Monday, May 29th, 2023

ONE, Inc. vs. Otto K Oleson: Appellant’s Opening Brief (appendix)



ONE, INCORPORATED, a corporation,


OTTO K. OLESEN, individually and
as Postmaster of the City of Los


No. 15139

[Filed June 13, 1957]


[click for page 1 of document]

Full cover spread of ONE magazine
October 1954



Aug. 24, 1954

  • “Homosexuals Form New Organization.” A fairly accurate account of the activities of ONE, INC., publishers of ONE Magazine. Illustrated.


May, 1954

  • “Homosexuals, Inc.” Smear-type article on activities of California deviates and ONE Magazine.


August, 1954

  • “Let’s Be Honest About Homosexuals.” Article on sex problems as touching the core of America’s family life.

October, 1954

  • Three letters in response to above article, mainly approving.


January, 1954

  • “The Ancient Gods of Homosexuality.” Kurt von Ryder, Ph.D., illustrated article on homosexual practices in various ancient religions; mythology concerning, and homosexual deities. Illustrations.
  • “Homosexual Snakes.” Illustrated news item.

October, 1954

  • “Homosexuality in England.” Article on current legal prosecutions of eminent British citizens accused of homosexuality.
  • Book Review: Society & the Homosexual by Gordon Westwood.

November, 1954

  • “Trans-Sexualism and Transvestism,” by Harry Benjamin, M.D. Illustrated articles on special type of Homosexual form [sic] a medical and psychological standpoint.


March, 1954

  • “How Broadway Handles the Third Sex.” Illustrated article on several recent New York plays dealing with Homosexuality.




  • “The Cause & Cure of Homosexuality” by Villers Gerson. Popular type of article, illustrated, on psychological theories about homosexuality.


  • “Understanding the Female Homosexual.” Illustrated article on lesbianism.


  • “Homosexuals in U.S. Prisons” Illustrated article citing wire prevalence of homosexuality in institutions.


Feb., 25, 1954

  • “Women Who Fall for Lesbians” Article of types of lesbian seductions.


July, 1954

  • “Are you a Secret Homosexual?” Article citing wide prevalence of homosexual tendencies that are not recognized, are repressed and cause serious maladjustments.


May, 1951

  • “Perverts Roam Our Streets.” Illustrated expose-type article describing methods homosexuals are alleged to use in seductions.

May, 1953

  • “Homosexuals in Politics.” Article describing organizations and activities of the Mattachine movement.


February, 1954

  • “Men Without Women,” by Shailer U. Latwon, M.D. Article on homosexuality in U.S. prisons.


September, 1950

  • “New Moral Menace to Our Youth.” Article claiming that homosexuality rapidly increasing and affecting large numbers of young people in the U.S.

PAGEANT • February, 1951

  • “Homosexuality Can Be Cured,” by W.A. Walker. Article claiming that psychological causes of problem have been found and change is possible.



March 26, 1952

  • “Inside Report on Homosexuality in America.” Illustrated feature article giving some figures and general survey of the prevalence of homosexuality in U.S.

Sept., 9, 1953

  • “Transvestites.” Picture of two male transvestites.


August, 1951

  • “Do Colleges Breed Perverts?” Illustrated articles on homosexuality in American universities.

April, 1953

  • “Male Vice England’s Disgrace.” Illustrated article on English homosexuality and alleged increase of it.

May, 1953

  • “Truth about Christine.” Illustrated article on the case.

March, 1954

  • “What Makes Fairies Kill?” Illustrated article on some notorious murders committed by homosexuals.

November, 1954

  • “Twilight Sex Can Be Cured.” Illustrated article on cure of lesbians.


September, 1953

  • “My Son is a Homosexual,” by a mother.


February, 1954

  • “The Truth About the Third Sex,” by Roy Ald. Unusually thorough and unbiased article on the subject in general.

COLOR • March, 1954

  • “Female Impersonators.” Illustrations of transvestites.

MALE • April, 1954

  • “Is There a Lesbian in Your Town?” by Shailer I. Lawton, M.D. Article on general subject of female homosexuals.

REAL • December, 1953

  • “I Was a Homosexual.” “Confessions-type” story of man who claimed to have been cured.



