Omaha daily bee., 1908-04-10
Papers Advocating Arson and Murder
to Be Kept from Mails.
OPINION OF MIR. BoNApARrE
Executive Transmits Discussion Of
Legal Phases Of Question.
FEDERAL STATUTE IS NECESSARY
seditious Libel IL Not Now an
OHense Against United states,
but should He Made So
by Congress,


WASHINGTON. April 9-Iu one Of tho
shortest messages which he has yet
transmitted to congress. President Roose-
welt today called the attention of that body
TO the necessity for further legislation or,
the subject Of anarchy. With the message
he transmitted a report reviewing the legal
phases Of the question by attorney Cen
eral Bonaparte.
The message of the president is as fol-
lows:
ITO the Senate and House OF Representa-
tives:
81 herewith submit letter from the De-
partment OF Justice which explains itself.
Under this opinion l hold that existing
statutes give to the president the power
to prohibit the postmaster general from
being used as an instrument in the COM
mission of crime that Is, to prohibit the
use OF the mails for the advocacy OF muir
der, arson and treason. and shall, act
upon such construction. Unquestionably,
however, there should be further iegisla-
ton by congress in this matter,
when compared with the suppression
OF anarchy, every other question sinks into
inslgnificance. The anarchist Is the enemy
of humanity, the enemy of all mankind.
and his is a deeper degree of criminality
than any other. No immigrant Is allowed
to come to our shores IL he is an anar-
ohlst, and no paper published here or
abroad should be permitted circulation in
this country If 1t propagates anarchistic
opinions.
THEODORE ROOSEVELT.
THE White House. April 3, i9os''
One Anarchist Paper.
Besides his direction to the postmaster
general to exclude from the malls such
publications as La QUESTION: sociale, Pres
ident Roosevelt in his letter TO Attorney
General Bonaparte, 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 general.
which the president transmits to congress.
embraces siscussiosa- Of the whole subject
from many legal angles. Hts first con-
clusion is that the article in question,
which advocates the use of arms and dyna-
mite in annihilating police and soldiers
that anarchy may prevail, constitutes a
"seditious libel'' and is Undoubtedly q
crime at common law" He declares that
there is no federal statute which makes
such publications an offense against tie
United States and the federal courts cC.i-
sequently have no Jurisdiction in the mat
ter. That there is full power in the pos.
session of congress to make such publca-
ton criminal the attorney general asserts,
and quotes Chief Justice Fuller OF the SUI
preme court, and Mr.. Justice Field as
authority.
The greater portion of his opinion *
devoted TO the question of whether IN
the absence of any legislation by congress
the postmaster general has the right TO ex-
clude such publications,
Exclusion from Mails.
On this point his conclusion is:
THE postmaster general will be justified
in excluding from tho mails any issue OF
any periodical, otherwise entitled 20 the
privileges of second class mail matter,
which shall contain any article constituting
a seditious libel and counselng such crimes
as murder, arson, riot and treason"
In arriving at the latter conclusion, the
attorney general makes a clear distinction
with reference to the authority OF the
postal officials over sealed and unsealed
mail matter In conveying letters ana
newspapers to persons to whom they are
directed, he says, the United States 'un-
dertakes the business OF messenger" lie
adds
I'm so far as II conveys sealed docu-
ments. its agents not only are not bound
to know but are expressly forbidden To
ascertain what the purport Of such mes
sages may be- therefore, neither the gov
ernment nor its officers can be held either
legally or morally responsible for the ma
ture OF the letters to which they thus, in
Intentional ignorance afford transporta.
tion. 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 it is transported, the officers OF
/ the Postoffice department have the legal
right to thoroughly inspect, 1t seems OBJ
yious, that neither Of these officers. nor
the government which employs them, can
escape responsibility for the consequences
II they knowingly transmit matter which
comes. and which they must know might
reasonably be expected TO become cause
| OF crime
| Bull LGARlANS SEEKING RELIEF