestionably enormous volume congress began history legislation chapter laws first session first act regulate time manner administering certain provision requiring maintenance records persons administering oaths state officials stat chapter act regulate collection duties imposed law tonnage ships vessels goods wares merchandise imported contained provision requiring importer produce original invoice make return concerning consigned goods collector port arrival stat every congress since added reporting requirements indeed plethora provisions led president roosevelt establish central statistical board induced enactment federal reports act stat et seq see generally report central statistical board doc sess centralization coordination federal report committee appropriations house representatives december cong rec april central statistical board reported end board reviewe advance dissemination questionnaries related forms plans proposed use federal agencies records past years show board received forms federal agencies number temporary interdepartmental committees see hearings house committee expenditure executive departments board basis comprehensive survey financial reports returns made federal agencies private individuals farms business concerns fiscal year ending june informed congress follows administrative nonadministrative reports returns board inquiry revealed total year collected accordance statutory provisions specifically authorizing directing collection reports types called approximately returns collected agencies connection performance functions specifically authorized statutes although statutes specify reports cases information sought obviously necessary carrying required functions nearly returns collected federal agencies report forms legal authority general indefinite permit clear definition remaining returns made variety types legal authorities including authorizations implied appropriations made specifically support collection reports less half returns made federal agencies forms mandatory law sense penalty prescribed case failure respondent file required report mandatory returns elaborate consequence percent total number answers report forms applications accordance mandatory requirements doc supra intend exposition cast doubt upon constitutionality reporting provisions emergency price control act general upon vast number similar statutory requirements provisions serve important often indispensable purposes today decision hardly fail hamper make execute laws securing information data necessary effective intelligent conduct government underlying assumption opinion records congress exercise constitutional powers may require individuals keep conduct affairs affairs also aspects public interest become records sense fall outside constitutional protection fifth amendment validity doctrine lies scope implications claim touches records may required kept eral regulatory laws revenue measures labor census legislation conduct business understanding feeling people still treat private enterprise even though relations public may call governmental regulation including duty keep designated records records controversy fact public sense publicly owned governmental records status follows see davis dissenting opinion one private right keep use contents records notion whenever congress requires individual keep particular form books dealing affairs records cease accused crime indeed startling public record pul ic record documents controversy records prosecution price control act similarly public sort legal action nothing either act construction qualify nature maintainable reason fifth amendment barrier utilization prosecution law barrier records matter fact required kept hence quite apart act see treas reg examination records individual engaged processing sale essential commodities disclose production example records utilized prosecutions violations priorities selective service legislation cf harris cf trupiano moreover government able enter man home examine seize public records without search warrant time individual keep records home millions instead place business home purposes technical sense library compare davis harris supra opinion mulligan see trupiano supra parade horribles man records deprive privilege publicness inheres many situations indeed records public see reason public right government peruse use public records public character kept public purposes immediately eyes community inaccuracies exist hardly escape exposure evanston gunn seem follow therefore public records persons engaged common understanding deemed private enterprise generally available examination barred plea enterprise thereby cease private congress guilty perhaps curious inconsistency provided act confidential treatment records seeming inconsistency generally applies information obtained government pursuant reporting requirements see doc supra pp stat et seq pp bureau census even supply department justice anybody else information hearings house committee expenditures executive departments fact matter records required kept law necessarily public except wordplaying sense determine whether records truly public records denudd essentially private significances take account custody subject matter use sought made part wisdom particularly judges victimized words records may public records regardless whether statute requires kept kept discharge public duty either public officer persons acting direction evanston gunn supra chapter first statute passed congress supra example act requiring public record kept records become public records however merely required kept law private records circumstances continue private records chapter acts first congress supra example private record required kept law foundation assumption records required kept law public privileged reliance placed language wilson holding case real bearing problem wilson president corporation answer subpena produce refused surrender corporation books records ground contents tend incriminate appealed judgment committing contempt case disposed ground books corporation private personal books custody incriminating documents protect custodian compulsory production therefore custodian privilege refuse production although contents tend criminate pages pages concluded follows question whether corporation books lawfully required administration justice appellant became president corporation held used books transaction business committed charge times subject direction books continuously remained control another took place custody yield assert personal right retain corporate books demand government corporation bound recognize overlooked early english decisions attention called deemed controlling corporate duty relation appellant officer corporation discharge determined laws nothing demanded appellant perform obligations pertaining custody produce books holds official capacity accordance requirements subpoena none personal papers subject inspection writ action refusing permit examination corporate books demanded fully warranted commitment contempt