April, 1953


  • “Is It True What They Say About Johnny Ray?” Expose-type article claiming he is homosexual.

July, 1953

  • “When Eddie Was a Lady.” Photos purporting to show Duke of Windsor in women’s clothing.

March, 1954

  • “Why Dan Dailey Is Too Hot.” Story claiming actor as homosexual appearing publicly in women’s clothing.


THE PUPIL, by Henry James (1891)

Story of a young tutor and gradually developing love affair with 15-year-old boy, his pupil.

THE PRUSSIAN OFFICER, by D.H. Lawerence (Viking Press, 1914)

Army captain of pronounced homosexual tendencies who suppressed himself by exerting severe discipline over those under him, especially his young and sexually attractive orderly. The pressure becomes too heavy and the orderly turns, killing the officer, become insane himself and dies.

“TAKE BACK YOUR BAY WREATH” (from BLACK SPARTA), by Naomi Michison (Harcourt, 1928)

Celebration in classic times for the victory of a young charioteer who is in love with a farmer but is temporarily turned aside by fame and popularity. Is accused by the farmer, “No one can love two people so different as him and me. You love him.” (p. 12)

PAUL’S MISTRESS, by de Maupassant (new translation, Greenberg, 1953)

Paul’s mistress is seduced by a Lesbian and gradually won entirely away from him, despite his struggle to break up her homosexual love affair.

Pauline took the poor, disconsolate Madeleine in her arms, fondled her, embraced her, consoled her… Let’s go, darling, you’re sleeping in my house. (p. 18)


THE BURING CACTUS, by Stephen Spender (London, 1936)

German waiter and a young Swede living in Barcelona in a homosexual “marriage” relationship.

CHARLES HUSSON, by Paul Verlaine (new translation, Greenberg, 1953)

Young Parisian male prostitute takes away the client of a female prostitute who then informs the police and has him arrested.

THE KNIFE OF THE TIMES, by William Carlos Williams (Random House, 1932)

Love affair between two married women, one of whom had always desired lesbian relationship with the other.

She fondled her old playmate, hugged her, lifted her off her feet in the eager impressment of her desire. (p. 3)

“HANDS,” by Sherwood Anderson (from WINESBURG, OHIO) (Heubach, 1919)

A School teacher expressed his affection for his boy students and caressed them, was exposed, dismissed and became a recluse.

RUTH & IRMA, by Isabel Bolton (from The New Yorker, 1947)

Two girls, one of them very boyish, living together on the Riviera. Conversation overheard from their bedroom at night:

“Oh, my darling,” I heard Ruth say over and over again. And Irma, “Forgive Me, Ruth, forgive me. I know what I’m a bitch, not worth your little finger, but I’ll promise you—I’ll promise you—oh, my darling.” And so they sobbed together.

“PAGES FROM COLD POINT,” by Paul Bowles (from THE DELICATE PREY) (Random House, 1949)

A widower and her 16-year old son go to live in the West Indies. The son is discovered to have seduced so many of the negro men that their wives protest to the police and the father is forces [sic] to send the son to Havana to live.

“ABU NOWAS & THE THREE BOYS,” from Arabian Nights (Richard Burton Translation).

A sheik with a fondness for young men.

He lolled from side to side in joy and inclined to the youths one and all, anon kissing them and anon embracing them, leg overlying leg. (p. 3)



A Polish immigrant talks to a young fellow in the street, turns the conversation to sexual subjects, warns him to have nothing to do with women, to seek satisfaction in other ways, and invites him to his room.

“ON RUEGEN ISLAND” (from THE BERLIN STORIES by Christopher Isherwood) (New Directions, 1945)

Maladjusted Englishman visiting in Germany pays a young fellow to live with him, is very possessive and jealous.

“You don’t think he cares for you at all? There’s nothing between us no but my cash.” (p.19)

“PALM SUNDAY,” by Charles Jackson (from THE SUNNIER SIDE) (Farrar, Strauss & Young, 1950)

Choir director who seduced various of his boy students.

“When I was fourteen…there was no one else in the church…he put his arms around me and hugged me…his fingers just inside my belt…and started to undo the buckle.” (p.7)

“Gosh, you’re good.” He gave a low laugh and looked up at me and said, “You’re almost as good as my brother.” (p. 12)

THE FALL FROM VALOR, by Charles Jackson

Novel with homosexual relationship between married men and a young Marine.

