View source for When Hoodoo Was Illegal: Leonard Broudy, Afro-India Co., 1959

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In this installment of "Where the Southern Cross the Yellow Dog," i offer a brief but shocking look the lengths that the United States government went to, during the 20th century, in its campaign to suppress herbal folk medicine and to make African-American folk magic illegal, by banning the distribution of hoodoo booklets. My Patreon supporters funded my research and the scanning of paper ephemera for this web page and had access to it one full year before the public did. 

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<p>

<center>
<h1>WHEN HOODOO WAS ILLEGAL:<br>
The United States Post Office versus The Afro-India Import Company</h1>
</center>

<p>
In 1958,  a funny-looking display ad for the Afro-India Import Company 
ran in a number of black-owned newspapers
around the country. This was during the time that the Civil Rights Movement was
increasing in power, but racially segregated newspapers were still the norm.
<p>
Because white-owned newspapers refused to run marriage or obituary notices about
African Americans, declined to accept advertising for black-owned businesses, 
and would not report information black scholars, athletes, soldiers, authors, actors, musicians, or politicians, 
black-owned newspapers filled the gap. Limited in circulation, many were published on a weekly rather than daily basis, 
and some of them carried national news via black-owned news syndicates. Through these syndicates, an 
advertiser  might place the same advertisement nationwide, reaching black communities in many states 
with offers for mail-order goods. 
<p>
[[File:Afro-India-Import-Company-Ad.jpg|thumb|300px|center|]]
<p>
During the 20th century, mail-order advertising was popular everywhere in America, 
but it was especially useful to African-American shoppers, because the same race-prejudice that kept 
white-owned newspapers from representing black people in the news also kept landlords in many towns from renting 
mercantile space to black shop-keepers, thus making some items difficult to acquire except through mail order. 
<br>
The Afro-India Import Company only placed one ad, for one product, before it was shut sown by the 
United States government, and it was never heard from again. 
<p>
This is the story of that product -- or rather, an episode in the history of that product, a 
semi-anonymous book called "Black and White Magic [by] Marie Laveau." 
<p>
<p>
As i reconted in my own reprint of "Black and White Magic," the core text ws actually written by 
Zora Neale Hurston, based on interviews and pamphlets she aquired while reasearching hoodoo in 
New Orleans, Lousisiana. It was first published as part of “Hoodoo in America,” in The Journal of American Folk-Lore, Vol. 44, No. 174, Oct.-Dec., 1931. 
The entire article ran to 98 pages, and within that there were 30 Consultations
and an article about Marie Laveau (misspelled Leveau). It contained none of the items that distinguished later editions, which were 
published in book form for mail order sales.
<p>
Around 1940, someone (whom i believe very strongly was Anne Fleiman, a.k.a.
Henri Gamache) found Hurston's ten-year-old academic article and abstracted the
"Consultations," from it, and added several more, in a different writing style. This anonymous 
author, whom i believe to have been Anne Fleitman, a.k.a. Henri Gamache, added a 
disclaimer note, a plagiarized entry on Spiritism, a list of Candles, a plagiarized set of meanings for playing cards,
a plagiarized set of Sun-Sign interpretations of the the Zodiac, a plagiarized lit of meanings for 
and wedding anniversaries. A later author, Larry B. Wright, also reprinted the book, sometime around 1960, and he added a handy list of the spiritual supplies 
mentioned in each spell. 
<p>
The Afro-India Company's ad, and the legal case it engendered, help us date the dividing line between the Fleitman edition and the Wright edition.
We know it was  
distributed in 1958-1959 and that it still contains only the Hurston and Fleitman material, but none of Wright's additional pages. 
<p>
The man who was charged with mail fraud for selling this book was identified as Leonard Broady, 
but after a great deal of investigation over the past 10 years, i think he might ctually have spelled his name Leonard Broudy. 
