The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-01-24
FOOD BY. FORCE
FOR MRS.BYRNE
Birth Control Hunger Striker
Won't Starve on Island,
Says Lewis.

Mrs. Ethel Byrne. the birth control ad
vocate who began her thirty day sem
tcnce on Blackwelrs Island yesterday.
has not eaten since Monday morning,
when she had cup of coffee in the Ray
mond Street Jail. She also refuses to
drink even water. She will keep up the
hunger strike until she dies or until she
is released, she said yesterday.
Burdette c. Lewis. Commissioner of
Correction, was not inclined to take her
seriously. but he said IL the physicians
reported she was dying he would order
her forcibly fed.
The birth control controversy was
iugged into the Federal Court yesterday.
While Mrs. Byrnc was enjoying the first
pangs of her hunger strike in a solitary
cell In the penitentiary her attorneys got
q writ of habeas corpus from Judge
Augustus n. Hand. Mrs. Byrne was
taken before Judge Hand, who after
hearing the argument that the section
under which she was convicted was un-
constitutional. refused to release her. II
was too late to get ner back to Black
wells Island. so she spent the night in
the Tombs. still continuing her hunger
strike.
Says She VIII starve.
They may put me in a dungeon, but
they cannot make me eat, and intend
TO keep up the hunger strike to the end -
Mrs. Byrne said as she was led away.
The next step in the attempts to free
the birth control ADVOCATE. who Is a
garet Sanger. will be the argument be.
fore Judge Cropsey in Brooklyn to-
morrow on a motion for a certificate oi
reasonable doubt Also an appeal from
Judge Hands ruling will be taken to tn,
United States Circuit Court OF Appeals.
Mrs. Byrne had an eventful day. She
was taken from the Raymond street jai
at o'clock in the morning. At Black
wells Island Mrs Byrne was a stubborn
prisoner. She refused to submit to tn,
usual medical examination and declined
food. She did put on the costume tn,
female prisoners wear. Her apparen
weakness and her continued refusal tt
eat alarmed the physicians and the,
were considering having her transferred
to the hospital. when the situation wa
relieved by the arrival of the writ fo
! her appearance in Federal Court.
In the meantime news of her hunge
strike had reached the Municipal Build
ing and Commissioner Lewis was aske,
| about II.
| ForcibIe Feeding Next.
81 have not paid much attention to Mrs
Byrne's threatened hunger strike" Mr.
I Lewis said. I'VE have had threats o
hunger strikes before. We have ha'
people who said they were on hunge
strikes; but we never had a real. homes
to goodness hunger strike. / do not ex
pect any trouble with Mrs. Byrne. II
however, the physicians report that Mrt
Byrne Is dying. and IL experts shoul,
say she must be fed to be kept alive, W
certainly shall feed her forcibly. Ad
vertising Is What she wants. and I vii
not help her to get It"
AS her lawyer put II. thu court pro
ceeding yesterday was initiated so tina
no one could say after the fight was a
over. "Why didn't you sue out a writ O
habeas corpus in the Federal court ?
He had hardly expected to gain by tn
move.
Judge Hand heard the arguments pa
tienuy. He read for the first time, h
said, Section l142 OF the Penal Code. VI
der which Mrs. Byrne was convicted.
at may he very unwise legislation,
Judge Hand told the lawyers, but
don't see how it can be unconstitutiona
1t is certainly within the police power
Remedy with Legislature.
Judge Hand dismissed the writ an
} Mr.. Goldstein, attorney for Mrs. Byrn
asked the court to parole or bail Mr.
Byrne pending an appeal. Judge Han
} refused again.
II have no right" he said. ito intel
fere with the State court in that wa
) and I am not going to do it. This coul
| Is not for the purpose of having peop
run over from the State courts whe
they don't like the practice in the Sta
, courts. The Supreme Court has disal
proved of that practice"
Harry q. Anderson. Assistant Distri
: Attorney of Kings. appeared to pie sd II
z the dismissal OF the writ,
When the argument was over Mr.
Byrne was led away to the Tombs. Th
4 morning she will 60 back to BLACKWELL