ijtii i H:ii'iKil'!l- vii 1^' J^'-!p!:iMi-; lilt ilob e r t G.B rooks SWITZERLAND "I'if^llW^^ ([(atnell Unitteraitg Cibtart) BOUGHT WITH THE INCOME OF THE FISKE ENDOWMENT FUND THE BEQUEST OF WILLARD FISKE I LIBRARIAN OF THE UNIVERSITY 1868-1883 1905 JN8783 .bSt" """""'^ "*^ Government and politics of Switzerland / olln 3 1924 030 534 659 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030534659 Government and Politics of Switzerland Government Handbooks is a new series of college textbooks in government' prepared under the joint editorship of David Prescott Barrows, Ph.D., Professor of Political Sci- ence (on leave) and formerly Dean of the Faculties in the University of California, now Colonel in the United States Army, and Thomas Harrison Reed, A.B., LL.B., Associate Professor of Government in the University of California and City Manager of San Jose, California. The series will, provide a handbook for each of the European countries, and one on the Government of American De- pendencies, treating of the political and administrative organization. Each volume will have such maps and illustrations as are needed, and will contain an annotated bibliography. The authors of the different volumes are men who combine a thorough knowledge of the subject and a personal ac- quaintance with the country and system described. The volumes now published are: Evolution of the Dominion OF Canada, by Edward Porritt, author' of "The English- man at Home," " The Unreformed House of Commons," and " Sixty Years of Protection in Canada "; Govern- ment AND Politics of Switzerland, by Robert C. Brooks, Professor of Political Science, Swarthmore College; and Government and Politics of the German Empire, "by Fritz-Konrad Kruger, Ph.D., formerly of the Department of Political Science, University of CaliforniaJ Some of the other volumes in preparation are: Government of American Dependencies, by Dr. David Prescott Bar- rows; Government of France, by Edward M. Salt, Ph.D., Assistant Professor of Political Science, Columbia University; and volumes on the governments of Great Britain, Japan, Spain, Argentina, Chile, and Brazil. The publishers cordially invite correspondence with regard to the Series. TELL MEMORIAL, ALTDORF Edited by David P. Barrows and Thomas H. Reed (Botittnment !^anbi)oolt0 Government and Politics of Switzerland BY ROBERT C. BROOKS JOSEPH. WHARTON PROFESSOR OF POLITICAL SCIENCE, SWARTHMORE COLLEGE 81 YONKERS-ON-HUDSON : : : NEW YORK WORLD BOOK COMPANY 1918 "This house is a visible emblem of the friendship between Switzerland and the United States, a friendship that rests upon common principles of life, common ideals, and common aspirations." Inscription written b; PRESIDENT WOODROW WILSON for the Rest House at Diibendoif erected by Americans resident In Switzerland to shelter Swiss soldiers standing guard at the frontier. /^.5i|503t COPYEIGHT, I918, BY WORLD BOOK COMPANY COPYRIGHT HSr GREAT BRITAIN • ALL RIGHTS RESERVED GH: BGPS-i EDITORS' INTRODUCTION THERE are several reasons which make a new book on the Swiss federal republic ex- tremely timely in this year of the greatest crisis of the great war. Placed in the geographical center of an unpredecented conflict, Switzerland has to date maintained an irreproachable neutrality. During four years which have made waste paper of the legal and diplomatic formalities of a century, Switzerland still holds to the validity of every treaty and con- vention to which she is an adherent. Almost alone of the civilized countries she continues to practice those principles of consideration and humanity whose advocacy has lifted her historic town of Geneva into a position of light and leading for the whole world. Nor can any one claim that the smallness of Switzer- land's numbers or resources has made her a victim of aggression or intimidation. Whether her integrity be due to the prudence and con- sideration of her battling neighbors, or to the spirit and martial discipline of herjnvn people, the fact stands. Her example may help to the solution of some of the most difficult of the issues of the war. It has been authoritatively stated that this war is [v] EDITORS' INTRODUCTION for the establishment of the rights of small nations — the right of peoples to "self-deter- mination." But what are the small nations whose rights are thus to he established? Are such nations to he defined in terms of German national philosophy, which emphasizes homo- geneity in Mood and language as alone con- ferring the right both to add to and to take away, to aggrandize and to dismember? Poles and Serbs have long contended for this right. Shall equal consideration be accorded to Livonians, to Ukrainians, to Irish, and to Finns? Has every local community conscious of its particularism the right to separate itself from empire or federation? Will the moral justification of the Civil War in America be impaired by the triumph of the cause for which America is now fighting? Switzerland, with her population composed of three of the main European folks, her people speaking four languages and professing two forms of Christian faith, yet holds tightly to her national solidarity. Her example may help us to a wise analysis of the problem. Furthermore, Switzerland is of ever present interest by reason of her democracy. To war to make the world safe for democracy is a noble con- ception, but it demands analysis. How is democracy to be conceived, and what form of democracy is America championing? It can scarcely be denied that the faith of the Bolsheviki [vi] EDITORS' INTRODUCTION is democracy — perhaps the most thorough- going democracy that the world has ever seen attempted on a large scale. So are the radical reforms of the Carranzistas of Mexico. Are we fighting to make safe their place in the world? Switzerland, whose conservative democ- racy by contrast seems to place it in a different category of political experiment, should help us to clear thinking on this greatest of themes. There is still a further reason why Swiss government must possess unusual interest to Americans, and that is the fact of our extensive imitation of its inventions. Our period of political creativeness gave to the world an astonishing series of new institutions, — federalism, written constitutions, the Senate, a Supreme Court, a guaranteed field of civil liberty, presidential government, and universal manhood suffrage. These among other triumphs belong to the first years of our national history. For a hundred years now we have been borrowers, not origi- nators, in government. The original system has remained in theory unaltered. Where corrective devices were necessary, we have in the main lifted them from the statute hooks of foreign countries, — our civil-service reform laws from Great Britain, our ballot system from Australia, proportional representation from Belgium, and from Switzerland the initiative and referendum. Switzerland is a laboratory of adventurous experiment in govern- [vii] EDITORS' INTRODUCTION ment, and her successes contribute to the instruction of all republican peoples. Professor Brooks has written this useful and welcome addition to the Government Handbook Series under the disadvantages of war-time conditions, but also under the stimulus of an active participation in the problems of the war and of democracy, and with the invaluable advantages of intimate assistance jrom Swiss statesmen facing the problems of their country amidst the great testing which government, the world over, undergoes as war continues. The Editors [viii] AUTHOR'S PREFACE THE aim of this volume is to describe the organization and functioning of the govern- ment and political parties of Switzerland. His- torical origins and development are discussed, it is true, but only in a summary way. In the main the author has directed attention to modern instances and recent illustrations, endeavoring thus to present his subject as it really is; namely, a small but very successful "going ' concern" in the line of democratic government. Although designed primarily as a textbook, it is hoped that the volume may have an appeal outside academic circles, — among writers, edi- tors, statesmen, men of affairs, and others who are interested in civic problems and their solution along popular and progressive lines. The author freely confesses that "a man's other country" in his case has always meant Switzerland, chiefly because of its thoroughgoing and efficient appli- cation of the principles of democracy. Fre- quently in the last 130 years American political experience has quickened Swiss political life, and quite as frequently Swiss political experi- menting has quickened American political de- velopment. No doubt this reciprocal influence will continue throughout ages yet to come, to [ix] AUTHOR'S PREFACE the betterment both of the little republic of the Alps and her mighty sister overseas. If this vol- ume contributes ever so slightly to that process of mutual democratic fertilization, it will have at- tained its higher purpose. To the editors of this series of Government Handbooks — Major D. P. Barrows, now sta- tioned at Manila, P. I., and City Manager T. H. Reed of San Jose, California, both of whom were formerly professors in the Department of Political Science at the University of Cali- fornia — the author wishes to extend his grateful acknowledgment for constant helpful assistance and much sound criticism. One of the most delightful experiences in connection with the preparation of this book has been the widening which it brought about in the writer's circle of Swiss friends. Every citizen or former citizen of Switzerland to whom appeal was made for information responded with a generosity as warm as their love for the little country that gave them birth. Among these many kindly collaborators the author feels especially indebted to Professor William E. Rappard of the University of Geneva, whose extensive writings and recent public service as a member of the Swiss Commission to this country form a very substantial bond of under- standing and amity between Switzerland and the United States. To his wise counsel much that is of value in the chapters on Swiss political AUTHOR'S PREFACE parties and foreign relations must be attributed. Thanks are also due to Professor Fritz Fleiner of the University of Ziirich for assistance in preparing the critical bibliography which com- pletes the volume. At the Swiss Embassy in Washington, His Excellency, Dr. Hans Sulzer, Envoy Extraordinary and Minister Plenipoten- tiary, and Dr. Charles P. Hubscher, Secretary of Legation, proved themselves ever ready sources of accurate information. Mr. F. Dossen- bach, General Manager of the Official Agency of the Swiss Federal Railroads in New York City, kindly read the manuscript of the chapter on "Communication and Transportation: Na- tional Ownership and Operation of Railways," supplying much additional material thereon. To his generosity also are due the most of the illustrations used in the volume. Finally, the author's indebtedness is particu- larly great to two Swiss friends and neighbors, the Reverend Carl Vuilleumier, Swiss Consul at Philadelphia, and Professor Emil Schoch, for- merly of the Swarthmore Preparatory School, now of the Blake School, Minneapolis. Upon the wide knowledge of these gentlemen he drew constantly and never in vain during the three years that the book has been under preparation. Robert C. Brooks Swarthmore, Pennsylvania [xi] CONTENTS CHAPTER PAGE I. Physical Basis of the Swiss Federation: Land, People, Industrial and Social Conditions i II. Development of the Swiss Federation ... i6 III. The Swiss Federal Constitution ... 48 IV. The Federal Legislature 72 V. Federal Government by Commission; The Swiss Executive 103 VI. Federal Legislation: Initiative and Refer- endum 134 VII. The Federal Judicial System 165 VIII. Swiss Federal Finance 179 IX. Communication and Transportation: Na- tional Ownership and Operation of Railways 204 X. Swiss Social Legislation and Administration 234 XI. The Swiss Army System 250 XII. International Relations 269 XIII. Swiss Parties and Party Organization . . 288 XrV. The Cantons: Organization 312 XV. The Cantons: Functions 331 XVI. Proportional Representation in Swiss Can- tons . . . . 349 \/XVII. Landsgemeinde Cantons: Pure Democracy in State Government 365 Critical Bibliography 386 Index 417 [xiii] LIST OF ILLUSTRATIONS Tell Memorial, Altdorf Frontispiece The Federal Capitol at Bern Facing page icxs Panorama of Bern 104 Federal Court Building at Lausanne 168 Viaduct, Bernina Railroad 208 Railroad Station, Luzern 220 Infantry Exercises of Swiss Cadets 252 Swiss Mountain Infantry at Rifle Practice 258 Swiss Ski Patrol, Matterhorn District 264 Landsgemeinde at Glarus 370 Cxv] Government and Politics of Switzerland CHAPTER I physical basis of the swiss federation: land, people, industrial and social con- DITIONS SWITZERLAND lies in the mountainous Locauon heart of southwestern Europe. Germany is her neighbor to the north, Austria and the diminutive principality of Liechtenstein to the east, Italy to the south, and France to the west. Besides Serbia, Switzerland is the only considerable European state without direct ac- cess to salt water. From the ports on the North Sea or the EngHsh Channel her industrial cities are distant 350 miles. The Mediterranean and the Adriatic are much nearer, but the nature of the intervening country is such that it offers great difficulties to transportation. In outline the boundaries of Switzerland -form Area a rough quadrilateral. From east to west the greatest length of the country is 226I miles; from north to south the greatest width is 137 miles. The area of Switzerland is 15,976 square miles. [i] GOVERNMENT OF SWITZERLAND Italy, the smallest of the four adjacent powers, is nearly seven times as large. France and Germany each have an area thirteen tinges, and Austria-Hungary an area fifteen times, that of the little Alpine republic. Compared with American states of familiar dimensions, Switzer- land is one third the size of New York and twice that of Massachusetts. The lowest point in Swiss territory is 646 feet above sea level. Her highest peaks tower to an altitude of 15,000 feet. Only 2 per cent of the area of the country is below 1000 feet in elevation, 58 per cent is between 1000 and 4000, and 34 per cent is over 4000 feet high. Lakes, glaciers, and perpetual snow fields cover over 6 per cent of the surface. Nearly a quarter of the territory is put down as unproductive by ordinary economic processes.^ Switzerland falls naturally into three great divisions: first, the region of the Alps, which with their ramifications cover the whole central, southern, and eastern sections of the country; second the Jura district, the lesser ranges of which are merely outlying spurs of the Alps; and third, the plateau or basin which lies be- tween these two mountainous divisions. I. The With their giant and tortuous convolutions *''* the Alps occupy nearly three fifths of the terri- tory of Switzerland. Narrow river valleys pierce ' According to the " Statistisches Jahrbuch der Schweiz," 1916, p. s, exactly 22.4 per cent of the soil is unproductive. [2] PHYSICAL BASIS OF THE FEDERATION deeply into the central mountain mass, the largest being those of the Rhine in the east and the Rhone in the west. Between these flow the Reuss, the Aar, and smaller streams, and in the south there are the Ticino and the Toce, the valleys of all of which converge like the ribs of a Titanic fan about the mighty massif of the Gotthard. Several of the most picturesque lakes in the world emerge from the northern foothills of the Alpine region, and others even more beautiful lie enfolded by the lower moun- tain slopes on the Italian side. The limestone chain of the Jura extends from n. jurm southeast to northwest along the French bound- ary of Switzerland. Its highest summit, Mont Tendre, reaches an altitude of only 55°° f'^et. Many of the rivers which traverse this section have pierced deep gorges for themselves. There are also a small number of high, wind-swept, and rather infertile valleys inclosed between the narrow parallel ranges. The Jura occupies some- what more than one tenth of the area of Swit- zerland. Lying between the Alps and the Jura, the ra. pu- plateau or basin region of Switzerland is by far the most favored, both agriculturally and indus- trially, of the three great divisions of the country. It extends in a belt fifteen to twenty miles wide from Lake Geneva to Lake Constance, and occu- pies nearly three tenths of the area of the coun- try. On the side of the Jura, where it is lowest, [3] teau region GOVERNMENT OF SWITZERLAND the plateau has an elevation of from iioo to 1500 feet. On its higher Alpine side it reaches an extreme elevation of 65 "Politics," VI, 4. [13] GOVERNMENT OF SWITZERLAND countries. Certainly the economic virtues of the two classes are largely the same, — intense appli- cation, shrewd practicality, trained intelligence, and the production to as great an extent as the opportunities permit of high-grade commodities. Peasant and artisan alike, therefore, are the solid, dependable sort of human material from which alone free governments may be built. Defying countless obstacles and surmounting frequent catastrophes, the Swiss have builded slowly and stanchly rather than rapidly and brilliantly. They take a singularly sensible view of their own work. For a long time they have been accustomed to smile politely to them- selves over the somewhat undiscriminating praise of their political achievements by enthusiastic foreign observers. Much of what the Swiss have accomplished may be regarded as they. regard it, — namely, as a matter of course, — but it is nevertheless true that usually they have displayed democratic simplicity, boldness combined with good sense, and a highly economic use of limited resources in the accomplishment of their political purposes. No doubt their task has been made easier by certain favoring conditions, such as the absence of metropolitan cities, of great masses of ignorant voters, and of enormous differences in the distribution of wealth. On the other hand, these favoring circumstances scarcely exist to such a degree as to place the Swiss republic in a class by itself, imitation of which by the United C14] PHYSICAL BASIS OF THE FEDERATION States or other democracies is out of the question. Some of the problems of government which Swit- zerland has solved represented as heavy a burden in proportion to her strength as any that America has attempted. It should be remembered also that in whatever we may undertake, our financial resources, both absolutely and relatively, far ex- ceed those of the little republic of the Alps. SELECTED BIBLIOGRAPHY Dawson, W. H. "Social Switzerland," Pt. I, Ch. Ill (The House Industries). Fox, F. "Switzerland," Ch. I (The Spirit of the Mountains), Ch. VII (The Swiss People Today). HowELLS, W. D. "A Little Swiss Sojourn." Lloyd, H. D. "A Sovereign People," Ch. I (A Laboratory of Democracy), Ch. XV (The Fruits of Democracy). Moses, B. "The Federal Government of Switzerland," Ch. I (Introductory). Story, A. T. "Swiss Life in Town and Country." Symonds, J. A. "Our Life in the Swiss Highlands." Webb, F. "Switzerland of the Swiss." [15] CHAPTER II DEVELOPMENT OF THE SWISS FEDERATION Pre- Ij^OR unnumbered centuries prior to the dawn JL of history the country that is now Switzer- Roman period land was occupied by a race the relics of which show that it passed through the typical evolution from the age of stone to the age of bronze and from the age of bronze to the age of iron. A large part of this primitive population lived in lake dwellings remarkable for their number and extent. At the time when Roman writers first mention Switzerland, it was inhabited by Keltic tribes, chief among which were the Rhaetians, who lived in the projecting eastern angle of the country, and the Helvetians, who occupied all the plateau or basin region and the adjacent mountain dis- tricts. The Helvetians raised cattle and carried on a rude sort of agriculture, but were almost constantly engaged in warfare among themselves and in raiding expeditions against their neighbors. Roman In 58 B.C. Caesar began the conquest of the occupation Helvetians. For four centuries thereafter Rome occupied the country, imposing its language, religion, and civilization upon the native tribes. Primitive forms of agriculture soon gave way [16] DEVELOPMENT OF THE FEDERATION before the better methods taught by the con- querors. Swiss mountain passes and valleys were opened up by well-made roads of the sort which everjrwhere followed the triumphant flight of the Roman eagles. Along these highways trade flowed freely, under the protection of the pax Romana. Toward the close of the imperial occupation Christianity spread rapidly. But, on the other hand, during this period Roman soldiery domineered over the native peoples, Roman vices sapped their vitality, and the crafty Roman policy of divide et impera reduced them to political impotence. With the breakdown of the Empire under bar- Bar- barian inroads the influence of Rome in Switzer- f""*^ land was quickly obliterated, and little remained to show it save the ruins of her highways and engineering works. As early as 260 a.d. the first wave of the Allemannians, a German race, reached northeastern Switzerland. Successive waves of this conquering people followed, until by the middle of the fifth century they had spread as far west as Geneva. Also from Savoy, where land had previously been allotted them by the Romans, the Burgundians pushed into Switzer- land, occupying Valais, Freiburg, and other west- ern districts. From these two basic stocks the Swiss people and civilization of today are largely derived. However, it was in exclusively Teutonic territories that the political evolution of modern Switzerland originated and received much of its [17] GOVERNMENT OF SWITZERLAND distinctive form. Not till a comparatively recent date do the French-speaking descendants of the Burgundians begin to cooperate in this process. The AUemannians were pagan worshipers of Odin, who seized goods and lands alike and re- duced their captives to slavery. In accordance with Teutonic customs the territory conquered by these tribes, under the leadership of various chieftains and kings, was divided into counties, each of which was placed under the rulership of a count, chosen by the people from among the nobles. When war broke out all the fighting men united under a duke or leader of their own choosing. From time to time popular assemblies of freemen were held to decide upon common action, to render judicial decisions, and for re- ligious and other purposes. In spite of these democratic elements there were sharp distinc- tions among the AUemannians between the "free" and the "unfree." Indeed, the feudalism which was to spread over Switzerland later had its roots in the sharp social cleavages established by the barbarian conquests. Fiankish As a result of the Frankish conquest in the conquest gixth centuty Switzerland passed under the con- trol of the Merovingian dynasty (536-752 a.d.), and later of the Carolingian dynasty (752-843 A.D.). With the exception of the reigns of a few enlightened monarchs, these were centuries of disorder, war, and misery. One bright spot was due to the coming, early in the seventh century, [18] DEVELOPMENT OF THE FEDERATION of a party of Irish monks, whose fiery preaching spread the gospel over the entire country and led to the foundation of many churches, shrines, and monasteries. Under the Merovingians the system of government was further centralized. Feudalism was thoroughly established; cruelty and oppression were widespread. Even the mon- asteries became landlords on a great scale, al- though as a rule their tenants were treated more humanely than those of the lay nobles. Early in the ninth century Switzerland became a part of the German Empire. As such it took its full share of the fighting and much more than its full share of the suffering caused by the long- drawn-out duel between the imperial and papal powers. Not till the end of the thirteenth cen- tury does the country begin to have an in- dependent history. It