under the law of February 6, 1881 (G. S., 1881, p. 17). These allowances consist in the continuance of the official salary for the three months next following the month of death, excluding the month of death. This allowance is not combined with the heritable estate, but is assigned to the widow, the children, and grandchildren of the official-even if they are not heirs-in such a way that no creditor of the deceased can lay claim to it. Moreover, the chiefs of departments may assign the gratuities of competency also to other persons whose only provider was the deceased. The year of grace (Gnadenjahr), formerly customary in many instances for relicts of professors, is discontinued for the future. The gratuities of competency can be granted only from salary and rental money. On the other hand, the honorarium for lectures already paid shall be returned if at the death of a professor in the course of a semester the lecture course is not in its essentials completed.

The relicts have further claim on widows' and orphans' pensions. Before the new regulation of pensions of relicts a professor, in accordance with the ministerial order of June 9, 1838, could buy for his wife membership either in the General Pension Institute for Widows or in the institution for the pensioning of professors' widows and orphans connected with every university. With one or the other of these funds, however, the insurance was obligatory. Now the law of May 20, 1882, concerning provision for the widows and orphans of immediate State officials (G. S., 1882, pp. 298 ff.), has abrogated these practices, inasmuch as it prohibits the officials from joining the General Pension Institute for Widows and imposes upon them, on the other hand, the obligation of paying widows' and orphans' fees into the exchequer of the State. With the abrogation of these widows' and orphans' fees by the law of March 28, 1888, the former insurance was supplanted with the direct pensioning of the relicts by the State. Inasmuch, however, as the new plan of pensioning the relicts referred only to the State officials entitled to service pensions, the professors were excluded therefrom. For them pensioning continued through the funds for the pensioning of professors' widows and orphans.

Now since all other professional State officials were assured pensions for widows and orphans by the State without payment of fees, it seemed unfair that only the professors should pay such fees. The payment of the fees of the professors was, therefore, also assumed by the State under maintenance of the existing widows' funds. On the other hand, since the professors draw no service pensions, the amounts of the widows' and orphans' pensions had to be fixed independently. These new provisions for the pensioning of the widows and orphans of university profesors are contained in the royal decree of May 20, 1889. After 1897-98 considerable increase has been ordered.

The relicts of professors holding positions with salaries from the exchequer of the university receive, accordingly, the following pensions :

The fees heretofore paid by the members for the funds are discontinued. The payments of the funds are defrayed from the income of their assets, and in so far as these may be insufficient from contributions by the State. For the professors of the academy at Münster and the Lyceum Hosianum at Braunsberg, which heretofore had no special funds, the payments are simply assumed by the State. In so far as the State contribution, estimated at annually 160,000 marks, is not required to meet the obligations of the funds, the surplus is to be turned over to existing funds for the increase of their assets.

In order to bring their organizations into agreement with the provisions of this decree, all the institutions for the pensioning of professors' widows and orphans at the nine universities revised their statutes in special general assemblies.b

The membership of the funds is now limited to the professors that occupy positions with salaries from the exchequer of the university. They are ex officio

a Central-Blatt für die gesamte Unterrichts-Verwaiting i. Pr., Suppl., 1890, p. 3.
Reprint of statutes above, pp. 3 ff.

members of the institution. Others, however, that were members at the time the new statutes went into effect and that do not draw salaries from the exchequer of the university retain their membership during their connection with the university.

The payments by the funds are determined by the decree of May 20, 1889. Special reservations were required with regard to those widows that were considerably younger than the deceased husband. If the widow was younger than the deceased by more than fifteen years, the widow's pension was reduced 5 per cent for each beginning year of the difference in age over fifteen to twentyfive, inclusive. The widow has no claim to a pension if the marriage with the deceased was contracted within three months of his death and if the minister of education has reached the conviction on the ground of established facts that the marriage was contracted only in order to secure for the widow the payment of the pension.

The payment of the widow's and orphan's pension begins after the lapse of the period of grace and is made monthly in advance. The claim becomes extinct (1) for each claimant with the end of the month in which he or she is married or dies, (2) for each orphan, moreover, with the end of the month in which he or she completes the twenty-first year of life. The claim is suspended (1) if the claimant loses German citizenship until its eventual recovery; (2) as long as the claimant is entitled to a widow's or orphan's pension equal in amount to this pension on the ground of the imperial law of April 20, 1881, or of the Prussian law of May 20, 1882.

