Show COURT DECIDES IN FAVOR OF BERGER S SOCIA SOCIALIST ST EDITOR AND ASSOCIATES ASSOCIATES ASSOCIATES' ATES ATES' ATES IN ESPIONAGE CHA CHARGES S TO TO BE GIVEN GIVEN NEW TRIALS S I Bench Divided in Decision Decision on Radical Cases Cases Majority Deciding Judge L LandIs' LandIs Was Ineligible to S C Conduct duct Trial sh I ton Victor L. L Jerger Socialist So So- editor of Milwaukee and four defendants co-defendants who were to terms tennis ranging fro ten t to twenty years PaI for 01 violation of the thc espionage net act will he be given rit new new trials under tinder a decision loll on January h. h by the supreme court 1 i a DI Dividing six to three O. O the court held that Judge Judge- Jud LundN of Chicago was IneligIble Ineligible Ineligible In In- eligible conduct t the trial traI find and should have hu retired on the filing of an un affidavit affi davit il b by the time defendants charging him him with personal bias hla and prejudice bt because of the nativity of f certain of ot them thorn S Berger Herger Iud and h hiis s co defendants are arc Adolph h Germer ha national secretary of the Socialist parly a native nathe of Prussia slit sia William Kruss Krus editor of or the Young Socialist magazine who whose e parents parents par par- were Gt Germans T J. J Louis Joul Engdahl S Sand and Ir Irvin Irh h St St. John Tucker Tuckel writers und and lecturers natives natives' of or the United States and claiming to be bc not of Immediate Immediate Immediate Im Im- S mediate German descent Time The SOlO sole question before the su supreme u. u S preme court was whether Judge Landis Landis Landis Lan- Lan S dis hut erred In continuing to sit In Inthe Inthe Inthe the ca case e after atter defense counsel had filed flIed fileda filedS a properly drawn affidavit lt of S dice thice Six members of the court court Including S S ing Chief Justice White held that he i d did d. d Three other oilier members Justices Day Pitney and und held he did not and amid filed flIed opinions dissenting from froni that of the majority Next to that of ot Eugene V V. Debs the case of Victor ller Berger er publisher of the Milwaukee l Leader a a. Socialist paper attracted attention than titan any an otiler brought by uy the government nt under the wartime espionage act A n movement o to bar har Berger from the i seat scat In congress to which he had Just been elected eJected from a Milwaukee Hh cBs dis S was at once started Representative taUve Mann former R It Republican publican leader lender being one of the few Influential members members members mem mem- the who came In behalf behalf behalf be be- bers of house came out half of the Socialist editor A A. new neu election having been een ordered Berger forge was again returned and again the t hotL house e voted to bar him 3 to 0 C within an hour aft after r he lie had presented I himself self to be sworn In |