McKinley v. United States
Headline: Upheld wartime law letting the War Department ban and punish brothels near military camps, affirming enforcement against people who keep such houses close to army sites.
Holding: The Court affirmed the convictions, holding that Congress can authorize the Secretary of War to regulate and punish keeping brothels near military camps to protect the army’s health and efficiency.
- Allows the War Department to ban and punish brothels near military camps.
- Affirms criminal penalties, including fines up to $1,000 or up to twelve months’ imprisonment.
- Permits an executive agency to set distance rules to protect soldiers’ health.
Summary
Background
A group of people were indicted, convicted, and sentenced for keeping a house of ill fame near a United States military station. They were charged under a regulation issued by the Secretary of War under the Act of May 18, 1917, §13, which authorized the Secretary during the war to suppress brothels and to set distances from military camps where such places could not operate; the indictment alleged the house was within five miles of a military station and violators faced fines or imprisonment.
Reasoning
The central question was whether Congress could authorize this wartime law and allow the Secretary of War to make rules and punish those who violated them. The Court said Congress has the power to raise and support armies and to protect the health and efficiency of those serving, and that it may leave details to the head of an executive department. The opinion emphasized that it is well settled that Congress can adopt restrictions for the army’s welfare, cited earlier decisions supporting such delegation, and concluded the convictions and the regulation were lawful.
Real world impact
By affirming the District Court’s judgment, the Court allowed enforcement of the wartime regulation and the criminal penalties to stand. People who keep or permit brothels near military camps can be prosecuted and punished under similar rules. The ruling confirms that during war Congress and the War Department can adopt and enforce rules aimed at protecting soldiers’ health and military readiness.
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