The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-09-02
McREYNoLDs ON MANN ACT.

II will be remembered that Judge
Van Fleet in the trial of the Diggs
case in San Francisco ruled that the
Mann "white slave" act applies ire
spectivc of the point whether the evils
against which the legislation was made
are commercializcd' or not. That
| is, that ii is not necessary to show in
such case that the persons who lure
women from one State to another for
immoral purposes do this to make
whether they intend to sell the women
into "wbitc slavery or whether the
chief design is for the qualification Of
Illicit passion. The law, declares Judge
Van Fleet in effect, is not directed es-
pecially at the money part Of this i'm
morality, but against the immortality
itself
The appropriateness of this interDre.
tation Of the law is apparent to every
one, The necessity that the law shall
| be so interpreted in order TO be of
| practical validity or force is plain to
| ter for a moment; for if the accused in
such case were allowed to plead that
there was no money in the business,
that he was not commerciali2ing vice.
that he was merely gratifying his law
less desires, there would be no lack Of
evidence offered to disprove any idea
that money was connected with any
sort Of case that might arise under the
law. The immortality involved would
be minor question compared to the
main question as to the money and
profit. Manifestly this would be a de-
cidedly undesirable construction Of the
law, and would afford too many oppor-
tunlties to absolutely invaldate the eff
fects Of the statute Under Judge Van
Fleet 8 ruling, no plea that profit was
not made in the transaction, no ex-
cuse that the "white slave" was not
sold for money, can come in: but un-
der the commercial ruling, it would be
necessary to show that profit was made
and money involved And so the law
would be annulled by testimony. per.
jured and otherwise, in such way as
to generally defeat any suit that
might be brought.
And yet, it is stated that Attorney
General McReynolds insists that this
very distinction, which would be de-
structive of the law, must be kept in
mind, and that he will not favor the
bringing of suits in any cases where
1T cannot be shown that the question
involves the actual traffic in women |
for immoral purposes; and where the
actual "white slavery under which |
women are brought for commercial pur-
poses from one State TO another is not
shown. In taking this view, Attorney
General McReynolds expressly ignores |
or overrides the decision of Judge Van
Fleet, and incidentally he makes him
self tremendously valuable ally to
the ''white slavers,' for it will not be
difficult for them to show in most
cases that their vice was not CONNER.
cialized, and that the Interpretation of
the Mann act as made by Attorney
General McRcynolds exculpates them
from all blame under the law. This
veiw Of his may explain the small inn
portance which he attached 10 the
briggs. Caminetti cases.
Another view of the matter is, and
this Is frequently expressed in the
Eastern newspapers, that the State Of
California ought 10 have been able TO
deal with those cases under it's police
powers. But the case as made was
entirely outside of the jurisdiction OF
California; for California has no iurls.
diction over illegal acts committed in
Nevada. The idea that the States arc
sufficient in themselves TO deal with
such cases as these of Diggs and Cam
inetti, utterly fails when confronted
with the actual facts of these cases
If the offense against the law. AS
proved, had been committed in Cali.
fornia, then that position would be
sound; but since the ofrense as proved
was committed IN Nevada and not in
the argument that Cali
fornia should deal with the case as
State must necessarily break down.
The whole question resolves itself
simply into this: Shall the Mann act
be construed as an act to preserve
morality and decencv, or is it directed
simply against the money traffic in
this sort OF crime! If the latter. then
the law might about as well not have
been passed. If the former, then Judge