The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1959-09-25
BY JAMES HOLLERN
ccWc Executive Secretary

H. B. 1916, was passed
over the Governors veto
1927 in the House, but
the Senate's favorable
1879 vote was seven short of
that needed.
The bill would have repeal
ed a section of the Ohio Code
which exempts publications
with second class mail per
mits from prosecution for OBJ
scenity. The section came to
light in an obscenity trial in
CleVelapd when magazines
deemed obscene by the prose
cutor were removed from evil
dence because they had sec
ond class permits.
In his veto, Governor Di-
Sale said the bill would en-
danger freedom of the press
and that it was unnecessary
because the post office close
ly checks the contents of pub
locations with second class
permits.
Backers Of the bill said
Governor Disable was "misin-
formed" They include the
Ohio Prosecutors Association
and the Ohio Citizens for De-
cent Literature.
In support of their position,
they obtained a telegram
from Herbert Warb urton
general counsel for the Post
Office Department, which de-
clared that second class en-
try does not certify that the
content of a publication is not
obscene"
The permit means that at
the time of its granting the
publication met certain legal
requirements, including those
respecting obscenity, Warbur-
ton said. He warned: Ceases
have been experienced in
which a publisher has been
granted second class entry
and then has changed the
public atoms content and
thereafter never distributed
it by mail.
"In those cases, the pur-
pose may have been to meet
the requirements Of a statute
similar to that Of Ohio which
would confer immunity from
criminal prosecution even
though the content of the
publication subsequently be-
came obscene"
Cuyahoga County Prosecu.
tor John T. Corrigan, chair
man of the Ohio Prosecutors
legislative committee, said
the special exemption in the
Ohio law provides for "the
legal abuse of freedom of the
press since it protects from
prosecution obscene publica-
lions of the worst sort just
because they have second
class permits.
HOSPITALS
One Of the most controver-
sial bills introduced in the
Ohio Senate this session was
= measure that would require
hospitals TO allow any licens.
ed physician to treat any pa
tlent in any hospital at the
request Of the patient. The
bill was soundly defeated in
the Senate by a vote of 900
on July 3. The measure had
been introduced by the Pres
ident Pro TEN of the Senate
Frank King Dem, Lucas.
The Ohio Hospital Associa.
ton, the Ohio Medical Associ-
alton and the Ohio Catholic
Welfare Conference strongly
opposed this bill. The opinion
had been expressed that the
bill was unconstitutional.
SD. 116, which makes per
manent the authority of
Boards of County Commits.
sloners to construct and lease
hospitals received the final
legislative approval and was
signed by the Governor. If the
measure had not been passed.
the authority OF boards of
county commissioners to con.
strGet new hospitals would
have expired on Dec. 81, 1860.
In February, 1859, a mea-
sure was introduced in the
General Assembly by Senator
O'Shaughnessy ID, Franklin
which would have limited the
liability of hospitals and char.
table institutions to $4,000
for the negligent acts of their
employees. 1t was soon learn
ed that the Ohio Constitution
does not permit the limiting
OF liability and a substitute
bill was intr o duced that
would make hospitals and
charitable institutions liable
only in the case of gross neg.
ligence OF acts of their ser.
wants.
The legislation is not some
thing new in the way of pro-
lection for charitable organi-
cations. The organizations had
a greater protection than
would have been afforded UNI
der SUB. S.B. 241 for over
100 years prior to 1856, when