“If you will only drop these proceedings, I can absolutely guarantee you that the prisoners will be removed from the workhouse to the jail in a week:”
“In a week? They may be dead by that time,” we answered. “We cannot wait.”
“But I tell you, you must not proceed.”
“Why this mysterious week?” we asked. “Why not tomorrow? Why not instantly?”
“I can only tell you that I have a positive guarantee of the District Commissioners that the women will be removed,” he said in conclusion. We refused to grant his request.
There were three reasons why the authorities wished for a week’s time. They were afraid to move the women in their weakened condition and before the end of the week they hoped to increase their facilities for forcible feeding at the workhouse. They also wished to conceal the treatment of the women, the exposure of which would be inevitable in any court proceedings. And lastly, the Administration was anxious to avoid opening up the whole question of the legality of the very existence of the workhouse in Virginia.
Persons convicted in the District for acts committed in violation of District law were transported to Virginia—alien territory—to serve their terms. It was a moot point whether prisoners were so treated with sufficient warrant in law. Eminent jurists held that the District had no right to convict a person under its laws and commit that person to confinement in another state. They contended that sentence imposed upon a person for unlawful acts in the District should be executed in the District.
Hundreds of persons who had been convicted in the District of Columbia and who had served their sentences in Virginia had been without money or influence enough to contest this doubtful procedure in the courts. The Administration was alarmed.
We quickened our pace. A member of the Administration rushed his attorney as courier to the women in the workhouse to implore them not to consent to the habeas corpus proceedings. He was easily admitted and tried to extort from one prisoner at a time a promise to reject the plan. The women suspected his solicitude and refused to make any promise whatsoever without first being allowed to see their own attorney.
We began at once to serve the writ. Ordinarily this would be an easy thing to do. But for us it developed into a very difficult task. A deputy marshal must serve the writ. Counsel sought a deputy. For miles around Washington, not one was to be found at his home or lodgings. None could be reached by telephone.