"It is respectfully submitted that such an episode is not obscene. Countless examples may be found in literature, drama and motion pictures where one woman lovingly kisses another. There is nothing obscene in such an act, if it is done or described with delicacy.

"There is another aspect of this: what if this were a man kissing a woman, lovingly, and even with sexual desire manifest? This is of course the common material of all love novels. Are such scenes deemed to arouse the sexual impulses' or 'salacity' of the average reader to such an extent as to render them obscene? This is not the absurdity it might seem, for in Japan such is in fact the case. But in this country the description of a kiss between a man and a woman is not considered to adversely affect or arouse the reader. Carrying this argument further, therefore, can we say that the description of a woman kissing a woman arouses the sexual desires of the reader? Certainly not. If the average. reader would not be sexually aroused by a description of a man kissing a woman, there is certainly nothing stimulating about a woman kissing a

woman.

"Pavia's mind could not leave her hotel suite, where the girl she loved above all else was waiting for a fatal call.'

"The statement that a woman loves another woman above all else is not, per se, obscene. While a description of homosexual acts between women, spelled out in detail, could conceivably be considered obscene, a mere statement that one woman 'loves' another, is innocent. Innumerable references of love between men and men and women and women are to be found in world literature from the Bible to the present day

"Poem entitled 'Lord Samuel & Lord Montagu,' Page 18.

"This is a satiric and burlesque poem, taking as its theme the recent scandal' in England concerning the prevalence of homosexuality in that country, and commenting satirically upon a statement by one Viscount Samuel on England. Here too, let us consider each passage of the poem which might be suspected of being obscene'

'Lord Samuel is a legal peer

(While real are Monty's curls!)

Some peers are seers but some are queers

And some boys WILL be girls.'

"Comic statement that some peers are queers . . . and some boys will be girls.' This is merely a statement that among the nobility one finds homosexuality. The use of the word 'queer' is, admittedly, vulgar; yet the law is clear that vulgarity does not come within the purview of the obscenity statutes. (U.S. v. Wales, 51 F. 41)....

'Would he idly waste his breath In sniffing round the drains Had he known King Elizabeth' Or roistering Queen James'?'

Again the poet asks if Samuel would be so intolerant if he were more familiar, for example, with English history, which includes a number of noted homosexuals. The reference to 'sniffing round the drains' is a reference to public toilets and rest rooms as a gathering place for homosexuals. Sniffing round the drains' may, in fact, be an offensive picture and a provocative phrase, but at most it is only an example of what might be termed' toilet humor' which emphasizes the anal rather than the erotic Such humor arouses disgust rather than erotic desire and, as pointed out