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Shee A 24 0-88 Act of 1930°> provides the sole means by which this material may be imported. Of course, under the theory that the nature of the material is to be judged by its appeal to those who will see it, the libelled material is simply not obsoens and the second proviso has no application, providing, as it does, for a method by which certain obscene matter may be: imported, 2° And if the correct theory be that there is a ccnditional privi- lege in favor of scientists and scholars ‘o import material, for their study alone, which would be obscene in the hands of the general public, I am not convinced that Congress, by enact- ing the second proviso to §295(a) in 1930°" {intended to establish the Seoretary's @iscretion as the sole means by which scientists 35 Quoted in note 9, supra. 36 I do not believe that my decision leaves the second proviso without function, for 1t appears to provide the only means by which classics, and works of scientific and literary merit, although obscene in the hands of the general public, may be distributed to the general public. The Congressional debates on §305(a), 72 Cong. Rec. hla. 33, 3 5487-5520 (1930), 71 Cong. Rec. 4432-4439, ALAS -huT7O 1929 largely illustrative of the views of the members who spoke on literature which may contain salacious passages. While bits may be culled from these debates which appear to deal with the problem at issue here, I believe that a fair reading of the debates as a whole indicates that Congress was concerned with the widespread distribution of obscene matter, anc with the manner in which the ban on such distribution was t be enforced.