CONSTITUTIONAL LAW--COMPELLING WITNESS DUTY FROM ABSENT NATIONALS

Authors

Abstract

One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by the consul on said person with a tender of traveling expenses. If the witness fails to appear, an order may be issued directing that he appear and show cause why he should not be found guilty of contempt and directing that property belonging to him be seized and held to satisfy any judgment against him. This order likewise is to be served by the consul, with additional notice given by publication.

Recommended Citation

CONSTITUTIONAL LAW--COMPELLING WITNESS DUTY FROM ABSENT NATIONALS, 30 Mich. L. Rev. 137 (1931).
Available at: https://repository.law.umich.edu/mlr/vol30/iss1/19