247 F. 382 | S.D.N.Y. | 1917
“Every obscene, lewd, or lascivious, and every filthy book, pamphlet * * * writing “ * * or other publication oí an indecent character * * * is hereby declared to be nonmailable matter and shall not be conveyed in the mails'or delivered from any post office or by any letter carrier.”
The publication which is particularly objected to by the Postal Authorities is a short story about a soldier in the British army, who reflects upon the topsy-turvy condition of the world and feels that gigantic forces, which he is pleased to call those of nature, are arrayed against the individual-—forces that in most cases will overpower him. lie regards his own destruction in the present European conflict as more than likely, and under all these conditions feels at war with the world. With satirical satisfaction he seduces a young girl, and disregards her appeals when she becomes a mother. In his revolt at the confusion and injustice of the war, he feels justification at having wreaked his will and obtained his satisfaction, thus, as he says, outwitting nature.
It may be urged that this story points various morals. One may say it shows the wickedness of selfishness and indulgence. Another may argue that it shows the degradation of camp life and the demoralizing character of war. It naturally causes a reflecting mind to balance the heroism and self-abnegation that always shines forth in war with the demoralization that also inevitably accompanies it. The very old question suggests itself as to the ultimate values of war.
But no outline of the story conveys its full import. The young girl and the relations of the man with her are described with a degree of detail that does not appear necessary to teach the desired lesson, whatever it may be, or to tell a story which would possess artistic merit or arouse any worthy emotion. On the contrary, it is at least reasonably arguable, I think, that the details of the sex relations are set forth to attract readers to the story because of their salacious character. I am, of course, aware that mere description of irregular things in relation to sex may not fall within the statute. Such was the case when a similar New York statute was discussed by the Court of Appeals of that state in People v. Eastman, 188 N. Y. 478, 81 N. E. 459, 11 Ann. Cas. 302. Here, however, there is ground for holding that portions of the short story in question have a tendency to excite lust, and, if this is so, it falls within the prohibition of the statute. People v. Muller, 96 N. Y. 408, 48 Am. Rep. 635; Swearingen v. United States, 161 U. S. 446, 16 Sup. Ct. 562, 40 L. Ed. 765.
There is also in this publication a translation of a document stated to have been found on a soldier. This document is supposed to have emanated from a German committee on increase of population. It bears the serial number 138,756, is a kind of commission containing instructions to the addressee to beget children of all women available in a designated district. The witticism indulged in in this document, promising promotion in case the addressee takes on a second district, as well as the general style of the publication, is an indication that it is not genuine, and would not appear to be so to an intelligent reader.
While it has been urged with unusual ingenuity and ability that nothing under consideration can have the tendency denounced by the statute, I do not think the complainant has made out a case for interfering with the discretion lodged in the Postmaster General, whose “decision must be regarded as conclusive by the courts, unless it appears that it was clearly wrong.” Masses v. Patten, 246 Fed. 24,-C. C. A.-; Smith v. Hitchcock, 226 U. S. 58, 33 Sup. Ct. 6, 57 L. Ed. 119.
The motion is denied.