The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-20

ment and that thus the mode Of choos-
ing Senators has been popularizod, that the
Senate was called by GAMBETTA the Great
Council o; tho Comuunes OF France" The
signal extension given to the constituencies
by which Senator's are named. hns had tho
, result which GAMpErrA expected, about
! five-sixths OF the 300 members OF the French
| Upper House being Jealous supporters OF
! the present Republican regime.
| The judicial functions OF the French
! Senate are not identical with those pos
sessed by the Upper Houses OF Parliament
in other countries. We scarcely need point
out that the British House Of Lords not
only tries cases Of high treason and has
exclusive jurisdiction over the members OF
its own body when accused OF crime, but is
the highest court Of appeal from the English
courts OF law and equity. The German
Bundesrath. although in it's essence, as
we have said, diplomatic rather than
a political body. has no little power OF
judicial or semi-judicial nature. IL
decides disputes between the Imperial
and State governments about the interpre-
tation OF imperial statutes. 1t Is, virtually,
court Of appeal In cases where there is
cides controversies between States which
are not OF the nature Of private law, II ap-
pealed to by ono Of the parties; and, finally,
when constitutional question arises In n
State which has no tribunal empowered
to decide it, the Bundesrath must try
to settle 1t by mediation, II requested
to do so by one OF the parties, or. IL
this fails 1t must try to dispose OF
the matter by imperial legislation.
The power Of the Senate OF the United
States to sit as court Of impeachment
was not copied, as we have intimated,
In the organization OF the Swiss Coun-
Gil OF States; in Switzerland the jurisdic-
tion over cases OF high treason
against the Confederation belongs to
the Federal Tribunal which Is COM
posed Of fourteen Judges and as many
substitutes elected by tho Federal Assem-
bly,, that is to say, by the Council OF States
and National Council, or House OF Repre-
sentatives, In joint session, which Federal
Assembly also designates tho President
and Vice-President Of the court for two
years at time. The Italian Senate,
although purely appointive body unllm-
tied In numbers, and therefore presume
bly, comfortable by the Executive, can
sit Us court to try Ministers impeached
by the Chamber Of Deputies; to try all
cases of high treason and attempts on the
safety OF the State; and even to try its own
members, the Italians having copied in
their Senate the Anticipated privilege
which entities the English peers to be tried
for crime only by members Of their own
body.
The judicial powers entrusted to the |
French Senate correspond very nearly to |
those OF the American Senate. The Presi- |
dent Of the Republic is authorized, with |
the approval OF the Council OF Ministers.
who usually represent the majority of the |
Chamber of Deputies, which corresponds to |
our House Of Representatives, to constitute |
the Senate high court to try any one for |
an attempt on the safety OF the State. The |
OF high treason on the part OF |
the President, or on the part OF contuma-
cious Ministers retaining Office in the teeth
OF vote OF want OF confidence, is provided |
for by the organic law OF July 16, 1875,
which empowers the Chamber Of Deputies,
on its own initiative to impeach Minis
tiers, and even the Chief Magistrate of the
Republic.
When sitting as court Of impeachment
however, the French Senate is presided
over by its own President and not, as In !
the case OF the United States Senate by the |
Chief Justice OF the highest national court.
The French Senate's power to sit as a high |
court Of justice was used in the case OF |
Gen. BoULANGER, who failed to appear for |
trial and was condemned in his absence. |
1t is now being used, as we have said, for |
the second time in the history OF the Third |
Republic for the purpose OF trying alleged
accomplices in the coup dftat which had |
been planned for the day OF President |
FAUREs funeral.