The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-01-31
BENCH HOLDS
JUDGE IANDlS SHOULD
NEVER Have HEARD CASE
Charge Of Inehgihihty
Bars Chicago Juzigt
Suit Reviewed.

Washington, Jan. 3l-Cea. |
viction Of Victor L. Berger an1
four other Menbegv Of To 3.
cialist party for viOlaEioa q
tAe espionage "a, was reveDo4
today By tAe supreme ceurt - 1
the ground that Judge Lands
should not have heard tAe s11t
after his eligibility had beea'
attacked. =
Those convicted with BexUR
In the federal court It Chieago
were Adolph Gefner, national
secretary Of tho party; WnhAA
+. kruse, editor Of The Young
Socialists Magazine; J.SIsuis
EngdAh1, and Irwin St JeA1
Tucker. /
Berger and the other fesF
: men Convicted under the 10.
tion prohibiting attempts -
cause insubOrdlnatien and dls.
loyalty in the naval and nlll.
tary forces, and sentences
ranging from ten to twenty
years were imposed.
The appeal was brought to The
supreme court ON the ground that
Judge X. NJ. Landis. who presided
at the trial. had shown personal
bias and prejudice" against the de-
PENDANTS because Of their nation
ality.
The court divided six to 0fee
Justices Day, Pitney and McReyn-
olds. dissenting.
Case Reviewed.
The i've defendants were charg'
cd specifically with having conspir
cd to obstruct recruiting and in
terfere with the successful prose
cution Of the war against German!
through the delivery of speeeheI
and the circulation Of articles In
tended to cause characterization,
disloyalty and refusal OF duty
among the naval and military
forces of the United States. M
merous articles written by Berger
for the Leader were presented u
evidence against him.
A movement to bar Berger from
the seat in congress, to which hi
had just been elected from a NIL
waukee district, was at once start
ed. Representative Mann, forms'
Republican leader. being one Of thu
few influential members OF th'
house who came out in behalf o.
the Socialist editor. A new elec
ton having been ordered, Bergel
was again returned and again tn
house voted to bar him, 32S to s
within an hour after he had pre-
sented himself to be sworn In.
The Milwaukee leader in tn
meantime was sharing the troubles
Of its editor. Barred from tn,
mails under an order OF Postmaste
Burleson, the paper sought man
damus in the federal courts to hav
its privileges restored. The wri
was refused and the case was c.T
ried by successive stages to tn
supreme court. During the coufs
of the litigation Berger offered I
change the entire policy Of his pa
per il the postoffice department
would withdraw its order. explain
ing that he owed this sacrifice
those who had invested their mon
ey in the publication at his behes
The appeal Of Berger and b
fellow party members came to tn
supreme court on a "certificatG
which was issued when they allei
ed that they had NOT been give
fair trial because OF person,
bias and prejudice" on the part ,
Judge Landis. Alleged emarl
made by Judge Lands on the o.
casion Of passing sentence in
somewhat similar case were quots
as showing that he view with di
favor all persons OF German ,
Austrian birth. Judge Lands d
MED the accuracy Of the quotation
and declared that what he had sa
had been directed to the individu
with whom he was then dealing.
Attorneys for Berger in arguil
the appeal contended that the go
ernment's construction Of the e
pionage act was violation Of Il
constitutional right Of free spee'
and that the act was NOT e6ecti'
in itself at the time Of convictit
because the war had ended befo
that TINA