New-York tribune., 1919-09-06
Lansing Says Commission
Was Unable to Find Laws
to Tax Wilhelm With
Blame for Starting War
Future Statute Needed
Violations of Customs of War
Only Charge on Which an
Agreement Could Be Made
CnrcjnI Corresnou,Ieu.

Special Correspondence
BOSTON Sept. 5.-Robert Lansing,
Secretary of State, addressing the
American Bar Association conven-
ton here to-day. discussed the find
irgs Of the peace conference commits
sion Of responsibility for the war in
the case against the former German
Emperor Mr. Lansing said that only
three charges had been made against
the eX-kaiscr, and OF these TWO we're
rejected as having no legal support
and the other resulted in disagree ement
among commission members 1t was
the minority report filed by the Ameri-
can delegation, Secretary Lansing said,
whcht finally formed the basis of the
peace treaty clause remanding the
former emperor for trial.
Secretary Lansing said in part.
III was apparent at the beginning
OF our session. that certain melnbc
Of the commission were determined be-
iore everything else to bring the Kaiser
to trial .ov 4 criminal offence before
an international high tribunal Of JUS
tlce, 10 o. constituted fog The purpose.
primarily. o. determining his guilt and
imposing suitable penalty for his
crimes
There were three charges which
could be urged against him, namely.
that he was responsible for the war,
that he was responsible for the viola
tlon of the neutrality Of Belgium and
Luxemp pourg and that he was chargeable
with tlagrant violations OF the laws and
customs Of war perpetrated by the
armed forces Of Germany.
he first two charges we're the ones
which appealed most strongly to pub ic
opinion and aroused the oittercst in
dlgnation both n Europe and America.
1T Was under this pressure Of popu-
lar demand and handicapped by the an
nounced purpose OF certain Of It's mem
bers 10 punish the eX-haiser that the
commission began its task of studying
the question OF his criminal respons-
blllry. From every point OF View the
question vas examined and the argu-
ments for and against his trial were
considered but in the end it vas unan-
imously decided that report cou.d not
be made charging the eX-Kaiser with
leGa! criminalitT 1or BEGINNING the war
or FOR invading Belgium and LuXem-
bure
at was recognized that he had COM
mtted d great moral crime. an unpAr-
donabe offence against humanity, but
the commission was forced to find that
there WAS no positive law declaring
acts such as he had committed to L,o
criminal and imposing = penalty on the
pc spetrator. The decision was reached
with reluctance. because O. The firm
conviction that the German ruler vas
gui y. although his guilt W2s not o.
a nature which cou d be declared and
punished by . judicial iribuaal.
The thir- & arge, IS TO violations OF
the laws and customs Of war. was the
one on winch an agreement could not
be reached. The conclusion IN the re
port is thus stated
All persons belonging to enemy
countries. however high their position
may have been. without distinction or
rank, including chiefs Of states who
have been guilt, OF offences against
the laws and Gus eom, o, war CT the
laws Of humanity, are liable 10 Grim
inai prosecution
TO this conclusion The American
memoers OF the commission dissented
the scheme for the creation o! q
high international court of criminal
jurisdiction. with It's complex ma
ch.nery and necessity for national leg
isla-ion to give it authority, TO admin
ister criminal laws enacted b. various
nations and also TO interpret and apply
the laws of humanity, was a novelty to
which the American representatives re-
fused TO give full approval"
SSNttNrtS l-diiHii!Es Hi4u ti4etl ia iO..t
ism. as opposed 70 the pseuGo- interna
tienai;sm that had sprung ~ most CON
spicously in Bolshevik Russia. l. pro
vded for and would be maintaine &!
under the league Of nations Tie con
cluded:
"Nationalism must be maintained at
all hazards. 1t must not be supplanted
ry liundanism
peace among nations will prevail
when their conduct toward one another
is governed By just laws and when
they submit their controversies to an
impartial judiciary which will decide
them according to the immutable prin-
ciples of justice.
"T9 the achievement Of this great
~ao" we should give our carnes. sup
port 10 ernationalism a true inter
natlonalism which is founded or a deep
and abiding faith in nationalism as
the essential element Of the present
order. To-day by common purpose and
BY united effort much may be accom-
plished. If we wait for moro propi-
tious time that time may never come.