The Dawson news. (Dawson, Ga.) 1889-current, 1918-12-10
EXTRADITING THE KAISER.

The allies are determined to obtain pos
session of the person of the deposed emperor
of Germany if there is any means within
international law by which it can be done
Of course force could be used against Hol-
land to compel the delivery of the emperor
to his enemies Supplies could be shut off
from the country until the government COM
piled with the demands. But these might be
violations of the law of the nations which
the allies are not now in position to commit
without sacrificing their position in the judy
ment of posterity. This is why an effort is
being made to obtain possession of the cul-
prit within legal bounds
Holland occupies an homogeneous position
in the matter. If the deposed emperor is in
termed as a soldier he is subject to any argee-
ment between Germany and the allies con-
corning the final disposition of prisoners of
war. If he is informed as a private citizen
he becomes subject to the law of extradition
and treaties made in pursuance of such law
He is indicted for murder in England, and
Holland cannot set up any techncalities of
the English court or stretch of this English
law in such indictment as defense to his
delivery to the demanding parties, because
the indictments were procured long before
the kaiser fled to Holland. He is a fugitive
from justice in a technical sense and the
comfy of nations like that of the states
recognizes no rights of resistance in the har-
boring nation or state which protects such
fugitive from removal.
Aside from this consideration of the mat
ter the allies are justified in military law in
demanding the delivery of William Hohen-
zollern and others responsible for acts COM
mitted outside the limits of recognized rules
of war and in violation of them. The COM
mander who orders children murdered is
acting outside the rules of war whether his
command be immediate as that of the Of
fcer who personally directed the soldiers to
execute such order or remote like that of the
kaiser who was the supreme war lord and
commander in chief even though his orders
were transmitted through a dozen or more
intervening grades of command. 1t makes
no difference even if he did not directly or
der the commission Of acts in violation OF
the rules of war. If he acquiesced in such
acts when ordered by subordinates they
perforce, become his own, and he is as muct
responsible as though he had given the order.
in person.
1t is conceded that the acts of military of
ficers are not triable or punishable by a civi
court when such acts are strictly military
Acts outside of these are not military, ant
cannot be defended on that ground. Majo
Henry Wirz, military superintendent of tn
Confederate prison at Andersonville, wa
tried and convicted, by a military court
it is true (time has shown the injustice o
his execution and Daughters of the Confed
eracy have erected a shaft to his memory i
the public square at Andersonville), of INA
liciously, wilfully and treacherously conspil
ing to injure the health of and destroy tn
lives" of prisoners of war and of murder i
violation of the laws of war" The principl
of military law has not been changed sine
1865 except to increase the elements O
guilt upon which conviction may be had.
The military power has not been abrogs
ted, and will not be until the civil powers G
the nation accept the terms of peace and Pre-
claim the same. They can require German!
as one of the peace propositions, to delive
the body of the former kaiser to the allie
military authorities just as Germany ws
H. required to deliver its feet to the nav,
mRt horties.