pages page wilson case correctly decided holding boiled proposition gives sanction bold proposition congress legislate private papers hands owner hands custodian protection afforded fifth amendment even language wilson opinion direction observation taken context seem scant justification resolving needlessly grave question constitutional law involving personal security privileges immunities citizen boyd conclusion reached today records required kept law public records lean wilson opinion language relied upon principal custodian privilege documents custody applies public documents public offices also records required law kept order may suitable information transactions appropriate subjects governmental regulation enforcement restrictions validly established privilege exists private papers maintained page page justice hughes writer wilson opinion went note abundant illustrations decisions principle custodian privilege documents custody one privilege public official records private papers resorted illustrations concerning custodians dissenting opinion justice mckenna accepting premise public records privileged quarreled holding absence custodian privilege concerning records follows privilege guaranty personal liberty qualified construction distinction based ownership books demanded evidence immaterial distinction regarded except case public records exhibited review authorities page page illustrations utilized justice hughes meet challenge raised dissent stand proposition custodian privilege public documents records privileged notion private records required kept law records analyzing eleven precedents illustrations thus employed worthy note illustrations derived government brief significant brief solicitor general frederick lehmann learning contained reference required records doctrine contrary government cited cases support argument immunity granted constitution purely personal decisions bradshaw murphy held vestry clerk called witness ground might incriminate object production vestry books kept statute geo iii chap page page instance records required kept public officer england parish vestry clerk clearly clerk privilege records since merely custodian public officer state farnum held dispenser state dispensary disclose legislative committee official books state institution south carolina law dispenser officer state books true public records custodian state donovan held register sales intoxicating liquor kept druggist pursuant statute providing record open inspection public reasonable times business hours person desiring may take memoranda copies thereof public record state construed statute make druggist public officer cuso dian register state quoted authority effect register property state citizen sense private memorandum page page infer opinion case books records petitioner customarily kept property government open inspection public reasonable times business hours person may take memoranda copies thereof ibid cf evanston gunn supra state davis mo held druggist privilege prescriptions filled sales intoxicating liquor prescriptions kept law constituted records pure wilson sense prescriptions belonged physicians patients druggist merely custodian mo page page state davis case virtually identical state davis mo people combs held coroner privilege official inquest records required filed county clerk contention private records false found office papers public office custody clerk paid city face public records intended used page page louisville commonwealth held railroad corporation privilege tariff sheet tariff sheet law publicly posted station fact posted page petitioner railroad corporation records posted state smith iowa held pharmacist privilege monthly reports liquor sales made county auditor pursuant statutory reporting requirement reports auditor office records office open inspection may used evidence cases parties competent establish fact issue judicial determination iowa pages page petitioner records possession open public inspection state cummins iowa state smith supra people henwood liquor sales reporting requirement held valid langdon people held seizure pursuant search warrant official state documents unlawfully appellant possession constituted reasonable private papers page page summary authorities cited illustrations principle recognized applied wilson case obvious neither stand proposition fact private records required kept statute makes public records operation law justice hughes misconstrue reaching decision wilson case doubt point illustrations wilson case surely safely permit doubt resolved wilson opinion reviewing illustrative cases justice hughes observed fundamental ground decision class cases virtue character rules law applc able books papers held subject examination demanding authority custodian privilege refuse production although contents tend criminate assuming custody accepted incident obligation permit inspection pages page evidently dictum wilson case authorities therein cited need bolstered use put case told state decisions subsequent wilson case similarly treat records required statute kept five instances cited paladini superior cal held statutory procedure whereby state market director compel production sales records licensed fish dealers valid hold records disposed contention statute violated constitutional privilege ground proceeding state market director criminal nature order compelling petitioners produce books state market director violation constitutional provision prohibits officer requiring defendant criminal case furnish evidence page page dispose contention statute violated fourth amendment constitution ground records private records public records since conceded fish belonged state contain record purchase sale property state qualified conditional interest therein ibid suggestion case petitioner records public records fruit vegetables property government louis baskowitz mo municipal ordinance requiring junk dealers keep books registry recording purchases providing books open inspection examination police citizen upheld contention violated state constitutional provision unreasonable searches seizures private purposes case disposed interpretation words citizen limited meaning whose property stolen mo page page records kept statute true occasion go question whether records state legora statute requiring junk dealers keep record purchases upheld record times open inspection person may desire see page page course record evanston gunn supra cf louis baskowitz supra state stein statute requiring licensed dealers raw furs keep records sales purchases upheld records public records reason records involved paladini case public state owner trust people wild animals page page financial aid corporation wallace ind statute requiring licensed small loan concerns keep records providing inspection state department financial institutions upheld occasion nt go question whether records either appears therefore authorities give support broad proposition records required kept law public records hence private records thus become