State v. Jack

Citations

• 69 Kan. 387
• 76 P. 911
• 1904 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE ' COURT.</p> <p>1. Anti-trust Law—Provision for Preliminary Examination, of Witnesses Approved. A proceeding before the district court or judge thereof upon the written application of the county attorney or attorney-general, under section 10 of chapter 265, Laws of 1897 (Gen. Stat. 1901, § 7873), to subpoena witnesses to testify of their knowledge of violations of provisions of the act known as the “anti-trust law,” is of the nature of an investigation, or preliminary proceeding, and is a valid exercise of judicial power, the procedure being “due process of law,” within the meaning of the fourteenth amendment to the federal constitution.</p> <p>2. -Exemption Provision of Bill of Bights Held Not Available. The exemption provided by section 10 of the bill of rights (Gen. Stat. 1901, § 92), that “no person shall be a witness against himself,” cannot be claimed by a witness when, by the terms of a statute, the immunity afforded is coextensive with the constitutional privilege of silence.</p> <p>3. -Immunity Provision Held Coextensive with Consti~ tutional One. The immunity afforded by section 10 of the antitrust law of 1897 to a witness subpoenaed in a proceeding or inquiry to testify of his knowledge of violations of that law is coextensive with the constitutional privilege that “no person shall be a witness against himself.”</p> <p>4. - Possibility of Prosecution under Federal Anti-trust Laiv Will Not Excuse Witness from Testifying. A witness subpoenaed in a proceeding or inquiry to testify of his knowledge of violations of the anti-trust law cannot refuse to give his evidence on the ground that the immunity provided by section 10 of the act does not afford protection against the use of hie evidence in a prosecution against him for violations of the federal antitrust law.</p> <p>5. -Prohibition of Doing Further Business in the State Construed. The provision of section 5 of the anti-trust law of 1897, that every person, company or corporation violati