Graham

This appeal is from a judgment whereby appellant, 1 an alien, was held in contempt of the District Court of the United States for the Southern District of California and, as punishment therefor, was sentenced to be imprisoned for six months.

On or shortly before November 23, 1937, a subpoena was issued to and served on appellant, pursuant to § 16 of the Act of February 5, 1917, c. 29, 39 Stat. 885 , 2 8 U.S. C.A. § 152. The subpoena required appellant to attend and testify before an immigrant inspector before whom investigations were being conducted in the Southern District of California. Appellant responded to the subpoena, but refused to answer questions put to him before the inspector. Thereafter, on November 23, 1937, the District Court issued' an order requiring appellant to answer the questions. Appellant failed to obey the order and, being charged with contempt, defended on the ground, among others, that his answers, if he had answered the questions, would have tended to incriminate him under federal statutes, 3 and that, therefore, his refusal to answer was privileged under the Fifth Amendment.

The District Court held the Fifth Amendment inapplicable 4 and, therefore,…