FREE BOOKS

Author's List




PREV.   NEXT  
|<   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257  
258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   >>   >|  
almost wholly disapproving it, the Arnold Process was found at Friedrich's death (restoration of honors to old Furst and Company, one of the first acts of the New Reign, sure of immediate popularity); and, I think, pretty much continues so still, few or none in Berlin Society admitting Miller Arnold's claim to redress, much less defending that onslaught on Furst and the wigs. [Herr Preuss himself inclines that way, rather condemnatory of Friedrich; but his Account, as usual, is exact and authentic,--though distressingly confused, and scattered about into different corners (Preuss, iii. 381-413; then again, ibid. 520 &c.). On the other hand, there is one Segebusch, too, a learned Doctor, of Altona, who takes the King's side,--and really is rather stupid, argumentative merely, and unilluminative, if you read him: Segebusch, _Historischrechtliche Wurdigung der Einmischung Friedrich's des Grossen in die bekannte Rechtssache des Mullers Arnold, auch fur Nicht-Juristen_ (Altona, 1829).] Who, from the remote distance, would venture to contradict? Once more, my own poor impression was, which I keep silent except to friends, that Berlin Society was wrong; that Miller Arnold had of a truth lost portions of his dam-water, and was entitled to abatement; and that in such case, Friedrich's horror at the Furst-and-Company Phenomenon (horror aggravated by gout) had its highly respectable side withal. When, after Friedrich's death, on Von Gersdorf's urgent reclamations, the case was reopened, and allowed to be carried "into the Secret Tribunal, as the competent Court of Appeal in third instance," the said Tribunal found, That the law-maxim depended upon by the Lower Courts, as to "the absolute right of owners of private streams," did NOT apply in the present case; but that the Deed of 1566 did; and also that "the facts as to pretended damage [PRETENCE merely] from loss of water, were satisfactorily proved against Arnold:" Gersdorf, therefore, may have his Pond; and Arnold must refund the money paid to him for "damages" by the condemned Judges; and also the purchase-money of his Mill, if he means to keep the latter. All which moneys, however, his Majesty Friedrich Wilhelm II., Friedrich's Successor, to have done with the matter, handsomely paid out of his own pocket: the handsome way of ending it. In his last journey to West-Preussen, June, 1784, Friedrich said to the new Regierungs-President (Chief Judge) there: "I am Head Commiss
PREV.   NEXT  
|<   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   257  
258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   >>   >|  



Top keywords:

Friedrich

 
Arnold
 

Segebusch

 
Preuss
 
Gersdorf
 

horror

 

Tribunal

 

Altona

 
Miller
 
Berlin

Society
 

Company

 

instance

 

competent

 

Appeal

 

Regierungs

 

owners

 

private

 
absolute
 
depended

President

 

Courts

 

highly

 

respectable

 

withal

 

Commiss

 
Phenomenon
 
aggravated
 

allowed

 
streams

carried

 
Secret
 

reopened

 
reclamations
 
urgent
 

Preussen

 
Judges
 

condemned

 

handsomely

 
purchase

matter

 

damages

 

handsome

 

refund

 

pocket

 

Successor

 
Majesty
 

moneys

 

journey

 

Wilhelm