In any case, here is the Post Office Department complaint against him:
<p>
[[File:Genuine-Black-and-White-Magic-p17.jpg|thumb|300px|center|]]
<p>
<h2>P.O.D. Docket No. 1/121</h2>

<p>

<strong>July  27, 1959</strong>&nbsp;</p>
<p>In the Matter of the Complaint That<br /><br /> MARIE LAVEAU, and<br /> AFRO-INDIA IMPORT COMPANY, also known as<br /> AFRO-INDIA IMPORT CO., INC.,<br /><br /> at<br /><br /> Los Angeles, CA,<br /><br /> (hereinafter called Respondent), is engaged in conducting a  scheme for obtaining money through the mails in violation of 39 U. S. Code 259 and 732<br /><br /> P.O.D. Docket No. 1/121</p>
<p align="center"><strong><span style="text-decoration: underline;">INITIAL  DECISION OF HEARING EXAMINER</span></strong></p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Leonard Broady is the  President of Afro-India Import Co., Inc., a corporation located in the City of  Los Angles, State of California.&nbsp; Mr. Broudy also conducts business under the  names of Marie Laveau and Afro-India Import Company.&nbsp; All of the names stated  above except that of Mr. Broudy are Respondents in this case.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The General Counsel for  the Post Office Department, the Complainant, alleges that in the conduct of this  business the Respondents are engaged in conducting a fraudulent scheme in  violation of Section 259 and 732 of Title 39, United States Code.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A complaint was issued,  an answer was filed and the case was heard in Washington, D. C., before Hearing  Examiner Edward Carlick on May 5, 1959.&nbsp; At the hearing both parties were  represented by counsel who participated in the examination and cross-examination  of witnesses and who have filed proposed findings of fact and conclusions of law  in behalf of the parties they represent.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; After the hearing had  been held Hearing Examiner Carlick became incapacitated by reason of illness to  continue work on the case, and the case was then reassigned to the undersigned  Hearing Examiner because it was known that Mr. Carlick would be unavailable to  the agency for an extended period of time.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the complaint it is  alleged that the Respondents are violating the cited statutes by obtaining  remittances of money through the mails by falsely and fraudulently making the  following representations:</p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; a.&nbsp; That all persons  who &ldquo;Need a new lover&hellip;Need friends&hellip;Want more of the better things in life&hellip;Want  to attract and influence others&hellip;Need more money&rdquo; will be able to satisfy such  needs and desires and &ldquo;can be LUCKY in love&hellip;in money&hellip;always!&rdquo; by purchasing from  Respondent certain &ldquo;occult Louisiana and India goods, incenses, candles, herbs,  roots [and] oils&rdquo; and using them as directed;</p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; b.&nbsp; That any person  will be able to solve problems in &ldquo;Finance&rdquo; and &ldquo;Love Affairs,&rdquo; will be able to  &ldquo;Control Enemies, Get Rid of Cross Conditions, Control Loved Ones, Attain Power  of Attraction, Promote Peace, Get Lucky, Hold and Secure Jobs [and] Get Rid of  Evil Influences&rdquo; by purchasing from Respondent the book entitled &ldquo;Black and  White Magic&rdquo; and following the directions given therein.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In their answer the  Respondents admit that they are engaged in the mail order business under the  names set forth above and that they have utilized the placement of  advertisements and have circulated certain advertising material.&nbsp; Respondents  deny that they are, or ever have been, obtaining remittances of money through  the mails, or otherwise, by means of false and fraudulent pretenses,  representations or promises.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; At the hearing the only  witness was Post Office Inspector Charles E. Dunbar.&nbsp; Mr. Dunbar testified that  an advertisement by Respondents came to his attention in the course of the  performance of his duties.&nbsp; This advertisement (Dept. Exhibit I) appeared in the  Richmond, Virginia, <span style="text-decoration: underline;">Afro-American</span> of September 20, 1958, and reads as  follows:</p>
