Evening star., 1944-07-28
Government Seeks
Rehearing in Case
OF Carmen Beach
From Yesterdays Last Edition. ]


United States Attorney Edward
M. Curran this afternoon filed q
motion in the Court OF Appeals
asking for a rehearing in the
case Of Carmen Beach, whose
District Court conviction on a
Mann Act charge was set aside
by the appellate court Monday.
In setting aside the conviction the
higher court held that the Mann
Act does not apply to transporta-
ton of women for immoral pur-
poses within the District of CO.
lumbia.
In the motion for q rehearing
signed by Mr.. Curran and Assistant
United States Attorney Bernard
Margolius, it is claimed that Con.
gress intended the act to apply to
transportation within the District
and that the language is clear.
The motion asks that the rehear-
ing be held before the full appellate
court of five justices. Only three
sat in the case before and Chief
Justice D. Lawrence Groner wrote
the majority opinion.
The Court of Appeals has issued
an order authorizing the Beach
woman's release on $500 bail,
pending further procedure in the
case.
Quote Star Editorial.
Today's motion quoted an editorial
IN The Star Of Tuesday as follows:
IF the courts are to assume the
right to veto a clearly expressed
congressional intent because they
deem it unwise, how may Congress
legislate with any assurance that
its presumably controlling wishes
will be respected?"
Quoting from the dissenting
opinion written in the Beach case
by Justice Henry w. Edgerton, the
motion declares: The Mann Act.
as Mr.. Justice Edgerton so clearly
points out, outlaws transportation
OF any woman or girl for the pur-
pose OF prostitution, interstate or
foreign commerce, or in any terri
tory or In the District of Colum-
bia.'"
At another point the motion said
This courts construction of the
Mann Act, however, necessarily
convicts Congress of doing a wholly
useless and unnecessary thing in
employing language clear in its
Implication and meaning but which.
says the court, has no meaning at
all and is but superf1uous."
No Local Statute.
Elsewhere the motion said:
The statement of the court that
Congress could not have intended to
have the White Slave Act to apply
to the District because there are
purely local laws covering the sub
Ject, it is respectfully submitted as
not persuasive as a reason for re-
fusing to give effect to the plain
meaning of the act. AS the dissent
ing opinion points out, there is no
local statute identical with the
Mann Act and the element of trans
portation found in the Mann Act
Is absent from the local statutes"
In asking for the rehearing the
motion points to what it terms "the
strong condemnation of the major
ity opinion" in the dissenting opin-
ion written by Justice Edgerton
while it is true that the circum-
stances should and must be unusual
to warrant the granting such a re-
quest" the motion said, 1T Is sub
mitted that the present case is sur
rounded by such circumstances. The
decision of the court is two to-one
decision. The dissenting opinion
rendered by a member of this court
is couched in such strong and crit
lcal language that the Government
feels that a request for rehearing
before the full court is justified"
The motion also says that three
justices of the District Court have
held that the Mann Act applies to
TRANSPORTATION within the District