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CAMERON V. UNITED STATES, 231 U. S. 710 (1914)

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U.S. Supreme Court

Cameron v. United States, 231 U.S. 710 (1914)

Cameron v. United States

No. 165

Argued October 21, 1913

Decided January 5, 1914

231 U.S. 710

Syllabus

The estate of the bankrupt is in process of administration after the petition has been filed and a receiver appointed and an examination may be ordered at any time thereafter under § 21a of the Bankruptcy Act.

Section 7 of the Bankruptcy Act does not prevent a prosecution for perjury in the giving of testimony by the bankrupt; the immunity applies to past transactions concerning which the bankrupt is examined. Glickstein v. United States, 222 U. S. 139.

In the absence of clearly expressed legislative intent, retrospective operation will not be given to statutes, nor, in absence of such intent, will a statute be construed as impairing rights relied upon in past conduct when other legislation was in force. Union Pacific R. Co. v. Laramie Stock Yards, ante, p. 231 U. S. 190.

Section 860, Rev.Stat., although repealed before testimony was used, if in force when the testimony was given, protected the giver thereof from having it used against him in a criminal proceeding.

The use of testimony given by the bankrupt in a hearing before a commissioner to contradict his testimony given before the referee, in a trial on an indictment for perjury in giving the latter testimony, violates the immunity guaranteed under § 860 Rev.Stat., and the use thereof is reversible error

192 F.5d 8 reversed.

The facts, which involve the immunity of one examined in a bankruptcy proceeding prior to the repeal of § 860, Rev.Stat., from having his testimony used against him, and the construction of §§ 7 and 21a of the Bankruptcy Act, are stated in the opinion. chanrobles.com-red

Page 231 U. S. 714


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