The Washington times., 1919-12-16
'bRA|NARDMAY
Be JA|[EDFOR
0BSCENEBOOK
H. 7. Vice Society to Press His
Prosecution for Publishing and
Selling madeleine"
YEAR AND $1,000 POSSIBLE
Offer to Drop Case II Volumes
Were Recalled and Plates
Destroyed Is Denied.
YEAR AND $1,000 POSSIBLE

s~SW ASIAO- AO~~ Ab--(LutOu u.
beatnard secretary OF the extraordi-
nAry grand jury which Is seeking to
Investigate the Hyian Administration.
may 60 to jail for . year II the
court OF special sessions sustains the
lower court ruling In the 'Madeleine"
caaa
The penal code also gfves the court
OF special sessions power to add 81 900
nne to the years imprisonment, on
conviction for the offense OF publish
ing "a lewd, lascivious, indecent, OBJ
scene book" This Is the crime for
which Brainarc, as president Of Har-
the Morgan tnteresta, 10 now held In
3see bail
John 8. Sumner. secretary of the
New York Society for the Supprsasion
Of Vice, wAo originated the prosoeu-
tien Of BrainArd. said last night that
the defendant's official social or COM
mercial connections would avail him
nothing.
Ne 1esUeeter sf PefssaA
Secretary Sumner added:
Even the fact that BrainArd II
Soeretary OF the extraordinary grand
Sy means nsthing to US any more
oan IL he were Q common dy-by-
hAght peddlef Of nlthy fiction.
when the case came up Harper 4
0soA professed indignation that
representatives Of q publishing house
WITH history running back 113 years
- thereabouts should be subjected to
sch action We are not concerned
WITH that The very fact that the
nsuss possassss such traditions 10 all
&Ao more reason Tor Il to avoid mixing
eksslf up with sueh hlthy literature.
8As law - net. and should not be, q
SODscter sf Dersona
DeaAss WstAlzuvs.a 0Res.
There appears to Be q misunder-
BANDING from the published accounts
= the recent hearing In court a. to
NE society's attitude I want to make
t clear that We did not offer to with
oraw prosecution IL the books pub
1shed were recalled and the plates
1sstroyedL
Harper 4 Drss. made the oner, and
Che society was ready to accept for
the main purpose of our complaint
was to stop the sale and circulatiou
OF the books. We prefer that to long
drawn out litigation covering q per-
iod during which the sales might con-
tfnAe. -. =
WIN Pu.A Prsseeutss~.
IN the present case, apparently,
there u nething to fear from the
further circulation Of -MadeleinA"
aAd We VIZ proceed right onward. a.
witnesses fer the people before the
court OF special sessions. Brainard's
position win not lessen our energy.~
The Society for the Suppression Of
Vtce has sent letters to the public
morals organizations throuGhout the
eeantry, informing them Of the sala-
cious nature of -Madeleins,' and sue-
gesong action In PHILADELPHIA the
Anti-Vice Society searched the city,
but could not locate a single copy
Booksellers apparently refused to
handle 1t even before the courts de-
eision was announced
Whether application will be made
- har ths book from the mails de-
p0ds upon the publishers attitude in
the future Mr. Sumner said, explain
~:ng:
Before . book can be barred evil
dence must be presented to the POST
office Department that the book has
been put into the mail. Then, on COM
z plant OF the indecent character of
the publication. the matter may be
pot before Federal grand jury, and
an indictment found
FeAera jury My Aet.
In the present case. regardless of
the final decision of the New York
courts, the Federal grand Jury could
act and the offender be brought to
trial So II any move to mail the
book 10 made in the future this So
ciety would have cause to take the
matter up with the Federal authori-
tieA-
Brainard-s defense, as outlined In
the brief of John Larkin. his attor-
ney. which has been submitted to the
court. makes this claim for Made
leine:"
Its price. style OF publication
total lack OF Advertising, total lack
Of Illustrations, and all the other
circumstances of its issue, to wit
elimination OF original title. instruc-
lions TO statesmen, submission to rep
= resentatiye persons and publications
Tor opinions, All show the serious pur-
pose Of the publishers"
Society Skaters PI~a-
The Vice Society disposed of this
argument In its reply, by answering:
-Price-ordinary fiction sells now
Tor fi.7o and thereabouts. The price
Df this book Is s.
style OF fpublication-Similar In an
sespects to works of fiction
"Advertising-very effectively ad-
vertised by the usual methods, ex-
elusive of paid Advertising
Lack OF observation-disclosures OBJ
vious.
ELIMINATION Of original title-A
concession to the dignity of Harper
q BroA
The Proposed titie, The Woman
VINO Woald Come Back 10 too sux
gsstive Of the Sensational fly-ey-
night publisher.
~Instructaoas to salesmen-Inef-
fsctive-
Submission TO representative pub
hcations for opinions-after publi-
cation, on or about October 10. 1919
for justification and not for guidance.
But there II proof that they never
sought or received legal advice In
the matter. This would have been
the logical thing to do when they
were putting q great amount Of time
and money into the pubIicatfo,p