had been biit a minor pawn in the game of conquest waged first by the Romans, then by Allemannians and Franks; it was nothing more in the hands of the Holy Roman Emperors. In the great struggle against feudalism which peasant was to be fought out later over the whole of Europe, walled cities everywhere became cen- and ters of the democratic movement. Fortunately ^^'^ Switzerland had such centers from an early date. Owing to the pouring in of marauders from the east, the building of strong walls around all towns of a certain size was ordered in the tenth century (917 a.d.). In return for the burden C19] com- munes GOVERNMENT OF SWITZERLAND thus imposed and to encourage immigration from rural districts, certain privileges were conferred upon the Burger, or citizens living within such fortified places {Bur gen). But Swit- zerland possessed other possible centers of resist- ance to feudal oppression. These were the high and remote valleys of the country, protected, not by man-made walls, but by frowning moun- tain ramparts. Communities dwelling within such valleys could resist assaults as well as could the fortified cities of the plain. If beaten they could flee pursuit, a thing which the Burger could not do. Finally, they had the advantage of offering far less to the cupidity of conquerors than did the wealthy lowland centers of trade and industry. Switzerland owes its liberty to a union of peasant communes and walled cities. It was by the former, however, that the first great historic step was taken toward independence. The three Uri, Schwyz, and Unterwalden were three such mountain communities, clustering about the densely wooded shores of Lake Luzern. Although resembling each other closely in their physical surroundings, these forest states, as they came to be called, differed greatly in their political status. In 1231 Uri had obtained a charter declaring its immediate dependence upon imperial authority, and consequently it enjoyed immunity from all lesser overlords. In Schwyz freemen preponderated, but neighboring magnates retained certain, or rather very uncertain, feudal [20] forest states DEVELOPMENT OF THE FEDERATION privileges. A charter placing the free community of Schwyz in immediate dependence upon the Emperor had been granted in 1240, but after a few years the Habsburgs ignored it in practice. Politically Unterwalden was inferior to the other two. It had a smaller number of freemen, and its soil was controlled to a greater extent by lords, both lay and ecclesiastical. In 1273 Rudolph of Habsburg was elevated to the imperial throne. Scion of a family of robber barons which established itself in Aargau as early as the tenth century, this feudal soldier of fortune had acquired great holdings in that canton and elsewhere in Switzerland. With imperial power and feudal overlordship now united in the hands of one and the same man, the people of these districts were naturally alarmed over their special rights and privileges. Toward his Swiss possessions generally Rudolph behaved magnanimously, showing particular favor to the cities. As far as the forest cantons were concerned, however, while admitting the imperial privileges of Uri he evaded without denying the claims of Schwyz. Meanwhile Rudolph pur- chased certain estates surrounding the three cantons, which led to the suspicion on their part that he meant to cut them off from the lake, their natural channel of communication with the outside world. Whatever the three cantons had to hope or fear from Rudolph, they harbored no illusions [21] CX)VERNMENT OF SWITZERLAND The "Per- regarding the attitude of the cruel and ambitious Le^e" Albert, his only son. Rudolph's death, there- of 1291 fore, became the signal for prompt action. A fortnight later, on August i, 1291, the men of Uri, Schwyz, and the lower valley of Unter- walden, "in view of the evil of the time," entered into a "Perpetual League" that they might "better defend themselves and their own." 1 Each of the three peoples bound itself by oath "to hasten to the aid of the other ... in order to resist attacks of evildoers, and to avenge injuries." Further they agreed that they would "in no wise receive or accept any judge who has obtained his office for a price, . . . nor one who is not a native or resident with us." Other clauses deal with several kinds of domestic crime, — murder, arson, robbery, contempt of court, concealment of fugitives from justice, and the like, — truly a list that throws a flood of light upon the disorder of that period. Primarily the "Perpetual League" of 1291 was a defensive alliance. The confederates were seeking, not new rights, but the preservation of ancient liberties threatened, as they feared, by the forces of reaction. In the pursuit of this ' The venerable document containing this agreement is still preserved in the archives of Schwyz. Latin is the lan- guage used. Photographic reproductions may be found in Oechsli, "Les Origines de la Confederation Suisse," Bern, 1901; and in Hilty, "Les Constitutions federales de la Suisse," Neuchatel, 1891. An English translation is presented in Vincent's "Government in Switzerland," pp. 285-288. [22] DEVELOPMENT OF THE FEDERATION purpose they were careful to affirm their intent to act "in such a manner that every man, accord- ing to his rank, shall continue to yield proper obedience to his overlord," — that is, they expressly recognized such feudal obligations resting upon themselves as had a legal basis. Nor did the treaty into which they entered provide for a permanent organ to secure its enforcement. Arbitration when needed was the nearest approach to anything of the sort. In case of dissension "prudent men of the con- federation shall come together to settle the dispute ... as shall seem right to them, and the party which rejects the judgment shall be an enemy to the other confederates." Cautious and informal as were the terms of this league, often as its overthrow was menaced both from without and from within, it neverthe- less remains the starting point of all subsequent political development in Switzerland. From a constitutional point of view the history of the country since 1291 may be divided into the following periods: I. The Old Confederation (1291-1798). II. The Helvetic Republic (1798-1803). III. The Act of Mediation (1803-1815). IV. The Pact of 1815 (1815-1848). V. The Period of the Federal Constitution (1848 to the present time). C23] GOVERNMENT OF SWITZERLAND I. The Old Confederation (1291-1798) In the struggle for the succession which fol- lowed Rudolph's death, the new league threw in its fortunes With Adolph of Nassau. Although allied temporarily with Zurich in this cause, the confederates were unsuccessful at first, and in 1292 were compelled by Austrian forces under Albert of Habsburg to sue for peace. Six years later Albert defeated his rival and was at last in a position to punish thoroughly his rebellious Swiss peasants. The exploits of Wilhelm Tell and other mythical heroes of the struggle against Austrian tyranny are assigned to the period immediately following. There is no reliable evidence in support of the Tell story, but as symbolic of Swiss love of liberty it has a signifi- cance as deep as that of historic fact. After the assassination of Albert, in 1308, the Habsburg family lost possession of the throne temporarily. Henry VH, Count of Luxemburg, who succeeded Albert, granted a charter to Unterwalden and confirmed the earlier charters of Uri and Schwyz. But at the death of Henry, after a reign of only five years, civil war again broke out in the Empire, and once more the confederates aligned themselves against the Habsburgs. To punish them Duke Leopold, with an army of 15,000 men, officered by the flower of Austrian chivalry, marched upon [24] DEVELOPMENT OF THE FEDERATION Schwyz. At the pass of Morgarten 1300 Swiss Mor- peasants stopped the advance of the invaders f^,"" by hurUng trees and heavy bowlders down upon them from the overhanging crags, and then charging with halberts, scythes, and iron-studded clubs, drove the Austrians into the neighboring lake. It was a ghastly medieval butchery, but it demonstrated the cohesive power of the fed- erated cantons and the fighting qualities of simple peasants even when pitted against the proudest nobility of Europe. Returning to their homes, the victorious peoples of the three forest states renewed the Perpetual League of 129 1 in a somewhat strength- ened form (13 1 5). Fortune deserted the Habs- burgs at this time, and for more than a century no member of that house reached the imperial throne. Except for brief intervals, wars were continuous during this period. At Sempach, sempach where the heroic Arnold Winkelried fell, the Swiss repeated the lesson they had first taught the Austrians at Morgarten (1386). Two years later the peasants of Glarus were again victorious at Nafels over the same enemy. Peace with Austria lasted for seventy-five years thereafter, a blessed relief for the suffering and impoverished people of the League. Meantime the League received several acces- sions. After many bloody struggles Luzern also had shaken off the Austrian yoke, and in 1332 it entered into an offensive and defensive alliance [25] GOVERNMENT OF SWITZERLAND with the confeder'ates. The accession of this city, with its strategic and commercial position at' the foot of the lake, greatly strengthened the League. In 135 1 the walled city of Ziirich became one of the allies. Because of its wealth and power it was immediately hailed as capital of the League. Zug, a small town, and Glarus, a rural community, joined in 1352. To the west the city of Bern had been building up a powerful state and gathering allies for her own wars with Austria. Her accession in 1353 brought the membership of the League up to eight, a number that remained unchanged for more than a century and a quarter. The The completion of the League of Eight brought League of j^j^ j^ j^^j qjjJ ^ great extension of power and Eight, . , , ^ ■ 1 J 1 13B3 territory but also some internal development. It became the custom for diets composed of representatives from the allied states to meet from time to time, usually at Zurich, Luzern,'or Bern. Still there was very little uniformity with regard to intercantonal obligations. "While each of the five new 'members was allied with the original nucleus — the three forest districts — these five were not directly allied to one another: Luzern was allied with Ziirich and Zug; Zurich with Luzern, Zug, and Glarus; Glarus with Zurich; Zug with Luzern and Ziirich; Bern with no one except the three original members." ' 1 W. A. B. Coolidge, article "Switzerland," Encyclo- paedia Britannica, nth Edition. [26] DEVELOPMENT OF THE FEDERATION Nevertheless, political unity was slowly evolving amid this tangle of alliances.' Two important agreements reached during Pfaffen- the latter half of the fourteenth century also *J^*^' indicate a growing spirit of independence toward the outer world and of cooperation within the League. The first of these was the ^iests' Letter, which was adopted in 1370 by all tfie cantons except Bern and Glarus. It derives its name from the s trong positions taken with regard to the abuse of clerical jurisdiction. Ecclesiastics of foreign citizenship dwellmg^ithin Swiss territory were forbidden by the Priests' Letter to summon a citizen of the confederation before any foreign court, lay or clerical. If they wished to push cases of this character they were to be obliged to take them into the local courts, except in matters falling within the jurisdiction of the bishop. Laymen were also forbidden to begin suits against Swiss citizens in foreign courts. All persons living in Swiss territory who were bound by oath of vassalage to the dukes of> Austria were required to swear allegiance to the confederation, and this latter oath was to take precedence over all others, past or future. Private feuds and all armed expedi- ' Evidence of this fact is afforded by the use, beginning about the middle of the fourteenth century, of the name "Switzerland" (derived from "Schwyz") for the confeder- ation as a whole. Earlier writers had employed the term "les Ligues de la Haute Allemagne"; that is, the Leagues of Upper Germany. [27] GOVERNMENT OF SWITZERLAND tions not sanctioned by the authorities were prohibited. Finally, the confederates agreed to protect at any cost all the roads in their terri- tory, so that wayfarers, whether peasants or city dwellers, foreigners or natives, might travel in complete security of goods and person. Covenant The Covenant of Sempach (1393) was the g second major agreement entered into by the 1393 Swiss during the fourteenth century. In part it was suggested by certain unfortunate experiences at the battle of Sempach, which occurred seven years earlier; hence the name. As the first war ordinance of the League it became the basis of ^ILsubseerttent niilitary_ legislation by the old con- federation. Politically its importance is great because it received the direct approval of all the cantons, both rural and urban. Without interfer- ing in any way with cantonal autonomy of army organization and control, the Covenant of Sempach lays down certain important rules regarding the conduct of campaigns. No canton or part of a canton should be allowed to begin fighting arbitrarily. Wars should be entered upon only for just cause and not until after the constituted authorities, acting in conformity with their alliances, had decided formally and solemnly upon their prosecution. All those who as soldiers of the same city or rural state belonged under one banner should remain together in battle as long as danger threatened. Even the wounded were not allowed to leave the field until the fighting was [28] DEVELOPMENT OF THE FEDERATION over. Deserters were to be severely punished by the courts of their own cantons. No booty was to be taken while the fighting lasted. Afterwards each soldier should hand over whatever he had secured to his officers, who were to divide it equitably among those who had taken part in the battle. Side by side with these very practical rules on warfare and plunder, the Covenant of Sempach contained also some humane precepts that were far in advance of the time. Soldiers were not to sack or burn churches and convents unless they were occupied by enemies or enemy goods. No one should attack women unless by their outcries they gave warning to an enemy or engaged in the fighting themselves. During the fifteenth century the Swiss de- Era of veloped an astounding military and diplomatic p^^^ activity. Although but recently emancipated from foreign control, the cantons, separately or in partnership, and finally the Confederation itself, seized every opportunity to gain territory, whether by purchase, forfeiture, or wars of conquest. Nor did they rule their new subject territories with moderation or justice: the Swiss of this period, as Vincent shrewdly remarks, "were democrats at home but not abroad." ' A very different relation existed with a number of allied districts. Although not counting as full members of the League, some of the latter, as for example St. Gallen and Bienne, were 1 "Government in Switzerland," p. 23. C29] GOVERNMENT OF SWITZERLAND given seats and votes in the diet. Others, like Schaffhausen and Miihlhausen, were treated merely as allies without being given representa- tion in the council of the confederates. In this way Graubiinden, Valais, Geneva, and several free imperial cities of Germany, including even Strasburg at one time, were brought into coopera- tion with the League. Alliances were entered into also with the greater continental powers. The Swiss fought their last war with Austria in 141 5 and emerged from it with a number of conquered districts firmly in their possession. Only sixty years later they leagued themselves with this ancient enemy of theirs, and also with France and Germany, for the conquest of Burgundy. Sup- ported by the gold of Louis XL the Swiss did most of the fighting in the short but terrible campaigns which followed (1474-1477). Not even in their wars for freedom did they display greater bravery than at Grandson and Morat. After the defeat and death of Charles the Bold at Nancy several new (territories occupied by French-speaking populations were acquired in the west. Bern and Freiburg, but especially the former, were the chief gainers by these additions. From this time on the Swiss entered more and more largely into the sordid business of selling their fighting men to foreign powers. It is estimated that between 1474 and 1715 they received from France alone 2,675,ooo,ocxd C30] dis- sensions DEVELOPMENT OF THE FEDERATION livres ($477,500,000) for mercenaries, of whom 700,000 lost their Hves in the service of that country.^ An attempt by the Emperor Maximilian in 1499 to reassert German authority over Switzer- land resulted in a short but bloody war in which the confederates were again victorious. The influence of Germany, which had been growing less and less since the Burgundian war, now ceased entirely, although the independence of Switzerland from the Empire was not formally recognized until the Peace of Westphalia (1648). In spite of the brilliancy of her victories and internal the rapidity of her expansion, Switzerland never- theless entered upon a process of internal decay during the sixteenth century. The original success of the League, as was pointed out above, had been due to the cooperation of two distinct elements, — rural communities and cities. Proud because they had founded the League and fought the first battles for independence, the rural states could not help looking down somewhat upon the cities which had not joined the League until later. Devoted also to their ancient democracies, they hated and feared the rising tide of aristocracy in the cities; for as the urban centers grew richer and more populous, smaller and smaller groups gained control of their govern- ments. The forest states also complained with great bitterness that the cities always received » Baker, "Model Republic," p. 346. C31] GOVERNMENT OF SWITZERLAND the lion's share of the new territories gained by war. A savagely contested civil war lasting eight years (1442-1450 a.d.) sprang from these con- troversies. Later a quarrel over the spoils of the Burgundian war brought the League again to the point of dissolution. One diet failed to settle the difl&culty. Although the situation seemed hopeless, a second was called at Stanz to make a last effort for peace. The second diet was about to break up into angry factions when a remarkable revulsion of feeling occurred, Nicholas due to the moral influence of Nicholas von der Fffie **' Fliie, a greatly venerated hermit of the neighbor- hood. Historical investigation has shown that the hermit Nicholas, or Brother Klaus, as he is more popularly known, was as wise politically as he was saintly, so that the success of his mediation can scarcely be considered a miracle pure and simple. By the agreement finally reached on this occasion, known as the Conven- tion of Stanz, the old Perpetual League, the Priests' Letter, and the Covenant of Sempach were reaffirmed. All the separate alliances which the cantons had formed to further their own interests, against the Confederation itself if need be, were dissolved. Intervention by one canton in the affairs of another was forbidden except in cases of revolt threatening the interests of the League, when the Confederation itself was empowered to take the necessary steps. New C32] DEVELOPMENT OF THE FEDERATION and more detailed regulations regarding the division of booty and conquered territory were included in the agreement. By another agreement entered into the same League day, Freiburg and Solothurn were admitted to °* the League, the first accessions for more than leis a century and a quarter. They had long desired to become members, but had been kept out because of the opposition of the rural states to any increase in the urban element. In 1501 the northern cities of Basel and SchafiTiausen entered the League, greatly increasing its strength in that direction. With the admission of Appen- zell in 1513, the League reached a membership of thirteen, a number which remained unchanged to the end of the Old Confederation. ! Whatever may be our judgment as to its The ultimate results, the first effect of the Swiss l"!^* ■ • 1 • Refor- Reformation m the sixteenth century was to maoon intensify enormously the internal dissensions of the League. In 1531 civil war broke out between Protestant Ziirich and Bern on the one side and Catholic Uri, Schwyz, Unterwalden, and Zug on the other. Peace followed in the same year, but for a long time thereafter Catholics and Protestants held separate diets. Switzerland had become a house divided against itself, and the resultant decline in its strength continued through- out the seventeenth and eighteenth centuries. Within many of the cantons religious persecution and strife of the most vindictive character became C33] GOVERNMENT OF SWITZERLAND chronic. Appenzell, the inner districts of which were intensely Catholic while the outer were as intensely Protestant, split into two divisions, or Rhoden, in 1597. Thereafter each was allowed a half vote in the general diet. Fortunately for itself, the Confederation remained neutral throughout the Thirty Years' War. In 1712, however, a second devastating civil war, originat- ing in religious differences, broke out. The Old At the end of the eighteenth century the Old Co^ed- Confederation retained but a shadow of its earlier strength. It had never developed a permanent organ of government. General diets met from time to time, but they were formal and ineffectual affairs. As a rule Relegates were not allowed to go a step beyond their instructions, nor could a majority of the diet bind the minority. The central government of Switzerland at this time was even more impotent than that of the United States under the Articles of Confedera- tion. So far as foreign influence was not decisive, the real springs of political action were to be found in the separate cantons and in the special compacts — leagues within a league — which they formed among themselves. Within the thirteen cantons a remarkable diversity of government prevailed. Six of the older rural states were pure democracies ruled by sovereign assemblies of free citizens. These were Uri, Schwyz, Unterwalden, Zug, Glarus, and Appenzell. Of the urban states three C34] DEVELOPMENT OF THE FEDERATION — Zurich, Basel, and SchafFhausen — possessed popular representative governments. Even in these cities, hov^ever, suffrage was limited to guild members, and large classes of citizens were excluded from any real participation in political affairs. The remaining four urban states — Bern, Luzern, Freiburg, and Solothurn — were close oligarchies. Among these four the govern- ment of Bern enjoyed a great reputation for business capacity. At a period of general impoverishment in Switzerland the oligarchs of that city had succeeded in amassing a state property estimated by some writers to be worth nearly fifty million livres. Nevertheless, this system of government was unintelligent, oppres- sive, and honeycombed with various forms of corruption. The other Swiss states ruled by oligarchies shared these defects, but were far from being as capably managed as Bern. In all of them violent uprisings against the dominant family groups were of frequent occurrence. Even in cantons with more popular governments, party and religious strife ran high and disorders occasionally broke out. An additional cause of trouble existed in the rural territories which all the cities had acquired outside their walls. Peasants dwelling in these districts were virtually excluded from participation in the government and were heavily oppressed into the bargain. Some of the rural democracies treated their out- lying territories in the same high-handed manner. [35] GOVERNMENT OF SWITZERLAND II. The Helvetic Republic (1798-1803) Under such conditions it is not strange that the outbreak of the French Revolution was followed by numerous local uprisings in Switzer- land. Aided by these insurrectionary movements, the armies of the Directory swept through the country in 1798, bringing the Old Confederation to an end, after a history of five centuries. Ex- cept on the part of Bern there was no resistance worthy of the name. As they had already done in Belgium, the Rhineland, and other conquered territories, the new masters of Switzerland proceeded to make it over on the French model, giving it the name of the Helvetic Republic. Regardless of old cantonal lines, twenty-two departments were marked out. A national legis- lature was established consisting of a Senate and a Grand Council, each canton sending four representatives to the upper and eight to the lower house. Executive matters were intrusted to a directory of five members elected by the senators and councilors. Local legislatures were established in each of the twenty-two depart- ments, but prefects and subprefects were sent into them to look after the interests of the national government. Thus Switzerland, which had been the weakest of leagues with the largest possible measure of local autonomy and the greatest diversity of local institutions, was at one stroke converted into a highly uniform, centralized, bureaucratic state. C36] DEVELOPMENT OF THE FEDERATION Other changes wrought by the French swept away the accumulated mass of medieval rubbish. Subject territories were released from their op- pressive masters, and the old narrow oligarchies were overthrown. A unifornr citizenship and a common democratic suffrage were established. Educational, financial, and legal institutions were reformed. Torture was abolished. Free- dom of residence and of trade and liberty of belief and of the press were guaranteed. The new constitution even borrowed from American sources the idea of a constitutional referendum.