The Washington herald., 1908-04-11


President Roosevelt is very much in
earnest in his belief that one Of the inn
portant duties of government Is the sup
preston Of anarchy His power TO ex-
clude from the mails any publication ad-
vocating murder, arson, and treason as
a remedy for political or social wrongs
he purposes to exercise. on the advice of
the Attorney General that the exclusion
OF such publications is justified under ex-
listing statutes. But the Attorney General.
in his opinion, used a rather Ominous
phrase. "seditfous libel holding that the
publication of a seditious libel warrants
exclusion of the seditious print from the
mails Now. If the President indorses thei
view that seditious writings should be
from the malls, he is treading on
dangerous ground. and there is no like
nhood that Congress win follow him in
enacting legislation going so far as to
deal with sedition in the manner indi-
Gated, It is true that the United States
flag flies over territory where sedtion
law is in force, and where. in consequence,
the right OF free speech and of a free
press is greatly circumscribed: but the
people of the United States are not ready
to submit to a penal code that has been
thought necessary by our benevolent as
slmilators for the civilization Of the Fill
psnos
Suppression Of anarchy is a duty which
brlstles with difficulties. and Mr.. Roose-
welt has cautiously refrained from sug-
gesting the nature Of the legislation that
would enable him to perform that duty
effectually. If he has authority 70 ex-
olude anarchistic publications advocating
overt acts Of violence from the mails, he
would seem to have about all the power
requisite in that direction. unless the postal
laws should be so amended as TO pre-
scribe the precise crimes. the Indictment
OF which would deprive a publication Of
mailing privileges. We think this definl-
ton could and should be made, so that
there may be no question as to the limits
within which the authority OF the Post
master General may be exercised A
statute Just enacted by the New Jersey
legislature makes it high nisdemeanor
for any person tC advocate by speech,
writing printing. OF any other means the
unlawful burning or destruction Of public
or private property. or to advocate or
encourage assaults upon the army of the
United States. the national guard. or the
police of any State or municipality. or the
killing or injuring Of any class or body
OF persons, or of any individual" The
national government might also make It
a crime to advocate the destruction Of
Federal property, or to encourage assaults
on the army, or the killing or injury of
any Federal officer, and might well ex-
clude from the mails any publication
habitually engaged In the incitement Of
such crimes.
The President, however, would forbid
the circulation of any publication propa-
eating anarchigtie opinions But Just what
are anarehiste opinions? And what arbiter
shall be trusted TO decide whether any
given opinion is anarohistic or not? The
suppression of opinion is a delicate busl-
ness, that governments should hesitate
TO undertake. even "a times of imminent
peril. Every citizen has right TO criti-
else and to condemn acts of public Off
eials and forms Of government, and to
advocate changes In both. Such criticism
is often thought dangerous, and even an
archistie. by those in authority. Mr. Bryan,
for example. was called an anarchist be-
cause he found fault with a Supreme
Court decision, and suggested the possi-
bility that some future court might de-
eide otherwise OF course, this was a
rather loose employment of the word
anarchist" yet the incident suggests that
it might be so employed by a partisan
Postmaster General if he had power TO
forbid the circulation Of anarchistic opin-
ions Public officers are not fnfaIible, nor
are their judgments always just and i'm
partial: so that whatever authority may
be lodged in the Postmaster General for
the suppression OF anarchy through deny
ing the use of the malls should be care
fully and accurately defined. II this be
done. We see no objection to legislation