critical legally significant sense merely records industry business regulated law fact government either may make made license prerequisite business make public ordinary use term congress may time war perhaps circumstances economic crisis provide licensing every individual business surely licensing requirements remove records man private business protection afforded fifth amendment even exercise war power subject fifth amendment see hamilton kentucky distilleries licensing private motor vehicles make public carriers licensing man private business tax purposes system least supposed make public officer different considerations control business enterprise public clearly records business licensed sell property public records paladini superior supra state stein supra records public utility apart considerations relevant corporate enterprise may similarly teated public records louisville commonwealth supra financial aid corporation wallace supra extended records malum se closely allied thereto endanger public health morals safety louis baskowitz supra mo page page state legora supra state donovan supra state smith supra subject matter petitioner business render public surely nothing inherently dangerous immoral unhealthy sale fruits vegetables anything possession control records cast cloud title records customarily kept find nothing act construction act made public officer administered administering legitimate sense word records see nothing frivolous distinction records entrepreneur corporation contrary distinction decisive wilson holding corporate form business activity chartered privileges raises distinction authority government demands examination books page page quoted length hale henkel opinion clear distinction particular individual corporation latter right refuse submit books papers examination suit state individual may stand upon constitutional rights citizen entitled carry private business way power contract unlimited owes duty state neighbors divulge business open doors investigation far may tend criminate upon hand corporation creature state presumed incorporated benefit public receives certain special privileges franchises page page distinction corporate individual enterprise one deepest constitutional law shapers public policy phrase kept law magic phrase legislature opens door inroads upon fifth amendment statutory provisions similar act requiring keeping records making available official inspection constitutional means effective administration enforcement follows charged responsibility administration enforcement may compel disclosure records conformity fourth amendment see boyd supra pages page follow disclosures beyond scope protection afforded fifth amendment compulsory disclosure man books papers convict crime forfeit property contrary principles free government abhorrent instincts englishman abhorrent instincts american may suit purposes despotic power abide pure atmosphere political liberty personal freedom page page boyd case fully cognizant sense significance phrase required law kept inspection pages page surely result decision opinion speaks loudly claim merely virtue provision constitutional privilege becomes inoperative document controversy boyd case historically matter fact much record books records petitioner tomarily kept position today correct boyd case erroneously decided disregarding spirit decision opinion disregards clarion call boyd case obsta principiis easy enough see petty case may consider rule law today announced fraught unexplored significance great problem reconciling individual freedom governmental strength boyd opinion admonishes lulled may obnoxious thing mildest least repulsive form illegitimate unconstitutional practices get first footing way namely silent approaches slight deviations legal modes procedure obviated adhering rule constitutional provisions security person property liberally construed close literal construction deprives half efficacy leads gradual depreciation right consisted sound substance page page violators detected tried convicted cost needlessly bringing question constitutional rights privileges law enforcement officers may find duties arduous crime detection difficult society becomes complicated constitutional safeguards individual designed administration criminal justice conclude misconstrued fifth amendment narrowing range scope protection intended afford privilege broad mischief seeks guard counselman hitchcock supra page page congress easy device requiring man keep private papers customarily kept render papers nonprivileged little left either right privacy constitutional privilege even authority temerarious pronouncement today opinion insist authority illfounded followed authority opinion gain strength beyond persuasiveness opinion enhanced endeavor majority needlessly reaching constitutional issue rest ominous inroads upon fifth amendment wisdom determination blind reliance uponn authority justice jackson justice murphy agrees dissenting protection compulsory guaranteed fifth amendment nullified whatever extent holds congress may require citizen keep account deeds misdeeds turn exhibit record demand government inspectors use convict today decision introduces principle considerable moment course strips protection business men records often remind tendency principle approved expand practice limits logic already expanded cover vast area apparent citation federal statutes present parallels situation review doubt simplify enforcement criminal laws citizen required keep diary show times decision today applying rule merely records specially required act also records kept invites facilitates eventuality practice approved today obviously narrows protections fifth amendment attribute congress purpose intent unless used language mandatory unmistakable left alternative certainly base inference history dubious meaning exists case congress give language plain usual meaning guarded immunity scrupulously raise constitutional question congress overstepped hesitation holding government must lose cases rather people lose immunities compulsory however case plain language congress requires choice require view judgment reversed justice rutledge dissenting reservations noted agree views expressed justice jackson justice frankfurter conclusions concerning effect immunity provision emergency price control act accept construction section reduces statutory immunity scope afforded fifth amendment prohibition compulsory previously decided ment present decision reconciled language statute purpose obvious face wording compels testimony production evidence documentary otherwise regardless claim constitutional immunity whether valid avoid constitutional prohibition seem clearly also delay securing information evidence required act promises immunity account transaction matter thing concerning may testify produce evidence obedience subpoena statute thus consists command promise explicit terms promise made coextensive command expressly precludes prosecution forfeiture penalty account transaction matter thing concerning evidence