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COURT DECIDES IR
FAVOR OF BER6ER SOCIALIST EDITOR AND ASSOCI ATES IN ESPIONAGE CHARGES TO BE GIVEN NEW TRIALS. Bench Divided in Decision on Radical, Cases, Majority Deciding Judge Landis Was Ineligible to j Conduct Trial. Washington.—Victor L. Berger, So cialist editor of Milwaukee, and four co-defendants who were sentenced to terms ranging from ten to twenty years for violation of the espionage act, will be given new trials under a decision on January 31 by the supreme court. Dividing, six to three, the court held that Judge Landis of Chicago was in eligible to conduct the trial and should have retired on the filing of an affi davit by the defendants charging him ■with "personal bias and prejudice," because of the nativity of certain of them. Berger and his co-defendants are Adolph Germer, national secretary of the Socialist party, a native of Prus sia; William Kruss, editor of the Young Socialist magazine, whose par ents were Germans ; J. Louis Engdahl and Irwin St. John Tucker, writers and lecturers, natives of the United States, and claiming to be not of im mediate German descent. The sole question before the su preme court was whether Judge Lan dis had erred In continuing to sit in the ease after defense counsel had filed a properly drawn affidavit of preju dice. Six members of the court, includ ing Chief Justice White, held that he did. Three other members. Justices Day, Pitney and McReynolds, held he did not, and filed opinions dissenting from that of the majority. Next to that of Eugene V. Debs,, the case of Victor Berger, publisher of the Milwaukee Leader, a Socialist paper, attracted more attentlbn than any other brought by the government under the wartime espionage act. A movement to bar Berger from the seat In congress, to which he had just been elected from a Milwaukee dis trict, was at once started. Represen tative Mann, former Republican leader, being one of the few Influential mem bers of the house who came out In be half of the Socialist editor. A new election having been ordered, Berger was again returned and again the house voted to bar him, 828 to 6, within an hour after he had presented himself to be sworn in. VICTIM' OF ABDUCTION FOUND -2 Loa Angeles Woman Returned to Homo and Abductors Captured. Los Angeles.—Mrs. Gladys Wlther «11, wife of O. S. Wttherell, Investment company president, who was abducted by Arthur W. and Floyd C. Carr, and held for ransom, was rescued by offi cers Monday, she having been held a prisoner on a lonely abandoned ranch near Corona. The Carr boys, who are cousins, pleaded guilty to a charge of kidnaping within a few hours after they had been captured. Mrs. Wlth erell was uDbarmed, but has suffered a nervous breakdown. A. Wilson Refuse« Clemency to Debs. Washington. — Recommendation by the department of justice that the ten year sentence of Eugene V. Debs, long a prominent Socialist leader, and now serving a ten-year sentence at Atlanta for violation of the war time espionage laws, he commuted, effective Febru ary 12, Lincoln's birthday, was rejected on Monday by President Wilson and commutation refused. Colby Calls It Ghost Dance. Washington. California asked Secretary Colby on Monday to make public the negotia tions between the United States and Japan on the California land question, and Mr. Colby replied that "if Senator Johnson expects to do a ghost dance sn this subject he's got to do it with out me as a partner. Senator Johnson of Mob Releases Prisoners. Bremerton. Wash.—Authorities at the Puget Sound navy yard are investigating circumstances of a raid on the Kitsap county jail Saturday, when, it is alleged, a crowd of nearly 100 marines, some of them armed, overpowered the two policemen, broke doors leading to the cells und released L. C. Karron, a marine, held on a charge of drunkenness and two young women prisoners. Judge Lindsey's Appeal Dismissed. Washington.