In re Local Union No. 550, United Brotherhood of Carpenters & Joiners

Good Law
33 F. Supp. 544·6 L.R.R.M. (BNA) 1041·1940 U.S. Dist. LEXIS 3130
United States District Court, Northern District of CaliforniaApril 26, 1940No. 2727California420 words

Opinion

lead Opinion

Sure, J.

In an investigation by the Grand Jury ¡under the anti-trust laws subpoenas duces tecum, pursuant to court order, were directed to Local N'o. 550, United Brotherhood of Carpenters and Joiners of America; Local No. 42 of the same organization; and the Bay District Council of Carpenters. Thomas Bennett, Alfred Fromm, and D. H. Ryan, as officers of the respective organizations, appeared before the Grand Jury, and when requested to produce the records called for by the subpoenas, acting upon advice of counsel, refused to produce the records unless granted immunity by the Government, which was refused. The Grand Jury made oral presentation to the court of the three witnesses as contumacious. Each being present in court with counsel, moved to quash, suppress, and vacate the subpoenas.

It is objected that as each subpoena affects a local union which is unincorporated and “the things sought are the private papers of each individual member, no one of whom has'any ownership distinct from the other,” each is entitled to assert the constitutional guaranties. Of course, each individual may assert and maintain any constitutional right to which he is entitled; but the act upon which this…

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