New-York tribune., 1910-11-02
WAS STILL A PRINCE
Status of Missing Ex-Archduke
JudiciaIIy Determined.

,,. ,o,n Nv the brentwood Company
- o-4b-+hsf is to say. the long miss
s-.vA-rhd1ke John Of Austria-has late-
~ -bser the subject of q considerable amount
:, discussion in the highest legal circles OF
A,,-+rta and Hungary. owing TO the neces-
st+v Of establishing his precise status al
che time of his disappearance, just twenty
wears ago He left in Austria fortune
which now amounts 10 nearly SS,ooO,WO'
and this is claimed by his nephew. Arch
Suka Joseph Ferdinand. as head OF the
Tuscany branch of the House Of Haps-
burg. 10 which Archduke John belonged.
The question 10 be determined has been
whether John Orth at the time OF his as
appearance and reputed death was still
prince OF the imperial family Of Austria
entitled 10 all his prerogatives and priv
TeEes q s such or whether he had become
q mere private citizen by his act OF re-
uunciatfon Of his rank. II by the latter ne
had become a mere ordinary citizen then
the ordinary courts were competent TO deal
with the matters relating TO the disposi-
ton Of his fortune, whereas If, despite his
loss of his imperial status and dignlties'
he had nevertheless remained in the eyes
OF the law 4 prince Of the blood, then the
only tribunal qualified 70 decide about his
property would be the Oberhofmar-
schaIlamt''-that Is TO say, the tribunal Of
the grand marshal Of the imperial court
which alone is vested with the power OF
dealing with matters relating 10 the mem
bers Of the imperial family and their prop
erty.
Il has now been definitely established
that John Orth. despite his loss Of his
titles and honors and his alleged reduction
-g%f-
rnained in the eyes OF the law a prince Of
the blood. and. therefore, subject TO the
jurisdiction of the "Oberhofmarschallamt."
The latter may be described as the AUS
trian counterpart Of the English Board Of
Green Cloth which. presided over by the
Lord Steward Of the Household, is a tri-
bunaI vested by law with judicial powers
Il life and death over all the members Of
The Court Of St. James,. powers which the
Lord Steward would nowadays delegate 70
the Lord Chief Justice or 70 some other
occupant Of the bench. TO be exercised il
his name
The OberhofmarsChaIla liant. at Vienna, last
June officially proclaimed the missing arch
duke 10 be dead, but allowed a period of
SIX months. which will elapse at Christ
mas. for the fling Of any protest against
the assumption OF his death. None. how
ever has Yet been filed. nor is II likely that
a. ythinz Of the kind will be done within
the allotted time. For Archduke John ts
undoubtedly dead. and none of the men
who have put forward, directly or indirect
" pretensions to be this missing scion
Of the House of Hapsburg have been able
10 establish their identity or even the
slightest resemblance 10 him. For, as
have pointed out before in these letters, he
had been for many years prior 70 his dis
appearance. and indeed as a quite young
man. so completely bald as to be compelled
10 wear wigs-wigs which when among
friends he would remove for the sake of
comfort and Of GOODNESS. Not one of the
bogus Archduke Johns has been bald. but
all have been distinguished by z thick crop
Of hair