The Birmingham age-herald., 1921-02-24

year 1919 or the fiscal year ended in 1919. "All insurance policies in force on Ov- tober l, 1919.
 Copies of all statements of condition as reported to the commercial agencies, such as R. G, Dun, Bradstreet's Com mercial agency, etc, and all such state- merits as rendered to any bank or banker, or to any other persons or firm as a basis of credit.
 "All insurance policies in force on Oc- cluding evidence of such values such as engineers reports and other reports of like character, and also reports of state nIents made by the company on which capitalization was based or issues of bonds were made.
 OTHER BOOKS
 Any other books. papers or records to be found in the possession of the com pany which it might develop from ex- amining the above mentioned records would afford information touching the capital employed by the company in Ala bana. or touching the valuation of any of the tangible property of the company And this you shall in no wise omit under penalty of what the law directs, and have you then and there this writ, with endorsement thereon in what man. ner you shall have excepted the same
 Upon consideration, the court is of opinion that the following authorities are applicable and controlling of the question presented upon the demurrers and motion:
 Hale vs. Heinkel, ao1 U. S. 8, 50 U. s. G. Ed) s52.
 "Siivertone Lumber company vs. U. s., U. s. Sup Ct Adv. Opinions Qawyers Coop. Pub. Col February IS, 20, p. 20S. Rowling ct al, vs. Hall-Epps Clothing company. 217 Fed. sS4.
 "The breadth of the commissions de- mand, according to these authorities, is violative of the fourth amendment to the federal constitution, and constitutes an Unreasonable search and seizure It should also be made to appear that the documents sought are material to some matter under inquiry, within the juris- dlction of the commission. Much of the documents, books and papers called Tor by the blanket order doubtless would be unavailing for the purposes in hand; 1t is not sufficient that they might be, for fishing excusions' and explorations are not sanctioned or permitted in the law. The demand in Clause g, supra, Of the subpoena required the production or any other books, papers or records j. which it might develop would ar- ford information touching the capital employed or valuation of any tangible
  alternative prayer of the petition is that the individual respondents be attached 1t will be observed that said Clause puts upon them the responsibility of as- certaining and determining at their peril just what books. documents or papers are or may be needed by the commis- sioners to ascertain or establish their objects and purposes. If all the books papers and documents embraced within the blanket order were ordered sent to Montgomery, the offices of the company would be so denuded that it might DC questionable whether they could even function for the time being. Under the authorities the court is of opinion that the demand is too broad
 Tt is therefore ordered and adJudgeu that said demurrers be and they are hereby sustained. and said alternative writ or rule nisi be and is hereby quashed. Petitioners have 20 days within which they may amend the averments of the petition if they so elect.
 Dated this twenty-third day of Feb ruary, A. D., 1921.
 (Signed) RICHARD EVANSs
 Circuit Judge"