produced compliance subpoena compelling testimony giving immunity account transaction matter thing concerning may testify different compelling promising given person complying immunity given fifth amendment constrict statute wording drastically simply interpret rewrite congressional language view purpose congress intended narrow protection easily said without adding words lead witnesses others believe given may however notwithstanding breadth promissory terms statutory immunity intended broad cover situations claim constitutional right precluded frivolous insubstantial put forward good faith reason literal breadth wording may somewhat cut restricting statute immunity excluding situations neither restrict effect statutory words amendment give misleading connotation cont ruction construction departing widely either statute terms obvious purpose give immunity broader amendment well within bounds statutory interpretation hand reduction statutory wording equivalence effect constitutional immunity nearly quite makes wording redundant meaningless event goes far rewriting statutory language amount invasion legislative function whether one two broader views statute effect accepted therefore neither necessary think reasonable consistent statutory wording object function strictly judicial body go far reconstructing congress done think results reducing statutory immunity equivalence constitutional one since contended full compliance subpoena case compliance excessive presently material portions evidence information produced chaim constitutional immunity precluded frivolous insubstantial made good faith think judgment reversed applying statutory immunity whether one two forms may applied view relieved necessity reaching constitutional issue resulting construction express opinion upon except say substantial doubt validity conclusion indicate reasons none congress may require keeping production specified records appropriate limitations connection business matters entitled regulate true corporate records wilson also individual business records appropriate specification limitations numerous instances cited justice frankfurter opinion illustrate seriously doubt consistently fourth amendment well prohibition fifth compulsory incrimination congress enact general law requiring persons individual corporate engaged business subject congressional regulation produce either evidence administrative agency official examination records without limitation kept connection business command approach closely effect kind general warrant fourth amendment outlawed even obviously true difference case congress delegate administrative executive official power impose broad prohibition authority conferred upon administrator emergency price control act reference requiring production records closely approaches command congress neither specifies records kept produced upon administrator demand limits power designate restriction may require deems necessary proper assist carrying functions investigation prescribing regulations well administration enforcement act authority specify records keeping production carried administrator limitation imposed records kept restriction little less broad one concerning indicated doubt ngress enact consistently fourth amendment authorization therefore one raises serious question whether reason failure make definite specification records kept produced legislation regulations involved exceed prohibition fourth amendment general warrants unreasonable searches seizures difference course often large one situations evidence searched seized without warrant others required produced judicial safeguards understand latter situation production required warrant amounts general one fourth amendment stands barrier judicial legislative well executive administrative excesses respect although seriously question whether sum statute construed pertinent regulations execution case go beyond constitutional limitations breadth inquiry express conclusive opinion concerning since statutory immunity applies sufficient require reversal petitioner conviction footnotes stat amended supp et seq et seq person shall excused complying requirements section privilege immunity provisions compulsory testimony act february edition title sec shall apply respect individual specifically claims privilege compulsory testimony act provides person shall excused attending testifying producing books papers tariffs contracts agreements documents interstate commerce commission obedience subpoena commission ground reason testimony evidence documentary otherwise required may tend criminate subject penalty forfeiture person shall prosecuted subjected penalty forfeiture account transaction matter thing concerning may testify produce evidence documentary otherwise said commission obedience subpoena section maximum price regulation provides every person subject regulation shall long emergency price control act amended remains effect preserve examination office price administration records including invoices sales tickets cash receipts written evidences sale delivery relate prices charged pursuant provisions regulation every person subject regulation shall keep make available examination office price administration long emergency price control act amended remains effect records kind customarily kept relating prices charges fresh fruits vegetables effective date regulation addition precisely possible basis upon determined maximum prices commodities statutes include provisions applicable records well corporate business enterprises listed shipping act packers stockyards act commodity exchange act perishable agricultural commodities act communications act securities exchange act federal alcohol administration act federal power industrial alcohol act motor carrier act national labor relations act social security act däf merchant marine act bituminous coal act ed terminated provided civil aeronautics act fair labor standards act natural gas act railroad unemployment insurance act aäc water carriers act freight forwarders act addition price control act major regulatory statutes enacted response recent wartime exigencies also contain provisions second war powers act supp subsec subsec stabilization act supp war defense contract acts supp war labor disputes act supp recent regulatory statutes whose construction may also affected determined ruling present case include atomic energy act supp labor management relations act subsecs june italics added quotations appear unless otherwise noted existing authority prices indirect circumscribed operates measures appropriate applicable circumstances weakened purport recognize need price stabilization yet challenge existence effective power cases moreover evasion bootlegging cases office price administration civilian supply openly defied prospect inflationary price advances legislative action longer prudently postponed national safety demands take steps extend clarify strengthen authority government act interest general welfare sess see precise wording numbered full text enacted follows