The Ocala evening star., 1921-02-01
HISTORY OF THE BERGER CASE
Associated Pressl

Washington, Feb. Next to that
of Eugene v. Debs, the case of Victor
Berger, publisher of the Milwaukee
Leader, a socialist paper, attracted
more attention than any other brought
by the government under the wartime
espionage act. Berger was accused of
disloyalty and was convicted at Chi
cago on January 8. 1919. Subsequent
ly he was twice denied seat in the
House of Representatives by that
body and the third time he offered for
reelection he was defeated.
Four other leaders of the socialist
party were convicted with the Mil
waukee publisher. They were Adolph
Germer, secretary of the national So
cialist party William F. Kruse, editor
of the Young Socialist; Irwin st. John
Tucker, writer and speaker, and J.
Louis Engdahl, editor of the Ameri-
can Socialist. Sentences ranging from
ten to twenty years were imposed by
Federal Judge Kenesaw Mountain
Lands.
The five defendants were charged
specifically with having conspired to
obstruct recruiting and interfere with
the successful prosecution of the wal
against Germany through the delivery
of speeches and the circulation of ar
Il ,,.Eo Ill - rhny inc
ton, disloyalty and refusal of duty
among the naval and military forces
of the United States. Numerous ar.
ticles written by Berger for the Lead
er were presented as evidence against
him.
A movement to bar Berger from the
seat in Congress, to which he had just
been elected from a Milwaukee dis
trict, was at once started, Representa-
tive Mann, former republican leader
being one of the few influential mem
bers of the House who came out il
behalf of the socialist editor. A new
election having been ordered, Berger
was again returned and again tn,
House voted to bar him, 32S to 6
within an hour after he had presented
himself to be sworn in.
The Milwaukee Leader in the mean
time was sharing the troubles of it
editor. Barred from the mails under al
order of Postmaster Burleson, tn
paper sought a mandamus in the fed
eral courts to have its privileges re
stored. The writ was refused and tn
case was carried by successive stage
to the supreme court. During tn
course of the litigation Berger offere,
to change the entire policy of his pa
per if the postoffice department woul
withdraw its order, explaining that h
owed this sacrifice to those who ha
invested their money in the publica
ton at his behest.
The appeal of Berger and his felloy
party members came to the suprem
court on a certificate" which was is
sued when they alleged that they ha
not been given a fair trial because G
"personal bias and prejudice on tn
, part of Judge Lands. Alleged re
marks made by Judge Lands on th
occasion of passing sentence in
somewhat similar case were quoted g
showing that he viewed with disfavc
all persons of German or Austria
birth. Judge Lands. denied the al
curacy of the quotations and declare
what he had said had been directed
the individual with whom he was the
dealing.
= Attorneys for Berger in arguir
the appeal contended that the govern
,ment's construction of the espionas
act was a violation of the constitI
tlonal right of free speech and tn;
the act was not effective in itself
- the time of conviction because the w
Z had ended before that time