[154] Schroeder, Free Press Anthology, p. 171. See also his “Obscene” Literature and Constitutional Law. In The Unanswered Argument against the Constitutionality of the so-called Comstock Postal Laws, and for the Inviolability and Free and Equal Use of the United States Mail, T. B. Wakeman argues that Congress has no legislative power over the subject, and that “the power to suppress obscenity and indecency, together with all other crimes or offenses is one of the general powers reserved in the United States Constitution to the people and the states,” p. 30.
[155] Patterson, Liberty of the Press, and Public Worship, p. 69.
[156] Hoke v. U. S., 227 U. S. 308 (1913). See “Is Congress a Conservator of the Public Morals?”, 38 American Law Review, 194.
[157] R. S. sec. 3894.
[158] 19 Stat. L. 90.
[159] 26 Stat. L. 465; see also 16 Ops. 5 (1878).
[160] R. S. sec. 731, and Palliser v. U. S., 136 U. S. 257 (1890). This was a case where a letter was mailed in New York and addressed to a postmaster in Connecticut to induce him to violate his official duty. The District Court for the district of Connecticut was declared to have jurisdiction.
[161] 51st Cong., 1st Sess., Sen. Rep. No. 1579; see also House Rep. No. 2844.
[162] 8 Howard, 164 (1850).
[163] Ex parte Jackson, 96 U. S. 727 (1878).