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> 2 Gebardi et al. vs. United States. should transport the woman from one state to another for pur- poses of prostitution. In holding the indictment sufficient, the Court said (p. 144): “As the defendant is the woman, the Distriet Court sustained a demurrer on the ground that although the offence could not be committed without her she was ne party to it bnt only the vietim. The single question is whether that tuling is right We do not have te consider what would be Recessary to constitute the sub- stantive erinie under the act of 1910 [the Mann Aet], or what evidence would be required fo convict a woman under an indiet- ment like this, but only te decide whether it is impossible for the transported woman to be guilty of a crime in conspiring as al- leped.’’ The Court assumed that there might he # degree of cooperation which would fall short of the commission of any crime, as in the case of the purchaser of liquor illegally sold. But it declined to hold that a woman could not under some cireumstances not pre- cisely detined, be guilty of a violation of the Mann Act and of a conspiracy to violate it as well. Light is thrown upon the in- tended scope of this conclusion by the supposititious case which the Court put (p. 145): “Suppose, for imstance, that a professional prostitute, as well able to look at for herself as was the man, should suggest and carry out a journey within the act of 1910 in the hope of black- mailing the man. and should buy the railroad tickets, or should pay the fare from Jersey City to New York, she would be within the letter of the act of 1910 and we see no reason why the act should not be held to apply. We see equally little reason for not treating the preliminary agreement as a conspiracy that the law ean reach, if we abandon the illusion that the woman always is the victim.” Tn the present ease we must apply the law to tte evidence; the very inquiry which was said to be unnecessary to decision in United States v. Holte, supra. First. F ! aged in United States v. Holfe, supra, as possible instances in which the woman might violate the act itself, are clearly not present here. There is no evidence that she purchased the raitroad tickets or that hera was the active or moving spirit in conceiving or carrying out the transportation. The proaf shows no more than that she went willingly upon the journeys for the burpeses alleged. Gebardi et al. vs. Untled States. a Section 2 of the Mann Act! (18 U. 8. C. § 398), Violation of whieh is charved by the indictment bere as the object o e . penalty upon "Any person who shall know- spiracy, umposes the pall | naely th ase to be transported, or aid or assist in ob- intly ASport ar ¢ ; Lor cane oe eramepuetetion for, or in transporting in es oe foreien commerce any woman or girl for “ aes of prostitution or debauchery or for any other hiore I re 1? ‘Pransportation of a woman or girl whether wi , or ith ont her consent, ar causing or aiding HW, oF furthering it " any et the speciied ways. are the acts punished, when done wn te pose which is immoral within the meaning of the law. See vy. United States, 227 UL 8. 308, 320. ae herself: The Act dees not punish the woman for transporting HPT Se ie it contenplates bro persous—one to transport and the woman or girl to be transported. For the womin to fall wi hin the a a the statute she must, at the least, ‘aid or assist someone ¢ transporting or in procuring transportation for herse uated such aid and assistance must, as in the ease supposed in U . States vo Wolfe, supra, 145, be more active than mere anreenent on her part to the transportation and its immoral purpose. a the statute is drawn to include thase eases i whith the woman ¢or i » transported, Any person who shall knowingly transport or cause to be po ' ini i j ting, in inter- ai masint i ‘Aining dransportation fer, or in transpo é or nick or nssiat in obtaining po eee piste of Columbia, tate or foreign commerce, OT it any Tet : any woman or pitl for the purpose of prostitutien oF ‘eboney ane other immoral purpase, or with the intest and purpage to in ney wp e compel such woman of girl te become a prostitute er te an et keow. dchauchery, et to engage in any otter immora? prag tice; or wi ae naist ingly procure ar ebtain, or cause to be procured of Plane oe iteesparta: ju procuring: or obtaining, any oe a ie tee any Sean or git! in i it evidence of the right thereta, te as " aD interstate or foreign commerce, of in any Territory or the aie cohory lumbia, in going to any plice for the purpose of Promitation or mare ae or for any other immoral Porpose, or with ve ore berelt wp to the ch persan tb orartien of prostitution, or toe give herself up to irene uaennanenre immoral practice, whereby any auch woman OF Birt sha! the Dy snap rte interstate or foreign commerce, oF in any Territory or 7 oe anal lumbia, shall be deerued guilty of a felony, and upon convie 0 ae nore punished by a fine not crceeding $5,000, or by imprisonmen| 0 pam years, of by both such fine and imprisonment, in the discre ee. opothes GF duce, ontiqe, oF be y thea five of the euurt,’”