Legal Observations in Germany.

LEGAL OBSERVATIONS IN GERMANY. Read before the Kansas C1ty Bar Assoc1at1on, December 1o, 1898, by Mr. Edw1n A. Krauthoff.

ATRIP to Germany during the summer of 1898, and an acquaintance with its lan guage, furnished an opportunity of studying the workings of some of the legal machinery of that country. At Wiesbaden a criminal trial was wit nessed. The court consisted of three judges, one of whom acted as the president of the tribunal, and the others officiated as his associates. These judges are selected for life. The manner of their appointment was thus stated : When starting on their career, they had selected the judicial position as the one best adapted for the display of their talents. They were required to pass an examination, not as to their judicial tem perament, but as to their knowledge of law, and if successful were placed on the waiting list. Whenever a vacancy in the office of judge existed, either by death or retirement on account of age, the same was filled by an appointment from the next lower grade. Thus, speaking relatively, should a vacancy occur in the Supreme Court of Missouri, the appointing power — in Germany a council of judges — would select one of the circuit judges. Thereupon a justice of the peace would be promoted, and one of the young lawyers who had passed the requisite exam ination would be appointed to the magis tracy, the first one on the list being entitled to the office. At the trial now under review, the judges sat upon an elevated bench at the end of the court room,-— a high, airy apartment. Above them was a bust of William, King of Prussia. In this connection, it must be borne in mind that the empire of Germany is a federation of many states, one of which is Prussia. The King of Prussia is, by vir tue of that position, Emperor of Germany, — a situation analogous to the one presented in the United States if the governor of New

York would ex officio be President. But this court was the royal court of the kingdom of Prussia, and the features of its ruling mon arch were displayed in order that all might be impressed with the thought, his majesty had been violated, his law disregarded. The presiding judge, of course, occupied the middle seat, one of his associates being on each side of him. At the left was the recorder of the proceedings, who preserved a narrative account of all that transpired. There is a system of stenography in vogue in Germany, but this court was content with the substance of the testimony. The recorder did not use a blotter, but instead, when a page was finished it was sprinkled with sand, and as soon as the surplus ink had thereby become absorbed, the grains were returned to a box, only to be again used when the next page had been completed. On the same elevation with the judges sat the prosecuting attorney. He was not on a level with the counsel for the defense, but instead sat at the right hand of the court. In civil cases the court consists of five members, and it, not a jury, decides issues of fact; but in criminal cases a jury of twelve is called upon to determine the guilt or in nocence of the accused. Their place is at a right angle to the judges, at the left side of the room. Opposite to the jury, on the right-hand side of the room, likewise at a right angle to the court, are two long benches, one behind the other. The first row is for the attorneys of the defendant, the second row is for the defendants. At the rear of the room are seats for witnesses and for jurors when not in their box, and back of a railing is a place for bystanders. The judges, the recorder, and the lawyers were garbed in robes of black, not silk, but some plain goods, and at times wore caps. There were two defendants, a man and a