The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-07

flourish In some remote sections. A bill capa-
BILE Of such mischiefs ought not to DO enacted,
even II It is capable OF producing some good.
A disclaimer was made in the Senate the other
day that the bill was designed to reach car
toons, 1t being alleged that such was the object
Of the Ellsworth bill Of last year which had
now been abandoned, and yet in the same de-
bate tho principal arguments In favor OF the
present measure, IL they can be dignifed by
that term, we're prcdicatcd upon cartoon illus.
~trations and the alleged injustice inflicted upon
particular individuals thereby. Notwith-
standing the disclaimer, which could not nave
been made In good faith, ! assert that this Dill
was intended to reach and docs reach cartoons,
almost 10 the same extent is last years bill. 1t
is true Il does not specifically mention pic
lures" any moro than It specially describes any
other particular article or thing, but the first
section Ia broad and comprehensive and pro-
hibits everything, pictures or otherwise. that
appears in a newspaper, capable Of being con-
strued, by the most strict construction, as indie
cent or Injurious to the minds or morals Of the
public.
1t is difficult to 500 why the restrictive and
prohibitory features Of this measure may not
BIO invoked against pictures Of a prize fight, a
football game, n swimming contest, a ballet
dance, and also against pictures OF paint
ings, statuary, and other works Of art, theatri.
cal scenes, and all other illustrations OF the
product of brush, pencil, chisel, and brain
which are to be found everywhere in our mod.
ern magazines and newspapers, whenever some
~narrow-minded persons, happening to DO chosen
as jurymen, may choose TO regard suoh things
az Of questionable propriety.
FALSE %PRETENoEs TOUCHING THE BILLS PUR-
POSE.
| Tba hnI q forrcorhtpu In fta effecf hanper-
GUS in its tendencies, and unparalleled in Its
audacity. Much stress seems to have been laid
on the fact that It purports to protect the pub
lie from ~''licen.ious and indecent" newspapers,
and 1t has been gravely argued that Its object
is to suppress obscene and disgusting literature,
which, while 1t cannot be said to inJure any
particular individual for which a suit can be
maintained or q prosecution 30 instituted by
him, yet 1t infiicts a public wrong for which a
public prosecution is proposed to be authorized
by this bill. But this excuse will not answer.
1t is begging the question and giving away the
whole case. The promoters of this scheme
| know or ought to know, that there is already
upon the statute books an elaborate, annie,
severe, and adequate law, covering the whole
subject of obscene, licentious, and indecent
literature. which is to be found in section 317
of the Penal Code. That section is as follows:
"A person who soils, lends, gives away, or
offers to sell, lend, or give away, or show, or has
in his possession with intent to sell, lend or
give away, or to show, or advertises in any
m.nnar n , who otb.rvise ofers for loan oitt
.o,o ~ a,.,r,hut,o, nv, ohs,ono ,o,,d 1oen,r,,
ouo aI.hv Indooont Nv ,ior,st;n, hoot, nnao-
gin. n.r,nh,ot ,.wsnanor storv n,por ,rr,t;nr
naner nicture dra wing nbotoeranb roure or
image. or any written or printed matter Of an
indecent character. or any article or instru-
ment Of indecent or immoral use. or pur-
nortinp m he for in5eccnt or im,nora, usc or nur.
ma. nv ,,ho 5o.,ons conioo dro.. nhato-
r.nhs ,-;nt. rttoro n,hlisho, ~ n .nv
manner manufacturers nr nrenoro. INV srnh
hoor ,,ot,,. dr.,v,nr maoo,,,. n.n,nhI.t
ne,ys,oror storv hoor ,vri,ine nonar Garro
inoon nottor ortio,o an ,hinn or ,rho n..;,os
rrnt. nuh,ioh.s nv ,ttors ~ n,r.o. to 10
Witt, nrin,.d nrh,isho5 ~ uttorod NV
oaror.,so,an, ,a,;.o -, 80 ,;as it, IT,.
a..i.. .;.s,- ;. t.., .e-
nrrnortInn 90 - y, -, 49,, -, -.
~ 49, ~ -.
So. -. I:ua.. az s,s.ns'
-. i.a.no,t III stat,.o .,.t.- -
- na.tts~ ,r.t.,. :. Its = 49,
etc. . y. n"uoh..oa ohtat,ns w la 10
nho n,,uts go. nmS,,.hos LIE ,. VI "" IT, y.
80 ~ sho.s ~ hos T., h,s nnssa..ion Ter
go, - .nn ,.ns - 49, - -
oth.r,v,s. ogo, ,or soio low - - , a;s.u,..,
tior .nr hoo,- nomnhIo, n.r..i,a -
n.n., ~ 49,. ,,intaI 800 $500 az w..
puh,i'.tIon ams n.,nnI,.nn w n
~, 49,. no,n, sanan" -a - I'm
nal deeds, or pictures or stories of deeds of
bloodsbed. lust mr. crime IA p,,iItv NJ n m;s,e.
meanor.
There Is no necessity for any further provis-
ion on the subject of "licentious, indecent, cor
rupt. or depraved" newspapers. which are only
other names for obscene. disgusting. and filthy
newspapers-because that ground or field of
legislation has been already covered. 1t Is
an exhibition of weakness as we'll as of in
sincerity to t.. .cmpt to bolster up and justify
the present bill by the false allegation that It is
only desired for the worthy purpose Of reach
Ing "licentious" newspapers. The mischief of
this bill largely lies in that portion of section l
which attempts to reach other newspapers, upon
the broad and plausible ground that they may
be doing something which can possibly be con-
strued. in the opinion of some fastidious people.
to have a tendency to injure the minds or
morals OF the public. There was no sense or