Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-13
The Middle of
the Mann Act
By REV. G. F. AKED.


has been made by a Fed
eral judge. He is reported as say
ing that, while the law must be
enforced and that 1t is his inten-
ton to enforce 1t, the court Is
under obligation to take into ac-
count the distinctions between
those who are guilty of immor-
atty and those who traffic in
women and girls. This distinc-
ton, the judge said, must be
marked by the sentences i'm
posed. The man who is guilty
Of the lesser offense must re-
ceive the lighter punishment.
If the judge in question is cor
rectly reported, he is to be warm
ly commended. If he carries ont
his announced policy, and, still
more, if he can bring about
general understanding of this ma
ture among Federal judges, he
and his colleagues will be &C
corded the support of public opin-
ion. Degrees of guilt must be
noted. There is no reason why
the immoral man should be al
lowed to practice his immortality
with impunity. Nobody but an
immoral person sympathizes with
him when he is caught. The law
must not make it easy for him
to sin.
But unless the law is "a hass
and a hidiot," as Bundle said It
was-or Dickens for him-then
the law must distinguish be-
tween this type of immoral per-
son and the scoundrels who daily
and nightly trail girl, hunt her
down, seize her by violence or Sc
duce her by fraud, sell her for
money, and hold her in actual
slavery.
Under the Mann act no distinc-
ton is made. Both classes are,
within the terms of the statute,
white slavers," and all, within
the discretion of the judge, are
liable to the same penalty. This
is absurd. 1t is not to the credit
of American lawmaking that the
muddle of the Mann act has been
created.
Discussion of the meaning Of
the act is futile. The question is:
Do they wish the matter to re-
main unsettled? For the SUI
preme Court, in unfolding the
construction placed upon the law
by the lower courts, has used
language which points to the
original purpose of the act. That
court speaks of taking away the
facility afforded by interstate
traffic for the systematic entice-
ment to and the enslavement in
prostitution and debauchery of
women and more insistently Of
girls" (Hoke and Econonidies
vs.. the United States)
1t has been freely and con-
stantly asserted that during the
passage of the bill through Con-
gress its scope was widened so as
to include offenses not at first
contemplated by the promoters Of
the measure. Newspapers all over
the country have said this. Law
yers have said it. A judge has
said it from the bench-or has
been grossly unsupported. The
present writer, in all good faith,
has accepted the statement at the
hands Of a Federal judge and
made himself responsible for add
ed publicity given to it.
Judge VanFleet, one Of the
ablest of the Federal judges, pre-
siding in the Diggs case, is re-
ported by the daily press Of this
city as saying, in reply to the
contention of counsel for the de-
Tense, that the law was not in
tended to cover such cases.
Il am familiar with that. I am
entirely with you that the ex-
treme offense contemplated is
trafticking In women for purposes
Of gain When Mr.. Mann intro
duced the bill and made a report
on II, the measure related solely
to traffic in women transported
solely for the purposes Of prosti-
tuition and gain. In its next to
the last section 1t is called the
white slave act. But in its
passage through Congress it was
broadened to cover other kinds Of
immortality though its entitle-
ment was left and gave rise TO
much misapprehension"
This, within the last few DAYS.
Mr. Mann has himself indignant
ly denied He declares that the
statement that the measure was
broadened in its passage through
Congress is without foundation
i is eminently desirable that
the matter should be cleared IN.
It ought not to he left where II
is. Some capable lawyer should
read all the reports of the discus
sion attending all the stages OF
the passage of the bill into law.
II Judge VanFleet was wrong, If
Mr. Mann's present denial can be
supported by facts. then the
drafting OF the bill is nothing less
than a scandal. The feeblest lit I
tie backwoods lawyer could have
saved Mr. Mann from the lum-
bering absurdities of the act
which bears his name.
Cases which are not cases Of