The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-10
FRENCH Law IN ALGERJa

France by her conquests in North Africa m.
application Of the Code Napoleon TO a MI
man people seems INDISPENSABLE to the proces.
Of assimilation, but 1t has encountered Obstacle.
which for many years were held insu cradle. On
this head the policy Of the new Government 4.
Numerically opposed to that OF the Second Fin
pie, and naturally, therefore. directs attention
TO a curious and dif1cult problem.
The adjustment Of the jewish element to ths
new order was easily effected. and within twelss
| years after the occupation OF Alpers all judicial
authority was transferred from the rabbs to the
| French tribunals, which, In the exercise of eaui.
| ty functions, were careful to recognize the es-
| sential principles Of Hebrew law. To incorpo-
rate, or even to decipher, the intricate system OF
Moslem jurisprudence was far moro arduous
undertaking. Nothing is more erroneous than
the popular opinion which suppOses the whole
body Of Mohammcdau law to be evolved by de-
ductioD and expansion from few precepts Of
the Koran. II has been shown by an attentive
study OF texts to have a Western, not an East
ern, origin. being In fact based upon that Homan
legislation which had secured impregnable lcdg-
ment Oh the shores Of the Mediterranean. when
the Arabs, for example, exchanged a nomad life
for the agricultural regions Of northern Africa,
they were constrained to accept the economical
conditions OF their new residence, and the local
customs became the ground of their Jurispru-
dence. Tho system, however, was compiled ed
and oyerlad by usages imported from the East.
by Koranic maxims and notably by tho feudal
statutes recommended to the Aglabite sover-
eigns by Haroun-al. Raschd, the founder of Arab
fcudalitv In Algeria. The task Of graduating
and co6rdinatinR materials derived from
so verious will appear well-nigh hopeless when
ve add that they arc rarely clothed with the
forns ~ leoisIativc .anction familiar to vcstorn
t,, III ~. -, .,a,,,,a od,c, aud IN.
I'M. I'm, ranosa for tho most mart solely ON ira
di,tan E,ancb s,udan,s and tho Ar.b text
-, , ,,,i ass,.,or,, ayor Nh N clas .ic dt,ea,
~ sidi Kh4,l usod I'm Algeria and ALI the couu-
,,,os st, .chod To the M,lky, rite beiup dis-
.r.dt,aa hy tho ,yildeat in,nher.nce Under
80 ,,,c,,,s,src IN. ox,nupdlng of Monam-
MADAM inrlsnrudence ia still relocated to the
| ,,nons N, n.,iv. doctors In theology aud law
| wbila tina French authorities were unwilling
n, un.hla Ia undertak. iurlstic INTERPRETATION,
thew felt themselves bound to interfere in o
ministerIal capacity the practical application Of
Nosler, urescriotions nv the C,dis being tnrredi-
| bly corrupt III well known that the sole IT,
| bunal I'm Nabommedan countries is the Cadrs
eourt and that only a nominal right of appeal
exists To the same magistrate better In
| forued" that ia enlrhten,d by an advisory
counsel whose advice, however, he need no,
take. Where the administration Of Justice Ia
thus total, independent of control, 1t Is not sur
| pri,inp that arbitrary ruling aud bribe taking
| .houId lac ubiauitous and shameless. Accord
inc Ia the Arabs the most scandalous bargains
are continually conclude cd In dumb show during
the trial Of a cause. A litigant, for instance in
developing his case, raises his forennRer 10 hls
chin. which neaus that he offers the Judge dol
lar Thereupon bis adyersarv, by way Of rehuttal,
holds 10 fure1neer and thumb, which means
two dollars, and SO on. on one occasion .
French subaltern WIS detailed to watch the pro-
ceedings ia a certain rnAhdkmd, or court room
of a native magistrate lie remarked that each
party to an action took SNUFF by turns from the
Cadi's snun box, the Judge passing It to them
with great ciyilty, and leaving It moment in
their hands Contriving to seize the box. tho
onicer let II fall, and a couple Of gold pieces
rolled out Of It, At another time French
Police Justice before whom Cadi had been
tried for bribe-taking, was constrained 10 req
der Il Judgment Of non-proven. The accused
vas no sooner al liberty than he ran TO the mag
istrate's house ard sought to force on him
sum Of money. Figures are even more eloquent
than examples II appears by the Algerian
budget for 1877 that In Ave years one Attorney
General at AIgiers was forced to strip Of their
judicial functions more than Ave hundred Cads.
We NAV mention another fruitful source of ex-
tortion I'm Mohammedan courts arising from the
fact that judstnents by default are not reoog-
'nized. A party not appearing Is Invariably re-
presented by an otki OF professional uroxy SCI
lected bv the Judge, who likewise determines
his compensation
In conformity with the treaty of caritulation
the Mussulman tribunals were for time main
taIned In the penttude Of their functiols The
: French Government combining itself TO a single
act Of sovereignty by comforting on them the
investiture before derived from Turkish authort-
ty. But public safety soon imposed upon tho
state the unity OF criminal jurisdiction. whose
provisions must needs be equally binding upon