^ Taken all together, however, these changes were too sudden and extensive to last. More- over, the French rulers' conception of themselves as the evangels of a new democratic gospel was too often belied by their deeds. Immediately upon their entrance into the country these "liberators" had confiscated the enormous state treasure of Bern. Subsequently they made con- stant and heavy requisitions upon the country for men and money. The Helvetic Republic was independent in appearance only: in reality it was ruled from Paris and in the interests of France. Hailed as friends and deliverers, the French Swiss soon came to be looked upon as enemies and '^^l' oppressors. Insurrection promptly broke out against against them in several districts and continued pfeach 1 Cf. C. Borgeaud, " fitablissement et revision des Con- stitutions en Amerique et en Europe," p. 23. [37] GOVERNMENT OF SWITZERLAND throughout the whole of the five-year period during which the new constitution was in exist- ence. Opposition was particularly strong in the old forest cantons, which were far too well satis- fied with their own kind of democracy to care for the latest French model of the Year III. In putting down these revolts the French soldiers were guilty of extreme severity. The massacre of men, women, and children at Stanz (1798) was not Sbon forgotten by the Swiss. To all these miseries was added the outbreak of war between France and Austria, as a result of which Switzerland became the battlefield of the con- tending armies. III. The Act of Mediation (1803-1815) Napoleon, then First Consul, sent Ney to pacify Switzerland, and as soon as this task was accomplished called a conference of Swiss repre- sentatives at Paris to form a new constitution. The plan which he presented to this body reveals a thorough and even sympathetic knowledge of local conditions and a statesmanlike grasp of the needs of the hour.' By the Act of Mediation which resulted from the conference at Paris, ' It has recently been pointed out by W. E. Rappard in his "Notre grande Republique Soeur," p. 32, that Napoleon was much impressed at this time by the federal ' constitution of the United States as suggesting a possible solution of the problem confronting him. [38] DEVELOPMENT OF THE FEDERATION nineteen Swiss cantons were recognized, each of Local which was given a government to deal with local ^'^1,^^ affairs. The six new cantons thus established recog- were St. Gallen, Graubiinden, Aargau, Thurgau, '^^ Ticino, and Vaud. To some of the nineteen states were given democratic, to others repre- sentative institutions, as one or the other accorded more closely with their former usage. Suffrage was limited by a property qualification. Regard- less of reactionary influence, the newly liberated subject territories were continued as sovereign entities. The ancient title of "confederation" was restored, and a diet provided for, to which the larger cantons sent two and the smaller cantons one representative apiece. Six of the principal states were recognized as "Cantons Directeurs." Diets were to be held in each of them in turn, and the chief official of the canton in which it was held became Landamman or president of Switzerland for the time being. Under the Act of Mediation Switzerland en- joyed unwonted peace and prosperity for eleven years. Nevertheless, it remained the political ward of the Man of Destiny during this period. By a treaty which the new confederation im- mediately concluded with France, the Swiss bound themselves to supply the French army with i6,cxDO men, a number which was reduced in 1 812 to 12,000. With the decline of Napoleon's power, however, the Act of Mediation was doomed. As the allies closed in upon the Em- [39] GOVERNMENT OF SWITZERLAND peror, Valais, Neuchatel, and Geneva were set free from French control and admitted to the confederation (1814). IV. The Pact of 1815 (1815-1848) Reaction With Napoleon finally out of the way, every ancient privilege in Switzerland sought clamor- ously for restitution. Even the Congress of Vienna was unwilling to grant all the demands of these reactionaries. Particularly important was its refusal to return the newly made states to their former condition as subject territories. With some few concessions to liberal opinion, the Swiss finally succeeded in working out for themselves a constitution known as the Pact of 1815. In the main, however, the new constitu- tion provided as far as possible for the restoration of the conditions prevailing under the Old Confederation. A diet was again set up in which each of the twenty-two cantons cast one vote. This placed Uri, with a population of 12,000, on exactly the same plane in federal affairs as Zurich with 200,000 or Bern with 300,000. The sessions both of the diet and of the cantonal legislatures were to be held behind closed doors. The ofiice of Landamman, or president of Switzerland, was abolished. Bern, Ziirich, and Luzern became I Vororte, or capitals, the principal executive officials of each taking turns in the direction of ' C40] DEVELOPMENT OF THE FEDERATION federal affairs for two years at a time. One important new power was conferred upon the diet; namely, that of sending national troops into any district threatened with disorder. But the most significant feature of the Pact of 1815 was its silence upon such important topics as religious liberty, political equality, the right of assembly, and freedom of the press, all of which were left to the cantons to deal with or neglect as they chose. In the cities which they had ruled formerly the old oligarchies returned to power. For fifteen years Switzerland remained peace- ful under the Pact of 181 5, but politically it was a peace of stagnation, not of progress. Unlike the Bourbons, however, the patricians of the cities had learned something during their exclu- sion from office, and now exercised their powers with moderation, at least so long as insurrection was not threatened. Some progress was made toward uniformity by the more advanced can- tons, which entered into "Concordats," or volun- tary agreements on such subjects as coinage, freedom of residence, and mixed marriages. Liberalism in Switzerland was not dead, how- victory ever, and the news of the July Revolution in France (1830) galvanized it into vigorous activity, ism Attack was first made upon the antiquated state constitutions, nine of which — those of Ticino, Thurgau, Zurich, Aargau, Solothurn, Luzern, St. Gallen, Freiburg, and Schaffhausen — were [41] of liberal- GOVERNMENT OF SWITZERLAND fundamentally revised the same year, all without a drop of bloodshed. Among the reforms intro- duced were political equality, abolition of property qualifications for the suffrage, direct election of legislators, publicity of legislative sessions, liberty of the press, right of petition, and legal security of personal and property rights. In 1831 the patricians of Bern, after a futile show of resistance, gave way to the new order. The situation in Basel, however, was complicated by a bitter feud between urban and rural elements which resulted in violence. It could be settled only by federal intervention and the division of the canton into two parts (1832), each of which was given one half vote in the diet. Religious To the tidal wave of democracy which began assen- sweeping over the country in 1830 the diet slons and i , • • /-v i i i j • separate Opposed no objection. On the other hand, it leagues refused to guarantee the reformed state con- stitutions. The radical cantons — Bern, Ziirichy Luzern, Aargau, Thurgau, St. Gallen, and Solo- thurn — thereupon formed a combination known as the League of Seven, for mutual protection. Although there were many bad precedents for such leagues within a league in the history of the Old Confederation, this action was clearly unconstitutional and certainly unwise. Feeling threatened in their turn, the conservative cantons naturally formed a league of their own, the League of Sarnen, which included the three forest cantons, and Urban Basel, Valais, and [42] DEVELOPMENT OF THE FEDERATION Neuchatel, all of which withdrew their repre- sentatives from the general diet. Meanwhile the need of a revision of the Pact of 1815 had made itself felt. There was a wide- spread demand for liberal reforms to bring it into harmony with the changed conditions in most of the states, and also for an increase of the powers of the federal government. A draft for a new constitution embodying these changes was presented in 1833, but a combination of those who thought it too radical with those who thought it too conservative brought about its rejection. Immediately thereafter the diet decreed the dissolution of the League of Sarnen, and- placed a sufficient number of troops in the field to make resistance impossible. But the diet failed to take the further step, demanded by every consideration of justice and fair play, of dissolving the League of Seven at the same time. Early in the forties the Swiss liberal movement developed new strength and radicalism. It soon collided with the Catholic element over such questions as the abolition of monasteries, the taxation of church property, and the exclusion of the Jesuits. Disorder and bloodshed occurred in Geneva and Aargau; in Valais and Ziirich they assumed serious proportions. In 1845 a "bewaffneter Sonderbund," or armed separate league, was formed by the seven Catholic cantons, — Luzern, Uri, Schwyz, Unterwalden, Zug, Frei- C43] bund war, 1847 GOVERNMENT OF SWITZERLAND burg, and Valais. Primarily their purpose was to push ultramontane policies as far as possible, and, if need be, to secure the intervention of the reactionary great powers of Europe in support of this end. They were also opposed to any further centralization of power in the hands of Sonder- the Confederation. On November 4, 1847, the diet finally decreed the dissolution of the Sonder- bund by military force. The Catholic party put 79,000 soldiers in the field as against 100,000 raised by the confederation. Largely owing to the attitude of Lord Palmerston, the British foreign secretary at this time, Austria, France, and Prussia were prevented from interfering on behalf of the Sonderbund until it was too late. In a brilliant but most humanely conducted campaign of only nineteen days' duration (November 10-29, i847)> General Dufour, commander in chief of the federal forces, com- pletely crushed the rebellion. V. Period of the Federal Constitution (1848 to the present time) Early in 1848 the diet appointed a commission of fourteen men to draft a new constitution. Caught In the revolutionary movements of that year, the reactionary great powers of Europe were in no position to interfere with the progress of this work. Leaders of political thought in Switzerland had long been close students of the C44] cation DEVELOPMENT OF THE FEDERATION American constitution, and it is not surprising, therefore, that they now a:ccepted in the main its solution of the problem of reconciling state sovereignty and federal power. "^ The influence of the Napoleonic Act of Mediation was also apparent in the new draft. Upon submission it was adopted by a vote of 15I cantons with a population of 1,897,887 to 6| cantons with a population of 292,371, and proclaimed September 12, 1848. Rapid progress toward unification was made umfl- by the new federal government. With a strong, continuous, central power in control, there was an immediate and marked decline of party and religious rancor. A federal post-office system was created without delay, followed later by the nationalization of the telegraphs. In 1850 a national coinage supplanted the diverse can- tonal currencies. Uniform weights and meas- ures also were established. A large share of the attention of the new government was given to improvements in roads and canals, and to reform of the schools and the military system of the country. In foreign affairs also a new spirit made itself manifest. Thus in regard to the Neuchatel question the federal government took an extremely bold attitude toward Prussia (1857), and was so manifestly supported in that attitude by the determination of the whole Swiss people to fight to the last ditch if need be, 1 Rappard, op. cit., p. 37. [45] GOVERNMENT OF SWITZERLAND that Frederick William IV finally relinquished all claims upon the canton. Social Between 1848 and 1870 many of the cantons progress provided by constitutional amendment for the democ- extension of social legislation and the intro- ""^ duction of a large measure of democratic control, — the latter chiefly by means of the referendum and initiative. As a result a demand arose for revision of the federal constitution to bring it into harmony with the new order of things in the sphere of state government. The vigor and success with which the federal government had met its first obligations also led to a strong movement in favor of a further centralization of power. In 1872, a revision designed to carry out these two ideas was defeated by a small majority. Two years later, however, a new draft along the same general lines was carried by a vote of 14! to 7I cantons, and by a popular vote of 340,199 to 198,013. The constitution of 1848, as thus revised in 1874, remains the basic law of Switzerland to the present day. [46] DEVELOPMENT OF THE FEDERATION SELECTED BIBLIOGRAPHY Adams, F. 0., and Cunningham, C. D. "The Swiss Con- federation," Ch. I (Historical Sketch). Baker, E. G. "The Model Republic: A History of the Rise and Progress of the Swiss People." Dandliker, K. "Short History of Switzerland." Lloyd, H. D. "A Sovereign People," Ch. II (Growth of Swiss Democracy). McCrackan, W. D. "The Rise of the Swiss Republic." Moses, B. "The Federal Government of Switzerland," Ch. II (Antecedents of the Swiss Federation). Oechsli, W. "The Achievement of Swiss Federal Unity," Ch. VIII (The Cambridge Modern History, Vol. XI). SowERBY, J. "The Forest Cantons." Stead, R., and Hug, A. "The Story of Switzerland." Vincent, J. M. "Government in Switzerland," Ch. I (Origins of the Commonwealth). [47] tlan CHAPTER III THE SWISS FEDERAL CONSTITUTION Extreme ' | ^HE present Swiss federal constitution as of s!rtss -^ adopted, in 1848, revised in 1874, and constitu- added to by subsequent amendments, is nearly half as long again as the constitution of the United States. To a slight degree only is its greater length due to the inclusion of matters not of true constitutional significance, although there are one or two glaring instances of this sort. The real reason for the extent of the Swiss con- stitution is the extreme detail to which it goes, first, in defining the powers of the federal govern- ment; and, second, in delimiting the competence, legislative and administrative, of the federation on the one hand and the cantons on the other. A typical illustration of the first of these diflFerences is afforded by the careful treatment, occupying two articles of ten clauses all together in the Swiss constitution, of the subjects of coinage, paper money, and banking. Only one of these topics is expressly mentioned — and that with the most extreme brevity — in the constitution of the United States. Such con- troversies, constitutional, political, and economic, as have raged about these subjects in our country C48] THE FEDERAL CONSTITUTION would be impossible in Switzerland. Americans are accustomed to make a great deal of the distinction between "express" and "implied" powers. Of the Swiss constitution it may be said that much of the power it confers is express, and correspondingly less implied than is the case with the constitution of the United States. As to the second point, American students are usually somewhat astonished to find in the Swiss constitution sections dealing with such subjects as fishing and hunting, qualifications for the practice of the liberal professions, illness and burial of paupers, epidemics and cattle diseases, suppression of gambling houses and regulation of lotteries. It will be noted, however, that the real significance of these sections lies not so much in the subject dealt with as in the i thoroughgoing, if not always successful, effort to I define sharply the spheres of state and federal! government. Everywhere is found evidence ofi detailed and patient compromise between the advocates of cantonal rights and those of federal power. Hence comes much of the prolixity of the Swiss constitution. Prolixity is tiresome, of course; but when it anticipates and prevents causes of internal friction and possibly of civil strife, it takes high rank among the political virtues. In one respect, however, the constitution of the United States is much more detailed than that of Switzerland. The authors of the latter vy^ere C49] GOVERNMENT OF SWITZERLAND not believers in the doctrines of Montesquieu, and accordingly they did not provide for the separation of powers with an elaborate system of checks and balances in the government which they created. This distinction comes out plainly in the principal subdivisions of the two docu- ments. In the American constitution the pre- amble is immediately followed by the three great articles devoted to the legislative, executive, and judicial powers respectively. The basis of the principal subdivisions of the Swiss con- stitution is quite different. A brief preamble is followed by a very lengthy chapter devoted to "General Provisions," dealing mostly with powers and rights and their distribution. The second chapter describes the federal authorities, each of which is taken up in a separate subdivi- sion. A third chapter presents the various methods of amending the constitution,^ and the document closes with a small number of tem- porary provisions. The The purposes set forth in the preamble of the preamble g^j^g constitution and in Article 2 of Chapter I, which properly belongs to it, are almost identical with those of the American document. In the ' The Swiss practice of distributing amendments as made throughout the body of the original document, dis- tinguishing them only by duplicate numbers from the articles to which they are logically subordinate, doubtless has its advantages. But it does not emphasize so clearly as our American practice the historic sequence of formal constitu- tional changes. [50] THE FEDERAL CONSTITUTION Swiss instrument an invocation addressed to Almighty God precedes the preamble. There is no reference to Deity in our federal constitution, unless one considers the phrase "in the year of our Lord," used in fixing the date, as such. With a couple of exceptions, however, all our state constitutions do contain an acknowledgment of divine power or supplication for divine guidance. Although certain words and phrases occurring Confed- in the preamble and body of the Swiss consti- *'**"" tution might be taken to mean that it established jedera- an alliance, league, or confederation, there is no *""" doubt that it actually establishes a federation. The former are organized by treaties, the latter by constitutions. "It was the opinion of the men of 1848, however, that they were creating a constitution, and today such is also the general legal conviction." ^ The central government which they set up is a complete entity, possess- ing legislative, executive, and judicial organs. Furthermore, this central government exercises certain of its powers directly over the people and territory of the country. Without entering upon the thorny theoretical questions as to the divisibility of sovereignty and its location in a federal system, it is clear also that the federal and the state governments of Switzerland each pos- sess and exercise as the highest authorities the powers belonging to their respective spheres. Of course further constitutional amendment may ' Burckhardt, " Kommentar," 2d ed., p. 15 et passim. [51] GOVERNMENT OF SWITZERLAND set new limits to the powers of the federation and of the states. There have been a number of such cases, notably in 1874, and several times since. In the aggregate they have effected a very large increase, both absolute and relative, of the federal power. As the constitution actually exists, however, it protects both the federation and the states in the exercise of their respective powers. Switzerland is therefore a federal gov- ernment, and thus is fundamentally similar to the German Empire and the United States. It is not a unitary state such as France and England, beneath the central governments of which there exist only subordinate, dependent local governments. The_twentyrtwo_cantons making up the Swiss federatiojTL are^.enumerate3~iri~^e constitution. Admission of new states7if~tHe"re weTe-tepritory out of which to carve them, would therefore require constitutional amendment. A more exact statement of the number of cantons than that quoted above from the constitution would be nineteen whole and six half cantons. The Half latter were formerly parts of whole cantons which cantons divided for various reasons: Upper and Lower Unterwalden in 11 50, because of the difficulties of communication between the two valleys which formed the principal habitable sections of its territory; Appenzell Interior and Exterior, which separated in 1597; 1 and Urban and Rural Basel, 1 See Chapter II. [52] THE FEDERAL CONSTITUTION which parted company in 1832.^ Each of the half cantons has a government of its own as complete as that of any of the whole cantons. It counts for only half as much as a whole can- ton, however, in a constitutional referendum, and sends but one representative to the upper house of the federal legislature, whereas each of the whole cantons sends two.^ "The cantons are sovereign, so far as their Can- sovereignty is not limited by the federal con- *'"^ . , , , . . guaran- stitution; and, as such, they exercise all the rights tees which are not delegated to the federal govern- *?