grace, the payment shall begin with the lapse of the day up to which the deceased was entitled to service income or pension.

§7. Widows' and orphans' pensions shall be paid monthly in advance.

$8. The pension of a widow amounts to one-third of the service pension to which the deceased was entitled or would have been entitled had he been retired from service on the day of his death.

The pension, however, with the limitation under $10, shall carry at least 200 francs and shall not exceed 2,000 francs.

$9. The orphan's pension shall carry :

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

(b) For children whose mother is not living or no longer entitled to pension, one-third of the widow's pension for each child.

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

In applying this limitation, the respective single pensions shall be proportionately reduced.

$11. (See above, p.—.) [Can not be found.—Transl.]

$12. On the death and remarriage of a pensioned widow, the increase of the orphans' pensions under the provisions of §§ 9 and 10 shall become effective at the end of the term designated in § 11, letter a.

On the elimination of a child entitled to pension, its pension shall be added proportionately to the remaining claimants, beginning with the term designated in § 11, letters b and c, in so far as these are not as yet in full enjoyment of the amounts due them under §8 or 9.

§13. (See above, p.-.) [Can not be found.-Transl.]

814. (Is repealed by art. 6, §3, of the law of December 23, 1873.)

§15. Assurances of future grants of pensions to the relicts of individual officials or classes of officials by the Emperor or the imperial chancellor before the promulgation of this law shall remain valid in so far as the provisions of this law are not more favorable.

$16. The provisions of this law shall apply also to the widows and orphans of officials who were pensioned during the period from the 9th of June, 1871, to the time when the law concerning the rights of officials and teachers of December 23, 1873, took effect, and who at the promulgation of the present law are still living.

$17. The provisions of the present law concerning the pensions for widows and orphans of officials shall apply also to the orphans of those female teachers who, under the law concerning the rights of officials and teachers of December 23, 1873, are entitled to service pension as well as, respectively, to the widows and orphans of the members of the gendarmerie.

Auxiliary fund.

For the benefit of the relicts of the professors and lectors, as well as of the secretary of the university, the questor, and the curatorial secretary of the Emperor-William University of Strassburg, there exists, finally, since the year 1882 at this university an auxiliary fund, with the object of providing for the relicts of its members in case of need allowances, the value of which is determined chiefly by the amount of available means, the number of persons requiring assistance at the time, and the urgency of need.

Membership for the persons designated above is optional.

Each member has to pay an entrance fee of 30 marks and a quarterly fee of 5 marks. The obligation to pay an entrance fee and quarterly fees may be superseded at any time by a single payment of 300 marks.

The statutes of the auxiliary fund of the Emperor-William University of Strassburg, approved by the Government under date of August 19, 1882, are as follows:

I. GENERAL PROVISIONS.

§1. The fund shall be known as "auxiliary fund of the Emperor-William University of Strassburg; "it shall have its seat at Strassburg and shall serve the purpose of providing assistance for the relicts of its members in case of need. §2. The fund is a part of the organization of the university. It is, however,

endowed with independent juridical personality and entered in the class of institutions for the public benefit.

§3. The administrative year of the fund coincides with the statutory year of public administration.

II. MEMBERSHIP.

§4. The following persons shall be entitled to membership of the fund: 1. The professors and lectors of the university.

2. The secretary of the university, the questor, and the curatorial secretary. $5. Membership shall begin on the day of entrance.

Entrance is secured by written request addressed to the executive committee. $6. Membership shall cease

1. On the day of voluntary resignation, which may be presented at any time, and is secured by written request to the executive committee.

2. At the termination of the condition conveying title to membership; entrance upon the list of pensioned officials or emerited professors shall not terminate membership.

III. ENTRANCE FEES AND QUARTERLY FEES.

$7. Each member shall pay an entrance fee and quarterly fees.

§8. The entrance fee shall be 30 marks. It is payable within six months after joining.

