Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1917-09-07

kind of work useful to the German empire
II j. soon found an absolute necessity 10
empty u Belgian Ia replenI~h q. German
factory. II a German politician thinks
that a certain rule imposed on Belgium
will have some political Importance in
Germany in q quarter of u century. that
rule will be established in Belgium bv alb
solute necessity If Belgian courts seem
too fair to the Germans To he relied upon
when n German interest J. involved, il will
he an absolute necessity 10 modify the
rules of those courts and 10 bring before
n special court. made in GERMANY" an
questions in which such interest j. con
cerned.
I'VE must never forget, and the Brus-
sells bar repeated it time and again to
the German commanders, we must never
forget that generally speaking the writers
of the 10Th century nave followed Mon
teSquieu'S and RouSSeau's teachings
which denied the lawfulncsS of the right
of conquest. IL has been generally adj
mitted, and the Hague convention confirms
il, that conquest BY itself i merely an
dti vi lllEHi diu .lN'N UO permanent IlEHl
10 the conqueror over the occupied terri
tory, unless a peace treaty confirms it.
But of course, when the legitimate ruler
of the country can no longer enforce hi~
enactments IN hiS state and a foreign ar
my occupies it. circumstances arise where
il j. a necessity to modify or even to sup
press the existing legislation and replace
il by q more adequate rule. The Hague
convention SAYS regarding this:
4" Art. NLIII. The authority Of legal
power having passed de facto into The
hands Of the occupant. the latter shall take
all steps in hi power 70 re-e~iabli~h and
insure, ~ far n possible. public order
and safety. while respecting. unless ab~o-
lntcly prevented. the laws in force III the
country
"All this reads very well in books. hr.
when tested ~ the facts in Belgium. the
Hague conventional any rate III ihi-
matter proved almost valnelc~~. Ii I,
very nice to say that the occupant shall
not modify the existing law ~ the oc-
cupied territory except IN ease VI absolute
necessity. But. ~ | have already asked.
what i absolute necessity, II may be- y
moral-ar rather immoral-it may he .
legal or Illegal. il may ~ an economic
necessity: il may be q political or a mill
tarv necessity. Who h. in decide Who
j. 10 be the Judge of this most perplexing
issue! Should the ease H. decided. like
~ ordinary ease. between the government
and the citizens. IN the courts 81 the coun-
try! Or should the military authority
submit "a no Judge ~ all. and simply say
1T j. quite enough ii | say that there ~
such a necessity,
%"lmpotent Hague conventions Mr.. de
Leval exclaimed. III the gentlemen who
sat around the diplomatic tables ~ the
Hague. when drafting the rules nv which
the civilized nations bound themSelyeS Ia
be- governed IN war. could hear III the
sarcasm. all the blame. that was laid ~
~uifsring populations on them for what
seemed 10 he - earele~~lv drafted rule,
they would indeed he unhappy"
During the early days Of the war. Mr.
Dc Lcval declared. apparently The was
no rule. There was" he said. lust the
fnrcy-and most often a cruel sancv-ot
the German soldier that .ulci"