administrator authorized make studies investigations conduct hearings obtain tion deems necessary proper assist prescribing regulation order act administration enforcement act regulations orders price schedules thereunder administrator authorized regulation order require person engaged business dealing commodity rents offers rent acts broker agent rental housing accommodations furnish information oath affirmation otherwise make keep records documents make reports may require person permit inspection copying records documents inspection inventories inspection housing accommodations administrator may administer oaths affirmations may whenever necessary subpena require person appear testify appear produce documents designated place purpose obtaining information subsection administrator may subpena require person appear stify appear produce documents designated place production person documents place place business shall required section case prior return date specified subpena issued respect thereto person either furnished administrator copy documents certified person oath true correct copy entered stipulation administrator information contained documents case contumacy refusal obey subpena served upon person referred subsection district district person found resides transacts business upon application administrator shall jurisdiction issue order requiring person appear give testimony appear produce documents failure obey order may punished contempt thereof provisions subsection shall also apply person referred subsection shall addition provisions section witnesses subpenaed section shall paid fees mileage paid witnesses district courts person shall excused complying requirements section privilege immunity provisions compulsory testimony act february edition title sec shall apply respect individual specifically claims privilege disclose information obtained lish disclose information obtained act administrator deems confidential reference request confidential treatment made person furnishing information unless determines withholding thereof contrary interest national defense security person subpenaed section shall right make record testimony represented counsel stat amended stabilization extension act stat supp see also id id pointed senate committee amending house bill committee sought strengthen bill actually war might sufi ced authority granted proved inadequate additional powers might sought might time swiftly moving pace war evidences inflation already apparent leaves little time luxury experiment need price stability urgent sess hearings senate committee banking currency sess reference contained brief filed committee general counsel office price administration id apparently conceded written statement presented senate committee general counsel opa hearings sets forth construction sustains affirming judgment circuit appeals second circuit case may accord construction expounded course hearings least weight past given contemporaneous interpretation administrative agency affected statute especially appears agency actively sponsored particular provisions interprets may treat contemporaneous expressions opinion relevant material evidence probable general understanding times opinions men probably active drafting statute entitled serious consideration white winchester club see also american trucking hassett welch hearings supra note see also id oral testimony sess section stat act although lever act making unlawful person charge unreasonable rate charge handling deai ng necessaries held unconstitutional lack ascertainable standard guilt cohen grocery validity licensing provisions challenged hearings supra note see also id id report senate committee following hearings recognized key importance licensing provisions effective enforcement statute noting licensing power given food administrator lever act extensively effectively used report specifically referred also experience fuel administration first lacked power license discovered need power acquiring secured effective enforcement results report concluded many sellers retailing example impossible determine subject control much less enforce price regulations without licensing facts industry fully aware licensing provides simple direct control violators sess speaking critically conference report representative gifford manager part house refused sign report statement managers described licensing practice canada parallel licensing proposed amended bill called attention house canadian statement policy restrictions designed curtail business operations way placing every person way handles commodities named order license board machinery make speedy checks available stocks police effectively order may instituted gifford quoted statement compiled brief licensing methods appears together data referred gifford section lisensing methods brief presented senate hearings general counsel opa cited supra note hearings supra note asking unanimous consent committee file report next day senator barkley majority leader member committee stated floor senate january held senate committee december print week two senate vote approving house bill amended taken january two weeks hearings appeared printed form house agreed conference report january id senate accepted conference report january id bill approved signed president january id also interest note statement contained senate report bill subcommittee appointed immediately conclusion december hearings revised strengthened house bill light hearings onslanght war sess assume record senate committee proceedings merits prs umption regularity record county criminal cf foster illinois see joint hearings fair labor standards act sess hecht malley see also missouri ross sessions romadka see digest brief appellant wilson wilson holmes heike emphasized decision wilson went absence constitutional privilege upon ground statutory immunity case wilson supra note page page later decision involving alleged ability corporate officers assert constitutional privilege relation records required kept regulatory statute hughes speaking spelled implications wilson case records doctrine transactions required reports relate corporate transactions subject regulating power congress regard keeping suitable records corporate administration making reports corporate action ordered commission authority congress officers corporation virtue assumption duties bound corporate obligation claim personal privilege hostility requirement baltimore thus significant element determining absence constitutional privilege fact records question validly required kept enable commission perform duty enforce law id page page fact individuals claiming privilege corporate officers sin ificant business transactions subject interstate commerce act records required kept corporate corporate officers bound obligation imposed statute upon corporation keep record words deemed custodians records interstate commerce commission merely corporation transactions regulated records required concerned unincorporated business justice hughes rationale