The Hartford republican. (Hartford, Ky.) 18??-1926, 1919-01-24

he had consulted two eminent jurists
on the penal responsibility Of the for
mer German emperor, were made
public today. The report was drawn
up by Ferdinand Larneude, dean of
the Paris Law Faculty, and DR.. A. G..
DE Lapredelle, professor of rights of
nations in the same faculty.
The object Of the inquiry was to in
vestigate. from purely juridicial
point of view, IL the crimes committed
by the German government and army
involved the penal responsibility OF
the former German emperor, what
tribunal should Judge him and
whether his extradition could be de-
manded.
The authors of the report gave a
long argument against bringing the
ex-emperor before a tribunal of COM
mon law, because his will command
ed. but his hand did not execute.
They say he was not the principal
offender. and that, therefore, he could
only be punished as an accomplice
An international tribunal consequent
~ must be found.
They consider the Hague Arbitra-
ton Court, founded at the 1899 con-
ference. incompetent to try him, as
the court was meant for cases where
no penalty is to be applied. They
argue an entirely new jurisdiction
must be created, which should be the
first instrument of a league of ma
lions. and in which should appear
exclusively the states which fought
Germany.
The two French jurists prove that
the extradition of the former German
ruler can not be refused, as he is not
a political refugee. The report says:
1T is anti-juridicial to assimilate
war with conspiracy. Crimes of war
are crimes of public law and interna-
tional law, not political crimes"
director" Punishable.
The authors of the report com
mence by establishing that no penalty
is possible against a nation any more
than against company, but that the
manager or director of a company
can be punished
The emperor in the first place,
says the report, las king of Prussia,
is president of the confederation, by
virtue of special law in which hu-
man will does not enter. The Ger
man sovereign depends only on God
and the sword. With such concep-
ton of power, it would be unjuridi-
cial to the highest degree to allow the
emperor to escape responsibility for
the war for which, under the cOnsti-
ton, the decision belonged to him
alone; his responsibility for violation
of Belgian neutrality, which was will
ed by him; his responsibility for acts
of terrorism by his troops, which he
willed and ordered"
"Use Fire And Sword"
The report quotes "A letter from
the former emperor to the emperor
Of Austria in the early days of the
war in which the German emperor
wrote:
My soul is torn asunder, but
n i,,o Io five nd
blood. The Threats of men and wo-
men, children and the aged must be
cut and not a tree nor a house left
standing.
with such methods of terror.
which alone can strike so degenerate
a people as France. the war will
finish before two months, while if
use humanitarian methods it may
prolOng for years. Despite all my
repugnance. have had to choose
the first system
The words "I' and my in the
letter are italicized in the report.
Modern law" the report con-
tinues, does not recognize irrespon-
sible authorities, even at the summit
Of hierarchy II brings state
down from its pedestal and makes it
submit to the rule of the Judge.
There can" therefore, be no ques-
ton of saving from the judge a man
who is at the summit of hierarchy,
either by the application of internal
law or of international law"