Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-04-09
BIG STICK AFTER
UNITED STATES REDS
President Tells Congress He
Has Power and Will Suppress
Seditious Literature
WILL KEEP UP POSTAL BARS
Roosevelt and eonaparte Urge Neees-
sity of Other Legislation Covering
Questions--.Terms Anarchists Enc
mics of Humanity and Criminal of
J Deepest Degree.

Washington, April 9.-Presiden
Roosevelt today sent the following
message to congress:
.sI herewith submit letter from
the department of justice, which eX
plains itself Under this opinion,
hold the existing statutes give tn.
president power to prohibit the post
master general from being used as al
instrument in the commission o.
crime; that is, to prohibit the use o.
the mails for the advocacy of murder
arson and treason. and shall act upon
such construction.
Enthusiastically, however, there
should be further legislation by con-
gress in this matter. When compared
with the suppression of anarchy every
other question sinks into insigniticance
An anarchist is the enemy of human
ity, the enemy of all mankind, and his
is a deeper degree of criminailty than
any other. No immigrant is allowed to
come to our shores if he is an an
archist; no paper published here or
abroad should be permitted circula-
ton in this country if it propagates
anarchistic opinions.
.(Signed),
THEODORE RoosEvELT.' .
1onaparte's Vie,-s.
With the message he transmitted a
report reviewing the legal phases Of
the question by Attorney General
Bonaparte. The opinion of the attor-
ney general which the president trans
mits to congress embraces discus
sion of the whole subject from many
legal angles His first conclusion is
that the article in question, which ad-
vocates the use of arms and dynamite
In annihilating police and soldiers, that
anarchy may prevail, constitutes 'se-
ditious libel' and is Undoubtedly a
crime at common law" He declares
there is no federal statute which makes
such publications an offense against
the United States, and that the fed
eral courts consequently have no jur-
isdiction in the matter. That there is
full power in possession of congress to
make such publications criminal the
attorney general asserts, and quotes
Chief Justice Fuller and Justice Field
as authority. The greater portion OF
his opinion is devoted to the question
OF whether, in the absence of any legis-
lation by congress. the postmaster
general has the right to exclude such
publications. On this point his con-
clusion is:
sThe postmaster general will be
Justified In excluding from the mails
any issue of any periodical otherwise
entitled to the privileges of second
class mail matter which shall contain
any article constituting seditious libel
and counselling such crimes, as mur-
der arson, riot and treason"
In arriving at the latter conclusion,
the attorney general makes clear the
distinction with reference to the au-
thority of postal officials over sealed
and unsealed mail matter In convey
ing letters and newspapers to persons
to whom they are directed. he says. the
United States Undertakes the business
Of messegeI'' He holds all printed
matter Intended for general circula-
ton and transmitted thru the mails a.
reduced rates is legally subject to in
spection by the postoffice officials.