Слике страница
PDF
ePub

(Wash.)

West
Virginia.

Wisconsin.

United
States.

District of
Columbia.

Alabama.

Arizona.

certified copies of any classification, rate, rule, regulation or order
established by such commission, *
Same, § 103.

[ocr errors]

"The secretary shall keep a record of all proceedings, acts,
orders and judgments of the commission, certified copies of which
shall be admitted as evidence in any court of this state.
Acts 1913, c. 9, § 19.

See, also, § 14, quoted on p. 221.

* **

Provision similar to that in Maryland (§ 414) is found in Stats. 1911, §§ 1797m-20, 21.

A complete stenographic record of all proceedings on any formal investigation shall be taken. A copy of such transcript shall be furnished free of cost to any party to such investigation. Same, §§ 1797m-56,-59; § 1797-13c.

3. IMMUNITY OF WITNESSES.

* The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding." § 12, Act to Regulate Commerce, as am'd.

A fuller provision to the same effect is found in the Testimony Act (27 Stats. at Large, 443).

See, also, Immunity Act (34 Stats. at Large, 798), limiting the immunity to a natural person who gives testimony or produces evidence in obedience to a subpoena.

[ocr errors]

That no person shall be excused from testifying or from producing books, accounts, and papers in any proceeding based upon or growing out of any violation of the provisions of this section, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may have testified or produced any documentary evidence: Provided, That no person so testifying shall be exempted from prosecution or punishment for perjury: Provided further, That the immunity hereby conferred shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath." District Appropriation Act, March 4, 1913, § 8, par. 70.

No person shall be excused from attending and testifying, or from producing books and documents, in any investigation before the commission, or in any proceeding in court by or against the commission, on the ground of self-incrimination. But no person shall be prosecuted on account of any transaction concerning which he may be required to testify or produce evidence, but this exemption does not extend to perjury committed while testifying. Code 1907, § 5674.

§ 55 (d) of the Arizona law (Laws 1912, c. 90) differs only in unimportant details of phraseology from § 55 (d) of the California law, quoted below.

[ocr errors]
[ocr errors]

No person shall be excused from testifying or from producing any book, way bill, document, paper or account in any investigation or inquiry by or hearing before the commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, way bill, document, paper or account required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath have testified or produced documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained shall be construed as in any manner giving to any public utility immunity of any kind.” Stats. 1911, 1st ex. sess., c. 14, § 55 (d).

“*** provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him. in his testimony. Nothing herein contained shall be construed as in any manner giving to any public utility immunity of any kind.” Laws 1913, c. 127, § 40 (b).

(See note p. 3.)

"*** If any witness objects to testifying or to producing any book or paper on the ground that such testimony, book, or paper may tend to incriminate him, and the commission, or any member thereof, direct such witness to testify or to produce such book or paper, and he complies, or he be compelled so to do by order of court, he shall not be prosecuted for any matter concerning which he has testified. ***." P. A. 1911, c. 128, § 9.

“*** and in such examinations or investigations no person called upon to testify shall be excused from answering on the ground or claim that his testimony would tend to incriminate himself; but such testimony shall not be used against him in any criminal proceeding." Gen. Stats. 1906, § 2917, as am'd 1913, c. 6527.

California.

Colorado.

Connecticut.

Florida.

A subordinate employee who violates an order of the commission in pur- Georgia. suance of instructions of a superior may be called as a witness and compelled to show the authority by which he acted, and such testimony shall not be used against such subordinate, nor shall he thereafter be subject to indictment for said offense. Code 1910, § 2668.

§ 51 (d) of the Idaho law is practically identical with § 55 (d) of the California Idaho. law, quoted above. Laws 1913, c. 61, § 51 (d).

'No person shall be excused from testifying or from producing any papers, books, accounts or documents in any investigation or inquiry or upon any hearing ordered by the commission, when ordered to do so by the commission or any commissioner, or officer of the commission, upon the ground that the testimony or evidence, documentary or otherwise, may tend to incriminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, before the commission or a commissioner or an officer of the commission: Provided, that such immu

Illinois.

(111.)

Indiana.

Kansas.

[Maine.

Maryland.

nity shall extend only to a natural person, who in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. No person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying." Laws 1913, p. 459,1 § 61.

[ocr errors]

'No person shall be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of any violation of the provisions of this act on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him would incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence: Provided, That no person testifying shall be exempted from prosecution or punishment for perjury in so testifying." Acts 1913, c. 76, § 86.

"No person shall be excused from testifying or from producing any books, accounts, maps, papers or documents in any action or proceeding, based upon or growing out of any alleged violation of any of the provisions of this act, on the ground or for the reason that the testimony or evidence, documentary or oral, required from him, may tend to incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subject to any penalty, punishment or forfeiture on account of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence, providing that no person so testifying shall be exempted from prosecution or punishment for perjury committed in so testifying." Laws 1911, c. 238, § 17.

