Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1919-01-20
EXTRADITION OF FORMER
KAISER CANNOT BE DENIED

Paris, Jan. 19.-Some points in the
report to which Premier Clemenceau
referred when he said he had con-
suited two eminent Jurists on the
penal responsibility Of the former
German emporer, were made public
today. The report was drawn upI
by Ferdinand Larnaude, dean of the
Paris law faculty, and Dr.. a. c. Del
Lapradele, professor OF rights of ma
uons in the same faculty.
The object of the inquiry was to in
VestIgate from d purely juridicaI point
of view if the crimes committed by
the German government and army in
volved the penal responsibility OF the
former German emperor, what tribu-
nal should judge him and wheter
his eXtradition could be demanded.
The authors Of the report give a
long argument against the bringing
Of the eN-elnperor before d tribunal OF
common law, because his will COM
manded but his hand did not execute.
/ They say that he was not the princi-
pal offended and that therefore he
could only be punished as an accom-
phce. An international tribunal con-
sequentIy must be found. They con-
slider The Hague arbitration court
founded at the 1899 conference is
competent to Try the emperor, as the
court was meant for cases where no
penalty is TO be applied. They argue
that an entirely new jurisdiction must
| be created, which should be the first
instrument of a league Of nations and
III which should appear exclusively
the states which fought Germany,
! The two French jurists prove that
| the eXtraditiOn Of the former German
ruler cannot be refused as he is not
political refugee. The report says:
1t is antijuridical to assimilate
! war with conspiracy. Crimes Of war
are crimes of public law and interna-
! tional law, not political crimes"
The authors of the report commence
| by establishing that no penalty is
| possible against 4 nation any more
| than against q company but that the
manager or director Of a company can
| be punished.
THE emperor in the first place" !"
says the report, as king OF Prussia
| is president OF the confederation by
virtue of a special law in which human
will does not enter. The German SOW
! ereign depends only on God and the
sword. With such conception of
power it would be unjuridical to the
highest degree to allow the emperor
! to escape responsibility for his ac-
| tions; his responsibility for the war
for which under the constitution, the
decision belonged to him alone; his
responsibility for violation of Belgian
neutrality. which was willed by him:
responsibility for acts of terrorism by
his troops, which he wiIled and or
dered."
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
/ everything must be put TO fire and
/ blood. The throats of men and wom-
en-, children and the aged must be
cut and not a tree nor a house left
standing.
with such methods Of terror, whic''
alone can strikes SO degenerate a peo-
pie as the French, the war will finish
before two months. while if I use hu-
manitarian methods it may prolong
for years Despite all my repugnance
l have had to choose the first sys-
tenn"
The words Ct and my in the
letter are italicized in the report.
Modern law" the, report continues
"does not recognize irresponsible au-
thorities, even at the summit OF hier-
archy. 1t brings a state down from
its pedestal and makes it submit Il
the. rule of the judge.
There can therefore be no question
of saving from the juUge a man who
is at the summit Of hierarchy either
by application Of internal law or o
International law"