§9. The quarterly fee is fixed at 5 marks and is payable in advance. Members joining the fund during a current quarter shall nevertheless be charged with the full quarterly fee and shall pay this immediately after joining. $10. For those members who draw salary from the university fund the entrance fees and quarterly fees will be collected when salaries are paid, a receipt being issued, in case they have no objection.

§11. The obligation of payment of the entrance fee and the quarterly fees may be superseded at any time by the payment of a single fee of 330 marks. (In the introduction, p. 98, "300 m."-Transl.

IV. RELIEF ALLOWANCES.

$12. The means for allowances shall as a rule be taken only from the regular income under the detailed provisions of the two following paragraphs.

$13. The regular income consists of the revenues of the capital assets for each administrative year and of the membership fees, contributions, and gifts made for this purpose.

$14. Of the regular income a portion, which shall amount to at least 10 per cent, shall be added to the capital, according to the judgment of the executive committee. The entire remainder shall be available for relief allowances.

$15. Only the relicts of those members that shall have belonged to the fund until their death shall have claim to relief.

$16. As relicts in the sense of the above paragraphs shall be considered: (1) the widows, (2) the children, (3) other near relatives who constituted a family with the deceased and who in him have lost their provider.

$17. Only necessity furnishes claim to assistance.

The value of the allowances is determined chiefly by the amount of available means, the number of persons needing assistance at the time, and the urgency of need. Special attention shall be paid in this to doubly orphaned children.

$18. Each member shall have the right to submit to the executive committee written requests for the relief of other members. Should the executive committee deny the request, he may appeal to the general assembly to be called for this purpose.

Otherwise the executive committee shall decide upon the granting of relief allowances according to its free judgment under the provisions of §§ 12 to 17.

V. ACCOUNTANT.

§19. The duties of accountant shall be performed, without compensation, by the questor, under direction of the executive committee.

VI. EXECUTIVE COMMITTEE.

$20. The executive committee shall consist of five members, to be elected annually by the general assembly. Reelection is permitted.

Should a vacancy occur before the time designated above, the executive committee shall elect a substitute for the unexpired term.

§21. At the beginning of each administrative year the executive committee shall elect from its midst a chairman for the term of this year.

Should there be temporarily no elected chairman, or should the chairman be absent, his office shall be filled by the member of the executive committee oldest in years.

The chairman shall direct the business of the executive committee and shall execute in its name the necessary written documents.

$22. The executive committee shall be competent to pass resolutions if at least three of the members are present at the meeting. Resolutions shall be passed by simple majority; in tie votes the vote of the chairman shall decide.

Simple matters may be dispatched by the chairman, if no member objects, by the circulation of a writing.

$23. The executive committee shall guard and guide the affairs and interests of the fund in every respect.

It shall administer the assets of the fund.

It shall represent the fund in and out of court.

$24. Within the statutory sphere of its duties the executive committee is wholly independent under the restrictions of §§ 18 and 33, subparagraph 2.

$25. Toward the close of the administrative year the executive committee shall submit to the general assembly a report of its administration, as well as the annual financial report for inspection and eventual discharge. The business report shall be transmitted after the meeting to the academic senate for inspection.

VII. GENERAL ASSEMBLY.

$26. The general assembly shall consist of all the members.

$27. The call for the general assembly shall be issued by the executive committee. $28. Annually, toward the close of the administrative year, a regular general assembly shall be convened.

A special general assembly shall be called whenever the executive committee considers this necessary in the interest of the fund, or whenever at least onetenth of the members request it in a written petition addressed to the executive committee stating the object and the reasons therefor. In the latter case the general assembly shall be convened within the next fourteen days after receipt, of the request.

General assemblies shall not be convened during the academic vacations.

$29. The object of the general assembly shall be stated in the call. No resolutions can be passed concerning matters not so announced.

$30. The chairman of the executive committee shall preside at the general assembly.

$31. The general assembly is competent to pass resolutions whenever at least one-third of the members are present. However, the second general assembly called for the same purpose shall be competent to pass resolutions even with fewer members present, if between the date of the first and that of the second meeting at least a week or at most a month shall have passed.