<i>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
<p align="center">You can be LUCKY</p>
<p style="padding-left: 36px;">In love&hellip;in money&hellip;always!&nbsp; Need a  new lover?&nbsp; Lost your old one?&nbsp; Is your business bad?&nbsp; Need more money?&nbsp; all  alone&hellip;Need friends?&nbsp; Unlucky at cards?&nbsp; Want more of the better things in life?&nbsp;  More happiness?&nbsp; Want to attract and influence others?&nbsp; If any of the above  apply to you, send now for our free catalogue and complete list of occult  Louisiana and India goods, incenses, candles, herbs, roots, oils and books of  ancient and modern practices&hellip;No cost&hellip;No obligation.</p>
<p align="center">AFRO-INDIA IMPORT COMPANY<br /> Marie Laveau<br /> POST OFFICE BOX 35176 &ndash; LOS ANGELES 35, CALIFORNIA</p>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
<p style="padding-left: 36px;">AFRO-INDIA IMPORT COMPANY<br /> Post Office Box 35176, Los Angeles  35, California</p> 
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Please send me absolutely free and without<br /> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; obligation your  complete catalog.<br /><br /> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  NAME___________________________________<br /><br /> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  ADDRESS________________________________<br /><br /> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  CITY________________ZONE_____STATE_____</p>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
</i>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Responding to this  advertisement Mr. Dunbar initiated test correspondence with the Respondents  under the name George Marston, Scottsdale, Arizona.&nbsp; In a letter dated January  16, 1959 (Dept. Exhibit A-1), the Respondents were asked to &ldquo;Kindly send me  information and literature about how I can be lucky in money, business, love,  etc.&rdquo;&nbsp; In response to this request and in an&nbsp; envelope which was received in  evidence as Department Exhibit B-1, bearing the return address Box 35176, Los  Angeles 35, California, there were received two circulars, as follows:</p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Department Exhibit B-2  &ndash; a circular containing a list of merchandise offered for sale by the  Respondents.&nbsp; The merchandise is listed under the folloing headings &ndash; Powders,  Roots and Herbs, Perfumes, Incenses, Oils, Candles, Books, Number and Dream  Books, and Miscellaneous.</p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In this circular there  is a &ldquo;Special Notice&rdquo; which reads as follows:</p>
<i>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;We wish to call  special attention to Spiritualists, Mind Readers, Clairvoyants, Yogis,  Phrenologists, Fortune Tellers and all those interested in Magics, Occult  Science and Psychic Phenomena, to the fact that the Book called &lsquo;Black and White  Magic&rsquo; will help them to learn how to use most of the articles contained&nbsp; in  this price list, and also assist in searching the ways and systems used by Old  Timers in solving problems such as Finance, Love Affairs, Control Enemies, Get  Rid of Cross Conditions, Control Loved-Ones, Attain Power of Attraction, Promote  Peace, Get Lucky, Hold and Secure Jobs, How to Dress Homes and Business Places,  Get Rid of Evil Influences and many other features.</p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;We will mail this  wonderful book postpaid upon receipt of Two Dollars ($2.00).&nbsp; Its regular price  is Three Dollars ($3.00).&rdquo;</p>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
</i>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Covering one-third of  the back of this advertising circular is the following statement:
<i>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;NOW! You can  learn how to use most of the articles listed inside in the &lsquo;correct&rsquo; ways.&nbsp;  Order your copy of the book called &lsquo;BLACK AND WHITE MAGIC&rsquo; today!&nbsp; Marie  Laveau.&rdquo;</p>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
</i>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Department Exhibit B-3  &ndash; This is an advertising circular relating entirely to the book &ldquo;Black and White  Magic&rdquo; and containing, among others, the following statement:</p>