The levying of fees on the part of members is, in general, discontinued. An exceptional position is occupied only by those members who occupy a salaried imperial or State office with title to pension, and who are nonsalaried professors. For the future such persons are wholly incompetent to become members; their existing membership rights, however, remain undisturbed. Their relicts, therefore, draw at the same time the payments from the State and from the university institutions. In return, however, the members are not relieved from the fees to the university funds.

Special transition provisions were found requisite for those members that had already acquired claims for their future relicts on the ground of the older statutes. To these the right of choice was conceded between the older claims and the newly established pension regulations.

On the whole, funds (Kassen) established as individual institutions with corporate rights continue to exist. The fees heretofore levied are supplanted by State contributions. The self-administration of the institutions is conducted in accordance with the same statutes by members of the university.

Inasmuch as the provisions concerning service pensions do not apply to the university professors, there is an utter lack of statutory prescriptions in this direction. Consequently assignment of service pensions to professors, in so far as they have not received special promises at their appointment, could be made only with the approval of the King. Practically another method has been chosen. The professor draws, during his lifetime, his full salary. He is, however, upon his motion, if he feels himself unable to perform service, relieved of the duty of lectures. If this motion has been granted, or if the professor otherwise seems incapable of performing his full duty, a substitute professorship, to be subsequently abandoned, is established whose occupant at the death of the professor incapable for service is promoted into his position without further action.

The regular professors draw, primarily, salaries. This amounts, at Charlottenburg, on an average, to 6,500 marks; at Hanover and Aachen, on an average, to 5,500 marks. To this is added, as per schedule, the rental of the first service class of, annually, 660 marks. The docents draw only remunerations.

Furthermore, a share in the honoraria for instruction is assured to all teachers in office, and this to the regular professors as not pensionable income. This share is one-fourth of the instruction fees collected for their instruction, or 10 marks from each practicant, with exercises for the entire day. This share of the honorarium must, however, not exceed 3,000 marks annually for a single teacher. As to the remainder, the teacher earns the honorarium for the State. The State, therefore, is financially interested that the lectures be delivered for fees (entgeltlich). The holding of free (not paid for) lecture courses is therefore prohibited without higher approval.

Finally, the minister has at his disposal a special supplementary fund for the employment of prominent teachers. The regular professors are pensioned, like other State officials, under the pension law of March 27, 1872 (G. S. 1872,

p. 268) and the amendments of March 31, 1882 (G. S. 1882, p. 133) and of April 30, 1884 (G. S. 1884, p. 126).

If retirement ensues after the completed tenth year of service, but before the completed eleventh year, the service pension amounts to fifteen-sixtieths of the service income and is increased by one-sixtieth each successive year, however, not to exceed forty-five sixtieths. If the service pension is paid before completion of the tenth year of service, it amounts to fifteen-sixtieths, and, unless there is a legal pension claim, to at most fifteen-sixtieths (§8, amendment of March 13, 1882). In computing the service pension the last service income, exclusive of dividends, gratifications, etc., is taken as a basis-and in this, payments in kind in their average, the rental in an average of all the service classes, and of a service income in excess of 4,000 marks, only one-half ($10). The time of service, in so far as the official has not furnished previous service, is computed from the taking of the official oath (§13). Even the period of being at disposal for appointment, the mere preparatory service, and active military service are included, but time of service before the twentyfirst year of life only if it was military service in time of war (§§14 to 16). For each campaign in which the official actually met the enemy or followed mobilized troops into the field one year is added (817). The addition of the period of imprisonment in a fortress for one year or longer and of detention as prisoner of war can take place only under particular circumstances and with royal approval (§18). With royal approval, too, there may be further admitted the service as attorney or notary, in church or school, in parliament or at court, in foreign diplomatic service, or in practical preparation for State service in so far as such preparation may have been customary for the attainment of appointment (§19).

The service pensions are paid monthly in advance ($25); they can not be transferred or mortgaged (§26). The pension is suspended if the official loses German citizenship until its eventual recovery, and if and as long as he draws a service income in the service of the Empire or of the State, to the extent in which this service income, together with the pension, exceeds the amount of the service income drawn by the official before he was pensioned (§27).

