As to the expenses of removal, the orders of October 25, 1880, and of May 26, 1890, apply in the event of the transfer as professor to the university of an official not heretofore connected with the university.

The transfer of a professor within the limits of the province is impossible. Should persons, not heretofore in the provincial service of Elsass-Lothringen, be received in such service as professors, § 18 of the order of October 25, 1880, will, as per custom, be applied to them, under which such persons may be granted for the journey to the new place of service an indemnity fixed by the ministry, and in case of permanent acceptance an indemnity for the expenses of removal to be similarly fixed. These indemnities may not exceed the amounts dependent on the position to which the official has been called. Accordingly ordinary professors will be granted the respective higher amounts of expenses for removal and per diem (560 and 12 marks); extraordinary professors the lower amounts (300 and 8 marks).

(cc) The establishment of proprietary claims.

§ 149, R. B. G., opens to professors the right of appeal with regard to such claims, particularly to those referring to service payments, as well as to those referring to allowances made to relicts. According to § 150 the decision of the highest authority, i. e., of the governor, must precede the appeal, and the latter must be made, on penalty of loss of the right of appeal, within six months after communication of the decision to the party concerned. The province will be represented under § 151 by "the higher imperial authority," the secretary of state (under the order of August 3, 1890). Three resorts are open; the third resort is the imperial court (Reichsgericht: R. B. G., § 152, and G. V. G., § 135).

(dd) Title, rank, and uniform.

Are to be designated in R. B. G., § 17, by imperial rescript. Such has not as yet been promulgated. Special titles, in addition to the official title, are not as yet conferred on professors. There is no rank regulation whatever for ElsassLothringen. Only in practice the analogies of the Prussian regulations are observed, under which the rector holds rank with councilors of the second class, an ordinary professor with councilors of the fourth class, and an extraordinary professor with councilors of the fifth class. A gala uniform is not provided for professors, nor the official costume (the gown) customary elsewhere.

The sequence (rank) of the professors among themselves is determined in accordance with tradition by the time of their appointment as ordinary, respectively extraordinary, professor in the faculty of the University of Strassburg, together with the simultaneous appointment, after the time of appointment, to the respective position, eventually by age. Compare § 4 of the university statutes, § 2 of the law concerning the Thomas institutions of November 29, 1873, and § 4 of the statutes of the philosophical faculty.

G. TERMINATION OF THE OFFICIAL RELATIONS OF PROFESSORS.

This takes place under the general law for officials on dismissal upon motion after conviction of certain charges and on discharge by disciplinary process (R. B. G., § 75, No. 2).

Retirement is not mentioned in any form in the statutes of the University, and (see II above) formally excluded by § 2 of the law of June 18, 1890. Its place is taken by the emeriting procedure regulated in §§ 44 and 45 of the statutes.

(a) History of the respective provisions: The provisional statutes lacked provisions concerning procedures of emeriting. There was but one provision (§ 42) under which a docent, to whom the direction of a scientific institute or a clinical hospital had been intrusted, could be deprived of such direction by the imperial chancellor if he had become incapable for this by mental or bodily disease or weakness. If this suggested the inference that in the supposed case the absolute dismissal from the academic professorship is not admissible an express recognition of this proposition is nevertheless lacking, as also in general the regulation of the relation of the professors to the principles of the legal status of officials of the province, in so far as this (relation) could be inferred from the provisions of the French legislation-the law for imperial officialsR. B. G.-did not apply to professors. Under this (French) legislation the appointment of an official is considered fundamentally revocable, and there exists for the official under certain suppositions a claim upon pension which is

offset by the liability to deductions from salaries for the benefit of the pension fund (law of June 9, 1853).

In considering the definitive status the faculty (plenum), respectively the senate, acted upon the idea that § 42 of the provisional statutes by implication wholly excluded service pensions for professors, and therefore, as in Prussia, guaranteed to the latter the enjoyment of their full rights for life. It seemed, however, desirable, as was stated, that the exclusion of service pensions should be formally expressed as a guaranty that a professor could not at any time be retired unheard from activity. On the other hand, it appeared desirable, in deviation from the Prussian legal provisions, to render it possible for a professor to obtain retirement as emeritus with the mere loss of salary increments on reaching a certain age or in case of sickness. This, it was claimed, was not only equitable, but agreed also with the interests of the university to acquire vigorous teachers in place of those that may have become insufficient. On the other hand, it did not appear desirable to make retirement by emeritation obligatory, because thereby the university would lose those exceptionally efficient men who preserve their mental vigor and teaching ability to an advanced age. Moreover, it was not to be apprehended that an academic teacher who may have lost his efficiency would ever refuse emeritation, inasmuch as he must recognize in an eventual request the implication that he is no longer considered sufficient for his position. Consequently the faculty (plenum) proposed the adoption of provisions concerning emeritation essentially in the form of §§ 44 and 45 of the definitive statutes, with the exception, of course, of the introduction omitted therein: "Professors can not be (service) pensioned, but only emerited."

