St. Louis Post-Dispatch
January 31, 1921

Historic newspapers carry the language, views and graphic reporting of their time, including racist content. They are shown to teen and adult profiles.

The text was read from the page scans by machine (OCR), so it has mistakes and its columns may run together. See the pages · About this title · At the Internet Archive

Page 1

E aeought to a focus where E ' procedure would become difficult if cree impossible. : x 2 - Cincinnati and public representative “that they were willing to enter a con- Employes. | | By the Associated Press. > CHICAGO, eet get together.”’ om n ed at once; that the question o! vo 2 Tehet the basic rates for TTT SL TT AREA epee sean — ne a ‘TODAY'S: WANTS SUPPLIED TODAY! Closing hours, 11 a. m., except Help Wan ost, Found and Death édiecs sliaaseee mail hs m. for luter editions. Biggest City Circulation—Best Results, A ~ -LOUIS POST-DISPATC The Only Evening Paper in St. Louis With the Associated Press News Service - oa 72. NO. 152. ST. LOUIS, MONDAY BYSMNG, JANUARY 31, 1921—26 PAGES. SSS PRICE THREE CENTS. CLOUDY, WITH ABOUT DS ASK THAT ENTS BE BROGATED: OFFER STAY WAGE CUT Board THE TEMPERATURES. Se Mi “henss ce lt 1 p. ereveces U4 3 ot ita THE << Cleneae] SQUAD IS MAKING emer SHOTS. 9 2, m. Highest terday, 38, at 1 Dp. th.; lowest, 34. at 11 p. m. Official cast for St. Louis and vicinity: Cloudy and tomorrow; not much change in temperature; | lowest tonight will be about $0. | Missouri: Most cloudy and unsettled to- night and to- morrow ; not to Labor Says Lines Need Immediate Relief and May Be Forced 2 i foto Insolvency Unless a opeting Expenses Are | temperature. Illinois: ly cloudy | night and _ to- .morrow; not much change in tem- perature. JANUARY MILDEST IN 3 SUCCESSIVE “EASY” MIDWINTERS REDUCTION IN THE NEXT 90 DAYS /|~ ‘Owners Want the Question _ of Working Conditions Re- - ‘manded to Negotiation Be- tween Each Carrier and Its Mean Temperature for First 30) Days Was Nearly 40 De- grees—Maximum 65. ; : lary that St. Louis has seen in three | an. s1.—Immediate | successive years. Last fear and the : the national agree | the word “exceptiona!”’ between railroads and em ration f t o year before, sc me "| was used in describing the easy yort q loyes Wa® proposed to th: Railroad here in L Board today by W. W. Atter- “chairman of the Labor Com- of the Association of Railway | itives, and vice president of the sylvania Railroad. of weather that prevailed midwinter. Of the 30 days of this there were 19 days when the offi- cial temperature did not. at any hour of the 24, go below the freez- ing point, 32 degrees 4 SPE eeney of the railroads of |The lowest point reached’ has been , W count miust be assured by a re-|!% degrees. on the 17th, and there iction in operating expenses, Atter-}have been five days on w hich the 4 ore Unless prompt action | *®™perature has gone to 60 or lief to the roads, he said, above, the maximum having been 65 f the lined of the country muy | 2estees on the 21st. The mean tem- d into tr solvency. perature for the first 30 days of the month was 39.9 degrees. Bernat ae be Cement. The mean temperature = for . ‘te on ‘ae o tihy Aut ied » be de- month 4 January, averaged throu be iea hikes *y a'tren eB. “Ep : ad of some +i yeerg: rents degrees. The mean temperature for n, chairman of the board, that Jatwuary, 1919, was 37.8. and for and employes confer on the/1920, 28.4. In the memorable war | _ Atterbury said that “a few|winter of 1918, the mean for Janu- ye might see the entire situation|ary was 18.8. A short spell of low orderly |temperature at the beginning of Januarr, 1920, brought the mean for that year a little below norma!, the rest of the : ‘nth being fairly mild, though not so mild as this January has been. SCHOOLS TO RECEIVE $5000 FROM LIQUOR FINES FOR JANUARY Receipts for Month in Court of Criminal Correction Exceed All Such 1920 Revenue. The Board