Oliver Wendell Holmes, Jr.

“ It appears to us, and it hardly is denied, that the charge of contempt in failing to produce a book is confined, as it was taken by Ballmann's answer to be confined, to a failure to produce a cash book showing transactions under the anme of A. Smith or A. Johnson. We assume that the commitment was upon the charge and the order of April 8, not upon the order entered as of April 7. Upon that assumption it might be enough to say that the court was not warranted in finding Ballmann guilty by any evidence which it had before it. ”

“ To determine whether the case which we have supposed in the case at bar we must consider whether we can see reasonable grounds for believing that the book was privileged, or that it was not,-it does not matter for our purposes in which form the question is put. ”

“ The court entered an order as of that day, April 7, that he should produce all books and papers pertaining to his business. On April 8 the grand jury filed charges of contempt against him, in that 'being required by said subpoena to produce a certain cash book in use in his business' he refused to do so, and also that he refused to answer the following questions: (a) 'State what, on account No. 140, sheet No. 1, on this big ledger now in use in your business, these figures under the word 'folio,' on the debit side of the account, to wit: No. ”