Suffragists -- United States; Women -- Suffrage -- United States
In August, 1917, when it was clear that the policy of imprisoning
suffragists would be continued indefinitely, and under longer
sentences, the next three groups of pickets to be arrested asked for a
decision from the highest court, the District Court of Appeals. Unlike
other police courts in the country, there is no absolute right of
appeal-from the Police Court of the District of Columbia. Justice Robb,
of the District Court of Appeals, after granting two appeals, refused
to grant any more, upon the ground that he had discretionary power to
grant or withhold an appeal. When further right of appeal was denied
us, and when the Administration persisted in arresting us, we were
compelled either to stop picketing or go to prison.
The first appealed case was heard by the Court of Appeals on January 8,
1918, and the decision[1] handed down in favor of the defendants on
March 4, 1918. This decision was concurred in by all three judges, one
of whom was appointed by President Wilson, a second by President
Roosevelt and the third by President Taft.
[1] See Hunter vs. District of Columbia, 47 App. Cas. (D. C.) p. 406.
In effect the decision declared that every one of the 218 suffragists
arrested up to that time was illegally arrested, illegally convicted,
and illegally imprisoned. The whole policy of the Administration in
arresting women was by this decision held up to the world as lawless.
The women could, if they had chosen, have filed suits for damages for
false arrest and imprisonment at once.
The appeal cases of the other pickets were ordered dismissed and
stricken from the records. Dudley Field Malone was chief counsel in the
appeal.
Another example of ethical, if not legal lawlessness, was shown by the
Administration in the following incident. Throughout the summer and
early autumn we had continued to press for an investigation of
conditions at Occoquan, promised almost four months earlier.
October 2nd was the date finally set for an investigation to be held in
the District Building before the District Board of Charities. Armed
with 18 affidavits and a score of witnesses as to the actual conditions
at Occoquan, Attorney Samuel C. Brent and Judge J. K. N. Norton, both
of Alexandria, Virginia, acting as counsel with Mr. Malone, appeared
before the Board on the opening day and asked to be allowed to present
their evidence. They were told by the Board conducting the
investigation that this was merely “an inquiry into the workhouse
conditions and therefore would be held in secret without reporters or
outsiders present.” The attorneys demanded a public hearing, and
insisted that the question was of such momentous importance that the
public was entitled to hear both sides of it. They were told they might
submit in writing any evidence they wished to bring before the Board.
They refused to produce testimony for a “star chamber proceeding,” and
refused to allow their witnesses to be heard unless they could be heard
in public.
Public-domain text, read in full here on John Shaqi.
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