◆ SpookStack

_ “he United States Attorney has filed a libel, under ‘the provisions of §305(a) of the Tariff Act of 1930,? seeking ‘the forfeiture, corfiscation, and destruction of certain photo- graphs, books, and cther articles which the claimant, Institute for Sex Research, Inc. at Indiana University, seeks to import . into the United states. The libel is based upon the allegation ‘that the Libelled material is "obscene and immoral"? within the meaning of §305(a). ‘The claimant seels the release of the ma- terial to it, maintaining that the attempted importation is not 2 6 stat. 688 (1930), 19 U.8.c. §1305(a) (1952). This -geotion provides, in pertinent part, as follows: "All persons ‘are prohibited from importing into the United States from any foreign country ... any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, er any cast, instrument, or >ther article which is obscene or im- moral .... Mo such a'iicles ... shall be admitted to entry; and all such erticles ... shall be subject to seizure and forfeiture _ gs hereinafter provided ...." The section further provides for the admission of certain classics or books in the discretion of the Secretary of ihe Treasury. See note 9, infra. The Secretary has refused to exercise hig discretion to admit In this case. See note 10, incra. 2 My ¢’acussion is framed 1 terms of whether the libelled material ir “obscene.” I do not believe that the word “immoral” adds to th, class of material excluded from importation by the word "obscene," and the Government has not contended that it does. See 71 Gong: Rec. 4457 (1929). Cf. Commercial Pictures Corp. v. Regents, 346 0.3. 587 (1954).