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California's commissioner of immigration at the time deemed them "lewd and debauched," and a state law banned the women from entering the U.S. unless each paid $500 in gold. The state law was ruled unconstitutional in 1875 by the Supreme Court, which reaffirmed that immigration laws are for Congress to decide.

the Fourteenth Amendment to the Constitution of the United States. See Near v. Minnesota, 283 U.S. 697, 707; De Jonge v. Oregon, 299 U.S. 353, 364. If, however, we are right in holding that an honest and reasonable jury could have found the defendant guilty, it seems to us that no substantial constitutional question remains. The State must have power to protect its citizens, and especially its youth, against obscenity in its various forms, including that which is written or printed. Statutes to this end have long existed. The distribution of obscene printed matter was a crime at common law. Commonwealth v. Holmes, 17 Mass. 336. Our own statute was held constitutional in Commonwealth v. Allison, 227 Mass. 57, 62, where this court said, "The subject matter is well within one of the most obvious and necessary branches of the police power of the State." State v. McKee, 73 Conn. 18. In Near v. Minnesota, 283 U.S. 697, at page 716, Chief Justice Hughes, after asserting the right of government in time of war to prevent the publication of the sailing dates of transports or of the number and location of troops, added this, "On similar grounds, the primary requirements of decency may be enforced against obscene publications." See Gitlow v. New York, 268 U.S. 652, 667; Fox v. Washington, 236 U.S. 273. And in Chaplinsky v. New Hampshire, 315 U.S. 568, at pages 571, 572, the court said that the use of certain well defined and narrowly limited classes of speech, including "the lewd and obscene" may be prevented and punished. If the so called "clear and present danger" doctrine enunciated in such cases as Schenck v. United States, 249 U.S. 47, 52, Herndon v. Lowry, 301 U.S. 242, Bridges v. California, 314 U.S. 252, and Thomas v. Collins, 323 U.S. 516, applies to cases like the present, it would seem that danger of corruption of the public mind is a sufficient danger, and that actual publication and sale render that danger sufficiently imminent to satisfy the doctrine.

Such knowledge as I have leads me to believe that without such artificial stimulation novels of the class into which the book in question falls are read by few girls and by practically no boys. The great mass of readers are mature women. Plainly the book was not written for juveniles. They would find it dull reading. Under normal conditions I think the book could do no substantial harm to the morals of youth, for few juveniles would ever see it, much less read it. And if by chance some should wade through it, I think it could not reasonably be found to have any erotic allurement, even for youth. 041b061a72