Resolution concerning amendments of the statutes or the dissolution of the fund shall under all circumstances require the presence of at least one-half of the members and governmental approval.

§32. Resolutions shall be passed by simple majority; in case of a tie vote the vote of the presiding officer shall decide.

$33. The general assembly shall have supervision of the administration on the part of the executive committee.

All resolutions of the executive committee concerning the purchase or sale of real estate, the conclusion of contracts, and the preferment of juridical com-* plaints or the answering of the same shall be subject to its approval.

It shall decide all motions concerning the amendment of the statutes. Moreover, it shall attend to the duties assigned to it under §§ 18, 20, and 25.

CONCLUDING PROVISION.

In case of the dissolution of the fund its property shall revert to the university. As to its disposal, the plenum shall decide with appropriate regard to needy relicts of members of the fund.

B-PROVISIONS CONCERNING PENSIONS OF PROFESSORS AND OFFICIALS OF THE UNIVERSITY OF STRASSBURG.

[From "Hoscus, The Emperor William University of Strassburg, Strassburg, 1897," pp. 176 to 188 and 202 to 203.]

F. THE RIGHTS OF PROFESSORS AS OFFICIALS.

(aa) Payment.

In so far as payment is provided for professors it consists regularly of salary and increment; compare statutes of university, § 45. The latter is eliminated in the cases of emerited professors; the salary remains and serves at the same time as basis for computing the pensions of relicts. For the amount of payments there exist no fixed provisions. Actually at this time the following payments apply:

Theological faculty:

Ordinary professors___

Extraordinary professors__

Faculty of jurisprudence and politics:

Ordinary professors..

Extraordinary professors__

Medical faculty:

Ordinary professors__

Extraordinary professors._

Philosophical faculty:

Ordinary professors_

Extraordinary professors..

Faculty of mathematics and science:

Ordinary professors__

Extraordinary professors__

In detail the following applies to payments:

Marks. 5,000- 8,000 3, 800- 4,000

6, 000-13, 500 3, 000- 4, 800

4,800-13, 500 2,000-3, 600

4, 800-10, 200 2,700- 4,000

6,000-10, 800 2,000- 4, 200

(a) It shall be paid without deduction if the professor as deputy to the imperial diet or on account of sickness can not attend to his official duties; also in case of leave of absence, in so far as this leave is not for a long period (Comp., p. 170). A professor, however, who absents himself without leave loses his income for the period of such absence (R. B. G., § 14).

(b) Payments are made in advance and quarterly, under the resolution of the federal council (Bundesrath) of May 30, 1874, promulgated by the first president on June 10 of the same year, inasmuch as the professors are appointed by the Emperor or by the imperial chancellor (governor). (§ 5, subparagr. 1, R. B. G., and Coll. of the Judicial Adminstration II, p. 283.)

(c) The payment for the month of decease is always due for the entire month (Comp., R. B. G., § 4).

(d) With reference to the mortgaging of payments (as well as of the salaries of emerited professors of the quarter of grace and of the pensions of widows and orphans) compare P. O., § 749, subparagraph 1, Nos. 7, 8, and subparagraph 2. The respective claims can be ceded, mortgaged, or otherwise transferred only in so far as they are subject to attachment (R. B. G., § 6, subparagraph 1).

(e) Under § 4, R. B. G., and in the absence of special stipulation, the claim to payment would begin with entrance upon office; actually April 1 or October 1, as the first day of the semester for which the appointment was made, is always fixed as the day on which payment begins.

(f) If a professor in service leaves a widow or legitimate progeny, the relicts are entitled for the quarter following the month of decease (quarter of grace) to the full payment of the deceased. The payments include also eventual other emoluments-e. g., remunerations for special services, as those of the prosectorwhich are not to be considered as remunerations for cash expenses. To whom payment is to be made is decided by the secretary of state as the competent authority. The quarter of grace (Gnadenquartal) can not become subject to attachment. In the absence of the relicts above designated the quarter of grace may be paid with the approval of the secretary of state, as the highest state authority for such cases, if the deceased leaves in needy circumstances parents, brothers or sisters, nieces or nephews, or adopted children whose provider he was, or if his estate is not sufficient to defray the expenses of his last sickness and burial (R. B. G., §§ 7, 8).

