The Hawaiian gazette., 1917-01-16
.SUPREMETR|DUNALs
. UPA|0)LD[!S'MI!A||N|Nl|AI A
Finds Maury !. Digos and Drew
Caminetti Guilty Of violat-
.... ing the Statute g..
fooncluded Prom Page /

Concluded from Page
United States. Following the notofiety
resulting, orders were received In Cali.
fornia from Washington TO proceed
with the prosecution Of Diggs and
Caminetti. 4 F hhnEt
upholds the Law
Although the supreme court had
previously upheld e0nstitutionality Of
the Mann White Slave law, the ques-
ton Of whether Il prohibits interstate
transportation of women only for com.
mereialized vice or applies to mere per
sonal immoral escapades having no Gle
ment Of commerciaIism or coercion has
been disputed ever since the laws enact
ment.
Interpretation by the Supreme Court
Of the disputed point was asked in the
celebrated Diggs .Caminetti cases and
in the east OF l., r. Hays, OF AlSa,
Oklahoma. In all three cases, the gov
eminent conceded, there was no ele.
ment Of traffic for gain.
Caminetti was sentenced TO eighteen
months imprisonment and fined $500;
Diggs, to two years and a $4,000 fine.
Hays had an eighteen months prison
sentence. All have been at liberty un.
der bail.
Lower federal courts and different
administrations of the department of
Justice have differed over the laws in.
depreciation. Various women q clubs
ana other organizations have agitated
for an Interpretation to curb all i'm,
morality, whether commercial or not.
Two other important questions raised
were whether women were accom-.
plices and whether men might be con.
vieted solely upon woman 3 uncor.
roborated testimony.
While Diggs and Caminetti voluntar.
lily gave some testimony, they refused
some further testimony, and the trial
judge instructed the jury to consider
such refusal in reaching their verdict.
Digs and Caminetti commended that
violated the constitutional clause ex.
empting persons from testifying
against themselves. The ninth federal
circuit court, however, held that, under
various precedents, the trial court q
charge was justified, the defendants
testifying voluntarily but only in part.
Aims OF Bill Disputed ..,,7s :
The defendants contended that con-
gress never intended to include, with
classification as felohies, offenses which
are misdemeanors in most States, but
aimed the law against persons trans.
porting women victims in commercial.
lied white slave traffic. 81. =.
Although Attorney General Wicker.
sham, in Office when the law was pass.
ed, ruled that IL did not apply to per
sonal eseapades, the succeeding admin.
istration held otherwise. I The second,
seventh, eighth and ninth federal cir.
cult courts of appeal have sustained
the broader Interpretation, while other
federal courts have held only for the
commercial construction. = 81 rs
Diggs and Caminetti were tried and
convicted separately, the former on
August 20, 1913, and the latter on Sep.
TENDER s, 1913. Their cases were con.
solidated and affirmed March Is, 1915,
by the ninth circuit court. In the Su.
preme Court all three eases were ad,
,yanced, both sides desiring early set.
Element of the disputed Questions, and
argued together in November 1916, As
sistant Attorney General Wallace rep.
resenting the government and former
Senator Bailey of Texas, Marshall B.
Woodwork of San tFrancisco and Har.
ry o. Chaser of Enid Oklahoma, the
defendants.
Justice MeReyholds took no part in
considering the three cases, being dis,
qualified in having been attorney gene
raj during prosecution of the three de.
PENDANTS.
Upon the Supreme Courts decision
future prosecutions under the Mann
Act are dependant, including several
persons under Indictment and awaiting
trial, including Jack johnson, the ne
gro pugilist, convicted at Chicago in
1913. johnson now is a fugitive from
justice in Europe.