From this revenue there shall be deducted, in addition to the necessary expenses, 30 florins (54 marks) to be added to the capital mass; the remainder shall be divided among the relicts of the members in equal shares: Provided, however, That the relicts of extraordinary members under § 10 shall enjoy only half shares. The receipts for the payments under §§ 10, 15, and 16 are free from stamp duty under the ministerial decree of August 17, 1860.

§ 17. In the computation of the revenue not only the amount of actually paid interest, but also the interest due shall be considered.

§ 18. The relicts residing in foreign parts in collecting their pensions shall have to establish their legitimacy by authoritatively certified proof of existence, and at the same time, on the one hand, the widows as to their continued widowhood, and on the other hand the adult children as to their not being provided for.

§ 19. A widow shall never be competent to receive more than 500 florins (900 marks) of pension from the private widows' fund of the university. Any eventual surplus of the revenue shall then be added to the capital.

IV. ADMINISTRATION.

§ 20. All affairs of the widows' fund not reserved for the general assembly of the ordinary members under § 10, letter a, or intrusted to the administrators alone, shall be subject to the decision exclusively of the royal academic senate under the presidency of the prorector, with the proviso of government approval whenever this may be required.

The senate shall elect three members of the widows' fund from its own midst as administrators for a period of four years.

§ 21. These administrators shall execute the status and shall in no way deviate therefrom. If a decision is to be made in accordance with a certain observance, this can be done only after a decision by the senate as to the exist ence of such observance. As a general rule the administrators shall report in all difficult cases to the senate. However, in matters concerning the widows' fund no definitive decision can be reached by the senate without first hearing the report and opinion of the administrators

§ 22. These elect from their midst a president and divide the business duties among themselves by agreement. The drafts of papers shall be signed by all the members of the administration, the papers themselves as issued only by the president.

§ 23. The judicial affairs of the private widows' fund shall be attended to by the syndicus of the university, the accounts and financial affairs by the questor after previous understanding with the administrators and after previously obtained approval of the royal academic senate and the royal state ministry of the interior for church and school affairs.

§ 24. The administrators shall effect the safe loaning out of money capital and notice for its return. In this they are subject to the statutory directions given to the administrative council concerning the loaning of money capital under personal liability in case of nonobservance.

§ 25. The administrator shall have the right to bring suit against tardy debtors and to issue authorization thereto under their names and seals or under the seal of the university for this purpose.

§ 26. At the close of each year they shall submit to the senate a statement as to the general condition of the widows' fund.

§ 27. The administrators shall perform their duties gratuitously. However, their expenses for writing material, etc., shall be defrayed from the private widows' fund.

§ 28. So long as the Frederick-Alexander University shall exist the private widows' fund can never be dissolved. Should the Frederick-Alexander University ever be dissolved the institution of the private widows' fund shall continue as long as there shall be left an ordinary or extraordinary member or a person entitled to draw pension. If, however, after dissolution of the university no person entitled to draw pension should exist, the assets of the private widows' fund shall be applied to some other benevolent object. In such case of dissolution of the university the existing regular (ordinary) members of the private widows' fund shall provide for suitable administration of the same and at the same time determine to what benevolent object the assets of the fund shall be applied after final dissolution of the institution.

B. PENSION CONDITIONS OF THE STATE OFFICIALS AND UNIVERSITY PROFESSORS OF BAVARIA.

The salary of the statutory state officials, with the exception of the judges, is divided in accordance with the charter of the constitution into two parts, the salary of office and the salary for service. The salary of office after definite appointment can not be withdrawn, the salary for service can be withdrawn with the service, but only with this. (Supplement to the constitution, IX, §§ 18 and 19.)

The determination of the two parts of the salary is made in the first place in accordance with eventual provisions of the decrees of appointment; in the absence of these, in accordance with eventually existing general provisions, when these two are lacking, as is usually the case, in accordance with the provisions of the ninth supplement to the constitution (§§ 6-8). These provisions are as follows:

If the total salary consists only of a principal money payment, then, in the first ten years of service, seven-tenths of this amount; in the second decade of service, eight-tenths, and with the beginning of the third decade, nine-tenths are salary of office; the remainder is salary of service.

If the total salary consists of a principal and a supplementary amount, then, in the first decade, eight-tenths of the principal amount, and with the beginning of the second decade, nine-tenths thereof are salary of office; the remainder is salary for service.

The difference between salary of office and salary for service disappears when the state official has reached the seventieth year of life. In such event the total amount of salary becomes nonwithdrawable.