<i>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;If you want  assistance in searching the ways and systems used by the OLD TIMERS in solving  problems of finance &ndash; love affairs &ndash; luck in games &ndash; power of attraction &ndash;  promote peace &ndash; hold and secure jobs &ndash; how to dress homes and business place &ndash;  get rid of evil influences and more&hellip;SEND FOR THIS BOOK TODAY!&rdquo;</p>
</i>
<p style="padding-left: 36px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This circular contains  an order blank addressed to the Respondents and requests that a copy of the book  be sent to the remitter and indicates that the purchase price of $2.00 is  enclosed.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The inspector conducted  other test correspondence under the name of F. L. Doncho, Box 199, Dexter, New  Mexico.&nbsp; Exhibit C-1 is a letter dated September 26, 1958, addressed to the  Respondents over the name of Doncho in which the writer says &ldquo;Please send me  particulars and free catalog about your items as advertised.&rdquo;&nbsp; Exhibit D-1 is an  envelope similar to B-1, except for the address and date of postmark, in which  were contained Exhibits D-2 and D-3, which, respectively, are identical to  Exhibits B-2 and B-3.&nbsp; On October 11, 1958, the inspector, over the name of  Doncho, ordered from the Respondents the book &ldquo;Black and White Magic,&rdquo; for which  he remitted the sum of $2.00.&nbsp; In due time this book (Dept. Exhibit F-2) was  received from the&nbsp; Respondents.&nbsp; Other test correspondence written by the  inspector, over the name of O. J. Dans, Seligman, Arizona, and the reply thereto  constitute Department Exhibits G and H.&nbsp; This correspondence took place in  February, 1959, and in response to his inquiry the inspector received from the  Respondents additional circulars which are identical with Department Exhibits  B-2 and B-3.</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The book &ldquo;Black and  White Magic&rdquo; is divided into the following sections:&nbsp; (1) various so-called  magical procedures to be followed by persons in various circumstances; (2)  &ldquo;Outstanding Significance of Candles&rdquo;; (3) &ldquo;Devotion&rdquo;; (4) &ldquo;Significance of the  Cards&rdquo;; (5) a purported character reading for persons born under each sign of  the zodiac; and, lastly, a list itemizing appropriate anniversary gifts for  various wedding anniversaries from the fist through the seventy-fifth years.&nbsp; In  the first part of this book each of the magical steps prescribed to be followed  by persons in any of the various situations described contains frequent mention  of the items offered for sale in the circulars used by the Respondents, of which  Department&nbsp; Exhibit B-2 is an example.&nbsp; A short illustration of this statement  appears on page 37 of Department Exhibit F-2, as follows:</p>
<i>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
<p align="center">THE BEST GAMBLING  HAND<br /> (Toby)</p>
<p style="padding-left: 36px;">You will take the <span style="text-decoration: underline;">Nutmeg of  India</span>.&nbsp; In it you will drill a hole in which you will pour the pure  <span style="text-decoration: underline;">Mercury</span> and seal it with pure wax.&nbsp; After this take a <span style="text-decoration: underline;">Chamois  Bag</span>.&nbsp; In this bag you will put a piece of <span style="text-decoration: underline;">Highly Magnetic Green Lode  Stone, Lucky Hand, Silver Magnetic Sand, Gold Magnetic Sand, John the Conqueror  Root, Devil Shoe String</span> and the <span style="text-decoration: underline;">Five Finger Grass</span>, then on top of  this you will place the prepared Nutmeg of India.&nbsp; This done seal the bag by  sewing it all the way around so that none of these articles may fall out.&nbsp; And  on the outside of this bag you shall sprinkle three drops of <span style="text-decoration: underline;">Jockey Club</span> Perfume once every week.&nbsp; Keep this bag on your person at all times and allow no  one to touch it.</p>
<p style="padding-left: 36px;"><center>----------------------------------------------------------------------------------------------</center></p>
</i>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
Respondents sell  all the types of candles which are listed under the second
section of the book  which appears on page 40.&nbsp; Under the next section,
