Evening star., 1925-06-09
LEWDL|TERATURE
TEST CASE SOUGHT
Prosecutions Threatened by
End of Week Unless
Magazines Go.

Prosecutions Of news dealers here
who are violating the laws forbidding
printed indecency are expected to be
under way before the end of this week
unless nearly a score OF lascivious
magazines disappear from Washing
ton stands, II was indicated at the
Office of District Attorney Peyton Cor
don today
Maj. Gordon intends TO find one or
more perfect cases" He will take
these before the grand jury imme-
diately, demand hurried indictments
and then ask the Criminal Court TO
give the offenders the full limit OF
the law should they he found guilty.
There Is little doubt in the mind Of
the prosecutor that the court will
acquiesce.
Code Is Clear.
The code regulating the sale of i'm
modest literature In the National Capt.
tai is clear and unmistakable, without
a loophole for escape on technical
grounds. 1t plainly says that who
ever sells or offers to sell or give
away In the District OF Columbia
any obscene. Iewd or indecent book,
pamphlet. dra wing. engraving. picture.
photograph ;" shall be fined not
less than $50 nor more than $500 or
imprisoned not more than one year, or
both.
When Maj. Gordon. al the request Of
the Washington newsdealers. read be.
tween 30 and 40 magazines las month
ne found 26 instances that he thought
were clear-cut violations of the law
and ordered them banned. He has no
Doubt now that IL the same class OF
literature is being offered for sale
there will be little difficulty obtaining
convictions and ma Ximum penalties
Information has reached the Die
trlct attorney that the June issues OF
many or the same magazines are be
ing offered for sale. Mai. Gordon
will offer no objection 10 this pro
vided their contents have been radi-
cally changed from those of the pre-
cedins month. but officials of the
police department have already dis
covered several they believe to be
well beyond the pale of common de.
cency.
Some Innuendo Cases.
The District attorney believes there
would be no difficulty finding in
stances OF so-called 'borderline" vio-
lations = publications that contain
indecency by innuendo. He is conf.
dent, however, that he can find in
Vulnerable clear-cut violations and IL
Is these he will attack in his first Of
fensive. Then, II the "borderline''
cases continue, he will go after them.
Once the courts make it plain that
Washington is an improbable field
for printed immortality and lewd art"
however. Maj. Gordon does not be-
lieve ii will be necessary to extend his
offensive into the ella sses on the bor-
der line. These, he feels. will disa D.
pear. either through the fear Of the
dealers of feeling the extent of the
law or through the banishment Of the
more serious publications, cutting the
profits Of such dealers to the point
where they will look for means OF live
lihood in other lines of business
Newsdealers who have been inter
viewed. admit their profits from las
civious publications are small-a cent
on two on each copy sold. 1t will re-
quire the sale OF lot of copies, it was
pointed out. to pay the expenses Of
one or two fines of $500 each, which
would be compare lively low levy
even for first offense, I'm view OF the
fact the law permits a maximum OF
5000 and a year in jail.
Youths Are Buyers.
In view of the fact that il is the.
youth Of the Nation that is the largest
purchaser of these publications 1t
would be difficult TO find a merciful
court or jury. Every informed per.
son who has investigated conditions
has virtually been driven to the con-
clusion that lascivious publications
ar
TO attempt to enact in real life the
are pictured to them in some of the
magazines.
Some OF the newssta nds here that
flourish most in the sale of these
publications are gathering places for
high school boys and girls during noon
recesses or after school hours have
ended. A number of the dealers,
quick TO realize the eagerness with
which such magazines attract the
imaginative minds of youth. hang
them in their windows or put them
on outdoor stands, where they are
sure TO be seen, while the more
proper magazines occupy spaces on
little-seen shelves.
While the Police Department Is
seeking out copies that have already
been distributed in Washington. the
Inspection Division of the Post once
Department Is continuing its vigil TO
keep as many Objectionable magazines
as possible from entering the city
through the mails. Most of the more
Objectionable variety come in by eX-
press. however, which makes their
seizure considerably more diff1cult al
though 1t is believed 10 be just as
Illegal as shipment by mail.
Both the Federal and District Gov
ernments are determined, however. to
wage their campaigns without mercy,
and the officials in charge are conf
dent that they will soon succeed in
ridding the National Capital of sala-
cious literature. Considerable head.
way has been made already, but it is
stu easy to find copies of the unlaw-
full publications. and the authorities
have orders to fight without relaxing
until every newsstand has been COM
pletely cleaned up.