Page:EB1922 - Volume 30.djvu/477

Rh their language was German. The courts of first instance were each presided over by a single judge, the courts of appeal by three judges. The Belgian bar was denied the right to defend persons tried before these tribunals. Such persons, if granted the assistance of counsel, had to apply to the Justizkommissar, who assigned them a counsel for defence. These courts dealt with all causes in which a German or a neutral was concerned; they could besides declare their competence in other cases. They continued their functions until a few days before the Armistice. The administration of justice had now been taken completely into the hands of Germany.

Attitude towards the Belgian Magistracy. From the first days of the occupation the German attitude towards the Belgian magistracy had constantly impeded the normal administration of justice. The German authorities were continually interven- ing, either to stop prosecutions at common law of Belgians in their own pay, or to prevent the application of repressive measures rendered necessary by the conduct of the German soldiery against the demoralization of minors; or to liberate prisoners on remand or after sentence, who were for some reason favoured by the government of occupation. The functions of juges de, paix and juges d 'instruction were alike subject to constant interference from German officials. Such violations of the in- dependence of bench and magistracy raised vehement protests from the royal procurator, the procurator-generals, and the chief magistrates of the country. Conflicts ensued which often ended in the arrest of magistrates, judges, or royal procurators, and their deportation to camps of civilian prisoners in Germany.

Hostilities between the German Government and the Belgian magistracy became peculiarly bitter in Feb. 1918, when, con- formably to Belgian law, the arrest was ordered of the Activists Bonn and Zack, promoters of the separatist movement in Flan- ders. The royal procurator of Brussels was at once ordered to set the prisoners free. Upon his refusal the German authorities employed force to liberate their proteges. At the same time the head of the German civil administration informed the Brussels Court of Appeal that its judicial activities must cease. As a pro- test the Cour de Cassation at once suspended its sessions and the entire judicial system of Belgium followed suit. Instantly the three presidents of the Brussels Court of Appeal, Levy M,oulle, F.rnst and Carez, were arrested and deported to Germany with- out trial. This final crisis of the struggle between the govern- ment of occupation and the magistracy is but one episode of Germany's attack on Belgium's unity, and even existence.

Separation of Flanders and Wallonia. To disintegrate the Belgian nation was Germany's constant aim from the first days of the war, and the exploitation of the language differences of the country formed her chief means of pursuing it. Imagining that favour shown to the Flemish language would suffice to stimulate the separatist movement, the German Governrnent adopted an attitude distinctly hostile to the use of French. In the zones d'elape of Flanders the military authorities totally discontinued the use of French in their public notices. The Censure only passed Flemish posters and advertisements. Finally the German Government announced its intention to transform the university of Ghent, whose language had hitherto been French, into a Flem- ish university.

These methods proving devoid of effect, they were succeeded by others more forcible in character. In 1916 various edicts abolished the official use of French in Flanders. From Jan. i 1917 communications to the Government from that province and all official publications had to be exclusively in Flemish. In 1916 the Ministry of Science and Arts was divided into two distinct sections, one Flemish, the other Walloon, to prepare for the complete separation of public instruction in the two different linguistic regions.

It was on March 21 1917 that the German Government put into execution von Bissing's carefully elaborated scheme for the division of Belgium into two fragments, the edict running as follows: " Two administrative regions are hereby formed in Belgium, one of which comprises the provinces of Antwerp, Limburg, East Flanders and West Flanders, with the arrondis-

sements of Brussels and Louvain; the other the provinces of Hainault, Liege, Luxemburg, and Namur, with the arrondis- sement of Nivelles. The first region will be administered from Brussels, the second region from Namur."

A series of orders followed, organizing the separation. All ministries were duplicated, those for Wallonia being transferred to Namur. Language separation was complete. On Aug. 9 1917 Flemish was proclaimed the official language of Flanders, the use of French being forbidden to all bodies either administrative or charged with any public service. In Wallonia, on the other hand, Flemish and German remained authorized in communica- tions between administration and public.

Although the Belgian nation as a whole regarded German legis- lative activities as unworthy of notice, and yielded no submission to this new administrative organization of their country, designed as it was to compass her ruin, yet the invaders were supported in the matter by a handful of Belgians who had passed into their service, and who claimed to represent Flemish public opinion. It was from these persons, who called themselves the " Activist party, " that the Germans formed the " Raed van Vlaenderen," charged with organizing the new Flemish state, to be independent under German tutelage. That this council might have some semblance of legality there were to be elections in Flanders in Feb. and March 1918. As it was recognized that such elections, if honestly conducted, could only result in disaster for the German schemes, it was decided that the members of the Raed van Vlaen- deren should be chosen only by such electors an infinitesimal minority as should be convoked by name for the purpose. The elections were to be by acclamation, held within closed doors, and under guard of German armed forces. Electoral meetings took place in Antwerp, Mechlin, and Tirlemont; they turned into patriotic demonstrations, and instantly the German Govern- ment forbade the continuance of the elections. On Feb. ir 1918 there was a huge demonstration in Brussels against separation. Delegates from over 1,000 associations political, social, in- dustrial, intellectual, and economic met in the Grande Place with the object of presenting a solemn protest to the Communal Council. German troops dispersed the demonstrators. In all the towns of Belgium there were protests from the public bodies and great associations. In face of such an explosion of public feeling the German Government dared not confer on the Raed van Vlaenderen the legislative powers it had intended to give that body. A commission composed of the chief German civil authorities in Belgium and of exalted members of the German juridical world met at Brussels to study the subject of the forma- tion of the Flemish and Walloon states. After months of work this commission decided that, as Belgian public opinion was utterly hostile to the separation, there could be no question of creating two independent states; but that, on the contrary, the new states must during a long transition period be placed under the authority of German governors, with the assistance in Flanders of the Raed van Vlaenderen as consultative council.

The Raed van Vlaenderen therefore, figuring as an emanation from the Flemish people, found itself empowered to choose from among its members u plenipotentiaries to form a permanent council which should participate, as a consultative body, in the exercise of that legislative power conferred on the governor- general. This tool in the hands of Germany was perfected by the addition of a Ministry of Defence, charged with raising in Flanders an army of volunteers, which was to fight at the side of the German army against the Belgian army.

At this moment the Brussels Court of Appeal intervened, issuing orders to the public prosecutor to arrest and prosecute the principal members of the Raed van Vlaenderen, who were ac- cordingly immediately imprisoned by the Belgian police. This bold act had as consequence the arrest of the presidents of the Court of Appeal; and the conflict which ensued between the mag- istracy and the government of occupation resulted in the sus- pension of all sessions of justice throughout the country, despite the reprisals taken upon the chief magistrates. This solemn protest on the part of Belgian justice stimulated greatly the national movements of resistance.