110 F. 341 | U.S. Circuit Court for the District of Washington | 1901
It is provided in the Code of this state that:
“A party to an action or proceeding may he examined as a witness, at the instance of the adverse party, or of one of several adverse parties, and for that purpose may be compelled in the same manner and subject to the same rules of examination as any other witness to testify at the trial, or he may be examined on a commission.
“Instead of the examination being had at the trial as provided by the last section, the plaintiff, at the time of filing his complaint or afterwards, and the defendant, at the time of filing his answer or afterwards, may file in the clerk’s office interrogatories for the discovery of facts and documents material to the support or defense of the action, to he answered on oath by the adverse party.
“* * * páyate corporation may he interrogated in the same manner as individuals and it shall not be excused for a failure to- answer any proper interrogatory unless it shall show that no one in its employ or connected with, or interested in it, can give the desired answers or information.” 2 Ballinger’s Ann. Codes & St. §’§ 6008-6010.
In a number of instances parties have heretofore attempted to proceed under this statute by filing interrogatories in actions at law pending in this court, and it has been the practice of the court to refuse to compel parties to' answer, and, upon motion, to strike the interrogatories from the files; the rulings of the court in such cases having been made in deference to the decisions of the supreme court of the United States in the cases of Ex parte Fisk, 113 U. S. 713, 5 Sup. Ct. 724, 28 L. Ed. 1117, and Railroad Co. v. Botsford, 141 U. S. 250, 11 Sup. Ct, 1000, 35 L. Ed. 734. On the argument of this motion, the question has been -raised, .for. the first time in this court whether the .more recent .decision. of' the supreme court and changes in the law do not require a.cHange. of practice. _ The case of Railroad
“Tliat in. addition to tbe mode of taking the depositions of witnesses in causes pending at law or equity in the district and circuit courts of the United States, it shall he lawful to take the depositions or testimony in the mode prescribed by the laws of the state in which the courts are held.”
The. circuit court of appeals for the First circuit has held that this statute was intended to simplify the practice of taking depositions in the instances authorized by the federal laws, and that it does not authorize the taking of depositions in instances - not previously authorized by the federal statutes, and that it does not confer additional rights to obtain proof by interrogatories to be answered by the adverse party in actions at law. Register Co. v. Leland, 37 C. C. A. 372, 94 Fed. 502. With all due deference to that learned court, the construction thus given to the statute is in my opinion unwarranted, for two reasons, viz.: First, it interpolates and reads into the statute words of limitation which coifgress did not see fit to put into it; and, second, it fails to give effect to all the words which the act contains, because, if only depositions may be taken in the mode prescribed by the laws of the state, then the words “or testimony" are meaningless and superfluous, whereas the rules for the interpretation of statutes require the court to give effect to every word of a statute, if it is possible to do so consistently, with the manifest intent of the legislature. I concur with Judge Eacombe in his opinion in the case of International Tooth-Crown Co. v. Hanks’ Dental Ass’n
In this case some of the interrogatories propounded are proper, and should be answered; others are in my judgment unnecessary and improper, and, upon application of the defendant, the court will relieve it from the burden of supplying information from sources to which the plaintiffs, as well as the defendant, can go; but the motion which has been made to strike the interrogatories entirely from the files must be denied.