sustaining absence constitutional privilege still apply undiminished force decision cited approval darby support holding constitutional congress means enforcing valid regulations imposed standards act et require employer keep records wages hours employees see note infra state decisions subsequent wilson case similarly treat records required statute kept individuals licensed fish dealers paladini superior cal junk dealers regulated municipal ordinance louis baskowitz mo statute state legora cf rosenthal new york dealers raw furs state stein licensed money lenders financial aid wallace ind heike supra note page page see analysis earlier provisos wigmore evidence brief submitted government heike digest appears page page whether stronger wording price control act recent enactments deemed indicate legislative purpose majority monia ruled connection procedural point involved present caseäor deemed nothing careful rephrasing conventional statutory provision dissenters monia supra page page believed stringent phrasing price control act proviso must either view regarded strengthening applicability rule construction heike case precise holding monia witness investigatory body need claim privilege prerequisite earning immunity statute offered immunity without reference need making claim majority considered heike decision inapplicable monia relevant terms immunity proviso involved latter case plain sharply contrast wording enactments including price control act expressly require assertion claim congress intended statute require witness assert claim emphasized construe congressional intention otherwise circumstances might well result entrapment witnesses testimony concededly privileged perceive distinguishing factors case bar accordingly consider heike rationale fully applicable see judge delehant discussion bowles misle character records kept entrepreneur subject business governmental regulation regulating authority may intercepted altogether door regulated business quest information touching observance law applicable regulations ministry must fruitless effective realistically viewed administrator examination may made bargain absolves proprietor business sanctions whether civil criminal law provided violations regulations therefore law examination may disclose compare dictum mulligan records required kept unincorporated businessman lever act privileged information contained therein available use criminal prosecutions like price control act lever act contained compulsory testimony immunity provision stat memorandum filed senate committee cited supra note specifically referred opinion mulligan case extreme unlikelihood distinctiion expressly stated anywhere act nevertheless intended congress becomes even apparent light express provision statute making unlawful person subject act whether corporate unincorporated business enterprise fail comply requirements makin unlawful person make statement entry false material respect document report required kept filed even absence judicial background highlighted rationale wilson heike decisions difficult imagine records properly required kept government government use administration regulatory statute penalties fines imprisonment applicable person subject statute fails keep records falsifies entries still regarded congress public private records concerning recorder may assert privilege incrimaination phrase requirements appears also immunity provision atomic energy act price control act requirements referred absence section excusable privilegeäe compelled oral testimonyäwhile requirements including compulsory production records kept pursuant statute wilson doctrine privileged hence status sales record involved present case compare also phraseology used statutes war defense contract acts supp freight forwarders act compare paraphrase contained committee reports although person excused complying requirement subsection privilege incrimination immunity provisions compulsory testimony act february made applicable respect individual specifically claims privilege sess sess italics added elsewhere unless otherwise noted section interstate commerce act stat required every common carrier subject provisions statute file commission copies schedules tariffs rates fares charges contracts agreements carriers suggested presence statutory provisions confidential treatment certain limited respects information obtained administrator inconsistent views opinion find inconsistency presence provisions specify types confidential safeguards intended affords protection persons required disclose information administrator making unlawful officer employee government adviser consultant administrator official capacity disclose use personal benefit information obtained bill provision confidential treatment information found section canged conference section gives protection persons furnishing information administrator bill directing administrator upon request party furnishing information deems information confidential disclose information unless deems public interest requires disclosure sess substantially sort confidential treatment provided hepburn act stat amending interstate commerce act examiner divulges fact information may come knowledge course examination except far may directed commission judge thereof shall subject upon conviction competent jurisdiction fine imprisonment term exceeding two years numberous statutes incorporated almost identically worded provisions see motor carrier act statutes congress validly distinguishes required records private papers respect availability required documents evidence criminal proceedings enforce statute whose effectuation kept nothing logic historical practice requires congress time treat records publid sense open times scrutiny merely curious see colemen congress expressly foreclosed result emergency price control act opinion neither requires permits heike supra note page page id page appear persuasive brief government case prepared assistance eminent counsel called forth holmesian echo see heike supra note page page brown walker hale henkel see also statement made house representative wise committee interstate foreign commerce presenting bill became basis compulsory testimony act whole scope effect act simply meet decision rendered recently case known councilman sic case endicott johnson perkins heike supra note page page american trucking see also missouri pacific boone restrictive interpretation given statute merely congress chosen depart custom giving effect express language employed congress might require face constitutional question sullivan cf yakus davis see also darby congress may require production interstate commerce conform conditions wages hours may require employer means enforcing valid law keep record showing whether fact complied requirement records even intrastate transaction appropriate means legitimate end arrow distilleries alexander di santo cf rodgers boyd held unconstitutional repugnant fourth fifth amendments revenue statute required defendant claimant motion government attorney produce