The New York herald., 1921-11-13
POLITICS TEMPER
GERMAN JUSTICE
Too Much Expected of Prof.
Radbruch, Minister in
New Cabinet.
TO TRY KAPP LEADERS
To Remedy Inclination to
Leniency Toward Conser-
vative Law Breakers.
LABOR UNION suspicious
Irritated Over Heavy Penalty
on Communists While Zap
pists Escape.
Special Cable to THE NEW YoRK HERALD.
Ds1swsoht, 1881, by THE New York HERALD.
New York Herald Bureau,

Special Cable to TIE NEW York HERALD.
DeDsws0ht. 1881, By THE NEW YORK HERALD.
New York Herald Bureau,
Berlin, Nov. IL.
Prof. Radbruch, Germany's new
n ster Of Justice. is Majority So
caalist and as such will have the most
difficult time OF any Minister since the
revolution. The reason is that so much
q expected Of him. Though dealing
With an almost entirely unchanged ap-
paratus In the courts. the new Min
lister Is expected to push through the
conviction of the leaders Of the Kapp
revolt. to free Toller and Muehsam,
two Bavarian writer's condemned after
the Munich Soviet overthrow; to
remedy the inclination of Prussian
Judges to deal less strictly with con-
servative than with radical law
breakers and to formulate milder di-
voxce laws.
Prof. Radbruch is little known in
Berlin, but as professor of law at Kiel
University he won q reputation of
capability and energy. Still his party
colleagues themselves know that he is
certain to fail in introducing all the
reforms now awaited. The trial of the
Kapp revolt leaders clearly shows
these difficulties. The long DELAYS in
bringing the Kapp leaders to trial are
said to be not altogether due to the
political sympathy of the Leipsic
Judges whose work in the trials Of war
criminals aroused so much hostile
criticism abroad.
Tho defence Of the Kapp leaders Is
that their rebellion not only was not
treason but In fact was undertaken to
support the constitution. And one
prominent jurist has already openly
voiced the opinion that as far as the
law Is concerned the accused men must
be acquitted. The National Assembly
which preceded the present Reichstag
as Germany's legislative body was de-
signed to stay in power only until 1t
ratified the constitution. That finished
they should have called a Reichstag
election But in order to keep Ma
1ority Socialis in office and TO avoid
n sweep to conservatism which the
election was certain to bring the radical
political leaders dragged out the lire
Of the National Assembly and the elec-
ton was not called until after kapp
had captured Berlin and marched out
again.
It may seem far fetched that jurists
can conceive Of the Kapp leaders being
acquitted after invading Berlin with
armed forces taking over the Govern
ment and establishing martial law, but
it bespeaks the tendency of German law
courts, which In many cases not OF
political nature only show tolerance
and lenience not met with anywhere
else in the world.
But of this case so much political
capital particularly among labor un-
ions. has been made Of Kapp's defeat
that the Supreme Court would have
great difficulty in keeping its prestige IL
II acquitted Kapp's fellow conspirators.
There has been great irritation in labor
circles over the heavy penalties imposed
on communists after the Kapp uprising
and after the March action OF the Com
,nunists The prisons are still filled
with Communists, while not a single
member Of the Kapp aggregation has
been sentenced.
The Supreme Court It Is limited, has
been deliberately trying to show the
better part of valor by discreetly letting
the trials drag on until they can be set
tied by an amnesty at a later day.