11. Reigen
box 19/1
22
people in the world. Judged by that criterion, we
think that books in general circulation throughout
the world, and which do not corrode or affect the
morality of other nations, can have no disastrous
effects onthe American people, orthe people of the
City of New York.
There is, however, another criterion which ought
particular value of a piece of literary work. He
must endeavor to dissociate himself from personal
sensibilities or inelinations. If that were not So,
the decision condemning or approving any literary
work, would depend on the judgment of a magis¬
trate, whose erudition or background may not guffi¬
ciently qualify him to determine so delicate and
difficult a question. Perhaps the magistrate ought
to inquire into the circumstances and motives which
cause the publications of a particular piece of litera¬
ture. The questions, accordingly, which ought to
be asked, and which might be of some assistance,
appearto bethese: Was the intention ofthe author
or publishers in the publication or circulation of
the particular work, a licentions one? Was it puh¬
lished with a view to appeal or to pander to the
lower impulses of human nature? Or was it, onthe
other hand, a piece of honest writing, reflecting the
condition of the day or mood of the author, spring¬
ing from an experience common to all humanity?
In my opinion, the book is of unusual literary
merit and contains nothing “obscene, lewd, lascivi¬
ous, filthy, indecent or disgusting'’ within the mean¬
ing of the Statute, and the decision of the ceurts
of this State in similar cases. Complaint dismissed.