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annual membership fee was 36 marks and shares of certain fees (paid to them in their work). The pension of a widow, which in case of her remarriage was transferred to the children, varied according to the annual balance sheet of the fund, and amounted, in 1888, to about 600 marks annually. Orphans received the amount of pension allowed to the widow.

Since April 1, 1889, the following statutes, approved by the minister of religious, etc., affairs, under date of November 18, 1889, have been in effect:

Statutes of the Institution for Pensioning Professors' Widows and Orphans at Marburg.

I. MEMBERSHIP.

§1. The following provisions shall determine the membership of the widows' fund existing at Marburg since December 24, 1688, and which shall be known hereafter as the Institution for Pensioning Professors' Widows and Orphans: $2. No other persons except those designated under 1 shall become members.

IL ALLOWANCES OF RELICTS.

§§ 3 to 8. As above, page 135 (Berlin).

III. DISCONTINUANCE OF FEES.

$9. Members who shall join the institution after these restrictions become operative shall pay no entrance fee or other fees.

IV. TRANSITION REGULATIONS.

$10. The provisions of §§ 2, 3, and 5 to 8, clause 1, shall apply also to the relicts of those who may be members at the time these statutes shall take effect, if these members, in a written declaration, to be delivered to the executive committee of the institution on or before December 1, 1889,a renounce for their relicts all claims that might accrue to the latter in accordance with the statutes of December 24, 1688, and the additions thereto of March 13, 1856. Otherwise the relicts of these members shall remain subject to the provisions of the statutes heretofore in force, with the understanding that the amount of each pension (widows', respectively, orphans' pension) shall be fixed at 900 marks annually. § 11. As above, page 136 (Berlin).

$12. The claims of the relicts of the members deceased before these statutes became operative shall be adjudged according to the provisions of the statutes heretofore in force and in acordance with $10, subparagraph 2.

V. PRIVILEGES OF THE INSTITUTION.

§ 13. As above, page 136 (Berlin).

VI. PROPERTY OF THE INSTITUTION.

$14. The properties of the widows' fund of the university, as well as the revenues heretofore in its possession, shall remain under its control.

The remainder of the paragraph, as above, page 136 (Berlin), with the following addition to the last subparagraph: The shares from fees for promotions, examinations, etc., assigned to the institution shall hereafter be turned over to the exchequer of the university. The so-called “legacy fees" shall not be levied hereafter. The so-called "rector's salary," amounting to 121 marks 88 pfennigs shall be discontinued in favor of the exchequer of the state.

§ 15. As above, page 136 (Berlin), requiring, however, the approval of the curator of the university instead of the minister for religious, etc., affairs.

VII. ADMINISTRATION OF THE INSTITUTION.

§§ 16 to 20. As above, page 136 (Berlin), requiring, however, in § 18, transmission of the report to the curator of the university instead of the minister of religious, etc., affairs.

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Changed to on or before January 1, 1890." (Ministerial decree of January 15, 1890, U. I., 18360.)

VIII. MEETINGS OF MEMBERS.

§§ 21 to 23. As above, page 137 (Berlin).

IX. AMENDMENTS OF STATUTES.

$24. As above, page 137 (Berlin).

X. CONCLUSION.

$25. These statutes shall take effect on April 1, 1889. On this day the statutes of December 24, 1688, together with the additions thereto of March 13, 1856, shall cease to be operative, in so far as they may not be sustained by §§ 10 to 12.

10. THE ROYAL ACADEMY OF MUENSTER AND THE ROYAL LYCEUM HOSIANUM OF BRAUNSBERG.

In connection with the academy at Muenster and the Lyceum Hosianum at Braunsberg there do not exist and have not formerly existed widows' and orphans' funds.

Under the principles published in the Government decree of May 20, 1889, a complete new regulation of the relations of widows and orphans at these places is made by the decree of the minister of religious, etc., affairs of July 20, 1889. This decree, addressed to the curator of the Royal Academy at Muenster, respectively, of the Lyceum Hosianum at Braunsberg, is as follows (U. I., 17011):

BERLIN, July 20, 1889.

