In re Pacific Telephone & Telegraph Co.

Good Law
38 F.2d 833·1930 U.S. Dist. LEXIS 1902
United States District Court, Northern District of CaliforniaMarch 4, 1930No. 21507California2,205 words

Opinion

Lead Opinion

Kerrigan, J.

An order to show cause has issued, directed to the respondent E. T. O’Donnell to show cause why he should not be ordered to produce certain books and records of the Pacific Telephone & Telegraph Company, and be sworn and testify on an application for a search warrant made by the United States attorney to one of the United States commissioners for this district, and why he should not be held in contempt for disobedience of a subpcena issued by the commissioner.

The commissioner’s certificate, upon which the order to show cause is based, states that application for a search warrant was made to him, supported by the affidavits of three persons. These affidavits were not made part of the record herein, to avoid a possible public disclosure of the facts therein stated. Copies have, however, been furnished to the court. It is sufficient for the purposes of this proceeding to state that these affidavits charge the commission of a felony, conspiracy to violate the National Prohibition Act (27 US *835 CA). They recite facts tending to show that certain persons were selling liquor for which they took telephone orders. The telephone numbers are given. The location of the telephones is not…

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