The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1918-07-23

sui IN IOrce VI Whlcn no decree OF /
The occupying enemy had deprived
Of its validity; it declared further
that the interference of the governing
authority in judiciary acts to arrest !
the mourse of Justice was not COM
patible with the absolute independ-
ence of judiciary functions nor with
the laws which still govern them.
1t added that above all the arrest
Of Messrs Levy-Morelle, Ernst, and
Carer. and the suspicion of the coun-
sellers Of the Court of Appeal of
Brussels. for legally performing their
functions of judicature were in d.
rect opposition to the fundamental
rules of the Law of Nations and with
the solemn promises made to the
court by the government Of the oc-
cupying territory; that they consti-
tuted a denial OF the complete liber-
ty and independence Of the Judge in
yhe exercise of his duties, and that
by placing tn magistrate between his
legal duties ON the one hand and
measures of reprisal on the other,
they deprived his decisions of the
authority which ought TO be inner
ent In Judgments.
The Court Of Cessation announced
as a consequences that without alb
dicating Its functions it would sus-
pend its hearings.
On February IL the civil tribunal
of the first instance of Brussels. con-
sidering especially that according to
the Constitution and the laws OF the
Belgian people. the tribunal of the
first instance could exercise its func-
lions regularly and CONFORMITY
with the Court Of Appeal of the same
city unanimously decided to suspend
its activity without abdicating It's
functions.
The commercial tribunal Of Brus
sells declared itself in the same sens'
in genral assembly on the 18th o
February.
| Successfully the judiciary body o
the whole country adopted the sam
line of conduct.
All attempts made by the inter
vention OF neutral powers to induce
the German oauthorities to recall tn
measures taken in regard to the Bel
gian magistrates who had done moth
ing but carry out in accordance wit
: their conscience and their duty tn
. obligations which inhered in their pc
| sition and to recall the Court OF A
. peal of Brussels to a continuance {
, its sessions were in vain.
Under the fallacious pretext Of al
? suring the maintenance Of public o.
. der and security By the applicatio
{ Of Article 43 Of The Hague Convel
ton which he violated so brazenl
the Governor General Of Belgium
: published on March 26. 1918. a nj
) tice announcing the creation Of &c
I man tribunals. Until these tribuI
4 ais enter upon their duties" he adj
. Cd. the military commandments Al
. charged with the duty Of repressir
4 cries and delinQu6pts Recording
: Section ls, third paragraph Of Il
> 'Kaiserliche vorordnung' OF Decor
Der 20. 1892" ~
Q A few days later an. ordinance do
Il ed April 81 appointed German Il
i bunals for repressive measures. A
l. cording to the terms Of this ord!
70 ance repressive Justice Is rendered
u Belgium by imperial tribunals Q
J. cordfng to districts. with no duti
but to administer the law. tArtit
D. ~ The judiciary language is G.
o' man. (Article c. these tribunals W
AZ apply In the penal co.c in force
D. Belgium and In all cases they W
n adjudge only such penalties as a
n. listed In the penal code Of the G.
lie man empire ARTICLE ID The p'
ir cedure will be regulated as to