The sun., 1919-08-13
STOPPATO OPPOSED
TO TRIAL OF KAISER
Italian Deputy Asserts 1t Is
Contrary to All Judicial
Procedure.
BY the Associated Press.

RoME, Aug 12-Deputy Stoppato, a
leading member of the Parliamentary
Commission which is studying the peace
treaty, an eminent authority on interna-
tional law and professor of the Univer-
s!ty Of Padua, in an interview to-day
condemned the treaty's provision for the
punishment Of those responsible for the
var and trial Of the former German En-
peror as a mistake opposed to all the
ule of modern judicial procedure.
Il certainly do not defend the Kaiser,
who Is more han a criminal, but his
trial would be a mistake from the po-
litical viewpoint" Deputy Stoppato said.
There certainly should be obtained a
guarantee of International safety against
further troubles. but this will not be
found in the trial of the Kaiser.
How can We speak of penal trial
against a sovereign without considering
the constitution of his country and the
thought and will of his peoples? Was he
the exclusive cause of everything or was
he the executor of the peoples will? In
his trial accusor and Judge would be the
same. 1t would be impossible to secure
an u~nprejudiced and impartial judge
among his prosecutors. A Judge must
be sought among the n~eutrals. who
would be unwilling to assume the re-
sponsibility Of presiding over the court
Crime Ex Post Facto.
Then there would be need of the tes-
timony of neutrals. All the archives
and chancelleries OF the neutrals must
be opened for the production OF evidence.
This is a virtual impossibility. The
crime the Kaiser is alleged to have COM
mitted is ex post factor. 1t is a prin-
ciple Of law the world over that moth
ing adjudged a crime after the act Is
committed Is punishable. This Is a case
OF trying to create a new crime after
h act has been committed. His crime
is created for this special trial. but
heretofore has not been defined by his
accusers.
There Is nothing about international
morality in the International code, nor
does there exist a treaty which estab-
fishes punishments for violation of
treaties International morality is elias
tic. Treaty violations always lead to
complex dislomatic questions which are
not judicial There Is no established
procedure for this e~ventuality and no
guarantee of the rights of the defense.
Judges could not be appointed who would
be the accusers Accuser and Judge
must be absolutely separate.
Holland should Keep Him.
"If Holland will protect her dignity
and international faith she will decline
to deliver the Kaiser. Extradition is
an institution based on judicial brother
hood. subordinated to respect for the
sovereignty OF States, great and small
Extradition is never granted for polit-
ical crimes. In no extradition law ex
listing is there provision for the extra
dltion of n accused of the same crime
as that charged against the Kaiser,
This attitude does not mean that we
| are not going to ratify the treaty. We
! simply announce our attitude on this
question We accept all the points OF
| the German treaty without n change
in the original draft. We simply wish
to feel that we have published our view
on this important matter, in which q
mistake might be committed"
The aged Deputy Luzatti. who has
assisted In the conclusion OF twenty
eight treaties, including those with Bis
marck, Gladstone and Theirs, is chair.
man of the committee.