ef BEdueation, as a re- sult of the ratification and enforce- ment of the Missouri bone dry law, will receive for January, in fines col- lected in the Court of Criminal Cor- recfion, more thah it received all of last year. Clerk Knittel today totaled the fines collected in the two courts this month and found them to be exactly $5000, with the possibility of being increased by cases on the dockets for today. Of this amount $4700 was collect- ed in liquor fines. Of the remaining $300, a 2onuw forfeiture accounted for $180, leaving only $120 fines ac- tually collected outside of. liquor cases. The total fines collected last year were $4897.22. Announcement of ratification of the bone dry law was made Nov. 29, but the first case under it was not tried until Dec. 8, and there were comparatively few cases in Decem- ber, the fines amounting to only $800. The fines collected in January do) not represent all the cases that were begun during the month. A con- siderable number in.- which juries were asked are awaiting trial. All fines collected in the Court of) Criminal Correction go to the Board | of Education. January, the 5 T. Hunt, former Mayor of Se on thé board, told Atterbury that he had assurances from union leaders ference but Atterbury rejoined: “So | far as the railroads are concerned we e Labor Board can prevent this catastrophe, " Atterbury said, “by de- ) that the national agree oon rules and working conditions Ming from the war period are ter- able and economical rules and rxing conditions shall be remand- ‘tO negotiations between each car- Pand its own employes, and that © basis for such negotiations, ® agreen.ents, rules and working conditions in effect each railroad of Dec. $1, 1917, shall be re-estab- ditional upon the abrogation national agreements by the t Board, the roads ask in : ddi- un- labor, fixed at 39 to 48% ‘an hour in the ward of July, ge immediately retracted. The “ty made that inasmuch as rates killed labor in other irdus- ws have been greatly reduced since he Ward became effective, the mner scale of the railroads v orks disadvantage of other c..- and ‘“‘bears with grave in- upon the great body of our fe oe oth ore ne appeal of the railway execu- “concluded with the declara- at, “ix our judgment, unless ) i measures be taken by your * ,ard, a situaiio: 4 develop in ‘vhich orcer- ecédure will become entirely » Statement of Atterbury a eeaton of Agreement. ee. ie Mr. Atterbury’s state- plete, as sent to the news 8 in advance by the railroads: come under a strong sense f to lay before you ah acute Unjess this board takes CROWDS GAPE AT STEEPLEJACK on many of the railways ON FLAGPOLE 16 STORIES IN AIR Inited States may be forced rency. Apparently at perfect ease at the railroads are not now! very top of the $0-foot flag staff on , and with present o ting the 16-story Arcade building at 3 traffic have no p t of] Bighth and Olive Street, N. Pear- even their bare operating! son, professional ‘steeplejack and leaving them without any} painter, daubed and spread paint and unable to meet their/,); aquring the noon hour today while Traffic Policeggn L. Bues- chert struggled with the crowds that stopped to gaze. “ The flagstaff, which is at the top of the Eighth and Olive corner of the building, swayed with a brisk breeze, 2 the Ball at the top upon which Pear- — that the solvency 0: }son was applying paint, appearing at ids must be assured by 4/ 1.05 to swing out over the building es expenses, and/si.6 It was with extreme difficulty radvence pt qntes. that Bueschert kept careless gazers s Cause Waste.” , being run down by street cars | ts. rules|and automobiles. His work was so forced on! strenuous that when the. painter finally descended and the crowd © Se carl Rang mma t he had “Pam 2 8a whee ncy presented can be er by an advance in freight THE SAME TEMPERATURE yes- fore- | | tonight | | much change in. Most- ' to-| Today ends