Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-07-22

ChdtterIeY,
Appeal Eyed
Postal authorities are con-
sidering appealing yesterdays
ruling that the novel Lady
Chatterley's Lover" is not OBJ
scene.
The latest ruling on the con-
troversial book was handed
down in New York by Fed
eral District Judge Frederick
Bryan.
Judge Bryan ruled that the
d. H. Lawrence book, banned
from the mails by Post
master General Summerfield
last month, is entitled to the
projections guaranteed to &.
the press by the First Amend
ment."
A spokesman for the Post
Office Department said the de-
partment. lis now discussing
the aspects of the opinion
rendered with the Depart
ment of Justice with respect
to taking an appeal"
Will Issue Order
Judge Bryan said he would
issue an order restraining the
Government, from denying
the mails to this book or to
the circulars announcing its
availability"
Mr.. Summerfield had ruled
that, taken as a whole, (the
book is an obscene and filthy
work"
Judge Bryan said in a 30
page opinion that he personally
did not find the book objec-
tionable. And at any rate. he
added. the Post Office Depart
ment has no right to assume
the role of censor.
The decision was hailed by
two firms that published and
distributed for the first time in
this country an unexpurgated
version of the novel.
Said Arthur j. RoSenthal,
president of Readers Sub
Scription. Inc. distributors of
the book:
Thanks to this historic de-
ciSiQn. the role of the Post
master General as a literary
referee for the Nations readers
has been terminated"
Halls Important Victory
And Grove Press, Inc, pub
fishers, said in a statement:
Judge Bryans historic deci-
sion represents an lmpor-
tant victory for freedom of the
press in this country"
The Post Office Department
last June II banned the book
as obscene, thus barring its dis
trlbution through the mails
However, there was no ban on
other means of circulation and
it has enjoyed a good sale
through bookstores.
A motion picture version Of
the novel also had been banned
in New York State under State
laws. But this ban was struck
down by the United States Su-
preme Court and the movie is
now being shown.
Lady Chatterley's Lover"
recounts the illicit love affair
between a woman of rank and
her husbands gamekeeper.
In arguing against the post
Office ban, defenders OF the !
novel said times have changed !
and most of the words and
scenes in the 31-year-old novel
are tame beside the liberties
taken by some modern novellstS.
Opinion Cited !
Judge Bryan declared in his !
opinion: s
To exclude this book from :
the mails on grounds of :
obscenity would fashion a rule \
which could be applied to a
substantial portion of the
classics of our literature. Such !
a rule would be inimical to a s
free socity" :
He added: :
Il hold that. at this stage !
in the development of our !
society, this major English !
novel does not exceed the :
outer limits of the tolerance {
which the community as a :
whole gives to writing about sex {
and sex relations. !
Judge Bryan, referring to :
previous decisions in the courts, \
said it wasn't up to the Post /
master General to make a final
decision as to whether any
book is obscene. /
That. said the jurist, would \
IN effect give the Postmaster \
General the power of censor !
ship. No such authority has \
been given this official, the \
judge added. :