* ment"' (Art. 3). Corresponding to the guaran- gations tee clause of the United States constitution,* but more explicit in its terms, the Swiss con- stitution provides that "the federation guarantees to the cantons their territory, their sovereignty, within the limits fixed by Article 3, their con- stitutions, the liberty and rights of the people, the constitutional rights of citizens, and the rights and powers which the people have con- ' See Chapter II. ' In only one particular, that of originating measures in either house of the federal legislature by correspondence (Art. 93, cl. 2), does a half canton count the same as a whole canton. This power, however, is seldom used. Cf. Raustein, "Die schweizerischen Halbkantone," p. 135; also Burck- hardt, "Kommentar," zd ed., p. 729. ^ Cf. ninth and tenth amendments to the constitution of the United States. In Article 71, the Swiss constitution reserves "the rights of the people'' as well as of the cantons. * Constitution of the United States, Art. IV, Sec. 4. C53] GOVERNMENT OF SWITZERLAND ferred on those in authority" (Art. 5). On the other hand, "the cantons are bound to ask of the federation the guarantee of their consti- tutions, which is to be accorded provided (a) that they contain nothing contrary to the pro- visions of the federal constitution; (b) that they assure the exercise of political rights, according to republican forms, representative or demo- cratic; and (c) that they have been ratified by the people, and may be amended whenever the majority of all the citizens demand it." It is apparent that a provision similar to the second of these clauses would have prevented the argument raised in the United States, but without success, against the initiative and refer- endum, on the ground that they destroyed "re- publican" government, as guaranteed by Article IV, Section 4, of our constitution. Also, if the third of these clauses were in effect in the United States, it would remove the great diffi- culties, amounting in some cases to practical impossibility, involved in the amendment of our state constitutions, and would thus open the door to much progressive legislation. In both instances the greater democracy of the Swiss constitution is apparent. Switzerland, it will be remembered, had its civil war before the adoption of the constitution of 1848. To prevent any future development of states' rights and secessionist movements. Article 7 of that instrument provides that "all C54] THE FEDERAL CONSTITUTION separate alliances and all treaties of a political character between the cantons are forbidden." Further, "in case of differences arising between cantons, the states shall abstain from violence and from arming themselves; they shall submit to the decision to be taken upon such differences by the federation" (Art. 14). In case of internal disturbances, or if danger Federal is threatened by another canton, the authorities ""'"■ Tentlon of the canton threatened shall give immediate notice to the federal executive. The latter body is authorized to take necessary measures within the limits of its power, — namely, to enforce the guaranty of cantonal constitutions, — and, in cases of urgency, to raise and employ troops not exceeding 2000 in number. The federal executive must summon the Federal Assembly immediately to assist it in meeting the emergency if more than 2000 men are re- quired, or if they remain in arms more than two weeks. Since 1848 there have been eleven cases of internal disturbances in various Swiss cantons which have required the attention of federal authorities, although it is not clear that the ac- tion of the latter in all these instances amounted to intervention in the strict constitutional sense of the term. With the exception of the five cases occurring in the one canton of Ticino, most of them were due to local labor or political troubles which were settled by federal action l55l GOVERNMENT OF SWITZERLAND without great difficulty. Considerably more serious were the disturbances in Ticino, the population of which is largely Italian in blood and language. They were due to extreme par- tisan and sectional feeling, which broke out in violence requiring federal action in 1855, 1870, 1876, 1889, and 1890, — in the last two cases approaching the proportions of insurrection. In all eleven of the cases of disturbances in the cantons, the practice was to send one and sometimes two personal representatives of the federal executive into the disaffected territory. These representatives made every effort to mediate between the contending local factions and to arrange a settlement without the use of force. If these efforts resulted in failure, the representative of the central government was made a "Kommissar," or plenipotentiary of the federal executive with power to call in the necessary troops and take over part or all of the governing functions of the canton until order was restored and it became possible once more to intrust the government to the local authorities. Certain consequences of distinct constitutional importance may be deduced from the practice pursued in the several cases of federal inter- vention. The central authorities do not have to wait until internal order is actually disturbed; they may take action as soon as such disturb- ance is threatened. Nor do they have to wait until the cantonal officials appeal for help, as C56] THE FEDERAL CONSTITUTION was shown by the Ticino case of 1889 and also by the Geneva case of 1864, in which the fed- eral executive took action on the strength of private telegrams predicting disorder. Inter- vention is not barred by the fact that a canton is amending its constitution at the time. The federal plenipotentiary may take over as much of the power of the cantonal authorities as he finds necessary in order to restore peace. He has interfered with the secrecy of the telegraph; he has even interfered with the processes of local justice. In both cases he has secured approval. He may suspend the cantonal legis- lature and take over its power temporarily. He may even proclaim a state of siege. In a word, for the time being cantonal authority is made the ward of its federal guardians. Switzerland seems to be much more drastic and more thorough in its conception of the power of federal intervention than is the United States.^ Sweeping as the power undoubtedly is, the chief impression gained from accounts of its actual exercise ^ is that of restraint in invoking it and in the employment of force. Eleven cases of intervention since 1848 may seem a large number. It must be remembered, however, that prior to the establishment of the present republic the pages of Swiss history were marred 1 For an excellent account of American experience, consult J. A. Woodburn, "The American Republic," pp. 172 et seq. * Burckhardt, "Kommentar," 2d ed., pp. 152 et seq. C57] GOVERNMENT OF SWITZERLAND by constantly recurring outbreaks of serious disorders and insurrection. Instead of evidences of instability, therefore, the relatively few and mild disturbances that have occurred since 1848 are really indices of the strength and decision of federal power. With its seventy articles, Chapter I of the Swiss constitution, which is devoted to "General Provisions," accounts for more than half of that document. It can hardly be maintained that the numerous topics with which this chapter deals are arranged in strictly logical order. In the latter respect the American constitution is far superior to the Swiss. Dissimilar as are the "General Provisions" of the Swiss constitution, however, most of them present cases of the delimitation of power between state and federal authorities. In addition to this large category, a number of articles state the personal rights of Swiss citizens, and still a third group, to be dealt with later, confer rather extensive powers of social legislation. Distri- In the United States the general principle ato^r. prevails that federal law shall be executed by trative federal officials, state law by state officials. functions j^^ g^^^j^ gh^jp jjjjg Qf demarcation exists in Switzerland. To be sure, there are certain branches of the administration which are wholly federal; as, for example, customs, coinage, the gunpowder monopoly, posts, telegraphs, and telephones. Apart from such well-defined cases [58] THE FEDERAL CONSTITUTION as the foregoing, however, there are many curious and involved combinations of federal and cantonal action. The cantons even retain minor powers in connection with certain kinds of treaties, and they still exercise a small measure of control over the army. Certain advisory officials of the federal railways are chosen by the cantons, and the latter are large stockholders in the new federal bank. The federation legislates on hy- draulic power, but actual administration in this field is largely retained by the cantons. Stand- ards of weights and measures are fixed by the federation, but the cantons, under the super- vision of the federation, enforce the laws relating thereto. Primary education is the business of the cantons, but the federation may grant subsi- dies to the latter in order to aid them to fulfill their duties in this field. The federation may construct at its own expense, or may aid by subsidies, public works which concern Switzer- land or a considerable part of the country. The cantons collect the military exemption tax and pay one half of the gross proceeds to the feder- ation. On the other hand, the alcohol monopoly is administered by federal officials, but the entire profits derived from it are divided among the cantons. The cantons also receive certain per- centages of the profits or revenues of the federa- tion from a few other sources. While the federation thus shares part of its work with the cantons, the administrative ■[59] GOVERNMENT OF SWITZERLAND powers which remain in its hands are nevertheless very extensive. Moreover, they have been grow- ing rapidly since 1874, principally by the creation of monopolies in certain fields of economic enterprise, and more recently by the establish- ment of institutions for social insurance. These gains were not made without the embittered opposition of the " Kantonligeist," — the little cantonal spirit with its jealous fear of any in- crease of the powers of the federal government. One of the vagaries of this spirit explains in part the extremely complicated division of power between federal and cantonal governments which is noted above. Advocates of centralization soon discovered that any clear-cut proposal to confer new powers on the federal government was almost certain to be voted down. If, how- ever, the proposal was formulated in such a way as to require the cooperation of the cantons in the exercise of the power, or if it allotted to the latter a share of the profits, the chances of success were greatly increased. Nearly all the recent extensions of federal power illustrate this prin- ciple in one way or another. Thus centraliza- tion succeeds in Switzerland by adroitly throwing a sop to the states' rights element. Legisia- In the field of legislation the federal govern- *"® . ment of ^Switzerland possesses ftiiich wider powers of "~ ~ i. v tt •"- "-_- federation powers -than dogs „that of the United~^tates. Thus the former is empowered by tlie constitu- tion to deal with matters of civil, criminal, and C60] THE FEDERAL CONSTITUTION commercial law. The right of marriage, of residence and settlement, and the collection of debts are expressly intrusted to it. In the field of social economics also it is given extensive powers, which will be discussed later. The fed- eration can impose export duties as well as duties on imports. "Legislation upon the construction and operation of railroads is in the province of the federation" (Art. 26). Further, it is given general supervision over those roads and bridges in the maintenance of which it is interested. A point of major importance in this connection is the fact that the Swiss federation may deal legislatively with commerce as such; that is, it is not confined to the regulation of interstate commerce alone, — an illogical limitation which in the United States has led to such interminable economic and judicial controversies. The Swiss federation may also establish or subsidize in- stitutions of higher education. The federal monopolies of gunpowder, telegraphs and tele- phones, alcohol, banknote issue, and railroads imply, of course, wide legislative powers. An acute student of government both in Europe Sphere and the United States expresses the opinion that °^^°g as compared with our American states the sover- eignty of Swiss cantons "is confined to limits which are much more narrow, and even in the restricted circle of the powers attributed to them their independence is less real and not so well guaranteed. In addition to the fact that it C61] GOVERNMENT OF SWITZERLAND opens to the direct intervention of the federal powers numerous domains which remain closed to the action of the central power in the American union, the Swiss constitution really erects the confederation in some measure into a tutor and inspector of the cantons." ^ Where the asso- ciation of federal and cantonal governments is so close as in Switzerland, it is no doubt true, as the same author contends, that the latter gradually become ha-bituated to look up to the former as a superior to whom they owe obedience. Further, there is no supreme court in Switzer- land which can protect the cantons by declaring that laws infringing their powers are uncon- stitutional. While all these observations are undeniably correct, one should not infer from them that the cantons of Switzerland are constitutional nulli- ties. On the contrary, each of them is the center of a very active political life of its own. Moreover, they possess certain means of defense against undue federal aggression — as, for ex- ample, the initiative and referendum, equal rep- resentation in the upper house of the federal legislature, and party organization. Usually also they may rely for protection upon the sober- ness and moderation of Swiss political character, citizenship Citizenship, the second topic of importance discussed under General Provisions, is not for- ' Dupriez, "Les Ministres dans les principaux Pays d 'Europe et d'Amerique," II, p. 175. [62] THE FEDERAL CONSTITUTION mally defined in the Swiss constitution, as it is in our Fourteenth Amendment. Virtually, the matter is left to the cantons by the provision th.at-l levery citizen of a canton is a Swi ss citizen" (Art. 43). For the rest, the authors of the con- stitution of Switzerland contented themselves with a number of provisions designed to protect citizens against cantonal aggressions upon their fundamental rights. Cantons and communes still retain much of the medieval jealousy of outsiders whose settlement amongst them might lead to demands for a share in local forest or meadow rights or for relief at the cost of local poor funds. Working against this tendency, the federal constitution seeks to secure as large a measure of freedom of movement and settle- ment as possible, but the result is a manifest compromise. Power to legislate on naturali- zation is given to the federation, with the in- teresting addition that it may determine the conditions under which "a Swiss may give up his citizenship in order to obtain naturalization in a foreign country" (Art. 44). CheSwiss constitution contains no separate bill of rigEts7~"HoWt! yei, Lwe uiy ui T n ors~aTticles scattered among the general provisions deal with topics usually included under this title. Here, as elsewhere, the Swiss constitution is un- usually explicit. Personal rights are not merely asserted, they are defined at some length. One notes with approval that corresponding duties [63] GOVERNMENT OF SWITZERLAND are also insisted upon in immediate connection with the statement of the rights conferred and guaranteed by the constitution. "All Swiss are equal before the law. In Switzerland there are neither political dependants nor privileges of place, birth, persons, or families" (Art. 4). "Freedom of conscience and belief is inviolable" (Art. 49). This is followed by an explicit prohibition of various forms of religious constraint, followed, however, by an admission of the right of parents or guardians to regulate the religious education of children up to the age of sixteen completed years. No abridgment of civil or political rights on religious or ecclesiastical grounds is permitted. On the other hand, it is provided that "no person shall, on account of a reUgious belief, be released from the fulfillment of a civil duty," — a provision which has been applied literally against those who sought to escape military service on such grounds. ' "The free exercise of religious worship is guaranteed within the limits compatible with public order and good morals" (Art. 50). Under the latter clause a number of cantonal regulations directed against certain noise-making methods of the Salvation Army were upheld.^ Further sections suggested by sad experiences with religious schismatics in the past empower both the feder- ation and the cantons to preserve the peace as 1 Burckhardt, " Kommentar," 2d ed., p. 457. ' Ibid., p. 476. C64] THE FEDERAL CONSTITUTION between belligerent sects, and to prevent en- croachment by ecclesiastical authorities upon the rights of citizens and of the state. " Con- tests in public and private law which arise out of the formation or division of religious bodies, may be brought by appeal before the competent federal authorities," i.e., before the federal court (Art. 50). Bishoprics may not be established upon Swiss territory without the consent of the federation. Controversies over the Jesuits, it will be re- called, were largely responsible for the Sonder- bund war. Upon its conclusion the triumphant secular party wrote into the constitution of 1848 a provision that "the order of the Jesuits, and the societies alEliated with them, shall not be received into any part of Switzerland" (Art. 51). In 1874, the anti- Jesuit provision was made expressly applicable to individuals as well as to the order, by the addition of a clause forbidding all activity in church and school to its members. A further clause adopted at the same time pro- vides that "this prohibition may be extended, by means of a federal decree, to other religious orders whose activities are dangerous to the state or disturb the peace between religious denomi- nations" (Art. 51). The constitutional legislation of 1874 on this subject closes with Article 52, as follows: "The foundation of new convents or religious orders, or the reestablishment of those which have been suppressed, is forbidden." C65] GOVERNMENT OF SWITZERLAND In spite of these drastic texts the Jesuits are said to have returned to Switzerland within ten years after their expulsion. Subsequently they have acquired great influence in certain cantons.^ In 1874, also, the right of marriage was placed under the protection of the federation (Art. 54). Controversies over mixed marriages, i.e., mar- riages between persons of different religious confessions, were of long standing in some can- tons. Limitation of the right of marriage upon this ground, or because of the poverty of the contracting parties, or their previous misconduct, or on the basis of any other police regulation, is expressly forbidden. Illegitimate children are legitimatized by the subsequent marriage of their parents. By another article, records of births, deaths, and marriages are made subject to civil authority (Art. 53). Prior to 1874, the dead of some Swiss com- munes were refused burial because of non-mem- bership in the religious confession controlling the cemetery. In the revision of that year burial places were placed under civil (i.e., can- tonal) authorities, and the latter were made responsible for the decent interment of every deceased person. It has been held that "decent interment" includes even the tolling of the church bell in communes where this is customary at funerals.^ • Dauzat, " La Suisse Modeme," p. 206. ' Burckhardt, op. cit., p. 505. [66] THE FEDERAL CONSTITUTION "The right of petition is guaranteed" by the Swiss constitution (Art. 57). Citizens also have "the right to form associations, provided Right of that there be in the purpose of such associations, ^^'^' or in the means which they employ, nothing illegal or dangerous to the state." Abuses of this right are dealt with by cantonal legislation (Art. 56). Freedom of the press is also guaran- teed, but both the cantons and the federation may protect themselves by legislation against abuses of this right. However, cantonal laws on the subject must be submitted to the federal executive for approval. A number of constitutional articles protect Swiss citizens against judicial abuses. No person shall be deprived o£ his constitutional judge; ecclesiastical jurisdiction is abolished; suits for personal claims against a solvent debtor must be brought before the judge of his domicile; im- prisonment for debt is abolished; the cantons are bound to treat all Swiss citizens of other states equally with their own both in legislation and in all judicial proceedings; and finally, valid judgments in civil cases rendered in any canton may be executed anywhere in Switzer- land 1 (Arts. 58-61). One of the amendments of 1874 provided that the federation shall determine by law the conditions upon which a Swiss citizen may be ' On the last of these clauses cf. Art. IV, Sec. i, of the Constitution of the United States. [67] GOVERNMENT OF SWITZERLAND deprived of his political rights (Art. 66). Under this amendment it was intended to do away with the deprivation of political rights which was sometimes inflicted as a part of the punish- ment for bankruptcy even in cases where the bankrupt had been guilty of no criminal act. Two laws which sought to realize the purpose of this article were defeated at referendum votes, however,' and a third bill on the subject pre- pared by the federal executive was not even debated by the legislative bodies. It would seem that debtors, even innocent debtors, are not popular in Switzerland. Frame- The second chapter of the Swiss constitution 7°A^sd^ is devoted to the framework of the federal govern- govem- ment and the distribution of powers among its "*"' various parts. As these topics are to be dis- cussed in detail later it will be sufficient at this time merely to name and characterize briefly the three principal authorities. Of these the first 4s-a-bica m£ral lep;islature, k nown collectively or when the two houses sit together, as they do for certain specific purposes, as the Federal Assembly (Bundesversammlung, Assemblee fede- rale). The less numerous branch of the Federal Assembly, which represents the cantons, is called the Counci l of States (Stdnderat, Conseil des Mats); the more numerous branch, which represents the people, is called the National ' Referendum votes of May 23, 1875, and October 21, 1877- C68] THE FEDERAL CONSTITUTION Council (Nationalrat, Conseil national). Next in orHet"' is the Jederal Cou ncil (Bundesrat, Conseil federal), .or executive commission, the members of which are elected by the Federal Assembly. Finally there is a Federal Cou rt {Bundesgericht, Tribunal federal), also elected by the Federal Assembly. To the processes of amendment still another chapter is devoted by the Swiss constitution. Although the shortest of the chapters, it is much^ lengthier and provides more varied methods of amendment than does the corresponding article of the constitution of the United States.^ Owing to the fact that the initiative and referendum play a large part in the process of making changes in the Swiss constitution, it has seemed best to discuss the latter topic in connection with direct legislation generally.^ There can be no doubt of the fundamental Loyalty loyalty of the people of Switzerland to their '° *'^ constitution. In the Catholic sections of the tuuon country there is some dissatisfaction with the " restrictions imposed upon the church, but that leaf has long since been turned over in the history of the country. More than a quarter of a cen- tury ago it was remarked by two careful students that those who favor centralization regard the constitution as a station on their road, while their political opponents consider it to be a wall against the further encroachments of the » Article V. => See Chapter VI. C69] GOVERNMENT OF SWITZERLAND centralizing tendency.