the third mild Janu-- Fahrenheit. ! GIT ACCOUNTANT REFUSED ACCESS MINISTERS FOR é BAN ON SUNDAY | AIDNAPED WOMAN FOUND A PRISONER PICTURE SHOWS TO PEVELY BOOKS ON SHEEP RANCH I Two = ues of Alliance D. C. Kerckhoff, President of Mrs. Gladys Witherell of Los. Named to Urge Passage of Dairy Company, Says Rec- | Bill Now Pending in Mis- | -souri Legislature. | ‘ONLY THREE OF 75 AGAINST RESOLUTION | Organization Also Names Committee of Seven to In-| vestigate So-Called “Dance | Evil” in City. , : lic in Milk Inquiry. SAYS IT WOULD BE Dairies Co., Says Same Attitude. The Ministers’ Alliance of St. H. Clay Perkins, an expert Louis, meeting today at the Y. W. C. A. assembly room, indorsed the efforts of the Lord's Day Alliance to/| ©. |have the Missouri Legislature pass a ‘the purity and fairness of price of | bill now before it calling for the clos-| milk tn St. Louis, to investigate the ing of theaters and moving picture uf milk dstrbuters for shows on Sunday. A committee con- | the purpose of ascertaining the cost / sisting of the Rev. D. C.MacLeod and °f milk distribution, S. B. Campbell was appoint- | ™ission today to inspect the accounts the Rev. ‘ed to go to Jefferson City to make | °f the Pevely Dairy Co., one of the milk distributing com- | ey known to the legislators the attitude | f0Ur largest fie was informed of the Ministers’ The reso- | Panties in the city. lution was passed after 'by Daniel C. Kerckhoff, president of company, discussion | ‘that lasted 12 minutes. the that the company’s ' books were not open to the public. + A committee of seven was also ap-, The éominittees Realiiin | to em- yeener to investigate the effects of ploy an accountant was reached after ithe dance “evil.” Robert L. Kayser, general manager 'of the St. Louis Dairy Co., | ond largest distributer of milk in St. _Louls, testifying before the commit- tee last Tuesday night, stated that he did not care to sav in the presence of competito.s what the profits of his company were last year. added that he would show to committee privately the company’s ‘income tax statement for 1920. Statement by ee age When ai Post-Dispatch eport asked WKerckhoff for a seaté cient re- he satd. books local was refused per Alliance. ; The resolution on Sabbath observ- lance, which was adopted, follows: | “In view of the fact that the week- ly day of rest has established itself _in the experience and customs of both ancient and modern peoples, we reaffirm our conviction that the. observance of such a day is essentia) to the physice] and moral well-being | of individuals and nations, and that | tHe value of a quiet rest day is par- | ticularly. to be emphasized at this | time, when social and industria! con- ditions demand mental poise and|sarding his action, moral insight. “This is a public ‘We deplore the persistent at- ‘I do not consider it fair or just for, tempts at secularizing and exploiting | the committee to request @ company Sunday, the day of rest, since such | to expose its accounts to competitors. efforts, if successful, would result in, /f ! were assured that the jrorma is depriving workers of an inalienable) * ould not go beyond the committee right. it srould have no objection. to le ‘tting | Propaganda Deplored. the committee have it, but as “We deplore the clouding of the | committee ae Se: er real {issue by propaganda which con- | the investigation fuses the humanitarian legislation of | feel that I would our own day with the so-called ‘blue jcompany fairly if | laws’ of another age, and prote st |* ERE Oot MIIAS ne ™ — against the caricature and misrepre- jtion it & eran ra sentation appearing in a part of the | William ; a : wr nage public press’ ard in certain moving |the Mahe Somer nee 59.4 shetinke ‘Miske. accountant desired to see the books) We tualee @hat the preservation {@ his company he would be inclined | of a day of rest is essential for the |*° Solow ie Semen * —— y = cultivation of the family life and | oa s1thin the proven for the public worship of God, ac- poeere (Aldermen cording to the dictates of the individ- ual conscience. in secret. I be treating my were te permit the informa- of president jconferred upon them, to do anything “We, therefore, in the interest of |t° gee that the city gets a pure milk} the physical and moral well-being of (SUPPly. sald Connett, our people, invite all social and la- | Posed to anything along the line of _i8 am “ee etrnggelinety see pre. |The committee has no right to g0' serve Sunday as a aay for rest and |!Mto our books. If they should persist, worship. totta of the Lord's Day Alliance to {conditions generally. I do not believe sécure proper observance of the|'%¢ business men of St. Louls — Lord’s day, and respectfully request |S2"ctlon such an inquiry. the Missouri Legislature to act fa- Kayser Silent on Question. yorably on the bill to that effect now When asked if, in view of pending before that body.’ ‘stand taken by Kerckhoff, he Dance “Evil” Resolution. changed his attitude regarding the The resolution for an inquiry in perusal cf his companys income tax the dancing “evil,” also adopted, fol-|Statement. Kayser replied, “Neve! lows: imind. ‘Whereas, The dance is the source! committee. of much evil; to say, “Therefore, Be it resolved, That a’ Arthur L. Ottenad, manager of committee of seven ministers be ap- | the Jersey Farm Dairy Co., could jpointed by the Ministerial Alliance | not he reached for a statement. who shall thoroughly investigate the; City Counselor Daues, when asked | dance evil in our city in its relation by a Post-Dispatch reporter today if | \to the church, public school, life and public welfare.’ ‘with legal the | On the committee to investigate ; milk distributers to submit their \dancing are the Revs. M. T. Haw, J. lbooks for examination by the com- Harding Smith, Lewis M. Hale, J. H. imittee, declined to express an opin- ‘Coil, George E. Norton, 8. H. Wood- |ion. He also refused to say ‘row and Benjamin Young. or not the city has the power to reg- About 75 ministers attended the ulate retai] prices of milk: “Those ‘meeting. In the vote by voice on the’ are matters which I wil] have to take |Sunday enforcement resolution, |up with the committee tonight,” he ithere were only three who dissented, seid. “and | will not discuss them un- Their names could not be learned. til that time.” The resolution asking the inquiry on): dancing was adopted . practically without a dissenting voice. There| was no discussion of the resolution | before voting by those present. The | Rev. G. A. Campbell is president of the alliance. PRESIDENT SAID TO PLAN VISIT TO CAPITOL MARCH Ropresented as Having Decided to | Go There to Sign Bills Passed cents a gallon on at End of Session. ito St Rv the Asemciated Press. hexpress charges. WASHINGTON, Jan. dent Wilson was represented today/tions and 39 cents a gallon at as having decided to go to the exec- » Louis. utive room at the Capito! on the/!price paid at the receiving stations morning of March 4:to sign bills! was $3.45. which are passed In the closing bours; As has been stated the retail price of this session and which cvuld not|of milk in St. Louie will be reduced become law unless approved before tomorrow from 16 cents to 15 cents adjournment of this Congress. {a quart. No reduction in the price of | ‘would have a bad effect «¢ the and that fs all | have authority to force February Milk Prices. As a result of the conference Sat- urday at the Missouri Athletic Asso- 'ciation of representatives of the St. Louis milk distributere and _ the ‘Southern [linois Milk Producers’ As- ry jiation, the February price will be 4) $269 per 100 pounds (11.6 gallon®) iat receiving stations in [illinois \which the distributers pay the ¢x- press charges to St. Louis, and 29 shipments direct ‘It will be his first visit.to the Cap-' pints has been saneupees. They are’ from itol in nearly two years. 