I, Erzählende Schriften 30, Casanovas Heimfahrt, Seite 134

Casanovas Heimfahr
box 4/11
30 neneneterecetete e eche e
ing efthis final chapter of Casanova's life is likely
to emulate him; no one is likely to be attracted to
the sorry existence that is depicted for him. On
the contrary, his acts and their consequences have
all the force of a powerful moral tract; urging recti¬
tude byshowing the bitter fruits of debauchery and
The Law.
Section 1141 of the Penal Law forbids the manu¬
facture or sale of any material that is Pobscene,
lewd, lascivious, filthy, indecent or disgusting“.
It must be borne in mind that this is not an
ordinary eriminal statute. It is one in derogation
of the Bill of Rights as expressed in our State and
Federal Constitutions. Hence, if the Courts are
bound to exercise care in the application of an
ordinary penal law and to resolve all doubt in favor
of a defendant in determining whether or not there
is reasonable ground to believe a crime has been
committed, this Court must administer the obscen¬
ity statute with all the greater circumspection and
(1) This book is not pornographic and has none
of the earmarks of that kind of dirty literature
which is sold under the counter. The name ofthe
author stands high as a creator of literature. The
leading educational institution of America, Colum¬
bia University, in one of its outstanding extension
courses, not only refers to Dr. Schnitzler as one of
the six great German writers of our age, but com¬
ments with approval on this very volume. To con¬
demn this volume is to indict the community.