New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-12
BAN ON TFtAW REPORTS
Papers WGrpcd Not 70 Mail Obscene
IccOuHts Of Trial.

ICCOHNFS OF RAJ.
United states Attorney stimson warned the
newspapers Yesterday throughout the city that
violations Of the Revised Statutes in printing
and circulating through tho mails reports of the
Thaw trial which were '1ewd lascivious and OBJ
scene would be criminally prosecuted. The let
ter reads:
Gentlemen: Information has been brought 10
me- indicating that some Of the newspapers OF
this city. under the Guise - reports of the pend
ing Thaw trial, have been sending through the
United states mails lewd. lascivicus aud oh
scene matter. in violation ot section 1850 ..
the Revistd Statutes. ! beg 20 advise YOU mat
the mere fact that such matter purports TO De
en account Of judicial proceeding furnishes no
excuse for q violation Of the statute I'm question
in regard 70 the mails. and that I propose to
bring before the federal grand jury of this dis
trict for criminal prosecution all such viola
uons which may occur.
When seen Yesterday Nj stimson said that he
had addressed the letter to each Of the various
daily papers Of the city on the mailing list Of
the postofice He said further that the case
had not been brought % his attention by any
one and that he had tal,o9 tho initiative in the
matter personally. and from what he had HIM
self seen in the papers and from what he had
learned since writing the letter he was Of the
opinion that great many OF them had serl-
oCsly violated the law regarding the publication
or obscene and lascivious matters" and that in
his opinion the publication of such stories
should be stopped.
In my opinion" said he such publications
should be stopped by the judge In the court
room. but be that it may. we can at least
stop the sending OF such matter through the
mails and It is my purpose in all probability to
lay the matter before the grand jury.
AIr. Stimson intmated. however that to his
presentation Of the matter before the grand
jury It would depend greatly upon future pub
locations throughout The remainder OF the trial
AS yet he said. he had taken no steps toward
summoning anybody before the grand jury or
to lay the matter before them personally.
In sending out this letter he said he mad not
picked out the particular papers which had
offended. but had gent letters TO all the papers
the mailing list
When told that there had been some dis
patches from Washington saving that the Prosi-
dent had called the attention OF the Postmaster
General To the matter. asking II such publca-
tons We're not within the law. and asking that
they be stopped, Mr.. Stimson said that thus far
he had not received amy communication from
Washington concerning the matter. and had
taken tho initiative himself
Postmaster Wilcox said yesterday that after
reading sundays papers he had decided 10 con
suit with IIr. S;nnsou about the matter He
added that he had found the District Attorney
already engaged In the preparation Of letter 10
The newspapers
What wifi you do II the newspapers fail TO
heed the United States Attorneys letter." he
was asked
4 hardly know vet" replied the Postmaster
Tire Postmaster mas not the same attitude with
regard 10 the exclusion of newspapers that he has
in the case Of postcards The latter he can de-
eide Objectionable mail matter on his own judg
ment and throw them out lie has scarcely
much power in connection with the exclusion Of
the daily papers. However. / viii confer with
the United states Attorney and decide upon
course to pursue"
y well known federal official. discussing Mr
Sumson's action. said yesterday.
The section OF the federal statute under which
Mr.. Stmson threatens 70 hold the newspapers
liahe-section 3S93-ls known 10 lawyers gen
orally as the "Comstock section and
passed 81 the instigation OF the Society for the
Suppression Of Vice. 1t is indeed broad sec
ton, and Includes almost every possible viola
ton Of decent publication together with the
depOsiting in the mails OF the alleged indecent
leWd and ldScivious matter This would in
nearly all instances. hold the violator for mall
ing the objectionable matter ii reads. But
applying TO It other well recognized holdings OF
the higher federal tribunals, that are almost e,-
mentarE in character. il is necessary. To secure
q conviction ihereupon, to show intent upon the
part OF the publication to violate this especial
enactment. To charge that a newspaper vio-
lated the law In publishing the testimony Of a
court Of record notwithstanding its character-
would be to place upon this laW construction
stl broader than the courts have ever held or
In my opinion. ever would hold. doubt in the
first place" il a daily newspaper OF good stand
ing could ever be held for publishing testimony
'<Fs'll !lt open COURT Is fllS the words them
selves were not openly obscene, no matter how
broad the Inference might be Because Of this
J do not think that the federal authorities would
ever institute such an action. It is not improh-
able that the United states officials here thought
a caution upon their part might have a saIutary
effect upon the new spaper editors and cause
them 10 censor their reports Of the trial a little
more closely.
Ex-Judse a. J. Ditteuhoefer. however. took an
opposite view Of the matter. and when asked his
opinion said:
II the complaints demanding the removal of
me opera Salome from the stage OF the Metro
polltAn Opera House were justifable il is GER
fainiy Improper. by the same standard to snread
this filthy dirt of the Thaw trial In the bor,ee
OF New York and elsewhere where boys and
snls-the latte especially-can read them A
hundred 'Saomes.' which the bovs and civil
would not see. could not do as much harm as the
spreading of the dirt referred to in Mr. Stimson's
letter" =
TIVE DRFCTDLNyTr ammo