Evening star., 1921-07-10
Escape of Men Responsible
For the Atrocities of War

William Hohenzollern. ex-Kaiser
Of Germany, to trial for his crimes
against humanity. After an up
roarious discussion nothing was
done. = 81.
I venture to express an opinion
which I am quite we'll aware Is
diametrically opposed to the opin-
ion Of nearly every lawyer who
lays claim to any knowledge OF
the legal principle involved. l
know that the universal opinion
and conduct of mankind have
heretofore held government Of
ficials wholly blameless for the
inception and prosecution OF a
war. I am, myself. a believer In
Tennyson's statement, that free
dom should broaden down from
precedent to precedent. 1 do not
understand this statement to mean
that a precedent should be used
as q dam to impede the widening.
deepening and onward flow OF
civilization. 1t may be that courts
should decide their causes. upon
precedents, but they are not wise
for themselves or for their peo-
pie when they do not broaden
down these precedents to others.
Much of the irritation in public
life has arisen from the fact that
courts have assumed that one
case can be at all fours with an
other. This is not true. Napoleon
was wise in more ways than as
warrior And he never disclosed
his greatness more surely than he
did when he provided that the
French courts should not decide
causes upon precedents. Legisla-
tive bodies are constantly COM
PEELED to dispose of precedents by
statutory enactments. The law Is
worth nothing II it is not a
growing science.
50 80
Some centuries ago butcher In
England sent out his wagon in
charge Of two apprentices. One Of
them injured the other. The in
jured apprentice brought suit for
damages against the principal.
The court held that the principal
was not liable and announced
what is known as the fellow-serv-
ant rule. Hundreds Of MANNED
men in America went without re-
dress for their wrongs because
the courts Of the country extend
ed this fellow-servant rule to en-
brace within it's provisions a
track layer and a train dispatcher
a thousand miles apart. So griev-
GUS became the wrong that legis-
latures had to interfere. Great
wrongs arising from the doctrine
of assumed risk and Of contribu-
tory negligence compelled legisla-
tive bodies again to interfere in
the interests of common justice.
Granting that the courts were
justified in deciding causes ac-
cording to precedent. it is true
that, had the courts broadened
the currents Of justice from prece-
dent to precedent. made new
precedents as justice demanded,
instead of using old ones as dams.
much irritation would have been
prevented and there would have
been no need for legislative inter-
ference.
When the treaty of Versailles
was signed the government of the
United States was a signatory. 1t
was known that the. Constitution
OF the United States made the
treaties of this government the
supreme law of the land, and it
was feared that the old precedent.
which prevented the rulers of a
government from being brought to
trial for alleged crimes against
humanity. would prevail. In or
der to dispose of this precedent
and to TX a new standard Of gov
ernmental responsibility an article
with reference to the trial Of the
German emperor was inserted in
the treaty. We are not parties to
the treaty, but as reasonable beings
we have a right to express opin-
ions. The war was fought in vain
unless q new measure of responsi-
bility to the future was fixed.
do not pretend to say that the
German emperor was guilty. I do
pretend to say that he should be
put upon his trial. We have not
advanced very far IL we have not
by this time learned that war is
but homicide in the aggregate.
Most Of US have nothing to do with
the making Of war. If we had
there would be very little OF it.
How can any one say that to kill
thousands is less frightful than to
kill one? How can it be argued
that should be responsible II I
kill my neighbor, but that should
go scot free II kill a million
men?
Among nations. as among men.
homicide must be homicide. Those
who begin war must understand
that at its conclusion they will be
put upon their trial before a fair
and impartial tribunal to deter
mine whether the homicioes for
which they were responsible were
committed wilfully. purposely and
with premeditated malice. wilfully
and purposely without premeditat-
ed malice or in self-defense.
express the hope that when our
government comes to legal peaoe
with the imperial German empire
1t will not forget the article in the
treaty OF Versailles which calls for
the trial Of William Hohenzollern
for his alleged crimes against hu-