—The appeal of Judge Ben B. Lindsey of the Denver, Oolo., Juvenile court from conviction on charges of contempt of court, was dis missed Monday by the supreme court. " Train Strikes School Bus. Baltimore. — Two children were killed, several seriously Injured and a dozen others slightly Injured when a fralnr on the Annapolis Short Line rail road struck a bus .filled with school rhildreo near Shipley, Md. Rare Surgical Operation. Milwaukee.—A child was bom early Monday by a CaesariaÄ operation per formed in a Racine hospital a few minutes after the mother had died of tyiinnioa deceived when a train struck 1809 ABRAHAM LINCOLN 186S m. \Th HH I f *r, ■■■ - iis : : ■ m : - : x Wm ' :: .x M 7 SO 3 ,\i : . • I m c , ' w 5=*— ol: ZÔJurrKt "£• Here is a face upon wnicn men may ml - "£• Eyewitness Teils of Lincoln Assassination in Ford's Theater "An-eyewitness of the assassination of Abraham Lincoln I" Is a phrase that even fifty-odd years has failed to strip of interest. In an office of the old National Museum building at Wash ington one can find George C. May nard, curator of technology. . An at mosphere of peace pervades the place until one speaks the magic words which bring to mind that fateful night at Ford's theater in April, 1865. Then Doctor Maynard tells of what he saw. "That evening," says Doctor May nard, referring to the night of April 14, 1865, "I went to Ford's. As every body knows, the play waa 'Our Ameri can Cousin.' My seat was in the first gallery, on a level with and In full view if the upper right-hand box, which was reserved for President Lin coln and his party. "The occasion was an unusual one. The war had come to be regarded as an Interminable conflict, something I ::: . r-. m ■ rj » » ' ; : ■ ; m ■ ill - : : pi Wf : I ■ P: % p m $ : ■■■ - ■ * * I >*: V-* : - ; * Washington, whore Lincoln was shot 20 minutes past 10 on tho night of April 14, 1865. government office building. It is new used ae a which would always engulf this coun try. Those in the theater that night were giving vent to perhaps their first real enthusiasm that the war had actu ally ended. ' It was to be a gala night An atmosphere of festivity pervaded the place. Also, It was Laura Keene's benefit. "Naturally, It was a patriotic per fbrmance. I still have a small scrap of paper on which I wrote the musical program. The Star-Spangled Banner,' 'Red, White and Bine,' and 'Marching -Along* were d laved, while the entire upon men may ml The huehed austerity that nature wears At touch of twilight, brooding on the cares Of bygone days and of the days to bo; And yet which boars tho «leur tran quillity Of one whoso youth baa breathed sweet prairie a Ira, Or followed firm behind the plowman's shares, Or trodden leafy forest ways and free. The forehead tolls of mastery; a mind Which holding life a thing inscruta ble, Kept faith and hop* forever sentinel ; The furrowed cheeks, the locked lips sorrowllned, . Betray a will the nation knew so well. And deep eyee showed a love for all mankind. CLINTON 8COLLARD. « Our Soldiers,' a patriotic song of the times. "The President and his party did not arrive before the curtain rose. It was during the dairy scene when they came ln. Miss Hart, playing Georgi ana, was telling an American Joke to Mr. Emerson, taking the part of Dun dreary, and he failed to catch the point. Twice she said to him: 'Why, can't you see ltT* And he replied: 'No, I cawn't see it' At this moment the Presidential party entered, passing* around the south side of the gallery to enter the box. The play was suspend ed until President Lincoln was seated, the audience having risen with one ac cord and cheered enthusiastically. After some time Georgians said, with emphasis: 'Well, everybody can see that,' and Dundreary drawled: They •ought to see It, you know.' "It was about 10:80 when the pis tol shot which sent the bullet at Lin coln was fired. Booth suddenly slid down from the front of the box onto the stage and rushed diagonally across, disappearing. He caught his foot In the flag decorations and made some exclamation which I did not under stand. but no éflch dramatic speech as has popnlnrly been accredited to him. Had he done anything of that