United States v. Two Obscene Books

On June 24, 1949, the United States filed a libel of information herein charging that the two obscene books named as respondents, were imported into the United States in violation of Section 305 of the Tariff Act of 1930, 19 U.S.C.A.- § 1305, and praying for their forfeiture and destruction.

One Ernest J. Besig appeared as claimant, filed an answer to the libel and alleged that the respondent two books were not subject to seizure and should be returned to the claimant. In effect he claims the books to be not obscene.

The court takes judicial notice of the fact that Ernest J. Besig is the Director of the American Civil Liberties Union of Northern California.

In an amendment to his claim and answer, he asserts that 19 U.S.C.A. § 1305 abridges ■freedom of speech and violates the Constitution (First Amendment).

Now before the court for determination is the claimant’s motion for a commission to take the depositions, on written interrogatories, of 19 .persons alleged to be experts in the field of literary criticism. Of the 19 named, 1 resides in Connecticut, 2 in Illinois, 1 in Massachusetts, 2 in New York, 1 in Germany, 6 in France, 2 in Holland, 1 in Belgium, and 1 in Switzerland,…