Theodore Schroeder and I used to meet once in a while at the Liberal Club, and he gave much sound advice—I could not go on with the Woman Rebel forever. Eventually the Post Office would wear me down by stopping the issues as fast as I printed them. He warned, “They won’t do so and so unless you do thus and thus. If you do such and such, then you’ll have to take the consequences.” He was a good lawyer and an authority on the Constitution.
When my family learned that I might be getting in deep water a council was called just as when I had been a child. A verdict of nervous breakdown was openly decreed, but back in the minds of all was the unspoken dread that I must have become mentally unbalanced. They insisted father come to New York, where he had not been for forty years, to persuade me to go to a sanitarium.
For several days father and I talked over the contents of the Woman Rebel. In his fine, flowing language he expressed his hatred of it. He despised talk about revolution, and despaired of anyone who could discuss sex, blaming this on my nursing training, which, he intimated, had put me in possession of all the known secrets of the human body. He was not quite sure what birth control was, and my reasoning, which retraced the pattern of our old arguments, made no impression upon him.
Father would have nothing to do with the “queer people” who came to the house—people of whom no one had ever heard—turning up with articles on every possible subject and defying me to publish them in the name of free speech. I printed everything. For the August issue I accepted a philosophical essay on the theory of assassination, largely derived from Richard Carlile. It was vague, inane, and innocuous, and had no bearing on my policy except to taunt the Government to take action, because assassination also was included under Section 211.
Only a few weeks earlier, the war which Victor Dave had predicted had started its headlong progress. The very moment when most people were busy with geographies and atlases, trying to find out just where Sarajevo might be, the United States chose to sever diplomatic relations with me.
One morning I was startled by the peremptory, imperious, and incessant ringing of my bell. When I opened the door, I was confronted by two gentlemen.
“Will you come in?”
They followed me into my living room, scrutinized with amazement the velocipede and wagon, the woolly animals and toys stacked in the corner. One of them asked, “Are you the editor and publisher of a magazine entitled the Woman Rebel?”
When I confessed to it, he thrust a legal document into my hands. I tried to read it, threading my way slowly through the jungle of legal terminology. Perhaps the words became a bit blurred because of the slight trembling of my hands, but I managed to disentangle the crucial point of the message. I had been indicted—indicted on no less than nine counts—for alleged violation of the Federal Statutes. If found guilty on all, I might be liable to forty-five years in the penitentiary.
I looked at the two agents of the Department of Justice. They seemed nice and sensible. I invited them to sit down and started in to explain birth control. For three hours I presented to their imaginations some of the tragic stories of conscript motherhood. I forget now what I said, but at the end they agreed that such a law should not be on the statute books. Yet it was, and there was nothing to do about it but bring my case to court.