The daily star-mirror. (Moscow, Idaho) 1911-1939, 1919-01-20

PARIS.-(By Associated Press. }
Some points in the report to which
Premier Clemenceau referred yester-
day when he said he had consulted
two eminent jurists on the penal re-
sponsibility of the former German
emperor were made public today The
report was drawn up by Ferdinand
Larnaude, dean of the Paris law fac
ulty, and DR.. A. G. DeLapradelle,
professor of rights of nations in the
same faculty.
The object of the inquiry was to
investigate from purely jurisdic-
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 ex-
tradition could be demanded.
New Tribunal is Needed.
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 that he was not the prin-
cipal offender and that therefore he
could only be punished as an accom-
plice. An international tribunal con-
sequently must be found They con-
slider The Hague arbitration court
founded at the 1899 conference incom-
petent to try him, as the court was
meant for cases where no penalty is
to be applied They argue that an
entirely new jurisdiction must be Gre
ated, which should be the first instru-
ment of league of nations and in
which should appear exclusively the
states which fought Germany.
The two French jurists prove that
the extradition of the former Ger
man ruler can not be refused, as he
is not a political refugee The re-
port says:
Crimes of War Not Political
"It is anti-juridical to assimilate
war with conspiracy. Crimes of war
are crimes of public law and inter-
national law, not political Crimes
The authors of the report commence
by establishing that no penalty is
possible against a nation any more
than against a company, but that the
manager or director of a company
can be punished.
"The emperor, in the first place."
says the report, Gas king of Prussia
is president of the confederation by
virtue of a special law, in which hu-
man will does not enter. The Ger
man sovereign depends only on God
and the sword With such a con-
ception of power it would be unjurid-
ical to the highest degree to allow
the emperor to escape responsibility
for his actions; his responsibility for
the war for which, under the consti-
tuition, the decision belonged to him
alone; his responsibility for viola
tion of Belgian neutrality, which was
willed by him; his responsibility for
acts of terrorism by his troops, which
he willed and ordered
Letter is Quoted.
The report quotes 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 every
thing must be put to fire and blood.
The throats of men and women, chill
dren and the aged, must be cut and
not tree nor a house left standing.
"With such methods of terror,
which alone can strike so degenerate
a people as the French, the war will
be finished before two months. while
f I use humanitarian methods it may
prolong for years. Despite all my
/ have had to choose the
first system
The words S'I" and "m" in the let
ter are italicized in the report.
"Moderh law" the report continues,
does not recognize irresponsible au-
5horities, even at the summit of
hierarchy. 1t brings a state down
from its pedestal and makes it SUBJ
nit to the rule of the judge.
"There can therefore be no question
If saving from the judge a man who
S at the summit of hierarchy, either
1v the application of internal law or
If international law"