Also, in Baker v. Libbie, the court said: "From this general statement (of the rule) are to be excepted special instances, such as letters by an agent to or for his principal and others, where the conditions indicate that the property, in the form or expression, is in another than the writer." 2. Where private letters in the hands of a party other than the writer are required for the purpose of the administration of public justice according to the established institutions of the country, the courts will require them to be produced unless they would tend to incriminate the person required by law to produce them. This exception is well illustrated by the decision of the Circuit Court of Appeals, Fifth Circuit, in Newfield v. Ryan (1937) 91 fed. 2d, 700, involving two cases. In those cases the plaintiffs sued the defendant individually and as an employee and agent of the Securities and Exchange Commission to enjoin the enforcement of subpoenas duces tecum issued to the Postal and Western Union Telegraph Companies to produce copies of telegrams sent or received between January 1, 1937 and March 12, 1937 by the plaintiffs or their corporations relating to Class A common stock and certain oil leases and particularly those between certain named persons. The District Court granted the injunctions for the reason among others that the plaintiffs had a property right in the privacy of their telegrams and that the subpoenas were an attempt to deprive plaintiffs of their property without due process of law. The Circuit Court in reversing the decision and dismissing the suits, recognized the property rights of a sender in his communications but found that: "The facts, in short, make out a case in which the defendants, under the authority of a valid law, -4- |