Legal Opinion

Bennett v. United States

Court of Appeals for the Sixth Circuit

Decided March 5, 1912No. 2,178PublishedCited by 25 opinions

In Error to the District -Court of the United States for the Southern District of Ohio. Della Bennett was convicted of violation of the white slave act, and she brings error. Respondent was, upon her plea of not guilty, convicted of violating the act of .Tune 25, 1010. commonly known as the “White Slave Act.”

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In Error to the District -Court of the United States for the Southern District of Ohio. Della Bennett was convicted of violation of the white slave act, and she brings error. Respondent was, upon her plea of not guilty, convicted of violating the act of .Tune 25, 1010. commonly known as the “White Slave Act.” The testimony indicated that she was the. keeper of a house of prostitution in Cincinnati; that in the summer of 1010, a former inmate of her house, then known to her by the name of Jeanette Clark, was In a similar house in Chicago; that respondent sent to Jeanette Clark several letters…

1Opinion of the CourtDenison, Circuit Judge

(after stating the facts as above). It is clear that the power of Congress to pass this statute must be found in its power to regulate commerce. The arguments of counsel for plaintiff in error, as we understand them, are that commodities only, and not persons, can be the subject of commerce; that persons cannot be prohibited from traveling from one state to another because of some intention they may have; that the woman herself is not by this act forbidden to travel, and it cannot be a criminal act to aid an unforbidden act; and that the law is an invasion of the police powers of the states.

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2Cases cited6 opinions

  1. Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
  2. Lottery CaseSupreme Court of the United States · 1903
  3. Claassen v. United StatesSupreme Court of the United States · 1891
  4. Covington & Cincinnati Bridge Co. v. KentuckySupreme Court of the United States · 1894
  5. Hardesty v. United StatesCourt of Appeals for the Sixth Circuit · 1909

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3Cited by25 opinions

  1. Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
  2. Mathews v. United StatesCourt of Appeals for the Eighth Circuit · 1926
  3. Galbreath v. United StatesCourt of Appeals for the Sixth Circuit · 1918
  4. Hocking Valley Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1914
  5. Goldstein v. United StatesCourt of Appeals for the Ninth Circuit · 1934

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