Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1908-04-15
!" Crush ANARCHY, :
CHIEFS message
ROOSEVELT ASKS CONGRESS TO
LEGISLATE AGAINST REDS
DOCTRINE,

ROOSEVELT ASKS CONGRESS TO
LEGIsLATE AGAINST REDS
DOCTRINE.
SHORT DOCUMENT
SEEKS NEW LAWS
Declares the Class ls an Enemy Of
All Mankind-Degree Of Criminal
ity Deeper Than Any Other, He
Says-6onaparte's Opinion Quoted.
Washington, Apr. 10.-In one of the
shortest messages which he has yet
transmitted to congress, President
Roosevelt Thursday called the atten-
ton of that body to the necessity for
further legislation on the subject of
anarchy. With the message he trans.
mitted report reviewing the legal
phases of the question by Attorney
General Bonaparte.
The message of the president is as
follows:
ITO the Senate and House of Rep
resentatives: l herewith submit a
letter from the department of justice,
which explains itself. Under this
opinion, hold that existing statutes
give the president the power to pro-
hibit the postmaster general from
being used as an instrument in the
commission of crime; that is, to pro-
hibit the use of the mails for the ad-
vocacy of murder, arson and treason.
Will Act Upon Construction.
II shall act upon such construction.
Unquestionably, however, there should
be further legislation by congress in
this matter. When compared with
the suppression of anarchy, every
other question sinks into insignif1-
canoe. The anarchist is the enemy of
humanity. the enemy of all mankind,
and his is deeper degree of Grim.
inality than any other No immigrant
Is allowed to come to our shores if he
Is an anarchist; and no paper pub.
lished here or abroad should be per-
mitted circulation in this country, If
It propagates anarchistic opinions.
THEODORE ROOSEVELT"
May Proceed Under State Laws.
Besides his direction to the post
master general to exclude from the
mails such publications as LA Ques-
tone 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 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 ar.
ticle in question, which advocates the
use of arms and dynamite in ami
hilating police and soldiers that an
archy may prevail, constitutes "se-
ditious libel" and is Undoubtedly
crime at common law"
No Federal Statute to Govern.
He declares that there is no federal
statute which makes such publications
an offense against the United States,
and that the federal courts conse-
quently have no jurisdiction in the
matter. That there is full power in
the possession of congress to make
much publications criminal, the attor-
ney general asserts, and quotes Chief
Justice Fuller of the supreme court,
and Mr.. Justice Field, as an au-
thority.
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: 1.-THE
postmaster general will be justified
in excluding from the mails any issue
Of any periodical, otherwise entitled to
the privileges of second-class mail
matter, which shall contain any article
constituting a seditious libel and
counseling such crimes as murder, ar
son, riot and treason
Points Out Source of Crime.
In arriving at the latter conclusion,
the attorney general makes clear dis
tfnction with reference to the author
ity of postal officials over sealed and
unsealed mail matter. In conveying
letters and newspapers to persons to
whom they are directed, he says, the
United States undertakes the bust.
ness OF messenger. He adds: I'm
so far as it conveys sealed documents,
it's agents not only are not bound to
know, but are expressly forbidden to
ascertain what the purport of such
messages may be; therefore, neither
the government nor it's officers can be
held legally or morally responsible
for the nature of the letters to which
they thus, in Intentional ignorance, af-
ford transportation. 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 post Office department have the
legal right to thoroughly inspect, it
seems obvious that neither these off,
GERS nor the government which en-
ploys them can escape responsibility