The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1897-10-21

be naturally led to attack 1t through par
tisan habit or prejudice that The Pilot
desires to call attention to one particular
ly vicious enactment without ingulrlng
whether the legislature knew what 1T was
doing or was actuated by good or bad
motives. We refer to Chapter 1877 OF the
Laws of 1897. entitled IAN ACT relating
to hotels and lnns." The first section
provides that any person "who obtains
credit at any hotel or inn by use OF any
false show or pretense, or who after OBJ
tanning credit or accommodation at any
hotel or inn, sprreptitlcusly re-
moves his baggage therefrom without
paying for his food and ccommodatlop,"
shall be punished by fine or imprison-
ment. There is no harm done so far ex
capt the harm OF having an act purport-
ing to be for the benefit or protection of
limited class of citizens engaged IN a
specified business. That is an objection
although 1t is not serious, If, as mat
ter OF fact, a general statute makes sub
stantially the same provision for every
citizen, which is the case in this state.
The act SO far as we have quoted it adds
nothing to the law previously existing;
for there Is q general statute Furnishing
all persons who obtain money or goods
by any false pretense, token or device, or
who fraudulently remove or destroy
anything held by way OF mortgage or
pledge as security for adebt or obligation.
But there Is no question that harm is
done by the further provision of the same
section making IT a criminal offense pun
ishable by fine or imprisonment, for any
person to obtain "any food or sccommo-
datlon at any hotel or Inn without pay
ing therefor. except when credit is given
by cypress agreement, with intent to de-
| fraud the proprietor or manager thereof"
| Why is not a merchant, manufacturer or
| farmer entitled to the same rigorous rem
| edy when goods or property have been
procured by purchase from him without
| any express agreement as to credit and
| With the intent on the part OF the pur-
chaser to defraud? Again, the same sec
| ton makes one subject to punishment
| by the criminal arm of the law "who after
obtaining credit or accommodation at any
| fotel or Inn. absconds without pay
ing for his food and accommodation. y
This principle, if applied to all lines OF
business, would be complete readoption
of imprisonment for debt: species of
! cruelty of which we all supposed our laws
| had been purged and of which we thought
| the present age had become incapable
OF course the men who urged the enact
ment claimed that they were nder com.
pulsion OF law to receive guests at public
inns OF hotels and that they were, there
fore, entitled to some special remedies for
| the collection OF their debts. The argu-
ment is not sound for they do not need
| to give credit. To strangers they can
issue for cash paid down meal tickets
and room tickets. The inconvenience OF
tickets is not so great as they claim, for
1t is actually practIced in many hotels.
The difficulty of protecting themselves
by the leash system" is neither insupera-
BILE nor even serious. 1t Is certainly no
ground for the introduction of 80 can.
gerous precedent into our legislation.
Section of the act provides that the
party making complaint shall always
give security for costs before warrant
shall issue. This provision also is OBJ
noxious to wholesome and dlgnified adj
ministratIon of public law. No public
prosecution for crime or mlsdemeamor
should ever be instituted unless public
ends will be served by it, and when that
is the case the ability or inability of the
complainant to furnish security should
never be circumstance to aid or defeat
the proceeding. IL public ends will be
served, the public can afford to pay and
ought to pay the expense. This section
looks very much as if some legislative
committee had been wheedled into be.
lief that the enactment as a whole could
do no harm because the promoters of the
legislation saw fit to protect the public
treasurer.
The most serious wrong and injury is
found IN the third section of the act,
which provides that any such prosecution
may be settled at any time providing the
costs are paid The shame of 1t is that
this section advertises the fact that the
state has become collection agency for
hotel keepers; that it has consented to
use the machinery so carefully construct
I'D and placed IN its hands, not for the
repression OF crime and the protection of
the whole community, but for the en-.
forcement or civil obligations in favor Of
ve-y limited class of citizens. Although
We wonld ike to know, we will not ven
ture to guess, how much of the law would
be left # it were tested in the Supreme
Court. The victims of the law are ant TO
deserve aud secure little sympathy or
help from others, and besides are apt to
be without means OF making a test case.
1t Is not so much In their interest chat
we criticise the law as in the interest of a
UNIFORM, dignified and resolute admins.
tratlon by our courts of our criminal code
Tor public purposes only. The enactment
Is class legislation. 1t is od,ous mater.
nallsm. 1t converts our police conrts
into commercial enterprises Of low ord
or and is sure to make them greedy. crnel
and corrupt. 1t will surely be the fore
runner of further similar acts when some.
body else finds out that the state is in
the collection business" No,c is the
time TO stop. The act should be repealed.
THE Milwaukee Sentin G. he's lately rem
dered public service which deserves
recognition. The city of Milwaukee dur
ing the past few years has been operating