30.
asanovas Heimfahr
Can— e Sinlane en le
box 4/11
did, however, submit the question as to whetherthis
book was obscene to the Grand Jury, who found
an indictment, which indictment was subsequently
dismissed. However, what the circumstances were
of the dismissal have not been fully made patent
to me, but, in any event, there never was a trial
of said indictment, and the record shows the same
was dismissed. While the said indictment was
pending, it appears that the matter received the
attention of a Judge of the Supreme Court upon a
demurrer to the indictment, and the demurrer so
heard by said Justice was overruled. The Justice
rendering the opinion in the case did not determine
the question as to the obscenity of the book, but
relegated the case to the court of proper jurisdic¬
tion, which was the one in which the indictment
had been found. He stated in his opinion that he
could not as a matter of law decide that the said
book was obscene, but remanded the case back to
the Court of General Sessions, so that a jury might
determine the question.
This Court has given this case very deep and
thorough consideration. It has had the advantage
of an excellent brief by Mr. John S. Sumner ofthe
Society for the Suppression of Vice, whose loyal
and earnest endeavors not only in this case hut
in others, this Ccurt must pay tribute to. Onthe
other side of the case, the Court must highly com¬
mend Mr. M. L. Ernst and Mr. Newman Levy for
the most excellent brief and compilation of opinions
of men learned in journalism, sociology and in the
literary field.
This Court has come tothe conclusion that the
book in question is not obscene; that there is
nothing within its covers which tends to impairthe
morals of any one reading it, and that process will
not be issued for the arrest of these defendants.
The summonses before the Court are dismissed,
andthe defendants will take the necessary steps to
cause such books as were taken upon the execution
of the search warrant to be returned to them.