private books invoices papers else allegations government taken confessed document thes tatute applied case invoice government well defendant treated throughout trial appellate proceedings private business record government defended constitutionality statute thus applied ground action claimants merely civil action rem forefeiture merchandise action claimants voluntarily intervened argued forfeiture action private books papers produced compulsion higher sanctity property since provision fifth amendment person compelled criminal case witness applies criminal proceedings personam rejecting government contention opinion majority proceeded mainly upon complex interpretation fourth amendment taken intertwined purpose historical origins fifth amendment view compulsory production private books papers owner goods sought forfeited suit suit penalty forfeiture compelling witness within meaning fifth amendment constitution equivalent search seizureäand unreasonable search seizureäwithin meaning fourth amendment pages page see also page et seq page words majority opinion construed prohibition fourth amendment applying foregoing circumstances returnable writ seizure describing specific documents possession specific person wigmore evidence see hale henkel holding view fourth amendment majority nevertheless carefully distinguished search seizure effected statute seizure congress provided revenue acts required manufacturers keep certain records subject inspection see act july stat regulating distillers rectifiers supervision authorized exercised officers revenue manufacture custody excisable articles entries thereof books required law kept inspection necessarily excepted category unreasonable searches seizures examined care manifest total unlikeness official acts proceedings consideration pages page davis supra note page page ibid see dissenting opinion davis supra note page note page see also amato porter coleman see also rationale set forth wigmore evidence section cited approval opinion davis supra note page page state requires books kept require officer commit crime course committing crime makes entries criminality entries exists choice election compulsion law state announced requirement keep books long crime entry made reason command compulsion directed class entries general specific act duty compulsion disclose books existed generically prior specific act hence compulsion directed criminal act independent attributed reasoning applies records required law kept citizen public official druggist report liquor sales pawnbroker record pledges difference duty arises person general official status specific statute limited particular class acts duty compulsion directed generic class acts criminal act anterior independent crime crime due party election made subsequent origin duty italics original decision made either way without contradicting express words act possibly even clear implication holmes hooper bradford mass entire emergency price control act amended follows administrator authorized make studies investigations conduct hearings obtain information deems necessary proper assist prescribing regulation order act administration enforcement act regulations orders price schedules thereunder administrator authorized regulation order require person engaged business dealing commodity rents offers rent acts broker agent rental housing accommodations furnish information oath affirmation otherwise make keep records documents make reports may require person permit inspection copying records documents inspection inventories inspection housing accommodations administrator may administer oaths affirmations may whenever necessary subpena required person appear testify appear produce documents designated place purpose obtaining information subsection administrator may subpena require person appear testify appear produce documents designated place production person documents place place business shall required section case prior return date specified subpena issued respect thereto person either furnished administrator copy documents certified person oath true correct copy entered stipulation administrator information contained documents case contumacy refusal obey subpena served upon person referred subsection district district person found resides trana cts business upon application administrator shall jurisdiction issue order requiring person appear give testimony appear produce documents failure obey order may punished contempt thereof provisions subsection shall also apply person referred subsection shall addition provisions section witnesses subpenaed section shall paid fees mileage paid witnesses district courts person shall excused complying requirements section privilege immunity provisions compulsory testimony act february edition title sec shall apply respect individual specifically claims privilege administrator shall publish disclose information obtained act administrator deems confidential reference request confidential treatment made person furnishing information unless determines withholding thereof contrary interest national defense security person subpenaed section shall right make record testimony represented counsel stat amended stabilization extension act stat supp appendix technically additional fifth requirementäto furnish information oath affirmation requirement really covered four administrator required petitioner keep kind customarily kept maximum price regulation practical matter therefore statute construed provides immunity compelled oral testimony cf carroll looking glass question said alice make words mean many different things question said humpty dumpty masterä see introduced august house representatives referred committee banking currency reported committee november conclusion hearings committee directed chairman introduce new bill representing old bill amended committee executive session see supra id wolcott amendment strike previous amendment bill rendered section information redundant id wolcott amendment adopted house passed house amended reinstating purpose information see finally conference report accompanying pp agreeing indeed reference immunity provision legislative documents see supra consists merely practically verbatim repetitions provision house originally struck entire previously adopted amendment made section previously adopted amendment inserted simply provided administrator board administrative review member commissioner thereof may administer oaths affirmations may require subpena otherwise attendance testimony witnesses production documents designated place person shall excused complying requirements section privilege immunity provisions compulsory testimony act february title sec shall apply respect individual specifically claims privilege id passed house bill authorized administrator require production records issue question records petitioner clearly accorded immunity herein claimed house managers yielded requirements reinstatement entire mention report provisions subsection let alone indication difference intended scope immunity