Evening star., 1920-03-25
COMPARE BERGER
CASE WITH THAT Of
MR.. NEWbERRY
Socialists Getting Ready to
Use Senator's Case for
Ammunition.
BY DAVID LAWRENCE,

| Announcement bS Gov. Sleeper of
Michigan that he would not ask any Of
fceholders to resign who were re-
Gently convicted in the federal courts
for violation Of the election laws has
revived the inquiry here not merely
as to what the state of Michigan
would do. but what the United States
Senate would say about the retention
by Truman H. Newberry of his seat.
The question concerns not alone
| Michigan politics and the reduction
of the republican majority in the
United States Senate to one vote-a
narrow margin on which to do bust
ness-but it affects the oppartuni
ties of the socialists and radicals in
the next campaign Already the So
cfalists are drawing parallel be
tween the expulsion Of Victor Berger
from the House of Representatives
, because he had been convicted in
federal court on a charge of violating
| the espionage act. and the case of
Truman H. New berry, who has been
| convicted and sentenced to two years
in the penitentiary.
Both Have Appealed.
Both Mr.. Berger and Mr.. Newberry
have appealed their respective cases
and each hopes to secure a reversal
even if it is necessary to carry the
fight to the Supreme Court of the
United States. But in the meantime
the House of Representatives not only
| refused to seat Mr.. Berger, but when
he was reelected by the people of
| Wisconsin, who by their votes gave
the impression that they did not be
| lieve him guilty of wrong doing, the
House declined even then to accept
Mr.. Berger into its membership.
All the Soap-box orators are getting
ready to point out that a socialist
| cannot get a square deal from the
| federal government and the New
| berry case is the very ammunition
| they say they have needed to drive
their point home. Berger's friends
| claim his crime consisted merely in
| expressing an opinion-in saying the
| war was not for democracy but for
! commercial gain and rivalry. Some
! of the very criticisms of the war made
| by Mr.. Berger during the heat of the
! conflict were later repeated in sub
! stance by President Wilson himself
on his western trip in behalf of the
league of nations, but of course. the
fighting was over and there was no
sharp scrutiny of words or arguments
| in post-bellum days.
Three Ways to Solve 1t.
There are three ways by which the
case can be solved: Mr. Newberry can
resign of his own volition and spare
his colleagues in the Senate any en-
| barrassment; the Senate can. by ma
jority vote, declare Mr.. Newberry's
seat vacant, and the Governor of Mich-
gan can make a temporary appointment
and call a new election.
The state of Michigan can have a
new election before the Senate acts
and say whther, in view of the federal
courts verdict. the people still want
Mr.. Newberry to represent them in the
Senate. Then the Senate, in the event
that the vote is favorable to Mr.. New
| berry. can vindicate it's own position
and reverse the principle adopted in
the House in the Berger case and per-
nit Mr.. Newberry to remain in the
Senate. while his case is being ap-
pealed.
The junior senator from Michigan
has not yet returned to Washington.
Immediately after his conviction he
said he would consult his colleagues
in the Senate before deciding whether
or not to resign. Truman Newberry
is the kind of a man who would not
| stay in the Senate a second longer
than his colleagues wanted, him to do
| SO. He would not engage in a con-
troversy or fight for his seat. as did
Senator Lorimer of Illinois. If he
stays. it will be because his republican
associates insist upon it. though from
the viewpoint of political control the
vacancy caused by possible resigna-
ton of Mr.. Newberry would be filled
at once by the appointment of another
| republican, as the Governor of Michi-
gan is republican.
Mr.. Newberry Well Liked.
| Personally Truman Newberry is well
liked in the Senate. He made many
| friends here when he was assistant
secretary of the Navy and the general
| impression given by his defenders is
| that he was the victim of overzealous
friends who spent large sums of
| money to defeat Henry Ford and gave
| little concern to a possible check up
! AS a matter of fact, although it is
\ unfortunate that Truman Newberry
| alone should have been ordered pun
| ished for what SO many officeholders
| have gotten away with in past years
without prosecution of any kind, the
effect of the Michigan verdict already
\ has been to put campaign managers
on their guard and to promote
| healthier regard for federal and state
corrupt practices acts and election
laws.
| The upshot of the Newberry case,
however. probably will be the volun-
tary resignation by Mr.. Newberry of
his seat in the Senate.