The sun., 1919-03-12
ALLIES SPLIT ON
FATE0F KAISER
Committee United on Guilt,
but Divided About How He
Can Be Punished.
HIS CHIEF AIDS AIMED AT
Won Tirpitz, Ludendorff and
Others to Be Tried for ViO-
lating Rules Of War.
HIS CHIEF AIDS AIMED AT
By Stu6 Correspondent of THE Sun.

Copyright. 1913; oil rights reserved,
PARIS, March 1.-Two reports are
expected now from the Committee on
Responsibility for the War, which
must complete its labor this week. One
may hold the Kaiser responsible for
the war and demand his extradition
and production before an international
commission; the other will hold him
morally responsible, but will contend
that there is no law under which he
can be tried. Branding him thus, it
will be argued, will be terrible pun
ishment in itself.
On the other hand. while the former
Kaiser may escape, the indications are
that demand will be made upon Ger
many in the peace treaty to deliver up
the ministers and others held RESPONSE
BILE for the violation Of the laws of
war. who will be prosecuted under the
laws OF the nations whose nationals
were affected thereby. For example,
the case of Capt. Fryatt could be taken
as the basis for such demand and
prosecution.
There appears to be practical unanim-
ity in the committee on these points and
disposition to aim at Admiral Won Tir-
pitz and Gen. Ludendorfr. Regarding
the Kaiser there is still hope of an agree
ment IN the committee. but 1t is clear
this can be reached only when other ma
tions, notably France, accept tho Arneri-
can viewpoint, which Is that the Kaiser
cannot be held legally responsible except
under the laws of his own country.
Case for German Tribunal.
Supporting this contention It was
pointed out to-day that in the first place
war never has been a crime but a per-
fectly legal way OF adjusting differences.
Whether the Kaiser was justified in
plunging his nation into war cannot be
determined by an international tribunal
in a strictly legal sense, but 1t could be
taken up legally by the German people.
In the absence of any international
law under which he could be prosecuted,
according to the American viewpoint,
such action would be likely to make him
a martyr in the eyes Of many, which
should be avoided, the moral condem-
nation of the world being desired most OF
all and considered to be in a sense the
most awful form OF punishment that
could be inflicted.
Another objection urged is the impos-
sibility of obtaining a trial by an i'm
partial jury, the same argument that
was advanced in the case of Jefferson
Davis after the civil war. one sugges-
ton made Is that the former Kaiser
should be turned over to the German
people. Information received by the
Americans is that the feeling in Germany
is more one OF contempt for the Kaiser
as a physical coward, running away at
the first sign of danger, but the Germans
are not Yfkely to-pf. ash MIN. 80
Kaiser n Political Refugee.
The status OF the former Kaiser in Hol-
| land to-day Is that Of a political refugee
and the United States always has re-
fused to give up any one on charge OF
| political crime.
| The most interesting point Is in re-
gard to the Kaiser's Ministers and tho
demand In the peace treaty for their de-
liyerance for punishment. which will be
! rather unprec edented, but the Allies then
will settle among themselves which ma
ton shall prosecute them for instigatins
directly and sanctioning violations OF
the laws of war. The Kaiser's respon-
sibllity for such violations is held to be
| indirect.
II the committee is unable to agree Il
will be for the conference TO decide
which finding to accept This foreshad-
| ows an interesting discussion.