Omaha daily bee., 1917-01-16
Mann SLAVE ACT.
NOT LIMITED *
VICE FOR '=:>'f|T
Supreme Cor & les That
Prosecutions Le$ r the Law
Include Personal Immoral
Escapades,
THREE JUSTICES DISSENT
White, McKenna, Clark Hold 1t
Applies Only to Cases With
Commercialized Element.
CAMMINETTI CASE UPHELD
THREE JUSTICES DISSENT
cAMMINETTl CASE UPHELD

w Washington, Jan, lS.-IlteTpTelHlS
the Mann white slave law. the su-
preme court today decided that prose
cutions under the law for transport
ing women in interstate commerce
are not limited to commcrcialized
vice and include personal immoral
cseapades. Conviction OF F. Drew
Caminetti and Maury |. Diggs OF
Sacramento was affirmed.
The court was divided. The ma
jority opinion was given by Justice
Day. Chief Justice White and JUS
tices McKenna and Clarke dissented.
Justice McReynolds took no part in
consideration of the cases.
"The plain terms of the act must
take precedence over the designation
and the report that accompanied it
to congress-" said Justice Day. 1T is
said it will open the door to black
mail, but that is 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"
Following interpretation of the
Mann act the court also affirmed con-
viction of L. T. Rays of Alva, Oil.
Opinion of Justice Day.
Justice Days majority opinion said:
in none of the cases was it charged
or proved that the transportation (of
the women involved) was for gain or
for the purpose of furnishing women
for prostitution for hire.
There is no ambiguity in the terms
of this act. 1t is elementary that the
meaning OF statute must, in the first
instance, be sought in the language of
the act as framed and if that is plain
the sole function of the courts is to
enforce it according to its terms.
TO cause a woman to be trans
ported for debauchery or for an I'M
moral purpose, for which Diggs and
Camnetti were convicted, would seem
by the very statements of the facts
to embrace transportation for pur-
poses denounced by the act. While
such immoral purpose, would-be mere
culpable in morals, if accompanied
with expectation of gain, such con-
siderations de-not prevent the lesser
offense against morals from the exc
cution of purposes within the mean
ing Of the law. To say TO the, con-
trary would shock the common under
standing of what constitutes all im-
moral purpose"
Whether the women involved be-
come technically accomplices, ar
gued in behalf of the three defend
ants, was not decided by the court. 1t
disposed of that feature as follows:
1T is urged as further ground of
reversal of the judgments below the
trial court did not instruct the jury
that the testimony of the two girls
was that of accomplices and to be
received with great caution and be-
lieved only when corroborated by
other testimony adduced in the
case.
while this is so, there is no abso-
lutte rule of law preventing convic-
tons on this testimony of accom-
plices if juries believe them"
In conclusion. the court said
Much, is said about the character
Of the testimony adduced and as TO
certain facts tending to establish the
guilt or innocence of the accused. |
This court does not weigh the cvi-
dence in proceeding of this charac-
ter, and it is enough to say that there
was substantial testimony tending to
support the verdicts rendered in the
trial courts"
History Of Litigation.
Although the supreme court had
previously upheld constitutionality of
the Mann white slave law, the ques-
ton of whether it prohibits interstate
transportation of women only for
commercialized vice or applies to
mere personal immoral escapades
having no element Of commercialism
or coercion has been disputed ever
since the laws enactment.
Interpretation by the supreme, court
Of the disputed point was asked in the |
celebrated gs-Caminetti cases and /
in the case of L. T. Hays of Alva,
Okl. In all three cases the govern
ment conceded there was no element
Of traffic for gain.