Harold Hitz Burton

“ Rather they assume the rights, duties and privileges of the artificial entity or association of which they are agents or officers and they are bound by its obligations. In their official capacity, therefore, they have no privilege against self-incrimination. ”

“ It guarantees that 'No person * * * shall be compelled in any criminal case to be a witness against himself * * *.' A custodian, by assuming the duties of his office, undertakes the obligation to produce the books of which he is custodian in response to a rightful exercise of the State's visitorial powers. ”

“ He cannot legally be jailed for contempt for invoking his constitutionally protected privilege not to be a witness against himself.'↑ In this case petitioner might have been proceeded against for his failure to produce the records demanded by the subpoena duces tecum. ”

“ United States v. Illinois Alcohol Co., 2 Cir., 45 F.2d 145, 149. See also, United States v. Lay Fish Co., D.C., 13 F.2d 136, 137.↑ The leading case of United States v. Austin-Bagley Corp., supra, 31 F.2d at pages 233, 234, explains the scope and limitations of this doctrine. In that case, the secretary-treasurer of a corporation, who was charged with conspiracy to violate the National Prohibition Act, 27 U.S.C.A. § 1 et seq., was called to the stand by the Government and compelled to identify the minutes of the corporation. ”