"No person shall be excused from testifying or from producing books, accounts and papers in any proceeding based on or growing out of the provisions of this act on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or to subject him to a penalty or forfeiture; and no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence; provided, however, that no person so testifying shall be exempt from prosecution or punishment for perjury." Laws 1913, c. 129, § 58.

(See note p. 3.)

"*** No person shall be excused from testifying or from producing any books or papers in any investigation or inquiry by or upon any hearing before the commission or any commissioner, when ordered to do so by the commission, upon the ground that the testimony or evidence, books or documents required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have, by order of the commission or a commissioner, testified or produced documentary evidence; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall 'Effective January 1, 1914.

(Md.)

be construed as in any manner giving unto any corporation immunity
of any kind from the law." Ann. Code 1911, Art. 23, § 422.

Similarly as to court proceedings in actions growing out of this act. Same, § 462.

"No person shall be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any violation of the provisions of this act on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence: Provided, That no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying: Provided further, The immunity hereby conferred shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath, or produces evidence documentary or otherwise under oath." P. A. 1909, No. 300, § 27 (b).

"No person shall be excused from testifying or from producing any books or papers in any investigation or inquiry by or upon any hearing before the commission or any commissioner, when ordered to do so by the commission, upon the ground that the testimony or evidence, books or documents required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall under oath have testified or produced documentary evidence: Provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any manner giving unto any corporation immunity of any kind." Laws 1913, p. 556, § 125.

"No person shall be excused from testifying, or from producing books and papers in any proceedings based upon or growing out of any alleged violation of the provisions of this Act, on the ground of, or for the reason that, the testimony or evidence documentary or otherwise, required of him may tend to incriminate or subject him to penalty or forfeiture; but no person having so testified, shall be prosecuted or subjected to any penalty or forfeiture for, or on account of any transaction, matter or thing, concerning which he may have testified or produced any documentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying." Laws 1913, c. 52, § 22.

“*** The claim that any such testimony may tend to incriminate the person giving it shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceedings; Stats. 1911, § 10650 (k).

[ocr errors]

"No person shall be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any violation of the provisions of this act, on the ground or for the reason that the testimony or evidence, documentary or otherwise,

Michigan.

Missouri.

Montana.

Nebraska.

Nevada.

(Nev.)

New
Hampshire.
New Jersey.

New Mexico.

New York.

North
Dakota.

Ohio.

Oregon.
Pennsylvania.

Rhode

Island.

South

Dakota.

required of him may tend to incriminate him or subject him to penalty
or forfeiture, but no person having so testified shall be prosecuted or
subjected to any penalty or forfeiture for, or on account of, any trans-
action, matter or thing concerning which he may have testified or
produced any documentary evidence; provided, that no person so
testifying shall be exempted from prosecution or punishment for
perjury in so testifying." Rev. Laws 1912, § 4565 (a).

Similar to Maryland. Laws 1911, c. 164, § 2 (m).

Similar to Maryland. Laws 1911, c. 195, § 29.

The claim that the giving of any such testimony or evidence might tend to criminate the witness shall not excuse such witness from testifying or producing such evidence, but such testimony or evidence shall not be used in any criminal proceeding against him except for perjury." Laws 1912, c. 78, § 6.

Similar to Maryland.

Laws 1910, c. 480, Pub. Ser. Com. Law, § 20.

*** the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such person or witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding." Rev. Codes 1905, § 4354.

Similar to Alabama. Laws 1911, p. 549, § 41 [614-39]; Laws 1913, p. 804, § 20 [499-7].

Similar to Michigan. Laws 1911, c. 279, § 59.

***No individual shall be excused from testifying, or from producing any books, papers, documents, or other evidence, in any investigation or inquiry by or upon any hearing before the commission or any commissioner, when ordered to do so by the commission or such commissioner, upon the ground or for the reason that the testimony, books, papers, documents, or other evidence required of him, may tend to criminate him or subject him to penalty or forfeiture. But no individual shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he shall testify or produce books, papers, documents, or other evidence. No individual so testifying shall, however, be exempt from prosecution or punishment for any perjury committed in so testifying; and nothing herein contained shall give, or shall be construed as in any manner giving, unto any individual immunity of any kind from the law, except as herein expressly provided, or as giving unto any corporation immunity of any kind from the law.*** Laws 1913, No. 854,1 Art. VI, § 1.

Similar to Maryland. Laws 1912, c. 795, § 16.

No person shall be privileged from testifying in relation to the giving or accepting of franks, but no such person shall thereafter be prosecuted for any offense concerning which he may have been required to testify, and the testimony so given shall not be used in the criminal prosecution of any such person, except for perjury. Laws 1907, c. 221, § 7.

'Effective January 1, 1914.

« ПретходнаНастави »