Birth control laws : $b shall we keep them, change them, or abolish themDennett, Mary Ware
History
Birth control laws : $b shall we keep them, change them, or abolish them
Dennett, Mary Ware
Birth control; Birth control -- Law and legislation -- United States
containing letters which are being carried contrary to law on board any
vessel or on any postal route.”
Comstock’s special power under New York State law was in connection
with his position as Secretary of the Society for the Suppression of
Vice. This Society was incorporated by the New York Legislature in
May, 1873,—within six weeks of the passage of the Comstock bill by
Congress. Section 3 of the Act of Incorporation states the object of
the society to be “the enforcement of the laws for the suppression of
the trade in and circulation of obscene literature and illustrations,
advertisements, and articles of indecent and immoral use, as it is
or may be forbidden by the laws of the State of New York or of the
United States.” Section 5 contains an extraordinary provision, which
reads this way: “The police force of the city of New York, as well
as of other places, where police organizations exist, shall, as
occasion may require, aid this corporation, its members or agents, in
the enforcement of all laws which now exist or which may hereafter
be enacted for the suppression of the acts and offenses designed in
Section 3 of this Act.” Note that the police force was to aid the
Society, not the Society the Police. An almost incredible further
provision in the original Act of Incorporation was that “One half the
fines collected through the instrumentality of the Society, or its
agent, for the violation of the laws in this act specified, shall
accrue to its benefits,”—a provision which fortunately was soon
repealed.
This unusual sharing of official responsibility for law enforcement
between government officials and private citizens was carried still
further, by the enactment, two years later, of Section 1145 of the New
York Criminal Code, which under the general heading of “Indecency”
is subtitled, “_Who may arrest persons violating provisions of this
article_” and reads thus: “Any agent of the New York Society for the
Suppression of Vice upon being designated thereto by the sheriff of
any county in the State, may within such county make arrests and bring
before any court or magistrate thereof having jurisdiction, offenders
found violating the provisions of any law for the suppression of the
trade in and circulation of obscene literature and illustrations,
advertisements and articles of indecent or immoral use, as it is or
may be forbidden by the laws of this State or of the United States.”
According to John S. Sumner, the present secretary of the Society,
Comstock “_was always deputized_” by the sheriff. “He liked the
arresting and all that sort of thing,” said Mr. Sumner with a rather
tolerant smile; “I don’t care much for it, myself.”
Public-domain text, read in full here on John Shaqi.
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