Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-11-10
Tho German Plea Of Necessity"

\ short article in the first number
OF the monthly Inter- America by
l;amro de Maeztu, a Spanish jour-
nalist, has some interesting things to
say about the German plea of "neces-
sty" as applied to the German con-
duet Of the war.
Senior Maeztu accepts the detini-
ton Of Notrecht or need right"
fixed upon by the German encyclo-
paedst Brockhaus, as follows:
The term law of necessity is appli-
cable TO the supposed right to transgress
the Law in order TO escape a danger that
imperls ones own existence, when it is
not possible to avoid il otherwise.
The Spanish writer proceeds to
point out that necessity never jusri
ies an unjust act nor legalizes an
Illegal act" and that it can at most
DO no more than temper the RESPONSE
hllity ~ the door for bis deed. Ne
cessitN - not a matter of opinion, but
"a Juridical concept that has very
precise and strict meaning"
that peril should exist and peril
I" selfexstence, as Brockhaus puts
IT, And it is not sufficient, remarks
Senior Maeztu, for Government to
proclaim necessity in violating the
law Of nations: it must demonstrate
IT, Has Germany been able to jus
tfy the invasion of Belgium" the
Spanlard asks. No need to answer
And he goes on to remind us that
even if Germany had shown or could
show that invasion to have been nee
essary, she would still stand con-
victed Of illegal action. Furthermore,
necessity does not even mitigate the
offence if it can be shown that the
offender, by his earlier conduct, HIM
self created the necessity
ON these correct premises it is easy
enough to show, Senior Maeztu de-
clares, that:
The Germans went to war hec.use
they desired TO do so. and not at the i'm
pulse of necessity.
They invaded Belgium, not from ne
the shortest way to Paris.
Ihey sent the Zeppelins upon London.
not because OF necessity but because
they Imagined that with them they would
terrIfy the people of England.
They discharged their asphyxiating
victory
They ordered the unrestrained en-
ployment of submarines not from neces-
sity, but with the conviction that in a
rev months 1t would prevent the provis-
foning OF England.
They have spread desolation upon re-
Irement from the invaded territory Of
France. not from necessity. but for the
purpose ~ terrifying the Allies and oblig-
ing them to make peace"
The New York Sun adds:
one plea remains, the plea of "bio-
logical necessity" Germany. we are
told by her apologists in neutral
countries, had an excess of popula-
ton and had TO find room for them
ore graves. But the Spanish journal
ist points to Germany's rich and nm
developed colonies. to the 1000 600
foreign lahorers permanently en-
ployed within her borders, to the :
100000 Russians who were imnortod
Tor harvesting and were made prison
ers at the outbreak of the war. TINS
making possible the mobilization of
millions more of Germans than the
French General Staff foresaw in i+s
calculations.
The truth is that German "neces-
sity' was the initial outrage of the
war. contemporaneous with the inva-
sion OF Belgium. to justify which i,
was advanced as a plea in abatement.
Lake other false pleas of guilty men
and nations, it can but serve to
magnify the penalty the lawhreaker
must ultimately pay.