^ Although the boundaries of federal and cantonal power have since been shifted, greatly to t;he advantage of the former party, the same attitude continues to prevail toward the constitution itself. The Swiss fundamental law is not sufficiently ancient, especially in view of the revision of 1874, to have acquired the almost superstitious veneration with which the constitution of the United States was popularly regarded until ten or fifteen years ago. Although it met and solved successfully the great questions of feder- ation and internal reform, the people of Switzer- land have always considered their constitution a purely human, and therefore quite fallible, instrument. Consequently they have not hesi- tated to amend it freely. Yet, paradoxical as it may seem, there is in Switzerland at the present time a stronger popular inclination to accept the federal constitution as a whole and to oppose radical amendments to it than is the case in the United States. 1 Adams and Cunningham, "The Swiss Confederation," P-37- C70] THE FEDERAL CONSTITUTION SELECTED BIBLIOGRAPHY Adams, F. O., and Cunningham, C. D. "The Swiss Con- federation," Ch. II (The Swiss Constitution). DoDD, W. F. "Modern Constitutions," Vol. II, pp. 253-290 (English translation of the Swiss federal constitution, with introductory historical note and select bibliography). Lowell, A. L. "Government and Parties in Continental Europe," Vol. II, Ch. XI (Switzerland: Institutions). Also Appendix, pp. 405-431, containing the French version of the Swiss federal constitution. McCrackan, W. D. "Rise of the Swiss Republic," Ch. X (The Constitution of the Swiss Confederation and of the United States Compared). Also Appendix, pp. 364.-394, containing an English translation of the Swiss federal constitution. Macy, J., and Gannaway, J. W. "Comparative Free Gov- ernment," Ch. LII (Origin of the Swiss Government), Ch. LIII (The Frame of Government). Moses, B. "The Federal Government of Switzerland," Ch. Ill (The Distribution of Power), Ch. X (Rights and Privileges). Vincent, J. M. "Government in Switzerland," Ch. II (Confederation and Cantons). Also Appendix II, pp. 289-332, containing an English translation of the Swiss federal constitution. [71] National Council CHAPTER IV THE FEDERAL LEGISLATURE Basis of \ CCORDING to the constitution the Na- sentauon ■^~*- ^1°"^' Council, or more numerous branch for the of the federal legislature, consists of "repre- sentatives of the Swiss people, chosen in the ratio of one member for each 2o,ocx) persons of the total population" (Art. 72). When division of the total population of any canton by this constitutional basis of representation leaves a fraction of over io,cxx), an additional seat is assigned. In order to safeguard the smallest states beyond any question, the con- stitution also provides that each canton, and in cases where divisions have occurred, each half canton, shall choose at least one member. Once every ten years usually it is the practice in Switzerland, as in the United States, to take a federal census which serves as the basis of legislative apportionment for the ensuing decade.' All persons resident in a district are counted. As a result, districts in which there is a con- siderable foreign element receive a correspond- 1 Censuses were taken in 1850, i860, 1870, 1880, 1888, 1900, and 1910. An official statement of the resident popu- lation upon which the present apportionment is based may be found in the A. S. XXVII, 265. [72] THE FEDERAL LEGISLATURE ingly larger representation than districts where the population is purely Swiss. In 1902, an attempt was made by initiative petition so to amend the constitution that Swiss citizens only should be counted in determining the apportion- ment of representatives. Although much can be said in favor of this proposal, it ran counter to the political interest of many of the larger cantons, and was overwhelmingly defeated by popular vote, October 25, 1903. Election districts for the Swiss National EiecUon Council are laid out not by the state legislatures, ^^^"^ as with us, but by the federal legislature. In general this work seems to be done fairly, but there have been charges of "election district geometry" {Wahlkreisgeometrie), or gerrymander- ing.^ No district can be formed out of parts of different cantons (Art. 73). Originally there were only 120 seats in the National Council, but with the increase of population (and a fixed basis of apportionment) the number has grown until there are at present 189. Of these Bern, the most populous canton, was assigned 32; Zurich, 25; Vaud, 16; and so on down to the two smallest whole cantons, Uri and Zug, which were given I each. The size of the election districts varies, and also the number of seats assigned to each. Within the limitations set by the con- stitution, preference is given to larger districts 1 Cf. E. Walter, "Dem Schweizervolke der Proporz," pp. 40 H seq. [73] GOVERNMENT OF SWITZERLAND returning two, three, four, or more members each. Thus, under the present apportionment there are only 6 single-member districts. In the country as a whole there are 49 districts, and the average number of members to a district is between three and four.* Suffrage According to the federal constitution, every male Swiss who has completed twenty years of age is entitled to vote in elections and popular votes (i.e., initiative and referendum votes), unless excluded by legislation of the canton in which he resides. In districts returning more than one member of the National Council each voter is entitled to vote for as many candidates as there are seats to be filled. Exclusion of women from the right to vote is apparently implied by the use of the masculine form "Schzveizer" in the constitution. A further clause gives the federation the power to establish by law uniform regulations for the exercise of the right of suffrage.* General elections for the Swiss National Council are held on the last Sunday in October. Throughout the country it is customary to use the same day of the week for other elections and '■ Stated in detail, there are 6 one-member; 7 two-member; 10 three-member; 10 foui^member; 6 five-member; 3 six- member; s seven-member; and 2 eight-member districts. See the Bundesgesetz betreffend die Nationalratswahlkreise of June 23, 191 1, in A. S. XXVII, 731. ' Cf. Burckhardt, op. cii., p. 666. [74] THE FEDERAL LEGISLATURE for initiative and referendum votes as well. For the convenience of voters coming in from rural districts, the law permits elections for the National Council to begin on the afternoon of the day (Saturday) before the regular election day. On the first ballot an absolute majority is necessary to a choice. In case any seat re- mains unfilled as a result of this requirement, a supplementary election is held, usually two or three weeks later, at which a simple plurality is sufficient for election. It should be noted that the system of election described above is established by law, not by the constitution.' There is nothing in the latter to prevent the introduction of a system of pro- portional representation for the election of federal representatives. Moreover, the existence of election districts returning a considerable number of members each would facilitate the application of this reform. On two occasions, however, when the advocates of proportional representation sought by initiative to secure an amendment to the constitution providing for its adoption, they were defeated at the polls.'' A third proposed amendment to the same effect is pending at the present time. "Every lay Swiss citizen who has the right to vote is eligible for membership in the National 1 Gesetz betreffend die eidgenossischen Wahlen und Abstim- mungen of July 19, 1872; A. S. X, 915. ' November 4, 1900, and October 23, 1910. C75] GOVERNMENT OF SWITZERLAND Council" (Art. 75). Dating from 1848, the word "lay" in this article recalls the religious strife which preceded the adoption of the con- stitution. Primarily, of course, it was designed to shut out the Catholic clergy and monastic orders, although it has also been defended on the ground of the alleged incompatibility between the functions of a minister of the gospel and the activities of party politics. The Catholic clergy are not specifically excepted, but in practice it amounts to the same thing, since a Catholic priest cannot divest himself of his priestly quality so long as he remains a member of that confession. A Protestant clergyman, on the other hand, becomes eligible simply by resigning his spiritual office. He may do this before he takes his seat, but he is not obliged to do it until after his election. One case is on record where a canny pastor made his resignation good only for the period during which he might remain a member of the National Council. In practice, however, the election of clergymen who at the time are engaged in religious activities as the chief means of gaining their livelihood, is very unusual. There are, however, several instances of the election of former Protestant clergymen who had given up their spiritual careers at an earlier date. Term The term of the Swiss National Council is three years,' the whole body being renewed at ' Except when cut short by dissolution caused by total re- vision of the constitution, which is now highly unlikely to occur. C76] THE FEDERAL LEGISLATURE each election. A three-year term was decided upon to correspond with the term of the federal executive. Also it was believed that any shorter period would not afford members time to become familiar with their duties. While Swiss general elections for the National Council occur in October, the term of newly elected members is not counted as beginning until they assemble in Bern, the capital, on the first Monday in December, for the purpose of organizing the house.^ Members whose election is not contested are admitted at once. Contested elections are referred to a committee, which reports usually on the following day. By express constitutional provision a member of the Swiss Council of States cannot at the same time be a member of the National Council (Art. 77). The same article makes membership in the Federal Council incompatible with mem- bership in the National Council, — a constitu- tional provision which, together with a number of others, sharply distinguishes the Swiss execu- tive from the cabinets of England and France. Further, it is provided that officials appointed by the Federal Council may not at the same time be members of the house. A nice question of constitutional law has been raised with regard 1 Bundesgesetz betreffend die eidgenossischen Wahlen und Abstimmvngen of July 19, 1872; A. S. X, 915. The present house was elected October 2$, 1914, anfi met for the first time December 7, 1914. [77] officers GOVERNMENT OF SWITZERLAND to officials appointed by authorities subordinate to the federal executive, as, for example, Swiss post-office appointees and the greater number of the officials of the Swiss federal railway system. By inference the better view seems to be that these latter also are excluded.^ Presiding Constitutional provision also is made (Art. 78) for the election by the National Council from among its own membership of a president and vice president for each regular or extraordinary session. Care must be taken not to confuse these officials with the president and vice president of the federation. The latter are the most prominent executive officials of the republic, while the president and vice president of the National Council merely function as regular and substitute chairmen or speakers of that body. To secure rotation in these offices the Swiss constitution provides that "a member who has held the office of president (i.e., of the National Council) during a regular session shall not be eligible either as president or as vice president at the next regular session. The same member may not be vice president during two consecutive regular sessions." Although it was thus the manifest purpose of the constitution that new presiding officers should be chosen at each "regular or extra- ordinary session," this has not been the actual practice. When the constitution was adopted '■ Burckhardt, op. cit., p. 671. [78] THE FEDERAL LEGISLATURE in 1848, it was thought that the legislative business of the federation could be transacted at one regular session each year. Experience soon demonstrated the necessity of at least two sessions of about four weeks each, the first of which is now held beginning the first Monday in November, and the second beginning the first Monday in June. By a legislative fiction, however, these are treated as two parts of one session. In practice the presiding officers chosen for the first remain in ofiice for the second part of the session, and also during any extraordinary sessions held in the same year. It is also cus- tomary to promote the vice president of one year to the presidency for the year following. Of recent years the press of business has made necessary a brief session in March, and there are several instances of short extra sessions during other months. In case of a tie in the National Council the president is given a casting vote (Art. 78). This provision of the constitution enables him to vote twice on measures which result in a dead- lock on the first ballot. But in elections, i.e., of members of committees and bureaus, he votes in the same manner as other members. The president of the National Council is far from being as powerful and influential as the speaker of our House of Representatives. Never- theless, the former ofiice is considered a great prize by ambitious parliamentary leaders, and [79] GOVERNMENT OF SWITZERLAND those men who have been so fortunate as to attain it enjoy a special prestige among their party associates. The same is true of the corre- sponding office in the Council of States. Com- Members of the Swiss National Council receive pensaHon ^ compensation paid out of the federal treasury mUeage (Art. 79). By law this has been fixed at the very moderate sum of twenty francs for each day spent in attendance at legislative sessions. Absence or tardiness without excuse involves loss of the day's pay. Members also receive mileage amounting to twenty centimes per kilometer traveled each way.^ This rate, which is equivalent to 6| cents per mile, is less than one third the amount our congressmen still allow themselves. All mileage computations are determined by an official "Distance Indicator."* According to this authority the most distant commune is only 263 miles from the capital. The same rates of pay and mileage are allowed for service on legislative committees, or commis- sions as they are called in Switzerland. These are appointed either directly by the house or upon nomination of a bureau composed of the president and vice president of the house and four tellers elected by that body. Reports of ' Twenty centimes per kilometer additional are allowed for travel over mountain roads where a higher posting charge must be paid. ' The latest version of the "Distance Indicator" may be found in the A. S. XXIX, 231 (1913). [80] THE FEDERAL LEGISLATURE committees are presented by a "Referent" or reporter chosen for that purpose. Frequently two reporters are named, one to report In Ger- man, the other in French. At the end of each session a number of committees are appointed to make investigation during the recess and to prepare bills for submission at the next session. As a time-saving and specializing device this practice is doubtless quite justifiable, but some of the more economical Swiss are inclined to regard it as a senseless extravagance. Fre- quently the business of these committees is of such a character that it can best be transacted at cantonal capitals aided by cantonal officials. The latter arrangement naturally meets with approval from the advocates of states' rights, who are inclined to believe that far too much of the federal business is centralized at Bern anjrway. — ^ As we have just noted, the Swiss constitu- The tion goes into considerable detail regarding the ^°""'" composition of the National Council, but it is states extremely brief regarding the composition of the Council of States, or less numerous branch of the federal legislature. Although an organ of the federation, the Council of States was designed in a peculiar sense to represent the cantons. Consequently it was felt that the latter should be left to decide everything possible regarding the make-up of this body. Following the American model, the Swiss constitution does [8i] GOVERNMENT OF SWITZERLAND indeed provide for forty-four members of the Council of States, or two from each canton, except the half cantons, which choose one each ^ (Art. 80). Our own constitution, it will be recalled, prescribes in some detail the manner of election, term, and qualifications of United States senators. An American state may not, of course, change any of these qualifications, and according to the best authorities it cannot even add to them, although some efforts have been made in the latter direction.* But the Swiss constitution does not determine the method of electing mem- bers of the Council of States, it does not fix their term of office nor prescribe their qualifications, — all these matters being left to the discretion of the cantons. It does not even provide for the exclusion of ministers of religion from this house, as is done in the case of the National Council. On one point, indeed, the Swiss con- stitution is explicit, but then only to emphasize the sole right of the states in the matter, — ' Equality In the Council of States, thus guaranteed to the Swiss cantons, results in wide disparities from the point of view of the representation of the population proportionally. Uri, with 22,055 people in 1910, counted equally so far as seats in the Council of States were concerned with Bern, which had a population in that year of 642,744. Still, these disparities are not so extreme as those now existing in the upper house of our federal legislature. New York State had a population in 1910 of 9,113,614; Nevada, a population of 81,875. Yet each elects two United States senators. * Cf. Beard, "American Government and Politics," p. 240. [82] THE FEDEPIAL LEGISLATURE namely, that salaries of the members of the Council of States are to be paid by the cantons (Art. 83). As a result of this extremely states' rights attitude, a diversity of conditions exists in the Council of States which is unknown in the Ameri- can Senate, its prototype. There is, however, a growing tendency toward uniformity. Thus most of the cantons now choose their represen- tatives in the Council of States by direct popu- lar election. In the pure democracies they are elected by the popular assemblies, which amounts to much the same thing. Seven cantons, how- ever, — Bern, Freiburg, St. Gallen, Aargau, Vaud, Valais, and Neuchatel, — still intrust the election of their representatives in the Council of States to the cantonal legislatures. A three- year term, corresponding to that of the National Tem Council, is also becoming the general rule, but Zug chooses its representatives for four years, Freiburg for two, and Uri, Lower Unterwalden, St. Gallen, Vaud, and Neuchatel for one year. There is nothing to prevent the recall of members of the Council of States at any time, and two of the cantons — Neuchatel and Vaud — have given this power to their legislatures. By another provision of the federal constitution (Art. 91), which seems rather inconsistent with the general principle noted above, members of the Council of States must not be instructed as to their votes in that body. In the states where they are C83] GOVERNMENT OF SWITZERLAND elected by the legislatures, the latter sometimes require them to render an account of their official conduct. All the cantons pay salaries and mileage to their representatives in the Council of States, usually at the same rates as fixed by the federation for members of the National Council. By a federal law, members of the Council of States also receive compensation and mileage from the federal treasury at the same rate as members of the National Council, for services on legislative committees, — a provision scarcely consistent with the intent of the con- stitution. With the exception of these matters, nearly all of which are left to the decision of the cantons, there are only two provisions in the federal constitution regarding the composition of the Council of States. One of these (Art. 8i) makes membership in that body incompatible with membership at the same time in the National Council or in the Federal Council. The other provides for a president and vice president of the Council of States, chosen for the same terms and rotated in the same manner as the corre- sponding officers of the National Council, with the added conditions that "neither the president nor the vice president may be chosen from among the representatives of the canton from which the president had been chosen for the regular session immediately preceding," and further, that "representatives of the same canton [84] THE FEDERAL LEGISLATURE shall not occupy the position of vice president during two consecutive regular sessions" (Art. 82). Although not strictly in accordance with the intent of the constitution, the Council of States, like the National Council, continues the same presiding ofl&cers in power during all the sessions, regular and extraordinary, of a year. Like the National Council, also, it customarily promotes the vice president of one year to the presidency of the next. In case of a tie vote and in elections, the president of the Council of States has the same power as the president of the other house. .-^ At the very beginning of the constitutional Powers provisions regarding all the organs of the federal ^ ?'