Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-01-20
MUST TRY KAISER,
FRANCE ADVISED
He Urged Cutting Throats
of Aged. Expert Jurists
Make Report
WORLD COURT NEEDED
Argue Against Bringing Arch.
Criminal Before Tribunal
of Common Law

Paris. Jan. 20.---Some points in the
report 10 which Premier ClcmenCeau
referred when he said he had con.
suited two eminent jurists on the penal
responsibility of the former German
Emperor were made public yesterday.
The report was drawn up by Ferdinand
Larnaude. dean of the Paris law fac.
ulty. and DR.. A. G. DeLapradelle. pro.
fessor of rights of nations in the same
faculty.
The object OF the inquiry was to
investigate from purely juridicial
point Of view whether crimes com.
mitted by the German Government
and army involved the penal respon.
sibility of the former German En-
peror. what tribunal should judge him
and whether his extradition could be
demanded.
/ 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
{ NV soul is torn asunder. but evegy-
thing must be put to fire and blood.
The throats of men and women,
/ children and the aged, must be cut,
and not tree nor house left
standing.
With such methods Of terror,
which alone can strike SO dCgen.
crate people as the French, the war
will finish before TWO months, while
il | use humanitarian methods il
may prolOng for years. Despite all
my repugnance, ! have had to choose
! the first system.
The words "I" and my" in the letter
are italicized in the report.
Hand Did Not Execute
The authors OF the report give a
long argument against bringing the
eX.Emperor before a tribunal of com
mon law. because his will commanded
but his hand did not execute. They
say he was not the principal offender
and that, therefore. he could only be
punished as an aCCompliCe. An inter
national tribunal consequently must
be found. They consider The Hague
arbitra tion court founded at the 1899
conference incompetent 10 try him, as
the court was meant for cases where
no penalty is 10 he applied. They argue
that an entirely new jurisdiction mus'
he created which should be the first
instrument Of a league of nations anc
in which should appear exclusively the
States which fought Germany.
The two French iurists prove thai
the eXtradition Of the former German
ruler cannot ne refused, a. lie is not
political refugee The report says;
1T Is ant!.judicial TO asSimilat,
war with conspiracy. crimes Of wal
ifrNsa .Af p N.
tiona law, not po,irca' crime"
Like a Business Firm
The authors Of the report cc!pmenct
by establishing that no penalty i,
possible against . nation any NOR,
than against company but that tn.
manager or director Of a company car
be punished.
The Emperor in ,he first place,
says the report. as King OF Prussia il
president OF the confederation hy ylr
tue OF special law I'm which human
viii does not enter. The German soy
ereiGn depends only on God and III,
sword. Wilh such "A conception q
power II would be unjudic.al to tn
highest degree 20 allow tho Emperor [,
escape Responsibilities for his actions
his responsibility for the war. 70
which, under the constitution decision
belonged to him alone, his respons
bility for violation Of Belgian nel
trality. which was willed by him; hi
responsibility for acts OF terrorism b
his troops, which he wiled an
, ordered:
Modern law" the report continues
does not recognize irresponsible
authorities, even at the summit O
hierarchy. II brings a state down rror
it's pedestal ana makes il submit to III
rule Of the judge.
There can, therefore. be no due,
ton of saving from the Judge a ma
who is at the summit OF hierarchy
either by the application Of intcrna
law or Of international law
BOurg-ois cites Precedent
= Leon Bourgeois former Premier uiI
French authority on the league Of ui
p tons in statement 20 the MHtiu. u't
" as precedent for rhe puuishment
; Germans OF all degrees convicted ~ yl
] lat.Ou Of the laws Of war. the case
o Henry Mirz. who was tried by cOur
7 martial and executed after the civil VI
for crIcltles suffered by northern prisoi
= ern in the camp he commanded at Al
=, dersouyille, ia,
. Cz-zz-AT Emuzz-