The Code of Honor
There was a constitutional and legal question about who disciplined the army. In the opinion of the War Minister, only strict adherence to the code of honor could maintain the reliability of the officer corps. The question really revolved around whether legal jurisdiction of the army fell under the command of the Kaiser alone or under the jurisprudence of the Reichstag.
There were two separate court systems: the civil courts (controlled by the Minister of Justice who was responsive to the Reichstag) and the honor court (influenced by the Minister of War and made up of officers of the regiment). Military officers, according to the army, were supposed to take their grievances to an honor court where the two antagonists were of honorable status. The decision of the honor court made up of other officers was binding and took precedence over any decision in a civil court. The regiment annually elected the honor court, which consisted of a captain and two lower ranking officers. The constitutional underpinning was that military officers were not liable to the Minister of Justice and the civil courts, but rather would work out their issues in an honor court. Officers were duty bound to shake hands and try to solve the disagreement. If that did not work, the honor court would try to settle the dispute non-violently.
The final option to restore an officer’s honor was a duel, whereby he could prove his worth. Officers subject to the code of honor were expected to duel, but the issue was convoluted, because duels were not only illegal, but also were officially quasi-discouraged by a cabinet ordinance the Kaiser issued 1 January 1897. Nevertheless, unwillingness to duel showed unreliability, and anyone refusing to duel would be drummed out of the army. The disgraced officer was not simply removed from the officer corps but excluded from the officer caste (Offizierstand). The individual became a non-person, forfeiting his pension and the right to wear a uniform. He could not use his old title or rank. Redemption was practically impossible until the actual casualties of the Great War began mounting and officials could look the other way. Decisions by the honor court were final, subject to the approval of the Kaiser. History shows that regular officers wounded in duels received pensions. Reserve officers dueled much more commonly than regular officers in an attempt to mimic their respected active brothers. Some officers viewed one-year volunteers as not worthy of a duel. Preference for dueling was given to those who were members of dueling fraternities.
The constitutional question of who disciplined the army never came to a head. The Army won one major test case. This revolved around a military commentator who was a retired officer. Was a retired officer subject to civil court or the honor court? The officer in question was Oberst Gädke, a retired colonel a.D., and a popular columnist, who had commanded a field artillery regiment. Gädke used his title of Oberst and wrote some things that irked the Kaiser. The objective in the honor court case was to deny the defendant the use of the title Oberst and the right to wear the uniform. The military’s claim was that Gädke was still under their jurisdiction and would be for his lifetime. The War Minister’s opinion was that the Kaiser alone granted the title, and the Kaiser had the right to withdraw it. An honor court so decided in February 1904. Things dragged on in different courts for another year. In 1905, the civil jury court decided that he was not guilty of using a title without authority. The Supreme Royal Court of Justice decided in 1906 that courts of honor had no jurisdiction over retired officers since the subjects were no longer constitutionally in the army. The fact Gädke had accepted the right to wear the uniform and the honors that go with the apparel when he left the army could under no circumstances imply that he agreed to the regulations governing courts of honor.
The War Minister argued that retired officers were part of the army. His justification included the fact that regular soldiers saluted retired officers; therefore, they had to accept the officer’s code of honor and the decisions of the court of honor. This affair finally ended in 1908 with Oberst Gädke having lost his title.
The even bigger test case was related to the trials over the Zabern Affair and in specific the role of the regimental Colonel involving active duty troops in Lou of the police force. There was also the issue of, could the military intervene in a civil jurisdiction? This was never settled as in the start of the war took precedence.