"It appearing that, if Jouslin de Lasalle thought it his
duty to submit, without opposition or protest on his
part, to the mere notice given him by the Government, in
its decision to stop the production of _Antony_ at the
Théâtre-Français on 28 April, the said submission of Jouslin
de Lasalle must be looked upon as an act of compliance
which was called forth by his own personal interests, and
on account of his position as a subsidised manager, since
he did not feel it his duty to enter a protest against the
ministerial prohibition; that we cannot recognise here
any case of _force majeure_; that this act of compliance
was not sufficient warranty for prejudicing the rights of
Alexandre Dumas; that his contract with Jouslin de Lasalle
ought therefore to have been fulfilled or cancelled with the
consequent indemnity:
"It further appearing that it is for the tribunal to settle
the sum to which Alexandre Dumas is entitled as damages
for the wrong that has been done him up to this present
date by the non-performance by Jouslin de Lasalle of the
contract made between them, the amount is fixed at 10,000
francs; therefore in giving judgment on the first count the
Court directs Jouslin de Lasalle to pay to Alexandre Dumas
the said sum of 10,000 francs in full satisfaction of all
damages:
"Further, deciding upon the additional claim of Alexandre
Dumas: It appearing that it was not in the latter's power
to be able to oppose the prohibition relative to the
production of the play of _Antony_, but was the business of
the subsidised manager to do so, since he had engaged the
plaintiff at his own risk and peril:
"The Court orders that, during the next fortnight Jouslin de
Lasalle shall use his power with the authority responsible,
to get the Government to remove the prohibition; otherwise,
and failing to do this during the said period, after that
time, until the prohibition is removed, it is decided, and
without any further judgment being necessary, that Jouslin
de Lasalle shall pay Alexandre Dumas the sum of 50 francs
for each day of the delay; it further orders Jouslin de
Lasalle to pay the costs:
"In the matter of the claim of indemnity between Jouslin
de Lasalle and the Home Minister: As it is a question of
deciding upon an administrative act, this Court has no
jurisdiction to deal with the matter, and dismisses the
cases, and as the parties interested, who ought to have
known this, have brought it before the Court, condemns M.
Jouslin de Lasalle to pay the costs of this claim ..."
We do not think it necessary to make any commentary on this decision of
the Court.
CHAPTER X
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