The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-10


Roosevelt to-day called th
attention OF that body to the necessit.
OF further legislation on the subject o
anarchy. With the message he trans
nitted report reviewing the lcga
phase. by Attorney-General Bonaparte
The mcssake of the President Is a
follows:
"To the Senate and House of Rep
rcscntatives:
81 herewith submit n letter from
the Department. of Justice. which
explains itself. Under this opin-
Ion i hold that existing statutes
give the President the power to
prohibit the Postmnster-Gencral
from being used us an instrument
in the commission of crime; that is,
to prohibit the use of the mails
for the advocncy of murder, arson
and treason; and I shall act upon
such Legislation. Unque.tionably,
however, there should he further
Legislation by Congress In this mat
Ter. When compared with the sup
PressiOn of anarchy, every other
GuestiOn sinks into insignificancc.
The anarchist TX the enemy of hu-
Innnity, the enemy of all mankind,
and his Is deeper degree of
criminnHty than any other. No I'm
migrant Is allowed to come to our
shores if he Is nm nnnrchist; and no
paper published here or abroad
shall he permitted circulation in
this country If Ii propagates an
nrchistic opinions.
(SiEnedb
"THEODORE ROOsEvELT.
"The White House. April s, 1905"
Governor to Act.
Besides his direction TO the post.
TO exclude from th.
malls such publications as La Ques.
tione Sociale," President Roosevelt ir
his letter to Attorney General Bona
parte, asking for an opinion on the
legal phases of the subject. says IL
has had the particular case called tc
the attention of the Governor of New
Jersey by Secretary Root. that tht
Governor may proceed under the
State laws.
The opinion of the Attorney Genera
which the President transmits to Con.
gress embraces a discussion of the
whole question from many legal view
points. His first conclusion is that tn
article in question. which advocates
the use Of arms and dynamite in an.
police and soldiers that an.
archy may prevail. constituted 9
"seditious libel and us undoubtedly
a crime at common law
He declares that there is no Fedora
statute which makes such publication.
an offense against the United State
and that the Federal courts consequent.
ly have no jurisdiction in the matter
That there is full power in the posses
sion of Congress to make such publ.
cations criminal the Attorney Genera
asserts, and quotes Chief Justice Ful,
Ter, of the Supreme Court. and Mr.
Justice Field IS authority. The create,
portion of his opinion is devoted tc
the question of whether, in the absence
of any legislation by Congress, the
Postmaster-General has the right tc
exclude such publications.
Knowledge of Contents.
On this point his conclusion is "The
stmaster-General villa be justified
In excluding from the mails any Issue
of any periodical. otherwise entitled tc
the privileges of second class matter
which shall contain any article consti,
tuting a seditious libel and counseine
such crimes as murder, arson, riot ant
treason"
In arriving at the latter conclusion
the Acknowledgement makes a cleal
distinction with reference to the au.
thority of postal officials over sealed
and unsealed mail matter. In convey,
ing letters and newspapers to person.
to whom they are directed, he says the
United States undertakes the bushes.
of messenger" He adds: "In so ia
as it conveys sealed documents. it:
agents not only are not bound to know
but are expressly forbidden to ascer
tain, what the purport OF such mes
sages may be: therefore, neither The
government nor its officials can be held
for the nature of the let
ters to which they thus, in uninten'
tional ignorance, afford transportation
But in the case of printed matter in
tended for general circulation, and
which. by virtue OF the statutes above
and in consideration of the
rate at which it Is transported
the officers of the Post-Of Depart.
ment have the legal right to thorough.
ly inspect. it seems obvious that nei-
ther these officers nor the government
which employs them can escape respon-
sibility for the consequences If they
transport matter which be.
and which they must know
might be reasonably expected to be-
come, a cause of crime"
-