Alsace-Lorraine.— The present legal status of the imperial territory Alsace-Lorraine dates back to an imperial statute of 1911. At the head of the government is a governor who is appointed and removed by the Kaiser. The governor, indirectly, therefore, the Kaiser, in structs the three representatives of Alsace Lorraine in the Bundesrat. Their votes are not counted for Prussia unless this state has a majority without such votes. Neither are they counted when an amendment to the Con stitution is proposed. The legislative depart ment consists of two houses with equal rights in lawmaking. Of the members of the upper House one-half are nominated by the Bundesrat and appointed by the Kaiser ; the rest are mem bers either by virtue of holding certain offices or by being elected as representatives of mu nicipal, industrial, and commercial bodies. The franchise for the lower House is the same as for the Reichstag. The legislative period for both Houses is five years. The Kaiser has an absolute veto in regard to laws made by the legislature of Alsace-Lorraine. For the pur pose of local government the territory is di vided into three districts, and these are in turn subdivided into circles and communes. The government of Alsace-Lorraine -has undergone five changes since the territory was acquired by Germany in 1871, each change giving the territory a larder amount of self-government.
The system of law and the organization of justice of the German Empire differs in every respect from that of the United States of America. The law of the United States is the Anglo-Saxon common law, based upon precedence; the law of Germany is codified, laying down principles of justice appli cable to definite legal disputes and crimes. While in the United States all legal cases are settled in the same courts, German legal conception dis criminates between two distinct branches: Or dinary law (civil and criminal law) and admin istrative law, which are administered in two entirely different types of courts. Further more, while the United States recognizes two separate sets of courts, the Federal and the State courts, between which jurisdiction is di vided, the German system of ordinary law knows only one law, the imperial law, which is administered by state courts alone with final appeal in most cases to the only imperial court, the Reichsgericht in Leipzig, Saxony.
Organization of Ordinary Courts.— The organization of ordinary courts is laid down by an imperial law of 1879. The lowest ordi nary court is the Amtsgericht (County Court). The next highest court is the Landgericht (Dis trict Court). Superior to this court is the Oberlandesgericht (Provincial or State Court). Some of the smaller states have one Ober landesgeridit in common. A few of the largest states with several Oberlandesgerichte have designated one of them as the Supreme State Court, to which certain cases are delegated, which otherwise go to the Supreme Court of appeal, the Reichsgericht or Imperial Court.
Besides these regular courts of ordinary law there are a few special courts, such as the Kam mern fuer Handelssachen (Commercial Courts) in connection with the larger Landgerichte, the military courts. colonial courts and imperial consular courts, in a very few half-civilized countries.
At the head of the Amtsgericht is one sin gle judge who in criminal cases is assisted by two laymen as jurors. The Landgericht has three divisions. The decision of civil cases rests with three judges. Minor criminal cases are tried by the Strafkammern or Chambers for Criminal Cases, consisting of five judges. Al most all other cases go to the division called Schwurgerichte or Courts of Jury. These are composed of three judges and 12 lay jurors. The Oberlandesgericht and the Reichsgericht are divided into senate, or departments for civil and departments for criminal cases. The de partments of the Oberlandesgerichte are com posed of five judges, those of the Reichs gericht of seven.
Civil and Criminal Codes.—The excellent Civil Code of the German Empire went into ef fect 1 Jan. 1900, after a most careful prepara tion of 23 years. It is generally recognized by foreignjurists as a masterwork of jurispru dence. The code is divided into five parts: General principles, law of obligations, law of things, family law, and law of inheritance. The Criminal Code of the empire dates back to 31 May 1870. It is in many respects antiquated, and preparations for a new criminal code are under way. Besides the Criminal Code there are many individual imperial laws which pro vide punishment for misdemeanors and crimes, such as the Press Law, the Espionage Law, the Pure Food Law, the Trade Law, etc. Punish ment for violation of police regulations, min ing, fishing, hunting, and forestry laws are left to the individual states.
Procedure in Civil and Criminal In litigation in private law, involving a sum not exceeding 600 marks (about $150), the Amts gericht is the first court. In all other cases suits start in the Landgericht. The course of appeal is from the Amtsgericht to the Land gericht, from the Landgericht to the Ober landesgericht, and from the Oberlandesgericht to the Reichsgericht for revision. Minor cases in criminal law are also settled first in the Amts gericht. All serious criminal cases, such as are punishable up to a maximum of five years of penal cotifinethent, repetition of misderneanbrsii, theft and concealing of stolen goods, are tried' by the Strafkammer. All other criminal cases are under the jurisdiction of the Schwas gerichte, except cases of high treason. and. es. pionage which are decided by the Reichsgericht alone. Appeal in criminal cases is only per- ' mitted from the Amtsgericht to the StraficaM-• mer. The decisions of the other courts are only subject to revision by the Oherlandesge richt and the Reichsgericht.