Jailed for Freedom Part 37

With extraordinary swiftness the Administration's almost

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incredible policy of intimidation had collapsed. Miss Paul had been given the maximum sentence of seven months, and at the end of five weeks the Administration was forced to acknowledge defeat. They were in a most unenviable position. If she and her comrades had offended in such degree as to warrant so cruel a sentence, (with such base stupidity on their part in administering it) she most certainly deserved to be detained for the full sentence. The truth is, every idea of theirs had been subordinated to the one desire of stopping the picketing agitation. To this end they had exhausted all their weapons of force.

From my conversation and correspondence with Dr. White, it is clear that as an alienist he did not make the slightest allegation to warrant removing Miss Paul to the psychopathic ward. On the contrary he wrote, "I felt myself in the presence of an unusually gifted personality" and . . . "she was wonderfully alert and keen . . . possessed of an absolute conviction of her cause . . . with industry and courage sufficient to avail herself of them [all diplomatic possibilities. He praised the "most admirable, coherent, logical and forceful way" in which she discussed with him the purpose of our campaign.

And yet the Administration put her in the psychopathic ward and threatened her with the insane asylum.

An interesting incident occurred during the latter part of Miss Paul's imprisonment. Having been cut off entirely from outside communication, she was greatly surprised one night at a late hour to find a newspaper man admitted for an interview with her. Mr.

David Lawrence, then generally accepted as the Administration journalist, and one who wrote for the various newspapers throughout the country defending the policies of the Wilson Administration, was announced. It was equally well known that this correspondent's habit was to ascertain the position of the leaders on important questions, keeping inti-

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mately in touch with opinion in White House circles at the same time.

Mr. Lawrence came, as he said, of his own volition, and not as an emissary from the White House. But in view of his close relation to affairs, his interview is significant as possibly reflecting an Administration att.i.tude at that ,point in the campaign.

The conversation with Miss Paul revolved first about our fight for the right of political prisoners, Miss Paul outlining the wisdom and justice of this demand.

"The Administration could very easily hire a comfortable house in Washington and detain you all there," said Mr. Lawrence, "but don't you see that your demand to be treated as' political prisoners is infinitely more difficult to grant than to give you the federal suffrage amendment? If we give you these privileges we shall have to extend them to conscientious objectors and to all prisoners now confined for political opinions. This the Administration cannot do."

The political prisoners protest, then, had actually encouraged the Administration to choose the lesser of two evils some action on behalf of the amendment.

"Suppose," continued Mr. Lawrence, "the Administration should pa.s.s the amendment through one house of Congress next session and go to the country in the 1918 elections on that record and if sustained in it, pa.s.s it through the other house a year from now.

Would you then agree to abandon picketing?"

"Nothing short of the pa.s.sage of the amendment through Congress will end our agitation," Miss Paul quietly answered for the thousandth time.

Since Mr. Lawrence disavows any connection with the 4dministration in this interview, I can only remark that events followed exactly in the order he outlined; that is, the Admin-

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istration attempted to satisfy the women by putting the amendment through the House and not through the Senate.

It was during Miss Paul's imprisonment that the forty-one women went in protest to the picket line and were sent to the workhouse, as narrated in the previous chapter. The terrorism they endured at Occoquan ran simultaneously with the attempted intimidation of Miss Paul and her group in the jail.

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Chapter 13

Administration Lawlessness Exposed

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.

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.

[1]See Hunter vs. District of Columbia, 47 App. Cas. (D. C.) p.

406.

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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 ent.i.tled 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.

Unable to get a public hearing, counsel left the following letter with the President of the Board:

Hon. John Joy Edson, President Board of Charities, Washington, D. C.

Dear Sir:-We are counsel for a large group of citizens, men and women, who have in the past been a.s.sociated with Occoquan work house as officials or inmates and who are ready

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to testify to unspeakable conditions of mismanagement, graft, sanitary depravity, indignity and brutality at the inst.i.tution.

We are glad you are to conduct this long-needed inquiry and shall cooperate in every way to get at the truth of conditions in Occoquan through your investigation, provided you make the hearings public, subpoena all available witnesses, including men and women now prisoners at Occoquan, first granting them immunity, and provided you give counsel an opportunity to examine and cross examine all witnesses so called.

We are confident your honorable board will see the justice and wisdom of a public inquiry. If charges so publicly made are untrue the management of Occoquan work house is ent.i.tled to public vindication, and if these charges are true, the people of Washington and Virginia should publicly know what kind of a prison they have in their midst, and the people of the country should publicly know the frightful conditions in this inst.i.tution which is supported by Congress and the government of the United States.

We are ready with our witnesses and affidavits to aid your honorable board in every way, provided you meet the conditions above named. But if you insist on a hearing behind closed doors we cannot submit our witnesses to a star chamber proceeding and shall readily find another forum in which to tell the American public the vivid story of the Occoquan work house.

Respectfully yours, (Signed)DUDLEY FIELD MALONE, J. K. N. NORTON, SAMUEL G. BRENT.

Subsequently the District Board of Charities reported findings on their secret investigation. After a lengthy preamble, in which they attempted to put the entire blame upon the suffrage prisoners, they advised:

That the investigation directed by the Commissioners of the District of Columbia be postponed until the conditions of unrest, excitement, and disquiet at Occoquan have been overcome:

That the order relieving W. H. Whittaker as superintend-

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ent, temporarily and without prejudice, be revoked, and Mr.

Whittaker be restored to his position as superintendent:[1]

That the members of the National Woman's Party now at Occoquan be informed that unless they obey the rules of the inst.i.tution and discontinue their acts of insubordination and riot, they will be removed from Occoquan to the city jail and placed in solitary confinement.

In announcing the report to the press the District Commissioners stated that they approved the recommendations of the Board of Charities "after most careful consideration," and that "as a matter of fact, the District workhouse at Occoquan is an inst.i.tution of which the commissioners are proud, and is a source of pride to every citizen of the nation's Capital."

That the Administration was in possession of the true facts concerning Mr. Whittaker and his conduct in office there can be no doubt. But they supported him until the end of their campaign of suppression.

Another example of the Administration's lawlessness appeared in the habeas corpus proceedings by which we rescued the prisoners at the workhouse from Mr. Whittakers custody. The trial occurred on November 23rd.