With judges there is no division into salary of office and salary for service. Their entire salary is nonwithdrawable. The absolute permanence of the salary of office and of the judicial total salary, and the permanence of the salary for service on the part of the state official in service, produces in detail the following effects.

The transfer of the state official can not effect any reduction with reference to the total salary (“ständigen Gehalt"). (Supplement IX of the constitution, § 20.) Nor can such a reduction take place with regard to the official position itself. The ninth supplement of the constitution provides further, in §§ 26 and 27, that in case of reemployment of a state official his acquired rights shall not be prejudiced.

In case of the death of a statutory state official, his claim upon salary continues for the month of death and the month following in favor of his heirs." The salary conditions of the nonstatutory state officials are not regulated by general statutory provisions.

A method of compensation for state officials is practiced also in the granting of fees from those who may require the services of the state official. Fees may be allowed either in addition to a salary or constitute the exclusive service income.

In addition to salaries proper there are yet special money payments by the superior (Dienstherr) that are granted to the inferior officials (Bediensteten) without legal claim. Such voluntary allowances are the remunerations, gratifications, and patronage supports.

For the support of the statutory and nonstatutory state officials and their relicts the state has special funds.

The dismissal of a state official from service has certain effects upon his legal pecuniary claims.

During his provisional dismissal from service the salary of the official is partially continued. The portion of salary to be withheld with statutory officials is the salary for service, respectively, a part of the total salary corresponding with the statutory salary for service (Dienstgehalt), with other officials one-third of the salary.c

If the prosecution of the accused is vacated or if he is acquitted or if a judge in the official disciplinary process is sentenced merely to reprimand or to a fine, the part of the salary withheld is to be restored. In other cases it is lost.d

• Pragmatik von 1805, Art. XXIV, § 6. Compare J. Hock, Handb. d. gesamt.

berg, 1882-85. 1, p. 56: 111, p. 239 ff.

Finanzverwalt. i. Königr. Bayern, Bam

See Ges. z. R. St.-P.-O., Art. III, Abs. III-IV, Richterdisciplinargesetz, Art. 22, Abs. I. See Ges. z. R.-P.-O. Art III, Abs. V, R.-D.-G. Art. 63.

On being placed at disposal or retired, the statutory state official receives the unwithdrawable portions of his salary as retirement salary.

On the other hand, he has no claim on retirement salary, if he or his superior (Dienstherr) has availed himself of the right to the one-sided dissolution of the official relation. The former may be done at any time, the latter only during the provisional period.

The nonstatutory (nicht pragmatisch) state officials are divided into several classes with regard to their treatment on cessation of service.

No claims to service pensions are accorded to officials employed on call and recall or as commissioners, or to the unsalaried state servants employed only on fees.

The functionaries, too, have no legal claim to pensions, although this does not exclude the allowance of pensions as a gratuity (gnade).

Since the second half of this century an administrative practice was introduced, under which treatment "in accordance with the ninth supplement of the constitution" is granted to certain classes of nonstatutory (nicht pragmatisch) salaried state officials or individual servants personally, in the event of inability to serve or to make a living under satisfactory performance of service. This, however, too is not done on the ground of any legal claim. Only a gracious favor is held in prospect.

A legal claim to pension is granted only in the cases in which certain classes of nonstatutory state officials after a certain time of service are accorded “stability," i. e., the right of pension under the provisions of the ninth supplement of the constitution.

In this, however, it must be emphasized that both this accordance of legal claim and that gracious favor do not extend to § 22 of the ninth supplement of the constitution.

The retirement salaries so granted are designated as

substentations."

IV. THE ROYAL WURTTEMBERG UNIVERSITY OF TÜBINGEN.

A. PROVISIONS FOR THE WIDOWS AND ORPHANS OF PRO-
FESSORS, ETC.

For the pensioning of the widows and orphans of teachers and officials of the University of Tübingen the provisions of the Wurttembergian law of June 28, 1876, concerning the legal status of state officials and of the officials employed at Latin and real schools obtain. (Government Journal for the Kingdom of Wurttemberg, No. 22, p. 211 ff.) In the computation of the pensions of the university professors, inasmuch as the amount of the widow's and orphan's pension of relicts of state officials entitled to service pension is determined by the service pensions of the latter, there enters also the law of March 30, 1828, concerning the status of officials of the university (Government Journal No. 19, p. 157 ff.), which [law] contains special provisions concerning the computation of the pension of university professors and which are in effect now. In accordance with this, as a rule—

1. The widows of deceased university professors and officials receive onethird of the retirement salary of the deceased husband; and

2. The legitimate children under 18 years of a deceased university professor or official (u) if the mother is still living, one-fifth of her pension; (b) if this is not the case, one-fourth of the pension of the widow.