It is in agreement with these provisions that § 2 of the law of June 18, 1890, formally excludes the application to professors of the provisions of the law for imperial officials concerning service pensions. As the reasons emphasize, the application of the general provisions for service pensions, because of differences in the regulation of salaries (the absence of fixed salary classes and regular increase) did not appear to be feasible, and an equalization impossible without serious encroachments upon traditional academic and statutory relations. A necessity in the interest of the service for immediate dismissal, as it exists with other officials, does not occur with professors, whose representation may be ac complished in different fashion, more particularly as the appointment of directors of the institution is at all times revocable (§§ 82 and 94, No. 2, of the statutes). Consequently, and inasmuch as no embarrassments have resulted heretofore, the obligatory permanent emeritation analogous with the obligatory pensioning seems dispensable, and just as little can a temporary emeritation analogous to temporary retirement enter into consideration.

(b) Accordingly, subparagraph 1 of § 44 of the university statutes establishes the principle of the entire voluntariness of emeritation, which, it is true, as the preamble expresses it, “recognizes to a large extent the freedom of science and the interests of its representatives."

On the other hand, a professor can not demand his emeritation arbitrarily, but only under certain conditions, of which § 44, subparagraph 2, names the following:

The completion of the sixty-fifth year of life as the time limit at which, as a rule, one can no longer rely on the vigor requisite for teaching. (Compare the analogous privilege to service pension on the part of an official in the same age, according to Art. I of the law of April 21, 1886, R. G. B., p. 80.)

Also the case in which the government would relieve a professor against his will of the direction of a university institution or clinical hospital, by which in many instances the possibility of teaching on his part would be removed at the same time.

The statutes do not expressly identify with the first case the case in which a professor becomes incapable of teaching before completion of the sixty-fifth year of life through sickness or loss of his bodily and mental powers; and also does not provide for the proceedings by which eventually this inability would have to be established.

As a matter of course, the government is not prevented in the supposed case from granting emeritation to the professor, although he may have no formal claim. Actually this has been done repeatedly.

(c) The legal status of an emerited professor is defined in § 45, so that he is freed from the duty of giving lecture courses and from the acceptance of university offices, but continues in the enjoyment of his rights, with the exception

of the claim upon deanship (§ 4) and upon the increments in the compensation by the state.

The emerited professor is accordingly freed from certain duties of a professor and loses only certain of his rights. Emeritation, in contrast with pensioning, does not therefore mean the separation of the official from his legal status, but only a modification of the latter; fundamentally an emerited professor is in equal situation with an active professor.

Now, first, with regard to his duties, an emerited professor is no longer obliged to hold lecture courses (compare statutes of the university, § 72, subparagraph 4, and § 76), from which, according to § 81, it follows further that he can absent himself from the location of the university without leave. Furthermore, he is freed from the acceptance of university offices-rector, senator, syndicus (as a matter of course, inasmuch as he loses his claim upon deanship, also, from acceptance of this). In so far, however, as an emerited professor does not avail himself of these reliefs, announces lecture courses and holds them or accepts the call to a university office, he assumes thereby all the responsibilities connected with these functions. Necessarily an emerited professor who retains membership of his faculty and of the plenum is not relieved of the duties of taking part as ordinary professor in the functions of the faculty and as professor in the meetings of the plenum. If, however, as according to the above he is free to do, he removes his residence from Strassburg, these duties disappear with the actual disappearance of the possibility of their performance. Since, however, according to this, it depends on the choice of an emerited professor to relieve himself of the above duties and thereby of all the duties of a professor, and in consideration of the purpose of emeritation to grant the professor full leisure, he may certainly also be granted the right to relieve himself of all his remaining duties without change of residence in a formal declaration to the faculty. To this effect, therefore, the senate of March 3, 1880, passed a resolution which, at the same time, suggests to the faculties to bring about in each case of emeritation by a special request an immediate declaration on the part of the emeritus as to how he may intend to relate himself to the business of the faculty.

