The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-08-29
suprsule CeurS--spscial Term.

Before Den 5rdge Sutherland.
czzFexTANE- DECISION as no WHETHER PEosrIrurss
ARs yA9RANrs.
Acocsr 27-rris casa 10 one where csthsyine Forbes
var committed as vsgraut, In being prostitute The
ocuri decided that the prisoner dd not within the
'aremeoss Of tie vssrsnt set, and therefore ordered
her sechs-ge. me case came up writ Of naoeas
s-pus, and tire 5usge rendered the following de,sion-
The wsrdenoS the CITY Prison returns to the witt OF
haoess corpyr allowed by me n this matter copy OF
vic warrant sf commitment under which the prisoner
see received INTO his custody and BY virtue OF WHICH enc
held and detained $3.50
After bearing counsel aud after giving to the subject
the consideration called for, as taough oy
Ste great importance ard public interest, have come 70
No. conclusion that the warrant OF commitment, m b
lce, is absolutely yoid and that the prisoner "u'
xcharged the ground that i does net appear on tne
OF the commitment that the prisoner has oeen as
convicted Of being vasrsnt, or lndesu, 'na nv 80, Ia
been convicted or committed Tor any oueh0e VI 'i'"'
The question on the face Of the commitment arises IN
the manner Of comm tmen' tWhch is un
~ the hand and seal OF Mr. Qaskenbush one OF the po
lSce sces OF cty) not only N due form rectes the
Sens Sseropt but proceeds TO state and specify the
,s,s crcGrls conditions which made or const
.Ssl ne mrs BE- assumed that the eommssns mays
NAte determined that the prisoner was vasrapt.
he words Of the commitment are:-"wnereas Catoa
zoe FORBES stands charged, and is, on competent
beetnoDy made before me, lawfully convicted
81 being vagraut-in this, to wit That she is
yrce.tcte and vile person OF which conviction iTiGl
record N due form has been made and died. and appear
ms % for the aforesaid that she is vagrant
-snn me meaning OF the statute, &C. do dee lie aud
determine that she ne committed" g..
me commitment; then on its face presents this cues
tsou-Dd competent aud satisfactory test 0uy that tao
yreouer was common prostitute ani lie person artuo
her vcton ana comm tnient AZ vSgrau Ibere
Was no such common Jaw offence crime vagrancy
snd idleress. By certain statutes al persons coming
thin certain description defined aui declared oy tue
statutes are declared TO oe vasrants, and provision IS
made their trial. conviction and imprisonment We
have two such satutes By the revised ssatases
GA Rev Sta. SO, Cd all ldie persons VINO BOT
Vfef LA
Ave without employment; all persons wandering ABOUT
and lodging IN t,verns, groceries, or peer houses,
10 the open air, and not giving good account OF
themselves; g.! persons wandering abroad anu begging
or Who 10 about rom door 10 door, place themselves
III streets, highways or other public places 10 beg or
reeve aims shs be deemed vagrsLts Common prcsti-
eaes as named IN this statute, and although
they be- and are perhaps most likely to De or 70
Migrants within the description Of the statute,
vi beng vagran, under this statute, abe must be
VISITED not merely her confession but on competent
ony that she Ia common prostitute or an idle person
Tbs siaae does not declare common prostitutes Us
CHASE by name TO De vagrants nor does II declare ali
live without employment, aud yet have no means to
themselves By act passed January y, 1888
corSned IN ,s operations 70 the city Of New YORK "A
common prostitutes who have no lawful employment
whereby 20 iEtan themselves are declared Migrants
e presumed that the prisoner Cstnarine Forbes was
arrested and convicted under this act but by this act
comon prostitution e neither defined nor declared to be
crime BY ms act cersin class or description OF
prostitutes are declared 10 be vagrants Every
word which defines this class or makes part of this de
orription is material and important
The magistrate in acting under the act had no right 10
p1S 70 saw or determine that common prostituto IL
rnrrent Thin this oct merely because she s also idle
die person. without proof Of any other fact or cir
cumsAncc. TO be vagran within this act the com non
r-,stitu;e must be without any lawful employment
whereby TO maintain herself these words imply,
think connecting moro than being Idle, or in an idle con
dUIop an probably somethng more even than habtua
idleness They imply think, want of any lawful BY
cness occupation whereby TO sustain herself II
" Ola that sibstantaly the same words used in
the Rev sed siautes describing the kind class OF
tae persous declared 10 be Migrants mean something
rore than mere idleness otherwise the ,tatute would
declared al idle persons to be Migrants The object
OF ths no: 10 punish common prostitutes
o-rl OWL or 10 reform the individual but 10 protect the
vbc aga INST tLs crimes poverty, distress public bur
ihara which experience mas shown prostitution
craaer or lesds To-
These statutes declaring certain class or description
OF persons yasrants and authorizing their convection aud
Glars or des crpton Of be disorderiy
perso-r and authorizing their arrest as SUCH are in TACT
re,her or the nature Of public regulations 70 p,even,
-ne and public changes and burdens Than OF the na-
ware OF rdpary criminal laws prohibiting and Furnishing
- Get or acts a crime or crimes.
the condition Of person brings him within the de-
s7rson Of either OF the a",uses declaring VIVA, persons
vscred, wht her such condition is his misfortune or
Rn Eis Individual liSerty NUT yield 70 tne puohc
o. Ssssiiy or III, public coed but nothing but public ne
&C WHY * TIE floic good 81 Justify sne3c anu
lbe sa@Gary osnvlction wShout jury IN oerosaon OF
the .1fnrlon aw aatnorzea ~ mem ,ney are oo..'u
caref ,y lAva- of the Ieeziy Of the Citizen Their
d,scr NAs2 OF PERSONS VINO Ecu DC oeonca Nessh'
NSriS vasS- ana uncertain, gNos W zoe agis-
trsie in lSs' eNesuson al am =. ,, up.
for ABR sa-y s o s ssociJ hs s.n, s,
oh c-; tLErNe OF - sell''es % DC Acps
N ycw, u Ie inas. snol ue 49, S - see
before oon - - &c k 90 - - no,ss,, - b,
Nol.l, eltbet MS OF Ter Csnlcsslons or ny
eSrorH,sr, .sinony ~ come exactly within dc
pton a. Ss0i the (See opinion Of ian 1lis
Cg,.., Trs-, % Ne PeCpG Paillpe, Parkcrs CriWi
nsl r.noe,s ~ S5 So IL this case there is not the
"a. so,t Tor SGgpOslng Chat the comuihtng mags
49, pr,,il W NOT ia good fai;h, and with the
a. CIV OF co, xG.oatouEy tischargng his dtty But
NJ rr 81 10, NsV.sion has been pr0dacet, and by m
.irdavt made IN NE matter Z appears proeabt3 that
oue has been Qed n the CIess office OF the C5ur. Of