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Western Legal History WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 28, NUMBER I 2015 Western Legal History is published semiannually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 125 S. Grand Avenue, Pasadena, California 91105, (626) 795-0266/fax (626) 229-7476. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts- particularly the federal courts-in Alaska, Arizona, California, Hawai'i, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the NJCHS as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100-$249; Advocate, $50-$99; Subscribing (nonmembers of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49. Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please write or telephone the editor. POSTMASTER: Please send change of address to: Editor Western Legal History 125 S. Grand Avenue Pasadena, California 91105 Western Legal History disclaims responsibility for statements made by authors and for accuracy of endnotes. Copyright @2015, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts (three copies, and one disk in Microsoft Word for Windows, if possible) should be sent to the Editor, Western Legal History, 125 S. Grand Avenue, Pasadena, California 91105. Texts, including quotations and endnotes, must be double spaced. Notes must be numbered consecutively and appear in a separate section at the end of the text. Authors are requested to follow the style for citations used in this journal. Manuscripts that are no more than thirty pages in length, not counting notes, charts and tables, and photographs, are preferred. Also preferred are manuscripts not concurrently under consideration by another journal. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publication of such is not to be construed as representing the attitudes of either the authors or Western Legal History. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation about punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article's acceptance and appearance. Articles published in this journal are abstracted and indexed in America: History and Life; HistoricalAbstracts; the Index to Legal Periodicals;and the Legal Resources Index. NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY BOARD OF DIRECTORS GARETH T. EVANS, ESQ. ADVISORY COUNCIL Chair J. BRUCE ALV RSON, EsQ. PAUL T FRIEDMAN, Eso. Vice Chair LEROY J. BARKER, ESQ. RITA M. HAEUSLER, ESQ. LADD A. BAUMANN, EsQ. Treasurer BETH MARY BOLLINGER, EsQ. WILLIAM I. EDLUND, EsQ. Secretary HoN. CHRISTINE W. BYRD JEFFREY M. FISHER, Eso. A. MARISA CHUN, ESQ. Immediate Past Chair DANIEL P. COLINS, ESQ. SETH ARONSON, ESQ. HON. MORRISoN C. ENGLAND, JR. JEROME 1. BRAUN, EsQ. TIMOTHY R. FISHER, EsQ. JOHN CARSON, ESQ. PARKER C. FOLSE III, Eso. HON. DAVID 0. CARTER FREDERICK P. FURTH, ESQ. HON. RICHARD R. CLIFTON HELKEI S. HEMMINGER, ESQ. ROBERT H. FAIRBANK, ESQ. ERNEST A. HoiDAL, ESQ. DONALD L. GAFFNEY, EsQ. HON. PROCTER HUG, JR. GERSHAM GOLDSTEIN, EsQ. HON. SUSAN Y. ILLSTON PETER F. HABEIN, ESQ. PROF. COLIN JONES DEBORAH K. KRISTENSEN, ESQ. B. ANN KEITH, ESQ, ROBERT D. LOWRY, ESQ. KENNETH N. KLEE, ESQ. THOMAS J. McDERMOTT, JR., ESQ. RON MAROKO, ESQ. HoN. M. MARGARET MCKEOWN SONIA R. MARTIN, ESQ. HON. WILLIAM ORRICK III HOWARD G. MCPHERSON, EsQ. JEFFREY R. PORTNOY, EsQ. DIANE M. MYERS, ESQ. HoN. MANUEL L. REAL HON. RANDALL NEWSOME HoN. PAUL G. ROSENBLATT HON. DIARMum F. O'SCANNLAIN HON. MARY M. SCHROEDER WILLIAM D. PICKETT, ESQ. MARC M. SELTZER, ESQ. PER A. RAMFTORD, Eso. HON. MILAN D. SMITH, JR, ARTHUR F. ROECA, ESQ. HON. CHRISTINA ANN SNYDER GAIL MIGDAL TITLE, ESQ. HON. SIDNEY R. THOMAS ROBERT S. WARREN, EsQ. DEAN A. ZIEHL, ESQ. DOUGLAS R. YOUNG, Eso. MERYL L. YOUNG, EsQ. WESTERN LEGAL HISTORY BRADLEY B. WILLIAMS, EDITOR BETHANY PHILLIPS, Copy EDITOR JUDITH FORMAN, PRODUCTION EDITOR S. DEBORAH KANG, BoOK REVIEw EDITOR EDITORIAL BOARD JUDITH AUSTIN KATRINA JAGODINSKY Boise University of Nebraska, MICHAL BELKNAP Lincoln California Western DAVID J. LANGUM School of Law Samford University ELIZABETH J. CABRASER, ESQ. Cumberland School of Law San Francisco R. JAMES MOONEY University of Oregon LAWRENCE M. FRIEDMAN Law School Stanford Law School PAULA PETRIK, PH.D. CHRISTIAN G. FRITZ George Mason University University of New Mexico School of Law PETER L. REICH Whittier Law School DALE GOBLE JOHN PHILLIP REID University of Idaho New York University School of Law School of Law PAUL BRYAN