Ftc v. American Tobacco Co., 264 U.S. 298 (1924)

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Federal Trade Commission v. American Tobacco Company


Nos. 206 and 207


Argued March 7, 1924
Decided March 17, 1924
264 U.S. 298

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

1. The clause of the Federal Trade Commission Act, § 6(d), empowering the commission to investigate and report facts as to alleged violation of the Anti-Trust Acts when directed by either house of Congress will not support its demand for disclosure of the records of a corporation in an investigation directed by the Senate not based on such an alleged violation. P. 305.

2. The mere facts of carrying on commerce not confined within state lines and of being organized as a corporation do not make men’s affairs public. Id.

3. A governmental fishing expedition into the papers of a private corporation, on the possibility that they may disclose evidence of crime, is so contrary to first principles of justice, if not defiant of the Fourth Amendment, that an intention to grant the power to a subordinate agency will not be attributed to Congress unless expressed in most explicit language. P. 306.

4. The above act (§ 9) provides that the Commission shall at all reasonable times have access to, for the purpose of examination, and the right to copy, any documentary evidence of any corporation being investigated or proceeded against, and that, to enforce compliance, writs of mandamus may issue upon application of the Attorney General. Held, that access is confined to such documents as are relevant as evidence to the inquiry or complaint before the Commission, and that their disclosure cannot be compelled without some evidence of their relevancy and upon a reasonable demand. Id.

283 F. 999 affirmed.

Error to judgments of the district court denying petitions for writs of mandamus brought by the Attorney General to compel disclosure of their records, by the defendants, to the Federal Trade Commission.