cobbledick argued january decided february donald richberg washington felix smith chalmers graham san francisco petitioners wendell berge washington respondent opinion justice frankfurter announced chief justice district northern district california denied motions quash subpoenas duces tecum addressed petitioners directing appear produce documents grand jury july term denial motions petitioners sought review way appeal circuit appeals ninth circuit found without jurisdiction dismissed appeals brought cases conflict decision circuit appeals second circuit cudahy packing matter sole question raised three concerns effective administration federal criminal law question whether order denying motion quash subpoena duces tecum directing witness appear grand jury included within decisions district alone circuit courts appeal authorized review judicial code finality condition review historic characteristic federal appellate procedure written first judiciary departed observance practically defeat right review since right judgment one matter grace necessary ingredient justice congress beginning forbidding piecemeal disposition appeal practical purposes single controversy set enfeebling judicial administration thereby avoided obstruction claims come permitting harassment cost succession separate appeals various rulings litigation may give rise initiation entry judgment effective judicial administration must momentum arrested permitting separate reviews component elements unified cause considerations policy especially compelling administration criminal justice review right criminal cases accused entitled scrupulous observance constitutional safeguards encouragement delay fatal vindication criminal law bearing discomfiture cost prosecution crime even innocent person one painful obligations citizenship correctness trial rejection even constitutional claim made accused process prosecution must await conviction reconsideration appellate tribunal cogen thus denying appellate courts power review rulings nisi prius generally entire controversy concluded congress sought achieve effective conduct litigation purposes appellate procedure idea underlying judgments decrees judiciary act expressed decisions judicial technical concept temporal physical termination means achieving healthy legal system instrument policy requirement finality enforced party litigation witness stranger main proceeding neither party witness allowed take upper ruling result review halt orderly progress cause consider incidentally question happened cross path litigation chief justice taft segurola despite fact witness stranger litigation party appeal taken conclusion main cause ruling alexander case witnesses directed appear produce documents special examiner designated circuit hear testimony suit brought enforce sherman law upon refusal submit documents called subpoena petitioned circuit order requiring compliance petition granted appeals allowed appeals dismissed want jurisdiction grounds decision best indicated language opinion certain sense finality asserted orders review certain sense finality asserted order order may coerce witness leaving alternative obey punished may effect characteristic finality orders review ruling contended appeal let go farther punish witness contempt order arrives right review adequate protection without unduly impeding progress case power punish exercised matter becomes personal witness judgment prior proceedings interlocutory original suit pages page must decide whether situation witness summoned produce documents grand jury different witness alexander case sound considerations policy controlling govern constitution makes grand jury part judicial process must initiate prosecution important federal crimes general instructions attached time time reports findings proceeding grand jury constitutes judicial inquiry hale henkel ancient lineage see wilson duration life frequently short limited statute less important safeguard undue interruption inquiry instituted grand jury protect delay progress trial indictment found opportunity obstructing progress investigation encouraged one case grand jury proceeding defined litigants none may emerge irrelevant issue witness relation inquiry different grand jury proceeding alexander case whatever right may requires protection either case afforded district witness chooses disobey committed contempt see hale henkel supra wilson supra point witness situation becomes severed main proceeding permit appeal sure may involve interruption trial investigation allow interruption forever preclude review witness claim alternatives abandon claim languish jail analysis finality illustrated perlman exhibits owned perlman impounded patent suit motion attorney directed produced grand jury perlman petitioned district prohibit use invoking constitutional privilege petition denied perlman sought review claimed action district final merely interlocutory therefore reviewable rejected government contention held otherwise rendered perlman avert mischief order page page perlman exhibits already possession production grand jury violated perlman constitutional right protect right separate proceeding prohibit forbidden use denied opportunity review theory district order interlocutory made doctrine finality means denying perlman appellate review constitutional claim due regard efficiency litigation must carried far deny opportunity appeal contemplated statutes one class cases dealing duty witnesses testify presents differentiating circumstances cases arisen interstate commerce act whereby proceeding may brought district compel testimony persons refused make disclosures interstate commerce commission cases orders district directing witness answer held final reviewable interstate commerce comm brimson harriman interstate commerce ellis int com cases duly considered alexander case deemed rest statutory provisions apply proceedings bar may resemblances latter also differences page page differences thought controlling appeal order ellis case supra fully argued briefs differentiated situation like alexander case doubt felt appeal lay district direction testify end proceeding begun pithy expression type case page page sufficient justification treating controversies differently arising proceedings unrelated administrative agency doctrine finality phase distribution authority within judicial hierarchy proceeding like interstate commerce act may deemed far judiciary much independent suit equity appeal lie injunction without necessity waiting disobedience ordered recusant witness testify commission remains nothing true respect particular witness whose testimony sought case grand jury trial judicial inquiry halted offending witness permitted appeal proceeding district ancillary judicial proceeding far concerned complete deem unnecessary say sustaining circuit appeals challenged judgment affirmed justice murphy participate consideration decision cases footnotes section provides circuit courts appeal shall appellate jurisdiction review appeal final decisions similar language used act stat act september stat discussion historical background english american finality concept see crick final judgment basis appeal yale see judicial code dealing appeals interlocutory injunctions appeals interlocutory decisions receivership cases interlocutory decrees determining rights liabilities admiralty litigation see cranch certificate division opinion circuit courts review obtained see curtis jurisdiction courts act review right allowed capital cases stat history federal criminal appeal see sanges compare importing burdeau mcdowell consistent analysis case proceedings commenced district recovery documents held government use grand jury district granted relief sought government appealed action district treated final hence subject review practical considerations involved entirely different must govern burdeau mcdowell action district interruption grand jury inquiry appeal government halt progress inquiry stat