Response or Comment
The Supreme Court of the United States has recently given a clear and brief statement of its views respecting the right of a corporation officer to refuse to testify on the ground that his testimony may subject the corporation to a criminal prosecution. Hale v. Henkel, 26 Sup. Ct. Rep. 370. Hale was summoned before a grand jury in a proceeding under the Sherman anti-trust act, and upon being interrogated respecting certain transactions of the MacAndrews & Forbes Co., of which he was Secretary and Treasurer, refused to answer, on the ground that the Federal immunity law was not broad enough to embrace corporations, and that a corporation agent could therefore claim a constitutional right to refuse to answer questions tending to incriminate such corporation.
Sunderland, Edson R. "The Investigation of Corporate Monopolies." Mich. L. Rev. 4 (1906): 634.