Rocky Ford enterprise., 1908-04-17
ASKS CONGRESS- :
TO bar ANARCHY
PRECEDENT CALLS FOR FURTHER
LEGISLATION TO WEED OUT
ANARcHisT LITERATURE.
IN SPECIAL MESSAGE
DECLARES QUESTION OF SUP.
PRESTON OF ANARCHY TO be
OF SUPREME IMPORTANCE.

washin6ton.-In one of the short
est messages which he has yet trans
mitted 10 Congress. President Roose-
welt Thursday called the attention OF
that body to the necessity OF further
legislation on the subject OF anarchy.
With the message he transmitted "A
report reviewing the legal phases Of
the question by Attorney General Bona
parte. The message Of the Presidenl
is rs follows:
"rhe Senate and House OF Repre-
scntatives-I herewith submit letter
from the Department Of Justice which
explains Itself. Under this opinion
hold that existing statutes give tho
President the power to prohibit the
postmaster general from being used
IN an instrument In the commission of
crime-that Is. to prohibit the use OF
the malls for the advocacy OF murder.
arson and treason: and I shall act
upon such construction. Unquestion-
ably. however. there should be further
legislation by Congress In this matter.
when compared with the suppress
sion o: anarchy. every other question
sinks into insisnihcancc. The an-
archist is tht enemy Of humanity. tho
enemy OF all mankind. and hts ts q
deeper degree Of criminality than any
other. No Immigrant IL allowed to
come to our shores II he In an anarch-
list: and no paper published here or
abroad should be permitted circulation
In this country II It propasatcs anarch.
istio opinions. s...
,SiIned)
"THFocoRE ROOSEVELT.
"The White House. april 3. 1905"
Besides his direction to the postmas,
ter general TO exclude : IN the mails
such publications ns In Qucxttouc So
cialc, President Roosevelt In i!'s letter
To Attorney General Bonapartc asking
for nm opinion on the legal phases OF
the subject. says he has had the par.
ticuinr case called to tho attention OF
the governor OF New Jersey by Sccr.-
tary Root that the governor may pro.
cccd under the state laws.
The. opinion Of the attorney general.
which the President transmits to Con.
grcss, embraces q discussion OF tho
whole subject from many legal angles.
His first conclusion IN that the article
In question. which advocates the use Of
arms and dynamite In annihilatiuS pc
lice nnd soldiers that anarchy may pre-
vail. constitutes "scdltIons libel" and
IL undoubtedly crime ut common
law"
He declares that there II no federal
statute which makes such publications.
mn ofIcnsc against the United States
and that the federal courts consc-
qucntly have no Jurisdiction in the
matter. That there Is full power In til.
possession Of Congress TO make such
publication criminal the attorney Scn'
crni asserts and quotes Chief Justice
Fuller OF the Supreme Court and Jus.
ticc Field Ms authority.
The greater portion Of his opinion Is
devoted to the question OF whether. In
the absence OF any legislation by Con
grcss. the postmaster general has ih.
right to exclude such publications. On
this point his conclusion Is:
"The postmaster general will be
justified In excluding from the mails
any issue Of any periodical Otherwise
entitled TO the privileges Of second
class matter. which shall contain any
article constituting n seditious libel
and counscling such crime as murder.
arson. riot and treason"
This provision. he goes on TO say.
does not apply to scaled letters. which
cnn NOT be opcued