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 bis service pension.)

The treasury assistant, at present___

(He ranks with the secretary's assistant and the treasury as-
sistant 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 ibn nebst Wittwen u. Waisen, sowie die Bezüge aus Relikten-Unterstüzengsvereinen und Töchterkassen. Published by the author. Press of I. M. Richter, Würzburg.

After various initial attempts since 1818 such a special fund was finally estab lished in 1865 under the name of "Benefit Association of the Regular Public Officials." a

The members of this benefit association are grouped into three classes, as follows:

Those that draw salaries of 4,320 marks and over, first class;

Those that draw salaries of 2,160 to 4,319 marks, second class; and
Those that draw salaries of less than 2,160 marks, third class.

The first class has to pay an annual premium of 61 marks 20 pfennigs, the second class 40 marks 80 pfennigs, the third class 20 marks 40 pfennigs.

For this the widow of an official of the first class receives an annual pension of 540 marks, of the second class 360 marks, of the third class 180 marks.

The "simple" orphan (half-orphan) receives up to the completed twentieth year of life, or until provided for at an earlier period, one-fifth, the "full" orphan three-tenths, of the pension due to the mother.

There is no obligation for university professors to join the benefit association; on the other hand, the civil officials of the university are under obligation to join the association on the day of their appointment. With this benefit assoeiation a so-called “daughters' fund" (Töchter Kasse) is connected. From this the unmarried daughters of members receive after the death of their parents annual benefits (Präbenden) eventually for life, however, not before the beginning of the twenty-first year of life, and until marriage or the taking of perpetual vows in a convent. These benefits amount annually to 240 marks. The annual fee for each regular member of the daughters' fund is fixed at 20 marks 40 pfennigs.

There is no obligation to join the fund either for university professors or for the civil officials of the university.

The following revised statutes, approved by the government under date of September 13, 1889, were adopted by the eleventh general assembly of June 25, 1889:

Revised statutes of the general benefit association for the relicts of royal Bavarian public officials and of the daughters' fund connected therewith.b

SECTION I-GENERAL BENEFIT ASSOCIATION.

§ 1. The object of the association shall be to provide benefits for the relicts of its members, without prejudice to any claims they might have to pensions or alimony from the public funds.

§ 2. The general benefit association draws its members from the public officials employed in the royal civil service with statutory rights in accordance with the ninth appendix of the constitutional charter, to the exclusion of those who already belong to an association established for the benefit of the relicts of public officials under the supervision of the state and enjoying contributions from the public funds.

The following may become honorary members at any time: Public officials of all grades who, under the government order of April 6, 1888, concerning the general benefit association, etc., and the daughters' fund connected therewith, are not under obligation to become regular members, if-without raising any claims to the funds of the association for their relicts-they intend to assist in its object and prove this intention

(a) By pledging themselves to pay during their continuance in the service the contribution fee of a regular member corresponding with their salary; or

(b) By paying into the fund of the association on application for honorary membership an aggregate sum amounting to at least ten annual contribution fees of regular members of their salary class. Increase of the contribution fees under § 13, subparagraph 2, or supplementary contribution fees, shall not apply to honorary members.

Compare Bayerisches Staatsrecht, von Max Seydel, 1887, Vol. III, p. 462 ff. Compare in this connection the chamber decree of July 10, 1865 (G. Bl., p. 110), concerning the, establishment of a benefit association for the relicts of royal Bavarian civil officials; the royal government decree of August 31, 1865, concerning the same association and the daughters' fund connected therewith; the royal government decree of April 6, 1888, concerning the same object, and the announcement of the royal ministry of finance of April 24, 1888, connected therewith, all printed in the "Revised Statutes of the general benefit association, etc., Munich, 1889: Academic Press of Fr. Straub."

§ 3. The association shall be under the supervision of the government. § 4. The association shall have the rights of a corporation.

§ 5. The state officials named in § 2, subparagraph 1, appointed on or after April 6, 1888, not belonging to the Catholic clergy, shall become regular members of the association with their appointment.

The university professors appointed on or after April 6, 1888, and who do not belong to a separate association established for the benefit of the relicts of state officials, enjoying contributions from the state and placed under state supervision, shall become members if within six months from the day of their appointment they pledge themselves to pay four widows and orphans' fees for the benefit of the benefit association in accordance with the provisions made in behalf of the regular state officials. This term of respite shall begin for university professors appointed on or after April 6, 1888, up to the day these revised statutes take effect with the last-named day.

The examination of membership claims, their recognition by the issue of the certificate of membership, and, eventually, their rejection on the ground of these statutes, shall belong to the council of administration.

The determination of the statutory contributions shall be made in accordance with government provisions existing at the time.

§ 6. For the state officials designated in § 2, subparagraph 1, who may have been appointed before April 6, 1888, the following provisions shall apply :

They shall be entitled to regular membership in the association if on the day of application for membership they are still in active service and have not passed the fiftieth year of life.

