United States v. Nicholas

L. HAND, Circuit Judge.

These are appeals from two decrees, dismissing libels of information against a book and certain copies of a magazine, all of which “represent” that articles described in them can be used to prevent conception (§ 211, Criminal Code, 18 U.S.C.A. § 334), and give information “where, how, or of whom” such articles “may be obtained” (§ 245, Criminal Code, 18 U.S.C.A. § 396). The publications came from abroad through the mails and were stopped at the Port of New York. The book was addressed to the claimant, Nicholas, about whom nothing appeared except that he was not a…