The citizen. (Honesdale, Pa.) 1908-1914, 1910-03-16
New Jersey Orders Them to
Produce Their Books.
SURPRISE TO THE BEEF TRUST
Decision of Justice Swayze Estab-
hshes a New Precedent That
May Have Far Reach
ing Effect.

SwayZe signed an order today com
pelling the National Packing company.
Armour & Co., Morris & Co. and Swift
Co. to produce their books of min
utes of stockholders and directors be
fore the Hudson county grand jury,
which has been investigating the cold
storage plants, with n view to deter
mining whether an illegal conspiracy
exists to keep up the prices Of food
products.
Justice Swayze later held confer
ence with Prosecutor Pierre Garven.
and it was arranged that Justice
Swayze shall determine the exact con
ditions under which the books shall
he produced.
The decision of Justice Swayze, al
though anticipated by Prosecutor Gar
ven. was a surprire to the beef trust
men and corporation lawyers here, in
asmuch as it establishes a precedent
which is new in this state and may
be farreaching in its effects.
cepted, although not judicially deter
mined, that the production of books
of corporations cannot be compelled
in criminal proceedings. This view
Justice SwayZe holds to be inconsist-
ent with the powers delegated to
grand jurieS and the duties imposed
upon them in this state.
In his opinion Justice Swayze con-
sidered two points urged ON behalf
OF the meat trust. One was that the
prosecutor failed to show what cause
was pending in which the books might
be required as evidence and the other
that Justice Swayze had no power to
compel them to be brought within the
state.
The first question Justice Swayze
held was to be decided by the power
of the grand jury to compel the pro-
ductiOn of evidence without specifying i
what case it had under consideration.
Admitting that in Pennsylvania and
probably in New York a grand jury
must issue its subpoenas in n par
ticular pending case. Justice Swayze
held that in this state there is a diff
ferent rule. Often crime may have
been committed and may be notorious.
he said, although the perpetrator may
he unknown, and in other cases there
may be grave suspicion that crime
has been committed. although such
suspicion may be far from certainty.
He added:
1T would thwart the administration
of justice to hold that the case to be
investigated must be definitely speci-
fed in the subpoena, for not only may
the grand jury be ignorant of the
facts. but to give the name of the sus-
pected individual or even to describe
the supposed offense may warn the
offender and give him a chance to es-
cape"
The question of his power to order
the production Of the books, Justice
Swayze held, must depend upon the
construction placed upon the words
within the judicial control"
Justice Swayze assumed the broad
ground that these words meant not
the control of the particular Judge, but
the control of the judiciary, or, in 9th
er words, of the judicial department Of
the government In this view Of the
case he held that the power to compel
the production of the books is unques-
tionable.
1t was also argued by counsel that
the corporation act would not have
contemplated the use of the corpora
tion's books in criminal proceedings
since at the time the act was passed
the right to compel corporation to
produce its books in criminal pro-
ceeding was doubtful.
In disposing of this question Justice
Swayze says:
whatever may be said of the privi-
lege Of corporation against self in
elimination, it certainly was never
supposed that a corporation whose
books contained evidence which would
be important in a criminal proceeding
against individuals could not be COM
PEELED to produce these books for the
purpose of affording such evidence.
Il am of the opinion, therefore, that
ought to make the order. The ques-
tions which have arisen as TO the
rights Of corporations under the bill OF
rights to be protected against unrea-
sonable searches and seizures and the
privilege against self determination
embodied in the bill of rights of the
federal constitution do not arise in
this case since the prosecutor asks
only for certain specified books. and
1t is not clsimed that the production
of those books within the state will
interfere with the business operations