Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-01-02
GERMAN JUDGES CALLED
TO SIT IN POLAND COURTS
Practically Every Jurist Fled When
Warsaw Was Evacuated
by Sfavs.
EXISTING LAWS ARE ALTERED
Right Of Appeal Restricted in Order
to Prevent OBSERVATION-DISCLOSURES
Criminal Statutes Made Effective.
Official Language Prescribed.

WARSAW. January practically
every Russian judge in Poland fed
when Warsaw was evacuated by the
Russians and occupied by the Germans.
The invaders. therefore. were confronted
with peculiar situation in their ef-
forts to e-cstablish order. and the way
the problem has been solved has been
largely through the importation Of Ger
man Judges and the appointment Of
German lawyers who had been wounIed
in battle to judicial positions. Almost
every Polish judge or lawyer who re-
manned in tho country declined To MI
the vacant positions for fear OF pun.
ishmcnt by the Russians if the latter
should return.
For centuries past Poland has had
two kinds OF judges. lay and profess
sional. Tho lay courts. handling small
and unimportant matters, were scat
tered all over the kingdom. and their
base rulings were mainly on common
sense, rather than technicalities Of the
law. The professional judges were To-
Gated almost exclusively in cities
Since the German occupation the
number OF judges has at no, time been
entirely sufficient to handle all casos.
existing law in some particulars. The
right OF appeal TO Il higher court has
been restricted somewhat, in order to
prevent congestion. and "a master in
ehancery system" has been evolved 10
tighten tho work OF higher justices.
The Warsaw Trade Tribunal wa.
created az a sort of supreme court for
civil matters and placed in charge Of
two judges. who rule on all important
cases and appeals for the entire king
dom AS assistance the services OF II
number OF expert civilians were en-
listed, who hear evidence just as mas
ters do aud then report to the JUS
tees
NAPOLEONIC LAWS ARE
RETAINED BY GERMANS
With few exceptions. the NapoIeonic
laws. especially those goy.fninp civil
matters, commerce, marriage. parent
age. Inheritance, and 80 forth haze
been retained, and the imported Ger
man Judges rule accordingly. The
principal exception concerns deb; pro-
ccdurcs. which constituted one OF the
most difficult OF the legal problems
which the Germans found themselves
confronted with.
Sapoleonic, and hence Russian, law
provides that. III case of Ii debt acliGn,
It notary. with two witnesses. must 20
to the debtor take his statement and
rule against him when the evidence
warrants and payment IL refused.
The exigencies OF the war. however
long before tho arrival OF the Germans
had altered the system The notary no
longer went personally to the debtor,
and sent hut one witness, merely be-
cause witnesses were scarce, and the
notaries were too busy TO be able 10
spare the time.
The Germans. therefore. were con
frontcd with the alternative of con-
donins this breach OF law and becoming
party to II. or Of changing the law The
latter course was adopted. and the Ger
man system applied In debt matters
was introduced.
Up to the time Of the arrival Of the !
Germans moratorium had existed. /
that this was having more evil effects
Than good, and raised it almost at once |
This step WAS easily decided upon. since /
existing Polish law gives all Judges The
power to grant Individual moratoriums
when they seem TO be necessary. With
the abolition Of the moratorium In Po-
land a widespread evil--the lodging OF
just debt by men we'll able to pay-wss
done away with.
The criminal law in effect in Poland
had for years been looked upon as so
antiquated an1 archaic that the Rus
sian government. in 1908. recodiiied the
statutes. The revised laws. however,
for one reason and another, never had
gone into effect. After consultation
with Polish legal authorities, the Ger
mans at once made tho recodifed stat
utes effective.
For n century the prevailing lam
guaGe In country courts in Poland has
been Polish. and In the higher courts
Russian. The latter language has dis
appeared almost entirely from the en-
tire kingdom, as much II is declared
becausi of any ruling of the conquerers.
The Germans ordained that Polish /
and German should become the official 1
court language, with. however, the adj
d!ional provision that cases should be I
conducted in that language in which /
principals were best versed. In con-
sequence almost every suit, civil or
criminal Is carried on i'm Polish, The i
German judges who have been. i'm.
ported speak Polish i'm an astonish.
ingiy large number of cases, and even 4
Poles who know German are able to
testify In their native tongue.
ARRESTED FOR ,rIIElri