His Majesty the Emperor and King, in the governmental decree of May 20 of this year, and of which a certified copy is here added, has been pleased to order me to regulate anew the relations of widows and orphans at the universities, the Academy of Muenster, and the Lyceum Hosianum at Braunsberg, in accordance with the provisions published therein. The required means have been appropriated in the provisions of the state appropriations, chapter 119, section 15a.

Accordingly, the following regulations shall go into effect for the Royal Academy at Muenster (respectively the Lyceum Hosianum at Braunsberg) with the 1st of April of this year.

1. The widow and the surviving legitimate children, or children legitimized by subsequent marriage, of professors deceased after March 31 of this year (including emerited professors) who at the time of their death occupied a professorship with salary from the exchequer of the academy (respectively of the Lyceum), shall receive widows' pension, respectively orphans' pension, from the exchequer of the state.

2. The amounts to be paid to widows shall be as follows:

For the widow of an ordinary professor_-

For the widow of an extraordinary professor_

The amounts to be paid to orphans shall be as follows:

For an orphan who has lost both parents (full orphan)

For each additional full orphan____

Marks.

1,400

1,000

GOO

400

400

250

For a half orphan---.

For each additional half orphan__.

3 to 7, as above, §§ 4 to 8 (Berlin).

I request your excellency most respectfully to cause payment of the widows' and orphans' pensions due according to the above provision, in so far as there shall be no doubt in individual cases, to those entitled thereto, in monthly installments in advance, from the respective (dortige) Government depository, and to have the amounts entered as additional expenditure in its accounts of the religious and educational administration for April 1, 1889-90, under chapter 119, section 15a. The respective Royal Government officials have received corresponding order by the accompanying decree of to-day. Should there exist, however, in individual cases, doubts concerning one or another of the indicated conditions, or should their determination require expressly the decision of this office (compare No. 4), I shall most respectfully receive the respective report your excellency may be pleased to transmit.

Your excellency is respectfully requested to report to me on or before March 10 of each year the amounts ordered for payment, giving the names of the recipients, as well as the names and official positions of their deceased husbands or fathers.

B.-PROVISIONS FOR THE WIDOWS AND ORPHANS OF OFFICIALS OF THE PRUSSIAN UNIVERSITIES.

The pensioning of the widows and orphans of the officials employed at the Prussian universities, the Academy of Muenster, and the Lyceum Hosianum of Braunsberg is conducted now in accordance with the law applying to all immediate state officials concerning the pensioning of the widows and orphans of immediate state officials of May 20, 1882 (GS., p. 298), respectively the law of March 28, 1888 (GS., p. 48), concerning the discontinuance of the fees of immediate state officials for the widows and orphans' fund, in so far as the statutes of individual institutions for pensioning professors' widows and orphans, operative since April 1, 1889, do not expressly reserve for them their membership claims guaranteed to them in former statutes for the time of their connection with the respective university.

§§ 7 to 13 and 15 to 20 of the law of May 20, 1882, bearing upon this, are as follows:

§7. The widow and the surviving legitimate children or children legitimized by subsequent marriage of an official liable at the time of his death to payment of fees for the widows and orphans' fund, shall receive widows' and orphans' pensions in accordance with the following provisions:

$8. The widow's pension shall be one-third of the pension which the deceased could claim, or could have claimed if he had been retired on the day of his death.

The widow's pension shall, however, carry at least 160 marks and not exceed 1,600 marks, under the limitation contained in §10.

89. The orphan's pension shall be--

1. For children whose mother is living and entitled to a widow's pension, one-fifth of the widow's pension for each child.

2. For children whose mother is not living or not entitled to a widow's pension at the time of the death of the official, one-third of the widow's pension for each child.

$10. Widows' and orphans' pensions, singly or in the aggregate, shall not exceed the amount of the service pension to which the deceased was or would have been entitled had he been retired on the day of his death.

In applying this limitation the widows' and orphans' pensions shall be reduced proportionately.

$11. Upon the withdrawal of widows' and orphans' claim, the widows' and orphans' pensions of the remaining claimants for the following month shall be increased, in so far as they may not as yet be in full enjoyment of the amounts due them under §§ 8 to 10.

