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Show BERGER CASE IN SUPREME COURT Bfl Our supreme court Is in controversy over Judge Land.- as to whether the B Judge was fit to sit in ih. famoUf Ber ger case. In a decision on Ifondsy, ih court declared Vt lor L Berger of Milwaukee, Socialist editor, entitled to r. new trial on the ground thai Lan dis should not have acted in th rase after an affidavit of prejudice had been liled. The majority of the court liMd that Landls, in his public utterance?, hr.d disclosed pronounced dislike for Ger man-Americans, and. as the men be-fore be-fore him were German-Americans, he was not in a judicial frame Of mindtto pa-s judgment on them fl n one occasion Landis had said. "Une must haw a er judicial mind, indeed, not to bs prejudice! against the German Americans in thi country Their hearts are reeking with disloalty. This defendant is the kind Bfl of man that spreads this kind of pro HB paganda, and It had spread until 1 HB lias affected all the Germans in this country." Justice McRcynolds. in his dissent-ing dissent-ing opinion, said that "a public officer who entertained no aversion toward -HB disloyal German Immigrants was sini pQ unlit tor his place." "And," he added, "while an oer-speaking oer-speaking judge is no well-timed cym ha,' neither is an amorphous dummy HB unspotted by human emotions a be- HB coming receptarlc for Judicial power. HB The indicated prejudice was to HB ward certain nialevolenr men from HB Germany, a country then engaged In HB Ilunuish warfare, and notoriously en HB couraged by many of its natives who. HB unhappll, had obtained citizenship' IH here. An intense dislike lor a class does not reader a Judge incapable of administering complete Justice to one of its members I Confessing that the was unable to follow the reasoning of the opinion approved by the majority, Mr McRey ' nolds said it deemed to mean that "If I an admitted anarchist charged with I murder, should affirm an existing prejudice prej-udice against himself, and specify tht j'ldge had made certain deprecatory lemarks concerning all anarchists." ' ! 'he judge in question would have to! retire from the case This Is strong language from the su preme court. Our opinion Is that I . tice McReynolds is in part right, and yet is wrong. His illustration as to' an anarchist is not a good one. It is ' one thing to be prejudiced against crime, and quite another to hold a ra- BHJ del hatred. Yet. at the same time, in 'his particular case it is generally conceded Judge Landls, by his strong altitude, did much to squelch the dis loyal at a period when theic was great uncertainty as lo how wide SDTesd was the conspiracy within this country to weaken the forccB ol the ' United States In the struggle against . autocracy, Had there been spineles3 Judges to decide ihe lasu,es involving lai- question Of loyalty, there might have swept OTSt tMl nun try a reign Of terror in which the dynamiter and murderer would have played an impor tant part. As to the abstract Justice of the 'caae. the supreme court is right In in lilting that a show of prejudice on the part of a Judge is sufficient cause tn Bill ihe jurist in the hearing of case. This may at time delay the law, but It is a safeguard of the rights of those accused and should be oh erred. |