It is well that the citizen should be acquainted with the laws of his
country. In earlier times the laws of a nation were graven upon tablets
and set up in the market place. I myself have seen a sign: "Bohemians
are not permitted within the precincts of this commune"; but the laws of
a great republic are too complex and arcane to permit of this simple
treatment. I confess to having been a bad citizen, to just the extent of
having been ignorant that at any moment my works might be classed in
law's eye with the inventions of the late Dr. Condom.
It is possible that others with only a mild interest in literature may
be equally ignorant; I quote therefore the law:
Section 211 of the United States Criminal Code provides:
"Every obscene, lewd, or lascivious, and every filthy book, pamphlet,
picture, paper, letter, writing, print, or other publication of an
indecent character and every article or thing designed, adapted, or
intended for preventing conception or producing abortion, or for any
indecent or immoral use; and every article, instrument, substance, drug,
medicine, or thing which is advertised or described in a manner
calculated to lead another to use or apply it for preventing conception
or producing abortion, or for any indecent or immoral purpose; and every
written or printed card, letter, circular, book, pamphlet,
advertisement, or notice of any kind giving information directly or
indirectly, where, or how, or from whom, or by what means any of the
hereinbeforementioned matters, articles, or things may be obtained or
made, or where or by whom any act or operation of any kind for the
procuring or producing of abortion will be done or performed, or how or
by what means conception may be prevented or abortion produced, whether
sealed or unsealed; and every letter, packet, or package, or other mail
matter containing any filthy, vile or indecent thing, device, or
substance; any and every paper, writing, advertisement, or
representation that any article, instrument, substance, drug, medicine,
or thing may, or can, be used or applied for preventing conception or
producing abortion or for any indecent or immoral purpose; and every
description calculated to induce or incite a person to so use or apply
any such article, instrument, substance, drug, medicine, or thing, is
hereby declared to be non-mailable matter and shall not be conveyed in
the mails or delivered from any post-office or by any letter carrier.
Whoever shall knowingly deposit, or cause to be deposited for mailing or
delivery, anything declared by this section to be non-mailable, or shall
knowingly take, or cause the same to be taken, from the mails for the
purpose of circulating or disposing thereof, or of aiding in the
circulation or disposition thereof, shall be fined not more than five
thousand dollars, or imprisoned not more than five years, or both."
It is well that the citizens of a country should be aware of its laws.
It is not for me to promulgate obiter dicta; to say that whatever the
cloudiness of its phrasing, this law was obviously designed to prevent
the circulation of immoral advertisements, propaganda for secret cures,
and slips of paper that are part of the bawdy house business; that it
was not designed to prevent the mailing of Dante, Villon, and Catullus.
Whatever the subjective attitude of the framers of this legislation, we
have fortunately a decision from a learned judge to guide us in its
working.
"I have little doubt that numerous really great writings would come
under the ban if tests that are frequently current were applied, and
these approved publications doubtless at times escape only because they
come within the term "classics," which means, for the purpose of the
application of the statute, that they are ordinarily immune from
interference, because they have the sanction of age and fame and USUALLY
APPEAL TO A COMPARATIVELY LIMITED NUMBER OF READERS."
The capitals are my own.
The gentle reader will picture to himself the state of America IF the
classics were widely read; IF these books which in the beginning lifted
mankind from savagery, and which from A.D. 1400 onward have gradually
redeemed us from the darkness of medievalism, should be read by the
millions who now consume Mr. Hearst and the _Ladies' Home Journal!!!!!!_
Also there are to be no additions. No living man is to contribute or to
attempt to contribute to the classics. Obviously even though he acquire
fame before publishing, he can not have the sanction of "age."
Our literature does not fall under an inquisition; it does not bow to an
index arranged by a council. It is subject to the taste of one
individual.
Our hundred and twenty millions of inhabitants desire their literature
sifted for them by one individual selected without any examination of
his literary qualificatons.