State v. Hollinshead
| Decision Date | 21 September 1915 |
| Citation | 151 P. 710,77 Or. 473 |
| Parties | STATE v. HOLLINSHEAD. |
| Court | Oregon Supreme Court |
Department 1.
Appeal from Circuit Court, Multnomah County; Geo. N. Davis, Judge.
Edwin Hollinshead was convicted of crime, and he appeals. Affirmed.
The defendant was indicted for the violation of section 2095, L O. L., as amended by the Legislature in 1913. Laws 1913, p 496. The title of the original enactment is as follows:
"An act to prohibit the advertising of treatment or cure of venereal or other diseases, declaring the same a misdemeanor and prescribing a penalty therefor." Laws 1909, p. 229.
The act, as amended, including the title, reads thus:
"An act to amend section 2095, Lord's Oregon Laws, relating to advertising to cure sexual diseases."
The full text of the act, as amended, reads as follows:
The indictment charges the defendant with having violated this law by advertising a certain proprietary remedy, guaranteed to cure gonorrhea or gleet. The defendant demurred to the indictment, assigning as the only ground therefor that the foregoing act is unconstitutional and void. The trial court overruled the demurrer, and, the defendant refusing to plead over, a judgment of conviction was entered against him from which this appeal is taken.
Barnett H. Goldstein and B. E. Haney, both of Portland (Joseph & Haney, of Portland, on the brief), for appellant. Walter H. Evans, Dist. Atty., of Portland (Geo. Mowry, Deputy Dist. Atty., of Portland, on the brief), for the State.
BENSON, J. (after stating the facts as above).
Defendant's first contention is that the indictment does not contain a statement of the facts constituting the offense with sufficient clearness and distinctness as to notify the defendant specifically of the offense for which he is to be tried. We cannot agree with the contention. The indictment very clearly and specifically states that the defendant violated the law "by then and there exposing and exhibiting to the view of a large number of persons, and displaying and publishing, in the aforesaid county and state, a certain advertisement, to wit, a sign, in words and figures as follows, to wit," and then sets out in full the objectionable matter. This is so clearly sufficient that further comment is unnecessary.
The chief contention of defendant is, however, more serious, being the assertion that the statute upon which the prosecution is based is unconstitutional and void. It is first maintained that the act is defective, in that the subject thereof is not fairly expressed in the title, and that the act embraces more than one subject. The constitutional inhibition to which counsel appeals upon this point is as follows:
Article 4, § 20.
It must be observed that the title of the original statute as enacted in 1909 reads thus:
"An act to prohibit the advertising of treatment or cure of venereal or other diseases, declaring the same a misdemeanor and prescribing a penalty therefor."
We think it will be conceded without argument that this title fully covers the scope of the act itself. The title of the amendment reads thus:
"An act to amend section 2095, Lord's Oregon Laws, relating to advertising to cure sexual diseases."
In Funk & Wagnall's New Standard Dictionary the word "sexual" is given as synonymous with "venereal," and is so accepted in common usage. This court, in the...
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State v. Nelson
... ... means, or furnishing materials intended [126 Conn. 425] for, ... contraception ... [11 A.2d 862] ... may be said to have ‘ a decided tendency to minimize ... unduly the disastrous consequences of indulging in dissolute ... action’ (State v. Hollinshead, 77 Or. 473, ... 477, 151 P. 710, 711), as well as expose interested and ... uninformed persons to dangers from the use of drugs and ... devices injurious to health or even life. Fortune, February, ... 1938, 83, 110. To permit the use of contraceptives in all ... cases when in the opinion of ... ...
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Ritholz v. City of Detroit
...275 U.S. 274, 48 S.Ct. 124, 72 L.Ed. 277;Packer Corp. v. Utah, 285 U.S. 105, 52 S.Ct. 273, 76 L.Ed. 643, 79 A.L.R. 546;State v. Hollinshead, 77 Or. 473, 151 P. 710;State v. J. P. Bass Publishing Co., 104 Me. 288, 71 A. 894, 20 L.R.A.,N.S., 495. The following cases tend to support our conclu......
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State v. Certain Contraceptive Materials
... ... exercise of the police power of the state, as it is against ... public policy to advertise that such diseases can be easily ... and cheaply cured. ‘ It has a decided tendency to ... minimize unduly the disastrous consequences of indulging in ... dissolute action.’ State v. Hollinshead , 77 ... Or. 473, 477, 151 P. 711. See, also, People v ... Kennedy , 176 Mich. 384, 395, et seq. , 142 N.W ... 771, Ann.Cas. 1916A, 895. The defendant in the Hollinshead ... Case could have claimed, as does this defendant, that his act ... in advertising was in the interest of the people ... ...
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Commonwealth v. Ferris
...275 U.S. 274, 48 S.Ct. 124, 72 L.Ed. 277;Packer Corp. v. Utah, 285 U.S. 105, 52 S.Ct. 273, 76 L.Ed. 643, 79 A.L.R. 546;State v. Hollinshead, 77 Or. 473, 151 P. 710;State v. J. P. Bass Publishing Co., 104 Me. 288, 71 A. 894, 20 L.R.A.,N.S., 495. The following cases tend to support our conclu......