9 cents. Department. under the police powers, ; Witherells as he had agreed “but I am op-| socia] the aldermanic committee was vested | _ officers He | the | He Would Be Inclined to Take | ; ; ; } ac- | countant, delegated by the Commit- | tee on Public Welfare of the Board | Aldermen, which is tnvestigating | | Tuesday, Angeles Rescued Unharm- Ransom Pilot. TELEPHONE OPERATOR | UNFAIR TO COMPANY DISCOVERS THE CLEW 'W. C. Connett, Head of City Holds Up Call to Residence Long Enough to Send Po- SOCIALIST LEADER WHOM PRESIDENT REFUSES TO FREE ords Are Not Open to Pub- ed From Men Who Admit | lice to Station Where Cap- | ture Is Made. By the Assoctated Press. LOS ANGELES, Cal., Mrs. Gladys Withnerell, who disap- peared from her home here last was found early this morn- Jan. & prisoner in a small house oun eight miles. east of Riverside County, about of Los Angeles, according to telephone messages lo. the Associated Press. Mrs. Witherell was unbaurmed. who gare their names as ing, a sheep ranch Corona,. in 70 miles southeast Two men, A J. and Floyd Carf, arrested. The discovery and the arrest of the were effected by Los Witherell men of Mrs. two Carr Angeles police ,and Deputy Sheriffs, who started for the sec-| : 'Los Angeles with the woman and the ‘two arrested men. officers said the Carrs con- feeling toward the With- because of a transaction Involv- and that they kidnaped The fessed they had il} woman's father-in-law, A. J. erell, ing a boat, 'Mrs. Witherell both to obtain revenge investigation and | ‘station for | Witherell the | to conduct | do not) ey | and ransom money. Witherell and the Carrs’ arrest. It was said they dejnanded $20,000 Operator Rises to Occasion. A telephone operator's quick-wit- tedners led to the disevvery of Mrs. The received a call from a pay the residence of O. 8S.| and delayed making the eall until the police had been sent to the pay station, where thev ar- rested A. J. Carr, just as he was con- had operator cluding a delayed conversation whict. | sent said that if the| and the Health, ving into the company’s accounts. | ‘in pursuing such a policy their action | | lice, escorted J, Carr was waiting. When | two men | had | { made my statement to the| rescued here (ed whether | ‘and her father, John C. Distributers and Producers Agree on. he had promised relatives in a letter them Saturday. The police safd they found chloro- form and other articles in his auto mobile. used when decoving the woman frorn | home. Carr, it was said, confessed at the police station that he had spent Sat- urday night outside of Los Angeles, afraid to communicate with ths by let- ter kloyd Carr. according to the confession of his cousin, was leader in the kidnaping. Told Her Friend Was Hurt. The police said A. J. Carr them that Floyd Carr went to Witherell home told been injured in an automobile acci- dent and was calling for her. Floyd Carr, according to the po her to an automobile. where A. she became suspicious thy chloroformed her. MThev took her to a small house on a sheep ranct: | vith only a) and put her in a room cot. Mrs. Witherell that the alleged kid- napers bought her candy and treat- her ‘‘with every respect.’’ The police and Mrs. Witherell’s husband and father started for the kidnapers’ house at 2 o'clock today, prepared for any emergency. surrounded the house on it, smashed the door and windows. A man, be Floyd Carr, was caught guard and handcuffed Mrs. Witherell and her husband | rushed into each others arms. She sobbed and @alled him ‘Lambie, Lambie,’ over and over again. Others Implicated by Carrs. The scene between Mrs. Witherel! Kratz, was after closing in off his as affecting. ” Mrs. Witherell rescued was |shortly after 6 o’clock and soon after | ‘the entire party started for Los An-! ' | |varied from five geles. The Carrs were said by the | police to have implicated others in the alleged kidnaping. The number to seven. ‘were also said to have directed the ' relatives of the woman to deposit from | the ransorh money of $20,000 on a $1.