Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-19
SMOOT WINS BOOK
CENSORSHIP FIGHT
Senate Adopts Amendment
Whereby Federal Court
Passes Judgment.

ny the Associated Press.
The Senate today returned to the
more humdrum details Of the tariff bill
after a spirited discussion OF salaciouS
literature, which ended in the IMPOSE
ton of a modified censorship upon I'M
ported reading matter.
For two DAYS charges Of intolerance,
denunciations of the principle OF CEN
sorship and pleas for the protection
Of the morals of young America rang
through the Senate chamber, and then,
without the formality Of record vote,
the Senate acted last night.
n, adopted an amendment to the
tariff bill under which foreign htera-
talre considered obscene, immoral or
treaSonab BILE" may be seized at the port
of entry, but cannot be destroyed until
Il has been Judged in Federal Court
and decisions appealed.
A proviso permits the Secretary OF
the Treasury to admit, in his discretion,
such books as may be considered III
erary classics, but then only Tor non
commercial purposes.
The debate ran the 1un gamut OF
senatorial oratory, now fiery, vigorous
and shouted and again sinking to
half-audible murmur provoking to the
crowds in the galleries and the alert
Senate shorthand reporters. Pompous
RtatementS uttered with all the weight
and solemnity Of senatorial dignity
contrasted wildly with jocose and
whimsical remarks from lew ngnt-
sion less seriously.
Smoot Leads Fight.
Senator Smoot, the chairman OF the
finance committee, led the fight for CEN
Sorship and held his ground stead
tasty despite charges OF intolerance
and assertions that immoral passages
NAV be found in the literature OF the
Mormon Church, Of which he Is
prominent member.
Senator Cutting, Republican, New
Mexico, was in the vanguard OF the
opposition. He had previously sue
ceeded in having the Senate strike
censorship provision from the tar1h
bill and struggled valiantly to prevent
the reversal of the former decision.
The amendment finally adopted was
a modification of one offered by Smoot,
giving custom officials authority TO pre-
vent the entrance of salacious or trea-
sonable literature. This ran into OPP
position on the ground that 1t placed
In the hands of their agents q power
that should be exercised only by the
courts.
Much of the debate conferred upon a
Senate chamber by Smoot, which had
been seized as obscene by customs agents
under authority given them by existing
law. These found q wide circulation
among the Senate members, Smoot urg-
ing them upon his colleagues as ex-
amples of the type Of literature he was
attempting to bar from the country.
Text Of SmoOt Amendment.
The text of the 6moot amend
ment as adopted follows, in part:
"An persons are prohibited from i'm
porting into the United States from any
foreign country any book, pamphlet, pa
Der, writing, advertisement, circular,
print. picture, or drawing containing
any matter advocating or urging trea-
SON or insurrection against the United
the life of or infiict bodily harm upon
any person in the United States, or any
obscene book, pamphlet, paper, writing,
advertisement, circular, print. picture,
drawing, or other representation, figure,
image on or Of paper or other material,
or any cast, instrument or other article
which Is obsceIle or immoral or any drug
OF medicine or any article whatever for
the prevention Of conception or for
causing unlawful abortion. or any lottery
ticket or any printed paper that may be
used as a lottery ticket, or any adver-
hSement OF any lottery.
Provided futher, That the Secretary
Of the Treasury may, In his discretion.
admit the so-called classics or books
OF recognized and established literature
or scientific merit, but may, in his dis
erection, admit such classics or books
only when imported for non-commef-
cial purposes.
Upon the appearance Of any such
book or matter ct any customs ONCE
the same shall be seized and held by
the collector to await the Judgment Of
the district court, as hereinafter pro-
vided, and no protest shall be taken to
the United States Customs Court from
the decision Of the collector.
Upon the seizure of such book or mat
Ger the collector shall transmit irlfor-
nation thereof to the district attorney
OF the district in which is situated the
ONCE at which such seizure has taken
place, who shall institute proceedings In
the district court for forfeiture, confis-
cation, and destruction Of the book or
matter seized.
Upon the adjudication that such book
or matter thus seized is of a character
the entry of which Is by this section
prohibited, it shall be ordered DESTROYED
and shall be destroyed.
In any such proceeding any party in
interest may upon demand have the
facts at issue determined by Jury and
any party may have an appeal or the
right OF review, as in the case of
ordinary actions or suits"