145 F.2d 697 | D.C. Cir. | 1944
Auth-Loffler, Inc., is a Delaware corporation engaged in the business of selling meats at wholesale in the District of Columbia. Prior to January 29, 1944, appellee, Chester Bowles, as Administrator of the Office of Price Administration, having decided that an investigation was proper to
On this appeal, it is -contended that the order of the Administrator violated appellant’s constitutional rights, because.of penalties which' might have" been imposed upon him or upon the corporation, of which he is secretary and owner of one-half its capital stock, as a result of disclosures which might have been made in these invoices, of possible innocent and unintentional violations of price ceilings. It must be noted in the first place that this contention is beside the point, as no more is now involved than the judgment and order of the District Court. This order is in no respect unreasonable. It merely carries out the plain purpose of the Emergency Price Control Act.
But, even assuming that appellant’s attack in this court were upon the order of the Administrator rather than upon the judgment of the District Court, it would be equally without merit.
The judgment and order of the District Court are not unreasonable because of shortness of time allowed for compliance. The order was filed on March 10, 1944; it gave appellant until March 13, 1944 to get ready for inspection in its own place of business, or in the alternative to produce the invoices on or before April 13, 1944.
The judgment and order are not unreasonable, either, because “approximately, twenty thousand invoices of sales and purchases, covering a period of four months,” were involved, or because “invoices of sales and purchases of pork and pork products were filed, unsegregated, with sales and purchases of meats and meat products other than pork, thereby making compliance . . . all the more difficult.” Appellant has misconceived the law of the case upon which he relies to support this contention. Hale v. Henkel
No privilege against self-incrimination was violated or threatened in this case, as respects either appellant individually or the corporation
We have examined, carefully, all appellant’s contentions and find them to be without merit.
Affirmed.
50 U.S.C.A.Appendix § 901 et seq.
See generally, Sherwood, The Enforcement of Administrative Subpoenas, 44 Col. L.Rev. 531, 534.
Sections 1364.22, 1364.27, Revised Maximum Price Regulation No. 148, 7 Fed.Reg. 8609.
A month’s time was specified in appellant’s affidavit as the time x-equired to segregate the invoices.
See Hale v. Henkel, 201 U.S. 43, 70, 26 S.Ct. 370, 377, 50 L.Ed. 652; “Had the witness relied solely upon the first ground, doubtless the court would have given him the necessary time.”
201 U.S. 43, 77, 26 S.Ct. 370, 380, 50 L.Ed. 652: “Of course, in view of the power of Congress over interstate commerce, to which we have adverted, we do not wish to be understood as holding that an examination of the books of a corporation, if duly authorized by act of Congress, would constitute an unreasonable search and seizure within the Fourth Amendment.”
Nelson v. United States, 201 U.S. 92, 26 S.Ct. 358, 50 L.Ed. 673 (decided during the same term as Hale v. Henkel); Consolidated Rendering Co. v. Vermont, 207 U.S. 541, 554, 28 S.Ct. 178, 52 L.Ed. 327, 12 Ann.Cas. 658; Brown v. United States, 276 U.S. 134, 142, 143, 48 S.Ct. 288, 72 L.Ed. 500; Wheeler v. United States, 226 U.S. 478, 483, 489, 33 S.Ct. 158, 57 L.Ed. 309; Federal Trade Commission v. American Tobacco Co., 264 U.S. 298, 306, 307, 44 S.Ct. 336, 68 L.Ed. 696, 32 A.L.R. 786. See also, Newfield v. Ryan, 5 Cir., 91 F.2d 700; Fleming v. Montgomery Ward & Co., 7 Cir., 114 F.2d 384; McMann v. Securities and Exchange Commission, 2 Cir., 87 F.2d 377, 379, 109 A.L.R. 1445,
Emergency Price Control Act of January 30, 1942, § 202(g), 50 Stat. 30, 50 U.S.C.A.Appendix, § 922(g); United States v. White, 322 U.S. 694, 64 S.Ct. 1248; Hale v. Henkel, 201 U.S. 43, 26 S.Ct. 370, 50 L.Ed. 652; McAlister v. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L.Ed. 671; Baltimore & Ohio R. Co. v. Interstate Commerce Commission, 221 U.S. 612, 622, 31 S.Ct. 621, 55 L.Ed. 878; Wheeler v. United States, 226 U.S. 478, 33 S.Ct. 158, 57 L.Ed. 309; Essgee Company of China v. United States, 262 U.S. 151, 158, 43 S.Ct. 514, 67 L.Ed. 917.