&ldquo;Devotion,&rdquo; appearing on page  41 the use of candles is again
recommended and, or course, the Respondents offer  these candles for sale.&nbsp;
The use of candles is again recommended under the  various signs of the
zodiac.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; From the
foregoing, it  will be seen that the Respondents call attention to their
business by means of  the newspaper advertisement; to the persons who write in
to inquiry is sent the  list of merchandise which the Respondents have available
for sale, and they are  also advised that in order to use the articles contained
in the price list the  book &ldquo;Black and White Magic&rdquo; should be
purchased; and, finally, after the book  has been purchased the remitter is told
just which of the Respondents&rsquo; products  to use in applying a particular
magical procedure to his own situation.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is clear
to me, and  I hold, that in the advertising material used by the Respondents,
the  representations set forth in the complaint are made.&nbsp; To begin with a
reader of  the newspaper advertisement is told that if any of a number of
specified  circumstances apply to him that he should send to the Respondents and
obtain a  free catalog of merchandise.&nbsp; The catalog, which in reality is a
price list,  contains the representation that the book &ldquo;Black and White
Magic&rdquo; will tell &ldquo;the  ways and systems used by the Old Timers in
solving problems&rdquo; such as were  mentioned in the newspaper
advertisement.&nbsp; Upon ordering the book the purchasers  are told which of
the various items of merchandise should be used in solving  particular
problems.&nbsp; The scheme of the Respondents consists of dangling a chain 
before gullible prospects and having the prospects swallow the chain one link at
 a time.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Only a very
few minutes  of time are required in reading any of the material issued by the
Respondents to  determine that the representations found to have been made are
false.&nbsp;  (<span style="text-decoration: underline;">Gottlieb v.
Schaffer</span>, 141 F. Supp. 7; <span style="text-decoration:
underline;">Reilly v. Pinkus</span>, 338 U. S.  269).&nbsp; The fact that these
representations are so patently and grossly false to  some readers of the
material does not necessarily mean that their falsity will  be apparent to all
persons who read them.&nbsp; As it was stated in <span style="text-decoration:
underline;">Gottlieb v.  Schaffer</span>, <span style="text-decoration:
underline;">supra</span>, at page 15 &ldquo;The advertisements here make
patently  absurd claims which could only appeal to the superstitious, the
ignorant and the  gullible&hellip;&rdquo;</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;The
purpose of mail  fraud orders is not punishment, but prevention of future injury
to the public by  denying the use of the mails to aid a fraudulent
scheme.&rdquo;&nbsp; (<span style="text-decoration: underline;">Donald v. Read 
Magazine</span>, 333 U. S. 178, 184)&nbsp; It is undoubtedly known by the
Respondents  that &ldquo;the superstitious, the ignorant and the gullible&rdquo;
constitute a part of the  public to whom their advertising matter is
addressed.</p>
<p>
[[File:Genuine-Black-and-White-Magic-of-Marie-Laveau.jpg|thumb|300px|center|]]
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Concerning
the intent  to deceive on the part of the Respondents, it is believed to be
sufficient  simply to repeat the statement by the Court in <span
style="text-decoration: underline;">Gottlieb v. Schaffer</span>,  <span
style="text-decoration: underline;">supra</span>, at page 17 that &ldquo;An
intent to deceive is rarely capable of direct  proof, since this involves what
is in a man&rsquo;s mind.&nbsp; It is hornbook law that  this subjective element
may be established by circumstantial evidence.&nbsp; It is  not any single
element segregated from the whole by which the determination is  to be made but
from the totality of all the acts, conduct and surrounding  circumstances and
the inferences which may reasonably be drawn from a  combination of acts and
circumstances.&nbsp; The type of publication in which the  advertisements were
inserted with their obvious appeal to a susceptible and  easily influenced
group, the nature of the advertisements, their combination and  use in
