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Show VICTOR BERGER 1 WINS OUT IN SUPREMECOURT Conviction of Socialist Editor in Judge Landis' Court Is Reversed CHICAGO JURIST IN ERROR, OPINION HOLDS Case of Ousted Congressman Second to That of Debs in Interest WASHINGTON. Jnn. 31 Conviction Convic-tion of Vic tor J, Berger and four nth- erSj members of the Socialist party, for violation of the espionage act. was reversed today by the supreme court j on the ground that Judge Eanclls. should not have heard the suit after l.K eligibility had been attr.eked. The effort of the court's decision is" to remand the cases to tho appclat3, division which will issue orders for al reversal and a now trial before some j other federal Judge. , Those convicted with Berger In the; federal court at Chicago were Adolph Gartner, national secretary of the par-, Ly,. William F. Kruse, editor of tho Young Socialists magazine, J. Louis' lOngduhl and lrwln J. St. John-Tucker., PKK.M DK E BARGED. Bergep and the other four men were convicted under the section prohibiting prohibit-ing attempts to cause Insubordination and disloyaltv in the naval and mill-' tary forces, and sentences from ono' to twenty year.s were Imposed. j Tho appeal was brought to the su-prome su-prome court on the ground that Judge Kenefuvv Mountain ixmclls, who pre-I pre-I sided at the trial, had shown 'per-sonnl 'per-sonnl Idas nnd pf ejudlce,,-'iigirist 'the defendants because of the'r naton-lallty. naton-lallty. I The court divided C to 3, Justice iuv. Pitney and McReynolds dissent-4 jing. Mr. Reynolds added to the dissenting dissent-ing opinion a strong approbation of Judge Landis' sentiments as merely 'showing his detestation of the f Hun-Inlsh Hun-Inlsh warfare which was being backed ly compatriots In America." under our too Indulgent laws. The majority opinion held that the affidavit Of prejudice filed by Borgor against Judge Iandls was sufficient to have caused his withdrawal from the ease and that Judge Landis himself him-self was not Justified in passing upon the affidavit. I Justice lay who filed a dissenting opinion, held, however, that the mere filing of an affidavit should not be accepted ac-cepted as sufficient evidence of die unfairness of the Judge The Berger affidavit should not be taken at "face value," he said, because 'the facts," t hi n ln had been made solely on "information "in-formation and belief" and no attempt was mado to suisianiiato tnem-ITTRAt tnem-ITTRAt ITS ATTENTION. Next to that of Eugen V. Debs, tho case of ictor Berger, publisher of tho Milwaukee Leader, a Socialist paper, attracted more attention than any oth-ed oth-ed brought by the government under wartime espiotiage act. Berger was accused of disloyalty and was convicted convict-ed at Chicago on January 8, 1919. Subsequently Sub-sequently ho was twice denied a seat in the house of representatives by that body and the third time he offered for ie-(-i ( tion he was defeated. Four other leaders of the Socialist party were convicted with the Milwaukee Milwau-kee publisher. They were Adolph ; Germer, secretary of the National Socialist So-cialist party. W llliam F. Kruso, editor Of tho Young Socialist, Irwin St. John Tucker, writer and speaker, and J. Louis Lngdahl, editor of the American Ameri-can Socialist, Sentences ranging from ten to twenty years were Imposed by Federal Judge Kenesaw Mountain Landis CHARGES MANY, The five defendants were charged specifically with having conspired to obstruct recruiting and Interfere with ' the delivery of speeches and tho clrcu-latin clrcu-latin of articles intended Co cause "Insubordination, "In-subordination, disloyalty and refusal of duty" among naval and military forces of the United States. Numerous articles written by Bergor for the i Leader were presented as evidence i against him. Bl RG1 K I K I B kRRED. A movement to bar Berger from the 1 seat In congress to which ho had Judl I been elected from a Milwaukee district, was at once started, Representative f Mann, former Republican leader being i ono of the few influential members of the house wbi) came out in bclialt ot I the Socialist editor. A new election having been ordered. Berger was iiRam return, d and again the house voted 10 bar him, 3;'S t t. within an hour after he had presented himself to be sworn ,1m I tPER IN mi l ICULTIES i The Milwaukee leader in the mean! 1 time was sharing the troubles of lis dltor, Barred from the malls under an order of Postmaster Burleson, the paper sought a mandamus in tin federal fed-eral courts to h ive its privileges restored. restor-ed. The writ was refused and tho COSC I was carried by successive stages to the Supreme court. Udring the course of the litigation. Berger of fci ed to change tho entire polio;, of his paper If the postofflce department would withdraw its order, explaining tht he owed this sacrifice to those who had invested their money in the- publication al his I nehest. |