The midland journal. (Rising Sun, Md.) 1885-1947, 1908-04-17
Law NEEDED TO
STOP THE REDS.
Presidents Special Message to
Congress.

Washington, D. c. (Special).-
In one of the shortest messages
which he has yet transmitted to Con-
gress. President Roosevelt called the
attention of that body to the necessity
for further legislation ON the subject
of anarchy. With the message he
transmitted a report reviewing the
legal phases of the question by At
torney General Bonaparte.
The message of the President is
as follows:
"To the Senate and House of Repre-
sentatives:
II herewith submit a letter from
the Department of Justice which ex-
plains itself. Under this opinion,
hold that existing statutes give the
President the power to prohibit the
Postmaster General from being used
as an instrument in the commission
of crime; that is, to prohibit the use
of the mails for the advocacy of MUIR
DER, arson and treason; and l shall
act upon such construction. Ur 1ues-
tionably, however, there should be-
further legislation by Congress in
this matter. When compa I'd with
the suppression of Anarc,-y, every
other question sinks into insignia
canoe. The Anarchist is the enemy
Eof humanity, the enemy of all man
kind, and his is deeper degree of
criminality than any other. No inn
migrant 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 it propagates Anar-
chistic opinions.
Theodore Roosevelt.
"The White House, April 8, 1905"
To Act Under State Law.
Besides his direction to the Post
master General to exclude from the
mails such publications as La Cues
tione Sociale, President Roosevelt, in
his letter to Attorney General Bona
parte, asking for an opinion on the
legal phases of the subject, says he
has had the particular case 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 Attorney Cen
eral, which the President transmits
to Congress, embraces a discussion
of the whole subject from many le-
gal angles His first conclusion is
that the article in question, which
advocates the use of arms and dyna-
mite in annihilating police and SOL
diers that Anarchy may prevail, con-
stitutes ''seditious libel" and is
undoubtedly a crime at common
law
He declares that there is no Fed
eral statute which makes such pub
locations an offense against the United
States, and that the Federal courts
consequently have no jurisdiction in
the matter That there is full pow
err in the possession of Congress to
make such publications criminal, the
Attorney General asserts, and quotes
Chief Justice Fuller of the Supreme
Court and Mr.. Justice Field as au-
thority.
The greater portion of his opinion
is devoted to the question of wheth-
er, in the absence of any legislation
by Congress, the Postmaster General
has the right to exclude such pub
LEGATIONS. On this point his conclu-
sion is: 'The Postmaster General
will be justified in excluding from
the mails any issue of any period
ical, otherwise entitled to the priv
ileges of second-class mail matter,
which shall contain any article con-
stituting a seditious libel and coun-
selling such crimes as murder, arson,
riot and treason