-~!| cousins. were | which they believed had beer the | the | last Tuesday nigh’ | n business | and told Mrs. Witherell a friend had | compared told the men who, PENROSE PRESENTS PETITION The | and | said to} ,erene, Democrat, Ohio, They | EUGENE V. DEBS. ~OOnderwood & U ndeswood Photograph. ee -_-_—— JUDGE BEN LINDSEY ; } Supreme Court Decides Against Denver Jurist Under Sen- tence for Contempt. ' By the Associated Press. WASHINGTON, Jan. ‘peal of Judge Ben B. Denver (Colo.) Juvenile Court from ‘conviction on charges of contempt of court was dismissed today by thé Supreme Court. Judge Lindsey's conviction, resulted in a fine of $500, grew out of his refusal to divulge to the Dis- trict Attorney confidences made to him by Neal Wright, ons of his charges, who was accused of com- plicity in the murder | Judge Lindsey maintained that com- munications made to him in his offi- ‘cial capacity were privileged that it would be a violation ‘and ethics for him to testify such information. —_—_—_-—-- 3$1.—The ap- as to pressed and to pay the been stated If the conviction is Judge Lindsey refuses |fine, the alternative has to be 250 days in res |Lindsey Says He ‘Preteens Jail to Be- traying Child's Confidence. DENVER, Colo., Jan. 31. Ren B. ‘Lindsey of Denver's Juvenile Court, when informed today ths. the ‘Supreme Court had dismissed his ap- | peal from a sentence on charges of contempt’ of court, said: | “['d rather go to jail than betray ‘the confidence of ik ehild.”’ The Judge said that would be his attitude if the District Attorney her: moved for an execution of the sen- tence. CUT IN NAVY ENLISTED | Appropriation Bill to Be Reported to | House Provides for Maximum of 100,000. By t Associated Press. WASHINGTON, Jan. 31.—RHReduc- tiow# of the navy's enlisted personne! to a maximum of 100,000 men, as with a present possible maximum of 143,000, is provided for in the naval! le The committee was said to have slight slowing up of the work. | FOR CLOTURE ON TARIFF BILL ' Pennsylvania Renator Acts After Pomerene Objects to Vote by Unanimons Consent. the Assoectate-1 I ress. WASHINGTON, Jan. | iy $1.—The Re- ipublican petition for cloture on the | tariff bill was presented | ‘today in the Senate by Sénator Pen- | ,emergency in charge of. Senator Pom- had objected unanimous rose of Pennsylvania, ‘the measure, after ‘to a proposal to vote by consent on Feb. 15. JOHNSON DEMANDS DETAILS OF | TENTATIVE TREATY WITH JAPAN | Senator Asserts People of Western | have written or said about the war States Are Entitled to Know What Ie Proposed. Iv the Aesoctated Press. | WASHINGTON, Jan. 31.--People| lof Western states are ‘entitled to | lonely mountain road at a designat-| hnow and know now what disposifion | 8 i.— Presi- lary were $2378 at the receiving a Louis. the shippers paying the | cou The prices In Janv- | | money. ‘ed spot, promising to release Mrs. ‘Wetherell on the roadside 80 she | ld be found after payment of the, Rewards totaling $3600 were of- fered for information as to Mrs. In February last vear aa | aiedis whereabouts. Witherell’ | former business partner and former | i stenographer, Charles Beverly and) a war dance on this subject he’s got ca | Mrs. Eleda Westrem Tenney, wer killeq early Saturday in an automo- pile accident while detectives were: following them into Los Angeles a suburb. Why they were fol- was unexp of the Japanees settlement problem is made tin the tentative Shidehara-— Morris treaty.” Senator Johnson, Re- | publican, California, declared today ‘In a forma] statment. He reiterated California alien land laws. “If Senator Johnson expects to do | to do it without me as a partner,” | Secretary Colby declared today in an informal statement replying to | the