Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-09
SPECIAL MESSAGE ON SUBJECT
Anarchists Criminality is of
Deeper Degree Than That
OF Any Other.
Papers Advocating Anarchistic Doc
trines Should be Prohibited Cir
cuIation in This Country.

washington ID. G., April -
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
OF further legislation on the subject of
anarchy. With the message he trans
mittod report reviewing the legal
phases of the question by Atty.-Gen.
Bonaparte. The message OF the presi-
dent is as follows:
TO the Senate and House of Repre-
sentatives
Il herewith submit a letter from the
department of justice which explains
itself. Under this opinion | hold that
existing statutes give the president
the power to prohibit the postmaster
general from being used as an instru-
nnent in the commission of crime; that
is, TO prohibit the use Of the mails for
the advocacy of murder, arson and
treason; and l shall act upon such
construction. Unquestionably, however,
there should be further legislation by
Congress In this matter. When COM
pared with the suppression of anarchy,
every other question sinks into insig-
niticance. The anarchist is the enemy
of humanity, the enemy OF all man
hlllu anu MS is IL deeper utRIte Oh
crilninality than any other. No immi-
grant is allowed to come TO our shores
If he is an anarchist; and no paper
published here or abroad should be
permitted circulation in this country
If 1t propogates anarchistic opinions
(Signed) THEODORE ROOSEVELT.
THE White House, Aprpil ., 19OS.''
Besides his direction to the postmas-
ter general to exclude from the mails
such publications as La. Questions So
ciale, President Roosevelt in his letter
at Atty.-Gen. Bonaparte asking for an
opinion on the legal phase of the sub
ject says he has had the particular case
called to the attention of the governor
of New Jersey by Secy. Root that the
governor may proceed under the state
laws.
ATToRNEY-G5 OPINION.
The opinion of the attorney general
which the president transmits TO Con-
gress, embraces discussion of the
whole subject from many legal an
giles His first conclusion Is that the
article in question, which advocates the
use of arms and dynamite in annihilat-
ing police and soldiers that anarchy
may prevail, constitutes n 'seditlous Ii
bell and is undoubtedly "A crime at
common law.
He decares that there is no federal
Sldlule WHICH lildhtS SUCH Publiei-
tons an offense against the Unitei
States, and that the federal courts con-
sequently have no jurisdiction In the
matter That there is full power IN
the possession of Congress as to make
such publication criminal the attor-
ney-general asserts and quotes Chief
Justice Fuller of the supreme court
and Justice Field as authority.
The greater portion of his opinion
is devoted to the question of whether,
in the absence of any legislation by
Congress the postmaster general has
the right TO exclude such publica-
tons. 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 seditious libel and
counseling such crimes as murder, ar
son, riot and treason"
In arriving at the latter conclusion
the encouragement makes n clear dis
tinction with reference to the author
ity of postal officials over sealed ana
unsealed mail matter. In conveying
letters and newspapers 10 persons TO
whom they are directed. he says the
United states undertakes the business
OF messenger" He adds:
SEALED DOCUMENTS.
"In so far as it conveys sealed do
cuments, its agents not only are bound
not 10 know but are expressly forbid
den TO ascertain what the purport OF
such messages may be: therefore neith-
or the government nor Its officers can
be held either legally nor morally re-
sponsible for the nature or the let
ters 10 which they thus I'm intentional
ignorance afford transportation. But
in the case OF printed matter intended
for general circulation which by viz
tue OF the statutes above mentioned,
and in consideration Of reduced rates AT
which It Is transported the officers OF
the postoffice department have the To-
gal right TO thoroughly inspect II seems
obvious that neither these officers nor
the government which employees them
can escape responsibility for the con-
sequences II they knowingly transport
matter which becomes and which they
must know might be reasonably eX.
pected 90 become, a cause OF crime.