kind I believe he would have been mobbed before he could have escaped. As It was, J. B. Steward, a man of athletic build, sprang onto the stage and was after Booth immediately. "There was no panic, such as a fire would have caused. The entire audi ence was stunned, the real significance of the tragedy coming only after sev eral minutes. The theater people swarmed upon the stage. An officer In military uniform managed to get to the President by climbing up from the stage into the box, the door having I been barred. Laura Keene came quick ly through the gallery with a pitcher of water, lending an odd note to the scene with her costume and make-up. The door of the box by this time was opened and she entered. "Intense excitement reigned, yet no lack of self-control. There seemed to be a desire to lend whatever assist ance was possible, while the air was electrical with a spirit of vengeance against Booth for the crime just com mitted. Several people climbed over seats, I myself helping one lady thus In making her exit. Some seats were broken. Ye*, withal, the people left the theater slowly and quietly. It was about ten minutes before the President was removed, followed by Mrs. Lincoln supported by two gentle men. A crowd of people filled Tenth street - military telegraph corps of the War de partment, being a cipher operator. I rushed to the office. Persons I met on the way were Ignorant of the tragedy. tbe office the news had been learned, but no details, and D. H. Bates, manager of the office, asked for particulars. "A full force of telegraphers spent the night in the office, sending out re port!. of the President's condition. It was eight o'clock on the following morning "before I left for my lodgings. I walked along G street. The morn ing was rainy, raw and cheerless. Be tween Thirteen Ui and Fourteenth streets, almost In front of Epiphany church, I met a small squad of cav alry, accompanied by a few military officers and civilians on foot. The band was proceeding quietly and with an evident desire to avoid public no tice. They were escorting the Presi dent's body to the White House. "There Is cme othqr memory of that time of sorrow which I retain vividly. On the morning the President's body began the journey to Springfield It was warm, bright and altogether a day beat suited to rejoicing, yet all Wash ington bad come down town to see the funeral procession. Processions, nor mally, are stretched out, but this one was made as compact as possible. In the front went a detachment of cav alry, wedge shaped. Very slowly they proceeded, making their way steadily Into the crowds which swarmed the asms The house at 516 Tenth street, Wash ington, where Lincoln died after his assasination by Booth. streets, forcing them silently back to the curb. Carriages containing offi ciale, instead of going single file, went three and four abreast. The horses' footfalls were the loudest sounds, while sobs punctuated the stillness of the watching multitude." □jainiDlaplD' Exemplar of Land of Opportunity. Rc 4 »rt Lansing, ex-secretary of state, said : "Bora in the humble cabin of the Hodgensvllie farm. Abraham Lincoln Is the national exemplar of a land of equal opportunity. His life and his career reveal the fact fhai the seeds of greatness nourished in the soul of even the most lowly rav germinate and develop to perfectior I» the atmosphere and envlrotm eri r j America." J/ipUN fflU f||||tj|| VICE ADMIRAL KATO BELIEVES PLANS WILL BE COMPLETED REGARDLESS OF U. S. ACTION. Say* Program Was Inaugurated a Decade Ago, and Even Sf Com pleted Would Not Bring Japan'* Naval Strength Up to Others. Tokio. —Regardless of the United States' naval program, the Japanese program requires completion of the eight battleship and eight cruiser unit, said Vice Admiral Kato, minister of the navy, in responding on January 30 to an interpellation by Lieutenant Gen eral Ushara, chief of staff, as to Ja pan's view of Senator Borah's resolu tion concerning a cessation of war ship construction. Japan's naval con struction plan, however, he said, need