The daily morning journal and courier., 1905-03-30
MERCANTILE COURTS.
Germany's Experience With Them
 Will Be Worth Watching.

courts lGewerbegerichte) in existence for some years past. forms an interest ing extension of the judicial system of the empire. These new courts, which are to form an integral part of the state judiciary, are created under a law of the empire passed in July, lSO4 which became operative January l, 1905. They are designed to provide a prompt, inexpensive, and, as is sup posed. an appropriate tribunal to de eide questions arising between mer- chants and their employees or appren- tices. The term mercant (Kaufmann) is used in very broad sense to include practically all those engaged in trade as distinguished from manufacturing In includes, indeed, the buying and selling departments of manufacturing concerns, as well as railway undertak- ings, warehouses, transportation agent gas and waterworks, banks, hotels and cafes, insurance societies. cab drivers teamsters, mines, stone quarries, etc. The mercantile courts are to have eXceusive and original Jurisdiction in practically all controversies arising between employer and employee in these branches of business, including disputes arising over wages, the term of service, the wrongful discharge of employees, breaches of contract, sur render of bonds. and other security for faithful performance on duty, in- valid insurance etc. The cause 0 action must in all cases grow out of the re- lation of employer and employee, and does not extend to disputes arising be- tween the parties but not connected with the employment. Furthermore. the law does not apply to employees receiving salary of more than 5000 marks ($1,190) nor to employees in drug stores. It relates to civil proceed l ings only. @
 The law creating the courts provides that one shall be established in each city of over 10000 population, and that such a court may be established in a district including several towns or will ] lages having collectively population l to exceed 10000. The number of mem
 bers of the court and the term of of flee, which must be at least one year and not more than six years, is left in part to the law-makfng power of each Of the separate states of the empire
 The court is to consist of a presiding officer with one substitute and at least four associate members. The number
 of associates is likely to depend some. what on the extent and variety of the industries in a given district. Thus, ill tho city of Mannheim the associate members consist of 24 merchants and
 24 employees, representing consider able number of different branches of
 business. Selections will be made from these for each hearing, depending
 somewhat on the nature of the con \ troversy.
 The presiding officer and his substi- flute are elected by the city council or lby several city and village councils within the district. The appointees shall have the qualifications required for appointment as judges, except as lthis requirement. may be waivered by consent in special cases by the state minister of internal affairs, or other proper authority. A mercant or mer- cantile employee is not eligible to elec- Ition as presiding officer or substitute. The associate members of the court lshall be selected from merchants the term being used in it's broad sense as labove explained) and from employees
 of merchants, one-half from each class. They shall be at least 30 years of age
 and shall be elected respectively by se-
 cret ballot of employers and employees Inc one having the right to vote who has not reached the age of 25 years.
 Males only are permitted to vote or to be members of the court.
 | In the trial of cases parties may ap- lpear in person, or in some cases by
 duly authorized agents. The trials are to be conducted informally, lawyers
 not being permitted to take any part,
 on the alleged ground of the lessenine lof expense to the parties; thus mak- ling the court alike accessible to the lclerk or apprentice and his employer. | Provision is made for the compulsory attendance of witnesses. including ex- perts, and for the taking of the testi- mony of witnesses who for any cause are unable to attend hearings. Special efforts are expected to be made to se- cure compromises before or durina hearings While cases may in most
 instances be heard before part of tht court, in all cases the presiding officer i or his substitute must be present; ano Iof the associates present an equal number must come from the employer land employee classes.
 Informal pleadings must be filed in leach case Thes complaint must show
 the names of the parties, in what the lcontroversy consists, the kind of proof |that will be offered, the relief prayed flor, etc The court is provided with a
 clerk, and record of each case is re-
 quired to be kept, including the deci-
 sion rendeded. Judgements are enforc-
 ed as in other courts. Appeals may. be taken to the regular courts when thu
 amount in controversy exceeds 30t
 marks (s71.40). Cases may in some in
 stances be reviewed on error by tht other courts without reference to thu
 amount involved.
 The expense of maintaining tht lcourts is born by the respective city or district in which the court is estab lished, so far as the costs collected from ilitigants are insufficient to mee
 the expense. Costs charged to the par
 ties are small, and depend alone ol the amount involved in the contro tversy Thus, when the amount involv ed does not exceed 20 marks ($4.78), tn, tcosts are but i mark (23S centS)