California Senator's latest stat ror , the proposed treaty. LOSES Hild APPEAL Lindsey of the | which | of a farmer, | and | of law! Judge | PERSONNEL I$ PROPOSED appropriations bill to be; ‘reported to the House tomorrow ‘showing his detestation of the “Hun- made no changes in the building pro- | 'gram, with possible exception of a | that the treaty in effect repealed the PALMER COMMENDS FREEING OF DEBS BUT PRESIDENT DECLINES GONVICTON OF "mms ts FRGER AND FOUR Smt Favoring Commutation of '10-YEAR TERM WAS OTHERS REVERSED BEGUN IN JUNE, 1919 | Debs Was Convicted of Vio- ~~ |Supreme Court Rules Espio-| lation of Espionage -Act nage Case Should Not) and This Was Sustained by Have Been Heard by Judge’ the Supreme Court | Landis After Attack on His By the TO Press. Eligibility. WASHINGTON, Jan. 31.~Presi- fet dent Wilson refused today to cdém- tev the Ansectaved: Petes. |mute the 10-year sentence impqbed WASHINGTON, Jan. 31.—Conviec-| upon Bugene V. Debs for vielation tion of Victor L. Berger and fom | of the espionage act. ether members of the Soctalist purty | The President disapproved a rec | for of the espionage ac: ommendation of the Department of | Was today by the Supreni¢ | Justice that Debs’ sentence be xeom- Court on the ground that Judge Lan-: muted to expire on next Pens 12. not have heard the sul.; Attorney-General Palmer's recom- eligibility had been at-' mendation was placed before the President this morning, and it was reported at first that the executive ———_S— violation reversc . dis should after his tacked. Those convicted with Berger in' th. Federal Court at Chicago were |} Adolph Germer. national secretary | ad acted upon it favorably. rR ‘of the party: William F. Kruse, edi | etter was found to be erroneous, © tor of the Young Socialists’ Maga-| Debs, muny times candidate ur rhe zine: J- Louis Eagdabl and 'rwin Bt 'g ciatist party, for . President, .¢n- Jobn Tucker, The éffect of the Court's decision tered the penitentiary at Atlany., Ca., on June 16, 1919, to serve a if is to. remand the cases to the Appel- hal? late Division, which will issue orders years’ sentence, tmposed follows for a reversal and a new trial before | conviction by a WPedera!l Jury's some other Federal Judge. Cleveland. O., Sept. 12. 1918. ferevte Berger and the other four men, lation of the espionage act, Spe were convicted under the section cifically, the charges included at- prohibiting attempts to cause insub- tenpting to incite tnsubordination ' ordination and disloyalty in the naval t* ‘nilitary ‘reese avd obstructinu and military forces, and sentences | recruiting. ranging from 10 to 20 years were im- Debs’ conviction was sustained Db) posed. is ‘the United States Supreme Cour! The court divided, six to three, Which. on motion of the | Govern Justices Day, Pitney and McReynolds | ent. advanced the case on its dissenting. | docket. The appeal! Nominated Five Times. Supreme Court Debs Hegan serving his sentence Judge Kenesaw Mountain Landis, April 13, 1919. when he enteret'tir who presided at the trial, had shown’ \youndsville. Weat Virginia; Federal “personal bias and prejudice” against! penitentiary. Ue was removed to the defendants because of their na-\the Atlanta prison the fotlowtng tionality. June. Dissenting Opinion by Justice Day. Debs is 66 vears old. His presi Justice Day, who filed a dissenting: qential nomination last summer was opinion, held, however, that the! the fifth his party has given him. He mere filing of an affidavit should not wae n Democrat béfore he became a be accepted as sufficient evidence of Socialist. [In the late sevenes-RHe the unfairness of the Judge. The; served two terms {np the Indian Rerger affidavit should not be taken Legislature from “Terre Hauter hie ai “face value,” he said, because the home town. and figured considera: “facts” therein had been made solely | hly in toca) politics before thate dle on “information