not be carried out with the United States as a» imaginary enemy. He said Japan would adhere to a world* curtailment of construction plans. He declared Japan's naval program was Inaugurated a decade ago and was *>orn of imperative necessity. Even if completed, he said, a wide margin would remain between the naval strength of Japan and other powers. s War Minister Tanaka said Japan's forces had been organized to insure the safety of her territorial rights. It was true, he declared, neither Russia nor China could now menace Japan. Any effective plan of defense, how ever, he added, must presuppose the necessity of operations beyond Japan's frontiers. CONGRES8 TAKES UP LOAD Appropriations Bille and Other Meas ures Will Cause Busy Time. t Washington.—Congress on Monday entered Into the peak load period with only twenty-eight days left and appro priation bills and legislation jammed up. The final money bills, the army and navy supply measures, with the diplo matic and rivers and harbors appro priations are to come before the house, while the senate plans to take up the postoffice and sundry civil measures. Republican leaders are be ginning to be dubious of getting through. To hasten action on the appropria tions bills, the Fordney emergency tariff bill is to be given what Repub licans say will be its "last chance" in the senate. Naval disarmament also is to come up prominently in the senate. Immigration exclusion legislation is to be considered by the senate immi gration committee. Reapportionment of the house on the basis of the 1920 census will come be fore the senate census committee, in its consideration of the house bill re taining the present house membership of 435. Provision for more hospitals for dis abled service men is expected to be made by the house through passage of a bill to establish additional hos pitals. LORD MAYOR TOLD TO LEAVE O'Callaghan Ordered to Depart From U. 8. by February 11. Washington.—Donal J. O'Callaghan, Iprd mayor of Cork, has been ordered by Secretary Wilson of the labor de partment to leave the United States by February 11. He is now in the country as a seaman awaiting an op portunity to reship. The Irish official arrived in the United States as a stowaway without a passport. He was classified as a seaman, however, which permitted him to remain until he could find a ship. Whether he left as a seaman or as a passenger was held to be no concern of the department of labor. In order to clear the records a certificate of O'Callaghan's departure, citing the cir cumstances, must be filed with the im migration inspector at his port of de parture. Bsrgdoll Will Become German. Eberbach, Baden.—German citizen ship papers for Grover C. Bergdoli, American draft evader, for which he applied a number of days ago, have been made out and are ready to be issued as soon as the technical state of war between the United States and Germany have been ended. His chauf feur, Isaac Stecher, has already been granted citisenship papers. Wilson to Tell of Peace Parley. Washington.—President Wilson Is having collected and arranged for ref erence^all papers and documents in sssion relating to the Paris peace conference, with a view to the preparation of a book. his Bolshevik Troops Active. Constantinople.—Tartar Bolshevik troops have entered Kasvln, ninety miles northwest of Teheran, and Brit ish forces in the latter city are re ported to have begun a withdrawal. It I» said in dispatches Sunday. Storm in Northwest San Francisco.