Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-04-10
PRESIDENT ASKS CONGRESS
FOR LEGISLATION
"EvERY OTHER SUBJECT INSIG-
NlFIcANT," HE SAYS
IncendIary Publications to Be Rigldiy
Excluded from Malls-opinion
of Attorney General Cow
ers All Phases
BY Associated Press.

BY Associated Press.
WASHINGTON, April 9.-In one of
the shortest messages which he has yet
transmitted to congress, president
Roosevelt today called the attention or
that body to the necessity for 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 president is
as follows:
ITO the Senate and House of Repre-
sentatives:
Il herewith submit letter from the
department of justice which explains
itself. Under this opinion l hold tnat
existing statutes give the president
power to prohibit the postmaster gem
eral from being used as an instrument
in the commission of crime-tnat lsi TO
prohibit the use of the mails for the
advocacy of murder, arson and treason
and | shall act upon such construction:
Unquestionably, however, there should
be further legislation by congress In
this matter.
.,When compared with the suppress
sion of anarchy every other questlon
sinks into insignificance. The anarchlst
is the enemy of humanity, the enemy OF
all mankind, and his is deeper degree
of criminality than any other NO I'M
migrant Is allowed to come to our
shores IL he is an anarchist; and no
paper published here or abroad should
be permitted circulation in this coun-
try If il propagateS anarchistlc oplnlons'
THEODORE ROOSEVELT.
.The White House, April 8. 190S.'
Case Called to Attention
pasidas his direction to the postmaS-
ter general to exclude from the mails
such publications as La Questione So
ciale. President Roosevelt in his letter
to Attorney General Bonaparte ASKING
for an opinion on the legal phases OF
the subject says he has had the par
ticular case called to the attention of
the governor of New Jersey by Secre-
tary Root, that the governor may pro-
ceed under the state laws.
The opinion of the attorney general,
which the president transmits 10 con-
eress, embraces a discussion or 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 annihilating po-
lice and soldiers that anarchy may pre-
vail. constitutes a "seditious libel, ana
is undoubtedly a crime at common
law"
He declares that there is no federal
an offense against the United states
and that the federal courts consequent
ly have no jurisdiction In the matter
That there is full power In the possess
sion of congress to make such pupiica-
ton criminal the attorney general as.
serts. and uotes Chief Justice Fuller OF
the supreme court and Justice Field as
authority.
Exclusion Is Justified
The greater portion of his opinion is
devoted to the question of whetner, IN
the absence of any legislation by con-
srress the postmaster general has the
right to exclude such publications. on
this point his conclusion Is that
the postmaster general will be Justl-
fled in excluding from the mails any
issue of any periodical other"lse Ell
titled to the privileges or second CLASS
mail matter which shall contain any
article constituting seditious ilpel ana
counseling such crimes as muruer' ar
son, riot and treason.
In arriving at the latter conclusion,
the attorney general makes clear dls-
tinction with reference to the authority
of postal officers over sealed and un-
sealed matters. In conveying letters
and newspapers to persons to whom
thew are directed he says the United
states undertakes the business or
messenger"
He adds: "In so far as it conveys
sealed documents it's agents not only
are bound not to know. but are ex-
pressly forbidden to ascertain what the
purport of such messages may be;
therefore, neither the government nor its
officers can be held either legally or
morally responsible for the nature OF
the letters to which they thus in inten-
tional ignorance afford transportation.
But in the case of printed matter In
tended for general circulation, which
bv virtue of the statutes above men
toned, and in consideration of reduced
rates at which it is transported. the
officers of the postoffice department
have the legal right to thoroughly in
spect, 1t seems obvious that neither
these officers nor the government which
employs them can escape responsibility
for the consequence If they knowingly
transport matter which becomes and
which they must know might reason
ably be expected to become a cause of
crime"