Statutes exist in the different states against obscenity in all its different forms, declaratory of the common law. The uttering of obscene language in public and the printing and publication of obscene pictures, books or other matter are punishable under the common law.186

183 Davenport vs. City of Ottawa, 54 Kan., 711; See Loiseau vs.

State, 114 Ala., 34 (Cigar Scheme). 184 Hughes Cr. Law, Sec. 2259;

France vs. U. S., 164 U. S., 676. 185 In re Rapier, 143 U. S., 133. 186 State vs. Apply, 25 Mo., 315;

Belt vs. State, 1 Swan (Tenn.), 42; Knowles vs. State, 3 Day (Conn.), 103; State vs. Andrews, 35 Or., 388; Dugdale vs. Reg. Dears 64; Com. vs. Holmes, 17 Mass., 336; State vs. McKee, 73 Conn., 18; People vs. Ketchum, 103 Mich., 443; People vs. Muller, 96 N. Y., 408.

The things prohibited may be said to be obscene when they are offensive to decency or chastity, and when they excite lewd thoughts of an immoral tendency.187

Obscenity is applied to language either written or printed, to pictures, paintings, sculpture and theatrical representations.188