—Northern Pacific codât points are recovering from a storm which raged Saturday night and which was described by the Urfited States weather bureau here as "one of tbe worst we ever had." SALT LAKE BUSINESS DIRECTORY You'll And no better DI AMONDS than th«je j gf we offer. The» are made right. look right, » J* and are *ohl right. Every one perfect. ; BOYD PARK JEWELERS y<L BOYD PA.JC. BLDG »06 MAIN STREET v <0 A Family Garden for only $1.00 Mountain-grown and tested seeds— ugh to plant a garden for an aver family. Half Price to You Regular catalog price on this collec tion is $2.00. As a special trial offer we are making it only $1.00. This Big Dollar Vegetable Collection includes these 26 well-filled packets: Earl» P«u. Late Peas. String Beane, Wax Beans, Beets, Cabbage*, Caoli flower. Carrots, Celery, Sweet Corn, Co cumbers, Crus, Egg Plant, Kohl Ksbl. Leelc, Lettuce, Mu.kmellon, Watermellon. Onions, Parsley, Pep per, Pumpkin, Turnips, Long Rad ishes, Ron Ad Radishes. Tomato. Every seed a sturdy plant. Slip fl.00 in a letter and mail to us TODAY. eno age I Address Dept. A ? THE CONTINENTAL WOOD STAVE PIPE lor irrigation and all general farm purposes, -rit** MORRISON. MERRILL CO. Lor full informati' ÏTTT iilEyg BilLi Wm IL ^mncî^STuK^hciintïjicftîîêctoS ( General Manager of Honest Debts Ai llRooms Continental Bank LvSALT lam City, Utah (po»,L u *f J /3 b? WALKER'S BEAUTY PARLOR. 8witch transformations worth $12 for $8.50. Switches worth $7.50 for $5, by mail. Cut sample from center of head. 320 South Main. CLEANERS A DYERS. Quality. Clothea insured. Work guaranteed. postage. Price list on Service. We par request. Myers Cleaners A Dyers. 114 E. Broadway. Dry Cleaning by Parcal Peat. Send your suits, dresses, coats, etc. to us for "Master Cleaning and Dyeing." Salt's Lake's leading cleaners. We pay return charges. Regal Cleaning A Dyeing Ce., 156-109 E. 2nd So. MONUMENTS- Write for catalog. Standard Marble A Granite Co.. 117 W. Broadway. TYPEWRITERS. Distributors Corona portable and Royal. All other makes sold, repaired and exchanged. Utah Typewriter Exchange Co. FLOWERS FOR ALL OCCASIONS. Morris Floral Co., 52 E. 2nd S.. Salt Lake City. Sa Y IT WITH FLOWERS. Out of town order» •olieited. Miller Floral Co.. 62 E. 2nd South. ART EMBROIDERY CO. Machinery embroidering on ladies' apparel. Oat town business solicited. 201 Brooks Arcade. RUBBER STAMPS A STENCILS. Seals and ear tags also made. Send for samples, prices, etc. Salt Lake Stamp Co.. 65 W. Broadway. 8ALT LAKE BU81NE8S COLLEGE. Save lodging ; work after school ; enroll anytime. * CENTS 300 percent; $1 a pkg. Everybody buy», nuumo Sample free. Dodge Bros.. Salt Laka. CREAM BOUGHT. Boot prices. Western Creamery Co., 244 W. Fourth South. MUSICAL INSTRUMENTS. Daynes-Betw. Everything known in music. Salt Lake City. BATS RB-MADB. Write for prices. Return rharges pr« v ».d. Smythe Hat Factory. 116 E 2 S. POULTRY BOUGHT. For best results ship poultry, eggs and game to Fulton Mkt. Correct weight Prompt returns. Write for prices. DLDSMOBILE DISTRIBUTORS. Cars A tracks. Used car bargains. A. E. Toursaen, 447 S. Main. Gill R ings cure your motor troubles. OUI Piston Ring Co., li Bust Fourth South RUBBER HOSPITAL. We cure Injured rubber articlce. Boots, Shorn. Hot Water bottle*. Tires. Tubes, etc. Satisfaction guaranteed. Return charges prepaid. Western Rubbe r Salee Co., 184 E. Broadway. Salt Lake. ELASTIC STOCKING HFR8. M * tor "îy «pparu«. Trass fltters. 3. H. Bowmar Co., Brooks Arcade. AÇTO RADIATORS A Machinery B " t ® nd cheapest. Potter Weld ing A Repairing Co.. 551 South State. L. D. 8. BUSINESS COLLEGE. ~ School of Efficiency. All commercial branches. Catalog free. «0 N. Main St. Salt Lake City. KID FITTING CORSET TABLOR» Specialists in designing, making, fitting corsets. Hemstltc hlng. e mbroklering. braiding, accordion and side pleating . Buttons made. 40 E. Bdwy. MARINELLO BEAUTY PARLOR. Hair goods ü&lcîr nui? Pf*P* r *t'ona. Mall orders solicited. Clift Bldg.. Salt Lake City. Utah. * RETREADING. Quality sad «tarne- St andard Tire Works, Ml So. 8tete. **•*£■ Bafi«. Key, k>ck and sue repadriag. Knudion Novelty Co.. $56 So. 8ta«e. VN M lmnnd Fertiliser tara. Write "Inland Fertiliser Co." »4 Jm^reBML »«PPorWra. Wyita) and «ick »upyl*» The JOUM-Oaxea Co. 165 a. Mala. _— YOUR LOCAL PUWLUJHER ÏTjiïLjr 1 H biod *r», •P*'" 1 blanks, records ** «™ta- H« give* Quality Servie«. ATTEND UTAH BUSINESS Fur Practical Buai COLLEGE Education. *— *- *-- — ». « »w2 ''.'.'.''."J? Eiarri"«*. 334 Clift tods machina and hand A man is .. , a failure after he has thorougl ly analyzed himself and say». T am s tellure,'' and gives up.