New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-02-19
ABOVE THE La w.
CONTRAST BETWEEN CONTINENTAL AND
ANGLO-SAXON ADMINISTRATIONS
WHY COURTS OF JUSTICE. EXCEPT IN ENGLAND
AND AMERICA ARE WITHOUT BACKBONE
OR INDEPENDENCE - DEPENDENT
ON AND SUBSEQUENT TO

In the United States as in Great Britain, the
law of the land Is superior to the Government
the members Of which are subordinate, In com
mon with all other citizens to the jurisdiction
of the courts On the Continent OF Europe 1t Is
the contrary that Ia the case There the admin
istration is practically speaking, superior to the
law, and the tribunals, both high and low, are
subject to the Government OF the day either In
the person of the Crown as, for instance In
Germany Austria and Russia, or else in that OF
q Cabinet which owes its ephemeral tenure Of
power to the caprice Of parliamentary ma
jority 1t is absolutely necessary to bear this In
mind in order to understand what Is now going
in France, and likewise to appreciate the ae-
ton OF the Italian courts in connection with the
bank frauds the German tribunals In the mat
ter Of leze- majesty, and the action Of the Span
ish Bench In dealing with the legacy bequeathed
by Queen Isabeas half brother Don Alessan-
dro Solar, to the Queen Regent Their attitude
would be incomprehensible were 1t not for the
fact that the Judges OF Continental Europe are
mere Government officials. subordinate to the
Executive Instead Of being. az In Great Britain
and here In the United States, superior thereto
Neither in England nor In the United States is
there in the Cabinet a member OF the Admins
tration who holds the office of Minister Of JUS
tice At Washington there Is an Attorney Gen
eraI among the constitutional advisers of the
President. But he has nothing to do with the
supervision or discipline OF the judiciary Of the
United States and his duties practically
those OF counsel to the Executive In England
the Lord Chancellor has a seat ia the Cabinet
But his responsibilities have little or nothing In
common with those Of Minister OF Justice. and
while he Is superior In rank to the judges OF the
land they are wholly independent Of him, since
he has power to discipline OF dismiss any
save the justices Of the peace. who In nine cases
out of ten have no legal training and receive no
pay
On the Continent however. every Judge no
matter what his grade. IL under the orders OF
the Minister OF Justice for the time being 1t is
the Minister who makes the nominations and
the appointments although these bear the sig
nature of the executive. 1t is he who decides
upon the promotions and upon the rewards. and
II is he also VINO has the power OF dismissal not
only in the case OF the subordinate magistrates.
but likewise In those OF the judges of the High
Court, and even of the courts OF appeal 1t Is
perfectly true that in France this disciplinary
power with regard to the judiciary of the high
courts is supposed to be vested in the hands of
that supreme tribunal known az the Court Of
Cessation. But the latter liz itself subject to the
orders of the Minister of Justice, who, mat
ter whether not he be lawyer by profess
sion. presdes in the Court Of Cessation In all
disciplinary matters directs and controls its
views and pronounces judgment In it's name.
NO INDEPENDENCE ALLOWED
II judge gives offence to the Government of
the day in any Continental country his life is
made burden to him In many ways. He will
be transfe red to some disagreeable post, his
rights to promotion will be suspended; the deco
ratons and orders OF knishthood which to
every foreigner are source Of satisfaction and
al object of ambition withheld; while, II
that Is not sufficient to bring the recalcitrant
fudge to his senses either his pay is stopped or
he Is dismissed When, In addition to this, the
fact is taken into consideration that the pay of
the judges everywhere in Eurore save IN Eng
hnd g so incredibly meagre as to offer little or
no Inducements 10 lawyers possessed Of intellect
learning and forensic powers, 1t viii readily be
understood that II is only the most inferior
quality of legal timber that remains at the dis
posal Of the Government for conversion into
Judges and that the very fact that man forms
part Of the judiciary OH the Continent Of Eu-
rope constitutes an indication that he Is both q
Auard and. above all poor lawyer.
In this country seat the bench either Of
the Supreme Court Of the United Ctates even
the Supreme Courts OF the separate States Is
Justly regarded rs public acknowledgment Of
legal emnence and Of Independence OF char
acter while In England the same thing Is the
ease. judgeshlps az rule marking the climax
OF a successful and brilliant career at the bar.
In France and elsewhere on the Continent OF
Europo It IL the reverse that Is the case and the
mere fact that man Is Judge is considered
As admission that he has been failure as a
hwye- and that he has little or no independ-