Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-02-01
LANDS ERRED,
(continhed from paua ooel

ing the majority opinion OF the court,
announcement came from the White
House that President Wilson had
over ruled a decision Of the depart
ment of Justice that the sentence of
Eugene ". Debs, previously affirmed
by the Supreme court be committed
to expire next February IL. Dehs,
many times candidate Of the Social
list party for president, is serving ten
years In the Federal prison at Allan
Ia, Ga, AZ result of his conviction
at Cleveland on practically the same
charges a. were Berger and his CO.
defendantsS
Those oo-defendants are Adolph
Germc-, national secretary Of the So
ctalist party. q native Of Prussia;
William Kruse, editor Of the Young
Socialist Magazine. whose parents
were Germans; J. Louis Engdahl, and
Irwin st. John Tucker, writer's and
lecturers. natives of the. United
States. and claiming to be not of inn
mediate German descent.
The sole question before the SUI
preme court was whether Judge Lam
dis had erred in continuing to sit in
the case after counsel for the defense
had filed a properly drawn affidavit
Of prejudice. Six members of the
court. including Chief Justice White,
held that he did. Three others mem
hers, Justices Day, Pitney and Nc
Reynolds, held that he did not. and
filed opinions sharply dissenting.
Justice McKenna, departing from
his written opinion, said it should be
OF on importance to a judge whether
he sat in any particular case. He
added that the section Of the judicial
code under which the affidavit was
aled was drawn to assure that the
court not only would be impartial but
would be free from even q suspicion
and partially.
I'VE are Of the opinion therefore,"
he continued, that an affidavit upon
information and belief, satisfies the
section, and that upon it's filing, If it
shows the Objectionable inclination or
disposition of the. judge, it is his duty
to proceed no further in the case.
1.-THE facts and reasons, the affida-
Wit states, are not frivolous or fanci-
full, but substantial and formidable
and they haverelations at the attitude
Of Judge Lands mind toward the de-
PENDANTS"
The aff1davit by Berger and the 9TH
er defendants set forth as alleged as
proof of Judge Landis' personal bias
and prejudice" remarks the jurist
made in passing sentence on August
Weissenel, American, Nov.
Y,vl Aic oil
have said then In substance:
zone must have avery judicial mind
indeed, not to be prejudiced against
the German Americans in this coun-
try. Their hearts are reeking with
disloyalty. This defendant is the kin
of man that spreads that kind of pro-
paganda and it has been spread until
it has affected practically all the
Germns In this country"
Justice McReynolds in his dissent
ing opinion said that "a public officer
who entertains no aversion towards
disloyal immigrants simply was unfit
for his place"
and" he added, while an over
speaking Judge Is no well-tuned Gym
bal neither is an afnorphous dummy
unspotted by human emotions be-
coming receptacle for judicial power"
Justice Day. in dissenting for him
self and Mr.. Pitney, regretted the de-
cision of the court, saying it would
have the certain result of impending
the operation of federal courts. It
would make the presiding justices IL
able to attack, he added, by any de-
fendant on the ground of alleged pre-
JUDGE simply as a means for obtain
ing delay.