The San Francisco call., 1908-04-10
Would EXCLUDE
ANARCHIST PRESS
President Calls the Attention of
Congress TO Need of
Further Legislation
Says Newspapers PrOpagating
Anarchy Should Be Ex-
cIuded From Mails

WASHINGTON, April 9AIn one OF
the shortest messages which he has
yet transmitted to congress, President
Roosevelt today called the attention
of that body to the necessity for fur
ther legislation on the subject of an
archy. With the message he transmit
ted report reviewing the legal phases
OF the questionNby Attorney General
Bonaparte. The message OF the presl-
dent is as follows:
70 the senate and house Of representatives:
herewith submit a letter from the department
OF justice which explains itself. Under this
opinion I hold that existing statutes give the
PRESIDENT power 10 prohibit the postmaster gen.
eral from being used instrument In the
commission Of crime, that is 10 prohibit the use
OF the mails for the advocacy Of murder, arson
aud treason, and l shall act upon such con-
struction. Unquestionably however there should
be further legislation by congress in this matter.
When compared with the suppression of anarchy
every other question sinks into insigniheanee.
enemy Of all mankind and his IS a deeper de-
gree OF criuiuality than any other. No immi-
grant is allowed to come to our shores if he is
an aletcAlsts ana no paper pub1shed mere OF
abroad should be permitted circulation in this
country If ii propagaJes anarchistic opinions
THEODORE ROOSEVELT.
The White House. April 3, 1905.
OBJECTIONABLE PUBLICATIONS.
Besides his direction to the postmas-
ter general to exclude from the mails
such publications as La QUESTION: So
ciale. President Roosevelt in his letter
10 Attorney General Bonaparte, asking
for an opinion on the legal phases OF
the subject. says he has had the par
ticulsr case called to the attention of
the governor of New Jersey by Secre-
tary Root that the governor may pro-
ceed under the state laws.
The opinion of the attorney general.
which the president transmits to con-
gress, embraces a discussion of the
whole subject from many legal angles.
His first conclusion Is that the article
ia question. which advocates the use
of arms and dynamite in annihilating
police and soldiers that anarchy may
prevail constitutes ''seditious liber'
and is undoubtedly a crime at common
law"
He says that there is no federal
statute which makes such publications
an offense against the United States
and that the federal courts consequent
ly have no jurisdiction in the matter.
That there is full power in the pos
session OF congress to make such pub
lication criminal, the attorney general
asserts, and quotes Chief Justice Fuller
of the supreme court and Justice Field
as authority.
EXCLUSION Is JUSTIFIED
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 publications.
On this point his conclusion is correct.
The postmaster general viii be justified
in excluding from the mails any issue
OF any periodical otherwise entitled to
the privileges Of second class mail mat
ter. which shall contain any article
constituting q seditious libel and coun-
riot and treason.
In arriving at the latter conclusion
the attorney general makes clear
distinction with reference to the au-
thority Of postal officers over sealed
and unsealed mail. In conveying let
ters and newspapers to persons to
whom they are directed, he says the
United States undertakes the business
Of a messenger. He adds:
In so far as it conveys sealed documents, its
agents not only are bound not TO know. but are
expressly forbidden 10 ascertain what the pur-
port Of such messages may be; therefore,
neither the government nor its officers be
the nature Of the letters to which they thus IN
intentional ignorance afford transportation. But
in the case Of printed matter intended for gen
ersl circulation, which by virtue Of the statutes
above mentioned, and IN consideration of reduced
rates at which it is transported the officers OF
the postofhce department have the legal right
70 thoroughly inspect, it seems obvious that
neither these officers nor the government which
employs them can escape responsibility for the
consequence IL they knowingly transport matter
be reasonably expected to become cause Of
crime