The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-01
EQUAL GUILT
FOR BOTH SEXES
UNDER MANN ACT
Government Seeks to Hold
Women rs Well as Men
Responsible.
AIMS TO PUT \ STOP
TO THE BLACkMAILERS

WAsIriNGyuS. Dec. 3l.-.The Govern
mcnl &C. ks TO liz upon a woman trans
ported ftom ono state to another in viola
ton - tho Mann white slave act Joint
responsibility with the man who contrived
the violation. according TO a brief flied
Ia the supreme Court to-day
Tho case IS :, garded ~ OF the utmost
Importance. as the contention OF the Gov
eminent II upheld by :hc court will have
the eject OF making women involved in
white slave cases equally careful with the
men to prevent thor dcts from coming
under the scrutiny OF Federal authorities.
Tho Governments position, II upheld.
would also efectually prevent the use of
tine Mann act as weapon of bldckmail
on the part Of women who commit viola
tions
The Governments new attitude is adj
vanccd IN brief In the case against
Clara Hottie, who. 1t is charged. was trans
ported from Darlington m. 10 Milwaukee
WIS., for immoral purposes. The United
states Court tor tic Eastern District OF
Wisconsin held that the statutes involved
do not permit woman who was the
subject OF unlawful transportation though
guilty participant to be indicted as
consprator with the person who caused
her 10 he transported.
u Is on this point atone that the Gov
ernmcnts appeal IS made. the department
of Justice laying down the proposition
that the violation of the Mann act was
accepted as resul, Of conspiracy be.
tween the man involved and Clara Hottie
for which III" two may he indicted and
punished alike
would Decrease the cases.
The Application Of the principle thus ad-
vanccd would result iu a remarkable de-
crease in the uuuJo, OF cases brought
under the white slave act where no qucs.
ton of immoral traffic is involved II has
often been charged that the Governments
agents IN the past have drawn heavily
upon disappointed and Jealous women
with whoso aid it WIS hoped to convict
violators OF TN" Mann 49,
TINS alleged reliance upon women vio-
lators hts caused much dissatisfaction
with tho Mann act II has been 'benly
charged tH.t the fleet Of the law as now
culot,cd ID, to PVT the Government Ia
ptriu, snip riih blavhmaiiers. for It is ny
tlr,ttru.u- to- see the District Attorney
TIA; ..h'uliuS women have succeeded IN
eSiuuiuS money from th'ir victims in
many Instances.
Cu3lgC- jlt the Government enables
tho nIartmtlcr io ply her uadc hav"
been made by men indicted for violations
Of 'u. Nauu act Furthermore It has
bocu charged tnIt The Mann act has been
prr.c..'' INTO covering cases nf immoral
tty tlu % never was intended to cover
and tHt sunuid j." controlled 10y state
Laws,
" h'tornry.Geucral Mr. McReynolds
never suppressed himself publicly upon
these subjects, but 10 was widely be
l'ey,d that n. found the enforcement Of
the M'uu act iu many instances dis
tasteful TO him Apparently his success
Sor, Ir Gregory, shares his distaste Of
the collaboration 90 sch"Wiug women
ana special agents ot tho Department OF
Justice In working up white slave cases.
summary az the Rricf.
Hero is q summary Of the Govern
mcnts brief prepared az the Department
OF Justice:
The trial court held substantially that
the woman. being merely the object Of
the unlawful transportation could not he
indicted and punished for aiding and
assisting the man In transporting her
The court relied generally upon the
doctrine that where the commission OF
an act requires concert ~ action between
two or more persons such persons can
not be indicted for conspiracy to commit
the offence. Broadly stated il Is the
contention Of the Government that the
doctrine Is restricted to offences the com
mission OF which requires guilty COM
plicity OF two or more persons that is
TO say, each Of the persons must know
ingly join in doing the prohibited acts.
Under the white slave traffic act "A
woman may be transported by a man for
on immoral purpose without any guilty
completely on her part. In other words
she may be entirely ignorant OF his pur-
pose in transporting That being 50, y
she knowingly participates with him in
bringing about her transportation for an
immoral purpose then. under such cir
cumstances. the two may be indicted and
punished for conspiracy