Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-17


also in other dominions of the Brit
| ish Empire. An editor OF the
Christian Enquirer. published III
! Toronto, has been convicted or puo-
| fishing a .blasphemous libel, speaking
scurrilously of God. In his defense,
| conducted by negro lawyer. ne Sc.
up the plea that it was not the Goo
| of Moses or of Christians, but or the
ancient Greeks. to whom ne was
abiding, though his language bore
even less similitude to Zeus or JoVe
| of Olympus or to the Roman Jupiter
than it did to the familiar language
describing Jehovah as "a jealous
God" Jove and Jupiter were famil-
iarly depicted as "jovial," rather than
awful in majesty and power. the
blasphemer alluded to this toucny
Jehovah" and to IAN irate old party
His defense, therefore, in seeking an
alibi. on Olympus or Capitoline Hill,
was so puerile that it aggravated his
guilt, in the minds of the jury.
The Judge, in charging the jury
said
1--WE have been taught to rever-
ence the name of God. We regard
Him as the Supreme Ruler of the
universe. also as our Maker ana
| Greater, through whom alone we
believe we live and move and nave
| our being. All that we have in this
| world worth having we believe comes
from God. We look to Him also TOT
| our salvation in the world TO come
after we have passed out OF TINS
| life. . We allow that any per
son NAV disbelieve in God and the
Bible and may express that bellef
i'm language or by writing. we IN
| sist however, that in doing so the
! language or writing must be couched
| in respectful terms. when the
| language or writing is in sucn uls-
respectful and indecent terms as to
be resisted by, or be an ofense To-
all our God fearing people, ana 10
outrage their feelings and sense OF
| propriety, then it becomes BIAS
phemy. 1t is for you TO oeclue
Whether the expressions in this pa
per. which the accused says ne pup
/ iished for which he is wholly re-
| snonsible. have passed the limits or
! a decent. respectful expression OF
! opinion. ,,4 l.. .
| The Jury promptly brought In a
verdict of guilty, and the sentence or
the court was Imprisonment FOR oV
DAVIS. with the courts recommendation
that at the conclusion OF the term the
| alien defendant be depor'eo irohi
Canada. :.
| II will be assumed by many tnat
such a case could not be in the unlteo
States. and that it demonstrates the
| fundamental difference DetWeen law
| in a country having an estaDllsneo
l. burcb and O. country whose Constr
tution declares in it's So-called Bill
| of Notwithstanding the first amend
nent-that Congress shall make no
| law respecting an establishment OF
religion. or prohibiting the free eXer-
cise thereof; or abridging the freedom
of speech. or of the press.
The case is not so simple, however,
according to experts on constitutional
law. as that amendment may suggest
at first glance. There Is nothihs
in that first amendment which guar
antees freedom Qicense) OF speech OF
the liberty of the press; 1t merely
saws that Congress shall let those sub
iects alone. 1t relegates those sub
iects to the States, and, until States
act thereon, it leaves the regulation
wholly to the common law" inherited
directly from England-the same
source from which Canada gets her
common law in advance of her statu-
tory enactments.
Inquiry or Ine OIllCldlS Oh the
limited States Post Office Department
discloses the fact that there is no Fed
eral statute prohibiting the mailing
of blasphemous literature. Magazines
and newspapers Of the most out
IA geous blasphemy pass freely
through the mails. Only indecent"
and Immoral" 'scurrilous," las
ciyious." filthy" and vile" literature
is barred There exist many papers
and magazines devoted wholly or
mainly to attacks on churches and
religious faiths. They cannot now be
excluded from the mail. although 1t
is within the power of Congress to
adopt such legislation as would bar
them. 1t is the theory of Congress
that the mailing privilege for any
body is a privilege and not a right;
it may, therefore. be taken away
arbitrarily. but only by Congress.
Whether the term ''scurrilous" could
be construed as covering blasphemous
has not been decided in court. 1t
might necessitate that Congress de-
fine sectarian disputes. so that
denial of what adherents of a particu
lar church held dear would be con-
sidered "scurrilous." But what Is
Congress, that 1t should pass on such
controversial questions. in a Govern
ment STIMULATING complete separation
of church and state.
y
The States have legislated as to
liberty Of the press and Of speech.