Page:Federal Reporter, 1st Series, Volume 3.djvu/494

XJNITED STATES », WILLIAMS. 487 �Beparable from the term "publication. " That only such papers and ■writingB as partake of this character were intended to be declared contraband, seems to be indicated by a further review of the series of legislation upon the subjeet. The words "paper" and "writing" ûrst appear in the act of 1873, the title of which is "An act for the suppression of trade in and circulation of obscene literature and articles of immoral use." The statute is thus declared to be direeted only to such literature and articles as are intended for sale and cir- culation. Section 1 of this act imposes a penalty upon any one who, in any place within the exclusive jurisdiction of the United States, "shall sell, give away, exhibit, or otherwise publish, or have in possession for such purpose, any obscene book, pamphlet, paper, writing, or shall advertise the same for sale," �This section does not punish the preparation of an obscene paper or writing, but the publishing it after it is prepared; •nor does it forbid the possession of the same, but possession with intent to publish ; thus showing clearly that congress did not intend that the preparation of a paper or writing should be regarded as the publication of it. The next section pro- vides that "no obscene book, pamphlet, picture, paper, print, or other publication," etc., shall be mailable, and is merely a declaration that the mails shall not be used for the accom- plishment of the purposes prohibited in section 1 ; section 3 forbids the importation of the articles and things previously mentioned ; section 4 punishes government officers who abet the violation of the act; and section 5 authorizes a searchfor and seizure of the things named, by United States marshals, that they may be condemned. �The statute was intended to be complete in its scope, and to preveut — First, the sale and circulation; second, the dis- tribution by mail; third, the importation of the literature and articles referred to; a.na.,fourth, the seizure and condemnation of the same ; and, in order to determine what things are em- braced by the act, its several provisions must be construed together. �It wiU be noticed that "writing" appears only in section 1, ����