Page:1954 Juvenile Delinquency Testimony.pdf/222

210 That is probably not the proper way to put it, but that is the net ‘result of if.

We have had a great deal of testimony. We have submitted copies of our writien jestimony fo your counsel on previous dates, when we have had the same type of hearings in New York. the same type that, you are now haying. We have found as a result. of our personel in- vestigation thai, without any question at all, there are newsdealers throughout this State who have been led to believe, that tf they do not take these bulk packages that are distributed to them and do not wake an effort to sell Panic and Sun Bathing, and that type of iling, along with the legitimate type of publication, they will not obtamn the legitimate public: itions, or that they will lose their fran- chise.

I have a mau in my own community who has repeatedly said to wiy groups coming iv attempting to clean up this material, “I would love to cooperate with vou, but it is impossible. I can’t do it be-

vatise T would lose my franchise. If I lose my franchise. I can't take care of my wife and children”, and so on.

Actually, we have fonnd that two conditions exist. We are firmly convinced from people who have testified before us; one. ihat {here ure Instances in the State of New York where the tie-in sale has been enforced, where the man has actually been told that he shall either aceept A, B. and C. or he shalk no Jonger get D, HK, and F, the legitimate publications.

We have also found tonrmerable instances where m our opinion the derler, when asked to cooperate by the commmuity, has used as a cloak for continuing to sell for his own profit this type of trash, the cloak that he would lose his franchise, or that he world not be ‘able to get the decent publications in the event he did cooperate with our people.

We have accomplished two things by our bill in New York State, Thope. One, we have banned the tie-in sale. We have made it iHegal in the State of New York. There isa copy of my hill in the appendix, It is page 39:

No person. company, partnership, or corporation, shitll as a condition to a sale or delivery for resale of any paper, maaazine, beak, periodical or publication, require that the purchaser or consignee receive for ue any other boolk ox publication, reasonably believed by the purchaser, ar eonsignee, to be obscene, lewd, lascivious.

Mr. . Where there is a tie-in sale, is that imposed by the local wholesaler? Does it go higher than that, to the distributor, to the publisher?

Mr. . We have instances of both, We have been told by the wholesaler that he must take and dtstribute to the retailer or he will not receive from cither the nationwide distributor or the pub- lisher

The. You have sworn testimony on this point, do you?

Mr. . Senator, those hearings were 2 years ago, I believe that we have. You certainly have similar testimony in the Gathings report, and last. week, or whenever you were here before, a man here I helieve who represented the newsdealers, gave you sworn iestimony along those lines.

May I say this to you, siv; that we have all kinds of legal inter- pretations of this Jaw and initially a large number of legal objections.