Matter of Harris, 221 U.S. 274 (1911)

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Matter of Harris


No. 165


Argued April 28, 1911
Decided May 15, 1911
221 U.S. 274

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

The right under the Fifth Amendment not to be compelled to be a witness against oneself is not a right to appropriate property that may tell one’s story.

A bankrupt is not deprived of his constitutional right not to testify against himself by an order requiring him to surrender his books to the duly authorized receiver. Counselman v. Hitchcock, 142 U.S. 547, distinguished.

Under § 2 of the Act of 1898, where the bankruptcy court can enforce title against the bankrupt in favor of the trustee, it can enforce possession ad interim in favor of the receiver, and so held as to books of the bankrupt.

The facts are stated in the opinion.