Among the rights of a professor, an emeritus expressly loses the claim to deanship because of his age (§ 4) and to the increments that form part of the compensation by the state. Moreover, if, and in so far as, he avails himself of his relief from lecture courses and from the acceptance of university offices or of his complete relief from all business, he loses also the rights connected with the duties in question. Thus, e. g., a professor who may have given the lastnamed declaration could no longer in the plenum assist in the election of the rector. Otherwise the emeritus continues in the enjoyment of all his rights. He has, particularly, the right to assist in the election of rector, senator, and syndicus, and, if he is an ordinary professor, also the right of eligibility to these offices. An emerited ordinary professor is a fully privileged member of the faculty whose meetings he attends (compare § 3 of the statutes of the philosophical faculty), and as senator fully privileged member of the senate, except that he can not become dean.

The question whether emerited professors are entitled to share in the promotion fees and qualification fees is determined by the provisions concerning the amount and use of fees in the regulations for promotion, respectively, for qualification (compare statutes of university, § 89, subparagraph 3, §§ 7, 26). Now, under dates of December 18, 1888, and February 2, 11, and 22, 1889, the medical, the theological, the philosophical faculties, as well as the faculty of jurisprudence and politics, adopted resolutions concerning the exclusion of emerited professors from promotion fees, in connection with amendments of the regulations of promotions, which subsequently were approved on April 29, 1889, by the imperial gov ernor. Accordingly, § 6 of the Prom. Reg. of the philosophical faculty formally excludes emerited professors, while § 11 of the Prom. Reg. of the theological faculty, § 10 of the Prom. Reg. of the faculty of jurisprudence and politics, and § 10 of the Prom. Reg. of the medical faculty entitle the ordinary professors, who are under obligation to take part in the doctorate examinations, to receive the fees According to this latter formulation, an emerited ordinarius would be entitled to a share in the fees only if he (see above) should expressly claim participation in the faculty labors connected with doctorate examinations. Otherwise he would receive remuneration without corresponding service.

Furthermore, the faculty of mathematics and natural science amended, in April, 1893, with governmental approval, § 12 of its statutes, under which the

income of the faculty not applied to its purposes was to be distributed among the ordinary professors, and ordered this distribution among the ordinary professors who may be under obligation to take part in the business of the faculty (§ 10 of the Prom. Reg.). With this agrees, finally, the new formulation of § 11 of the qualification regulations of the faculty of jurisprudence and politics.

(d) The analogous application of certain provisions of the imperial law for officials (§§ 57, 59, 60, 69), concerning service pensioners and their pension claims to the emerited professors and their salary claims, is ordered in § 5 of the law of June 18, 1890.

Accordingly the claim to salary of an emerited professor is suspended:

1. If he loses German citizenship, until its eventual restoration;

2. If, and as long as, he draws service income in the service of the Empire or of the state, in so far as the amount of such income, together with the salary of the emeritus, exceeds the amount of the service income of the professor before emeritation.

Similarly, if an emeritus has accepted a position in the public service which in itself is entitled to service pension and in this position has earned a service pension, he will continue to draw the emeritus salary only to the extent designated in No. 2 above.

The withdrawal, reduction, or restoration of the emeritus salary on the basis of the preceding regulations begins with the beginning of the month which follows the event entailing such change. In case of temporary reengagement in the service of the Empire or state on per diem or other remuneration, the emeritus salary is paid without reduction during the first six months of such occupation, but for and after the seventh month only to the amount admissible under the preceding provisions.

Even the so-called month of grace is granted to the relicts of the emerited professor as to those of the service-pensioned official. If an emerited professor leaves a widow and legitimate progeny the emeritus salary continues to be paid for the month following the month of decease. To whom payment shall be made is determined by the highest imperial authority, the secretary of state.

With the approval of the same authority, payment "of the month of grace" may be made also if the deceased leaves in destitution parents, brothers or sisters, nephews or nieces, or adopted children whose provider he was, or if his estate is not sufficient to cover the expenses of his sickness and burial. The "month of grace" is not subject to attachment.

[Pp. 202 and 203.]

