The morning call., 1894-02-17
THE coLoNNA CHILDREN.

There are no sounder jursts anywhere
than In France, but the courts Of that
country often make rulings that are to us
incomprehensible. The Colonna case fur
nishes an example. In this country q
court has jurisdiction or it has not; in
France 1t seems 10 possess jurisdiction Tor
some purposes and not for others.
Prince Colonna, with his wife and chill
dren, was citizen and resident Of the
province of Naples in Italy. Conjugal
differences having arisen. his wife lett
him, and with her children Joined her
mother in Paris. An application was
there made for a decree of separation or
divorce. The court very properly held
that it ha6 no Jurisdiction, and that the
application must be addressed 10 the
Neapolitan courts. But it went further.
Though it had no jurisdiction. it took cog
nizance of the fact that tie Princess
Colouna had her three children with her.
aud it ordered her to restore them to their
father, under penalty of fine OF 500 francs
for each day that she retained them, the
children being. in fact, at the time this
order was made. on the soil of the United
States. Can such an order be enforced?
II the Paris court had any authority
whatever over the children it ~as der ived
from their casual and temporary residence
in Paris. and it terminated when they left
Paris. Under French law the jurisdiction
OF court over a citizen does not expire
when he departs from the range of its
writ; thus man may be tried and con-
demned for crime committed within the
jurisdiction though he be at that time in
Australia. But the jurisdiction must ex-
ist. and it cannot exist over casual way
farers, except where they commit offenses
against she penal law. The question
whether the custody of the Cololna chill
dren belonged TO their father or their
mother was one which could only be de-
termined by the court which had power to
dissolve the marriage, and that the Paris
tribunal confesses it had not.
The whole business reminds the reader
of the Abeille-D Deacon case which shocked
the world couple of years ago. In that
case the family of the dead man employed
Alexandra Dumas Jr. to write a fierce dia-
tribe against Mr.. Deacon, and while the
case was on trial copies of the diatribe
were distributed among the jurymen.
simultaneously the Paris papers were
filed with attacks on Deacon and apollo
klco iOl aOc4lfc- DcluRs DO QOuOt, III
tended to influence the verdict of the jury.
No Judge interfered by way of protest
against the indecency Of these proceedings.
Deacon was described as a rough, under
bred American who drank cocktails and
acted like a brute to bis wife. while Abeile
was painted as a type of a French gentle
man, the fact being that Deacon was the
Frenchman's superior in breeding, man.
ners, morals and sense of honor. Yet the
Paris courts did not scruple to exhibit a
partiality for the Partisan.
The correspondents express apprehen-
sions regarding the future status of the
offspring of this unhappy Colonna mar
riage. There is probably not much room
for apprehension of trouble on this ac-
count. Young Colonna is the legitimate
descendant of a race who won their way
through the middle ages. pretty much as
others did at the time. In the wars of the
Guelfs sand Ghibellines the name of the
Colonnas ngures constantly. Members of
the family bore arms On both sides, ad-
herring prudently TO the side which paid
them best, and having no compunctions in
changing their side when the opposite
party offered higher terms. The ultimate
scion of this race will. in all probability,
be found amenable to reason If ever his
wife proposes to return to Europe with her
ohiIdran