THE HOMOSEXUAL IN AMERICA, by Donald Webster Cory (Greenberg, 1951)

Subtitled “A Subject Approach,” the book ranges from a sober discussion of sociological and psychological factors involved with homosexual types.

EXTRACT: Chap. II, p.21

In my own experience I recall with vividness the advances Gerald made to me when we were children in our early teens. We sat together in the cinema, and his hand wandered, fondled me intimately. Then, a few days later, he asked me to wrestle with him in the gymnasium. Our bodies fought and played together until his own fell away limp, and I knew that he used the gymnastic exercise for sexual fulfillment.

Chap. XI (Sketch of “gay” bar) p. 121

Two youths in a corner are kissing, several men are dancing, several others are arguing about the world series possibilities of the Yankees.
“Oh, for the Navy, the good old days in the Navy. Plenty of lovers and you never had to look for a job.”
“Why don’t you re-enlist if you like it so much, dearie?”
“Listen, darling, if I could get my old captain, I sure would. All you need to get along in the Navy is a pretty face and a captain with hot pants.”


“There you go, bragging again. I suppose you had the admiral, too?”
“Let me tell you about me and the admiral.”

WHISPER HIS SIN, by Vin Packer (Fawcett Publications, 1954, New York City)

The story of a homosexual attachment between two male college students, who later murder the parents of one of them in a effort to prevent an expose of their relationship.

EXRACT: Chap. V. P. 53

“I wish I could have some privacy!” Sullivan answered.
“You’re not embarrassed around me, are you, Sul?” Lasher smiled and moved forward, about to touch Sullivan, when Fryman’s high voice cut out.
Suddenly Lasher did a strange thing. Before Sullivan could think, he whipped off Sullivan’s shirt and snatched his trunks from him. He stood before Sullivan laughing in a queer, almost hysterical way…while Fryman joined in. Sullivan stood trembling with his hands folded in front of him.
“You really are a man,” Lasher cried hoarsely, pulling Sullivan’s hands away, and then, as he and Fryman appraised Sullivan’s naked body, Fryman gave a long, low whistle.
“Ain’t that the truth, though,” Fryman giggled.

PITY FOR WOMEN, by Helen Anderson (Doubleday & Co., New York, 1937)

An unhappy relationship between an older and a younger woman.

TRIO, by Dorothy Baker (Houghton Mifflin Co., Boston, 1943)

An unsympathetic portrait of a Lesbian who is a literary thief and a corrupter of youth.

KINGS ROW, by Henry Bellamann (Simon & Schuster, New York, 1940)

A friendship between two young men, one of whom is homosexual, forms an interesting intersection of this popular novel.

MEMOIRS OF ARTHUR HAMILTON, by A.C. Benson (London: Paul Kegan 18?? (Reprinted, New York: Mitchell Kennery: 190?)

A novel originally published in the form of a biography; reminiscences of homosexual episodes at Cambridge.


LUCIEN, by Binet Valmer (Paris: P. Ollendorff, 1910)

The story of a homosexual who confesses to this father.

REVELATION, by Andre Birabeau (New York: Viking Press, 1930)

A very fine story of a mother’s discovery of the truth about a son who has just been killed; probably the best fictional portrait of a homosexual from the viewpoint of the mother.

THE END OF MY LIFE, by Vance Bourjaily (Scribner’s, New York, 1947)

Homosexuality leads one of the characters in this book of destruction.

THE BOOK OF THE THOUSAND NIGHTS AND A NIGHT, by Richard Burton (New York: Limited Editions Club, 1934)

Burton’s version of the Arabian Nights contains several stories on sodomy and pederasty and an essay on the subject which Burton prepared as an appendix.

THE BIG SLEEP, by Raymond Chandler (New York: Alfred A. Knopf, 1939)

The homosexual is the murder victim in a hard-boiled detective story.

THE SLING AND THE ARROW, by Stuart Engstrand (New York: Creative Age, 1947)

A novel, written like a clinical case history, about a married man who is gradually drifting toward homosexuality.

INCLINATIONS, by Ronald Firbank (Norfolk: New Directions, 1951)

A story of a Lesbian passion, written by a man with a flair for delicate description.

