The Birmingham age-herald., 1908-04-10
ANARCHY MUST
 BE EXPRESSED. President Roosevelt Sends Short
 Message to Congress MORE LEGISLATION NEEDED The President Declares That Anarchist Publications Must Stay Out of the
 Mails and No Anarchist lm-
 migrant Must Come In.
MORE LEGISLATION NEEDED

Washington. April e.-A1 one of the shortest messages which he has yet transmitted to Congress President Roose- body to the necessity for further legis- lation on the subject of anarchy. With the message he transmitted a report re- viewing the legal phases of the question by Attorney General Bonaparte. The message of the President is as follows: ITO the Senate and House of Representa-
 tives:
 q herewith submit a letter from the department of justice, which explains it. self. Under this opinion, I hold that ex- isting statutes give the President power to prohibit the Postmaster General from being used as an instrument in the com mission of crimes, that Is to prohibit the use of the mails for the advocacy of murder, arson and treason; and I shall act upon such constructions. Unques- tionably, however, there should be fur ther legislation by Congress in this mat ter When compared with the suppress sion of anarchy, every other question sinks into insignifcance. The anarchist is the enemy of humanity, the enemy of all mankind, and his is a deeper de- gree of criminality than any other. No immigrant is allowed to come to our shores if he is an anarchist; and no papers published here or abroad should be permitted circulation in this country if it propagates anarchistc opinions.
 THEODORE ROOSEVELT. "The White House, April 9, 190S.'
 Bonaparte's Opinion.
 Besides 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 particular case called to his attention of the gov ernor of New Jersey by Secretary Root that the governor may proceed under the state laws.
 The opinion of the Attorney General, which the President transmits to Con- gress, embraces discussion of the whole subject from many legal angles. His first conclusion is that the article In ques- ton, which advocates the use of arms and dynamite in annihilatng police and soldiers that anarchy may prevail con- stitutes ''seditous lbel' and is ''un- doubtedly crime at common laws" He declares that there is no federal statute which makes such publications an offense against the United States, and that the federal courts consequently have no ju- risdiction in the matter. That there is fun power in the possession of Congress to make such publications criminal the Attorney General asserts, and quotes Chief Justice Fuller of the supreme court and MT. Justice Field as authority
 The greater portion of his opinion is devoted to the question of whether in the absence of any legislation by Congress the postmaster general has the right to exclude such publications. On this point his conclusion is:
 Excluding From Mails.
 The 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 constitut- ing seditious libel and counselling such crimes as murder arson, riot and treason.
 In arriving at the latter conclusion the attorney general makes clear distinction with reference to the authority of post office officials over sealed and unsealed mail matter In conveying letters and the postmaster general has the right to newspapers to persons to whom they ale directed, he says the United States "un- dertakes the business of messenger
 He adds in so far as 1t conveys sealed documents, its agents not only are not bound to know, but are expressly forbid den to ascertain what the purports of such messages may be-
 Therefore, neither the government nor it's officers can be held either legally or morally responsible for the nature of the