As annual fee, the professors and officials of the university have to pay into the widows' fund for civil employees of the state 2 per cent of their service salary, of the salary paid while at disposal (Wartegeld), or of the retirement salary (Ruhegehalt). (Compare articles 7 and 10 of the law of March 30, 1828.) The respective provisions of the law for officials of June 28, 1876, and of the law of March 30, 1828, are as follows:

a Verfass. Beilage IX, $§ 2 and 22 A.

(a) Law concerning the legal status of state officials, as well as of the officials employed at Latin and real schools, of June 28, 1876.

ALLOWANCES OF RELICTS.

I. Salary after death (Sterbenachgchalt).

Article 54-If an official under employment entitled to pension (art. 2, subarts. 1 and 2) or a retired official or a pensioner leaves a widow or legitimate children who shared the family residence with the deceased or who have not yet passed the eighteenth year of life, such relicts are entitled, as salary after death (Sterbenachgehalt) for the forty-five days succeeding the month of death (Sterbemonat), to the service salary, to the salary paid while at disposal (Wartegeld), or to the retirement salary of the deceased.

In the absence of such relicts the payment of the Sterbenachgehalt may be granted also, if the deceased leaves in destitution adult children, grandchildren, parents, brothers or sisters, nephews or nieces, or foster children whose provider he was, or if his estate is not sufficient for payment of the expenses of his last sickness and his burial.

The salary after death (Sterbenachgehalt), payment of which is to be made by the widows' fund with which the official was connected (§ 57), can not become subject to attachment.

The prepaid monthly salary shall not be subject to restoration from the estate of officials who may leave no relatives entitled to (Sterbenachgehalt) (salary after death) or whose inheritance does not pass to such relatives, as well as from the estate of officials who were employed without title to pension.

II. Pensions of widows and orphans.

Article 55.-If, waiving the persons named in article 56, an active or retired official who at the time of his death had claim to pension or a pensioner leaves a widow or legitimate children under 18 years, these shall receive from the widows' fund for civil state officials, beginning with the lapse of the Sterbenachgehalt, the following amounts of yearly pension:

1. For the widow, one-third of the retirement salary of the deceased b whether the latter has been at pension or not;

2. For each legitimate child under 18 years, (a) if the mother is still living, one-fifth of this pension; (b) in other cases one-fourth of the pension of the widow.

A claim to a widow's pension shall be lost if the competent court has decreed

"Art 2, subarts. 1 and 2, of the law of June 28, is as follows:

"With regard to the appointment and dismissal of the ministers or chiefs of departments and other members of the privy council the provision of the constitutional charter, 57, subpar. 1, shall continue in force.

"The officials who are appointed for life are enumerated in Appendix I of this law." (The following officials are designated as employed for life in this appendix: The chancellor (Kanzler), the bailiff (Amtmann), and the cashier (Kassier); the ordinary and the extraordinary professors; the librarians who occupy this position as their chief office.)

Concerning the computation of the time of service which shall be considered in determining the retirement salary, as well as concerning the amount of retirement salary, article 39 ff. provide as follows:

Article 39. The time of service to be considered in determining the retirement salary shall be computed beginning with the day of appointment for life. To this there shall be added-if an appointment to a position held on quarterly notice (Append. II of this law) or the unofficial employment in domestic, state, or school service of a candidate of officially recognized competence, or the academic activity as private docent (Privatdozent) preceded the time of service passed in such employment or activity after completion of the twenty-fifth year of life.

At the University of Tübingen, under Appendix II of the law of June 28, 1886, the following are employed on quarterly notice: The language teachers, the music teachers, drawing teachers, riding teachers; then the dancing master, fencing master, the teacher of gymnastics; furthermore, the registrar of the university, the copyist of the univer sity, the assistants at the library, the prosector, the preparator at the zoological cabinet, the medical assistants and stewards in the several clinical hospitals, the gardener, the mechanician of the technological and physical institute, and, finally, the beadles and the servants at the university institutes.

Article 40. To the civil service there shall be added the time of active military service in the imperial army or in the imperial navy, as well as the time of former active military service in one of the States of the German Federation.

