Evening star., 1921-02-11
Editorial Digest
Keeping Justice Blindfolded.

threw out the Berger case because
IN affidavit of prejudice had been
fled against Judge Kenesaw Noun
tain Landis who presided, split press
opinion as well as the court itself. The
majority of writer's, it is true, feel
that the step was a triumphant an
swer to the socialist charge of unfair
there are those who complain that an
nulling a judges decision on the
charge of prejudice puts the judiciary
Oh a level with talesmen and weakens
not only the respect for law, but its
power as well.
ing with the Supreme Courts de-
cision, declare that no man can be free
from prejudice. "All we can ask"
says the Chicago Post Gndependent).
lis that it be on the right side. This
being so we hate to see even an i'm
udice, if any. is on the side of his
country and against those giving aid
and comfort to the enemy"
The Flint (Mich) Journal dndepend-
en) adds that so far as can be learned
the only prejudice attributed to Judge
Lands was shared at the time, and is
now shared. by all patriotic Ameri
cans" Expressing the opinion that most
people Will view the decision with
utter amazement," the Tulsa Tribune
(democratic) takes it as "a rebuke of a,
patriot and the Ell Paso Times (deme-
cratic), after quoting Justice Nc
Reynolds dissenting opinion, remarks:
TO carry justice McReynoids rea-
soning d bit further ii might be held
that no patriotic judge could preside
in the trial of a person accused of de-
stroying the institutions of the
fnH fnC tn hA h.,I
expressed these patriotic opinions, as
Judge Lands did"
From the aspect of its legal signifi-
canoe many view the decision with
alarm" 1t will result in legal de-
lay" says the Janesville tWisD
Gazette republican). which, 1t OBJ
serves. lis the foundation cause of
lynchings." 1t is unfortunate" as
serts the Columbus Dispatch Unde-
pendent). for it tends ITO weaken the
procedure"
With this precedent before them,
the Worcester Gazette independently
fears that many criminals will feel
encouraged to attack the fitness of
the judge who happens to preside"
Thus. though "ex parte allegation OF
prejudice" may disqualify a federal
judge under the law, the Lynchburg
News (democrat) makes the state
ment. which is typical of many Of it's
contemporaries. that nevertheless. it
appears to run counter to common
sense" for sit is calculated to inter-
fere with prompt dispatch of criminal
cases. is plainly susceptible of
abuses" and invites obstructive tao
tics"
the Reno Gazette (republican) be-
lieves to subjecting the Judge "to
examination by the defendants attor-
ney as to whether he could. by ac-
quaintance, relationship or outside
familiarity with the facts. be by any
chance predisposed personally against
the man over whose trial he is to pre-
side"
On the other hand there is strong
feeling among many editorial writers
that the supreme Court acted wisely.
1t was: indeed, "a wonderful object
lesson" says the Minneapolis Journal
independent republican,, for it
proved conclusively that the United
States government believes in q
square deal to each and every citi-
independently remarks. "refuted" the
socialist theory that our judicial
system does not safeguard" this prin-
ciple. The platform of the radicals"
the Albany Times-Union Gndepend-
enD declares. built on the contention
ganized against their rights, and that
1t operates for the benefit of private
interests" has been Completely cut
out from beneath their feet" by the
decision. =
Says the New York Times Gnde-
pendent defnocratic): "ft shows the
highest court eager to remedy the
slightest shadow or suspicion of un-
fairness. to protect to the nttermost
rights Of defendants. to take advan-
tage in their favor of. the smallest
cloud of doubt, to give even ID the foes
OF our institutions the fullest measure
OF their privileges and liberties under
the laws and the courts which they
condemn"
But whatever the defendants beliefs,
like any other American citizen" the
Deseret Salt Lake News (independent)
points out. Berger and his associates
are clearly entitled to trial before a
fair and impartial court" and further
the decision. without branding Judge
Lands "as biased and prejudiced,"
simply states that when the defend
ants attested solemnly their belief that
ne was not fair to them. he should
have let some other Judge take his
place" To this the Florida Times
Union (democratic) agrees.
IL IS interesting to note the similar
ity in the comment Of the Non-Parti-
san League Courier-News Of Fargo,
n. D., in reference to the Supreme
Courts action and that of the repub-
lican Sioux City Gowa) Journal; both
consider it a step in the right direc-
that the highest tribunal is moving
ito restore Americanism," and the lat
ter considers 1t "in keeping with
American standards and fair play"
since it practically allows the defend.
ant to select his own judge"