The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-11
ARE r1CroR HUGo,s Works IuMoRALg
A Canadian Court Says They Arc Not,
Even Though Condemned by tho Church.

A Canadian Court says They Arc Not.
Even Though Condemned by tho Church.
OTTAWA, May lO.-Judge Davidson, sitting
in the supreme Court, gave judgment this
week In the case OF Tache against Cadieux e.
Derome. This was an action taken by Mr..
Tache, private secretary to Secretary OF State
Chapieau, against Cadieux Il Derome book
sellers OF Montreal. on account OF their refusal
to carry out contract for tho importation Of
Victor Hugos works. The morality OF Victor
Hugos works was attacked. and several I'm
portant points bearing on the relative au-
thcrity Of the Church and the State were
raised In the case. The defendants pleaded
that they are Catholic booksellers. and are
well known to sell books only permitted by the
religious authorities Of the Roman Catholic
Church; that plaintiff represented HuGhess
edition OF Victor Hugo to be a permissible
book. and by his articles deceived defendants:
that this edition was not in their catalogue.
and that some OF the works contained In 1t are
immoral. subversive OF the principles OF soci-
ETY., and forbidden by the Church. Judge
Davidson In his opinion says
In support OF tho allegation that some
OF the works included in this edition are for
hidden to members Of the Church to which the
contracting parties belong, the evidence OF
several ,ecclesastics YVES taken. 1t appears
reasonably certain that Sotre Dame de
to be found in the U.itL hbrO,rnt prohibi-
forum. Let the fact be granted can it affect
down the principle that the C"nGre0Gtion de
FINDER, or tho ecclesiastical authority OF any
other Church. would have the power rs be-
tween the members Of It's own communion, to
Interpret. Iua lfy. or even annul contracts. AS
between members of different religions these
theologians. In France the Congregation de
Imder has never, so lar rs am aware. at
Sory @ BeeR no
as a law.GiynG authority TO enforce its
DEGREES %Sn, with threats is nov now unlawful;
tracts is not the conscience Of tho individual.
ems and gives life to tho body OF the civil law.
whose interpreters We are now. contract
with an unlawful a5 consideration has no effect;
when It is prohibited by law, or is contrary to
good morals or public order. The clear duty
this article Of our code-that is, to SO interpret
1t as that the INTERPRETATION VII not yary be;
G inc al In be
no matter who the contracting parties may be.
TO generalize in this fashion is easy enough
preston good morals, is another matter.
What is contrary TO good morals There
dent in their purpose, and SO Violently re-
pugnant to public morality that in their pres
ae deR9ns 6ses tbn No
US these can be brought against the writings
of Victor Hugo. ! hayc. therefore sought 10
what in its more limited senses the expression
contrary to good morals means. There are
legally wrong. and caro- must be taken 10 Judge
between the parties according to purely legal
rules and definitions. The question in q given
law is not simply whether the publication DO
immoral but whether 1t is sufficiently so to
enable the criminal law 70 punish it as such.
for what an Indictment requires we find that it
has to charge the accused with devising, con-
trying ana III intendnG to S e9rrIpt moras
a lar strcter standard. Victor Hugos works
cannot be condemned AS an unlawful consid-
have been filed in tho cause. the prose romance |
OF Notre Dame and Les Chapsors DIES
am not to presume anything against his other |
works. Even in the two specifically impugned |
only two or three extracts are challenged, but |
whole production. That Hugo has written |
things which marred his genius. and has com
would repudate are undeniable facts. but all |
the Same he WAS a great writer. poet and
the nnetssnt e Century era HVMs" Of France
No one can read his works without agreeing
with this mnIorale, praise Of what he was
fHro we sha III find ind much that Is stroas
elevated. and tender-a true passion, Tor
T1sei Tas nndes4 Tor sUS ana an
other eminent writer declares that 1t may
no dSS6I lou without INC lcitSL. leHT Ol CONTRA
iction that Victor Hugo will hold to all pos
Ierity tho position Of the greatest poet and one
TeSersai Tps% he eeGee ps
li his works rs being MAGNITUDE au point
DO vlle lltterare' They are to 10 found In all
hem appear In text books. Neither during
bis life nor since his death in 1889 has any
curt been sought to hold that any q the works
ol Victor IL ugo were again-t public law or
public morals or were written for tbs, oorrup-
ion of the public Conscience. His mag
llcent genius applied itself to loftier, II
sometimes mistaken purposes. II is by these
might tho works OF Racine or ,Chateaubriand
= Lamartine Or Byron or Swinbur4e or many
EnGIand be chaiieSged as not susceptible OF
'reating valid civil obligations because they
paint tho weakncsses and facts OF
Iuman nature in words of greater passion or
:reater realism than some might think desira-
Jle or necessary.
aaSons which i need not now enter upon. but
which will appear In the formal Judgment. the
L. AtNna Afng Il fa-rf ~