The docents have no claim whatever upon service pensions. On the other hand, in accordance with the above provisions, if the docent later on obtains a regular professorship, his service as docent will also enter into the computation of his service pension.

Finally, provision for the relicts is made only with reference to the regula professors.

The relicts-viz, widows, children, and grandchildren-primarily and under the general provisions are entitled to the so-called "competency allowances" (Gnaden-Kompetenzen) under the law of February 6, 1881. In this respect there is no difference between the regular professors of the technical high schools and the university professors. Since, however, only the former are entitled to pensions (service pensions), the competency gratuities of their relicts include also the service pensions. Of this, however, in addition to the month of decease only a single additional gratuity month is granted.

The title to service pension on the part of regular professors of technical high school indicates their equality on the whole with other State officials with reference to the pensioning of relicts. This is regulated by the laws of May 20, 1882 (G. S. 1882, p. 298), of March 28, 1888 (G. S. 1888, p. 48), and June 1, 1897 (G. S. 1897, p. 169). After the abrogation in 1888 of the obligation of officials to pay widows and orphans fees, the pensioning of their relicts is now as follows:

The widow's pension consists of 40 per cent of the service pension to which the deceased was entitled or would have been entitled if he had been retired on the day of his death. The widow's pension must, however, not exceed 2,000 marks for widows of officials of the fourth and higher rank classes to which the regular professors belong (§8, law of June 1, 1897, Art. 1). The orphans' pension is (a) for children whose mother is living and at the time of the official's death entitled to a widow's pension, one-fifth of the widow's pension for each child; (b) for children whose mother is not living or not entitled to a widow's pension at the time of the official's death, for each child one-third of the widow's pension (89). Widow's and orphans' pensions, singly or in the aggregate, must 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

ED 1904 M- -11

this limitation the widow's and orphans' pensions are proportionately reduced ($10). In the case of a widow who is younger than her deceased husband by fifteen years the amount is reduced by one-twentieth for each beginning year of the difference in age up to the twenty-fifth year, inclusive; the amount of the orphans' pensions, however, remains the same. If the marriage lasted five years, one-twentieth of the reduced amount is added for each beginning year of its further continuance until the full amount shall be reached (§12, law of June 1, 1897, Art. II). The claim to a widow's pension is lost if the marriage with the deceased official was contracted within three months of his death or clearly for the purpose of procuring the widow's pension. Similarly, widows and children of a marriage contracted after the pensioning of an official have no title (§13). The relicts of an official not entitled to service pension, but who might have been granted such pension, may be accorded widows' and orphans' pensions by the chief of the department in connection with the minister of finance, and the computation of the amounts with reference to the consideration of certain periods may be made by them under the same assumptions that apply to officials ($14). The widows' and orphans' pensions are paid monthly in advance after the lapse of the periods of grace (§§15, 16). The pensions are not transferable nor mortgagable (§17). The claim becomes extinct for each claimant with the lapse of the month in which he or she is married or dies; moreover for each orphan with the lapse of the month in which he or she completes the twentyfirst year of life ($18). The claim is suspended when the claimant loses German citizenship until its eventual recovery (§19).

II. THE EMPEROR WILLIAM UNIVERSITY, OF STRASSBURG.

A. PROVISIONS FOR THE WIDOWS AND ORPHANS OF PROFESSORS; ETC.

At the Emperor William University, of Strassburg, the pensioning of the widows and orphans of professors was first regulated under the law of December 25, 1873, (G Bl., p. 518), as follows:

(a) That the widow of any ordinary or extraordinary professor, salaried from the exchequer of the university, shall receive as pension from the public treasury one-fifth of the last official salary paid the deceased, excluding supplementary allowances; provided, however, that this shall amount to at least 1,200 francs, and at most 2,000 francs.

(b) That each orphan shall receive 400 francs. are not levied.

Widows and orphans fees

Law of December 25, 1873, concerning the pensions of the widows and orphans of professors.

$1. The widows and orphans of the ordinary and extraordinary professors of the University of Strassburg, salaried from the exchequer of the university, shall receive pension from the public treasury.

