Jailed for a Five Dollar Debt
A Spokane barber finds himself behind bars after a landlady uses criminal law to settle a civil board bill.
The story, cleaned up
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Spokane.—That the criminal laws may be used for the collection of a civil debt was never more forcibly illustrated than in Judge Hinkle's court, when William Drevire, a barber, was forced to pay a $5 board bill contracted a year ago, and then forced to go to jail to serve out the costs of the criminal prosecution which was instituted to collect the debt. Drevire was arrested on complaint of Mary Work and Ella Sloman, landladies of the Vendome lodging house, who accused him of defrauding them out of $5 by leaving his bill unpaid and moving his baggage without their knowledge. The arrest was made under the state statute making it a misdemeanor to defraud a boarding-house keeper. Judge Hinkle fined him $10 and costs, offering to remit the fine if the debt was paid. Drevire paid the $5, but was still required to go to jail to serve out $3.35 in court costs. Many lawyers believe the boarding-house law is unconstitutional, arguing that such proceedings practically amount to imprisonment for debt, especially in cases where there was no intent to defraud, but merely an inability to pay. Drevire, lacking the funds to appeal to the supreme court, remains in jail.
“Many lawyers believe that the boarding house law, or at least the purpose for which it is often used, is unconstitutional. They take the position that its enforcement practically amounts to imprisonment for debt.”
This case highlights the long-standing use of the legal system to enforce poverty as a crime. Today, 'pay-to-stay' fees and criminalized debt continue to trap individuals in a cycle of incarceration, proving that the struggle against debtors' prisons is as relevant in 2024 as it was in 1903.
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