connection with other advertising media issued by the plaintiff, the  focus of
the advertising campaign, are all relevant on the issue.&rdquo;</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The facts in
the  present case fit squarely within the four corners of the <span
style="text-decoration: underline;">Gottlieb</span> case.&nbsp;  Upon the basis
of the entire record in this case I make the following findings  of fact and
conclusion of law.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 1.&nbsp; The
Respondents,  Marie Laveau, Afro-India Import Company, and Afro-India Import
Co., Inc., are  engaged in a mail order business in Los Angeles, California.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 2.&nbsp; In
the conduct of  their mail order business the Respondents are obtaining and
attempting to obtain  remittances of money through the mails upon the basis of
the representations set forth in paragraph (3) of the complaint in this
case.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 3.&nbsp; The
representations  found to have been made by the Respondents are false.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 4.&nbsp; The
representations  found to have been made by Respondents are fraudulently
made.</p>
<p align="center"><span style="text-decoration: underline;">CONCLUSION OF LAW</span></p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
Respondents are  conducting a scheme for obtaining money through the mails by
means of false and  fraudulent pretenses, representations and promises in
violation of the  provisions of Sections 259 and 732 of Title 39, United States
Code.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Respondents&rsquo; first and  second proposed findings of fact are
adopted.&nbsp; Respondents&rsquo; proposed finding of  fact number 3 is denied
for the reasons stated herein.&nbsp; Concerning Respondents&rsquo;  proposed
finding number 4, it is denied that the hearing should have been held  in Los
Angeles, California, for reasons appearing in Hearing Examiner Carlick&rsquo;s 
order dated April 16, 1959.&nbsp; Respondents&rsquo; proposed finding of fact
number 5 is  denied for the reasons stated herein.&nbsp; Respondents&rsquo;
proposed finding of fact  number 6 is neither adopted nor denied for the reason
that the undersigned  Hearing Examiner is unable to predict the time at which
Hearing Examiner Carlick  will b able to resume his duties.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Respondents&rsquo; proposed  conclusion of law number 1 is denied for the
reasons herein stated.&nbsp;  Respondent&rsquo;s proposed conclusions of law
numbered 2, 3, 4 and 5 raise  Constitutional questions which are not within the
province of Hearing  Examiners.&nbsp; <span style="text-decoration:
underline;">Engineers Public Service Corp. v. S.E.C.</span>, 138 F.(2d)
936.&nbsp;  Respondents&rsquo; proposed conclusion of law number 6 is denied for
the reason that  Hearing Examiner Carlick is at this time unavailable to the
agency and it is not  known at what time Hearing Examiner Carlick will be able
to resume his duties in  this Department.&nbsp; Furthermore, since there is not
involved any question as to  the credibility of the witness who testified, <span
style="text-decoration: underline;">Gamble-Skogmo, Inc. v.  F.T.C.</span>, 211
F.(2d) 106, is not controlling.</p>
<p>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; There is
attached  hereto for execution by the Judicial Officer the appropriate order for
the  suppression of the fraudulent enterprise.</p>
<p style="padding-left: 240px;">William a. Duvall<br />Hearing Examiner</p></span>

<h2> The Afro-India Company</h2>
<p>

Very little can be discovered about Leonard Broady / Broudy and the Afro-India Import Company. Californa business license records give us only this:
<p>
<blockquote><br>AFRO-INDIA IMPORT CO., INC.
<br>Corporation Number: C0358462
<br>Corporation Name: AFRO-INDIA IMPORT CO., INC.
<br>Incorporation Date: 8/6/1958
<br>Jurisdiction: California
<br>Corporation Status: FTB Suspended *
<br>Company Type: Domestic Stock
<br>Address: P.O. Box 35176, Los Angeles 35, California
</blockquote>
<p>
The note "FTB Suspended" means "Franchise tax Board Suspended." In California, a business entity can be suspended by the Franchise Tax Board for failure to meet tax requirements 
(e.g., failure to file a return, or to pay taxes, penalties, or interest on taxes).
