Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1908-04-16
PROHIBIT USE OF
MAILS TO ANARCHY
Roosevelt in Special Message
Asks Congress to Pass
Statute to That Effect.

Washington. April ll.-President
Roosevelt today sent the following
message to congress-:
herewith submit a letter from the de
Under this opinion. 1 hold the existing
statutes give the president the power to
prohlbit the postmaster general from be-
ing used as an instrument in the commits
sion OF crime: hat is. to prohibit, the use
of mails for the advocacy of murder. ar
son and treason. l shall act upon such a
construction.
Unquestionably. however, there should
be further legislation by in this
matter. When compared with the sup
preston Of anarchy. every other question
an enemy Of humanity, ar enemy of all
K and his is a deeper degree Of
criminality than any other. No immi-
grant Is allowed to come to our shores IL
ne Is an anarchist: no paper published
here or abroad should be permitted cir
culatton in this country, If 1t prOpagates
a~narchistic opinions.
Theodore Roosevelt.
Besides his direction to the postmas-
ter general to exclude from the mails
such publications as LA QUESTION:
Soctale." President Roosevelt i'm his let
ter TO Attorney General Bonaparte, ask
ing for an opinion on the legal phase
of the subject says he has had the par
the governor of New Jersey by Secre-
tary Root that the governor may pro-
coed under the state laws.
6onaparte's Opinion.
With the message he transmitted a
report reviewing the legal phases of the
question by Attorney General Bona
parte. The opinion embraces a dis
eusston OF the whole subject from many
legal angles. MIR. Bonaparte's first con-
clusion is that the article in question.
which advocates the use of arms and
dynamite i'm annihilating the police and
soldiers, that anarchy may prevail.
constitutes "a seditious libel" and is
undoubtedly q crime at commo law"
He declares there is no federal statute
which makes such publications an Of
Tense against h United States. that
the federal courts consequently have no
Jurisdiction in the matter. That there
is full power In the possession of con-
gress to make such publications Grim
inal. the attorney general asserts. and
quotes Chief Justice Fuller 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 con-
gress the postmaster general has a
right to exclude such publications. On
this point his conclusion is:
Justified in Exclusion.
THE postmaster general will be JUS
titled in excluding from the mails any
issue of any periodical, otherwise en-
titled to the privileges of second class
mail matter. which shall contain any
article constituting seditious libel and
counseling such crime as murder. ar
son, riot and treason.
In arriving at the latter conclusion
the attorney general makes clear a dis
tinction with reference to the authority
of the postal officials over sealed and
unsealed mail matter. In conveying
letters and newspaper to persons to
whom they are directed. he says. the
United States undertakes the business
of messenger" He old all printed
matter intended for general circulation
and transmitted through the mails at
reduced rates is legally subject to in
spection by postoffice officials.