Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-01-31
Supreme Court Reverses Ac-
ton On The Grounds That
Judge Landi. Should Not
Have Presided At Trial
After Eligibility Had Been
4 Il Attacked.

AZ washington, Jan. s1.-The convic-
l ton ,of Victor L. Berger, Milwaukee
Socialist publisher. on charges Of vio-
I lating, the wartime espionage act,
was reversed today by the supreme
i court on the ground that Federal
Judge Lands should not have pre-
sided at the trial after his eligibility
v had been attacked In an afhdavit filed
by Berger and charging prejudice.
Within a few minutes after the
gscourt's decision had been announced,
President Wilson refused to commute
Sthe ten year sentence imposed on
Eugene v. Debs. many times Socialist
candidate for president, for a viola
ton OF the same law. ~
VIII The court divided, 6 to 8, in Berg
er's~ case, Justices Day, Pitney and
McReynolds dissenting.
Days Opinion.
The effect Of the majority opinion,
Mr.. Day said, would be- to place the
federal. courts at the mercy y,, OF the
tretard the machinery Of Justice"
~ '"The case seems to me to be
fraught with danger of interference
with the orderly conduct of the busi-
ness Of the courts" he continued.
It should not be of any Importance
to any Judge that he sit in any par
ticularS'c case, the majority opinion
said. and only a false affidavit of
prejudice would remove the protec-
ton the law gives the defendant in
such cases. n
Others Convicted.
Those convicted with Berger in the
federal court at Chicago were Adolph
. Germer. national secretary of the
party; william F. Kruz, editor Of the
Young Socialists Magazine: j. Louis
Engdahl and Irwin st. John. Tucker.
Berger and the other four men
were convicted under the section pro-
hibiting attempts to cause insubordi-
military forces, and sentences ranging
from ten to twenty years were Inn
The appeal was brought to the su-
preme court on the ground that
, Judge X. M. Lansiis who presided al
tho trial. had shown personal bias
and prejudice against the defendants ,!l
M. McReynolds added Is the dis.
sentiug opinion q strong SAnprobatto1
OF Judge Landis' sentiments
merely showing his d6testation of tftt
s'Fiunrish warfare witch was beinl
baekeds by comp patriots. in America
unders.oirr too; indulgent laws.
;...s. r. Nothing .. Retract.
Milwaukee. Wis, Jan. 3L-'Tht
nothing to ,retract from anything
have written or said about the wal
or about those who pushed us, intt
this war" declared Victor l.. Berger
today when advised by the Associated
Press of the decision Of the United
States supreme court In it's reversa
in the case against Berger, who wal
Tel ~ hi ons
on charges Of violating the war-tim,
espionage act.
Landis Silent.
Chicago, Jan. s1.-Federal Judg'
X. M. .Landis when told that the su
preme court had reversed his decision
in convicting Victor L. Berger ant
four other members Of the Socialis
party for violation of the espionag
act, refused to discuss the matter.
II decline to discuss the matter a
ALL" the jurist said, and walked away
Washington, Jan. 31.-The effect o
the courts decision is to reaand tn
cases to the appellate division whicl
will issue orders for reversal and
new trial before some other fedora
judge;
Milwaukee, Wis. Jan. 31.-"1f tn
reports from Washington are correct
they mean that if District Attorne
Clynet desires to proceed again
Berger. he will have to begin all owe
again." said Henry r. Cochems, Ber
gers attorney. "The supreme cour
considered the question of. Judg
Lands eligibility to sit in the cas-
after we had filed an affidavit of pre-
udice. Their decision means that tn
conviction has fallen.''