The Washington times., 1919-12-16

only after the conviction that . high
and useful purpose would be served
To which the vice society adds:
Served at the rate of 81 q copy
and in tho face Of numerous judicial
decisions against just purposeful
propaganda"
Amazing PIea 0ffereA.
An amazing phase OF the Brainard
defense IL the statement that In 1883
Harper 4 Brothers published San
gers History of Prostitution" "a
which the vice society brief replies:
"The fact that this probably deal,
with prostitution does not brand II
az an Illegal publication. nor doe.
the fact that 1t 10 In many public
libraries guarantee that it might mn
be the subject Of prosecution II sold
indtscriminately At low price
Tho entire book ('Nadeleins-) IL
obscene in its tendency to demor-
alixe those open to the influence OF
such publications in that It makes
a life Of vice much easier and more
profitable than one Of virtue and In
the end pictures an immaculate prod.
duct issuing from more than ten
years described Of harlotry. drunken
ness and other vices.
Courts Wlu ADD9y LaW.
Like all prohieitive lava Section
1141 Of the penal law. was enacted
for the protection ofNths weak-those
open to immoral influences. the young
and the mentally immatsre. To pre-
serve American standards Of morality.
the courts will continue 70, construe
and apply this law as in the past
There 10 . rather noisy elemaHt,
who, when deridinG so-called Puri-
tanism. are immoral themselves and
desire to bring others down to their
own, level One Of the curses Of the
present chaotic era in this respect.
an well az regarding other branches
Of law enforcement, is the number OF
administrative officers who are taint-
ed with this view and usurp the func-
tion Of deciding what laws shall be
enforced and what shall 60 unen-
forced-what laws they shall permit t
to be violated and nullified. Others
having less responsibility to the body
polite follow their example and as
q consequence we are now experience
ing . period Of unexampled lawless-
ness
Prsteetisa Of Sseiety.
law and society. They stand against
those who In Or out Of public office
would nullify the law by defiant dis
regard and open violation They will
not be swayed by the un-American
element. the immoral element, seeking
to place temptation in the way Of
those unschooled to resist it
those who at this period, more than
in any other period IN the nations
history, through lack Of restraint and
proper discipline, are open to such
influence.
In The People We. Muller. Daniels,
J. says: The object Of the law was
to protect public morals, especially Of
that class of the community whose
character is not so completely formed
as to be proof against the lewd effect
OF the pictures. photographs and pub
locations prohibited And where II
may be violated, that violation would
be In no sense relieved by proof that
similar acts were tolerated by the
public authorities OF other States or
counties
Court SastaiAed Brief.
And such toleration approved and
advocated by a very respectable but
strangely misled element OF the COM
munity who escaped punishment who
have an evil influence on immature
minds.
The defendants have sold, uttered
and published. or assisted in the sale.
uttering and publishing OF an obscene
book in violation of law and should
be held for trial therefor"
The court sustained the brief and
held Brainard in $500 bail for special
sessions.