THE EX-KAISER.

Oamaru Mail, Volume XLIV, Issue 14007, 11 March 1920, Page 6

THE EX-KAISER.

POLITICAL OFFENDER OR MURDERER, (Bv H. 31. Donohoe.) What will happen to the ex-Kaiser-' This question looms largely on the political Horizon, and in a few days' time the "Big Three" will discuss the possibility of securing possession of the exEmperor and his son in order to arraign ilum before an International Tribunal. As the result of information which ha.-) come into niv possession, 1 am .iblu to state that Holland, anticipating a demand for the surrender of the vx-Kaisc-r and his son, has, in an unofficial and friendly way, let it be known to the Entente Powers and their xepresentives sitting in Paris that such a demand would be very distasteful to the Dutch Government, Holland's view is that in the full exercise of its rights and prerogatives as an independent nation, it must insist on the right of asylum and declineto hand over the ex-German ruler and his son, whom Holland regards as political refugees. , The unofficial emissary of the Dutch Government, it is explained, took occa--:ou thus informally to present The Dutch view, in order to avoid the possibility of future unpleasantness with the Entente Powers, and to prevent Holland being forced, very reluctantly, to replv to an official demand for the extradition of the ex-Kaiser and his son bv a flat official refusal. " In support of the case now put !orward. which has the support of riie leading Dutch jurist-consuls, it is pointed cut that certain crimes, such as murder, arson, and*forgery, are, in accordance with reciprocal treaties between Holland and the principal countries oF Europe, extraditable offences. It is customary in putting forward a demand for the extradition of an offender charged with a breach of the criminal law of a certain country to attach to the demand a resume of the evidence against him. But under international treaties political offences are not extraditable, arid Holland unofficially contends that the ex-Kaiser, as far as it is aware, is not <miltv of'anv extraditable offence. " Rightlv or wrongly, the declaration of war bv a Sovereign Ruler is not provided for in the category of extraditable crime. Of course, it is always within the power of some law officer in England to swear an information at Bow Street against William of Hohenzollern, charging him with murder and asking for a warrant for his arrest. But in support of a request for extradition, sworn testimony of his presumed EUiltwould need to be furnished to Holland before it would consent to his arrest Can the Entente prove to the satisfaction of Holland that the ex-Kaiser lias been guiltv of murder or any other non-political extraditable offence-? Jt would seem, after all. that the law ot nations cannot touch the fallen monarch now sheltering on Dutch soil. Eminent French legal experts, 7.ith whom I discussed the question, somewhat- reluctantly had to admit that the problem was a Very knotty one. If the Dutch unofficial view i.s ns stated, it is legally unassailable. Holland might, if it wished, expel the ex-KaiM-r and his son from Dutch territory, or it might politely request then t.- i-re-is the Dutch frontier without l.nlKviTHarv delay, but it is regarded as hif-hh unlikely, unless yielding to i.ompiiision. that it would do the one or the other, because the Hohenzollern p*re et- fils are regarded as political offenders, and therefore entitled to the rifht of asylum.. One of the leg:' expert wi.oin 1 asked for an opinion. reminded me that about 11 \ears ago the British Government asked France to expel from her territory a notorious Indian agitator who was suspected of inciting to sedition and even to murder. M. Clemence.au. who was then m power, dec-lined, on the ground that the individual in question had the right of asylum as' a political refugee There is not necessarily any parallel between the case of the ex-Kaiser and the Indian firebrand, but unquestionably the affair of the ex-Kaiser and his" asylum in Holland enters upon a new aiid interesting phase. As. far as I have been able to ascertain to-night, the unofficial-attitude of Holland .concerning the presence of -ts embarrassing guests has not been wholly unexpected by the Entente law officers. The latter have foreseen some such objection. What the "Big Three" will decide to do next is not known, but the ciuestion is to be very carefully studied, for a rebuff from Holland in the nature of a refusal to surrender the two Hohenzollerns would create a very delicate diplomatic- situation. It would mean that the Entente Powers must either meekly accent a slap in the face or go to the'length of backing up thendemand bv a display of armed force. No one "in Entente councils, it is sale to say. is prepared to advocate such a drastic method as the military armed coercion of Holland. The League of Nations could hardly he expected to inaugurate its ofliei.il existence by violating the rights of little Holland.