Lucius Quintus Cincinnatus Lamar

“ Those sustaining indictments in cases similar to this hold that the term 'writing' comprehends 'letters,' and insist that, even if the general phrase 'other publication' is allowed to apply to the word, the sending or mailing a letter by one person to another is a sufficient publication to bring a letter within the statute, as is held to be the case in an action of slander and libel. ”

“ A further argument in support of the view we have asserted is found in the fact that the statute, after it has declared by enumeration, in the clause under consideration, what articles shall be non-mailable, adds a separate and distinct clause declaring that 'every letter upon the envelope of which * * * indecent, lewd, obscene, or lascivious delineations, epithets, terms, or language may be written or printed * * * shall not be conveyed in the mails' and the person knowingly or willfully depositing the same in the mails 'shall be deemed guilty of a misdemeanor,' etc. ”

“ Is the knowingly depositing in the mails of an obscene letter inclosed in an envelope or wrapper upon which there is nothing but the name and address of the person to whom the letter is written, an offense within the act of July 12, 1876, c. 186? Second. Does this indictment allege that the defendant deposited, or caused to be deposited, for mailing or delivery, anything declared to be non-mailable matter by that act, or by any law of the United States? Third. Does this indictment charge the defendant with any offense? ”