The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-01-15


and the report that accompanied II to
congress-" said Justice Day. 1t Is
said IL will open the door 20 black
mail but that IN to be considered by
congress. We think the power OF
congress to regulate transportation
OF passengers affords ample basis to
exercise authority IN the case Of this
statute.
The Minority Opinion.
Justice Days majority opinion
said: In none OF the cases was II
charged or proved that the Tanspor-
tauon (of women involved) was for
gain or for the purpose of furnish
sng women for prostitution for hire.
There is no ambiguity In the terms
OF this vet. II is elementary that the
meaning of statute must ia the first
instance be sought in the language of
the act as framed and II that ls plain
the sole function OF the courts Is to
enforce II according 10 its terms.
To cause a woman to be trans
ported for debauchery or for an inn
moral purpose, Tor which Diggs and
lCaminetti were convicted, would seem
by the very statement of the facts 10
embrace transportation for purposes
denounced by the act While such
immoral purpose would be moro cul-
pablo ia morals II accompanied with
the expectation Of gain. such con-
Isidcratious do not prevent the lesser
oncnsc against morals from the ex-
ccution of purposes within the mean
iug Of the law. To say 20 the con-
.dcrstauding of what constitutes aii
Immoral purpose.
Whether the women involved be-
, come technically accomplices. arr
gued In behalf OF the three defend
iants. was NOT directly decided by the
i court.
Although the supreme court ha'
previously upheld constitutiOnalily 90
the Mann white slave law, the question
OF whether It prohibits interstate
transportation of women only 70
commrrcialized vice or applies 10 mer'
lpcrsonai immoral cscapdes having ~
, element Of cummercialisn or coercion
has been disputed ever since the law
enactment
4 Interpretation by the supreme cnur
. OF the disputed point was asked la tn
celebrated Diggs-Caminctti eases AM
in the ease OF l.. r Hays. of Alva. OK
Dee. in all thrrc cases, the government
conceded, there was no element q
untfIr tor gain.
taminetti was sentcEced e. l
, months Imprisonment and fined 81,
900, Diggs To two years and o S2,00
fine Hays had an IL months priso
ls'utoncc. Al have been at libert
under bail
Opinions Have Differed.
' Lower federal courts. and differer
administrations of the department 4
Justice have differed over the laws IL
T. depreciation .arious womeu's clui
land other organizations have agitate
l for pu Interpretation tu curb all iu
b morality, whether commercial or no
% Two other important question
s raised we're whether women were a'
e complies and whether men might
con, icted solely upon wumun's ul
s. Dorroboratod testimony
20 while Disgs and Caminctu volul
"a urily gave some testimony they O.
fused some further testimony and a
h trial Judge instructed the jury Co cul
be- slider such refusal m reaching the
10 verdict Digs ana taminetu cuuten
.. ED that yiolutng the constitution
4. clause cNrmpting persons from tes
nug against themselves The Nin
- federal circuit court, however. he
that under various precodcnts, q
'uHl courts charge was Justified, q
defendants trstilying voluntarily IA
only loo part
Tho defendants contcndcd that co
II press never Intended go include. wi
classification as frluuics, often
which are misdemeanurs In most stat
Aut aimed the laW against perSu