pay into the widows' fund, and which the questor is authorized to deduct or cause to be deducted from his pay; a

5. Of the entrance fees (Accessgelder) of the newly entered members and, respectively, of the arrearage interest thereon;

6. In some secondary revenues, viz:

(a) From each inscription or immatriculation a voluntary amount, which is asked ad pias causas.b

(b) From each, although otherwise gratuitous, promotion, 1 florin 30 kroner (2 marks 70 pfennigs).

(c) From every entombment in the university vault the conventional fees, viz:

A. For ordinary professors and their family members, (1) for adults, 5 florins; (2) for children under 12 years, 3 florins. B. For others according to varying conditions, 20 to 50 florins. The repairs of the university vault, under the resolution of the administrative council of August 29, 1859, is to be charged not to the private widows' fund, but to the exchequer of the university.

II. DUTIES AND RIGHTS OF MEMBERS.

§ 5. Every ordinary professor is immediately entitled to admission to the widows' fund; as actual member he will be considered, however, only with the day when he has paid his entrance fee. Should he die before payment of this fee his relicts shall have no claims upon the private widows' fund, and the payment of entrance fees after death by relicts is under no circumstances admissible. § 6. These entrance fees shall be computed at 5 per cent of the fixed salary, so that, however, 60 florins (180 marks) shall be the minimum of the fee. To the fixed salary there shall be added in the computation also the statutory functional receipts, in so far as they are not granted for the purpose of defraying official expenditures. The salary paid in grain (Getreide-besoldung), in so far as this shall be defrayed from the university fund, shall enter into the computation. Supplementary receipts, however, from other funds shall not be considered. The phrase other funds" shall include only those funds that are administered by other than university authorities.

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Therefore 5 per cent shall be paid supplementally on every later increase in salary, if thereby a salary of 1,200 florins (2,160 marks) is not exceeded, as well as on functional receipts designated in detail above.

§ 7. The president of the administrative council of the widows' fund shall, as soon as feasible, submit to each newly appointed ordinary professor e the statutes for his inspection, stating the amount of the capital of the association and the pension rates of the last fiscal years.

The professor who may desire to avail himself of his right of admission shall state this in a written communication to the administration, which (latter) thereupon shall immediately remit to the cashier the requisite order for the collection of the entrance fee.d (Resolution of the royal academic senate of July 20, 1872.

The member that pays his entrance fee later than eight days after transmittal of this communication shall pay interest at 5 per cent on the entrance fee from the lapse of these eight days to the actual payment of the fee, for the benefit of the fundamental capital.e

All ordinary professors appointed after June 13, 1869, both active and not active members of the private widows' fund, shall pay an annual contribution of 10 florins (18 marks). (Ministerial decree of June 13, 1869, No. 4926.)

Repealed on the basis of ministerial decision of October 4, 1891, No. 14173.

By a resolution of the administration of April 23, 1869, it was decreed that the statutes should be immediately sent for inspection also to those ordinary professors appointed only provisionally by ministerial decree.

If, on receipt of a communication declaring the desire to enter, a decree for entrance has been issued to the questorate, and if eight days after receipt of the decree the entrance fee has not been paid, the questorate shall report this to the administration. The decree shall then be withdrawn, and only upon request by the respective professor a new decree shall be issued to the questorate. (Resolution of the administration of June 23, 1870.) In case of arrearage interest proceedings are as follows: First, the questorate receives a decree for the collection of the entrance fee and, at the same time, a request to compute at the proper time the arrearage interest up to the date of actual payment, and to submit this computation to the administration. When this has been done a new decree for collection of the entrance fee is issued to the questorate, with inclosure of the computation of the questor. (Resolution of the administration of July 1, 1870.)

§ 8. Separation from the widows' fund shall take place only when a member separates his connection with the Frederick-Alexander University either by emigration or transfer or dismissal from service. In all these cases, separation from the widows' fund is necessary.

Retirement as such, whether the retirement salary be paid from the questorate fund or from another fund, is not ground for separation as long as there is no return to active service or employment of the retired professor in a function not connected with the University of Erlangen.

§ 9. In case of separation from the fund the entrance fees (Accessgelder) shall be returned to the member separated, but without interest. Compensation for

the paid annual fees can not be made.

§ 10. Outside of the ordinary professors no other member of the university is entitled to admission. However, the members of the private widows' fund shall have the right to admit also extraordinary professors that draw salaries from the exchequer of the university, the syndicus, questor, and secretary of the university, as a special favor and under free agreement. However in such a case it is provided:

(a) The admission of new extraordinary members shall be decided by all the ordinary members, with the exception of the senators that have not joined the widows' fund, under the presidency and direction of the president of the administration, by secret ballot with black and white balls; but new extraordinary members shall not be admitted, nor even their admission proposed, until the yearly income of the widow of an ordinary member shall have reached a minimum of 300 florins (540 marks), for which reason the administrators shall submit a report concerning the status of the widows' fund whenever a vote is to be taken;

(b) Two-thirds of the votes shall be requisite for admission;

(c) The admitted member shall be considered only as an extraordinary member of the association and shall have no vote concerning the interests of the widows' fund; and

(d) He shall, however, contribute in the same measure with the ordinary members, but his widow or other relicts can claim only one-half the annual pension due the widows (and other relicts) of ordinary members.

III. RIGHTS AND DUTIES OF RELICTS.

§ 11. The relicts of the ordinary and extraordinary members shall enter upon the enjoyment of their pensions at the end of the month of decease and the after month (Nach-monat).

The widow shall draw her pension until her death or remarriage. In both cases her pension shall be transferred without reduction to the legitimate children of the deceased husband, if there are such, and shall continue to be paid until the youngest child shall have been sufficiently provided for or shall have passed the twenty-fifth year of life; provided, however, that the portion of the child or children who may have been provided for or who may have passed the twenty-fifth year shall accrue to those children who are not as yet provided for and have not completed the twenty-fifth year of life.

§ 12. If there is no widow the children shall at once enter upon the enjoyment of the pension. Should a child be already provided for at the death of the father or of the widow he or she shall be wholly excluded from participation in the pension.

§ 13. The pension may be expended without reduction in the home country or in foreign countries.

§14. In addition to the pension, upon the death of a member, inclusive of extraordinary members, a sum of 30 florins (54 marks) shall be paid at once as contributions to the cost of burial.

$15. If the deceased was not married, or a widower leaving no children entitled to pension, his heirs shall receive, once for all, 60 florins (108 marks), which shall include the 30 florins (54 marks) for the above (§ 14) burial expenses. The payments under §§ 14 and 15 shall be made not from the interest of the invested assets but from the fundamental assets.

Upon the death of a member the administration shall transmit to the relicts written notice of the amounts due them.

§16. The amount of the annual pension shall be determined by the number of existing widows and, respectively, orphans and by the revenue from interest.

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 existence 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 sam 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 oflice 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. I, p. 56; III, p. 239 ff.

Finanzverwalt. 1. 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.

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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 (a) 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.