* government (Chap. II, Art. 71), the general Assembly principle is enunciated that "with the reser- vation of the rights of the people and of the can- tons the supreme authority of the Federation shall be exercised by the Federal Assembly," This would seem to dispose effectually of the contention that the fathers of the Swiss con- stitution intended to establish a government of concurrent powers, checking and balancing each other. Later, in taking up the specific powers of the Federal Assembly, the constitution states that the two houses "shall consider all the subjects which the present constitution places within the competence of the federation and which are not assigned to any other federal authority" (Art. 84). Does this make the C85] GOVERNMENT OF SWITZERLAND Swiss legislative branch the residuary legatee of all federal powers of whatever kind, not definitely conferred upon other branches? Later provisions of the constitution refer to the Federal Council as "the supreme directive and executive authority" (Art. 95), and to the Federal Court as established "for the adminis- tration of justice in federal matters" (Art. 106). If these clauses modify the earlier sweeping grants of power to the legislative branch, — and in the opinion of commentators of high authority they do,^ — the correct interpretation is that executive or judicial functions not other- wise assigned must be presumed to be vested in the Federal Council and Federal Court, respec- tively. On the other hand, all federal legislative powers, express or implied, belong to the Federal Assembly. In addition, the Federal Assembly exercises certain executive and judicial powers that are conferred upon it expressly by the constitution. It may assume, and in practice frequently has assumed, other functions of this character, wide A consideration of the executive powers con- scope ferred by the constitution upon the Federal tive Assembly will show that they bulk large, even FedMai"* '" Comparison with its sweeping legislative com- Assembiy petence. The Federal Assembly elects the Federal Council, the Federal Court, the Chan- cellor, and the General (in chief) of the federal ' Burckhardt, op. cit., p. 678. [86] THE FEDERAL LEGISLATURE army. By law it may assume other powers of election and confirmation (Art. 85, cl. 4). It approves alliances or treaties with foreign powers, also the treaties made by cantons among themselves or with foreign powers (Art. 85, cl. s). It takes "measures for external safety and also for the maintenance of the independence and neutrality of Switzerland." It declares war and concludes peace (Art, 85, cl. 6). It guarantees "the constitutions and territory of the cantons," intervenes to maintain such guaran- ties, takes measures for the internal safety of the country, and exercises the powers of amnesty and pardon (Art. 85, cl. 7). It takes measures for enforcing the provisions of the federal con- stitution and for fulfilling federal obligations (Art. 85, cl. 8). It has the "power of controlling the federal army" (Art. 85, cl. 9). Finally, it has the "supervision of federal administration and of federal court administration" (Art. 85, cl. 11). In spite of the language of the con- stitution, it is not to be inferred that all these functions are performed exclusively or directly by the federal legislature. Many of them, indeed, are handled by the executive, i.e., the Federal Council; but the important fact to re- member is that the latter must seek legislative approval for all its actions within these fields. The judicial powers of the Federal Assembly formerly included action as a court of last resort upon "protests against the decisions of the C87] GOVERNMENT OF SWITZERLAND Federal Council upon administrative conflicts" and upon "conflicts of jurisdiction between federal authorities" (Art. 85, els. 12 and 13). By an amendment to the constitution adopted October 25, 1914, part of these powers are to be transferred to a federal administrative court. Although the general grant of legislative powers to the Federal Assembly would seem to be sweeping enough, the constitution also confers directly certain specific powers of this character upon the federal legislature. These include pas- sage of the budget, audit of public accounts, authorization of loans (Art. 85, cl. 10) ; creation of federal ofiices and fixing of salaries attached thereto (Art. 85, cl. 3); and the organization and election of federal authorities (Art. 85, cl. i). The federal legislature also plays an important part in the amendment of the constitution. Powers Unlike the constitution of the United States, of the ^Yte Swiss constitution confers no special or houses , . - . are exclusive powers upon either of the two legis- concurrent j^tiye houses. Thus in Switzerland the power of passing upon treaties is exercised equally by the National Council and the Council of States. Nor has either house any special powers in connection with appointments, impeachment, bills to raise revenue, or presidential and vice presidential elections. All business is trans- acted separately by the two houses except that they meet in joint session (i) to elect the Federal Council, Federal Court, Chancellor, and General [88] THE FEDERAL LEGISLATURE (in chief) ; (2) to exercise the pardoning power; ' and (3) to decide conflicts of jurisdiction between federal authorities. In such joint sessions the 189 National Councilors have, of course, a marked preponderance of voting power over the 44 members of the Council of States. The more numerous house is also favored on these occa- sions to the extent that its president takes the chair. So far as the constitutional distribution of powers is concerned, therefore, the two houses of the Swiss federal legislature are almost exactly concurrent, such small differences as do exist in this respect being favorable to the National Council. Lack of uniformity in the terms of its members also places the Council of States at a slight disadvantage. On the average, their terms are no longer than those of the National Councilors. Such differences in actual power as exist, or have existed, between the two bodies must therefore be explained largely on personal and historical grounds. When the federal form of government was The adopted in 1848, the Council of States, based f^'*, 1 ••If 1 • iedetal upon the prmciple or equal representation, houses clearly continued the tradition of the old Diet; <=<>"P"ed • Twice a year the two houses meet in joint session for the consideration of 120 or more applications for pardon, some of them involving fines as low as 100 francs or imprison- ment for a few days, — certainly a rather petty occupation for a federal legislature. [89] GOVERNMENT OF SWITZERLAND while the National Council, based upon the principle of the representation of the people of the cantons in proportion to their number, was wholly a new creation. For a few years thereafter men of greater prominence sat in the Council of States. This has long since ceased to be the case, and it is now generally admitted that the National Council exercises considerably greater influence than the Council of States. Care must be taken, however, not to overstate the case. As Dupriez very justly observes, while "the situation of the Council of States is in no wise comparable to that of the Senate of the United States," still "the National Council has not acquired the preponderance of the French Chamber." ^ In spite of its relative decline, therefore, the Council of States is neither a refuge for reactionaries nor a haven for the advocates of states' rights and special privilege. Occasionally the argument is raised in Switzer- land that if the Council of States agrees with the popular will as expressed by the National Council and referendum votes it is useless, while if it disagrees with the popular will it is pernicious. A proposal to abolish the Council of States on these grounds was rejected by the National Council in 1870 by a vote of sixty- four to seven. Back of this overwhelming majority was the conviction that in practice ' "Les Ministres dans les principaux Pays d'Europe et d'Amerique," II, 209. [90] THE FEDERAL LEGISLATURE the Council of States had often taken a more liberal view of legislative matters than the other chamber, and that it had at no time operated as an obstacle to the natural development of the country. Originally designed to reconcile the small cantons to the federal idea, it has survived this purpose, and although today the less important of the two houses, it has fully justified itself by the practical utility of its contribution to the workings of the bicameral national legislature. Several general provisions regarding the con- duct of legislative business are incorporated in the text of the Swiss constitution itself. Most of them have been supplemented extensively by law and by parliamentary rules. Thus the constitution requires that "as a rule" the sittings of the two houses shall be public (Art. 94). According to parliamentaryNregulations, however, secret sessions may be voted upon the motion of ten National Councilors or of five members of the Council of States, and it is also provided that the discussion of such motions shall be secret.* As a matter of fact, open sessions to which the public and representatives of the press are admitted are by far the more comihon. Debates are not officially reported, although stenographic notes of the more important pro- ceedings are kept. Swiss newspapers seldom » Regl. d. N. R., June 5, 1903, Art. 38; Regl. d. St. R., March 27, 1903, Art. 39. [91] GOVERNMENT OF SWITZERLAND publish verbatim reports of speeches, but they do present daily summaries of parliamentary discussions which are usually judicious and accurate. All three official languages — Ger- man, French, and Italian — are used on the floor of the houses. Most educated Swiss are bilingual, and members follow the speeches without apparent difficulty, no matter which language is used. An interpreter stands by the side of the presiding officer and translates his remarks into German if he uses French, and vice versa. Official documents, laws, and adminis- trative orders of the federal government are published in all three languages. Extra Extraordinary sessions of the two houses are sessions called by a resolution of the executive, i.e., the Federal Council, either acting alone, or upon the demand of one fourth the members of the National Council, or of five cantons (Art. 86). It is rather curious that instead of conferring power upon one fourth of the members of the Council of States in this connection, the con- stitution actually confers it upon five cantons, or about one fourth the total number of states in the federation. As a matter of fact, the cantons have never made use of this constitutional pro- vision, and there is only one instance on record of a demand for an extra session originating with one fourth the membership of the National Coun- cil. It is important to note that no outside authority may prorogue or dissolve either of the [92] THE FEDERAL LEGISLATURE Swiss legislative bodies. They alone may take such action by a concurrent resolution. The presence of a majority of the membership Quorum of either house is necessary to constitute a quorum (Art. 87). Decisions are reached by a majority of those voting (Art. 88). Members of both houses vote without instructions (Art. 91). Federal laws and federal resolutions shall be Forms passed only by the agreement of the two °' houses (Art. 89), subject, however, to the ref- ution erendum. Swiss commentators have discussed voluminously the theoretical distinctions be- tween these two forms of expression of the leg- islative will.^ In practice such distinctions are frequently disregarded. Federal laws are the higher of the two, and are presumed always to formulate legal commands. Organic laws are good examples. While legal commands bind- ing upon citizens as well as officials may be found in federal resolutions, the latter form is preferred for all kinds of acts of approval and ratification, for acts ordering execution or com- pletion of laws already enacted, for conveying instructions or issuing orders to the Federal Council, for replies to petitions and decisions upon appeal. Since the Swiss legislature passes upon both of these forms, it adds to ordinary legislative powers a power of passing upon administrative regulations which in other Euro- 1 Cf. Th. Guhl's " Bundesgesetz, Bundesbeschluss, und Ver- ordnung"; also Burckhardt, op. cit., pp. 713-723- [93] GOVERNMENT OF SWITZERLAND pean countries is usually confined to adminis- trative authorities exclusively. However, this does not include the minor forms of adminis- trative resolutions, — the Bundesratsbeschliisse, Verordnungen, and Reglements, — which are issued by the Federal Council alone. Thus the Swiss executive, subject of course to control by the two houses, undertakes most of the business which in American legislatures takes the form of special and private bills. In this way the Federal Assembly is spared the consideration of innumer- able petty details and enabled to concentrate on matters of prime importance. Initiative The right of originating measures belongs to each of the two houses and to each member of either house individually. Cantons may by correspondence exercise the same right (Art. 93). Since the establishment of the federal form of government, there have been but six or seven instances of the employment by cantons of their right of initiative by correspondence. These were concerned chiefly with requests for particular benefits or for exemptions from special burdens. All together, therefore, the legislative effect of the cantonal initiative has been practically negligible. It is also true that the right of initiative is almost never exercised nowadays by individual members of either house. Nearly always representatives who de- sire the introduction of a certain measure simply present a motion inviting the executive, i.e., C94] THE FEDERAL LEGISLATURE the Federal Council, to prepare a report and draft a bill covering the case. If this resolution passes both houses, the executive in due time presents the report as requested, together with a bill drawn in full legal form. Incidentally the Federal Council does not have to wait for a request from the legislature before introducing a bill, as it possesses the full right of initiative on its own account (Art. 102). There are manifest advantages in the practice biu described above. It is seldom that members of ^"^^^ legislative bodies either in Switzerland or else- where are competent to draft legislation satis- factorily. By the Swiss system every bill is drafted by an expert authority, familiar not only with legal forms and constitutional limitations, but also with administrative experience in the fields affected by the measure. Legislators are set free from tasks for which they are not qualified and enabled to devote more time to the dis- cussion of the broad general principles involved in bills and to the expression of local points of view thereon. Nor does there seem to be any fear on the part of the Swiss that the executive will take advantage of this situation by making its point of view prevail unduly as against that of the legislature. For the Federal Council is not only under the general control of the legis- lature, but must also appear before the two houses to explain and defend the bill it has drafted. Moreover, each branch of the legis- C95] GOVERNMENT OF SWITZERLAND lature may reject the bill altogether or return it to the Federal Council with a recommendation that it be amended. According to the Swiss constitution, it is held that every bill which is introduced is introduced into the National Assembly, i.e., into both houses and not into one or the other house separately. The failure of a bill in one house, therefore, does not prevent its discussion in the other. If bills pass in one house and not in the other, or if they pass both houses in different forms, a conference is arranged between the. committees in charge of the bill in each house, and an effort is made to secure agreement.* Frequently harmony results, but, of course, if the houses stand out against each other the bill fails. Conflicts of this character, however, have never been pushed to the point of con- stitutional crisis in Switzerland. Prior to the opening of each session the Federal Council presents to the presidents of the two houses the various bills and resolutions which are to be introduced. The presidents thereupon divide the business between them, each pre- senting to his own chamber the portion assigned to it. A considerable economy of time is thereby effected, — a point of no small importance with legislative sessions so short as they are in Switzer- land. Meetings of the houses begin at eight or ^ Bundesgesetz uber den GeschdftsVerkehr of October 9, 1902, Art. 6. [96] THE FEDERAL LEGISLATURE nine o'clock every week-day morning except Monday, when they begin at three in the after- noon. Usually they last four or five hours. By this arrangement members are enabled to spend week ends at home. As adjournment draws near, two meetings a day are held if necessary. Sessions of the Swiss federal houses are not Customs opened with prayer as is customary in the United "'^^^ States. In making an address members usually federal rise and remain standing at their desks. If """"^^ the speaker is forceful or a man of political importance, other members will leave their seats and crowd around him. There are few flights of oratory, most of the addresses being extremely matter of fact both in tone and content. If a dry and long-winfled speaker holds the floor, his colleagues either leave the hall in droves or devote themselves unblushingly to conversation, smoking, newspaper reading, or private correspondence* On the whole, however, the Swiss National Council and Council of States rank among the best-behaved legislative bodies in the world. Turbulence is virtually unknown in either chamber. Personal good feeling pre- vails and the rules are neither lengthy, intricate, nor severe. The presiding ofiicers are fair as between party groups and orators desiring the floor, resembling the English rather than the American speaker in this respect. A member may speak to a question three times if he so desires. Although cloture may be applied by cloture [97] GOVERNMENT OF SWITZERLAND a two-thirds vote, it cannot be moved so long as a member who has not yet participated in the debate desires to introduce and explain an amendment. Of course, the problem of disci- pline is rendered easy by the comparatively small size of the two houses, especially of the Council of States, and the resulting closer acquaintance- ship of the members. Also party spirit does not run so high in Switzerland as in the United States. Nor is there the ever present possi- bility of the fall of the ministry to heighten the excitement of parliamentary conflicts. Age and The Swiss Council of States can scarcely be trying described as a much more venerable body than of Swiss , , -^ legisutars the National Council. Members of the former show an average age of 58.9, of the latter 56.2 years.^ Educational standards are^ high in both houses, three fifths of the National Councilors and three fourths of the members of the Council of States being men of university training. It is worth noting that Swiss legislators, following the European custom, migrated from one uni- versity to another during their student days. Nor did they confine themselves entirely to the institutions of higher learning in their own country. All the great universities of Germany, France, and Italy contributed to their educational experience. Foreign travel and observation as ' The average age of United States senators in 1916 was 58.1 years; of members of the House of Representatives, 50.6 years. [98] THE FEDERAL LEGISLATURE well as academic training are thus represented to an unusual degree in the Swiss federal legis- lature. In the great majority of cases, moreover, its members have had experience in the legis- latures or in the administrative and judicial service of their own states before their elevation to national office. Two fifths of the National Councilors and nearly half of the representatives in the Council of States are commissioned officers in the army, but as their duties in this connection take only part of their time, all of them have civil occupations as well. Taken in connection with the universal military training required in Switzerland, which virtually all the members have undergone, it is evident that the federal legislature ought to be well qualified to discuss questions of national defense. Lawyers predominate in the Council of States, more than three fifths of its membership being recruited from the bar, while in the National Council only two fifths are members of the legal profession. In addition to its majority of law- yers, the present Council of States contains five journalists and two physicians. Business pur- suits are represented as follows: manufactures and mechanical, two; transportation, one; trade, five, of whom three are bankers; no occupation stated, three. Considering the prominence of agricultural and pastoral pursuits in Switzerland, it is rather remarkable that there are no farmers in this branch of the Federal Assembly. [99] GOVERNMENT OF SWITZERLAND In the National Council the professions are represented as follows: lawyers, seventy-eight; journalists, thirteen; teachers, thirteen; physi- cians, twelve; former preachers, three; authors, one; engineering and architecture, two. Busi- ness classes send quotas as follows: manufactures and mechanical, twenty-two; transportation, three; trade, sixteen, of whom four are bankers and two are hotel-keepers; agriculture, sixteen; no occupation stated, ten. From the point of view of economic experience, therefore, the National Council is more broadly representative than the Council of States. Absence The Swiss National Council is far more stable "' in composition than the American House of system of '^ . t i i i rotation Representatives. In the latter the average pro- portion of new members is from a fourth to a third. ^ Only twelve of the 189 members of the present National Council, or 6.3 per cent, are serving for the first time. Seven members had been elected to ten or more triennial terms. The Swiss Council of States also shows a greater average period of service than the Senate of the United States. In 1916 there were twelve representatives in the Swiss Council of States who had been members of that body for twenty years or more, while in the Senate of the United ' For the last three Congresses of the United States the figures are as follows: 62d Congress, 32.2 per cent of new members; 63d Congress, 34.3 per cent; 64th Congress, 27.4 per cent. [loo] w m H <; O H On rt IT) LOf.4 00 ^ con ^< , O^ 00 ■ O uo in'tw CflO enO «nO t^OO w*^ ■* c^iH O M O) M 00 iH tort M c» « t* M c^ LOCO 2 I I § « ii s cs a -!2 Ui > c c 3 Q. O 4-1 c •a 2 -g ■3 o. o a o 1 ^ 60 .5 c t: -0 fi g g U 1h M IV, W c £■ Ui ■3 E "^ 09 C £3 bo 4-1 C tu = <^ ^ ;y "a ^ "S [138] FEDERAL LEGISLATION Pi "< < < < < (3r« < < < < <; < ►H u^ _. O _- rt „ o\ . . ■* "^ « I-" „ «n -- HI HI ns 1 >5: ^ S> MMW ■ Q \b« oncos^s s-s ag &?! HI ►- ^ p» c^ « ^ M w •^ « ■♦ M E;- « U> n CO _C s e 'a ■c .g c fe t— « ^y « *C § o c *o s B ■E ) c 3 tlO c J " a » i s ■c 4J 13 1. t a s s c 1 ■a B Cfl 4.1 "c "i C4 o « 4^ 1 -0 c 1. ■■? j: 2 "2 .S •?°s c c > 4-1 1 ■c 1-4 3 to o 3 03 3 U Rl 4_( oj C*4 S3 '* J ^ "2 O ■1 S *ca CO c 13 E 3 3 a J§ J is ■ 2 6 I 1 ' ^ J tii C4 3 .e c .s bO tn o tli 1 S I o n U) ai) 1 :e O .5^ .S e •s 'Z "iii-s .5 i ■c 2 •c o 1 1 III «j 3 s E (U " u "i i f^ CM U Q Oi Oh ^ s »H «*■ J? .j: XT 1 -^ • JT ^ en HI 1 -3^ l— 1 1 i 1 4 _> "= (S ►s. s w IN 1^ oc (^ **! u- oe t* 1 -c^ lA tC HI M H 00 HI §> M HI s > > ON 0^ C ^ i CI39] GOVERNMENT OF SWITZERLAND the first half of the period under consideration (1874 to 1895 inclusive) they vetoed four out of ten; during the second half (1896 to 1917 in- clusive), only one out of twelve. Class!- Classification of so extended a list of legislative arnmd"' P'^oj^'^ts is not easy. In general, however, it ments may be said that amendments dealing with economic and financial subjects were more numerous than those of any other category. To the former group belong the three patent amendments, the first rejected in 1882, the second and third accepted in 1887 and 1905 respectively; the provisions for the establishment of the alcohol monopoly, accepted in 1885; of the banknote monopoly, accepted in 1891; and of the match monopoly, rejected in 1895; and finally the forest police amendment, accepted in 1897. Since the outbreak of the European war two other amendments of this character have been adopted: one authorizing a special tempo- rary war tax, accepted in 1915; the other per- mitting the federal government to levy stamp taxes, accepted in 1917. Second in number only to the foregoing are the measures falling within the closely related field of social economics. These include work- men's insurance against sickness and accidents, accepted in 1890; the trade union amendment, rejected in 1894; the pure food amendment, accepted in 1897; the provision for school sub- ventions, accepted in 1902; uniform federal C 140] FEDERAL LEGISLATION industrial legislation, accepted in 1908; and the infectious diseases amendment, accepted in 1913. Three amendments fall within the group of governmental and political changes: the provision for partial revision of the constitution by initia- tive, accepted in 1891; the attempt to centralize army control, which failed in 1895, but in the form of a statute was accepted with modifications by the optional referendum in 1907; and the amendment distributing the business of the Federal Council and creating a federal administra- tive court, accepted in 1914. Two questions primarily of a moral character were also disposed of in this manner. One of these, dealing with the sale of liquor, was defeated in 1903; the other revived the death penalty, which had been abolished by the constitution of 1874. Shortly after the latter date, however, a series of shocking murders so aroused the people that an amendment permitting the reintroduction of capital punishment passed both houses of the Federal Assembly and was approved in 1879, although by a majority of less than 20,000 votes. In order to become effective this action required amendment, in the same manner, of the various cantonal constitutions. As such action has been taken by a small number of cantons only, the death penalty still remains suspended through- out the greater part of Switzerland. It should be noted that the amendment of 1879, restor- ing the death penalty, expressly provided that [141] GOVERNMENT OF SWITZERLAND it should not be pronounced for a political of- fense. Finally, two amendments of November 13, 1898, which do not fall readily within the above classification, have proved to be of the utmost practical importance. One of these provided for a uniform civil code, the other for a uniform criminal code.