The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1919-01-22
French Jurists Report on Ena
peror's Responsibility.
SPECIAL COURT TO BE
CREATED TO TRY HIM
Larnaude and De Lapradeae.
Consider The Hague Incon-
petent to Try Hohenzolleaa.

Paris. jan 19.-Some points in the
report to which Premier C1emenceau
referred yesterday when he said he
had consulted TWO eminent jurists on,
the penal responsibility of the former.
German emperor were made public,
today. The report was drawn up by
Ferdinand Larnaude. dean Of the
Paris law faculty, and DR.. A. G. De.
Lapradelle, professor of rights Of na-.s
tions in the same faculty.
Tie object of the inquiry was to in-ss
vestigate from: purely jurisdical
point Of view if the crimes commit;
ted by the German government and
army involved the penal responsibility
of the former German emperor, what
tribunal should judge him and wheth-l
er his extradition could be demanded.
The authors of the report give a.
long argument against bringing the
ex-emperor before tribunal of COM
mon law because his will command
ed but his hand did not execute.
They say that he was not the princl-t
pal offender and that therefore he
could only be punished as an accom-
plice. An international tribunal COM
"a
sequently must be founded. They
consider The Hague arbitration court:
founded at the 1899 conference in-
competent to try him, as the court
was meant for cases where no PEN
atty is to be applied. They argue that
an entirely new jurisdiction be Great.
ed which should be the first instrui
ment Of a league of nations and ia
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
Ia political refugee. The report says:
1T is anti-jurisdical to assimilate
war with conspiracy. Crimes Of war
,seaaee-4essines- of public -law-and inter-
national law, not political crimes. !"
The authors of the report COM
mence by establishing that no penaI-s
ty 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, ''as king Of Prussia
is president of the confederation by
virtue Of a special law in which hue
man will does not enter The German
sovereign depends only on God and
the sword. With such a conception OF
power it would he unjuridical to the
highest degree to allow the emperor
to escape responsibility for his ac-
tior; 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:
his responsibility for acts Of terror
ism by his troops, which he willed and
ordered
The report quotes letter from the
former emperor to the emperor Of
Austria in the early days Of the war
in which the Gernna 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
use humanitarian methods it may
prolong for years. Despite all my
have had to choose the
first system
The words at" Ind ''rny'' in the let
ter are italicised in the report. =
Modern law" the report continu-
ed docs not recognize irresponsible
authorities, even at the summit Of
hierarchy. 1t brings state down
from its pedestal and makes it sub
nit TO the rule Of the judge.
There can therefore be no ques-
ton Of saving from the Judge man
who is at the summit Of hierarchy.
NIL or Of inte-no tiOna1 1aw'