<p>
The corporation was formed on August 6, 1958.
Post Office Inspector Charles E. Dunbar testified that he saw the ad that appeared in the Richmond, Virginia, Afro-American of September 20, 1958.
Dunbar's 1st test letter (as from F. L. Doncho, Box 199, Dexter, New Mexico) was dated September 26, 1958.
<p>
Dunbar received a circular for "Powders, Roots and Herbs, Perfumes, Incenses, Oils, Candles, Books, Number and Dream Books, and Miscellaneous"
and an advertisement for "the book called ‘BLACK AND WHITE MAGIC’ ...  Marie Laveau.” 
<p>
Dunbar's order (as from Doncho) for the $2.00 book "Black and White Magic" was sent on October 11, 1958
<p>
I also have a copy of the same ad from the Miami Times of November 8, 1958, shown here.
<p>
<center><img src="https://www.luckymojo.com/Afro-India-Miami-Times-Header.jpg" width="400"></center> <p>

<p>
Dunbar's 2nd test letter (as from George Marston of Scottsdale, Arizona) was dated January 16, 1959
He received the same circular as before.
<p>
The book Dunbar received (as Doncho) was not titled "Revised" and this edition did contain the 
"The Best Gambling Hand (Toby)" and information on zodiac candles, neither from Hurston, 
as quoted in evidence.
<p>
The first hearing was conducted by Edward Carlick on May 5, 1959.
Carlick then became ill and could not attend the second hearing.
The USPO P.O.D. under William A. Duvall, Hearing Examiner, was held on July  27, 1959.
The result was that the USPO made an order to suppress the company's use of the mails, driving it out of business. 
<p>
My research on leonard Broady / Broudy has led me to believe that he was the son a a Pittsburgh musician named David Broudy, and that he served in World War Two. However, lacking contact wih his family (so far), i can only mention that as speculation. 
<p>
I do not know if he printed his own edition of the book, but i suspect he was merely distributing an edition then in print. 
<p>
The interesting thing to me is that although he was very rapidly put out of business, the book's popularity contnues, and new editions replaced the confiscated copies almost immediately. 
<p>
<h2>Post Office Paternalism</h2>
<p>
What stuck me most forcibly in reading the Post Office Docket against the Afro-India Company was 
not the idea that folk magic is inherently fraudulent, but rather the confident and strangling paternalism and patronizing attitude displayed toward African American people as a group. 
The people who wanted to buy this book of spells, or to purchase candles, is never named as such, nor is the fact that all the newspapers that carried this ad were black-owned. However, coded lamguage like :this makes an obvious point:
<p>
<b><i>&ldquo;The type of publication in which the  advertisements were
inserted with their obvious appeal to a susceptible and  easily influenced
group,&hellip;&rdquo;
<p>
&ldquo;The advertisements here make patently  absurd claims which could only
appeal to the superstitious, the ignorant and the  gullible&hellip;&rdquo;</i></b>
<p>
Under a thin veneer of helpful concern, the Post Office's message is that  "Black people are susceptible, easily influenced, superstitious, ignorant, and 
gullible, so the United States Govenrment must protect them from their traditional folk magic by 
removing access to it via black-owned newspapers or mail-order shopping." 
<p>
[[File:Genuine-Black-and-White-Magic-Back-Cover.jpg|thumb|300px|center|]]
<p>
This was the environment i grew up in and have fought against all my life. Its casual assumption of intellectual superiority still has an 
impact today, especially on people who were raised in families accustomed to hiding their beliefs lest they be rigiculed or even punished by authority figures.. 
<p>
Things are no way near perfect now, and we all know why, but at least in the 2st century you can 
order Zora Neale Hurston's spell-book without fear of it being confiscated by the Postal Sevice. 
<p>
Let us be thankfu for small victories. 
<p>
catherine yronwode, September 7th, 2021. 
<p>
</div>

[[Category:When_Hoodoo_Was_Illegal]]