ROUND III:

Although ONE had not been overly hopeful of a favorable verdict, you can imagine the suspense in which the foregoing decision was awaited, and the astonishment with which Judge Clarke's comments on the homophile minority was received.

An appeal of ONE's action against the local postal authorities was at once. taken under consideration, and finally decided upon. Los Angeles is in the Ninth Federal Circuit, and the Court of Appeals for this circuit usually holds its hearings in San Francisco, as we have already indicated. We began to tighten our already very tight belts against the expense of filing an appeal, and sending our attorney to San Francisco to reargue our case. The following excerpts from Vol. I, Nos. 2 & 3 of ONE Confidential are here reprinted, showing ONE's argument before the Appellate Court, and a brief description of the actual hearing.

(From ONE Confidential, Vol. I, No. 2)

Those who read in the first issue of ONE Confidential about ONE'S lawsuit against the Los Angeles Postmaster Otto K. Oleson will undoubtedly want to know more about this important case.

Since Judge Thurmond Clarke's March 1st decision in Los Angeles, our attorney has prepared and filed, July 13, in the United States Court of Appeals for the Ninth Circuit (San Francisco) a brief of 34 closelypacked pages. With it was also an Appendix of 16 pages of passages culled from fairly recent books and magazines as illustrating current trends. in frankness in the literary treatment of homosexuality. Excerpts from the brief follow:

"There is really only one issue to be decided in this matter: Is the October, 1954 issue of ONE Magazine non-mailable matter under the provisions of the U. S. Code, Title 18, Section 1461, reading:

Every obscene, lewd, lascivious, or filthy book, pamphlet, picture, paper, letter writing, print or other publication of an indecent character, Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained. . . . is declared to be non-mailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.'

SPECIFICATIONS OF ERROR:

"1. The October, 1954 issue of ONE is not lewd, lascivious, obscene or filthy, under the standards set forth in 18 U.S.C.A. 1461, and the Findings of Fact set forth in Paragraph VI of the trial court's Findings of Fact, Conclusions of Law and Judgment, are erroneous as a matter of law and fact.

"2. The action, of the Defendant in refusing to transmit said magazine is arbitrary, capricious and an abuse of discretion, unsupported by evidence, deprives Plaintiff of equal protection of the laws and constitutes a deprivation of Plaintiff's property and liberty without due process of law, and that therefore, the trial court's Conclusions of Law, specifically Paragraph I thereof, are erroneous as a matter of law and fact.

ARGUMENT: "I. The Applicable Law is Well Settled.

"It is elementary in construing 18 U.S.C.A. 1401 that: The book AS A

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