The machinery of the law ground on with proverbial slowness, in this case taking from October, 1954 to March, 1956 to complete Round II, which is now, along with subsequent developments, being reported in full in ONE Magazine for the first time. The following excerpts from Vol. I, No. 1 of "ONE Confidential," an occasional newsletter circulated among Members and friends of ONE, are here reprinted, so as to show the line of argument used by ONE's attorney against the local Postmaster (Defendant), and the pertinent extracts from the decision of the United States District Court.

(From " ONE Confidential," Vol. I, No. 1)

THE POST OFFICE CASE

You already know that the Corporation protested the action of Postmaster Otto K. Oleson, Los Angeles, in withholding from dispatch the October, 1954, issue of ONE Magazine. This protest continued via various stages of legal maneuvering throughout 1955, finally reaching the U.S. District Court. The entire case is of such importance that the Corporation wishes its members to be fully informed as to what has taken. place. Liberal quotations from the masterly brief prepared by ONE's attorney follow:

... I. THE APPLICABLE LAW.

"I hope I will be forgiven for restating law on this matter which is, of course, very familiar to the office of the Solicitor. Nevertheless, I would like to emphasize certain positions stated in prior cases on this subject which are of particular import in this case.

"Basically, obscene matter is that 'tending to stir the sex impulses or to lead to sexuality, impure or lustful thoughts.' (Dunlop v. U.S., 165 U.S. 486, 41 Law Ed. 799; U.S. v. One book called "Ulysses", 5 Fed. Supp. 182) The subjective test of the obscenity of the matter is its effect on the AVERAGE reader, not the exceptional reader. (U.S. v. One book called "Ulysses," supra; U.S. v. Kenerrly, 209 F. 119; U.S. v. Musgrave, 160 F 700; U.S. v. One book called "Ulysses" 72 Fed 2d 705; Walker v. Popenoe, 149 Fed 2d 511).

"The standard must be the likelihood that the work will so much arouse the salacity of the reader to whom it is sent as to outweigh any literary, scientific or other merits it may have in that reader's hands.' (U.S. v. Levine, 83 Fed, 2d, 156)

"The intent of the author, and his sincerety and honesty are relevant.' (U.S. v. One book called "Ulysses," 72 Fed 2d, 705; Walker v. Popenoe, supra; Parmellee v. U.S., supra) . . .

"II. THE MAGAZINE TAKEN ARTICLE BY ARTICLE. Fictitious Story entitled 'Sappho Remembered.' Page 12. This story, I must admit in frankness, comes closest of any matter appearing in said magazine to arousing suspicion of 'obscenity. Upon scrupulous analysis, however, it will be seen that what at first glance might seem'off color' or 'spicy' in this story, is in fact innocent, and in truth and fact falls far short of the definitions laid by the cases of what is in fact obscene'

"Pavia closed the door upon their suite behind them, tossed her coat on a chair and gently drew the girl to her. 'Forgiven?' she asked at last. She touched the delicate pulse beat beneath the light golden hair on the child-like temple. Will there ever be a day when you won't blush when I do that,' she murmured'

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