[332] 60th Cong., 1st Sess., Senate Doc. No. 426. The paper in question was undoubtedly anarchistic in its tendencies and certain of its sentiments were seditious libels. One editorial, for instance, contained the following:
“Dynamite will help us to win. Two or three of us can deny a regiment of soldiers without fear.... Show no sympathy for any soldiers, even if they be sons of the people. As soon as we get hold of the police station, it is our victory. The thing is to kill the entire force.... We must get into the armory, and in case we cannot, then we will blow it down with dynamite.... We must set fire to three or four buildings in different locations ... and then start a fire in the center of the city.”
[333] 34 Stat. L. 908.
[334] Rev. Stat. Secs. 3890, 5471. But is this illustration on all fours with the question of illegally excluding La Questione Sociale? Mr. Bonaparte mentions the fact that while the article “constitutes a seditious libel and its publication, in my opinion, is undoubtedly a crime at common law,” it is not an “offense against the United States in the absence of some federal statute making it one.” U. S. v. Hudson & Goodwin, 7 Cranch 32 (1812).
[335] Act of March 4, 1911; 36 Stat. L. 1339.
[336] In U. S. ex rel. Turner v. Williams, 194 U. S. 279 (1904), the Supreme Court held that the provisions of the immigration act of 1903 (32 Stat L. 1213) for the exclusion and deportation of alien anarchists did not violate any constitutional limitations and that the freedom of the press was not involved. “If the word ‘anarchists’ should be interpreted as including aliens whose anarchistic views are professed as those of political philosophers innocent of evil intent, ... in the light of previous decisions, the act, even in this aspect, would not be unconstitutional, as applicable to any alien who is opposed to all organized government.”
[337] 37 Stat. L. 553.
[338] Lewis Publishing Company v. Morgan, 229 U. S. 288 (1913). Brief of Morris and Plante, p. 41.
[339] Lewis Publishing Company v. Morgan, above. Another and more significant phase of this important case is treated in the last chapter of this study.
[340] For an historical consideration of this amendment, see Boyd v. U. S., 116 U. S. 616 (1886). See also May, Constitutional History of England, vol. ii, p. 245 ff.; Cooley’s Blackstone, Book iv, p. 290 ff.; Annals of 1st Congress, vol. i, pp. 434, 754, and Story, Commentaries, vol. iii, p. 748. Discussions of the general scope of the provision are to be found in 2 Willoughby on the Constitution, 828; Cooley, Constitutional Limitations (7th ed.), p. 429, and Bruce, “Arbitrary Searches and Seizures as Applied to Modern Industry.” Green Bag, vol. xviii, p. 273.