The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-02-17
Force of Late Revisions Defined
An Opinion Rendered by Judge
Hammond Yesterday.
The Mails no Place for Obscene OF
Profane Writings.
An Illiterate Man Mildly Dealt With
for an Oifense.
Ho Was Angry, Expressed Himself I'M
reservedly on Postal Card,
and the Aggrieved Party
Prosecuted Him.


Judge Hammond, OF the United States
District Court had occasion yesterday to dc.
eide another case under recent act OF Con.
gress, which gives his opinion u widespread
interest and importance, To lawyers and
Others.
Itwas case in which a man was ariaigned
and tried for sending through the mail pos
tai card on which was written obscene, pro.
fame and dcfamatory language. At the re-
quest Of the Judge the names are omitted.
The full text of the opinion follows:
The defendant has been found guilty of
dcpositing postal card in the mails in vio-
lation of the postal laws Of the United States
especially the act Of June Is, 1855, Ch
3Dt, as amended by the act of September 20
| 1855 Oh. ,039 - ST., lS7, 400. The verdict
however, is subject 10 the opinion Of the
Court whether the language Of the postal
card falls within the deuunciations Of the
statute. II clearly docs The act makes IL
| criminal 60 deposit or cause 10 be deposited
for mailing or delivering any postal card
/ containing dtlincatOus, cpithcts tcrms or
| language of an indecent, lewd, ln~ciyious
| obscene, lihelous scurrilous, dciamatory or
| threatening character or calculated by the
/ obviously intended To reflect iniuHously
upon the character or conduct Of another
| Since the extension by this act OF former
/ statutes ON this subject there can be no
/ doubt that that which h. written ON postal
/ cards must be clean and decent aud wholly
/ free from the objections embodied In the
| Language which has been quoted from the act
| Of Congress. OF course, the courts must
reasonably conytruc the words of the act
| and not allow a hypeUrticnl judgment 10
/ take advantage Of the elasticity Of the lan-
| gungc used 10y Congress, necessarily 80 gen
cul in is description of the ohcnsc, by
bringing within the act words or Thoughts
that are only rude, impolitc, or not IN good
| taste according to the standard OF dcccncy
| prescribed 10y the pursis in Language and
| thought but. ON thC other hand, obvious
indcccncy Of thought or expression, accord
ing 10 the common sense, should not escape
the penalty Of this statute, nor that which
| obviously Is calculated and intended to r..
! fleet iuiuruu.ly upon the character or con-
duct Of him who complains or j. mentioned
| in the writing. And not only may the pre-.
else word, be weighed In determining the
| question, but the whole context Of the writ
ing and IT, evident spirit and tone, ~ they
display the meaning OF those words may
be looked ~ by the court and jury.
| lnusmuch as the act does not include
| "prullnc' language Ia rs description of the
| oirusc, except M 10 may be- embraced in the
other terms used 10y Congress and since In
the common understanding the wur
damned is called profanity It may be
doubted u the use IT that word was intended
10 &c punished always. but this writer
says You can order ear back and be-
| damned 10 connection with the next
phrase which Tor -lkc of dccrncy ! shall not
quote. although they have no dependence
| upon each other, aud in connection with the
| whole writing IN De- tone and spirit u b.
! both indecent and "scurrilous' In the
sense Of the photographers ~ well rs the
common understanding ot iis use.
Tho next phrase above referred 10 Is ~
vulgar as 20 admit II no doubt of IT, indie.
crncy. and the writer knew IL to be w, aud
| confessed u by the Use of only nn initial let.
| ter Tor the most Offensive word. II 10 be
only slang still, IL IL ol that coarse. gross
aud essentially vulgar KIND that u cannot
be- placed upon a postal card without offend
ing 30 sense ~ dcccuCy even among the
common ~ and coarcsl Of men, and the Use
Of uli such phrases Is prohibited by this new
act OF Congress.
Again, the writer says "You arc sharp,
nll ui you urr on the beat This again,
may be- slang" but Il Is calculated and
obviously intended 10 reflect injuriOusly
upon the character aud conduct u the al.
drpssrc.
Finally. be- says Tell that Radical to
send my book back Us De- agreed 10 those
familiar with the bitterness " political
/ strife aud b. evolution " disilstrsul Cpl.
| thrts, there will boz no doubt this one was
intended Tor opprlhrium Of severe Kind,
innocent ns Tie Cpithct seems 10 common
tprcrh, and b was thought by the writer 10
be- "dcinmatory uuqucstioulbly. II tlc
subject matter of this writing were political,
having zoo view the almost unrustminCd u.
La A.
political writing uillmufi every kind,cNcrpt
The very highest grade, aud The fact that
| such UpthUtl. which boz the beginning are
intended tp denote ign1miuy and turpiudc,
, become, In the progress Of political
conflict hy process ~ development
BADGES ~ honor aud distinction, aud
| are rhpaHully accepted as such, ! should
say that this phrase did not come within
. the nrt oi Congrcs. nnd vas blnmclcss, like
"Aboliionist,' "iIlaek X publican Cop.
pefhrll.' Rebel Dcm0. mcy' 'CUnicdcr.
ntH Bdmd'or," Bourbon "Frco Trader.
Tariff Hubbrf' aud thc Ike hut the sub
irrt matter ~ this whiting o. The return NJ d
/ patent model uf r. car ul some Kind about
. which the writer WIS angry aud ugly IN hi'
temper and about which be- writes 'intc
. Gently" 'sUurfiiouslg' aud with evident
Z purt1'c ID drfame and injuhously reflect
upon thU conduct of his correspondent The
/ commonplace aud excessively vulgar styl,
! of the writing docs not relieve 10 from H.
| criminal character under this statute
? One can be commonplace end ever
/ yulsrf without being indecent aud dclnmn
inry in thc lrrll sense Of the statute ag onl
may bo either of these or otherwise may VIC
lste the statute without being commonplace
E on vulgar That which shocks She orl,narl
. aud common sense uf men asan "indccency'
Il 40, ic,i o. 10 BE- also with the Other dcscrip
4 tive terms ~ thr net.
. lot Tho dgienl1ni ne hnrl 20 ahd impti'
% or tered.
% / a
q The yiiiiaa Captarei.
g BHoApnrsp, W., Feb. iG-Oniccr Al
, rived yesterday from Washington rcrdior