The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1919-01-23
DECLARE EX.kA|SER
CAN Be PUNISHED
TWO EMINENT JURISTS REPoR7.
ED TO CLENENCEAy.
State William HohenEollern Can IL
Held Responsible for Ger
many's Grimes

Paris, Jan. 19-Some points in
the report to which Premier Clemen-
seau referred yesterday when he said
he had consulted two eminent 5ur-
ists on the penal responsibility or
the former German Emperor, were
made public today. The report vas
drawn ap by Ferdinand Larnaude,
.de3a of the Paris law faculty, and
Br. A. G. De Lapradelle, professor
! Of rights Of nations in the same fac
slty.
The object OF the inquiry was TO
investigate from purely judicial
point of view il the crimes commit
ted by the German Government
and army involved the penal respon-
sibility of the former German En-
peror, what tribunal should judge
him and whether his e1tradition
could be demanded.
The authors of the report give a
long argument against bringing the
ex-Emperor before tribunal OF com
. mon law, because his will commanded
but his hand did not e&ecute They
say that heswasSnot principal Offend
er and therefore he could only be
punished as an aecomplice. An inter
national tribunal consequently must
be found. They consider The Hague
3 arbitration court founded at the
1899 conference incompetent to try
him, as the court was meant for cases
where no penalty is to be applied.
They argue that an entirely new jur-
isdiction be created, which should be
the first instrument of league OF
nations and in which should appear
exclusively the States which fought
&ermany.
The two French jurists prove that
the extradition Of the former German
ruler can not be refused as he is not
q political refugee. The report says:
.Tt is anti-juridicisl to assimilate
war with conspiracy. Crimes Of war
hare crimes of public law and inter
htiSnal law, not political crimes"
srhe authors of the report com
Yhences by establishing that no penal
10y is possible against a nation any
more than against company but
that the manager or director of a
company can be punished.
HohenDollern Guilty.
The Emperor in the first place"
says the report "as King Of Prussia
is president of the confederation by
virtue of a special law in which hu-
man will does not enter. The Ger
man sovereignty depends only on God
and the sword. With such a concep-
ton of power it would be unjuridi-
tcial to the highest degree to allow
the Emperor to escape responsibility
for his actions; his responsibility
for the war for which, under the Con-
stitution, the decision belonged to
him alone; his responsibility for vio-
lation of Belgian neutrality, which
was willed by him; his responsibility
for acts of terrorism by his troops,
which he willed and ordered"
Fire and Blood.
The report quotes letter from
!. Che former Emperor to the Emperor
Of Austria in the early days Of the
Awar in which the German Emperor
wrote:
'sMy soul is torn asundeT, but ey-
8ything must be put to fire and
blood. The throats Of men and wom-
en-, children and the aged must be
cut and not . tree nor o house left
standing.
with such methods Of terror Of
which alone can strike so degenerate
a people as the French, the war will
finish before two months, while if
use humanitarian methods it may
prolong tor years. Despite all my re-
pugnance I have had to choose the
first system"
Uses Words II and Ny"
The words 'I" and "my" in the let
ter are italicized in the report.
Modern law, the report continues,
"does not recognize irresponsible au-
fhorities even at the summit Of heir
archy. It brings state down from
its pedestal and makes It submit to
She rule OF the Judge.
! There can therefore be no sues-
tion Of saving from the Judge man
who is at the summit OF hierarchy.
Either by the application OF interna-
tipnal law.
- Married On shursday.