accorded two bills hearings senate committee banking currency pp id see supra every reference opinion et seq hearings general counsel briefäan exhibitä oral testimony dispute either hearings including brief exhibit thereto printed available senate passed bill possibility curious senator representative might read fine print mean merely suggest view times typography length text chances remote view importance issue indeed hazardous matter attribute positive congressional meaning improbable source may presumed senate subcommittee revised house bill light hearings means heard heardä mean read everything might read enough attribute diligent committeeman familiarity transcribed oral testimony volume bill cf id barkley chairman none us read hearings houseäor maybe us id taft read house hearings ashamed say january representative gifford stated floor house licensing business loyalty crack sooner genuine kind last world war loyalty cooperation licensing yes food products fuel little anything else licensee punished slap wrist contribute red cross forgiven compiled brief licensing methods go length hour necessary properly discuss recite experiences nations canada et read statement policy restrictions designed curtail business operations way placing every person way handles commodities named order license board machinery make speedy checks available stocks police effectively order may instituted trace knowledge opa brief congressional reader assuming statement representative gifford opposed adoption provisions bill reader attribute congress knowledge exhibit committee hearing attenuated process inferential reasoning discredit whole paraphernalia legislative history congress care charged knowledge extraneous matter either house granted leave print record apparent rules joint committee printing providing shall published appendix point type see moreover little basis concluding gifford brief opa briefädifferent briefs frequently quote authority contrary opa brief hardly presented argument loyalty crack sooner genuine kind contain material demonstrating either narrow scope weaknesses world war licensing putting word italics little solve problem statutory constructionäfor enforcement means enforcement word hardly enervated extension immunity person compelled disclose books records information thus obtained might well assist administrator enforcement act suppliers buyers competitors owner records suppliers records course disclose compliance maximum price regulations buyers many regulations established maximum price basis information obtained essential proof violation competitors many regulations established maximum price new sellers basis closest competitors information obtained might well essential enforcement act needless say constitutionality fifth amendment raised text see note supra originally introduced see note supra left administrator determine whether information obtained deemed confidential bill changed house committee final form whereby person furnishing information request confidential treatment give persons protection meant addition statutory immunity afforded ibid see summary argument page page lehmann brief deserves reading see note supra boyds contracted supply plate glass government price basis contended fulfilled contract stock hand previously secured free entry cases plate glass claimed shipment replaced part glass furnished government government asserted shipment contained amount glass furnished boyds secured free permit entry second shipment cases plate glass delivery goods seized free permit revoked proceedings forfeiture cases government pursuant statutory procedure held unconstitutional sought secured production boyds invoice covering first shipment cases invoice required kept statute act july required importer make official entry collector port arrival produce original invoice collector stat amended act august stat amended act march stat invoice must signed collector see form oath required accompany invoice amended act april stat amended act march stat entry without invoice unless importer gives bond secure production invoice within stated period invoice certified collector official seal conclusive evidence value imported goods amended act august stat collector authorized examine importer require production invoices amended act march stat requiredi nvoices triplicate indorsed prior shipment country consular officer deliver person producing one said triplicates used making entry said goods wares merchandise shall file another office carefully preserved shall soon practicable transmit remaining one collector port shall declared intention make entry said goods wares merchandise penalty wilful destruction concealment invoices district judge appears satisfaction fraud revenue committed attempted shall authorize collector seize invoices amended act june stat invoice must made weights measures country importation made amended act july stat seizure invoices amended act march stat seizure invoices amended act june stat invoicesäheld unconstitutional boyd case administrative requirements form contents filing keeping invoices effect time entry involved boyd case see general regulations customs navigation laws arts see also elmes customs vii stat amended et et incorporating provisions compulsory testimony act stat quoted opinion note neither heike wilson principally relied upon approached ruling wilson case dealt corporate records claim corporate officer custody constitutional immunity required produce none required law kept sense federal law required kept produced regulatory purposes ruling corporate officer personal immunity producing corporate records course corporation immunity fifth amendment guaranty decision pertinent presently tendered problem heike decision equally apropos exact ruling evidence production claimed right immunity constitutional well statutory arose concern matter present charge general subject former investigation wholly different specific things testified connection facts proof much closer dealings sugar company actual ruling therefore apart fact corporate officer claimed immunity large part producing corporate records see pages page petitioner brought within scope statutory authorization namely matter thing concerning testified substantial connection matters involved prosecution decision authority nothing immunity attach constitutional claim precluded said bring statute play insubstantial dictum stressed opinion statute construed far words fairly allow construction coterminous page page constitutional immunity unnecessary clause emphasized explicitly negative exact equivalence wording compulsory testimony act neither requires suggests right immunity given turn validity invalidity constitutional claim precluded least act seem clearly cover valid substantially doubtful ones see text compulsory testimony act quoted note opinion express limitation immunity testimony evidence produced obedience subpoena excludes immunity volunteered testimony evidence given excess subpoena requirement terms statute purport exclude cf heike see note supra