New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-02-19

even here It must be borne in mind that LoeN
is supported In his attitude by the knowieus
that he Is backed in the stand which ne hd
taken by two-fifths Of the Chamber or Deputies
! by what will probably be proved TO be a ma
torty In the Senate, and at any rate moieV
| of the French nation. Such cares as MS die
however, few and far between, and the amour
of abuse to which he has been exposed OF ia''
In the Partisan press. and even Oh the part
newspapers recognized Ministerial organs
shows abundantly how unusual 1t Is Tor
French Judge to exhibit independence OF char
acter and resistance to administrative pressure
GAMBETTA ON THE FRENCH SYSTEM
There Wis no one who deplored more sincerely
| the lack OF a thoroughly independent ana stroht
| ,udi,.iarv In France than Gambetta The mrs
occasion on which he happened to discuss IN
matter In my presence was Al oreahia ="
the Palais Bourbon, when he was Fresiuen.
the Chamber OF Deputies 1t was at 'ie ''"'
when the question Of renewing the char'e'o
| the various great railroads OF France IA
cropped up and incidentally he recalled the i''
that owing to the frequency oil accioeh's ""''
railroad travel was first begun and 70 the anA
iety OF the Government to promote railway con
struction the State had originally uhuer'aAe'
to pay a large part OF any sum that the o"ui u
might award to victims or railroad His"ap'
THE result Of this provision has peeh' Gu"
tinued Gambetta that 1t Is practica'y uh
known for the victims of railroad acciueh'S eve
TO recover anything through the courts Ro
the Judges realizing that the Government vii
he forced to pay considerable part Oh AM
damages awarded, naturally fear that oy CIV
Ing a decision In favor OF the platinum they WI
incur the ill-will OF the administration Ah'
therefore always endeavor to give judgment io'
the defendant"
n WAS this conversation that led to not on
hut several most interesting Excursions VIII
that brilliant and enlightened statesman Cd IN
subiect Of the lack Of independence OF TN
French judiciary, Gambetta candidiy admit'ih'
that judgments against the Government sucf
40 are frequent both In the United States and II
Great Britain are practically unknown II
France or for the matter OF that, anywhere els
on the Continent.
Another striking Illustration Of the subordina
ton of the judiciary to the Executive In France
and in other Continental countries was afforded
by the manner in which Premier Dupuy gave
his testimony the other day In the Dreyfus case
Here in the United States every Cabinet official
ana Imagine even tttsiutnt "ouie
be compelled to furnish evidence in a court Of
law II cited IN due form a witness. In Eng
land Cabinet Ministers are In nowise exempt
from the Jurisdiction of the tribunals OF the
land and several times during the reign Of
Queen Victoria has the Prince of Wales taker
his place like an ordinary citizen in response tc
a subpoena and furnished testimony. But In
France, which h a republic, and where, accord
ing 70 the fundamental principles Of the Consti-
tuition all men, including even the Executive
should be equal, especially In the eyes OF the
law, the head OF the State and all Of his Cabinet
Ministers are by virtue OF decree bearing thf
signature OF the First Napoleon, placed above the
law and exempted from the legal obligations oil
ordinary citizens. The decree In question bears
the date OF May 4, 1912, and provides that In the
event Of the testimony OF either the Chief OF the
State or any Of his Cabinet Ministers being need
ed the presiding judge Of the court In which the
trial Is taking place must first OF all submit In
writing to the Executive or to the Ministers the
questions which either the Court or the counsel
In the case consider It necessary to be asked
Neither the Executive nor the Ministers are
under any obligation. legal or otherwise, to an
swer any question to which they may object,
their refusal to respond, however, being placed
on record; q couple Of days later the president
Of the tribunal, accompanied by one of his asso-
ciats judges and by the principal clerk Of the
court Is obliged to humbly walt In person upon
the Executive the Minister, at the residence
or office of the witness, in order to receive In
person the written responses TO the questions.
That Is how Premier Dupuy gave his testimony
the other day In the Dreyfus case when called
upon by the highest tribunal in the land the
tribunal which forms the French counterpart of
the Supreme Court Of the United States to fur
nish testimony.
HENRY AND JUDGE GAsCOYNE