Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-08-03
FAIL TO FIND
A CHARGE ON
WHICH TO TRY
THE EX.kA|SER
Absence of Precedent In Trial
of Former Emperor Puzzles
Legal Talent Of Eng
land.

Universal Service STAFF Correspondent.
London, Aug 2.-There is no
precedent in English law; a court of
competent jurisdiction is non-exist-
emit at this moment; no formal
charge has been lodged. Yet Mr..
Lloyd George has announced before
the House of Commons that Kaiser
Wilhelm II. that was will be sum-
>moned before court sitting in Eng
land as plain Wilhelm Hohenzollern
to answer for the crime of violating
the laws of humanity.
When the allied council at Paris
seeks to translate from the realm of
sentiment to the world of fact the
vaguely defined cry of vengeance
against William of Hohenzollern,
Immediately a thousand, and one
elements of confusion arise to rem
der the accomplishment of this am
bition matter of painful and CROP
ing difficulty.
Limited Jurisdiction.
In the first place, this proposed
court will be one of limited jurisdic
ton, according to Lloyd-George's
statement. By the insistence of the
American members sitting tn the
allied council, power to impose the
death sentence has been removed
from the purview of the interna-
tional high court. In other words,
it is as if counsel for the defense in
a capital case before a New e DIRK
supreme court should successfully
move instruction from the judge to
the jury that in its deliberations it
should disregard murder in the first
degree.
No One Knows Charge.
What, then, will be the specific
charge against Wilhelm? The an
swer at the time, of writing is, None
knows" Violating the laws of hu-
manity? There exists no code of the
laws of humanity; even the vaguely
so-caled international law is not
coditied; it is mere theory subscrib
cd to by no nation or group of ma
tons. Violating treaties? Treaties
are made between nations and the
penalty for violating such has been
hitherto just plain war or threats of
war; no court ever existed which
could claim jurisdiction over viola
ton of treaty contract.
May Attack Validity.
Counsel for the prisoner may we'll
attack the validity of this court, as
the Universal Service correspondent
has been advised by barristers jeal-
Gus of the ancient integrity Of Eng
lish law, on numerous grounds; the
chief of these would be that the in
ternational high court derived its
jurisdiction solely from the military
success Of a group of nations and
was, in fact. tribunal OF strictly
military character disguised under
the forms of civil Jurisprudence. Alb
stract Justice could not be found
therein, these legal lights argue, be-
cause as court of enemies imposing
its will through military triumphs
this tribunal would be inherently
biased. Naturally, there can be nap
peal from the decision of this court
If objections of Wilhelm's counsel
against the procedure of the court
are overruled they have no recourse
No authority in Britain has We,
f.x,,~J ,,,,tI, ,cta az
nation or group of nations hailine
the monarch of another before Their
specially constituted court for trial
1t is announced from Paris thai
already the names of II German
commanders deemed guilty of bar
barisms and violations of the rule:
IF warfare have been handed in tc
the inter-alied council by the British
admiralty and that similar lists o
offenders are being prepared by 9th
er of the allies. These men, if ap
pretended, will face a mixed mill
tary court composed of representa-
tives of the offended powers.
Dutch officials View.
The Hague correspondent of TIL.
Telegraf has had an interview will
a highly-placed government officia
regarding the position of the ex
kaiser and the eN-crown prince il
Holland. The official said:
There have been repeated report
and kilograms about the escape" o
the ex-crown prince. There can b.
no question of escape, as both til
Hahenzollerns are at full liberty t.
leaver our country. The Dutch gov
eminent could no nothing against il
On the contrary, We have every rca
SON to assume that they both know
quite we'll that their departure wou'
be in no way disagreeable to tn
government. There can only be
question of escape if sudden an
nnprepared departure, as it we're b
surprise, is contemplated, withou
any one knowing where tine fugitiv
has gone. Such a departure woul