(g) If the deceased professor lived in service quarters, the provisions of § 9 of the R. B. G. apply in general. Under these the bereaved family is to be permitted to remain in the service quarters for three months in addition to the month of decease. In case the deceased leaves no family the persons to whom his estate reverts are accorded a term of thirty days after the day of death for vacating the service quarters, and laboratories and session rooms, as well as other localities for official use are to be vacated in every case without delay.

With reference to the service quarters of professors in university buildings, which frequently in the interest of instruction must be vacated before expiration of the term generally granted to the bereaved family, § 9, subparagraph 1, of the law of June 18, 1890, contains the special provision that such quarters must be vacated by the family within one month from the day of notice, and, only when such notice has not been given, at the latest with the expiration of the general term of § 9, subparagraph 1, R. B. G.

If it has become necessary to vacate free service quarters before the expiration of the term the relicts entitled to the quarter of grace or to whom it has been granted (see above) must be accorded fair indemnity. Section 9, subparagraph 2 of the law of June 18, 1890, provides, therefore, that in such a case the relicts shall receive as indemnity the proportionate part of the regular statutory rent which the deceased would have had to pay for other than free service quarters.

There is no provision of indemnity for vacating other than free service quarters before expiration of the term. As a matter of course, the relicts, have to pay the regular rent only for the time of occupancy.

At the present time three professors of the faculty of mathematics and natural sciences occupy free service quarters in the university building; one professor of the same faculty occupies service quarters at the regular statutory rent (at Strassburg 10 per cent of the entire statutory service income of the official in accordance with regulations of the imperial chancellor of May 25, 1874, concerning the use and maintenance of service quarters in Elsass-Lothringen). (Collection of Judicial Administration, Vol. II, No. 335, p. 288.)

(h) Concerning the claims of emerited professors and the relicts of professors, compare below, page 181, ff.

(bb) Per diems, transportation, expenses of removal.

Under § 18 of the R. B. G. the amounts of per diem and transportation expenses of officials in official business at a distance from their residence, as also the amounts of indemnification for removal expenses in case of transfers, are regulated by a rescript of the Emperor; the cooperation of the Bundesrath (federal council) is repealed by § 8 of the constitutional law (Verfassungsgesetz) of July 4, 1879. The imperial order of October 25, 1880, modified by the order of May 26, 1890, concerning per diems, transportation expenses, and expenses of removal for officials and teachers (Gesetzbl., p. 136) does not, however, apply to professors, inasmuch as it was promulgated on the basis of the imperial law for officials (R. B. G.) and before the extension of this law upon legal relations of professors. The order of the governor of June 30, 1890 (Gesetzbl., p. 189), issued for the execution of the above order, therefore also fails to mention the professors. These are still subject at present to the law of February 3, 1872, concerning the granting of per diem and transportation expenses for official journeys of civil officials of Elsass-Lothringen (Gesetzbl., p. 124). Under this (§ 1) the regular members of provincial, central, and circuit authorities (boards), and the officials to be ranked with them, receive per diem expenses at the rate of 4 thaler = 12 marks, of which one-fourth is to be deducted if the return trip takes place on the same day with the outward trip. For transportation expenses the same officials receive under § 2:

For official journeys that can be made by railroad or steamboat, 13 silver groschen = 12.50 pfennigs a per kilometer and 1 thaler 3 marks for each trip in and out.

For other official journeys, 7 silver groschen 70 pfennigs per kilometer on the nearest practicable road connection.

Under 8.4 the imperial chancellor provides what officials are to be ranked with the officials designated above, and according to the order of the chancellor of February 7, 1872, under § 2, No. 8, professors of the university, among others, receive the per diem allowance of 4 thaler.

Other officials receive now 13 pfennigs.