in this semi-outlawed condition until a
new edition was issued a few weeks ago,
causing Mr. Sumner to return to the
attack. Magistrate Gotlieb’s decision
brings the book temporarily within the
law. regardless of what action a grand
jury may later take. In his decision
Magistrate Gotlieb sald:
Counsel for both sides have fur¬
nished the court with most excellent
briefs for and against the question be¬
ing considered With these briefs there
has been submitted to this court the
written opinions of such writers as
Henry L. Mencken, Theodore Dreiser,
Herbert Asbury, Heywood Broun, Dr.
Harry Elmer Barnes, Sinclair Lewis,
John Cowper Powys and others, recog¬
nized as leaders in the fleld of literary
art
"In the fleld of journalism I find,
among the documents submitted to me,
the opinion of Roy W. Howard, chair¬
man of the board of Serlpps-Howard
newspapers, who says, It is hard to
beliove that any sensible, clean-minded
person could find anything offensive in
the book, It is difficult to believe that
its circulation would be anything other
than a service to art and understand¬
ing. Its attempted suppression is a
dangerous challenge to the literary
freedom of America, a challenge which
merits the full attention of the press
and warrants placing the spotlignt of
HEMSTREE2
96 WARREN STREET
NEW FORK CITT
WORLD
CASNNO N DSeR
GETSNCLEINVDIEE
Magistrate Gotlieb Found
Nothing Obscene in it
1,564 COPIES IMPOUNDED
These Ordered Restored to
Firm, Simon & Schuster
Judging, he said, by something
more modern than the standards of
mid-Victorian days, Magistrate Got¬
lieb in West Side Court yesterday
held Arthur Schnitzler’s Casanova's
Homecoming not obscene and ordered
John S. Sumner of the Soclety for
the Suppression of Vice to return
1,564 seized copies to the publishers,
Simon & Schuster.
The book is not to be judged as
to its obscenity by the standards of
mid-Victorian days,“ Magistrate Got¬
leb sald in ##r opinion, but its
characters shali be Judged by the
standards prevailing at the present
time. Many plays, many books are
before the public today which, if
Judged by the old standards, would
be barred. The standards of life to¬
day as to plays and books and the
very habits of the people, have so
changed that was was regarded as
obscene and immoral yesterday is to¬
day reckoned as in proper taste.“
The summonses on which Magis¬
trate Gotlieb decided were for Rich¬
ard L. Simon and Lawrence W. Hoyt.
sales manager of the firm, charging
them with possessing and selling an
obscene book.
Didn't Shock the Magistrate
The court,“ sald the maglstrate,
Chas had imposed upon it the duty
of reading this book, whlich it has
done carefully, and has come to the
conchusion that the bock is not se
oblectionable and suggestive in char¬
acter as to warrant judicial con¬
demnation thereof.
Counsel on both sides have fur¬
nished the court with most excellent
briefs for and against the question
considered. With these briefs thefe
has been submitted to the court the
written opinions of such writers as
Henry L. Mencken, Tieodore Dreiser,
Herbert Asbury. Heywond Broun, Dr.
Harry Elmer Barnes, Sinclair Lewis,
John Cowper Powys and others, re¬
cognized as leaders in the field of
literary art.
Harry Hansen, literary editor of
the New York World and Harper’s
Magazine, says in an artiele that the
book in question is practically a
tract on the vanity of human wishes.
Finds Nothing Harmful
This court has come to the con¬
clusion thatlche book is not obscene;
that there is nothing within its
covers which tends to impair the
morals of any one reading it and
that process will not be issued for
the arrest of these defendants.“
Mr. Sumner protested that although
the books were in his custody they
were actually under police control
and that he could not return them.
He was oruered to do so anyway.
