Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-09

President Roosevelt has transmitted to
Congress an opinion he has received from
Attorney General Bonaparte as to Grim.
inal prosecution of anarchists, accom-
panied by the memorandum given above.
The President some time ago inquired
of the Attorney General II 1t was possible
| to criminally prosecute the men interested
| in publishing the anarchist newspaper La
Questiope Sociale of Paterson, n. j..
| which. by the Presidents order, has been
excluded from the mails for advocating
murder by the use of dynamite.
Mr.. Bonaparte's Opinion.
The Attorney General says:
Il have carefully examined the law re-
lating to the subject matter of your letter
of March 20 and in accordance with your
direction submit the following report
thereon. l must premise, however by
saying have not sought information as
to the accuracy of the translation of the
article, nor yet as to the character of the
publication itself. and the antecedents
or purposes of its publishers. except in
so far as these are indicated by the al
legged passage in tine same article herein
before set forth.
IF tns publication does not come with
in the class of periodicals entitled to
transportation in the mails as maiIable
matter of the second class, for reasons
other than the sentiments it expresses or
the Illegal immoral character of its
contents, the Post Office Department has
ample authority to deny 1t admission 10
the mails. and / am informed that in
fact this has been done for reasons alto
gether independent of the peculiar charac-
teristics of the alleged article called to
your attention. Moreover. while il would
be appropriate of course. TO ascertain
all the material facts respecting the pc
riodical concerned or the individuals re-
sponsible for its publication before insti-
tuting proceedings of any kind which
might affect their rights or interests, I
understand your instructions as directing
a report upon the assumption that the
alleged newspaper in question. and others
of a similar character, habitually publish
articles substantially similar to the one
| translated in the clipping sent me.
The Presidents Questions.
Your letter asks in substances:
First. Whether the publication of such
articles constitutes criminal offense on
the part of the publishers.
Second. Whether this offense is pun
ishable by the federal courts.
Third. Whether such publications are
any existing statute of the United States.
Fourth. Whether. il they are not, the
Congress can constitutionaly enact law
or laws providing for their exclusion and
their treatment crimes.
Fifth Whether, in the existing condi-
ton of the law. the Postmaster General
can be compelled TO admit such publ1ca-
tions to the mails and transport and dis
tribute them as mail matter.
Il. The article in question. suppoSing IT
stitutes seditious libel and its publca-
tion, in my opinion, is undoubtedly a
crime at common law.
I'm the publication YOU have called to
my attention. all persons reading il are
urged to procure arms, to seize or. If
that he impossible. to destroy by dynamite
certain public buildings: TO resist forcibly
and if practicable kill police officers en-
deavoring to discharge their dutiess as
such. and also all the military forces
which might be sent TO aid in the restora-
ton of order. 1t is immaterial whether
the writer referred to the regular army
of the United States or to the organized
militia OF the state Of New Jersey In
this connection. and the criminal char
acter of his utterance is not affected by
the fact that he failed to designate any
particular policeman or any individual
officer or enlisted man of the army or mi
litia among his intended victims.
In this instance the publication not
only suggests out urges arson, hIuruei, :,
riot and treason against both the state
and the national governments. There can
be hardly a clearer or stronger case OF
seditious libel at common law.
ut is quite clear however, that such q
publication constitutes no offsnse against
the United States, in the absence OF some
federal statute making il one.
From the foregoing onsderations
conclude:
That the printing and circulating OF
the paper in question. supposing ii to he
correctly translated. was clearly an o.
fense al common law.
THAT of this offense the courts OF the
United States have no jurisdiction in the
absence of any act of Congress declaring
il a crime and authorizing it's punishment.
I'm compliance with your instructions [
have very carefully investigated the stat
utes of tho United States to see IL they
contain any provision making such pub