V. PAYMENTS TO BE MADE TO UNIVERSITY OFFICIALS.

The following salaries obtain:

The secretary of the university, a salary of

At present____

The questor and accountant (rendant)

(Besides from questor fees, 2 per cent of the paid current hon-
-oraria, and for the collection of respited honoraria, 5 per
cent, and if these have to be recovered after the term of
respite, 10 per cent, he has service residence under statutory
rent; of his income from fees 1,000 marks are considered in
computing his service pension.)

The treasury assistant, at present___

(He ranks with the secretary's assistant and the treasury assistant of the inner administration; the respective salary posts are mutually transferable.)

Marks. 3, 300-4, 900

4,000

4,900

2, 800

The calculator and comptroller of the treasury draws as such no special remuneration.

The assistant officials of the institution receive: The prosector of the anatomical institute, 3,000 marks; the observator of the observatory, 3,900 marks; the assistants, varying amounts from 600 and 900 marks to 1,800 marks; besides, the assistants receive partially free service residence, even with furniture, or service residence at statutory rental. The subassistants, amanuenses, etc., receive very modest remunerations. The extraordinary professors, who serve also as assistants, receive no pay for these positions.

Of the subordinate officials, the clerk of the rector receives at present 2,300 marks; the bedels, including the head bedel and the superintendent of the household (Hausmeister), 1,400-1,900 marks; the head bedel besides, a func

tional increment of 300 marks; the janitor, a remuneration of 1,150 marks; the steward of women's clinical hospital, 1,900 marks; the university gardener, 2,000 marks.

The compensations of the servants and janitors of the institution consist in general of salaries of 1,275 to 1,525 marks, averaging 1,400 marks, which are mutually transferable. Most of them have service residence at statutory rentals. The servants of the Institute of Physics and Chemistry draw special salaries of 1,800 marks each, of which, however, certain amounts do not enter into computation of service pensions.

III. THE ROYAL BAVARIAN UNIVERSITIES.

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

The pensioning of the widows and orphans of the teachers and officials at the royal Bavarian universities is primarily like that of all other regularly employed public servants of the Kingdom of Bavaria under § 8 of the ninth appendix of the constitutional charter of May 26, 1818, regulated by the service decree of January 1, 1805.

According to this every widow of a public official and also the widow of a university professor receives, after lapse of the month of decease with which the salary of the deceased husband ceases, one-fifth of the activity or retirement salary of the latter as a widow's pension, derived proportionately from the same sources with the salary or periodical service-increments.

Each "simple" orphan (orphan having lost its father) shall receive one-fifth, "double" orphan (full orphan) three tenths, of the widow's pension as alimony.

This alimony ceases as a rule with entrance into the twenty-first year of life or previous change of condition, by which the orphan is otherwise provided for (Versorgung).

Children that have reached majority at the death of the father but are not as yet provided for receive for one year the amount of alimony which is computed for minors, as a final gift.

From the rule extinguishing the orphan's alimony with the beginning of the twenty-first year of life those children are excepted who are legally shown to have lost temporarily or permanently the ability of caring for themselves.

A threefold gradation is considered in this:

(a) Limited ability to make a living in the service of others or by work at home, which renders additional support apparently indispensable;

(b) Total inability to make a living;

(c) The still worse condition of chronic disease, total blindness, constant confinement to the bed, or other crippled condition which, in addition to total inability to make a living, demands the help and care of others. In accordance with these gradations there is granted even after entrance upon the twenty-first year of life in the first case one-half, in the second the whole of the statutory alimony, and in the third case this whole and an increment of its half, which increment in these extraordinary cases is extended also to widows' pensions, however, only in cases of established real destitution and no participation in a public charitable or provident institution.

As yearly contribution to the respective widows and orphans' fund, every regularly employed public official is held to pay a certain percentage of his service or retirement salary, which (percentage), with a salary of 1,080 to 3,600 marks and with higher salaries, rises up to 3 per cent.

In addition to this claim to pension, respectively alimony, there had been expressed already in Article XXIV, § 24, of the decree concerning public officials, that these officials ought to establish by their private means a special widows and orphans' fund.

Compare for this in general: J. Rüb, Der pragmatische Kgl. bayerische Civil Staatsdiener, seine Standes- und Besoldungsverhältnisse, ferner die Berechnung der Pension für ihn nebst Wittwen u. Waisen, sowie die Bezüge aus Relikten-Unterstüzengsvereinen und Töchterkassen. Published by the author. Press of I. M. Richter, Würzburg.