The Alaska citizen., 1917-03-12
GERMAN ARMY OFFICERS MUST
 FACE, CHARGES

WASHINGTON, D. C., Mar. 5.- Werner Horn, who claims to be a lieutenant in the German army. must
 stand trial for the unlawful trans portation of explosives through Am erican territory The supreme court today denied Horn the right of ha- beas corpus in a decision handed down in Horns suit to be allowed these proceedings The trial Of the case will be resumed al Boston at
 an early date
 Story of the Case.
 The trial at Boston of Werner
 Horn, held in connection with an at tempt to dynamite the Canadian-Pa.
 cific railway bridge across the St. suspended by Horns habeas corpus suit. Under a federal indictment charging unlawful transportation of explosives from New York through Massachusetts to Vanceboro. Me, l the American terminus of the in,er,
 national bridge, Horn has been held
 in jail at Boston in default of $10,O00 | bail
 Horn appealed to the supreme court ] from rejection of his habeas corpus I plea by Federal District Judges Put
 nam and Hale of Maine and Morton of Massac chusetts. Their dismissals
 were affirmed by the first circuit | court of appeals. Alleging that the. dismissals were improper and that | he was denied fair hearings before | the Maine federal courts and mmi- grafton officials at Bangor and Port
 land when eXtradii ed to Boston.
 Horn asked the supreme court either
 to discharge him from custody on
 the ground that he is exempt from l punishment in United States courts
 or that he be returned to Maine for proceedings "in accord with law and 1 justice'
 | Although the Canadian authorities asked Horns eXtradition, he was | held for t"ial on the charge of un- l lawfully carrying dynamite on pas l senger trains to blow up the bridge, which was damaged, though not seri-
 ously and only on the Canadian side
 After the explosion Horn was ar
 rested at Vanceboro and admitted
 the dynamiting, declaring he was | first lieutenant in the German land
 Wehr or reserve army, citizen of | Germany, and acted as a belligerent ] to cut off shipment of war munitions. 1 Immunity from prosecution in Unit ! cd States fa1pr11 tho l charge of interstate transportation of | explosives was claimed by Horn. He contended that mere possession alone of his reserve army commis- sion operated to give such eXemp- tiOn-while in commission of an al | leged public" and belligerent act
 of war against an enemy of Germany. He contended that his authority to act was implied and that express authorization or command from his government was unnecessary. Al though the German government has not avowed responsibility for his
 acts. Horn contended that he could not be punished in American courts and was punishable only for viola tlOn of American neutrality.
 Refusal of Federal Judges Hale and Putnam to entertain or permit filing of his habeas corpus suit also was set up by Horn as ground for re lease from Boston and return to Maine. Denial of constitutional ! rights of habeas corpus was alleged. That Horn, even though a German army officer. is punishable for in fraction of United States civil law, although upon an enterprise against
 an enemy of Germany, was contend
 ed by the department of justice in the supreme court proceedings. Lack
 of authority from or avowal of re sponsibilty by the German govern
 ment for Horns acts also was set up by the government.