Arizona republican., 1901-07-08
TRIAL BY THEIR PEERS.
People Exempt From the Jurisdiction
of Ordinary Tribunals.

iltlN are III ttlt Olu NOlll u ldIkt
number of individuals who by virtue of
old time prerogatives. conceded to the
| class to which they belong, enjoy eN-
emption from the jurisdiction OF ordi-
| nary tribunals. In Austria and In
Spain, for instance, the Knights of the
| Order of the Golden Fleece have The
right of demanding trial by the chapter
OF the order, and immunity from all
other legal procedure. In Au:,tria suits
| against members of the reigning house
can only be dealt with by a tribunal
presided over by the minister of the
imperial house. or any one whom he
may delegate for the purpose; court
the verdict of which must be approved
by the sovereign in order to become
effective. II was owing 10 the fact of
Princess Philip Of Coburg. daughter OF
the king of the Belgians. being re-
garded as belonging to the court OF
Austria that she was exempted from
the jurisdiction of the ordinary tribu-
nails three years ago. and that the
charges Of fraud and forgery brought
against her by Austrian and foreign
tradespeople and bill! discountere were
gericht," or imperial court, presided
over by the minister OF the imperial
houae, jointly with the lord high stew
ard of the court, which declared her
mentally irresponsible. and thus ac-
quilted her OF all criminal intent.
In Germany the members OF the so
called medlatlzed families to the emu
meration Of which Part II Gf the al
manach de Gotha" Is devoted. were
altogether exempt from the jurisdiction
of the ordinary tribunals OF the land
until 1873 teven when engaged in legal
disputes with persons VINO did not he
long to their caste), and were only sub
ject to a tribunal of their peers. spe-
clally organized for the occasion. And.
although since that time they have To
great extent been assimilated to the
ordinary citizen in legal matters, yet
they still retain large number OF
legal prerogatives and immunities. For
instance, they are not obliged to take
the ordinary form of oath In court.
their mere word being held to he suill-
Client; they can demand trial by the
supreme court. instead of by tribunals
OF inferior rank: and In matters which
concern Offenses not against the COM
monwealth. the state or against COM
mon law. but merely against the fam
lily to which they belong, as well as in
family disputes about property and the
guardianship Of minors. spcndthrifts
and lunatiCs. the issues are dealt with
by special tribunal composed of the
magnates of the family, the decisions of
which are subsequently ratified and en-
forced by the supremr court 1t should
be explained that the heads of these
mediatized houses. some Of them dukes
some princes, others merely marquises
and counts, formerly enjoyed the rank
and power of petty Novcreigrs, varsals,
however to his apostolic majesty the
emperor OF the holy Roman empire The
Napoleonic wars swept the majority
Of these small states away, and the
treaty of Vienna set its seal to their
disappearance. II was felt. however, at
the time OF the congress Of Vienna. that
these dlspossessed petty sovereigns re-
CURED some sort Of compensation for
the loss OF their dOmlnions, az well as
balm for their wounded pride. Ac-
cordingly. they and their lineal de-
scendants we're invested with number
OF extraordinary privileges similar to
those enjoyed to this day by princes
and princesses OF reignirg dynaoties,
and which served to distinguish them
from the ordinary mobiles of the land
Among the prerogatives were exemp-
lions from taxation. from the jurisdic-
ton OF ordinary tribunals and from
obligatory military service. Little by
little they are being deprived OF these
immunities which, where not entirely
abolished, are at any rate modified.
Thus, although the scions of the media
tiZed houses are now brought within
the scope Of the law OF obligatory mill
tary service, they enter the army as
officers without having Ia go through
the ordinary procedure to secure
commission.
In France, italy Spain, Portugal and
several other European countries the
"rnate serves as q tribunal for the trial
of offenses of reasonable character
against the state. ana likewise in cases
OF crimes against common law. where
the offenders are cabinet ministers.
great dgnitarles OF the state or mem
bers OF tho senate. Thus IN France a
man who has the Grand CrogE of the
NatlCral Order OF the Legion of Honor
can demand fXemption from the juris-
diction of the ordinary courts of law,
and trial by the senate sitting as the
supreme tribunal of the land, no mat
ter what his offense and the French
senate has just passed judgment upon
Count de Lur- Saluces, who was charged
with partakirg In a royalist conspiracy
having for its object the overthrow Of