full title: SINCLAIR v . UNITED STATES
Court: U.S.
Date published: Apr 8, 1929
Facts
The chairman and any of the members of the Committee on Public Lands and Surveys of the Senate are empowered to administer oaths to witnesses before the committee. Rev. Stats. § 101. P. 291. 2. Rev. Stats. § 102, prescribing punishment for refusal to answer before congressional committees, includes witnesses who voluntarily appear without being summoned. P. 291. 3. While the power of inquiry of the respective houses of Congress is an essential and appropriate auxiliary to the legislative function, it must be exerted with due regard for the rights of witnesses; a witness may rightfully refuse to answer where the bounds of the power are exceeded or where the questions asked are not pertinent to the matter under inquiry.
Issue
Decision
The conviction on the first count must be affirmed. There were ten counts, demurrer was sustained as to four nolle prosequi was entered in respect of two, and conviction was had on the first, fourth, fifth, and ninth counts. As the sentence does not exceed the maximum authorized as punishment for the offense charged in the first count, we need not consider any other count. Abrams v. United States, 250 U.S. 616, 619.
Judgment affirmed
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