Arizona republican., 1899-01-28
sovERE1GNs AS WITNESSES.


 to furnish his testimony to court oi law.
 On the last occasion 1t was during the court martial of Marshal Bazaine who was being tried for the dishonorable equalization of Metz. Marshal Mac Mahon was then president of the re- public, and his testimony being re- quired as one of the commanding gen erals of the disastrous war against Germany, the presiding officer of the court martial, namely the late duke of Aumale, proceeded in person to the ex- ecutive mansion, which was then at Versailles, for the purpose of receiving the written statement of the president of the republic in response to the writ ten questions which had been address ed to him a few days previously by the duke.
 In the same way President Faure is now cited as witness in the criminal proceedings that have been brought against Urbain Gehier for the publica- tion of his sensational book entitled ''The Army Against the Nation
 To substantiate his charges Of gross dishonesty and maladministration against the war department at the time of the Madagascar campaign, when President Faure occupied the office of
 
 department, the author of the book needs the latter's evidence.
 Accordingly the game course will be adopted as in the case Of Marshal Mac Ml7hon, and President Ferichen of the court of criminal appeal, will proceed to the Elysee palace in order to receive from the hands of President Faure his written replies to the questions which the counsel of the defendant may have considered it necessary to address to him through the president of the court of appeal, and likewise in writing.
 The president is under no obligation, legal or otherwise, to answer any question to which he may object, his refusal to respond being, however, placed on record.
 Let me add that this procedure Is by virtue of decree which bears the date of the 4th of MSy, 1912, and the sigma ture of the first Emperor Napoleon. It is law that was destined to apply to the eases not only of the head of the state. but likewise those of his cabinet.
 It was in consequence of this that when the other day the testimony of Premier Dupuy was required in the Dreyfus case, President Loew, instead of summoning the prime minister to his presence as an ordinary witness,
 
 secretary to humbly wait upon the premier at the ministry of the interior, there to receive such evidence as the minister might see fit to offer.
 l do not know what the procedure | would be in similar case in the Unit ed States; but in Great Britain, and even in many of the monarchical coun- tries of Europe, every cabinet minister and every royal prince are compelled | by law to furnish his evidence in a court of law.
 Several times during the rsign of Queen Victoria has the prince of Wales | taken his place in the witness box like an ordinary citizen and furnished his | evidence, and so, too, have ministers of the crown, even premiers.
 One of the fundamental laws of the | Prussian constitution is that all Prus- sians are equal in the eyes of the law and subject thereto, oven the conSort of | the sovereign. In several cases have | royal Prussian princes testified in courts of law, and it may be remenl- bered that during the trial of Major von Tausch. head of the kaiser's per sonal and palace police, three years ago, for forgery, the various ministers of state, and even the chancellor of the | empire, gave their evidence in court
 The ground taken is that with the | exception of the sovereign in person, | who, according to monarchical theory, can do no wrong, every perSo his sub- | ject to the laws of the land no matter | prince or peasant. The prince | of Wales, in fact, prjdes himself on be- ing the first subject of his venerable L mother.
 In France, however, which is a re- | public, and where, according to the | do, &a1 as,,I, oe tuition, all men, including even the ex- ecutive. should be equal. especially in | the eyes of the law, both the head of | the state and all of his cabinet minis ters are, by virtue of a decree bearing the signature of the first Napoleon, placed practically above the law and | exempted from the obligations of ordi- nary citizens.
 There has been no end Of quarrel | 1t St. Petersburg since the return of | the Grand Dyke Vladimir, and which las resulted in the latter receiving a sharp repimand from his young nephew, the czar. It seems that on of absence of several weeks, the Grand Duke Vladimir, in his capacity as gen eral in command of the metropolitan district of St. Petersburg, issued an or fer that was not only in conflict with he army regulations, but likewise at 1irect variance with some of the re- 'orms recently instituted by the new minister of war, General Kouropatkine.
 The minister took upon himself to lnnul the grand dukes general order, 1t the same time intimating to his inn 1erial highness why he had been com 1elled to take such a step.
 Tho tcrapd dI,kn wrote most violent and insulting let CT to the minister of war, and like wise a complaint to the czar, declaring hat he had been treated in q disre- ;pectful manner by the minister, and his dismissal
 KourCpatkine, on receiving the grand luke's letter, at once tendered his res gnatiOn to the emperor.
 Nicholas, however, declined to re-