The amount of such pension shall be:

(a) For the widow, one-fifth of the last official salary paid the deceased from the exchequer of the university, excluding supplementary allowances; provided, however, that this shall be at least 1,200 francs and at most 2,000 francs. (b) For each orphan, 400 francs.

As orphans are to be considered the children designated in $1 of the law of December 24, 1873, concerning the pensions of the widows and orphans of officers and teachers.

§2. The payment shall begin with the lapse of the day up to which the deceased has been granted salary. It shall be ordered by the superior [first?] president.a

§3. The paragraphs 4, 7, 11, and 13 of the law of December 24, 1873, concerning pensions of the widows and orphans of officials and teachers shall apply also to pensions granted under this law.

The provisions of the law of December 24, 1873, referred to above, are as follows:

Now by the ministry, $3, law of July 4, 1879.

§1. The widow, as well as the legitimate children or children legitimized by subsequent marriage, of an official, etc., shall receive pension from the public funds.

§4. The widow shall have no claim to a pension if the marriage has been dissolved or if, upon motion of the husband, separation from bed and board has been pronounced.

§7. Widows' and orphans' pensions shall be paid monthly in advance. $11. Payment of pension shall cease:

(a) For the widow with the end of the month of her death or remarriage; (b) For each child with the end of the month of his or her death or completion of the eighteenth year of life; and

(c) For girls that shall be married before the completion of the eighteenth year of life, with the end of the month in which the marriage shall have been contracted.

$13. The claim to a widow's and orphan's pension shall be suspended: (1) If the claimant shall lose German citizenship until eventual recovery of the same; and

(2) If, and as long as, the claimant shall draw in the service of the Empire, of the State, or in the public schools a service income, in so far as this shall exceed the amount of the pension.

Pensions of the widows and orphans of officials.

The pensioning of the widows and orphans of the officials of the University of Strassburg is conducted under the law of December 24, 1873, concerning the pensions for widows and orphans of officials and teachers (G. Bl., p. 515.) as follows:

§1. The widow, as well as the legitimate children and children legitimized by subsequent marriage of an official who, under the provisions of the law of December 23, 1873, concerning the statutory conditions of officials and teachers, shall have drawn a service pension or would have been entitled to draw such pension had he been retired on the day of his death, shall receive pensions from the public funds.

The widows and orphans of an official who, under $75 of the imperial law of March 31, 1873, concerning the statutory conditions of imperial officials, have not been granted a service pension shall not be entitled to pensions.

If an official dies who could have been granted a service pension under §37 or $39 of the imperial law of March 31, 1873, the widow and orphans may be granted pensions from the public funds.

§2. The claim to pension shall be valid for widows and orphans whether the official at the time of his decease has been in active service or in temporary retirement or under service pension.

§3. The widow and orphans of a pensioner whose claim to service pension had been suspended at the time of his decease because of his loss of German citizenship (§57, No. 1, of the imperial law of March 31, 1873) shall have no claim to a pension.

$4. (See above, p..) [Can not be found.-Transl.]

$5. The decision concerning whether and what pension shall be paid to the widow and orphans of an official shall be made by the first president," the grant of the pensions permissible under $1, subparagraph 3, by the imperial chancellor.b

In cases in which, under $52 of the imperial law of December 31, 1873, an official retiring from service may be credited with certain periods in the computation of his time of service the imperial chancellor may permit such credit also in the computation of the widows' and orphans' pensions.

86. The payment of pensions to widows and orphans begins with the lapse of the quarter or month of grace (§§7, 31, 69 of the imperial law of March 31, 18734). Should there be no provision for the grant of a quarter or month of

Now by the ministry (§3, law of July 4, 1879).

For the imperial chancellor the governor has been substituted (§2, law of July 4, 1879).

Now the ministry (§3, law of July 4, 1879).

$69, subparagraph 1, of the imperial law of March 31, 1873, has been superseded, under the law of May 25, 1887 (introduced into Alsace-Lorraine by imperial decree of November 21, 1887), by the following regulation: "If a service pensioner leaves a widow or legitimate progeny the service pension shall continue to be paid for one month in addition to the month of his decease. To whom the payment shall be made shall be decided by the highest imperial authority, which, however, shall have the privilege of transferring such power of decision to the higher imperial authority."