The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-02-14
10 There Any Hope Of Justice for
Dreyfus?

DiCyi"s'
In order to Judge what chance is still left
to DREYFUs of securing a revision of his
sentence, it may be we'll to review the events
Of last week, the most important, on the
whole, in the long history of the affair,
Il should be first noted that the pro-
tractcd and thorough inquiry undertaken
by the criminal section OF the Court OF
Cessation was finished in the early part OF
the week. All the evidence collected in the
course Of the investigation was placed in
the hands OF the Procureur-G6neral, or At
t~orney-Gencral, with instructions to base
upon it a report. When completed, this
report was to be submitted to the GRIM
inal section of the court by which
the inquiry had been conducted, and
n Judgment would then be rendered.
This is the normal procedure. and it will be
followed in this instance, unless judicial
usages arc set aside by legislative Interior
ence. Such interference, however, is con-
templated in the bill introduced by the Du-
puy Ministry, a bill providingthat a report
Of the Procureur-G6nera shall be sub
mitted, not to the criminal section alone,
but to all three sections OF the Court Of
Cessation sitting together. Should the full
court, moreover, be dissatisfied with the
premises or conclusions of the report. the
bill empowers it to seek additional evidence,
or, in other words, to institute a practically
now inquiry which might be prolonged for
an indefinite period.
There was u time last week when it seemed
improbable that such a bill would be sane
toned, even by the Chamber of Deputies.
The committee Of eleven members, to
which it was referred, pronounced against
it by a vote Of 8 to 2, and, in their
report, declared that the members OF the
criminal section Of the Court of Cessation
had been guilty not even Of indiscretion.
and that, consequently, there was no pre-
text for shaking the nations faith in its
judicial Institutions by withdrawing from
the jurisdiction of the criminal section an
inquiry already concluded. Notwithstand-
ing the adverse report OF the committee,
which ought, one would think, to have as
sured respect for the judiciary, Premier
DUPUY on Friday succeeded, by means Of a
threat OF resignation, in carrying the dis
credited bill through the Chamber by the
unexpected majority Of 116.
The measure now goes before the Senate.
Is that body likely to sanction it?
No doubt the Senate has more than
once set its face like flint against the
wishes of the Chamber of Deputies, and, in
one memorable instance, compelled a
Premier to resign. That Premier, how
ever, was NJ. BOURGEOIS, who had attained
Office through a combination OF the Rad
icals and Socialists with the most
progressive wing Of the so-called Mod
crates. II is TO be observed that In
tho senate at that time there were
comparatively few Radicals, whereas
tho Moderates possessed an overwhelming
majority. That majority still exists, and.
for that reason. there is grave danger that
the Senate, Notwithstanding its more con-
servative temper and habitual disposition
20 treat the magistracy with respect, may
yet shrink from throwing out n bill which
has been made a Cabinet question by Pre-
mier DUPUY and his Moderate colleagues.
The rejection OF the measure would force
NJ. DuPUY to resign, and his Ministry would
be, no doubt, replaced by n revisionist Cabi-
net, which would he headed by NJ. BouR-
eEoIs and in which NJ. BRIssoN would find
a place. Messrs. BOURGEOIS and BRIssoS,
together with most of their probable col
leagues, are intensely distasteful on eco
nomical as well Ms political grounds to a
Ia &c majority of the Senators.
>iWe must, therefore, admit tho probability
that The measure, which may DO fairly de-
scribcd as an anti-judiciary bill. will be
passed by the Senate, and will, consequent
ly. become IL law. What, then, will be the
situation2
To make this clear, it may be well to
recall the composition of the Court OF
Cessation. This supreme tribunal con-
slSts of forty-nine members, who, for pur-
poses of convenience, are divided into three
sections, each having Il distinctly defined
sphere OF jurisdiction. Each section con-
sihts Of fifteen members each has a Presl-
dent OF its own and the court, regarded as
a whole, has also a President-iu-Ohief. Tho
whole number Of mcmbers constituting
the tribunal il, therefore, Ms w havo
said, %forty-ninr. According 50 the pre-
srrihed course of procedure, which never
before has heon departed from, tho appeal
in the Dreyfus affair, which was a Grim.
insl case, was referred to the criminal sec
ton and but for Legislative interference, the
a