Melville Fuller

“ And he further said: 'Its purpose is clear to provide a mode of proof in trials at law, to the exclusion of all other modes of proof.' 'It is not according to common usage to call a party in advance of the trial at law, and to subject him to all the skill of opposing counsel, to extract something which he may then use or not, as it suits his purpose.' 'Every action at law in a court of the United States must be governed by the rule or by the exceptions which the statute provides. There is no place for exceptions made by state statutes. ”

“ The only power of discovery or inspection, conferred by Congress, is to 'require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery,' and to nonsuit or default a party failing to comply with such an order. ”

“ The court is not at liberty to adopt them, or to require a party to conform to them. It has no power to subject a party to such an examination as this.' Sections 721 and 914 (U.S.C.omp. Stat. 1901, pp. 581 and 684) were held inapplicable because the law of the state was inconsistent with the law of Congress. ”