Evening Republican, Volume 21, Number 259, Rensselaer, Jasper County, 4 November 1918 — Why Can’t I Kill a German? [ARTICLE]

Why Can’t I Kill a German?

By WILLIAM HAMILTON OSBORNE

of The Vigilantes

I am, well say, a loyal American citizen, over draft and enlistment age, with not the slightest present chance' of going to war. But I am war-like, we’ll say,—and I want to kill my German.. Why won’t they let me? One day along comes my opportunity. I overhead two men Conspiring to blow up a bridge over which a troop train Is to pass. I follow them. While they ore engaged In their operations 1 draw a gun and shoot them dead. I am satisfied. I have killed two Germans instead of one. And I have saved the lives of a thousand American soldiers. I am a hero. Nevertheless I get a jolt. Instead of lauding me to the skies, the authorities arrest me, and hold me on the technical charge of murder. Why? Well, In the first place, when the facts come out, the situation is a little Inconvenient. One of the two men- I have killed turns out to be a secret service man, who has pretended to be a German spy, and who has pretended to fall in with the other man’s plans—-his idea being to arrest him; or even shoot him before the plan can be carried out. Therefore in this particular case, one of the men I have hilled turns out to have been not only a patriotic American citizen, but a very valuable American citizen. In my excess of zeal I have overstepped the mark. Perhaps I should be held for manslaughter in the case of the secret service man —but why should they hold me for the murdCr of the German? And yet they do. He is an enemy alien. Why the Slayer l« a Murderer. The facts above are purely fanciful of course. And yet, they are significant. He is ’a slayer, In the suppositious ease, guilty of murder —and If so, why? He is a civilian, not assigned to duty, and not acting under orders. He is not a warrior—he is not a police oflicer. Now, every citizen is vested with several rights. In the first place, he may defend himself, his home, his household, his chattels, to the death. In the second place, he has the right of arrest. Where a crime Is committed In his presence, he arrest the offender; if the offender resists arrest, the civilian may enforce arrest; If the enforcement ‘of arrest endangers his own life, then he may take life in enforcing the arrest. Take two cases: a belligerent mob,’ or a detachment of enemy soldiers, descend upon a village or community, with the evident and avowed purpose of attacking it. Every man, woman and child In that community has the right to the advances of that mpb or squad of solidlers, and in defending that right, they, have the right to kill. So, too, as in the Instance of the German who had conspired to Now up a bridge, the citisen has the right of arrest —but be

cannot kill without first arresting. Why? In the case at hand, note what would have followed an attempt to arrest. The citizen, acting within the law, might have drawn a weapon (assuming his right to carry one) and inform the two men that they were under arrest. There, tlten, is a notification to them thpt he is about to enforce his right. This notification draws forth an explanation—one man says, we’ll say: “I am a secret service officer. I am engaged in the performance of my duty.” On both sides then there is an understanding of the situation. The citizen still may enforce arrest, if he can, for the two men have conspired, and he has overheard theff conspiracy. Attempt to enforce arrest, would, In the case at hand, lead to the exhibition by (he secret service man, of -his credentials. Result, no hasty murder —no breaking of the law. Instead of that, our man, without affording the two men a trial, prejudged their case In his own mind, tried and convicted them, and then executed them on the spot. It cannot be done. Be on the Watch. What is the object of presenting here, this peculiar situation? Are American citizens to be discouraged In the exercise of their patriotic zeal? Is a man to think twice before killing a German engaged in the performance of a traitorous or seditious act? Yes — because the man may turn out not to be a German, gnd not to be engaged in the performance of such an act. He is entitled to be heard in his defense. The national government, in this crisis, needs the civilian’s intelligent aid, not his unreasoning, erratic, impulsive, eft-times' dangerous blundering. The government department can cope with any situation —if you will put them wise to anything suspicious that you see or hear. One fortunate phase of the matter is that German citizens loyal to America are at work all over this country engaged in trapping and running down disloyal Germans or enemy aliens. The disloyal German cannot trust his loyal German neighbor. German spy activity has been well checked. Once a man comes under suspicion, the expert sleuths of the country can handle him. It Is up to us, the average. American citizens, to sharpen our wits, to act, not with blind and dangerous and blundering zeal—but with care and caution. Do not do anything that will spring a trap too soon—do not spoil the stratagems of perfectly competen* sleuths. Your friends and acquaintances may laud you as a hero—yet you may have set at naught weeks and months of careful secret service plans. Watch-2-report—go back and 'watch again.