South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-09-03
SEPTEMBER 3. 1919.
The CASE OF EDITH CAVELL.

IT, as minority members of the committee on
military of the American Bar association de-
clare. the Germans were within their legal rights
under laws Of civilized warfare" in killing
Edith Caveu then there will be loud and insistent
demand that the regulations OF be changed
as to make a similar deed forever impossible. And
If the minority report Of the committee is
then there is equal necessity clearly
laws governing such prevent hereafter
any defense OF military outrage by lawyers super
sensitive 10 the technical profession
No other Edith Caveu must be sent to martyrdom.
However moderately may view the findings
the nquirers for the bar association that the
staying Of Miss Caven was permissible. there will
be widespread intolerance of another incidental
sertion:
The fact that her trial attended
by the brutality and duplicty which common
~ marked the exercise of military power by The
German command does not alter this aspect OF
the ('This aspect is the reasoning that If
the Germans relied upon international law
then denunciation OF The execution should
be followed by the demand that the death
for should be prohibited)"
Still, barring the mere fact" of Edith Cavells
unfair trial at least as it is reputed reports.
the lawyers are probably half right The savage
outrage was semi legally performed because civil
lzation had not properly attended it's business
after a that would have made such methods
wholly illegal This is trouble with whole lot
OF people. We fail 10 distinguish between what
law is and what it should be until the law it is
has outraged someone. Germany. had she afforded
Miss CavelI a fair trial from chicane and du-
pllcity. might legally have found the guilty
just the same, and imposed the same punishment.
had that country had the moral and humane acu-
men to have done so.
But just about that treaties and information
a law THE laws usages of what we are
pleased 10 refer to as civilized warfare had all
been aside by Germany as mere scraps Of pa
per" which the lawyers should bear in mind That
estops Germany from claiming anything that she
did as legal. When by her own proclamation Ger
many substituted the law OF self conceived neces-
sity for treaties and international law and usage.
the rules Of civilized warfare. she outlawed
herself and became bandit with no rights that
anyone needed TO respect. within the scope of such
treaties. laws. usages and rules. She cannot claim
the privilege 10 eschew disregard and scrap" the
laws and usages OF civilized warfare" and then
claim their protection when perchance she happens
to keep within them.
That Is where the lawyers. I'm that minority re-
port really Numbered If what Germany did to
Edith CaveIl had been done by England France or
America. with a fair trial addenda it would have
been different for they never abandoned
those rules OF warfare upon which the
report was predicted. They could claim
the protection of what they stood pledged TO re-
spect. 1t would be well. however if international
law. through q League OF Nations or otherwise
were rewritten and those rules OF warfare were
somewhat revised, even for England France and
America. There should be no excuse for such meth
DDS left to anyone.