Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-05-17
GENERAL NArURE-No. sal
AN ACT for the suppression of trade in and cir
culation OF obscene literature and articles
immoral usa

CO-l
AN ACT for the suppression of trade in and cir
culaton OF obscene literature and articles
immoral use.
BE 4 enacted by the Senate and House of Repre-
seRtdtires Of the United States Of America in Com
greSS assembled, That whoever. within the Dis
tIict of Columbia or any OF the Territories OF
the United States, or other place within the ex-
elusive jurisdiction OF the United States, shall
sell, or lend, or give away, or in any manner
exhibit, or shall offer TO sell, or to lend, or to
give awsysor in any manner to exhibit, or shall
otherwise publish or offer To publish in any IN An
Fer, shall have in his possession, for any Oh
purpose or purposes, any obscene book, pamph-
let, paper, writing. advertisement, circ uar,
print, picture, drawing, or other representa-
ton, figure, or image on or OF paper or other
material, or any cast, instrument or other srti-
Gle OF an immoral nature, or any drug or medi-
cine, or any article. whatever, for the proven
ton of conception, or for causing unlawful
abortion. or shall advertise the same for SALE or
shall write or print, OF cause to be written or
printed, any card, circular, book, pamphlet,
advertisement, or notice of any kind, stating
when, where, how, or of whom. or by what
means, any of the articles in this section here
inbefOre mentioned, can be purchased or OBJ
tanned, or shall manufacture, draw, or print, or
in any wise make any Of such articles, shall be
deemed guilty OF misdeme amor, and, on con-
viction thereof in any court of the United States
having criminal jurisdiction in the District of
Columbia, or in any Territory or place within
the exclusive jurisdiction OF the United States,
where such misdemeanor shall have been com
mitted; and on conviction thereof, he shall be
not less than six months nor more than five
years for each otfrnse, or fined not less than one
hundred dollars nor more than two thousand
dollars. with costs OF court.
SEC. 2. That section one hundred and forty
eight OF the act to revise, consolidate, and ame nd
the statutes relating to the Post-Oftice Depart
ment, approved June eighth, eighteen hundred
and seveDty-tWo. be amended TO read "a follows
'.SKC. 1iS. That no obscene, lewd, or lasciv-
ious hook, pamphlet, picture, paper, print, or
other public alton of an indecent charac ,er or
thing pr I'M M lad fn no
prevention of conception or procuring OF abOr-
ton, nor any article or thing Intended or adapt
ed for any indecent or immoral use or nature,
nor any written or printed card, circular, book
pamphlet, advertisement or notice OF any kind
giving Information, directly or indirectly, where,
or how, or OF whom, or by what means either of
the things before mentioned may be obtained or
made, nor any letter upon the envelope of
which, or postal-card upon which indecent or
scuIrilous epithets may be written or printed
shall be carried in the mail; and Any person
who shall knowingly deposit, or cause to be de-
posted, for mailing or delivery, any OF the
heTeinbefore mentioned articles or things, or
any notice, or paper containing any advertise
mt Mt relating TO the aforesaid articles or things
and any person who, in pursuance of any plan
or scheme for disposng OF any OF the hereinbe-
tore mentioned articles or things shall take; or
ter or package, shall be deemed guilty OF a mis-
demeanOr, and, on conviction thereof, shall, for
every offense, be fined not less than one hun
bred dollars nor more than five thousand dol
lars, or imprisoned at hard labor not less than
one year nor more than tn years or both, in
the discretion of the judge"
SIC. 3. That all pc sons are prohibited from
importing into the United States, from any for
eisn country, any of the hereinbefore- mentioned
articles or things, except the drugs hereinbe-
fore mentioned when imported in bulk, and not
put up for any of the purposes before mention
ed; and all such prohibited articles in the
OF importation shall oe detained by the Off Ger
of customs, and proceedings taken against the
SAINT under section i've of this act.
SEC. 4. That whoever, being an officer, agent,
or employee of the government OF the United
States, shall knowingly aid or abet any person
engaged in any violation of this act, shall be
deemed guilty Of misdemeanor, and on con-
viction thereof, shall, for every offense, be pun
ished as provided in section two of this act.
SIC s. That any judge Of any district Or cir
er district, before whom complaint in writing
of any violation of this act shall be made to the
satisfaction OF such judge, and founded on
knowledge or belief, and, II upon belief, setting
forth the grounds Of such belief, and supported
by oath or affirmation Of the complainant, may
| rant directed to the marshal, or any deputy
marshal, In the proper district, directing him to
| search for. seize, and take possession Of any
| such article or thing hereinbefore- mentioned,
and to make due and immediate return thereof,
| 10 the end that the same may be coudem ned
and destroyed by proceedings, which shall be
conducted In the same manner as other pro-
ceedipgs In case of municipal seizure, and with
the same right OF appeal or writ of error: Pro-
rtded, That nothing in this section shall be con-
strued as repeating the one hundred and forty
eighth section of the act of which this act is
amendatory, or to affect any indictments here
tOfore found for Offenses against the same, but
the said indictments may be prosecuted to iudg-
ment as II this section had not been enacted.
Approved, March 3, 1878.