11. Reigen
box 19/1
19
book“ within the meaning and intent of Section
1141 of the Penal Law.
The book was written by Arthur Schnitzer, an
author of distinction, who enjoys the reputation of
being a brilliant and accurate portrayer of contem¬
porary Viennese life. Born in 1862, he lived the
greater part of his life in Vienna. He devoted him¬
self to the study and practice of medicine. The
author appears to be a keen, scientifically trained
man, whose ability as a diagnostician reveals itself
in his study of the erotic emotions of sex and the
temperament.
From a literary point of view the style of the
book may be called brilliant. Mr. Schnitzler has
written these duologues in restrained language.
keen analysis on the author’s part, of the emotions
referred to. In“Reigen', all members of the social
heirarchy are linked together by unwitting partici¬
pation in the same plot. Thé sequence of duologues
is developed in a refined manner and the delicacy
of their execution establishes the book as a work
of art.
The test of an obscene book is whether its tend¬
ency is to deprave or corrupt those whose minds
are open to such immoral influences and those who
might come into contact with it, and this test has
been accepted by the Courts of our State. People
vs. Seltzer, 122 Misc. 329; People vs. Doris, 14 App.
Div. 117; Halsey vs. New York Society, 234 N. V. 1;
People vs. Brainard, 192 App. Div. 816. Applica¬
tion of the test annonneed by authorities require a
holding that the book does not fall within the pur¬
view of the Statute. The mere reference to sex
does not, of itself, make a book indecent or salacions.
Although the theme of the book is admittedlythe
quite universal literary theme of men and women,
the author here deals with it in a cold and analyt¬
ical, one might even say, scientific, manner that
precludes any salacious interpretation. A careful
scrutiny of the text reveals not a single line, not a
single word, that might be regarded as obscene,
lewd, lascivions, filthy, indecent or disgusting with¬
in the meaning of the Statute.
box 19/1
19
book“ within the meaning and intent of Section
1141 of the Penal Law.
The book was written by Arthur Schnitzer, an
author of distinction, who enjoys the reputation of
being a brilliant and accurate portrayer of contem¬
porary Viennese life. Born in 1862, he lived the
greater part of his life in Vienna. He devoted him¬
self to the study and practice of medicine. The
author appears to be a keen, scientifically trained
man, whose ability as a diagnostician reveals itself
in his study of the erotic emotions of sex and the
temperament.
From a literary point of view the style of the
book may be called brilliant. Mr. Schnitzler has
written these duologues in restrained language.
keen analysis on the author’s part, of the emotions
referred to. In“Reigen', all members of the social
heirarchy are linked together by unwitting partici¬
pation in the same plot. Thé sequence of duologues
is developed in a refined manner and the delicacy
of their execution establishes the book as a work
of art.
The test of an obscene book is whether its tend¬
ency is to deprave or corrupt those whose minds
are open to such immoral influences and those who
might come into contact with it, and this test has
been accepted by the Courts of our State. People
vs. Seltzer, 122 Misc. 329; People vs. Doris, 14 App.
Div. 117; Halsey vs. New York Society, 234 N. V. 1;
People vs. Brainard, 192 App. Div. 816. Applica¬
tion of the test annonneed by authorities require a
holding that the book does not fall within the pur¬
view of the Statute. The mere reference to sex
does not, of itself, make a book indecent or salacions.
Although the theme of the book is admittedlythe
quite universal literary theme of men and women,
the author here deals with it in a cold and analyt¬
ical, one might even say, scientific, manner that
precludes any salacious interpretation. A careful
scrutiny of the text reveals not a single line, not a
single word, that might be regarded as obscene,
lewd, lascivions, filthy, indecent or disgusting with¬
in the meaning of the Statute.