Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-18
'STAY0F EXECUTION
GRANTED BY COURT
Counsel for Diggs and Can't
netti viii Appeal Their
Cases.

SAN FRANCISCO, September 1S.-After
Digs and Caminetti were sentenced yes
terday afternoon for violating the act
against white slave traffic, the former to
two years in the penitentiary and $4,000
fine and the latter to eighteen months and
81 500 fine, the usual motions for a new
trials and for arrest of judgment were de-
MED. Judge Van Fleet granted, however,
stay Of execution for ten days. during
which the defendants will be out on bail
fixed at $4,000 and $4,000. respectively,
while their counsel are perfecting an APP
peal to the United States circuit court o.
appeals for a writ of reversible error,
| which, If granted, would entail new
| trials.
Objections to San Quentin.
| In designating the prison where sen
| tence should be executed, Judge Van
Fleet Of the United States district court
drst named San Quentin penitentary, a
| state institution. When objection was
made to San Quentin, where Diggs and
| Caminetti would associate with house.
breakers, highwaymen and pickpockets,
| he amended the sentence to read Nc
| Neil Island. subject to the concurrence
| of the attorney general, which he did
not doubt he should obtain.
| Diggs and Camtnetti seemed uncon-
| cerned when sentence was pronounced:
A few minutes after they laughed and
| chatted with the newspaper men over
| their plight.
and the wife and father of Diggs were
in court. The mother and father listened
| with bowed heads to Judge Van Fleets
words. Mrs. Diggs stared blankly at
the judge, giving no sign that she
realized what his words meant.
"Crime Of Opportunity"
This was a crime of opportunity"
said Judge Van Fleet in passing SEN
tence. Il mean that the laxity of social
conditions and the lack Of parental con-
troll made it possible.
Il wish to say that all through this
case there is the evidence that drink
morals and the minds OF these men and
the young girls with whom they went
on that trip to Reno; The terrible, de-
paadhose is toe a sne
and I make the observation here that
society must pay the price for permit
ting the existence Of these highly OBJ
jectionable places.
Cases Not Grave as Some.
This does not help me to exculpate
these defendants. I agree with counsel
by these men Of the court can be per-
mitted to refer to degrees Of this crime
where the Mann act fails toy is not as
grave as in cases where men transport
women from one state to another for
purposes of gain. The act originally did
net contemplate cases Of this character,
nor was it the intention OF Represent
alive Mann, as expressed to the congress
sional committee in explaining the
original bill, that it should.
But Congress in passing the bill add
ed that any transportation for any i'm
moral act where the woman transported
was openly exposed to debauchery should
be unlawful, and that brought these
cases within the purview Of the statute.
Congress failed to alter the last por-
ton of the act. which gave the statute
it's common name, the white slave trafhc
act and in so failing left the means by
which the general misunderstanding and
nlisinterpretation have come about
The court then passed sentence.