Production of Books and Papers—Constitutional Protection.—The people of the state have a constitutional right “to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches”; and it is not to be tolerated that a per- • , rj son should be compelled to deliver his private books and papers to another who does not claim any ownership in them, except when warranted by a law clearly not inconsistent with the constitutional provision.

Id.—Power of Court to Order Production—Drag-net of Inspection— Suspicion—Showing of Materiality.—The court is bound to protect a party to an action from undue inquisition into his private affairs, and cannot allow a drag-net of inspection to be drawn through all of his books and papers, to discover whether they do or do not contain legal evidence in favor of the opposite party; nor will a mere suspicion that they contain material evidence warrant an order for their production. The court has no power to order the production of books or papers by one party to be used as evidence for the other party, without an affirmative and substantial showinr by affidavit, or otherwise, that they contain evidence material to the cause of action or defense of the party requiring them.

Id.—Unlawful Order to Produce Books of Corporation—Imprisonment of Secretary for Contempt—Habeas Corpus.—No court or judge has power to punish as a contempt the violation or disregard of an unlawful order; and, where the court has made an unlawful order requiring the secretary of a corporation defendant to produce all of its books, in the -absence of any showing that they contain evidence material to the plaintiff’s cause, and where the secretary as a witness for the plaintiff has testified to the contrary, an order imprisoning him for contempt for violation of such unlawful order is void, and he is entitled, to be released upon habeas corpus.