TENDER IS THE NIGHT, by F. Scott Fitzgerald (New York: Scribner’s 1934)

Though the homosexual theme is not a fundamental part of the construction of this novel, it plays a role or unique interest, because the man involved is an employee of the State Department.

THE DARK MOTHER, by Waldo Frank (New York: Boni & Liverlight, 1920)

The friendship between a young protagonist and a homosexual and the struggle of the former against the influence of the latter are depicted in a penetrating novel.

THE IMMORALIST, by Andre Gide (New York: Alfred S. Knopf, 1938)

A novel of conflict and conscience in a young man whose latent homosexuality is beginning to come to the fore.


END AS MAN, by Calder Willingham (New York: Vanguard Press, 1947)

A bitter attack on military education, including the description of homosexuality among the students.

THE INVISIBLE GLASS, by Loren Wahl (Greenberg, 1950)

EXTRACT: Chap. 9

Under the white sheets the Lieutenant’s right leg…gradually unflexed. His foot inched slightly to the side, then stopped. Again it slid. His hand moved from his side and the fingers worked stealthy across the whiteness. Now the floor reached out carefully. Once again the hand. Again the foot.
Lt. La Cava froze as his toes touched those of the Negro next to him. He heard Chick’s steady breathing and the distant tick of the watch. La Cava mentally counted the…minutes. Still their toes touched. Chick did not move.
Then gently his toes grazed those of the soldier, rubbed slowly up them, down, up,. The Lieutenant’s hand brushed Chick’s side. His fingers glided across the smooth, hard waist a fraction of an inch. He stopped. With a slight moan, Chick rolled onto his left side, towards the Lieutenant.
“Chick, Chick!” he murmured, “I love you.” Lt. La Cava trembled as the soldiers strong, lean fingers caressed his face and hair.

BIG JEFF, by J.T. Farrell (Guillotine Party and Other Stories, Vanguard Press, New York)

EXRACT: p. 46

Jeff, the fat Jewboy…Jeff the fat ass of fifty-eight at…big fat Jeff who waved his fanny through life. p. 48

It was funny…Jeff walked through Washington Park…Jeff’s pudgy face lit up with a smile…Jeff waddled through the Park…big Schmaltz the Wolf saw him…big Schmaltz got hot…big Schmaltz took him the bruches…anyway Jeff’s can was good for something.

THE SPANISH GARDNER, by A.J. Cronin (Little, Brown & Co., Boston, 1950)

In which the young son of an overly solicitous and protective father (a consul in Spain) forms a wholesome and pure yet intense friendship with the household’s young Spanish gardener.

The father, erroneously convinced it is a homosexual attachment, calls in a psychologist friend whose questionings leave the boy with a sense of guilt he cannot understand and which by right has no basis. When the father sees that a cure had not been effected, the young gardener is sent to jail on trumped-up charges.

[j.] 2

MOBY DICK, by Herman Melville (Modern Library, New York, 1930)

EXTRACTS: pp.36–27, 71–74, 76–78

Upon waking next morning about daylight, I found Queequeg’s arm thrown over me in the most loving and affectionate manner. You had almost thought I had been his wife…my sensations were strange…

Considering how sociably we had been sleeping together the night previous, and especially considering the affectionate arm I had found over me in the morning…I began to feel myself mysteriously drawn towards him…I drew my bench near him, and made some friendly signs and hints…at first he little noticed these advances; but presently…made out to ask me whether we were again to be bedfellows. I told him yes; whereat I thought he looked pleased…and when our smoke was over, he pressed his forehead against mine, clasped me around the waist, and said that henceforth we were married;…”

Men and wife…thus, then, in our hearts’ honeymoon, lay I an Queequeg—a cozy, loving pair.

We had lain thus in bed, chatting and napping at short intervals, and Queequeg now an then affectionately throwing his brown tattooed legs over mine, and then drawing them back; so sociable and free and easy were we…

See our elastic our stiff prejudices grow when love once comes to bend them. For now I liked nothing better than to have Queequeg smoking by me, even in bed, because he seemed to be full of such serene household joy then.

THE DUKAYS, by Lajos Zilahy (Prentice Hall, New York, 1949)

A Lesbian novel.

