Joseph McKenna

“ Testimony, at times, must be taken out of court. In instances like those in the case at bar the officer who takes the testimony, having no power to issue process, is given the aid of the clerk of a court of the United States; having no power to enforce obedience to the process or to command testimony, he is given the aid of the judge of the court whose clerk issued the process, and if there be disobedience of the process, or refusal to testify or to produce documents, such judge may 'proceed to enforce obedience . ”

“ Absolute power is conferred upon it to control and restrict the output of the mills, fix the price of their products, and determine to whom and the terms and conditions upon which such products shall be sold, into what states and places they shall be shipped, and what publishers and customers each mill shall supply. ”

“ The United States then presented a petition to the United States circuit court for the district of Wisconsin, which recited the issues in the case, and the statement of the questions asked, and the parts of the books and documents sought to be used. To this petition the appellants filed separate answers.
The answers may be regarded for out present purpose as identical. They allege the immateriality of the evidence and that its materiality should be established as a condition precedent to its production ”