The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-03-28
Is the Court of Cessation Biased
Against Dreyfus?

The latest incident in the Dreyfus affair
seems to justify the forebodings OF those
who have predicted that the transfcr Of the
tho Court of Cessation to the full bench
would result in a miscarriage of justice.
Tho Anti-Revisionists have been accused OF
knowing that a majority OF the ~forty-nine
Judges composing the supreme tribunal
are predisposed against a tinal acquittal OF
DREYFUS and prefer to relieve themselves
of responsibility by merely quashing the
original sentence OF the score of irrcgu-
larity, and ordering a new trial by court
martial. Tho refusal OF the application
made by Nine. DREYFUs for the exclusion
of certain Judges appears to offer some
foundation for the charge.
What occurred was this. After thetrans-
fer Of the investigation from the criminal
section to the whole court had been ordered,
Mime. DREYFUs submitted an affidavit in
which she set forth that certain members
Of the civil section, namely. Judges PETIT,
CREpON and LEPELLETIER, should be ex-
cluded from the revision inquiry. on the
ground that, in the early stages of the pro-
ceedings, they had decided unfavorably on
certain questions related to the Drcyfus
case. The application was supported by
the Procureur-Gen6ral. NJ. MASAU. and
there seems to have been nearly an even
division Of opinion in the civil section, to
it was only after celebrating for some
hours that the Court decided to reject
the petition and to affirm the competence
of the Judges to whom exception had
been taken. The decision is said to have
been defended by NJ. BALLOT DE BEAU
PRE-, who has succeeded NJ. DE BEAURE-
PAIRE as President Of the civil section. on
the ground that, while Judges could not sit
on appeal In matters involving questions
previously decided by them, they are not
subject to this disability when a case Is re-
ferred, as it is under the now law, not to Il
particular section, but to the whole Court
means sound. 1t is plain enough that
three Judges, or even one Judge, can turn
the scale in favor Of a decision previously
rendered in a section comprising sixteen
members, but a single biased Judge might
also suffice to turn the scale in the whole
Court Of Cessation, comprehending forty
nine members. So far as the moral effect
of a decision by the whole court on tho
community is concerned, it is as important
to avert the suspicion Of bias against the
accused as it is to avoid the suspicion Of
in his favor.
The sole pretext for the new law trans
ferring the Dreyfus inquiry from the Grim
inal section to tho whole Court of Cessation
was the expediency Of frightening the
moral effect Of the decision on the commu-
nifty. 1t must be remembered that the i'm
putations on the criminal section put forth
by VI. DE B~EAUREPAIRE were investigated,
first by a judicial commission, and, Sec
ondly, by a committee OF the Chamber Of
Deputies. The parliamentary committee
unanimously absolved the criminal section
from any suspicion Of unfairncss, and, by n
majority Of nine to two, reported against
tho Government bill, while the two dis
sentients commended it merely on grounds
Of policy. The judicial commission, con-
sisting OF NJ. MAZEAU, the first President,
and two Judges. had declared previously
that it found 40 reason for doubling the
good faith and honor OF the Judges ompos-
ing the criminal section, but it added that,
in "the present state Of public feeling" It
might be more iudlcious plus sage il the
adjudication OF the case were transferred
to the full court OF the three sections,
which would be presided over by NJ. MA
ZEAU. The friends OF DREYFUs are likely
to contend that it would be equally Judi
cious to exclude Judges from acting In a
case as to which they have already ex-
pressed opinions in preliminary proceed
ings. There is an apparent inconsistency
in caring so much about public feeling in
the one instance and so little about it in the
other. 1t Is to be feared, however, that,
when NJ. MAZEAU referred to 1.-THE present
state of public feeling" what he had in mind
was not the demand OF the revisionist mi
nority for justice, but the angry and vio-
lent attitude OF the i-Rcvisionists, who
command n majority in the Chambers, and
are backed by the army.
When ii. DUPUY introduced his bill for
transferring the Dreyfus inquiry TO the
whole Court OF Cessation the inference was
drawn that he had reason to believe that n
majority Of the forty-nine Judges com
posing that tribunal would refuse to pro-
nounce DREYFUs innocent, and would sim
ply order a now trial by court-martial.
That his confidence was warranted Is in.
dicatcd by the refusal to grant Nine. DREY-
FUSS application, 1t is probable, however,
that the anti-Dreyfusite majority in the
court is not large; otherwise, il would
have wished to avert suspicion by excluding
the three Judges Of whom Nine. DREYFUs
complained. Tho virtual acknowledgement
that the votes OF those three Judges may
be needed suggests the existence of a large
and sturdy minority that will oppose the
evasion of responsibility, and will advo.
cate n judgment OF mot guilty." il the
facts shall call for it.
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