EXTRACT: p. 332 (letter of one girl to another):

I was in a fever about you…Then I met Geraldine…she swept me off my feet. I was too excited to think. She dazzled me…and all the time I loved you more than ever.

PATTERNS OF CULTURE, by Ruth Benedict, Professor of Anthropology, Columbia University (Houghton Mifflin, New York, 1934)

Western civilization tends to regard even a mild homosexual as abnormal. We have only to turn to other cultures, however, to realize that homosexuals have by no means by uniformly inadequate


to the social situation. In some societies they have been especially acclaimed. Plato’s REPUBLIC is, of course, the most convincing statement of the honorable estate of homosexuality. It is presented as a major means to the good life, and Plato’s high ethical evaluation of this response was upheld in the customary behavior of Greece at that period.

THE SYMPOSIUM, by Plato (translated by Hamilton)

EXTRACT: pp.12, 50, 52, 62, 106, 118

The love with which the dialogue is concerned, and which is accepted as amatter of course by all the speakers, including Socrates, is homosexual love; it is assumed without argument that this is capable of satisfying a man’s highest and noblest aspirations.

The object of our custom then is to subject lovers to a thorough test; it encourages the lover to pursue and the beloved to flee, in order that the right kind of a lover may in the end be gratified and the wrong kind excluded…

Suppose that a boy grants favor to lover believing him to be rich…

If male coupled with male, at any rate the desire for intercourse would be satisfied, and men set free from it to return to other activities.

Those who take pleasure in physical contact with men…Such boys and lads are the best of their generation because they are the most manly…Such a pair practically refuse ever to be separated, even for a moment.

Alcibiades: I got up and covered him (Socrates) with my own clothes and threw my arm around this truly superhuman and wonderful man, and remained thus the whole night long.

Sparta, in particular, was notoriously given to homosexuality. (translator’s note, p.118)

EITHER IS LOVE, by Elizabeth Craigin (Harcourt, Brace & Co., 1937)

First person story of a woman who lives as a Lesbian and then later married.


My lover was a girl, a particularly attractive girl, with initiative and strength or personality about most, to be sure, but a girl with all the primary feminine capacities.
I needn’t tell you what the first unhindered embrace is, every muscle contributing. I thought my initiation that night complete, that no more was possible to me. In the morning, I felt my face must have altered, her had—it had new eyes.

THE ILLUSIONIST, by Francoise Mallet (Pocket Book ed. The Loving & the Darling; Popular Library Edition, 1954, Published by arrangement with Farrar, Straus, and Young)


A dramatic, perspective novel of youth and innocence and a love that was forbidden.


Then she came toward me. I really thought she wanted to torture me still further, that maybe she was going to strike me, and I resigned myself to submit to everything. But she knelt down beside me, took me in her arms, and kissed me, slowly, expertly, deliciously, until at last she had pushed me over backward and I lay in her arms on the floor…Never have I known pleasure more intense than on that day when I thought I had lost her.

THE PRICE OF SALT, by Claire Morgan (Coward-McCann, Inc., 1952)

The Novel of a Love Society Forbids (subtitle on cover)


Carol slipped her arm under her neck, and all the length of their bodies touched, fitting as is something had prepared it…Her arms tightened around Carol, and she was conscious of Carol and nothing else, of Carol’s hand that slid along her ribs, Carol’s hair that brushed her bare breasts, and then her body too seemed to vanish in widening circles that leaped further and further, beyond where thought could follow.

QUEER PATTERNS, by Lilyan Brock (Greenberg Press, 1935)

Concerns the dramatic problems inherent in woman’s love for woman.


Her exploring fingers wandered over the flamenkindling curves of the lovely body…her warm mouth moved hungrily downward over the firm young throat and on the smoothened of the velvet-like skin of Sheila’s breast.

NIGHT AIR, by Harrison Dowd (Avon Publishing Co., 1950)

This is the story of a homosexual who truly looks at himself.


Gentlemen queers give me a pain in the neck. If you’re going to be queer, be queer; what’s the use in being elegant about it?

Naturally I’d hate to see you get into trouble. New York cops mightn’t be as lenient as those in Vienna. But, if you imagine I sit up nights worrying about your rough trade, you’re all wrong.

