Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1921-02-03

Washington, Jan. 31.-gonviction
Of Victor l.. Berger, and fur other
members OF the socialist party for
violation Of the espionage: act was
reversed today by the supreme court
on the ground that Judge Landis
should not have heard the suit al
ter his eligibility had been attacked.
Those convicted with Berger in
the federal court at Chicago were
Adolph Germer, national secretary
of the party: VIM F. Kruz. editor
of the Young Socialist Magazine; j.
Louis Engdahl, and Erwin st. John
Tucker.
Berger and the other four men
were convicted under the; section
prohibiting attempts to cause insMb-
ordination and disloyalty. in the ma
val and military forces and Sen
tences ranging 10 to 20 years i'm
prisonment were imposed.
The court divided six to three.
The appeal was brot to the SUI
preme court on the ground that
Judge Kenesaw Mountain Lands,
who presided at the trial, had shown
personal bias and prejudice" a.
gainst the defendants because of
their nationality. ~
Next to that of Eugene v. Debs.
the case of Victor Berger, publish
er of the Milwaukee Leader; 4 SO.
clalist paper, attracted more atten-
tlon than any other brought by the
government under wartime espion-
1e
loyalty and was convicted at Chica-
go OH January s. 1919. subsequently
he was twice denied a 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 Social
ist Party were convicted with the
Milwaukee publisher. They were
Adolph Germer, secretary of the Ma
tlonal Socialist Party, William F.
kruz, editor of the Young Socialist.
Irwin St. John Tucker. writer and
speaker, and J. Louis ErSdahl, edi-
tor of The American Socialist. Sen
tences ranging from ten to twenty
Years were imposed by fedsr;., Judge
kenesaw Mountain Lands.
THe five defendants wer,, charged
Specifically with having ccu.pirc j
u obstr"ct recruiting and Interfere
"th TIC successful prose ,ut:or Of
tne war a"ainst Germany through the
:sl!te''' % speeches and tho circ,;-
!Htirn of articles intended to cans,
'Asahor'tination," disloyai,y ar.. re-
~: OF duty among the naval una
ichii,;.;v ftrces Of the UE::.l States.
: ''mt :o0s articles written o. Ter
ger H." the Leader were prosep. od
as evidence against him.
]" in1'- ment to bar Berger fron,
're scar il. Congress-, to which hs
i'a5 Just leen elected from a Mi,wan.
hee district. was at once started
representative Mann, former Re-,
leader, being one of the few
influential members of the House
mno came out in behalf of the Social
ISL Editor. A new election having
Deen ordered, Berger was again re.
turned and again the House voted
- par him. 328 to 6, within hour
aIter ne had presented himself to he
MeWspaper Barred From Mails
The Milwaukee Leader In tho
: lneantlme was sharing the troubles
u its editor. Barred from the mails
under the order Of Postmaster Bmr.
Ieson, the paper sought a mandam-
! us IN the federal courts to haye ita
privileges restored. The writ was
g. Ieiused and the case was carried ~
stages to the Supreme
gourt. During the course of the III.
u .gatlon Berger offered to change the
nll entlre policy Of his paper il tie tie
!. doss ullice DEPARTMENT would with
araw a,.a its !. Z order, explaining that -
Iwea 4 this sacrifice to those who had al
in,e J! !, their t money in the publIca-
J. ne appeal ot Berger ana hit ri.
~. party mem beTs camsatos the 81 s,,-
5 PIe9l Court on & escertff it.fa,,1