“ People, 195 Ill. 430, 63 N. E. 264, the privilege was claimed by a corporation, but the agent of an insurance company was permitted to testify in a suit for the recovery of a statutory penalty to facts showing the performance by the corporation of the act prohibited. Indeed, the authorities are numerous to the effect that an officer of a corporation cannot set up the privilege of a corporation as against his testimony or the production of their books. ”

“ Ct. Rep. 370, differing from that case, however, in two important particulars: First, in the fact that there was a complaint and charge made on behalf of the United States against the American Tobacco Company and the Imperial Tobacco Company under the so-called Sherman act, and second, that the subpoena pointed out the particular writings sought for (three agreements) , giving in each case the date, the names of the parties, and, in one instance, a suggestion of the contents. ”