The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-02-15


PARIS, Feb. 1.-The great Bonaparte
impressed himself almost as muchupon
the jurisprudence OF France as upon
the annals which TEEN with her milf
tary exploits. To be strictly exact, we
must credit the origin OF the Code
Napoleon to those stormy conventions
which ruled France during the revolu'
tionary period. But it was under the
consulate and the first empire that this
work was completed, and inevitably
the code which bears the name OF this
remarkable man, received from his gem
ius its final impress Of thoroughness
and Justice. The Code Napoleon is
really a series of five codes, and with
only slight notifications, these being
wholly inadequate, as many think, to
meet the altered conditions OF French
society, it has remained, spite OF all
changes OF government, as the supreme
guido in both civil and criminal proceed
ure down to tho present day.
The app ointment Of judges is in the
hands Of tho president OF the republic,
who, OF course, is advised in this deli
cate business by tho ministry OF JUS
tice. Practically the Office OF
Judge is one which terminates only
when the limit OF Nge has been reached,
the incumbent retiring then upon a
pension. A justice OF the peace, how
ever, may be removed at any time by
tho head oil the state. The president
can depose such person by a word.
But this word is only exercised in cases
OF eXtTome necessity, and rs regards the
judges OF higher rank, the president
can exercise tho power OF removal in
their cases only with the consent OF the
court OF cessation. This court answers
somewhat to our own supreme courts.
In ordinary law cases it has no inltia'
tive, its province being merely to re-
view, for approval or rejection, the con-
tested decisions oil certain other tribu'
mails.
POORLY pAiD JUDGES.
Like most OF the public officials OF
France her judges are poorly paid. In
England it is always good pay or no
pay. Justices OF the peace in that ma
lion serve their country solely for the
honor involved. IL France the ordin-
airy pay OF such n persons is about $500
year. 10 skip from the lowest to the
highest, the English chief justice
pockets a stipend fully equal to that OF
our Presidential chair, whereas the
highest Judge in France, the first presi-
dent OF the court oil cessation, has to
support his dignity, we are assured, on
yearly salary OF about $4,000, This is
certainly making justice cheap enough,
and itno doubt innures to the advantage
OF litigants in reduced costs. But it
also has the effect OF excluding from
judicial Office all who have not n private
income, for il is uncomfortable that high
dignitaries OF state can keep up APP
pearances with no funds to draw upon
aayethe meagre salaries instanced above
One would think, too, that such ill-paid
Judges would be in danger OF corrup-
ton, but as, the French themselves are
not complaining on this score, 1t would
hardly be proper for foreigner to do
80, and, perhaps, after all, the French
people are as honorably served for these
small expenditures as some other ma
tions are, not excepting our own even,
for much larger ones.
Where Judges cost so little you may
naturally look for great profusion OF
them, and so it is in France. Each ar
rondisement has it's court OF first in
stance, and the courts OF appeal, dis
tributed conveniently throughout the
entire country, number twenty-six.
The latter, Tor further convenience, are
subdivided into as many different
chambers as the particular locality may
need, and each Of these chambers has
judicial staff OF half dozen or so. The
other courts have also q considerable
staff Of judges, full bench OF the court
Of cessation consisting OF forty-nine
This, too, exclusive OF the outor court
or parquet, as it is called. This con.
sists OF the procurator general and sew
eral advocates, who hold ter inically the
position OF assistant judge their work
being to prepare cases for trial and
afterwards to pilot them through. Tho
parquet is feature OF all French courts.
II answers in measure to our own
prosecuting attorneys office, with some
OF the functions OF clerk Of the court
ultuCuou w ~, Dub " nus nuiS u uoSAA-
edly judicial standing. Not only do
those belonging to it wear the judicial
cap and gown, but they are ranked in
legal parlance as part Of the regular
magistracy.
DOUBLE CHANCE FOR CRIMINALS.
It is boast OF the French judicial
system that, excepting in the case OF
very trivial offenders, it allows every
man chance before at least two tribu.
mails. This 10 we'll; but as an Offset to
this, We naturally recall one OF the bad
features OF this system. This was strik.
ingly exhibited in the earlier stages OF
the unfortunate Panama scandal. What
we refer to is tho power possessed by
certain French judges to deprive men
OF the liberty and subject them to rigid,
not to say abusive examinations, while
IL 10 still uncertain whether there IL q
good case against them. Another boast
OF the French 10 that every case, barring
only those with which the justices Of
tho poaeo have TO deal, Is tried with
moro than one Judge on the bench. In
the highest court, the court OF cessation,
there must never be less than eleven
judges present Five the lowest nun.
Der in the court OF appeals, and for q
court OF assizes or court Of first in
stance, the minimum OF such function
aries Is three,
The truth Is that judges seem TO DO in
greater favor in France than jurles,
Certainly they are more relied upon by
those responsible for the French code oil
procedure, though they would hardly,
wo should think, DO held preferable by
those cited for trial, II ono may Judge
from tho statistics at hand. In civil