They shall pay supplementally the respective contributions from October 1, 1865, respectively, from the day of their later appointment to the day of their application for membership, and suffer an additional charge of 10 per cent annually of this supplemental payment for the entire period to which the supplemental period applies.

The application for membership shall be made against immediate certificate of receipt, as follows:

By members of the royal council of state to the royal state ministry of the interior;

By an official belonging directly to one of the royal civil state ministries, the same;

By directors of the central and centralized offices and of the circuit offices, to the respective royal state ministry;

By other officials to their boards of directors, respectively, to the boards of directors of their superior offices.

The respective offices and boards of directors shall transmit the applications for membership to the council of administration of the association and shall make report to the offices in control of the respective funds, stating the amounts of contributions due, for the purpose of their collection at the proper time.

The examination of membership claims, etc., see § 5, subparagraph 3, p. 135. The rights and duties of membership shall obtain with the date of application for membership, subject, however, to the recognition of the right of membership by the council of administration.

If a member dies before complete discharge of these obligations, his relicts shall not actually draw their statutory claims until by their retention, or in other ways, the arrears shall have been fully covered.

The provision of the preceding subparagraph shall apply without regard to the time of the acquisition of membership.

§ 7. Every regular member is under obligation to belong to the association as long as he is in the enjoyment of a salary or service pension from the Bavarian state treasury.

§ 8. The obligation of a regular member shall consist in the payment of a fixed annual contribution, which, beginning with the time of the acquisition of membership, shall be collected, as a rule, through deduction from the salary or service pension.

Members whose contributions can not be raised through such deductions shall be excluded from membership if they should be in arrear with their contributions for more than six months and if the request for payment by the adminis trative council should have remained ineffective.

§ 9. No restitution of paid contributions shall be made.

§ 10. Subject to the provisions of subparagraph 2, a member of the association shall continue as such, even after voluntary or involuntary separation from the

service of the state, if the member obligates himself to continue payment of the annual contribution of the class to which he belonged heretofore, and, should he later on fail to pay contributions due to the benefit association, to pay in addition an annual increase of contribution equal in amount to the contributions last paid.

A member who, in consequence of criminal or disciplinary judgment, shall lose temporarily or permanently his office or rights of citizenship or the right to occupy public office, shall cease to be a member of the association with the day the respective judgment shall take effect.

The right of membership may, however, be retained under assumption of the obligations of subparagraph 1, when, in the disciplinary dismissal of a judiciary official under article 5, §5, of the disciplinary law for judiciary officials of March 26, 1881, the relicts of the same shall have been left wholly or in part in the enjoyment of their pension claims.

The relicts of a former member that has lost membership under subparagraph 2 shall have no legal claim to benefits. The right, however, is reserved to the administrative council to grant, in case of destitution, moderate benefits in proportion to the paid-up contributions.

§ 11. The fund of the association shall be derived

(a) From the contributions due from regular members and from the annual contributions of honorary members;

(b) From the supplementary contributions of regular members;

(c) From the endowment fund assigned to the association under the governmental chamber decree of July 10, 1865, § 10, letter a, No. 1, and which eventually is to revert to the state;

(d) From annual contributions by the State;

(e) From the aggregate payments of honorary members and from other gifts, inheritances, legacies, etc.

For reenforcement of the fundamental assets and its permanent security the incomes designated under letter (b) and under letter (e), in so far as the donors or testators have not expressly made different provision, shall be added to these (assets). Similarly, there shall be added to these (assets) all amounts and all surplus of the income designated under (d), as well as of interest on the assets, which under the provisions of § 17 appear to be excluded from application to current benefits.

§ 12. The regular members of the association are grouped in three classes. Beginning with January 1, 1876, the state officials that draw an annual salary(a) Of 4,320 marks and over shall belong to the first class;

(b) of 2,160 to 4,319 marks shall belong exclusively to the second class; (c) Of less than 2,160 marks shall belong to the third class.

Portions of salary that are designated in amounts of grain, and that are, however, statutory, shall be computed with the fixed salary under the valuation given in the decree or in the nominative law.

Retirement shall not affect the preceding provisions.

§ 13. Beginning with January 1, 1876, the contributions due by regular members shall, as a rule, be as follows:

First class, annually, 61 marks 20 pfennigs;
Second class, annually, 40 marks 80 pfennigs;

Third class, annually, 20 marks 40 pfennigs.

The amount of these contributions shall be increased by 25 per cent in all the three classes for a regular member who

(a) On the day of the acquisition of membership shall have passed the fiftieth year of life, and who at the same time is married or widower, with one or several children that have not as yet completed the twentieth year of life; or

(b) Who, after completing the fiftieth year, marries or remarries a woman more than 10 years younger, in so far as he is not already under obligation to pay the increased contribution according to regulations under (a).

§ 14. From the resources of the association benefits shall accrue without regard to other property or income on their part

1. To the widows during their widowhood;

2. To the legitimate children or children legitimized by subsequent marriage, in case of their orphanage, up to the completed twentieth year of life or until they may be provided for at an earlier period.