1. Witness—Privileged Communications—Messages in Hands of Telegraph Companies.

Telegraphic messages in the hands of telegraph companies are not privileged communications, so far as the companies are concerned, and their production will be compelled by subpoena duces tecum, in aid of an investigation by a grand jury of supposed criminal acts of the senders and receivers of the messages, with which such companies and their officers are in no way connected.

2. Subpoena Duces Tecum for Production of Telegrams—Sufficiency.

By the petition of the United States attorney for a subpoena duces tecum, directed to, and to' be served on, the superintendent of a telegraph company, requiring him to appear as a witness before the United States grand jury, and produce certain telegrams, it appeared that such jury was investigating certain alleged violations of the laws of the United States relating to the obstruction of the mails and carriers of the same, and relating to conspiracies in restraint of interstate trade and commerce, during the recent strike on the Southern Pacific Railroad, directed by the American Railway Union, which is a matter of general public notoriety. Held, that such subpoena ivas not defective because it called for telegrams between a number of parties, without describing the messages, by date or otherwise, so as to identify the particular messages required, where the facts and circumstances of the case indicated that telegrams had passed between tlie parties, and their general character, and where tlie subpoena described them with such particularity as appeared to be practicable. Ex parte Jaynes, 12 Pac. 117, 70 Oal. 639, distinguished.

3 Same—Witness—Right to Compensation in Advance.

It is no cause for quashing a subpoena duces tecum, requiring a witness to appear before the United States grand jury, that no compensation has been tendered the witness for his outlay in making the necessary search for telegrams which he is required to produce, since the United States is not required to tender witness fees in advance.