James Clark McReynolds

“ The writ was refused upon the theory that by filing schedules without objection the bankrupt waived his constitutional privilege, and could not thereafter refuse to reply when questioned in respect of them. This view of the law we think is erroneous. The schedules, standing alone, did not amount to an admission of guilt or furnish clear proof of crime, and the mere filing of them did not constitute a waiver of the right to stop short whenever the bankrupt could fairly claim that to answer might tend to incriminate him. ”

“ The writ should have issued.
'No person * * * shall be compelled in any criminal case to be a witness against himself.' Fifth Amendment. 'This provision must have a broad construction in favor of the right which it was intended to secure.' 'The object was to insure that a person should not be compelled, when acting as a witness in any investigation, to give testimony which might tend to show that he himself had committed a crime.' Counselman v. ”