The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1876-04-20

We hope the following new law will
have the effect OF taking out Of our Court
House those vulgar and obscene lamps
which have disgraced that room for sew
eral years:
AN ACT for the suppression of trade in,
and circulation OF obscene literature,
illustrations, advertisements, and arti-
cles of obscene and immoral use, and
articles for procuring abortion. and to
repeal an act entitled An Act to Sup
press Obscene Publications" passed
April %, 1872.
SECTION /. Be il enacted by the Gener-
al Assembly of the State of Ohio, That if
any person shall sell, or offer to SELL or
shall give away, or have in his or her
possession, with or without intent to sell
or give away, any Obscene. lewd or inde-
cent or lacivioUs book, pamphlet, paper,
drawing. lithograph, engraving, picture,
daguerreotype. photograph, stereoscopic
picture, model, cast, instrument, or aTti-
Gle of indecent or immoral use, or instru-
ment, article, or medicine for procuring
| abortion, for the prevention OF concep-
ton. or for selfpolution, or shall adver-
tise the same for SALE or write or cause
to be written, or print or cause to be
printed any letter, circular, handbill,
card, book, pamphlet, advertisement, or
notice OF any kind, or shall give info. ma
tion orally stating when. how, or whC e.
or by what means Sny Of the said OBJ
scene, lewd, indecent, or lacivious arti-
cles or things, hereinbefore mentioned
can be purchased or otherwise obtained,
or shall manufacture, draw and expose,
or draw with intent to sell, or to have
sold. or print any sucn articles, every
such person shall, on conviction thereof,
be fined for such offense not less than
$50 nor more than 81 900, or be impris-
oned in the county jail not more than
one year; provided that nothing in this
act shall be so construed as to affect
teaching in regular chartered medical
colleges, or the Publication Of standard
medical books; that nothing in this act
shall be construed to affect the practice
of regular practitioners Of medicine or
druggists in their legitimate business.
SEC. 2. IL any person shall deposit or
cause to be deposited in any postotiice
within this State, or place in charge of
any express company, or pei son connect
ed Herewith, or OF any common carrier,
or person, any obscene, lewd, indecent or
lascivious articles, or things mentioned
in the first section of this act or any cir
cular, handbill, card, advertisement,
book, pamphlet, or notice of any kind
or shall give oral information stating
where, how of whom such obscene, lewd,
indecent or lacivious articles or things
can be purchased. or otherwise obtained,
in any manner with the intent of having
the same conveyed, by mail or express.
or in any other manner, or IL any person
shall knowingly or Yilfully receive the
same, with intent to carry or convey, or
shall knowingly carry or convey the
same, by express or in any other manner
(except in the United States mail), every
person so offending shall, on conviction
thereof, be subject to for each offense to
the same fines and penalties as are pre-
scribed in the first section OF this act, for
the offenses therein set forth.
SEC. 3. Prosecution may be commenc-
ed, under the provisions Of this act, be-
fore any justice of the peace, police judge
of any city, or the Mayor of any city or
village, upon affidavit and warrant as in
other cases in which they have jurisdic-
tion; and it shall be lawful for, and is
hereby made the duty of such Justice of
the Peace. Police Judge, or Mayor, upon
affidavit being made by any person that
he has good reason to believe that any
person or persons within his county is in
possession of any lewd, indecent, or
lascivious book, pamphlet, p-per. draw
ing, lIthograph, engraving, picture,
daguerreotype, steTeoscop'c picture,
mould, model. cast, instrument, or arti-
Gle of indecent or immoral use, or instru-
ment, article, or medicine for procuring
abortion, for the prevention of concep-
ton, or for selfpollution, or any other
writing, printing picture, or article here
/ haf 4.
warrant authorizing the search for aud
seizure OF the same. and the arrest of any
and all persons having said property in
their possession, and upon it appearing,
on inspection or satisfactory proof, that
the same are within the prohibitions of
this act, such Police Judge, Mayor, or
Justice of the Peace, before whom any
case prosecuted under this act shall be
pending, or the Judge of any Court Of
Common Pleas, shall have power to order
the SAME to be destroyed and the same
shall be destroyed by fire in their pres
ence; provided, that nothing in this sec
tion shall be construed to prevent the
use of the same so far as may be neces-
sary for evidence in the prosecution Of
the accused.
SEC 4. The Judges of the Courts OF
Common Pleas, shall give this act in
charge to the Grand Juries of their re-
spective courts at each term thereof
SEC ). All fines imposed by the pro.
visions Of this act, shall be collected and
paid over to the Treasurer of the proper
county within twenty days after the col.
lection thereof for the use and benefit Of
common schools.
SEC. 6. That the act passed April %,
1872, to suppress and prohibit obscene
publications is hereby repealed pro
vided, that all offenses committed against
and all prosecutions pending under said
act hereby repealed, shall be prosecuted
the same as if this act had not been
passed.
SEC. T. This act shall take effect and
be in force from and after its passage
Passed April s, 1876.