CONCLUSION.

"It is respectfully submitted that NONE of the portions of the October issue of ONE Magazine are obscene

The following excerpts from, "UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CENTRAL DIVISION No. 18765 TC CIVIL ORDER ON MOTIONS FOR SUMMARY JUDGMENT" are taken from the Court's decision:

The publication of the plaintiff entitled ONE, The Homosexual Magazine' is non-mailable matter within the meaning of 18 U.S.C.A. 1461. 'Sappho Remembered' and other stories are obviously calculated to stimulate the lust of the homosexual reader. The poem 'Lord Samuel and Lord Montague' in particular, is filthy and obscene. Many of the advertisements contained in the publication including the advertisement for the Swiss publication The Circle' lead to the obtaining of obscene matter. For these reasons, the injunction against the plaintiff should remain in force.

"The suggestion advanced that homosexuals should be recognized as a segment of our people and be accorded special privilege as a class is rejected

"Dated: This 1st day of March, 1956. Thurmond Clarke, U. S. District Judge."

It will be noted that this decision contains numerous points of considerable significance:

1st: By what means would Judge Clarke support the contention that "Sappho Remembered" is "obviously calculated to stimulate the lust of the homosexual reader" ?

In view of the clearcut statements in ONE's brief it would appear that the point is by no means "obvious." Nor has ONE, whose communications from "the homosexual reader" might be supposed to be more extensive than Judge Clarke's, been able to discover anyone in whom such reading has been found to " stimulate the lust."

2nd: We are also unable to discover in what ways and regarding what passages Judge Clarke finds "Lord Samuel and Lord Montagu" "filthy and obscene." This is indeed a serious complaint and deserves, we feel, thorough examination, analysis and conclusive evidence. The present decision appears not to afford these.

3rd: As publishers, operating under the specific guarantees of the Constitution of the United States (with the many court decisions subsequently based upon it) ONE is not satisfied with a mere court statement that advertisements contained in the October, 1954 issue either, "Many of the advertisements," or ANY of them," lead to the obtaining of obscene matter." ONE cannot accept, without further and substantial reasoning, the validity of such statements.

4th: It does not appear in what ways, to what degree and in which respects, Judge Clarke finds "The Circle" to be "obscene matter." In view of its nearly 25 years of publishing experience in Switzerland, a country noted for its high standards of morality, the opinion smacks of so much improbability as to seem frivolous.

5th: Judge Clarke's implication that homosexuals are not "a segment of our people" is indeed astounding. Is it his contention that homosexuals are not people? Does this astonishing statement not sound strangely like

one