New-York tribune., 1908-04-10
PRESIDENT ON ANARCHY
TPGES IT'S REPRESSION.
Further Legislation Needed-WM
Tsc Ill POzcerS He Possesses

washington April 9-Presdent Roosevelt
.o-ssv called the attention Of Congress TO the
o,essity for further legislation for The sup
-sssion OF anarchy With the message he
'-s,sr,it1rd a report reviewing the legal phases
= me question by Attorney General Bonaparte:
-re message follows;
-o the Senate and House Of Representatives:
herewith submit letter from the Depart
- of Justice which explains itself. Under
,sis opinion I hold that existing statutes give
+he President the power TO prohibit the Post
es,er u General from being used as an nstru-
--snt IN the commission Of Crime-that is, II
--ohitf, the use OF the mails for the advocacy
- murder arson and treason--and l shall act
upon such construction. Cnquestlonapiy. now nov
ever there should be further legislation by Con-
r-ess I'm this matter
s-chv every other question sinks into insigniti-
rsnrs The anarchist is the enemy Of humanity,
The enemy Of all mankind. and his is A deeper
degree - criminality than any other. No immi-
giant IS allowed TO come 10 our shores if he is
ar anarchist and no paper published here or
abroad should he permitted circulation in this
country if II propagate anarchstic opinions.
THEODORE ROOSEVENT
TIE White House, April 2, l@iS
Resides his direction to the Postmaster Gen
era 70 exclude from the mails such publica
lions as La Questione Sociale." President
Roosevelt in his letter 10 Attorney General
Borapa-re. asking for an opinion the legal
phases Of the subject SAYS he has had the par
tiruIa- case called 10 the attention OF the Gov
erno- Of New Jersey by Secretary Root. that
The Governor may proceed under the state laws.
Mr. BONAPARTE's OPINION.
The opinion Of the Attorney General. which
Ire President transmitted 70 Congress, embraces
z discussion Of the whole subject from many
leesl points OF view His first conclusion is
thst the article in question. which advocates
The use Of arms and dynamite in annhlating
police and soldiers that anarchy may prevail,
constitutes "seditious libei' and lis undoubt-
e5rv crime al common law"
He declares that there is federal statute
u-rtrn makes such publications an offence
against the United States and that the federal
courts -onsequently have no jurisdiction. That
Congress has full power to make such pub
LEGATIONS criminal the Attorney General asserts
and quotes Chief Justice Fuller and Justice
Field as authority
The greater portion of his opinion is devoted
n The question NJ whether. in the absence Of any
legislation hv Congress, the Postmaster General
has The right u exclude such publications from
rr= mails on This point his conclusion is:
The Postmaster General will he justified in ex-
Gliding from rr@ mails any issue Of any periodi-
cal otherwise entitled 10 the privileges of sec
orI class mail matter. which shall contain any
article constituting sediriOus libel, and Couu-
selling crimes as murder. arson. riot and treason
In arriving ar the latter conclusion the At
-c-rev General makes z clear dlstiCtiOn with
reference ~ the authority n postal officials
over sealed and unseaIed mail matter. In con-
verfrc letters and newspapers to persons 10
whom -r-v are directed, h says the United
States Undertakes the business of messen-
ger H adds
Iu -- tar as II conveys sealed documents. its
agents not only are not bound 10 know, but are
expressly forbidden ro ascertain. what the pur-
p1rr NJ such MESA ges may be, therefore neither
t-e eminent nor its officers can he held either
-ega-r or morally responsible for the nature Of
rhe letters 10 which they thus, in intentional
ignorance. afford transportation But in the
case NJ printed matter intended for general
circulation and which by virtue Of the statutes
above mentioned and in consideration Of the
reduced rate Al which II is transported, the
oF5Ce-- oC The Postof1ce Department have the
eEsI -Err 20 thoroughly inspect. II seems OBJ
VI0uS that neither these officers nor the govern
nHr- which employs them can escape respon-
s1ll.-T TOT tho consequences II they knowingly
Transport matter which becomes. and which they
must know might he reasonably expected TO be
come. cause Of crime