If, however, participation in active military service occurs during employment in the civil service, double computation of the same period of time shall be inadmissible. Time of service before the eighteenth year of life shall not enter into computation. Only the military service given in time of war or with a mobilized or reserve army corps shall be computed without regard to the time of life.

As time of war there shall be counted in this respect the time from the day of an ordered mobilization which is followed by a war.

Article 41.-For each campaign in which an official has served in the imperial army,

divorce or the annulment of the marriage or, before January 1, 1876, the permanent separation from bed and board.

Each child from such separated marriage, however, shall receive until completion of the eighteenth year of life one-fourth of the pension to which the mother would have had claim.

In computing the annual amounts of pension, the resulting pfennige are estimated as a full mark.

To the King is reserved the right to consider distinguished merit of an official in determining the pension for his widow and orphans in accordance with the special circumstances.

Article 56.-[Concerns the pensioning of the widows and orphans of directors or teachers who may have been appointed for life at an educational institution in acordance with article 16 of the law of July 6, 1842.]

in the imperial navy, or in the army of one of the States of the German Federation in such a way that he actually faced the enemy or followed mobilized troops into the field or was on board of a vessel or ship of the imperial navy destined to be used against the enemy, one year shall be added to the actual period of his service.

The provisions of the imperial law of March 31, 1873, concerning the status of the Imperial officials, § 49, subpars. 2 and 3, and § 50, shall apply equally here.

Article 42. The time of service shall also include the time during which an official1. Has been in temporary quiescence with payment of Wartegeld (salary while waiting for appointment); or

2. Held a life appointment as imperial official; or

3. Was in the service of the royal court or the chamber of the royal court domain, with title to pension; or

4. Held an appointment in the domestic church or public school service or was employed unofficially (unständig) in such service under the provisions for such service with title to its consideration in the computation of time of service; or, finally,

5. Has been in unofficial (unständig) employment or as obligated personal assistant of an official in the domestic state service or at an educational institution named in Appendix I of this law, after completion of the thirtieth year of life and after passing a service examination, and in so far as the provision of article 39 does not apply to him.

Article 43.-With the approval of the King, there may also be added for special reasons to the time of service entitled to pension the time during which an official

1. Has been in the service of another State of the German Federation, or even of a State not belonging to the German Empire, in corporate service or in private service; or

2. Has acted as attorney or notary.

Article 44-On the other hand, in computing the time of service, there shall not be considered the time which passed before loss of service on the part of an official who at an earlier period lost his office by criminal or disciplinary process and was reappointed later on.

With the exclusion of this case, a preceding interruption of state or school service shall not exclude the consideration of earlier years of service from computation of the service time entitling to pension on the part of an official.

IV. Amount of the retirement salary and its payment.

Article 45.--The basis for the computation of the amount of the retirement salary is the salary (art. 11, No. 1) which the official drew during the last year before the day of his retirement.

With an official in temporary quiescence with Wartegeld, in the event of his retirement, the retirement salary is computed on the salary which he drew within the last year before the day of his temporary quiescence.

Article 46. If an official who occupies several offices at the same time is relieved at the time of his retirement of only one or several of them, the provisions of article 16 shall be respectively applied.

Article 47-The retirement salary, with entrance upon the tenth year of service, as well as in the case of article 30, amounts to 40 per cent of the service salary. With each further year of service, including the fortieth, it is increased

1. By 13 per cent of the amount of the salary up to and including 2,400 marks; and 2. By 1 per cent of the amount of the salary exceeding 2,400 marks.

The King reserves the right in determining the retirement salary of an official to consider distinguished merit appropriately.

The highest amount of a retirement salary is fixed at 6,000 marks.

In computing the annual amounts of retirement salaries the resulting pfennige are estimated at a full mark.

For articles 7 and 10 of the law of March 30, 1828, making further provision for the computation of the pensions of the widows and orphans of university professors, see below, page 191.

Article 25, referred to under article 46, provides:

"If an official occupies several offices at the same time and is relieved by quiescence of only one or more of them, it shall be determined whether heretofore he has drawn for each of these offices a separate salary or a total salary for all."

In the first case he retains the salary of the office or offices of which he is not relieved without reduction and draws the Wartegeld only for the position or positions which cease. In the second case the share of the discontinued office in the total salary shall be determined with regard to the relative importance of each of the united offices and with regard to other conditions, and then the partial Wartegeld computed in accordance with the above provisions.