Congress, under the authority to raise and support armies, may
make rules and regulations to protect the health and welfare of the
men composing them against the evils of prostitution, and may leave
the details of such regulations to the Secretary of War.
Conviction sustained, for setting up a house of ill fame within
five miles of a military station, the distance designated by the
Secretary of War, under the Act of May 18, 1917, c. 15, § 13, 40
Stat. 76.
Affirmed.
The case is stated in the opinion.
Page 249 U. S. 398
Memorandum opinion by direction of the Court, by MR. JUSTICE
DAY.
Plaintiffs in error were indicted, convicted, and sentenced upon
an indictment in the district court of the United States for the
Southern District of Georgia for violation of a regulation of the
Secretary of War made under the authority of the Act of Congress of
May 18, 1917, c. 15, § 13, 40 Stat. 83. This statute provides:
"The Secretary of War is hereby authorized, empowered, and
directed during the present war to do everything by him deemed
necessary to suppress and prevent the keeping or setting up of
houses of ill fame, brothels, or bawdy houses, within such distance
as he may deem needful of any military camp, station, fort, post,
cantonment, training or mobilization place, and any person,
corporation, partnership, or association receiving or permitting to
be received for immoral purposes any person into any place,
structure, or building used for the purpose of lewdness,
assignation, or prostitution within such distance of said places as
may be designated, or shall permit any such person to remain for
immoral purposes in any such place, structure, or building as
aforesaid, or who shall violate any order, rule, or regulation
issued to carry out the object and purpose of this section shall,
unless otherwise punishable under the Articles of War, be deemed
guilty of a misdemeanor and be punished by a fine of not more than
$1,000 or imprisonment for not more than twelve months, or
both."
Plaintiffs in error contend that Congress has no constitutional
authority to pass this act. The indictment charged that the
plaintiffs in error did unlawfully keep and set up a house of ill
fame within the distance designated by the Secretary of War, under
the authority of the act of Congress, to-wit, within five miles of
a certain military station of the United States.
Page 249 U. S. 399
That Congress has the authority to raise and support armies and
to make rules and regulations for the protection of the health and
welfare of those composing them is too well settled to require more
than the statement of the proposition.
Arver v. United
States, 245 U. S. 366.
Congress, having adopted restrictions designed to guard and
promote the health and efficiency of the men composing the army in
a matter so obvious as that embodied in the statute under
consideration, may leave details to the regulation of the head of
an executive department, and punish those who violate the
restrictions. This is also well settled by the repeated decisions
of this Court.
Buttfield v. Stranahan, 192 U.
S. 470;
Union Bridge Co. v. United States,
204 U. S. 364;
United States v. Grimaud, 220 U.
S. 506.
The judgment of the district court is
Affirmed.