Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-02-01

archist In tho country will re3oice.,
Telegrams Of congratulaaon win pour
in upon ::sCoMrade" Berger from an
over the country. congratulating him
upon his victory" and his '.vindica-5
ton
Berger spoke and wrote against the
war and he did what he could to dis
courage enlistments in the American
service after the United States had
become a participant in the
That fact is not denied. nor has Ber-
ger al any time expressed regret for
his attitude or indicated any aban-
donment Of it.
He was placed on trial in the regu-
lar way. His attorneys filed an affi-
davit Of prejudice against Judge K.
NJ. lands, before whom the case was
brought. Judge lands nevertheless
assumed charge of the case, ruling
that under tho circumstances he was
not disqualified. The trial proceed
ed. Berger awaited himself of every
opportunity hat the law affords to
delay action and to present his case
before the jury in the most favorable
possible light. The jury of twelve men,
and not Judge Lands. convicted him
after hearing all the evidence that he
could produce. The case has passed
from court to court until the highest
court in the land was reached. That
court, by "a majority vote, has decid-
ed, not that any of the charges made
against Berger were false, not that he
was not given a fair hearing, not that
the verdict was not in accord with
the evidence, but that the judge
against whom the affidavit was filed
could not legally preside. and that he
ought to have called in another judge.
The facts are not changed in any
degree by this decision. Berger was
guilty before he was tried. The jury
simply decided in accordance with
the facts. Berger is a. guilty now as
before the supreme court rendered it's
decision, and he will continue to be
guilty. nc matter what disposition
may finally be made of the case.
The effect Of the decision will be
to restore the case to its original stat
US as before the trial, liter the neces-
sary formalities have been complied
with. Another effect will be to add
another to the long chain Of facts
which prove the a a liar who says
that the government and the laws Of
this country are designed and oper-
ated for the benefit Of particular.
classes and for the oppression of other
classes. Berger is a Socialist a prom
inent member Of the Socialist party
organization. He and his fellows
have preached that the government
of tbs country is for the aggrandize-
ment Of the rich and the oppression
of the poor. They have changed
specifically times without number
that a member of their organization
could not get a fair hearing in the
courts of the United States. And yet
Berger one of the chief spokesman of
this organization, with lying charges
of this kind on his lips, and with the
verdict of twelve impartial men con-
demning him of treason to the country
which has fed and>nourished him, has
had and used every legal device which
could have been used by any other
man, no matter what his wealth and
station, and all the proceedings thus
far taken against him are quashed
by the very supreme court which has
been charged by these fellows with
being in the employ of corrupt COM
mercial interests.
But demonstrations in a case like
this are about useless Your profess
sional Socialist has his mind closed
to facts. He will neither see nor
listen. Tomorrow the courts of the
country will be a~ttacked-as vigorous
ly as ever.