Thursday, January 12, 2012

Judge Landis

January 12, 1921:
 Acting to restore confidence in baseball after the Black Sox Scandal, Judge Kenesaw Mountain Landis is elected as Major League Baseball's first commissioner.
It was probably good that Landis came off of the judicial bench.  A lifetime appointment was probably too long for him:
Landis hoped that the Kaiser, Wilhelm II would be captured and tried in his court; he wanted to indict the Kaiser for the murder of a Chicagoan who lost his life on the RMS Lusitania in 1915. The State Department notified Landis that extradition treaties did not permit the rendition of the Kaiser, who fled into exile in the Netherlands as the war concluded. Nevertheless, in a speech, Landis demanded that Kaiser Wilhelm, his six sons, and 5,000 German military leaders "be lined up against a wall and shot down in justice to the world and to Germany".
Even with the armistice in November 1918, the war-related trials continued. The Socialist Party of America, like the IWW, had opposed the war, and had also been raided by federal authorities. Seven Socialist Party leaders, including Victor Berger, who was elected to Congress in November 1918, were indicted for alleged anti-war activities.] The defendants were charged under the Espionage Act of 1917, which made it illegal "to utter, print, write, or publish any disloyal, profane, scurrilous or abusive language" about the armed forces, the flag, the Constitution, or democracy.] The defendants, who were mostly of German birth or descent, moved for a change of venue away from Landis's courtroom, alleging that Landis had stated on November 1, 1918 that "[i]f anybody has said anything about the Germans that is worse than I have said, I would like to hear it so I could use it myself." Landis, however, examined the transcript of the trial in which the statement was supposedly made, failed to find it, declared the affidavit in support of the motion "perjurious", and denied the motion.] While the jury was being selected, Berger was indicted on additional espionage charges for supposedly violating the law during an earlier, unsuccessful political campaign. At the conclusion of the case, Landis took an hour to dramatically charge the jury, emphasizing the secretive nature of conspiracies and pointing at the jury box as he noted, "the country was then at war".] At one point, Landis leapt out of his seat, twirled his chair around, then sat on its arm. Later in his charge, he lay prone upon the bench.  The jury took less than a day to convict Congressman-elect Berger and his four remaining codefendants.  Landis sentenced each defendant to twenty years in federal prison. Landis denied the defendants bail pending appeal; but they quickly obtained it from an appellate court judge. The Seventh Circuit Court of Appeals declined to rule on the case itself, sending it on to the Supreme Court, which on January 31, 1921 overturned the convictions and sentences by a 6–3 vote, holding that Landis should have stepped aside once he was satisfied that the affidavit was legally sufficient, leaving it for another judge to decide whether it was actually true. Landis refused to comment on the Supreme Court's decision, which ordered a new trial. In 1922, charges against the defendants were dropped by the government.
The man was a piece of work.

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