Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-02
GLIMPSES OF GERMANY--X.
BY CHARLES PALMER EMERSON.

Three simple backleSS benches stoo'
Immediately before me running cross
Wise of the apartment. The middle 0
the opposite wall was occupied by
quadranSular tile stove from Whicl
extended line OF five chairs along tn
wall, toward the right. On the hithe
side of the apartment, midway be
tween the front bench and the plat
form, stood Il table for the use of tn,
Gerichtsdiener or servant Of tn,
court i asked the man at The
window if the chairs were for the use
OF spectators. He replied that they
We're usually occupied by the princi-
pals in cases to be called. Spectators
as rule sat upon the benches.
The door from the anteroom now
opened, ana stout, gray-headed man
came onto the platform, and seated
himself at the further side of the table.
He was the clerk of the court Some
time later five others followed him.
TWO passed the clerk and seated them
selves at the end of the table, at his
left; two more took the opposite chairs.
and the ether man. who was the Judge
of the court, seated himself at the right
hand of the clerk. This was to be a
session of the merchants court. The
Two men at one end Of the table We're
'kaufmannsgehilfe." -"merchants' as
slStantS. or, as we would say in
America, simply, clerks in stores The
TWO men facing them from the opposite
end of the table We're merchants. The
court was thus composed OF men with
lntIm1ta 1aI Of
aspects of cases that come before il.
both as viewed from the standpoint Of
the merchant himself and as viewed
from the standpoint of his assistant.
The deliberations We're presided over
by an able juriSt. whose vote often
prevents tie. Principals and specta-
tors came i'll. the Gerichtsdiener took
his place, and the session of the court
was opened.
The first case called was that Of a
clerk of an insurance company versus
subdlrector who was over him in au-
thority. The Subdirector was a natty
fellow, man of perhaps forty years or
more. light -compleXioned. well-groomed
and Of fine proportions. AS he stepped
forward to the rail. he had an air Of
assurance which seemed almost to
spell bluff" The other party was the
anxious man whom l had met at first.
The latter took his place with an air of
simple concentration upon the engross-
ing business of the hour. The pre-
llmlnaries. which We're quite long. con-
sisted in reading the records of previous
transactions between the same parties
III seems that. some time before, the
court had sentenced this subdirector to
pay to the present plaintiff damages in
the amount of three hundred marks for
Gisch;irging him without notice. and
without legal cause for such action.
The amount was fixed by the fact that
the clerks salary was one hundred
marks per month and, under certain
circumstances in the case, he was
legally entitled to three months notice
III ire absence of legal cause for q
more sudden discharge. He had al
ready received one hundred marks.
The remaining two hundred marks the
subdirector refused to pay. and the
present action was to recover this
amount.
The argument which the subdirector
advanced in his defense was as fol-
lows: In the previous case the court
had based its decision upon the view
that the discharge had been illegal.
Hence. argued the director. the con-
tract of employment was still in force
and the plaintiff still bound to obey the
commands of the defendant. On a
certain date. however in violation of
the contract of employment, the
plaintiff had refused to return to his
post at the behest of the defendant.
The defendant therefore contended
that the plaintiff had forfeited his
claim to the remainder of the damages
The subdirector now moved for a de-
cision of the court to the effect that the
remaining sum was not recoverable.
He had in the meantime procured an
order whereby no attachment could
proceed pending the decision Of this
case.
The judge Of the court now asked
the plaintiff what he had to offer. The
plaintiff showed that the subdirector
had written him q letter forbiddinG
him to set foot in the office before the
writer's return from 4 vacation After
the judge had assured himself that all
evidence was in, he inquired if the con-
testants would come to an agreement
The subdirectOr said he would not.
The judge then arose. and. followed by
the other members Of the court, pro-
ceeded to the council chamber
At my side sat young man, a clerk.
who was one of the principals in a case
to be called later. In reply to ques-
tiOns he explained several points In
the workings of the court machinery.
After due consideration the court re
turned and the decision was rendered.