New-York tribune., 1907-09-25
COUNTESS CANNOT WE'D.
King of Saronys Former Wife Stu
an 4rckduchess.


,srd matrimonial unicn and the stories which have
been current during the fortnight to the effect
that she in London and about TO marry an
italian singer pianist of the name of Toselh are
vigorously denied by her relatives at Mumch' 0al@
hurg and Vienna by her legal representatives at
1oresden By the court of Saxony. and by her
sr;en5s at Florence. OF course, woman VINO mas
been sufficiently weak minded to sacrifice her nus
hand her children and European throne 1or u'e
sake Of a temporary caprice for such sorry ana
,,,ga- Don Juan as the Belgian Professor c1lron
NAV naturally be regarded capable OF any o'her
moral eccentricity. Her parents the Grand Duke
and Grand Duchess of Tuscany, with whom she
remains on the most afectionate terms, as well as
her LAWYERS insist that not only is she not going
20 marry Tosell but that she has not even been
In London left Italy. and that the entire story
rests upon case of mistaken identity
Perhaps the best proof Of the truth of their de-
NAL is 10 be found fact that little Princess
Anna Monica in her fifth year. is still with her
mother Florence with the sanction of the King
Of Saxony which would certainly not be the case
Il she had been guilty of the latest escapade
sscribed to her In that event the child would have
already been taken from her. 1t must not be for
gotten that whereas the countess's eldest brother
ex-Arc1duke Leopold, has been expelled from the
House of Hapsburg. banished from Austria ana
forced become a citizen Of a foreign country,
namely Switzerland-in word, has ceased 10 be
long to the reignng house OF Austria forever and
is beyond the jurisdiction of the laws by which
il is governed-she, the contrary, still belongs
thereto. She remains imperial princess OF the
reigning house of Austria and Hungary. a royal
princess of Tuscany and Austrian arohduchess.
being according to the official decree Of Emperor
Francis Joseph merely suspended from the use
and enjoyment of the prerogatives'' such g
punishmen, for her misconduct in connection with
Giron- Her and her titles viii still be found
in the Almanach de Gotha at the head Of the list
Of the children Of Archduke Ferdinand Of austria
excsrand Duke OF Tuscany. from which all mention
Of her brother Leopold. known as MI Leopold |
Wolf1g. has disappeared
As a member of the House Of Hapsburg she still |
remains subject to its statutes and these provide
That member of the dynasty contract |
valid marriage without the official consent OF its
chief. the Emperor These statutes recognized |
part and parcel Of the Austrian code OF laws |
and member OF sovereign house she remains /
subject the family statutes of the House OF |
Hspsoure. matter in what part Of the world /
she may happen be. For princes and princesses
Of reignins families when abroad enjoy the same |
exterritorial immunities ambassadors and en- !
voys. and amenable only the jurisdiction |
OF their native land Moreover there is a certain
understanding among foreign nations according to 1
which family statutes govern the behavior Of royal
and imperial personages. not only at home but |
also abroad, and have lately in the |;
case Of Grand Duke Cyril of Russia and of the |
Grand Duchess of Hesse, II until the Car |
s few weeks ago gave his sanction TO their mar /
riase that the latter. although contracted three /
years ago. recognized a valid union by the |
foreign courts and governments.
Moreover both the Countess Montignoso and the !
Catholic Church which does not recognize the di- /
pronounced between them by the Saxon
Of IN the eyes Of all Catholics |
they still man and wife. and the countess in
consequence thereof the de jure Queen of Saxony.
FREEDOM FOR GERMAN RETIRED OFFICERS
Cierrany's courts Of law have just rendered in
the Colonel Gadke decision of far reaching
Importance which will affect many Of the Kaisers
subjects who have established themselves in the
s-oa &c 1
officers OF the German army the retired list
are exempt from the jurisdiction of the so-called
courts Of honor. and of the military tribunals. and
that they only anenable to the authority Of the
ordinary civil and criminal courts Of the land for |
their conduct. In word thu only officers whosa
conduct is subject TO the control Of the military |
authorities. Of courts OF honor and Of
tial. from henceforh those the active list Of
the army. |
Until now il has always been assumed that re-
tired officers remained amenable the uris-
diction those the active list, and often in the
cases where the courts of honor required retired
officer TO fight duel he found himself in conflict
with the civil and criminal tribunals, which are
obliged by the law Of the land to punish severely
oonnbats CT this kind There have been in
stances where il-natured gossip concerning the
irtatons the fascinating wife of retired officer
have led the so-caled courts Of honor call upon
her husband TO challenge one more Of the
admirers OF his wife TO single combat although he
was convinced of his wife's entire innocence. and
publicly to the mother Of his children charges OF
unfaithfulness. The alternative that Is say II
he refused 10 obey the behests IF the court Of
homer was not only the deprival of his rank and
STATUS retired officer. but also social ostra-
cisrn bitter and complete generally to lead
his expatriation.
From this tyranny-for IT Is difficult to describe
II by any other name-the retired officers Of the |
Germany army now emancipated, and the line !
between military and civil Jurisdiction has
the FIRST time definitely established.
he Issue originated with the action of court | ,
OF honor issuing decree against Colonel Gadke, |
The well known correspondent and expert | ,
writer on military affairs in the Berlin 'Tageblatt"
He had al the time Of the shocking assassination |
OF the late King and Queen of Servia published in |
the -Tageblatt' a very injudcious article his
signature in which he virtually defended and ex-
cused the regicides the ground that there were |
cases where the conduct of the sovereign reached
stage where it ipso facto relieved officers OF the
army and navy CT the obligations Comprised in |
their oath OF allegiance
II was most foolish and iii advised article. al |
together subversve Of military discipline since 1t
not only implied that officers at liberty to de-
terT,line OF themselves when the behavior of the
monarch was such to relieve them Of their alle-
glance and obedience. but also indicated that they
justified numbering their sovereign IL he OBJ
iected to their attitude in the matter In fact it
was article which experienced soldier and
clever writer and gallant veteran the
colonel should have written. and which he has
probably often regretted since
As soon as it appeared court Of honor was at |
once convened at Berlin. which, after duly
siderine the affair. Issued decree condemning |
The letter and depriging Gadke of his status |
retired colonel Of army and of his right de-
scribe himself as colonel. This decree received
the sanction OF the military authorities and was
,n1orsed by the Minister of War. Ever since
hr,c,y