THE EX-KAISER.

Taranaki Daily News, 2 August 1919, Page 9

THE EX-KAISER.

An interesting sidelight on Dutch official opinion regarding the extradition of the ex-Kaiser is provided by Mr. Leonard Spray, the correspondent in Europe of the London Daily Telegraph, who quotes extensively from an article in the Nieuve Rotterdamsche Coarant. The article in question, which bears traces of official inspiration, hints that the Dutch Government may be prepared to make the necessary changes in its < onstitutional Law in order to grant the Entente's demand, but will also make this assent conditional on certain provii sions as to tho constitution of the court and the character of the trial. Admitting that future circumstances may rethe revision and development of existing opinions as to what is known as the sacred right of asylum, the paper continues: "But we have not got so far as that yet. And, for the present, all we can do is to hold to our positive right. It cannot be doubted that under that positive right our Government will not be able to surrender the ex-Kaiser without coming into conflict with our law, and, in a higher instance, perhaps, witu our constitutional law. If, therefore, it should appear necessary or desirable to surrender the ex-Kaiser, this could not take place otherwise than with the co-operation of our legislative authority. If a League of Nations were in existence by which the laws of humanity we*s prescribed more exactly, and which gave indications for procedure in such casts as that of the cx-Kaiser, and had instituted tribunals whose nature satisfied reasonable demands, then there would be a thread of guidance as to the manner in which our legislation might be reformed." , '"Bat all that is still in the air," continues the Rotterdam journal. "What we rave to reckon with at the present moment is simply that within a short time a request for the extradition of the ex-Kaiser will be made, and the cooperation which our law-givers would have to lend would have the character of a law designed to meet a special occasion. Although we do not wish to deny the danger of such special-occasion law, we should not like to defend the standpoint that refuge should never, be taken in the creation of such a -right. If ft is indeed true that the ex-Kaiser, either consciously or on account of a lack of a sense of responsibility, caused the disaster to Europe, then it would be m the interests of the country that we, on our part, should not withdraw him from being made responsible. If, under the dominion of a well-organised League of Nations, the extradition of the ex-Kaiser might be a duty for us, noiv also there might be, under certain circumstances, an occasion for us to grant such a request." The question of conditions is then dealt with. "It 'ensues," says the Dutch newspaper, "that in any case we should make conditions before doing sq, Declaring ourselves prepared to help maintain the rights of civilisation, or whatever other form will be given as a basis for the request, we should have to secure the certainty that those rights ehiiild not only be brought into force against, but also for, the accused. The first and undeniable demand for this purpose is the impartiality of the judge. It ).» nothing less than a principle of humanity that the accusers should not at the same time be the judges of the aeciued. It speaks for itself that Holland, in the interests of the laws of huuanity, could not lend itself to a procedure under which the court of justico was composed of the accusers. Further, he must have the right to call up all the witnesses whom he thinks could he of service to his defence, whe<h"r of German, British, French, Russian cr any other nationality. A certainty as to this matter should be a coaditian [line jus, jjon," ' - ■""