The Washington times., 1908-04-09
SUPPRESS ANARCHY.
PRESIDENT URGES
IN SHORT MESSAGE
The Enemy of All Man
kind" He Declares
to Congress.
Holds Every Other Ques-
ton Insignificant in
Asking legislation.

Presid nt Roosevelt appealed to Con-
gress cOday. in a special message 10
enasc legislation for the suppression
Of anarchy. The President declares
that IN his opinion every other c,ues-
ton sinks irto insignidcance when
compared to an evil which rs The
enemy Of al mankind Incidentally.
the message is the shortest ever sent
10 Congress by President Roosevelt
The message in full reads as follows:
To the Senate and House OF Reure-
sentauves:
Il herewith submit d Ietter. from the
Department Of Justice, which exuIains
itself Under this opinion, / hold thar
existing statutes give the President
me power 10 prohibit the Postmaster
General from being used as an iustru-
ment N the commission OF crime thar
IS, 20 prohibit the use OF the mails
Tor the advocacy OF murder. arson ana
treason and i snail act upon suca
construction
CnqUesuOnabIy. however, there
should De further legislation by CON
grvss il this matter. When COMPARED
win the suppression Of anarchy. every
other question SINKS into iusigni1cance-
The anarchist is the enemy OF hu-
manitys the enemy OF al mankind, and
his is a deeper degree Of criminaIty
than any other. No immigrant IS al
lowed 10 come 10 our shores II he IS
an anarchist; and no paper published
here or abroad should be permitted
circulation u this country i IL pr0pa-
gates anarchisLc opinions
THEODORE ROOSEVELT"
Mr. Bonaparte's Letter.
Accompanying the message was . let
ter rom Attorney General 2On1parte,
in -epIy 10 a request from the Prcsi-
dent wltE reference 10 the use OF tEle
mails by anarchlsJic .apers- The Al
t0rney General reviews at great Length
the article published In Ia Questions
SOclals. which Postmaster GeuaraE lEey-
er barred from the mails. on the ground
THAI Il was intended 20 incste anarchy.
lie dnds that the article not onIy sug-
gests, but urges. arson. murder. riot.
and treason, bOtn against the state and
National Governments.
There hardly can be a more sed5yious
libel at common law" Nr- BonaUarts
says II IS quite clear. however. that
suCu q publication constitutes no s(r-lSa
against tie United States, in the aC-
s~A--- "a @-.--A- 49, a eAe1A--E
IL one"
Although expressing The opinion taat
the POsJ0fhce Department has ample
authority 70 deny the paper the use
OF tle mails, the Attorney General saws
that the utLer2nces Of the paper do not
constitute an offelse against the United
States M BouaUGTte JhCu makes the
following conclusions
hat the printing and circulation OF
the paper III question supposlne- IL 10
D. correctly translated, was clearly an
Ofense al common law
IhaL or tllS OIenSe the courts Of the
Jntec states have no Jurisdiction in the
absence OF any act Of Congress declar-
ing II a crime and authorizing its pl1r-
IN compliance with your Instructions.
/ have very carefully ilvescgaJed the
statutes or The United States 10 see. iT
lney contain any provision making such
a publication an Offense against the
United States or authorizing its exclr.-
slcE from the mails
Circulation Not Illegal
There are some other provisions OF
law, such as those relating TO letters
circulars, etc. connected with lotteries
CT spurious money ana those prohibiting
the transportation Of uoxious insects in
he mails which declare certain classes
OF matter unavailable. but they do not
affect the case OF an article OF this
character, and 1 am obliged 10 report
that / can nnd no express provision OF
law directing the exclusion OF sum mat
ter from the mails, Or rendering Us de-
pOSlt IN the mails an Ouense AGAINST
The United States
There can De no doubt, however thar
the Congress mas tuI power under the
Constitution 10 exclude such puDIica-
JiOns from the mails.
i have the honor, therefore. 20 ad-
wise yOu that IL Is Clearly ana fully
within the power of the Congress- 10
EXCLUDE from the mails the puBl.c2 lions
similar 70 the one SET fOrJn IN The clio-
pings iuciCsed with your letter ana
JC make the use, or attempted use OF
The mails Tor the transmission Of such
crime against tEe United
States
There remains TO be considered tie
and important question
whether, in the absence OF any legisla-
ton nv Congress either directing Or
prohibiting the transmission OF such
caticDs through the mails. the Post
master General. IL the exercise Of his
authority as head Of the POstOfLce De-
partment and acting under your instruc-
IiOns. has the right 70 exclude them.
and this question IS one Of no little diff
fculty.
Believes Action Justified.
II advise you that. in my opinion. the
Postmaster General viii be justified IN
excluding from the mails any issue OF
any periO0lcd-- OtLeI wise SAANlS0 70 tle
privileges Of second class mail matter.
which shall contain any article consd-
ruting a seditious libel and cOunselng
such crimes as murder. arson. riot. and
treason"
He holds that Congress has full power
under the Constitution to enact lew
expressly excluding such matter from
.he mails and making IL 4 criminal
1nense to attempt 70 use the mails for
its circulation
But in the absence OF compelling
anguaEe," he says. "a construction OF
The statutes should not be adopted
which would render officers OF the Gov