^ II. The Constitutional Initiative The initiative was first introduced into a number of cantonal constitutions following the revolutionary movement of the thirties. Al- though regarded as an extremely dangerous innovation by the conservatives of that era, it made such a favorable impression that it was incorporated in the federal constitution of 1848. A clause in the same instrument imposed it upon the cantons by making it an essential' to the guarantee of their constitutions by the federation.^ Reform It WES the exptess opinion of the constituent taitiative assembly of 1848 that the initiative should apply 1891 to partial as well as total revisions. In 1879, however, when a petition signed by over 50,000 qualified electors praying for the establishment of a bank-note monopoly was handed in, the Federal Assembly refused to consider the matter in this form. In the opinion of the legislature the right of the people extended only to asking 1 See Chapter VII. « Art. 6, cl. c. [142] FEDERAL LEGISLATION for a revision of the constitution in general terms. This meant that every attempt to secure by initiative an amendment to the con- stitution, no matter how specific and narrow its terms, would result in throwing the whole docu- ment into the melting pot. Under the system then existing, moreover, every initiative petition which received a majority upon submission to the popular vote was to be followed by the dissolution of the two houses and the election of a new legislature for the purpose of undertaking the revision. It was doubtless in order to prevent such a dissolution that the Federal Assembly of 1879 refused to act upon a specific initiative petition. Confronted by the prospect of so much unsettlement in order to secure so small an amendment, it is not strange that the people voted unfavorably (October 31, 1880) upon the proposal to proceed with the initiative. But as a result of the somewhat arbitrary action of the legislature in this matter, an agitation was begun for the establishment of the initiative in unequivocal form. In 1891 this movement was successful, and the constitution was amended to permit partial revision upon the initiative of 5o,cxx3 voters and to eliminate the necessity of electing a new legislature in such cases.^ Peti- ^ According to a law passed January 17, 1892, signatures to initiative petitions must be collected within a period of six months. The Federal Assembly is given a year to decide whether it favors a proposal brought forward in this way. If C143] GOVERNMENT OF SWITZERLAND doners may now present their request either in general terms or in the form of a completed draft. In the former case, if the proposal meets with the support of the legislature, the latter formulates the amendment in accordance with the sense of the petitioners and submits it to a vote of the people and cantons. If the Federal Assembly disagrees with the general proposal of the peti- tioners, it may submit the question to the people. In case the latter upholds the petitioners, the legislature must proceed with the revision. When the petitioners submit a formal draft which meets the approval of the legislature, the amendment is submitted forthwith to a vote of the people and cantons. If the Federal Assembly is not in agreement with the submitted draft, it may recommend its rejection, or it may submit a counter proposition at the same time that the initiative amendment is voted upon by the people and cantons. In the last analysis, there- fore, 50,000 Swiss voters may compel the sub- mission to popular vote of any constitutional amendment, provided it be in the form of a completed draft. All that an unwilling legisla- ture can do is to submit a counter proposal or advise the people to vote down the initiative project. When one recalls the great length of it takes no action within the year, the Federal Council submits the proposal to the vote of the people. However, no time limit is fixed within which the Federal Assembly must draft a measure proposed by initiative. [144] FEDERAL LEGISLATION (ii % Q t* t^O 00 < \0 -H 1^f4 u^ ;f ^> w*^ i-TtH voO »^00 ^O ^00 lo** nTo -^t-l O « S A) o B 1.£ps:s Z^ 3 a H O a J ? 8 > o o S c *J sis' : C . o . o. ■ o : >, ■O .(J - :-?3 o « o 0.2 o-'c g . >> o o^ o i.i-s esc ■a," .S3 a^ 2^ MO g''^ flj w S- -.5 M e H C4 ^ •M u P B 3 d 3 1^ rt a o .2 2 H S Pi Q 3 3 03 b M « o i 9 < •— > 1 f^ ^ ■* 0^ ON 00 00 00 > & « o o C Z Z O <7v o^ 5^ 3 O U >^ o o CI45] GOVERNMENT OF SWITZERLAND the federal constitution and the extended list of topics which it covers, it is evident that the Swiss initiative in its present easily workable form conveys large powers of constituent legisla- tion to the people. In the preceding table are presented all cases in which the initiative has been invoked since the constitutional revision of 1874. Results Out of ten attempts to amend the constitution attained j^y ^.j^g initiative, only three have been successful, initiative This is in sharp contrast with the fate of the amendments fostered by the legislature, of which seventeen out of twenty-two were sustained upon referendum. In the latter case, of cpurse, the presumption is that the proposed change must have wide popular support, as otherwise the two houses would hardly take it up. An initiative proposal, on the other hand, is under- taken precisely because the legislature stands out against it, presumably since the representa- tives feel that it does not command a popular majority. In a sense an initiative proposal is a wager by the petitioners that their judgment is better than that of the Federal Assembly, made after the latter has had an opportunity to place all the favored bets itself. Hence the much greater mortality of initiative than of legislative amendments. Four of the initiative amendments presented in the above table are in the nature of governmen- tal and political changes, viz., the unsuccessful [146] FEDERAL LEGISLATION attempts to establish proportional representation in 1900 and 1910; the proposal to elect the Federal Council by popular vote, ^ defeated in 1900; and the proposal regarding the apportion- ment of the National Council, defeated in 1903. Three initiative proposals were eco- nomic or financial in character: the attempted total revision to secure a bank-note monopoly, defeated in 1880, but carried in 1891 by an amendment originating in the legislature; the proposal to divide part of the federal customs revenues among the cantons, defeated in 1894; and the important water-power amendment, carried in 1908. The "right to work" initiative, defeated in 1894, falls in the field of social economics. Prohibition of absinthe, carried in 1908, was a moral issue, and this was to some extent true also of the initiative regarding methods of slaughtering animals, carried in 1893. Earlier writers on the Swiss initiative have Vaeot been too much inclined to condemn the institu- '^"*''^« to tion because of the uses to which it was put regulate during the first few years of its existence. Most ^^^°^^ obnoxious of these was the last-named amend- siaugh- ment, regarding the method of slaughtering '*""* animals, surely a most unusual proposition to inject into a federal constitution. On this point, however, it is worth observing that if the initiative were applicable in the case of ordinary legislation, it is improbable that the proposal would have taken constitutional form. As pre- [ 147] GOVERNMENT OF SWITZERLAND sented by 83,000 petitioners, — more than 30,000 in excess of the required number, — it read: "The killing of animals without benumbing before the drawing of blood is forbidden; this provision applies to every method of slaughter and to every species of animals." ' Originally advocated by the S. P. C. A., this proposal soon became a vehicle of anti-Semitic feeling, which exists in Switzerland, although not to the same extent as in some of its greater neighbors. To the honor of the federal legisla- ture, both the National Council and the Council of States urged that it be voted down. Never- theless, it carried by a majority of nearly 75,000, although the total participation was the smallest recorded in any of the ten Swiss initiative votes. The result has something of the appearance of a fluke; the advocates of the measure seem to have turned out in full force, while its opponents remained at hbme. If so, this first attempt to use the initiative for partial revision may serve as an excellent lesson on the folly of allowing such matters to go by default. While savoring of petty persecution of the Jews, the action taken seems to have been of little practical importance. No penalty is provided in the amendment, which makes it a dead letter in the cantons which do not choose to enforce it. Although petitioned to do so, the federal legislature has refused to 1 Art. 25, ii. Cf. Dodd, "Modern Constitutions," II, 263. [148] FEDERAL LEGISLATION pass a law inflicting a penalty for the trans- gression of the amendment.' A year later two amendments were proposed socialist by initiative. The first, which originated with *°°^^ the Socialist party, sought to establish the right initiative to work and the duty of the state to provide it. Details of the demand included reduction in the hours of labor, establishment of workmen's exchanges, insurance against unemployment, and the creation of "an official board ... to which workmen might appeal against their masters." It was defeated by a vote of four to one. In the same year a raid on the federal treasury was attempted. If it had succeeded some six millions of francs, derived from customs duties, would have been taken from the national government each year and distributed among the cantons at the rate of two francs per capita of their population. After a heated campaign which brought out a heavy participation, this proposal was defeated by a vote of more than two to one. The first period of the Swiss partial initiative thus closed with one rather disgraceful futility to its account, and two dangerous proposals defeated. In the way of positive and encouraging results, it oiFered little besides the incidental education of the electorate and the impressive emphasis with which the last two initiative proposals were defeated. For six years no successful attempt was made 1 Deploige, " Referendum in Switzerland," p. 236. C149] GOVERNMENT OF SWITZERLAND to invoke the federal initiative. When, in 1900, it again began to be actively employed, the measures thus proposed had taken on a different character. With two exceptions they embodied moderate political reforms in favor of which much can be said. Proportional repre- sentation was defeated twice, first in 1900 and again in 1910. In the latter year it carried a majority of the popular vote, but failed of acceptance because the cantonal vote was against it, the only occasion that the two have been in disagreement since the constitution of 1874 was adopted. Election of the Federal Council by popular vote, defeated in 1900, and the appor- tionment of the National Council upon citizen population exclusively, defeated in 1903, are both projects which have much in their favor. There seems to be general agreement that the water-power amendment, proposed by initiative and accepted in 1908, is a valuable piece of constructive legislation. Absinthe The absinthe initiative of 1908 resembles the reestablishment of the death penalty twenty-one years earlier, in that it was the result of a wave of popular indignation. In certain parts of Switzerland the use of this liquor was the cause of much demoralization. A series of atrocious murders committed by a workman while under its influence led to the circulation of initiative petitions which received 167,814 signatures, — more than three times the number required, [150] InltlaUve FEDERAL LEGISLATION Both houses advised acceptance of the measure, and it was carried by a large majority. The amendment thus added to the constitution prohibits in the whole extent of the federation the manufacture, importation, transportation, sale, and storage for the purpose of sale, of absinthe and its imitations, to take effect two years after its adoption. By a law passed June 24, 1910,^ the federal legislature provided in detail for the execution of the amendment. At present (1917) four federal initiative pro- posals are pending in Switzerland. One of these, with 118,901 signatures, prohibits the establishment of gambling houses, a few of which, despite Article 35 of the constitution, are tolerated in Switzerland, — chiefly, it would seem, for the use of tourists. Encouraged by the popular vote of 1910, advocates of proportional representation have brought it forward for a third time, securing 122,080 signatures to their petition in 1913. A proposal for the submission of treaties with foreign countries to referendum vote received 64,391 signatures. In order to avoid political agitation during the war, the submission of these measures to the electorate has so far been postponed — not, however, without considerable grumbling from their ad- vocates. Quite recently, however, the Socialists have brought forward a petition signed by 108,064 voters, proposing that the federation shall be 1 A S. XXVI, I0S9. [151] GOVERNMENT OF SWITZERLAND Initiative measures since 1900 moderate In empowered to raise an annual direct progressive tax on property and incomes, one tenth of the gross proceeds to go to the cantons.* Whatever grounds for criticism may be afforded by the earlier experiences of the Swiss with the initiative, it seems to have justified itself from 1900 on. The measures submitted during the character later period were moderate and progressive. Those which failed laid an educational founda- tion for reforms which are likely to be made in the not distant future, while the two successful amendments represent substantial achievement. The permanence of the present constitutional initiative is assured, and there is considerable advocacy of the proposition to extend it to the enactment of ordinary federal legislation.^ An amendment to this effect was presented by the Federal Council to the Federal Assembly in 1906, and after debate in the lower house referred back to the Federal Council for further report.' III. The Optional Referendum While the constitutional referendum owes its origin to America, the referendum on ordinary legislation is a typical Swiss product. A some- what similar institution existed in Valais, Grau- bunden, Bern, and Geneva prior to the nineteenth ^ Amerikanische Schvieizerzeitung, August 23, 1917. ^ Cf. Klaus, "Die Frage der Volksinitiative," pp. 37 et seq. ' Cf. Dodd, "Modern Constitutions," II, p. 280 for text. C 152] FEDERAL LEGISLATION century, but the modern legislative referendum was a result of the revolutionary movement of the thirties. First adopted by St. Gall in 183 1, it spread rapidly to other cantons, and now exists in all of them except Freiburg. It became a part of the federal constitution as a result of the general revision of 1874.^ The Swiss legislative referendum differs from both the constitutional referendum and the constitutional initiative in that it takes no account of the vote by cantons. In other words, the acceptance or rejection of a federal law submitted to referendum depends solely upon the majority of the popular vote. The refer- endum may be invoked in the case of all laws, and of all resolutions which have a general application and which are not of an urgent nature. Interpretation of these two qualifications applying to resolutions is left to the legislature, the decisions of which have not infrequently been criticized as illogical and inconsistent. In practice, treaties, the annual budget, money subventions for local improvements, and decisions upon concrete questions submitted to the legisla- ture, such as cases of conflict of authority, approval of cantonal constitutions, etc., are exempted from the referendum. On laws and resolutions subject to it a period of ninety days is allowed from the date of their publication in order to afford time for circulating petitions. 1 Art. 89. [153] GOVERNMENT OF SWITZERLAND ON 4 ^ oo S5 u m s Pi £ ij (U < > » O rt O ■& h-1 & CO [154 u a 3 &b M 0.21 ^ te ii 2 E.S i a §, Pi00 m tN. "^ c<^ 1^ "-n c^ O NOOOO mN voc^>-< Oslo ts.mtO'^rO •-< trjLo ^f 00 ■^ On O O OSOO tN.00 l-t M U-J CO .S o = >• o -M .a 3 «^ i §."5:2 «" 1 _^*3 o] PS » S '-' " S K'i^ C/S t3 H J f-i Cw CL, <; 1-1 O," ^ CO VO to On O M '^^ « 00 NO IS 00 « ■'^■OO O "O C» NO Tf- i-i Tf- t^VO Qs Tf- O 00 00 O -^ On lo >^NO O tN. 0\ CO NO NO -*vnO MO ^ CO \ CO M On • - o !S °- jj o ^ c o 2 eg (4 t-i 4>- « ^ &13 ^ wag 5 tJ S s c 5 C w S " §'2 a 8 S » a E « — I a W)rt^ u a* -.5 S^ 3 .^ U >i ^W Its • CO C • n . o " ^ 2 ;z;o I'D S ■ U M C - 4-1 cj u . « r -a . I- o I : c « oi'" C C g J:! ,2 S »• « c S C « rv e; s .11 n u N u ~ U CO M (A « !" "3 s:a wi u - "1 2 -iZtn ■41 jC O^ "^ "^ 1^ lOVCTvO NO t^ 00 Q CO CO Ni? 1^ cT OOOOOOOnOnOnOnOnOsOnOn OnO QO OOw 0000000000000000000000 OOON onOn OnonOn GOVERNMENT OF SWITZERLAND Thirty thousand signatures are required, but frequently this number is greatly exceeded. Although eight cantons may demand a referen- dum upon federal legislation, no action of this sort has ever been taken. ^ In the preceding table the results of all Swiss federal referenda are presented from 1874 to 1917. Results Between 1874 and the end of 1908, 261 laws "', and resolutions subject to referendum were referen- , ■' dum votes passed by the Swiss federal legislature.^ Of these, thirty were brought to a popular vote, and nineteen were rejected. Stated in bare statistical form, therefore, the net effect of the referendum was to invalidate slightly more than 7 per cent of that part of the legislative output to which it applied. During this period a num- ber of weighty measures were passed against which petitions were not even circulated.' Of the thirty federal measures subjected to the referendum, fourteen may be classified as economic or financial, four as falling in the field of social economics, eight of a governmental or political character, three dealing with penal matters, and one, the marriage and registry act ' A federal law of June 17, 1874, provides that cantons desiring a referendum must take action through their legis- latures. Cantonal constitutions may reserve to the people the right to amend legislative resolutions of this character. 2 Curti, "Resultate,"p.36. ' Ibid., p. 37, for list of such measures. [156] FEDERAL LEGISLATION of 1875, ^s primarily moral in character. The more important of these measures are taken up at some length in the chapters dealing with the general subjects to which they refer and need no further discussion here. General considerations on direct legislation in Switzerland In the United States it is customary to state the number of signatures required for initiative and referendum petitions on a percentage basis. Switzerland, it will be recalled, fixed definite numbers; namely, 50,000 for the former and 30,000 for the latter. With the growth of population, therefore, it becomes relatively easier to secure the requisite number of signatures. In 1848, it was estimated that there were 400,000 qualified voters, which made the initiative requirement equivalent to 12^ per cent.^ At the end of 1910, there were 820,000 qualified voters in Switzerland.^ On this basis the number required for initiative petitions amounts to 6.1 per cent and for referendum petitions to 3.6 per cent. These percentages are much lower than those usually fixed in the United States. The same methods of collecting signatures How prevail in the two countries, and the same com- f|^*' plaints are heard with regard to the abuse of secured persuasion, the use of personal and political ^ Klaus, op. cit., p. 64. ' Curti, op. cit., p. 73. C 157] GOVERNMENT OF SWITZERLAND pressure, and the like. In Switzerland also canvassers are sometimes employed and paid at a fixed rate for each signature secured. Some cantons, however, require that petitions be kept at the town hall, voters who desire to sign them being obliged to come there for the purpose. A federal law requires that the presiding officer of each commune must bear witness to the fact that those who have signed the petitions are qualified voters. Forgery of signatures is punish- able by a fine, and in aggravated cases by im- prisonment for a term not to exceed two years. ParHci- Owing doubtless to their more perfunctory pauon character, participation is lower in the obligatory constitutional referenda than in initiative and legislative referenda, the average vote on the for- mer from 1874 to 1917 being 339,608 and for the two latter 404,677 and 407,090, respectively. During the second half of this period the average vote fell slightly in the obligatory referenda, but increased considerably in initiative and optional referenda. Experience in the United States also shows that the people take less interest in proposi- tions that come before them automatically than in those which require petitions and the conse- quent agitation necessary to procure signatures.^ On individual measures the participation shows wide variation, as a glance at the tables presented above will show. The lowest percentage quoted 1 Holcombe, "State Government in the United States," Ch. XIII. C158] FEDERAL LEGISLATION by Curti occurred July lo, 1887, in connection with the second vote on the patent amendment, when only 40.4 per cent of the qualified voters appeared at the poUs.^ In this case the light vote was due to the conviction that the amend- ment was certain to pass by a large majority. On the other hand, participation has frequently exceeded 70 per cent. In the case of the im- mensely important law of 1898 providing for the nationalization of railroads, a total vote of 569,352, or 77.6 per cent of the number of qualified voters, was recorded. In considering these figures it should be remembered that ordinary elections in Switzerland, i.e., elections to choose between candidates for office, bring out only from one to two thirds of the qualified voters as a rule." In the forty-three years that have elapsed since the constitutional revision of 1874, the Swiss people have been called to the polls forty- six times, to vote on sixty-two federal initiative and referendum measures. The largest number voted on in any year was five (1891), and on any one day, four (May 11, 1884). Of course can- tonal and communal initiative and referendum proposals also come before the electorate; yet the ballot is never overburdened, as seems to be the case too frequently in the United States. In the populous canton of Zurich, for example, counting both federal and cantonal proposals, 1 "Resultate," p. 68. * P. Pfliiger, "Handspiegel fur Nationalratswahler," p. 6. C159] GOVERNMENT OF SWITZERLAND the largest number ever voted upon in one day, between 1874 and 1894, was nine. This was quite exceptional, as the average for the period per voting day was slightly less than two and a half. It is a far cry from such figures to the forty-two constitutional amendments submitted to Ohio voters in 1912, or the thirty-one measures voted upon by Californians in 1914. The An earlieV writer on the Swiss referendum d»m*not 'criticizes it as spasmodic in its workings.