Ja
ingt
7
ter
Phila
skilled
several
various s
land. N
tune estlmat
his father. He
01
late John Hay,
late William C. Whitn
the Navy during the Cleveland ad¬
ministration.
manA
new edition was issued a few weeks ago,
causing Mr. Sumner to return to the
attack. Magistrate Gotlieb’s decision
brings the book temporarily within the
law. regardless of what action a grand
jury may later take. In his decision
Magistrate Gotlieb sald:
Counsel for both sides have fur¬
nished the court with most excellent
briefs for and against the question be¬
ing considered With these briefs there
has been submitted to this court the
written opinions of such writers as
Henry L. Mencken, Theodore Dreiser,
Herbert Asbury, Heywood Broun, Dr.
Harry Elmer Barnes, Sinclair Lewis,
John Cowper Powys and others, recog¬
nized as leaders in the fleld of literary
art
"In the fleld of journalism I find,
among the documents submitted to me,
the opinion of Roy W. Howard, chair¬
man of the board of Serlpps-Howard
newspapers, who says, It is hard to
beliove that any sensible, clean-minded
person could find anything offensive in
the book, It is difficult to believe that
its circulation would be anything other
than a service to art and understand¬
ing. Its attempted suppression is a
dangerous challenge to the literary
freedom of America, a challenge which
merits the full attention of the press
and warrants placing the spotlignt of
HEMSTREE2
96 WARREN STREET
NEW FORK CITT
WORLD
CASNNO N DSeR
GETSNCLEINVDIEE
Magistrate Gotlieb Found
Nothing Obscene in it
1,564 COPIES IMPOUNDED
These Ordered Restored to
Firm, Simon & Schuster
Judging, he said, by something
more modern than the standards of
mid-Victorian days, Magistrate Got¬
lieb in West Side Court yesterday
held Arthur Schnitzler’s Casanova's
Homecoming not obscene and ordered
John S. Sumner of the Soclety for
the Suppression of Vice to return
1,564 seized copies to the publishers,
Simon & Schuster.
The book is not to be judged as
to its obscenity by the standards of
mid-Victorian days,“ Magistrate Got¬
leb sald in ##r opinion, but its
characters shali be Judged by the
standards prevailing at the present
time. Many plays, many books are
before the public today which, if
Judged by the old standards, would
be barred. The standards of life to¬
day as to plays and books and the
very habits of the people, have so
changed that was was regarded as
obscene and immoral yesterday is to¬
day reckoned as in proper taste.“
The summonses on which Magis¬
trate Gotlieb decided were for Rich¬
ard L. Simon and Lawrence W. Hoyt.
sales manager of the firm, charging
them with possessing and selling an
obscene book.
Didn't Shock the Magistrate
The court,“ sald the maglstrate,
Chas had imposed upon it the duty
of reading this book, whlich it has
done carefully, and has come to the
conchusion that the bock is not se
oblectionable and suggestive in char¬
acter as to warrant judicial con¬
demnation thereof.
Counsel on both sides have fur¬
nished the court with most excellent
briefs for and against the question
considered. With these briefs thefe
has been submitted to the court the
written opinions of such writers as
Henry L. Mencken, Tieodore Dreiser,
Herbert Asbury. Heywond Broun, Dr.
Harry Elmer Barnes, Sinclair Lewis,
John Cowper Powys and others, re¬
cognized as leaders in the field of
literary art.
Harry Hansen, literary editor of
the New York World and Harper’s
Magazine, says in an artiele that the
book in question is practically a
tract on the vanity of human wishes.
Finds Nothing Harmful
This court has come to the con¬
clusion thatlche book is not obscene;
that there is nothing within its
covers which tends to impair the
morals of any one reading it and
that process will not be issued for
the arrest of these defendants.“
Mr. Sumner protested that although
the books were in his custody they
were actually under police control
and that he could not return them.
He was oruered to do so anyway.
Ja
ingt
7
ter
Phila
skilled
several
various s
land. N
tune estlmat
his father. He
01
late John Hay,
late William C. Whitn
the Navy during the Cleveland ad¬
ministration.
manA