and belief’ and no! once was a candidate for Congress }attempt was made to nace eeer nd from the Fifth Indiana MPDistri Ip them. " 1894, from Mey to Novembér, he The majority opinion held that the) served a sentence in fail for *con- affidavit of prejudice filed by Berge ' tempt of court in an Illinotg n- against Judge Landis was sufficient | spiracy case while an ackno a to have caused his withdrawal from | jeader of the Socialist party in this the case and that Judge Landis was! country, : not justified in passing upon the af- Speech Made in 1918." fidavit. ida His present imprisonment McReynolds added to the dissent- ‘ ing opinion a strong approbation of rom Sovernmentat investigati speech in Canton, ©... on Jg Judge Landis’ sentiments as merely | © 8 1918, which led to hie arréstf tes nish warfare which was being backed | weeks later for opposing the war by compatriots in America,” under/ 2Dd urging labor to cease all be ‘our too indulgent laws. ties which tn any war tended? defense which = it “At Mercy of Defendant.” long it The effect of the majority opin-| The only ion, Day said, would be to place tho would permit at his trial Federal courts at the mercy of the *péech which he himéelf madé defendant and “certainly will great- | Jury. In it he reiterated what he ‘ly retard the machinery of justice. *;had sai@ in his speech at Canton “The case seems to me to be @nd added to it. He said: -@ iam fraught with danger of interference | & cused of obstructing the war. |! with the orderly conduct of the busi. | @dmit it. Gentlemen, I abhdép ness of the courts,”’ he continued. was brought to the on the ground that! I would oppose it if I stood alone It should not be of any importance | Men talk about holy wars. het to any Judge that he sit in any par-/|are none. Benjamin Franklin said ticular case, the majority opinion | there never was a good war ora bad said, and only a false affidavit of peace. Napoleon Bonaparte, who _ prejudice would remove the protec- Was an authority on war. feeling the ltion the law gives the defendant in| skeleton hand of death stretching }guch cases. out for him at St. Helena, criéd out | Feta _ "War ts the trade of savages @9@ | ’ barbarians.’ % ‘onspiracy IHlas Falled;: i Have “Much has been made of the Nothing to Retract,” Berger Says. statement that IT sald men w fi: By the Associated Press |for something better than élg MILWAUKEE, Wis., Jan. 31.— and cannon fodder. I said that “The conspiracy has failed. I have | meant exactly what I aaid. Men dttbhie to retract from anything I/ fit for something better than ¢ and cannon fodder, and the ti come, though I shall not live to see it, when human slavery will be wiped /or about those who pushed us into this war,” declared Victor L. Berger (when told today by the Associated! from the earth, and men will marvel Press of the reversal of the United’ that they ever rushed upon eaeh | States Supreme Court of his sen-' other like wild beasts. and murdered | tence. each other by methoda too cruel and | Berger's statement follows: ‘barbarous to describe.” | “In view of the plain wording of! Every atom of influence a = | the Federal statute of 1913 compel- | ergy in the Soctalist party w ts i toe a Federal Judge to give way to! the fight to keep Debs out of Jan. another Judge whenever a sworn af-| but the United States Sup fidavit of prejudice is filed and also and Attorney-General because of Judge K. M. Landis’ pub- | down each appeal tn bi ‘Me utterances about German-Amert-'ter, the American. and. after the trial-the decision of , heated the Supreme Court of the United lution Retes could not be any different and : light of ? “ha aa oni. . $09: FoF ~All 3,4 — CF S| oe i - be if wer. 2 Pegs) 70% RE il i A 2 4 pies ; ” on ace “ “llr . . ee ae il eee a eee Ss ae ee ee 4 & pobvne - ~ - a Re en te Ee a ee oe ee eee PORE MG KAI BT CATR T = -7 +) emer anne A * j 9 . rad a). oe P i”