Parmelee v. United States

The libel of the instant book required the District Court to decide whether it fell within the purview of § 305 of the Tariff Act of 1930.1 The court, sitting without a jury as a judge of both law and fact, found that it did. The only question presented by this appeal is whether the court followed correctly the mandate of Congress.

The relevant provisions of § 305 are-as follows:

“All persons are prohibited from importing into the United States from any foreign country * * * any obscene book, * * picture * * *: Provided further, That the Secretary of the Treasury may, in his discretion, admit…