New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-16

the old Roman law. which had been Introduced
In the fifteenth century, and so mouinco ny
each State and community that II was schrce'!
alike in any two places. Part Cf frussla was
under the old Prussian provincial laws Oh l''t
divided into score or more or diuer'ht us
trlct codes. The Rhcnish Provinces were uh
der the Code Napoleon. SaXony had lis own
code of 1869. There were. In fact, nearly one
hundred separate judicial systems III 'hc En-
pre- mrny OF them differing radically from
each other. and these are still In force nj 'his
present day. TO transform such chaos Into
order was a task Of no mean magnitude. IL
has been done at last, and four and n hal' years
hence on the first day Of the twentieth century
the new code will 90 into effect. and the whole
Empire will he for the first time under uni
form system of law.
The most striking general feature OF the new
code is that il follows the lines OF the old Ter
manic rather than Of the Roman law. ms
end was not attained without struggle. Inc
original commissioners who had the CODE III
charge were mere theorists verscd In ana weu-
ded TO Roman law They therefore drew up
the code on purely Roman lines, ana produced
an instrument which. however perfect III inc
ory was quite imprac;icable for present appli-
cation. So their work had TO be turned over
n few yeors ago TO a now commission for rad
zeal revision, and the new commission made II
as distinctly German as 1t had been Roman
The result Is a system under which mutllai
obligations receive more consideration than
individual rights. particularly the rights OF
prOpcrty For example q tenant Is not Doulld,
rs heretofore to fulfil the terms or MS lease
if the landlord fails to maintain the house III
a fit state for habitatiOn: power Of summary
eviction for nOn-paymcnt of rent Is curtallcd,
and 4 debtors implements Of trade are exempt
ed from seizure. Another important feature Is
that making marriage a civil contract and re-
ouirinr therefore a civil ceremony. This is
final triumph of the policy instituted by Prince
bismarck at the beginning Of the Kulturkampf.
Radical changes are also made in the divorce
laws. Hitherto a Prlssian divorce has been
granted for incompatblity Of temperament
and similar slight causes. Under the new code
II will he granted for no causes except adultery
and hopeless insanity.
Doubtless the code ms now adopted contains
many defects. which will be corrected from time
10 time after they have been disclosed by prac-
teal experience On the whole. It will make In
German Jurisprudence not only great change.
but GREAT change for the better The most
serious question to be solved in connection with
It is it's effect upon Particularsm. or States
Rights BY unifying the judicial system it VIII
tend 10 make territorial and governmental dis
tinctons between the various States less OBJ
yious. and to make the Empire more homo
geneous From point Of view that will be
an advantage. But 1t will be most repusnant
10 those who dread the swallowing up OF the
minor States by Prussia That this is the pres
ent Emperor's aim there is no doubt When he
SAYS Germany he means Prussia. and he means
If possible 10 absorb Bavaria and Baden and
the rest as his grandfather absorbed Nassau
and Hanover The opening Of the next century
will soc how far the new code will further
this aim.