GRAY, ESQ. HARRY N. SCHE1BER, PH.D. Claremont University of California MICHAEL GRIFFITH, PH.D. Boalt Hall School of Law Oakland MOLLY SELVIN, PH.D. ARTHUR D. HELLMAN Santa Monica University of Pittsburgh ROBERT S. WOLFE, ESQ. School of Law Santa Ana WESTERN LEGAL HISTORY VOLUME 28, NUMBER I WINTER/SPRING 2015 CONTENTS Regulating Respectable Manliness in the American West: Race, Class, and the Mann Act, 1910-1940 Kelli McCoy I John W. Dwinelle CharlesMcClain The Spanish Element in Western Water Law: Views from Arizona 1 Michael M. Brescia O1 Book Reviews 123 Articles of Related Interest 131 Memberships, Contributions, & Grants 137 Cover photo: Kelli McCoy's article focuses on the Mann Act of 1910, which ostensibly aimed at ending what was believed to be an international slave trade in women and girls. (Illustration from Fighting the Traffc in Young Girls or War on the White Slave Trade by Ernest A. Bell) REGULATING RESPECTABLE MANLINESS IN THE AMERICAN WEST: RACE, CLASS, AND THE MANN ACT, 1910-1940 KELLI MCCOY O n the Fourth of July holiday in 1925, Justus Bonness, John Grimes, and two young women decided to take a vacation together. They traveled by automobile from Seattle, Washington, to Vancouver, British Columbia, and got two hotel rooms. They explored the city, went out to dinner, drank some alcohol, and drove home the next day. A year later, when the men found themselves in court on charges of violating the Mann Act, they recalled innocently sharing one room, while the young women stayed in the other. However, the young women, Grace Holland and Mildred Sites, testified that the men had not stayed in their own room on that fateful night, but had instead split up and each stayed in a room with one of the women. Like many other Mann Act cases in the first decades of the twentieth century, this one revolved around a crucial detail involving the hotel rooms: was there at least the appearance of sexual impropriety between the men and the much younger women, to whom they were not married? The answer to that question stood to determine the difference between freedom and incarceration for the men, who were ultimately convicted and sentenced to eighteen months in the federal Kelli McCoy is an associate professor of history at Point Loma Nazarene University. She earned her Ph.D. in U.S. history at the University of California, San Diego. Her research focuses on gender and the law in the early twentieth century. This es- say was the first runner-up for the 2014 Braun Prize in Western Legal History. VoL. 28, No. i 22 WESTERN LEGAL HiSTORY, penitentiary at McNeil Island, Washington. There would be no legal consequences for the women.' In this case, as in many others, the Mann "White Slave Traf- fic" Act was interpreted broadly to include a range of noncom- mercial relationships. An examination of such cases in the American West reveals the ways in which the Mann Act was used to enforce the ideal of respectable manliness and con- strain the highly mobile working class that seemed to threaten the social order. The Mann Act was ostensibly an effort to end "white slavery," or the forced prostitution of women and girls. At the dawn of the twentieth century, Americans responded with increasing alarm to reports that young women were being drugged, raped, kidnapped, and locked up in brothels as sex slaves. They called this traffic in women "white slavery." The stories of white slavery told by newspapers and social reform- ers-often recounted in lurid and sensational detail-made it clear that the modern world held many dangers for young women. White slavers, as the story went, preyed on the natural moral purity of women and their naivete about all of the dan- gers that lurked in the ever-growing industrial cities. Although the individual stories differed, white slavery narratives typi- cally told of the downfall of an innocent young white woman, often from the countryside, who was tricked or coerced by a man into going to one of the many unsafe places in the city- the dance hall, the saloon, even the ice cream parlor-where, U S. v. Justus L Bonness and John R, Grimes, case file 10116, Criminal Case Files, U.S. District Court for the Western District of Washington Northern Division Seattle), Records of District Courts of the United States, Record Group 21, Nation- al Archives and Records Administration, Pacific Alaska Region (Seattle).
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