New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-08
THE HIGH COURT OF JUSTICE
rXTRAORDINARY PROCEEDINGS ABOUT
TO BE BEGUN ~ FRANCE.
NOW Drpor1EDE AND OTHERS WILL BE
TRIED FOR AN ALLEGED PLOT 10
OVERTHROW THE FRENCH
RTPI Bic

PARTS AuhhHN 49,
The Government is believed to be IN possesS'o"
NJ yoluminous documentary evidence es'Ap"s"-
,r, ,ho ex,atencc OF p Nationalist and Royaiist
Mot 10 overturn the Republic, and there IS every
trd,cat,on that President Loubet will apply the
oo,s,itutional law Of July 10, 1879. This pro-
vides that the Senate can be resolved by de-
crea NJ the President in Council, into HiSh
Court ~ Justice 20 try persons charged WIZ"
onences against the security Of the state l"e'7
is only one precedent for the resort 70 tn's ~
traordinarv power, and that was IN 1901 wiz"
- ,vas nut into action against General boula"s7i
and NM Rochefort and Diilon.
The legal machinery about TO be PUT III f'o-
ton against NJ. Paul Deroulede ana '"oSe
charged with being has accomphces VIII ~ pm
uo. - the measures taken In lSS9 PermSsl"n
,,,os then obtained from the Chamber OF Depu-
,,os 10 nroceed against one Of its members ana
president Carnot. on April g. 1889, convoked the
Senate in its capacity Of High court OF Jus
tIce The procedure Of an ordinary rrencH '''''-
tnal inquiry was followed, including sS''''
"instruction." conducted by Senator'S ana pun
~ .r,ot rr.sided over by the President Of the
Senate. assisted by the Public prosecutor J."
tho case Of Deroulede however. the 'instruc-
ton" and the examination Of the prisoners o""-
not he made in camera, for the secrecy of such
......odir,e was abolished by the law Of Deem
her 10 1891. It Will be remembered thar ID me
pou,anper trial the accused men. who had pre-
,,o,,sfv ned from France. were in their absence
condennod almost unanimously, although many
NJ the Royalist and reactlonary Senators a'' "oI
take mart I'm the judgment. having 'Np'~'"'U
,boir abstentlon ty declarations OF in'ofpe-
tcnce
The investigations that have for three weeks
boon conducted by VI Fabre, the examining
MAGISTRATE in charge ~ the case nave aie""s
resulted in the discovery n comproInishs uo'"-
,.o+e Fl, Paris and at Caen. which are sald 10
loaye no doubt In regard 10 the existence d Wv
Mot Notwithstanding tho efforts ~ the Na"'ha'-
,st Rovaisst end Clerical organs. Wni'n i'r the
moment are all pulling harmoniously together
and r!dicu'e the Importance attacN'o ~ ''''
Government 10 the alleged conspiracy
rho vial ~ DerouiAdc and his alleged fellow
oors,ir,tors before the High Court ~ Justice
wu nrobahly not begin until the Rennes court
n,ortsl is concluded: that Is to say in the latter
hal, If September The trial promises TO DO me
most ionortant state trial that has SO far taken
rlaco under the Third Republic for tho bou-
,orger trial was deprived of a large share NJ us
,,,oros, Nv, the absence Of the accused men The
proceedings " the Ugh Court 81 Justice are
REGULATED by the law u April TO- 1881, and as
the trial will no doubt be closely followed IN the
United states. it may he worth whhe to point
out some Of the methods upon which 1t VIII he
conducted. 49,
The law Of April 10 1850 provides for the
election I'm tho senate each year ~ c"in'i'S-
s,on ~ nine Senators intrusted with the prepaia-
t,on and investigation ~ cases that may -
brought before the High Court OF Justice Inc
decree Of the President OF the Repuhnc MS
the date and place for the first meeting OF me
senate when transformed into the HlEh our
-, r,s,,ce The President Of the Republic noml-
mates the magistrates charged win the luio
,,o,,s % procurator General and Advocate Cen
eral but these must be selected rom '''7
members Of the Court # Cessation or from the
Courts Of Appeal The secretary Of the pres'-
don't 81 the Senate acts as clerk Of the court
rho r,rh Court has unlimited discretionary
noyyers in regard to its judiciary action 1t mas
authority TO maintain a portion only Or the
charges and send other charges or portions OF
,tor, 80 no tried before other tribunals.
Az soon az the preliminary investigation
-,htob must be public is concluded the 'dossier
10 ,,,ittad 70 the ProcuratOr General. ana the
o.crea5 men choose their counsel. The Pro-
c,rator General draws MP the Indictment "h'h'
NTH other documents accompanying II, cons"-
.,,,os the inevitable French official "dossle''
ubicb must remain with the register OF the
oorrt for three days for inspection by hoih
s,des The sittings must be public so Sena-
tor who has not been present AZ every sitting OF
the court can take part in the hnal judgment
,e COO, as the public sittinss are concluded
! rho deliberations I'm the Council Chamber nes".
! Aftor these are concluded the vote Is taken Il
o,,or ,,,.o votes no term OF punishment obtains
o majority a third vote is made. the most severe
ronaltv proposed at the previous voting oe'"s
lor, ont The number Of times that votes may
I'D. ,ol,e, is unlimited The Judgment is without
ann.al 1t must be given by A minimum OF hai
tho senators voting. plus one. The reasons l''
the judgments must he written ana must We
signed lbs each Judge All Senators not oo''
relations Of the accused persons may vote. ANY
Senator vino thinks he has good reasons '''
abstaining from acting rs Judge must S""-
mi, his reasons to the High Court in the Coun-
eff Chamber. and II those are not deemed sur
Aciant the Senator must vote. Senators VINO
GRO members Of the Cabinet must. however, abb
stain from voting and from taking any part IN
the deliberations.
Tho last election Of the nine members Of tho
Commission Of obstruction" took place on
January Il. $500 The following Senators were
then elected NJ. Berenger. life Senator NJ
| Chovet Senator from the Department OF the
J Disc. NJ Franck- Chauveau. also Senator from
the Oise. NJ Devene, Senator from the Meusei
| NJ Cordelet Senator from the Sarthe; NJ l)u-
solier Senator from the Dordogne; NJ Cazot
Nra Senator. NJ Morellet. Senator from me
Aisne and NJ Isaac. Senator from Guadelup'
NJ Isaac dad recently but his place VIII De
filed hy one ~ the five supplementary members
~ the Commission Of INSTRUCTION who were
also elected last January. VIZ Senators TIL
lave De Verninac. Monsservin. Maxine. Le
comte and Antony kater senator lllaye
formerly Minister of Public Works IN the CaoI
net Of VI Henri Brisson. being first on the sup
Elementary list viii replace Senator lsaacs de-
ceased II Will be reconected that NJ Tillaye