$12. Should the widow have been more than fifteen years the junior of the deceased, then the widow's pension, estimated in accordance with §§ 8 to 10, shall be reduced 5 per cent for each beginning year over fifteen, and including the twenty-fifth year.

These reductions of widows' pensions shall not apply to the amount of the widows' pensions to be estimated under $9.

$13. The widow shall have no claim upon a widow's pension if the marriage with the deceased was concluded within three months of his death and the conclusion of marriage was entered into for the purpose of securing the payment of the widows' pension.

§14. The widow of a pensioned official and the surviving children from such marriage shall have no claim upon widows' and orphans' pensions if the marriage shall have been concluded after the retirement of the official.

Fees for the widows and orphans' fund have ceased to be levied since April 1, 1888. Article I of the law of March 28, 1888 (GS., p. 48), concerning the discontinuance of these fees, is as follows:

The fees for the widows' and orphans' funds that are due in accordance with the law of May 20, 1882 (GS., p. 298), concerning pensions for the widows and orphans of immediate state officials shall cease to be levied after April 1, 1888, without detriment to the claims upon widows' and orphans' pensions connected with this duty."

$15. Payment of the widows' and orphans' pensions shall begin with the lapse of the quarter of grace or the month of grace.

§16. Widows' and orphans' pensions shall be paid monthly in advance. The person to whom valid payment shall be made shall be named by the chief of the department, who may, however, transfer such authority to the provincial board.

Installments of widows' and orphans' pensions that shall not have been claimed within four years from the day they may have been due shall be superannuated for the benefit of the exchequer of the state.

$17. The widows' and orphans' pensions can not be legally resigned nor given in mortgage a or otherwise transferred.

§18. The claim upon widows' and orphans' pensions shall become extinct :

1. For any claimant with the end of the month in which he or she is married or dies;

2. Moreover, with any orphan with the end of the month in which he or she shall complete the eighteenth year of life.

$19. The claim upon payment of a widow's or orphan's pension shall be suspended when the claimant loses German citizenship until its eventual recovery. $20. In accordance with the provisions of §16, the decision as to whether the widow and orphans of an official shall be entitled to pension and as to the amount of such pension belongs to the chief of the department, who may, however, transfer such authority to the provincial board.

The appeal to courts of justice shall be open to parties concerned. However, the decision of the chief of the department shall have preceded the complaint, and such complaint, on penalty of loss of the right to complain, shall be made within six months after the decision of the chief of the department shall have have been isued.

C.-PROVISIONS CONCERNING PENSIONS OF PRUSSIAN UNIVERSITY PROFESSORS AND OFFICIALS.

With reference to the periodic service increase of salaries (Dienstalterszulagen) the royal decree of October 21, 1897, introduces, however, an essential limitation as to the payments of honoraria. One-half of the honoraria for lectures of regularly paid professors reverts to the exchequer of the state, in so far as the amount paid in for one professor, after deduction of the contribution to the expenses of the financial administration, shall exceed in one financial year 3,000 marks; in Berlin, 4,500 marks. This provision, however, shall apply only with their consent to the professors who may hold positions at the time it becomes operative and as long as they are not transferred to some other professorship. The professors who may have given their consent have been entered into the system of periodic service increase of salaries; the others have retained their former salary. Inasmuch as the reduction in the honoraria has been ordered for all new transfers of regular professorships, deviation from this in individual cases and the payment to the (respective) professor of the entire college honorarium can be granted only with royal consent.

That a professorship should involve the payment of a salary does not seem necessary. The ordinary professors draw salaries regularly; the extraordinary professors in great part; the honorary professors, as such, never. A new principle of administration is not again to appoint extraordinary professors without salaries. Such will, therefore, hereafter be appointed, as a rule, for vacant statutory positions, or, if they hold some other official position, with a salary. The amount of salary formerly was a fixed sum, determined by the position without claim or even reasonable prospect of an increase of salary. This system has been continued for those professors already in office who did not submit to the deductions from honoraria ordered in the royal decree of October 21, 1897. It is destined in future to die out.

