The Cordova daily times., 1921-02-10
THURSDAY, FEBRUARY 19, 1921
THE BERGER CASE

Next to that of Eugene V. Debs, the case of Victor Berger, publisher of the Milwaukee Leader, a Social ist paper, attracted more attention than any other brought by the gov ernment under wartime espionage act. The supreme court has just sus- tafned Bergers appeal from the judg- ment of Judge Landis' court in Chi cago, on the ground that the judge should not have tried the case after it had been contended by the de- fense that he was prejudiced. Berger was accused of disloyalty and was convicted at Chicago on January &, 1919. Subsequently he was twice denied a seat in the house of repre- sentatives by that body and the third time he offered himself for re-elec- tiOn 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 Socialist party, William F. Kruse, editor of the Young Socialist; Irwin St. John Tucker, writer and speaker, and Julius Engdahl, editor of the American Socialist. Sentences rang ing from ten to twenty years were imposed by Federal Judge Kenesaw Mountain Landis.
 The five defendants were charged specifically with having conspired to obstruct recruiting and interfere with the successful prosecution of the war against Germany through the deliv. cry of speeches and the circulation of articles intended to cause "in- subordination, disloyalty and refusal of duty" among the naval and mill tary forces of the United States. Nu- merous articles written by Berger for the Leader were presented as evidence against him.
 A movement to bar Berger from the seat in congress, to which he had just been elected from Milwaukee district, was at once started, Repre- sentative Mann, former Republican leader, being one of the few influ- ential members of the house who came out in behalf of the Socialist editor. A new election having been ordered, Berger was again returned and again the house voted to bar him. BPS to 6, within an hour after he had presented himself to be sworn in
 The Milwaukee Leader in the meantime was sharing the troubles of It's editor. Barred from the mails under an order of Postmaster Burle. son, the paper sought a mandamus in the federal courts to have it's privileges restored. The writ was re. fused and the case was carried by successive stages to the supreme court. During the course of the liti- gation Berger offered to change the entire policy of his paper If the post office department would withdraw it's order, explaining that he owed this sacrifice to those who had invested their money in the publication at his behest.
 The appeal of Berger and his fel- low party members came to the su- preme court on certificate" which was issued when they alleged that they had not been given a fair trial because of personal bias and preju- dice" on the part of Judge L. Landis Alleged remarks made by Judge Lan- dis on the occasion of passing sen. tence in a somewhat similar case were quoted as showing that he viewed with disfavor all persons of German or Austrian birth. Judge Landis denied the accuracy of the quotations and declared that what he had said had been directed to the in dividual with whom he was then deal ing.
 Attorneys for Berger in arguing the appeal contented that the govern ment's construction of the espionage act was a violation of the constitu- tional right of free speech and that the act was not effective in itself at the time of conviction because the war had ended before that time.