The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-03-07
My HOLD jAcrS ''I)GS. >
COURT DEFINES RIasHTs or BOARD
IS0-uoUsE H1EEPERs.
erred Claim 81 PsaciAc Coast seA-
Aen-oeisaFe ~ ClotAing for
Beard and LoagEng Net . Criae.

The right Of the keeper OF sailors
boarding house 20 retain the clothing Of
seaman 70 secure the payment OF board
and lodging Was yesterday upheld by
Judge Hanford n the case OF tho United
States Va Jane Doe Younger. the rropri-
esor Of Po-t B.akeley hotel
The case waa brought 10 test In court
the claim which has ever been urged by
seanen in the Pacific coast catisa that the
Withholding Of their clothing by boarding.
house keepers was n crime punishable by
the laws Of the United States. and District
Attorney Gay 4sied complaint against the
Younger woman. whose true name could
not be ascertained. charging her with the
alleged crime on Information OF a MEM
Der OF the Sailors Union. and asked that
q bench warrant for the defendants az
rest be issued
Yesterday Judge HAnfcrd handed down
written opinion refusing the warrant on
the ground that the Imprisonment cs the
defendant for withholding the clothing
would be practically an imprisonment for
debt. Forbidden under the constitution
The text Of the opinion Ia as follows:
In this case the United States attorney
has filed an information charging that
the defendant did usaiawfully deialn the
statute OF the United States In such case
made and provided. and has moved the
court. ore ienus. TO order a bench war
rant to issue for the arrest Of the defend
ant Tna information Is founded upon
chapter 81. vol Is. u. s. Stats. p. CO...
which provides:
That the clothing OF any seaman shall
be exempt from attachment and that any
person who shall detain such clothing
when demanded by the owner shall 10
liable to a penalty Of not exceeding $l0a
And II Is proposed to prosecute tho case
for the recovery OF the penalty In tha
manner and by the forms OF procedure
appropriate in criminal cases, and the
purpose OF this motion for process IL to
subject the defendant TO imprisonment.
or compel her TO give ball for her appear
auce while the case shall be pending. Tho
statute. however. does not declare the act
OF the defendant to be a crime, nor au-
thortxe procedure OF criminal nature
for the purpose Of recovering the penalty.
Blackstone. after saying in effect that,
on the principle q an implied original con-
tract TO submit 10 the rules Of tho COM
munlty whereof We are members. for
feiture imposed by law or an amercsmens
Immediately creates a debt IN the eye of
the law, and such forfeiture or ameree-
nnent. IL unpaid. works an injury 10 the
party or parties intended 70 receive it.
for which the remedy il by an action OF
debt, then proceeds 90 follows.
Tho same reason may with equal nus
tice be applied 10 all penal statutes: that
Is, such acts Of parliament whereby a for
feiture IL inflicted for transgrcssgng the
provisions therein enacted. The party of
Tending Is here bound. by the fundamental
contract OF society, 10 obey the direction
OF the legislature, and pay the forfeiture
incurred ~ such persons as the law re-
cslires.'-s Wend. Black. Comm. ISL
Mr.. Justice Thompson. in the case OF
Stearns vs.. The United States, Federal
cases, No. 1a34l, says.
factions for penalties are civi! actions
both In form and In substance. according
to Blackstone. The action Is founded up
| on that implied contract which every per-
son enters into with the state to ohservs
| It's laws
zine supreme court has held that clvi
| action Is the proper method OF proceed
| ing to recover penalties imposed by acts
| OF congress. Stockwen vs. O. s., IL Wall
| S31-SS3: Chaffee vs.. U. s.. Is WALL, sIe-54s
"Section go, United States Revisef
| Statutes, provides that No person shall b1
| imprisoned for debt In any state. on pro
cess issuing from q court of the United
| States. where, by the laws OF such state
| imprisonment for debt has been or shat
be abolished
The constitution and lava Of this state
| have abolished Imprisonment for debt
within this state. and as the authorities
| including the decisions of the supreme
court OF the United States. ho.d that a
| penalty when Incurred by the transgrcs-
sion OF statute becomes Immediately a
| debt therefore, cases in which the govern.
| ment proceeds for penalties come within
two positive rules one Of which prescrsbes
civil action as the proper remedy; and
the other forhlds Use OF the harsh method
os imprisonment For these reasons. the
| request OF tina United States attorney fos
bench warrant must be denied"