Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1908-04-17
PROHIBIT USE OF
MAILS TO ANARCHY
Roosevelt in Special Message
Asks Congress to Pass
Statute to That Effect.

Washington. April president
Roosevelt today sent the following
message to congress:
/ herewith submit a letter from the de-
partment Of justice which explains itself.
Under this opinion, j hold the existing
statute give the president the power to
prohibit the postmaster general from be-
ing used as an instrument In the commits
sion of crime; that is, 10 prohibit the use
of mails for the advocacy of murder. ar
son and treason. j shall act upon such a
construction.
Unquest.onably. however, there should
be further legislation by congress in this
matter. When compared with the sup
preston of anarchy. every other question
sinks into insignificance. An anarchist is
an enemy of humanity, an enemy or all
mankind and his is a deeper degree OF
c~riminal!ty thar any other. No immi-
grant is allowed to come to our shores II
he is an anarchist: no paper published
here or abroad should be permitted cir
culation in this country, IL II propagates
Theodore Roosevelt.
Besides his direction to the postmas-
ter general to exclude from the mails
such publications as La QUESTION:
Sociale." President Roosevelt in his let
ter 10 Attorney General Bonaparte, ask
ing for an opinion on the legal phase
of the subject says he has had the par
ticular case called to the attention of
the governor of New Jersey by Secre-
tary Root that the governor may pro-
coed under the state laws.
B~onaparte's Opinion.
With the message he transmitted a
report reviewing the legal phases of the
question by Attorney Genera Bona
parte. The opinion embraces a dis
cussion of the whole subject from many
legal angles. Mr.. Bonaparte's first con
clusion is that the article in question,
which advocates the use of arms and
dynamite in annihilating the police and
soldiers, that anarchy may prevail,
constitutes "a seditiouS libel' and is
undoubtedly a crime at common law"
He declares there is no federal statute
which makes such publications an of
Tense against the United States, that
the federal courts consequently have nc
jurisdiction in the matter. That there
IS full power in the possession of cor
gress TO make such publications Grim
inal, the attorney general asserts. and
quotes Chief Justice Fuller and Justice
Field as authority.
This 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
tilted 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 holds all printed
matter intended for general circulation
and transmitted through the mails at
reduced rates is legally subject to in
speCtion by postoffice officials.