Paris, From the Earliest Period to the Present Day; Volume 2

by William Walton

On these great occasions, the pupils who have secured this coveted privilege of an outing assemble in the cour d'Austerlitz or the cour Wagram to be formally inspected by the captain of the week. "Oh! this inspection!" says an ex-élève; "I know nothing more terrible, more feared, and more to be feared. How many laborious efforts, how many cherished hopes, are made naught before this inflexible judge, who, for the slightest spot, the smallest grain of dust, transforms into bitter sadness the secret exultation of a heart which felt itself full of the joy of existence! One day, when I had painfully acquired my petites moyennes, the captain halted in front of me. I was confident; I felt myself to be irreproachable. 'Give me your promission!' said he, suddenly. And, before my eyes, sarcastically, he tore into fragments this talisman of my liberty;—it appeared that the contact of my cheek with the collar of my capote had left on the latter the almost imperceptible touch of a little rice-powder! There was nothing for me to do but to go back to my chamber, resume my working costume, and increase the number of petits-cos, prisoners."

Without going into the infinite details of the administration of justice in the capital, it may suffice to indicate briefly the different attributes and functions of the four great courts of Paris. These are: Cour de Cassation, which sits in the Palais de Justice; the Cour des Comptes, at the Palais-Royal; the Cour d'Appel, at the Palais de Justice; and the Cour d'Assises, at the Palais de Justice. The duties of the first of these—at the present moment occupying so large a share of the attention of the civilized world—are briefly stated to be "to maintain the sound and uniform application of the laws." This court sits in judgment on all demands for the quashing of judgment and decrees rendered by courts of the last resort; it decides upon the demands for transferral from one court to another, in case of legitimate suspicion or for the benefit of the public security, conflicts of jurisdiction, and decisions of judges. It has the power of annulling all procedures in which the legal forms have been violated, and all judgments which are in direct contradiction with the text of the law. It can take cognizance only of questions of law, and not of those of facts and material details; after having quashed a judgment, it sends the case back to another court of the same order as that of which the decision has just been annulled. This new decision may be again attacked and set aside, but to prevent the endless repetition of this process, the tribunal or the court to which the case is referred after a second reversal must conform on the point of law with the decision of the Cour de Cassation.

It can pronounce upon the decisions of all the tribunals of the judiciary, properly so called, but cannot take cognizance of any decision of administrative justice. The decisions of the military tribunals can be brought before it only by non-military persons appealing against the incompetence of the military jurisdiction in their case. It can quash the decisions of Juges de Paix only when they exceed their power. It cannot determine upon the decisions of voluntary arbitrators, who are not considered as legal tribunals, nor upon judgments which are not definitive and conclusive, or which have acquired the authority of the famous chose jugée,—decision rendered.

The Cour de Cassation consists of a first President, three Presidents of Chambers, forty-five Conseillers divided among the three chambers (of Requêtes, Civil and Criminal), a Procureur général, six Avocats généraux, a Greffier en chef, and four Greffiers. The Chambre des Requêtes sits in judgment in all civil matters not excepted by some law, if the appeal is admissible. In this case, it sends back, by a decision the grounds of which are not given, the case to the Chambre Civile. Otherwise, it rejects the appeal by a decree the grounds of which are given. It renders judgment in electoral matters, and, within certain limits, in various special affairs.

The Chambre Civile decides definitely upon all appeals received and sent to it by the Chambre des Requêtes, it takes cognizance directly of appeals in questions of expropriation for the public utility, of appeals brought, in questions of law only, in civil matters, by the procès gallican before the Cour de Cassation; of appeals, when there are grounds, in disciplinary matters.

The Chambre Criminelle decides directly upon appeals in affairs criminal, correctionnelle, and of the police, upon demands for revision in judicial decisions and transferrals from one tribunal to another, in cases in which the legal powers have been exceeded and the decisions are annulled under proceedings instituted by order of the Minister of Justice. In certain cases, determined by the law, the three Chambres are united in a solemn audience to sit as the Conseil Supérieur de la Magistrature.

Since 1883, the Cour de Cassation has constituted the Conseil Supérieur de la Magistrature and has been in possession of all disciplinary powers with regard to those magistrates who cannot be removed from their offices, of the Cour de Cassation, of the Cours d'Appel, Tribunaux de Première Instance, and Juges de Paix. The Conseil Supérieur determines, the three Chambres being reunited, upon the requisitions of the Procureur général; representing the government. No irremovable magistrate of the courts and tribunals can be displaced excepting upon the decision of the Conseil Supérieur. This removal does not entail any change of functions nor diminution of position or income. The magistrates can be placed upon the retired list, for grave and permanent infirmities, by the decision of the Conseil Supérieur.

It may be interesting to know that the salary of the first President is thirty thousand francs; of the Presidents of Chambres, twenty-five thousand francs each; of the Conseillers, eighteen thousand francs each; of the Procureur général, thirty thousand francs; of the Avocats généraux, eighteen thousand francs each; of the Greffier en chef and the four commis-Greffiers, together, thirty thousand francs.

It is before the Chambre Criminelle of this court that the inquiry into the case of Captain Dreyfus has been conducted; and one of the many frantic appeals of the anti-revisionists, anxious to prevent another trial at any cost, has been to have the case transferred before the full Cour de Cassation,—which has been finally granted by the government.