DARK PASSIONS SUBDUE, by Douglas Sanderson (Dodd, Mead & Co., 1950)

The story of a guilty attachment.


The fingers stopped their movement and gripped tighter. In a single passionate impulse Stephen jerked the unresisting body to him, almost lifting it from the bed, drawing the fact close to him until he could feel on his cheeks the cool jest of air that expelled from Fabien’s nostrils.
With a sob of desperation Stephen flung himself upon the bed, reaching out with groping hand to draw to him the only thing in his life he had ever truly wanted. “Don’t send me away, Fabien.”


THE GAY YEAR, by Michael DeForrest (Woodford Press, 1949)

The story of one young man who entered the world of New York’s Third sex.


“Come on, Guy, get that pink and white of yours into the bed, huh?” And with that the brown, muscular body bounded onto the blanket, and Teddy saw how well the muscles were defined. “Santy Claus only brought me one present this Christmas, Kiddo, and that’s you.”
“Look, it’s Christmas Eve. I’m alone. So are you. I want it. You want it. We’ve both got it, so for the love of God let’s ditch this dump before that toothless old Queen over there gets off his nuts looking at us.”

SAVAGE PRODIGAL, by Konrad Bercovici (Knickerbocker Printing Corp. 1948)

A novel based on the love between the poets Paul Verlaine and Arthur Rimbaud.


When Paul wrote something that pleased him, Arthur threw his arms around his necked [sic] and kissed him full on the mouth. The wife screamed. She had seen men kiss each other; they all kissed each other on Montmartre, but not like that.

BREAK DOWN THE WALLS, by John Bartow Martin (Ballantine Books, 1954)

The story of America’s prisons.

The most difficult problem a warden faces in homosexuality—yet owing to the absurd prudery of the public, the warden must officially deny that homosexuality exists.

JOHN INGLESANT, by J. Henry Shorthouse (Macmillian & Co., Ltd., London, 1910)

Treated not explicitly but as a philosophical question.

EXTRACT: p. 285

Young boyish companions with interlaced arms…

REMEMBRANCE OF THINGS PAST, by Marcel Proust (Random House, New York, 1932)

EXTRACT: Vol. II, “Cities of the Plain” (Description of oral copulation between two men- p. 9)

For from what I heard at first in Jupien’s shop, which was only a series of inarticulate sounds, I imagine that few words had been exchanged. It is true these sounds were so violent that, if one set had not always been taken up an octave higher by a parallel plaint, I might have thought the one person was the murderer and his resuscitated victim were taking a bath to wash away the traces of the crime.


(Description of the married man who is also homosexual) (p. 30)

Besides, even from his exacting mistress, in vain does he keep back the admission… “I am a woman!” when all the time with what stratagems, what agility, what obstinacy as a climbing plant then unconscious but visible woman in him seeks the masculine organ.

THE OLD BEAUTY AND OTHERS, by Willa Cather (Alfred A. Knopf, New York, 1945)

“The Best Years” p. 75
With subtle implications, yet a precisely detailed picture of two young women drawn to each other to a degree beyond what might be considered normal.

NEXT TIME IS FOR LIFE, by Paul Warren (Dell Books, 1953)

Autobiographical account of two prison terms of a young man. Strong homosexual emphasis throughout, with predominate love affair with one prisoner during majority of period. Lengthy development of contacts with Nathan Leopold, as strong intellectual homosexual influence.

EXTRACT: pp. 75, 158

I put my arm around his waist…and we both fell on the straw and wrestled…I had to admit…I was as much a homosexual as he was.

I could have jumped out of bed, I wasn’t being forced…Yes, that was what I was, a felator.

WASHINGTON CONFIDENTIAL, by Jack Lait & Lee Mortimer (Crown, 1951: also Dell)

Many references to homosexuals in government positions, to fairy hangouts, queers, perverts, etc., throughout the book. Section, pp. 116–126 devoted to homosexuality in Washington.

EXTRACTS: pp. 118, 126

Such parties which take place in Washington pervert set orgies beyond description and imaginations.

One night two Congressmen, a couple of army officers and two young servicemen were mixing beer and gin there, and kissing each other.



  1. Labled as part III in original
  2. page i missing?.

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