With regard to the mortgaging of widows' and orphans' pensions, the provisions of $749 of the civil code of the German Empire shall apply.

In accordance with $39, No 1, of the executive law of the German judicial code of April 24, 1878 (GS., p. 230), the provincial tribunal (Landgericht) alone is competent for such complaint, inasmuch as widows' and orphans' pensions constitute a part of the salaries, respectively, of the pensions of officials.

Salaries are fixed now as follows:

Ordinary professors draw

In Berlin, a foundation salary of 4,800 marks, increased in six service periods of four years each by 400 marks each.

In other universities, a foundation salary of 4,000 marks, increased in five service periods of four years each by 400 marks each.

Extraordinary professors draw—

In Berlin, a foundation salary of 2,400 marks, increasing in six service periods of four years each by 400 marks each.

In other universities, a foundation salary of 2,000 marks, increased in five service periods of four years each by 400 marks each.

In special cases, however, different salary conditions may be agreed upon. This schedule of salaries does not apply to professors—

1. Who hold or have held some other office entitling them to pension or to remuneration for loss of time while waiting for a promised position (Wartegeld);

2. Who hold in addition to the professorship a private position involving a regular continuous income (except a purely scientific occupation);

3. Who are engaged in medical practice or other practical, profitable vocation, or who are likely to be so engaged;

4. Who draw an extra salary from the Berlin Academy of Sciences or from the Göttingen Association of Sciences; and

5. Who, with their consent, are relieved from the duty of lecturing, or concerning whom, after decision by the minister of education, assumptions exist under which nonjudicial officials can be retired.

In the year 1899 these exceptions were found to exist, the first with 34 (11 ordinary, 23 extraordinary), the second with 1, the third with 70 (40 ordinary, 30 extraordinary), excluding physicians, the fourth with 5, and the fifth with 32 (22 ordinary, 10 extraordinary) professors; in all, therefore, 142.

Of a total of 738 (530 ordinary, 208 extraordinary) professors, 192 already draw the maximum salary fixed by the new regulations; 142 withdrew under the application of the above principles of exclusion. There remained, therefore, 404 participants, to whom the new schedule of salaries as such would have applied. Of these, however, 43 failed to join the new system, preferring not to submit to the deduction of lecture honoraria.

By special agreement between the ministry of instruction and the ministry of finance, moreover, the following provisions have been made:

If a professor, in addition to his salary as professor, draws a continuous income of 1,800 marks from public or private vocation, this will be credited to the increments of salary. This, however, does not include—

1. The income from literary activity of a purely scientific character;

2. Honoraria for university lectures and examination fees, with the excep tion of promotion fees;

3. Regular salaries of the members and secretaries of the Berlin Academy of Sciences and of the Göttingen Association of Sciences and of the members of the Institute for the Survey of the German Seas at Kiel; and

4. The salaries and remunerations of the teachers of the Emperor William Academy at Berlin and of the Marine Academy at Kiel.

This involves five cases.a

The regular ordinary and extraordinary professors, like all other immediate State officials, have claim, in addition to their salaries, to rental money in accordance with the law of May 12, 1873, and the amendment of June 28, 1875, (G. S., 1873, p. 122; 1875, p. 370.)

The amount of rental money is determined by the service rank involved in the office and not by the personal higher rank. Accordingly, the rentals of the fourth and fifth classes, the same for both, apply to professors. It amounts annually, in Berlin, to 900 marks; for the first service class, 660 marks; the second, 540 marks; the third, 480 marks; the fourth, 420 marks, and the fifth, 360 marks. Of the Prussian university cities Bonn, Breslau, Halle, Kiel, Konigsberg, and Münster belong to the first class; Goettingen, Greifswald, and Marburg to the second; Braunsberg to the third.

Professors are not pensioned. They have, therefore, no claim on pensions. The relicts of professors have, primarily, claim upon gratuities of competency (Gnadenkompetenzen) according to provisions for other State officials

"The entire material concerning the new schedule of salaries has been entered in the publications of the House of Delegates, 1899, Suppl. Vol. 3, No. 71.

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