The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-23
SHALL FOREIGN WRlTS RUN
HERE?


The brutalna fulnlen of the French court,
ining the Princess Colonna, who is in this
country. 800 francs a day for keeping her
children out of the custody of a husband
who could not support them, has drawn
attention to the more important case in
which certain citizens OF France, holding
judgment of French court against Hill
ton. Hughes & Co. of New York. are
endeavoring to execute that Judgment
through the machinery of American
courts. Unless there is stipulation of
the American defendants that they will
be bound by the decision of the French
court, it would seem that the endeav0r
must fail. 1t is an elementary proposition
of law that the executory machinery of
courts cannot be invoked to execute SEN
fences of foreign tribunals. An American
Sheriff can only seize property by virtue
of the order of an American court. The
proper course for the French creditors of
Hilton. Hughes & Co. is to institute pro-
ceedngs against their debtors in New
York court. and to use on the trial such
portions of the French record, including
the judgment, as the Judge may deem ad-
misSible.
Whether the time has come Tor the civil
lied nations to give full faith and force
to court decisions in civil cases rendered
in each of them may be question. A step
toward uniformity was taken when the
eXtradition treaties were concluded. Be
fore that time criminal. fleeing from pur-
suit in his country. ran no danger when he
reached foreign land; though there were
exceptional cases in which heinous crimi-
nails were surrendered by the comfy of
nations. Now, under the eXtradition
treaties and the extension of the telegraph
system, criminal has got to find his way
10 some ysry outlandish country TO escape
the sleuth hounds of the law. Whether a
similar extens ion could he given TO judg-
ments in civil cases is question admitting
of great deal of argument.
AS general proposition the courts of
Great Britain, France. Germany and Italy
administer the law as upTightly and as
often get TO the truths in a case as the
courts in this country. The procedure
differs in each nation, but an impartial
study of the various codes by no means
justifies the belief that our procedure is in
all cases the best 10 insure justice between
man and man. In many respects the
UlEllOuS appear u Dc cupSllOI "
ours. and Paris judgment in a simple
case of debt is as likely to be just and
equitable as the judgment of an American
court based on the verdict of jury. IL is
not clear that wrong would be done 10 iu-
dividuas il judgment of French tri-
bunal, duly authenticated and certified to
an American court. could be made the
basis of a writ of execution.
The spirit Of cur laws is opposed to the
perpetuatiOn of civil liabilities. as is shown
by the invalidity of judgments for debt
outside Of the State jurisdiction. 1t is not
the view. however, which prevails in
France, where an insolvent debtor may as
well go hang himself, or even in England,
where the instances of bankrupt picking
himself up and going on again are ex
tremely rare. Our custom is mora gener-
Gus, If not wise. The men who fail in this
country are often among the most enter
prising men iD the community. If they
surrender everything they possess to cred
itors it is the custom 10 encourage them
when they make a new start. To east
them adrift as forever worthless is like
cashiering a general who loses a battle.
Before treaty could be signed giving full
force and effect in this country to civil
judgments Of foreign courts a change
would have to become manifest in foreign
opinion regarding the perpetual bondage
lof Aaht