The Washington times., 1913-08-05

those pursuing this vile traffic for
profit.
immigration Report.
The report of the United States Imni-
grafton Commission, presented to Con-
gress December 10. 1903, on importing
women for immoral purposes" in re-
sponse to the same Senator's resolu-
ton in aid of the bill. discusses i'm
moral purposes" as synonymous with
and having reference only to prostitu-
ton.
The only decision of higher court in
regard to this act, that. could find on
nett VS.. L. s., 1874. Federal Reporter,
nage go. in the United States Circuit
Court of Appeals. in error from the
United States District Court for the
southern district of Ohio. This was
case where the keeper of a house of
prostitution in Cincinnati sent railroad
tickets to two girls in Chicago to come
and enter her house for that purpose.
and the only points decided were the
sustaining of the const!tutionality of the
law as beng a regulation OF interstate
commerce and not encroaching upon
the police power of the State and as TO
the effect of a misnomer of the de-
fendant.
Try To Construe Intent.
Judges endeavor to construe the law
in accordance with the intent of the
Legislature in passing it, and So as TO
effect the object for which it was en-
acted. 1t is always the duty of an ef-
ficient prosecuting officer to endeavOr
to inform himself as fully as possible as
to the intent and object of the law
making power in passing a criminal
statute in order that he may not in
stitute prosecutions under II which the
Tria a a m
10 be covered thereby, and instruct
acquitals for that reason. How vastly
important is ii then that the Attorney
general. under whose guidance and in
structions the numerous district at
tOrneys act, should form careful con-
illusions OF his own in this respect.
ACquittals in criminal cases, whether
by direction of the court, or by verdict
OF the jury, where the evidence would
seem to justify a conviction, unques-
tionably make it more difficult to Sc
cure convictions in future cases of a
similar character. II the judge. be-
fore whom the Diggs-CaminettI cases
are to be tried, snaIl construe this law
in the same way as attributed to the
Attorney General in the order referred
TO, he will sustain d motion by defend
ants counsel when the Government
rests. TO dismiss or INSTRUCT the jury
to acquit. 1t would seem probable.
from the report, that in the Cammlnetti
case, not a single witness has been
subpoenaed for the defense, that this
will be the line of defense upon which
they intend to rely.
An acquIttal from any cause in this
case now will not only render a convic-
ton in a State court for the same acts
harder TO obtain, but in the future II
will enable crafty and unprincipled at
torneys for defendants OF Lesser social
and political caliber. unQuestionably
guilty under this act, to make the plea
that the same law should apply alike to
the poor and humble as to the rich and
politically powerful and that, there
fore. their clients should 90 free.
Hence, If the foregoing view of the
law be correct and is in fact entertained
by Mr.. McReynOIds, II would seem that
the ends Of justice would best be SUBJ
served by dismissing these cases in the
United States courts and making sure
that they are prompt and vigorously
prosecuted in the State courts.
Opposing Interpretation.
As opposed to this Interpretation, how
ever. there is one decision OF the Su-
preme Court of the United States, under
the act of February 20. 1907 CU S. VS.
John Bitty. 2O8 L. S. Reports, page 1881
where II is decided that "a foreign
woman brought into the United States
as the personal, private mistress OF a
man living here was being imported
for other immoral purposes" the con-
victiOn Of the defendant was sustained
and the woman ordered to be deported
This prosecution was under a differ
ent act OF Congress, II is true and the
question of the deportation OF an alien
probably had some bearing upon the
decision; but ii must be borne in mind
that the wording of Sections . g. and 4
OF the White Slave Traffic Act" of
June 70, 1910. for the purposes of pros
titution or debauchery or for any other
immoral purpose" is identical with the
language of the act of February 90 1907
And, further. inasmuch as the same
language is used in following sections
of the White Slave Traffic Act in re-
gard TO the importation Of aliens, IL the
Supreme Court should feel bound by it's
preyious INTERPRETATION of the law N