Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1919-01-31
Why Can't | Kill
a German
~
By WILLIAM HAMILTON OSBORNE
Of The Vigiianfes

well Sdy,-inu Wdhl 4" Nil ny
German. Why won't they let me?
One day along comes my opportun-
ity. / overhear two men conspiring to
blow up a bridge over which a troop
train Is TO pass. follow them. While
they are engaged 10 their operations
draw a gun and shoot them dead. I
am satisfied. / have killed two Ger
mans instead of one. And have saved
the lives of thousand American SOL
diers. / am a hero. Nevertheless / get
Jolt. Instead of lauding me to the
skies, the authorities arrest me, and
hold me on the technical charge OF
murder. Why? Well, in the first place,
when the facts come out, the situation
is n little inconvenient. One of the two
men / have killed turns out to be
secret service man, who has pretended
to be q German p, and who has pre-
! tended to fall in with the other mans
plans-his idea being to arrest him,
or even shoot him before the plan can
be carried out. Therefore in this par
ticular case, one of the men l have
killed turns out to have been not only
patriotic American citizen, but a
very valuable American citizen. In my
excess of zeal | have overstepped the
mark. Perhaps I should be held for
manslaughter in the case of the secret
service man-but why should they hold
me for the murder of the German?
And yet they do. He is an enemy alien.
Why the Slayer Is Murderer.
The facts above are purely fanciful
Of course. And yet, they are significant.
He is a slayer, in the suppositious
rase, guilty Of murder-and if so,
why? He is civilian, not assigned to
duty, and not acting under orders. He
is not a wardrobe is not police
officer. Now, every citizen is vested
with several rights. In the first place,
he may defend himself, his home, his
his chattels, to the death.
In the second place. he has the right
Of arrest Where crime is committed
In his presence, he can arrest the
if the offender resists arrest,
he civilian may enforce arrest; if the
of arrest endangers his
,wn life, then he may take life in en-
'orcing the arrest. Take two cases:
belligerent mob, or a detachment of
'nemy soldiers, descend upon a village
n community, with the evident and
vowed purpose of attacking if. Every
nan, woman and child in that COM
nunity has. the right to resist the adj
'ances of that mob or squad of SOL
Hers, and in defending that right,
hey have the right to kill So, too, as
n the instance of the German who had
onspired to blow up bridge, the citi-
en- has the right of arrest-but he
annot kill without first arresting.
Why? In the case at hand, note what
'ould have followed an attempt TO
rrest. The citizen, acting within the
NV, might have drawn a weapon las
lming his right to carry .one) and in
)rm the two men that they were I'M
er arrest. There, then, is a notlfica-
on to them that he is about to en-
'rce his right. This notification draws
nth an explanation-one man says,
ell say: Il am a secret service
nicer. L am engaged in the perform
ace of my duty" On both sides then
lere is an understanding of the sit
alton. The citizen still may enforce
rest. If he can. for the two men have
and he has overheard their
'nspiracy. Attempt to enforce arrest,
ould, In the case at hand, lead TO
e exhibition by the secret service
an, of his credentials. Result, no
'sty murder-no breaking of the law.
stead of that, our man, without af-
rding the two men trial, prejudged
cir case in his own mind, tried ana
nvicted them. and then executed
EN- on the spot. 1t cannot be done.
Be on the Watch.
What Is the object Of presenting
ne, this peculiar situation? Are
nerican citizens to be discouraged
the exercise Of their patriotic zeal7
man TO think twice before killing
German engaged in the performance
traitorous OF seditious act? Yes
cause the man may turn out not to
a German, and not to be engaged
the performance of such an act.
is entitled to be heard in his de-
lse- The national government In this
sis, needs the civilians intelligent
|, not his unreasoning. cratic. i'm
siye, oft-times dangerous blunder-
:. The government department can
'e with any situation-if you viii
them wise to anything suspicious
It you see or hear. One fortunate
Use of the matter is that German
zens loyal to America are at work
over this country engaged in trap
6 and running down disloyal Ger
ms or enemy aliens. The disloyal
fman cannot trust his loyal Ger
neighbor. German spy activity
been well checked. Once a man
les under suspicion, the expert
this OF the country can handle him.
5 up to us, the average American
zens,. TO sharpen our wits, to act.
with blind and dangerous and
ndering zeal--but with care and
ton. DO not do anything that will
ne trap too soon--do not spoil
stratagems Of perfectly competent
this. Your friends and acouotnt