142 U.S. 547, 12 S. Ct. 195, 35 L. Ed. 1110
Charles Counselman was called to testify before a grand jury investigating violations of the Interstate Commerce Act.1 The grand jury inquired into whether officers and agents of railroad companies had granted shippers rates less than the tariff rates, an offense punishable by fine and imprisonment.2 Counselman refused to answer questions on the ground that his answers might tend to criminate him.3
The Circuit Court held that section 860 of the Revised Statutes protected Counselman to the same extent as the Fifth Amendment.4 Under that section, no discovery or evidence obtained from a witness by judicial proceeding could be used against him in any criminal proceeding.5 The court concluded that Counselman's refusal was not justified because his testimony could not be used against him directly.6
Counselman appealed the denial of his petition for a writ of habeas corpus to the Supreme Court of the United States.7