John Lee v. Federal Maritime Board

John Lee, president of Puget Sound-Alaska Van Lines, Inc., (Puget Sound) seeks review of a district court order directing him to comply with a subpoena duces tecum calling for the production of financial data of that company. This subpoena had been signed and issued by Arnold J. Roth, Examiner of the Federal Maritime Board (Board), in connection with an investigation being conducted by the Board in its proceeding entitled Docket No. 881, General Increases in Alaskan Rates and Charges.

In this court Lee contends that compliance with the subpoena should not have been ordered because (1) the district court was without jurisdiction to enforce the subpoena; (2) the subpoena is invalid because the examiner was without authority to sign it; and (3) issuance of the subpoena was arbitrary and capricious, and enforcement would sanction an unreasonable search and seizure, for the reason that the subpoena called for assertedly irrelevant confidential data.

Jurisdiction of the district court. Section 27 of the Shipping Act of 1916, as amended, 46 U.S.C.A. § 826 , authorizes issuance of subpoenas in Board proceedings. It is provided in this section that obedience to any such subpoena “shall,…