The Montgomery advertiser., 1908-04-10
ROOSEVELT
 ON ANARCHY Sends Special Message
 to Congress.
 - t&e5, ATTORNEY GENERALS OPINION Advocates Prohibition of Mails for
 High Crimes. The President Say. Every other aues- tiSn sinks Into Insisnifieancs When Compared to the sup-
 pression of Anarchy.
ATTORNEY GENERALS OPINION

Washington. April s.-In one of the shortest messages which he has yet transmitted to Congress. President Roosevelt today called the attention of that body to the necessity for fur ther legislation on the subject of an- archy. With the messages. he trans mitted a report reviewing the legal phases of the question by Attorney General Bonaparte. The message of the President is as follows:
 ITO the Senate and House of Repre-
 sentatives:
 q herewith submit letter from the Department of Justice. which ex- plains itself. Under this opinion. hold that existing statutes give the President power to prohibit the pest master general from being used as instrument In the commission of crimes, that is to prohibit the use of the mails for the advocacy of mur- der. arson and treason; and shall tionably, however, there should be further legislation by Congress in this matter. When compared with the sup- pression of anarchy. every other ques- ton sinks Into insignincance. The an- archist Is the enemy of humanity. the enemy of all mankind. and his is deeper degree of criminality than any other. No immigrant Is allowed to come to our shores if he is an anarch- ist; and no papers published here or abroad should be permitted circulatia@ in this country if it propagates anareh~ istic opinions.
 (Signed.) Theodore Roossveit.@ The White House, April 9. 1908.
 Besides his direction to the Posas master General to exclude from the malls such publications as "La ouee- ttene Sociale." President Roosevelt In his letter to Attorney General Bona parte, asking TOT an. opinion on the legal phases of the subject. says he has had the particular clause called to the attention of the Governor of New Jersey by Secretary Root that the Governor may proceed under the State laws. The opinion of the Att torney General which he transnita to Congress. embraeeB q discussien of the whole subJec from many legal nnKle2 His first conclusion is that the articIe in question. which advocates the use of arms and dynamite in anuihiiatinG police and soldiers that anarchy may prevail, constitutes a "sedItion libeir and is undoubtedly a crime at com mon laws."
 Nc Federal ststute.
 He declares that there is no Federal statute which makes such publications an offense against the United Stateas and that the Federal courts conse- quently have no Jurisdiction in the matter. That there is full power in the possession of Congress to make such publications criminal the Attor- ney General asserts. and quotes Chief Justice Fuller. of the Supreme Court. and Mir. Justice Field as authority.
 The greater pvrtion of his opinion Is devoted to the question of whether. fin the absence of any legislation by Congress, the Postmaster General has the right to exclude such publications. On this point his conclusion is:
 The Postmaster General will be Justified in excluding from the malls any issue of any periodical, otherwise entitled to the privileges of second class mail matter. which shall contain any article constituting a seditious li- bel and counseling such crimes. as murder. arson, riot and treason"
 In arriving at the latter conclusion. the Attorney General makes clear distinction with reference to the au- thority of postal officials over sealed and unsealed mali matter. In convey ing letters and newspapers to persons to whom they are directed, he says the United States undertakes the bus mess of a messenger"
 He adds:
 Tn so far as it conveys sealed doc- uments, its agents not only are not bound to know. buc are expressly for- bidden to ascertain what the purport of such messages may be: Therefore. neither the government nor it's officers can be held either legally or morally for the nature of the let- ters to which they thus, by intentional ignorance afford transportation. But in the case of printed matter. intended for general circulation and which. by virtue of the statutes. above mentioned. and in consideration of the reduced rate at which 1t is transported. the of- hcers of the postofice department have the legal right to thoroughly in- spect. 1t seems obvious that neither these officers nor the government which employs them can escape re- sponsibility for the consequences if they knowingly transport matter which becomes, and which they must know might be reasonably expected to become a cause of crime"