Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-04-10
PRESIDENT ON ANARCHY.

Washington, April 5-lH oHe VI li'o
shortest messages which he has yet
transmitted to Congress. President
Roosevelt today called the attention
| of that body to the necessity for fur
ther legislation on the subject OIL
Anarchy. With the message he trans
| mitted a report reviewing the legal
phases of the question by Attorney
General Boraparte. The message OF the
| President is as follows:
To the Senate and House of Repre-
sentatives.
T herewith submit a letter from the
department of justice which explains
itself. Under this opinion I hope that
existing statutes give the President
power to prohibit the postmaster gen
eral from being used as an instrument
in the commission of crime; that IS, 10
prohibit the use of the mails Tor the
advocacy CT murder, arson and urea
son, and I shall act upon such con-
struction. Unquestionably, however,
there should be further legislation py
Congress in this matter.
When compared with the suppression
of Anarchy, every other question SINKS
into insignificance. The Anarchist is
the enemy of humanity, the enemy OF
all mankind and his is a deeper degree
Of criminality than any other. NO I'M
migrant is allowed to come to our
shores if he is an Anarchist, and no
paper published here or abroad should
be permitted circulation in this coun-
try if it propagates Anarchistic op1n-
ions.
THEODORE ROOSEVELT
The White House, April 9, 1908.
Besides his direction to the postmas-
ter general to exclude from the mails
such publications as la Questlone
Sociale." President Roosevelt in his
letter to Attorney General Bonaparte
| asking for an opinion on the lega1
phases of the subject, says he mas hao
the particular case called to the atten-
| ton of the governor of New Jersey by
| Secretary Root that the governor may
| proceed under the state laws.
| The opinion of the attorney generai
| which the President transmits to Con-
gress embraces a discussion OF the
whole subject from many legal angles.
His first conclusion is that the article
| in question, which advocates the use
| of arms and dynamite In annlhliatlns
notice and soldiers that Anarchy may
prevail, constitutes a "seditlous llnel
and ais undoubtedly crime at COM
mon law"
He declares that there is no federal
s+at,,te which makes such publications
an offence against the Unitel STATES
and that the federal courts nave no 'u-
risdiction in the matter. That 'liele -
full power in the possession VI col-
press; to make such publications. ciii'',
inal. the attorney general asserts anu
Quotes Chief Justice Fuller of the su-
meme court, and Mr.. Justice fleiu dc
authority.
| The greater portion OF his OPINION Is
devoted TO the question OF whethel' At
the absence of any legislation ny ~
1 gross. the postmaster general Has tne
riaht to exclude such publications. VI
this point his conclusion IS:
"The postmaster general VIII De Jus
L tilted in excluding from the mans any
issue of any periodical, otherwise Ell
| titled. to the privileges OF secoho ci"''
mail matter, which shall contain any
article constituting a seditious libel
and counseling such crimes as muroer
arson. riot and treason
Tn arriving at the latter conclusioi
tho attorney general makes clear dls
tinction with reference to the authoi
itv of postal authorities over seaie'
,nd unsealed mail matter. In convey
i,a letters and newspapers to persoi'
ia whom they are directed, he says tn
United States undertakes the busi
ness of a messenger. He ADDS:
"Jn SO far as it conveys sealed docu
ments. it's agents not only are no
hound to know but are expressly lor
hidden to ascertain what the purpor
of such messages may be; therefore
neither the government nor it's officer
can he held either legally or moran.
RESPONSIBLE for the nature of the let
ters to which they thus, in intentional
Ignorance afford transportation. But II
the> case of printed matter lntenoe'
for general circulation, and winch o.
virtue of the statutes above mentione'
and in consideration of the reduce
ra te at which it is transported. the OF
ficers of the postoffice department hav
the legal right to thoroughly inspect, !
seems obvious that neither these OH
GERS nor the government which EN-
pIoyes them can escape responsibiht
for the consequences if they knoWlngi
TRANSPORT matter which becomes, an
which they must know might be rea
sonably expected to become a cause o
crime"