^ It is spasmodic no doubt ttue that in 1884, when the four measures as a rule facetiously known as the "four-humped camel" were voted down at a single stroke, the Swiss people were distinctly of the opinion that "those people in Bern needed a lesson." Yet even on this occasion the returns showed considerable discrimination as between the various proposals. On other occasions, as for example in 1877 and 1896, when more than one measure came before the people at the same time, they showed ability to accept and reject at will. A considera- tion of the whole experience from 1874 to 1917 indicates spasmodic action as the occasional exception, while careful discrimination according to the character of the measures submitted is the general rule. To one familiar with American conditions, the cost of a Swiss referendum election is in- credibly low. The chief items of expense to the federal government are for printing copies of the ' Lowell, "Governments and Parties," IL 254. [160] FEDERAL LEGISLATION laws for distribution to every qualified voter and for printing the ballots. Other costs are borne by the cantons and communes. It is estimated that the federal government pays from I to 4 centimes, the cantons i to 2 centimes, and the communes 4 to 7 centimes for each qualified voter, a total of from 6 to 13 centimes (^.012 to ^.025). For the federation as a whole this would amount to from ten to twenty thousand dollars. Party expenditures are not included in the above, but they are also exceedingly low, as the average Swiss voter does not need much persuasion to go to the polls. A stock argument against the referendum is Arga- that it reduces the legislature's sense of responsi- "^j bility by placing final decision in the hands of direct the people. It is a peculiarly difficult argument JfB**'*" to discuss, inasmuch as there is no opportunity to observe the conduct of the same legislature acting both with and without the referendum. One of the greatest authorities on the subject, himself for more than twenty years a repre- sentative of the Swiss people, expresses the opinion that "the referendum prevented but little good that we wished to do, but simply by standing as a warning before us, averted much evil. ... In spite of possible backward move- ments, it did not condemn democracy to a halt, but has given steadiness to progress itself." ^ Professor Rappard admits that there may have ' Curti, " Resultate," p. 71. C161] GOVERNMENT OF SWITZERLAND been some decline of political standards since the adoption of the initiative and referendum, but attributes it to other causes, chiefly the "anonymous, impersonal committee form of procedure which prevails in all Swiss legisla- tures." * Fear of the popular veto should tend to make legislators timid rather than reckless. If so, the initiative may be used to galvanize them into activity. In any event an otherwise popular legislator's support of measures which fall under the ban of the referendum is not likely to cause his defeat at the ensuing election. According to a humorist quoted by Professor Borgeaud, "the Swiss are a singular people: they disown their representatives, and then they reelect them." Another argument against direct legislation was that it would make party government impossible. The political atom would supersede the organization; purely mechanical combina- tions changing with each issue would dominate the political stage. Without stopping here to discuss the beneficence or maleficence of party government, it is certain that in Switzerland the initiative and referendum have not caused the break-up of political organizations. On the other hand, they have increased somewhat the influence of minority parties. A great many authorities on direct legislation urge its high value as a means of political educa- * "Annals American Academy," 43 : 142 (September, 1912). [162] FEDERAL LEGISLATION tion. In campaigns for the choice of oflficials, Edu- personalities necessarily play some part, but in ^°^ „, initiative and referendum campaigns there is a o o I- S -o O A. S. XXXI, 336. * Ihid., XXXI, 44S, Law of December 22, 1915. C199] GOVERNMENT OF SWITZERLAND ing all together ninety million francs. But it was open to one serious defect; namely, that by accepting it the federation morally bound itself not to trench a second time upon the tax pre- serves of the cantons. The war- Although the income from the "one-time war profits tax ^^^>' ^gg unexpectedly large, it became necessary to open up new sources of revenue almost imme- diately. The next step was the enactment of a war-profits tax.^ This is levied against the profits made since January i, 1915, by business undertakings in excess of their average profits for the last two business years completed before July I, 1,914. A minimum of such excess profits up to 10,000 francs and ten per cent of the average profits earned before the war is exempted. From profits above th^se limits the state takes twenty- five per cent. The war-profits tax is expected to yield nearly ninety million francs for the two years 1915 and 1916. Nine tenths of this is to go to the federation, one tenth to the cantons. The In 1917, the constitution was again amended ^ Itm** *° permit the federation to levy a stamp tax tax on securities, receipts for insurance premiums, bills of exchange, freight bills, and other com- mercial papers exclusive of those employed in real estate transactions and the mortgaging of real estate. Out of the net income from the tax authorized by this amendment, one fifth * A. S. XXXII, 351, Law of September 18, 1916. ' Art. 41 ii. Adopted May 13, 1917. [ 200] SWISS FEDERAL FINANCE is to be paid to the cantons. It is expected to yield between fourteen and fifteen million francs annually. Not the >least of the advantages of this new fiscal measure is the fact that it will establish a single federal tax uniform throughout the whole country, in place of the fourteen widely divergent cantonal taxes now in effect. Although the new stamp tax will be paid almost entirely by the propertied classes, it was opposed by the Socialists. They favor heavy direct progressive taxes on income and property as a means of meeting the present financial neces- sities of the federation, and have recently pro- posed by initiative an amendment to that effect. Leaders of the other parties assert that property and incomes are already taxed stifHy enough by the cantons! Further, they hold that an invasion of this field by the central government would mean the undermining and ultimate disappearance of the cantons. "L'impot direct federal serait la fin des cantons." At present, when Switzerland is torn by racial sympathies with the belligerents on both sides of the great war, it would be extremely dangerous, in the opinion of the non-Socialists, to advocate tax measures which could be interpreted, especially in the French and ItaHan sections of the country, as involving an assault upon cantonal autonomy. In addition to the foregoing tax proposals, the Federal Council advocated the creation of a tobacco monopoly whereby it was hoped to [201] GOVERNMENT OF SWITZERLAND realize twenty million francs a year.' Consid- erable opposition was developed to this project in the legislative commission to which it was referred, and the idea of a monopoly has been abandoned in favor of heavy tobacco taxes. The Federal Council has also proposed the extension of the alcohol monopoly to include liquors distilled from wine, fruits, and roots. It is estimated that three million francs a year might be obtained in this way. By a reform of the military exemption tax, which has re- mained the same since 1878, an additional two millions might be secured. If the war continues far into 191 8, however, all these new sources combined will prove inadequate. The The problems of Swiss federal finance are, hiture of therefore, by no means solved at the present finance time. They are very serious problems, but there seems to be no doubt of the ability of the coun- try to provide the necessary resources. On the whole, the leadership of the Federal Council has been admirable. Possibly more might have been accomplished by the earlier advocacy of a systematic reorganization of the fiscal system. Some delay was occasioned by the plea that it would be impossible to determine how much new taxation was necessary until the end of the war. After four years of war, however, it is manifest that reform must begin at once, regard- ' Botschaft des Bundesrats uber die Tabakbesteuerung, Neue Ziircher Zeitung, March 5, 1917. [202 ] SWISS FEDERAL FINANCE less of the size of the burden ultimately to be shouldered. The present problem is largely that of educating the people to meet the situ- ation promptly and adequately. Heavy as Switzerland's debt will no doubt prove to be, it will not be so great in proportion as the debts of the powers which actually engaged in the war. SELECTED BIBLIOGRAPHY Bullock, C. J. "The General Property Tax in Switzer- land." In "State and Local Taxation; Fourth Inter^ national Conference," pp. 53-86 (1911). Dawson, W. H. "Social Switzerland," Part VI (Control of the Drink Traffic). Landmann, J. "Swiss Banking Law." With text of the Federal Banking Act of October 6, 1905. U. S. Senate Doc. No. 401, 6ist Congress, 2d Session. Lloyd, H. D. "A Sovereign People," Ch. VIII (The Nationalization of the Alcohol Trade). Moses, B. "The Federal Government of Switzerland," Ch. IX (Army and Finances), Ch. XI (The Common Property). Seligman, E. R. a. "Essays in Taxation," Ch. XII, Pt. rV (European Literature on Taxation; Switzerland). Vincent, J. M. "Government in Switzerland," Ch. XIX (Federal Finance). C203] CHAPTER IX COMMUNICATION AND TRANSPOR- TATION: NATIONAL OWNERSHIP AND OPERATION OF RAILWAYS Slowness 13 AILROAD beginnings were somewhat later ofbegta- J\^ jj^ Switzerland than elsewhere in Europe. nlng of . rauroad The country offered no large economic resources enterprise f^^ exploitation, the physical difficulties to be overcome were considerable, and finally the political disturbances of the thirties and forties discouraged large investments. Only fifteen miles of railroad were in operation when the constitution of 1848 was adopted. With the establishment of stable political conditions, interest in transportation problems developed rapidly. The new constitution con- ferred upon the federal government the right of expropriation, and also the right to construct at its own expense or to aid by subsidies public works in the interest of the federation or a large part of the same.' In accordance with the first of these grants an expropriation law was passed, May i, 1850. Under the direction of the Federal Council a study of the railroad needs of the country had already been undertaken by ' Art. 21, Constitution of 1848; Art. 23, Constitution of 1874. [204] ODMMUNICATION AND TRANSPORTATION a body of experts, and in the autumn of the same year a thorough technical and financial report was published. At this time the great question at issue was whether the construction and operation of the railroads should be undertaken by the federation alone, or by the federation and cantons jointly, or whether, finally, the field should be left open to private capital. The financial resources of the youthful federation were so undeveloped as to make the first course impracticable. Joint action by federation and cantons was strongly favored by the Federal Council, but the Federal Assembly, fearing the risks of a business whose possibilities were at that time only dimly per- ceived, decided the case in favor of private enterprise.' The subsequent history of railroads in Switzer- land may be divided into three great periods: (I) Private Enterprise under Cantonal Control, 1852-1872; (II) Private Enterprise under Federal Control, 1872-1901; and (III) National Owner- ship and Operation, from 1901 on. I. Private Enterprise under Cantonal Control (1852-1872) Under the act of July 28, 1852, the federation The did not even reserve the right of granting fran- chises, which was conferred upon the cantons, of isss ' Law of July 28, 1852. C 205 ] railroad law GOVERNMENT OF SWITZERLAND It retained, however, certain regulatory func- tions, chiefly to insure expedition in military movements. Thus in 1854 the Federal Council issued an "order concerning the technical unity of Swiss railways," which fixed the standard gauge, radius of curvature, height in the clear of tunnels, height and width of cars, etc. The law of July 28, 1852, also required railroads to carry without charge letters and sealed packages not exceeding 5 kg. (i i pounds), to carry railway mail cars and postal clerks free, to permit the building of telegraph lines along the right of way without compensation, and to transport the army and military equipment at one half the lowest regular rates. In return the railroad secured the privilege of expropriation, and the right to import free of duty for ten years rails and other equipment and supplies, such as wheels, axles, locomotives, and coal. On their part the cantons exercised the fran- chise-granting powers freely and with rather marked benevolence to the private railway companies. In addition to considerable financial support, the latter were usually granted exemp- tion from cantonal and communal taxes, and received guaranties that competing roads should not be established in the same region or canton. These two valuable rights, which have been sus- tained consistently by the federal courts, gave rise to much confusion and controversy later. Considering the virtual abdication by the feder- [ 206 ] COMMUNICATION AND TRANSPORTATION atlon of its power in this field and the small size of the cantons, it is not remarkable that the railroad companies succeeded in withdraw- ing themselves largely from the supervision both of the former and the latter. In consequence Defects there was frequent complaint regarding the °' establishment of new lines, the sale of existing manage- lines to other companies, unsatisfactory con- "*"* nections at junction points, rate questions, and the arbitrary handling of liability cases by the companies. For the regime of private enterprise it must be conceded, however, that it rapidly covered the country with a network of railways more extensive than that contemplated by the plan of 1850. Toward the end of this period neighboring na- tions began to take steps toward state purchase of railroads, which profoundly influenced public opinion in Switzerland. The project of building a tunnel through the St. Gotthard, which came up about the same time, was manifestly too large for cantonal enterprise. Accordingly the federation negotiated a treaty with Italy, October 15, 18^, and authorized the Federal Council to execute its provisions through the Gotthard Railway Company. This would have meant the creation of two kinds of railway law, one for the Gotthard line, the other for the remaining rail- ways of the country. Objection was made by the Federal Council to this dual control, and on December 23, 1872, a new federal law was [207] GOVERNMENT OF SWITZERLAND enacted which materially changed the Swiss railroad situation. 11. Private Enterprise under Federal Control (1872-1901) The The most important provision of the law of railroad \%y2 was that transferring the franchise-granting 1872 power from the cantons to the federation. It is true that before exercising this power the federal authorities were bound to consult the canton or cantons affected. If the latter protested, the central government might nevertheless pro- ceed with the matter, subject to the right of the canton to build and operate the road on its own account. Other important powers secured to the federal government by the law of 1872 included supervision of construction costs and finances generally; the right to compel the build- ing of double tracks, extensions, etc., with compensation to the company; the collection of an annual charter fee proportionate to the net profits; and the right in time of war to take over and operate the railroads, subject of course to compensation. Following the law of 1872 there was much vigorous federal action on railroad matters. One year later it became necessary to establish a special department of railroad and trade in the Federal Council. Two laws passed in 1878 and 1889 dealt with pension and saving funds, [208] o erf g erf w H O Q < COMMUNICATION AND TRANSPORTATION and another law, passed in 1890, with hours of labor. Under the latter heading a maximum day of twelve hours was established, with a rest of one hour at about the middle of the period. Employees were also given fifty-two days free from duty each year, at least seventeen of which were to fall on Sundays. Transportation of ordinary freight (not fast freight) was prohibited on Sundays. In 1873, a charter law defined in great detail the procedure to be followed in this field. One of its provisions required a majority of railroad directorates and other committees to be com- posed of Swiss citizens residing in the country. This was the first attempt to deal with foreign influence in railroad management, — a sore point with the Swiss from the start. But the most Looking important of its provisions dealt with the purchase |°"'"'' of the lines, fixing the earliest time at which it purchase could take place at May i, 1893, and thereafter at any time, three years' notice to be given. This date was chosen because it coincided with the expiration of a number of important fran- chises. The price to be paid was stated at twenty-five times the average annual net profits for the ten years immediately preceding the giving of notice. Lower ratios were stated in case purchase did not take place earlier than 1 91 8 or 1933. In no case, however, was the price to be less than the amount originally in- vested, minus renewals and reserve funds. - [209] GOVERNMENT OF SWITZERLAND Under the conditions of purchase just quoted, it is evident that exact definition of the terms "annual net profits" and "amount originally invested" becomes a matter of prime impor- tance. Looseness in this particular might so enhance the cost of the roads as to make their purchase by the government an act of supreme financial folly. To guard against this danger, the federation armed itself with the two account- ing laws of 1883 and 1896.^ The first of these aimed primarily to secure uniformity and exact- ness in railroad accounting, the second to define with the greatest precision and detail the meaning of annual net profits and capital investments. In Case of differences between the government and the private companies, appeal could be taken to the federal court. Much of the success of nationalization when it finally came about was due to the foundations laid by these two laws. The method of purchase laid down in the legis- lation of 1873 did not preclude the employment of other methods. One of these, known as the "systeme de penetration,"^ consisted simply in the purchase of shares of railroad stock by the government with the intention of securing a controlling interest. Negotiations to this end ^ The law of 1896 was sustained by referendum vote, Octo- ber 4 of that year. English translations of these two laws are presented in Vrooman's "American Railway Problems." ' Micheli, "State Purchase of Railways in Switzerland," p. 361- [210] COMMUNICATION AND TRANSPORTATION with the Northeastern Company broke down in 1887-8, but a few years later the federation obtained a large block of stock in the Jura- Simplon road. Encouraged by this success, Failure the government undertook to purchase the entire °'„^. stock of the Central system. But the referendum *™*"'" was invoked against the project, and on Decem- ber 6, 1 891, it was defeated by a vote of more than two to one. This result was interpreted, fallaciously as the referendum of 1898 showed, to indicate popular hostility to government ownership. In reality it was due to the wide- spread conviction that the federation was being asked to pay too high a price for the Central Railway shares. At any rate the referendum of 1 89 1 put an end to the policy of penetration. Thrown back upon the method of purchase Nationaii- proposed in 1873, the Federal Council drew up ""°" and submitted to the Assembly on March 25, railroads 1897, a bill "concerning the acquisition and "pJ"""* operation of railways on the account of the referen- federation, and the organization of the adminis- *"™ tration of the Swiss federal railways." ' Follow- isss ing its usual practice in the case of important legislative measures, the Federal Council accom- panied the bill with an extended message explain- ing and defending it in detail.^ After exhaustive * An English translation may be found in Vrooman's "American Railway Problems," pp. 315-331- * "Botschaft des Bundesrats an die Bundesversammlung betreffend den Ruckkauf der Eisenbahnen vom 25. Marz, 1897." [211] GOVERNMENT OF SWITZERLAND discussion and comparatively few amendments by the two houses, the bill was passed, October ^5> 1897. The "anti-acquisitionists" at once resorted to the referendum, and the matter was thus thrown open for discussion by the whole Swiss people. One of the most spirited cam- paigns in the history of the country ensued. The bill was supported strongly by the dominant Radical party organization, and, with some reservations, by the Socialists, who saw in rail- road nationalization an opportunity "to win out of capitalism as conquered territory, a do- main which has up to the present time remained subject to its sway." A majority of the Catholic Conservatives and Liberal Conservatives opposed purchase, partly on economic grounds, partly because they feared it would cause an enormous increase of power in the hands of the federal government. On February 20, 1898, so over- whelming a majority of the popular vote was cast in favor of national ownership and oper- ation that it surprised both acquisitionists and anti-acquisitionists. Switzerland thus entered upon the biggest economic experiment in her history, with the assurance that it had the sup- port of the great mass of the people behind it. [212] COMMUNICATION AND TRANSPORTATION III. National Ownership and Operation, (1901 on) The law of iSgIS provided specifically for the purchase of the five great trunk lines of Switzer- land, with an aggregate length of 1598 miles. A few standard-gauge roads of minor importance, some narrow-gauge roads, and some mountain roads were not included, but the government was given power to make further purchases as occa- sion warranted. In the Federal Council's mes- sage the total cost of the five trunk lines was estimated at 964,176,000 francs. The prices actually paid were determined by agreement in all cases except that of the Gotthard Company, which exercised its right of appeal to the Federal Court.^ All together the government actually paid 1,065,127,000 francs for the five trunk lines, the excess over its original estimate being due to no error of calculation but to the rapid and favorable development of the railroad busi- ness after purchase had been decided upon.* For the additional one hundred million francs corresponding values were received. By subse- quent purchases and by extension^ of existing lines the mileage owned had grown to 1705 by 1 The lines were taken over as follows: Central Railway, July I, 1901; Central and Northeastern, January i, 1902; United Swiss, July I, 1902; Jura-Simplon, May i, 1903; and the St. Gotthard not until May i, 1909. 2 Graphisch-statistischer Verkehrs- Atlas der Schweiz, 2d ed., 191S, P- 5. C213] GOVERNMENT OF SWITZERLAND 1912, in addition to which 155 miles were oper- ated by the government. In the latter year the total railway debt was i,426,ooo,cxx) francs, but the increase of the interest burden was less than that of the income per mile.* Organi- In the organization of the lines taken over by "**"" the state the fundamental principle laid down railroad by the law of 1898 was that, so far as possible, adminiB- railroad administration should be kept separate from other branches of the government. Politi- cal influence was thus reduced to a minimum. The accounts of the federal railways are kept entirely distinct from those of the federation, and it is therefore possible to ascertain the financial condition of the former at any time. For administrative purposes Switzerland is divided into five railroad circuits or divisions. In each circuit there is a directory composed of three members. Above the circuit directories there is a general directory of five members, located at Bern. Members of both circuit and general directories are appointed by the Federal Council. The actual management of the federal roads is in the hands of those directories, local mat- ters being intrusted to the circuit directories and matters of wider scope to the general directory. Paralleling these managerial bodies there is a system of advisory boards, the composition and functions of which are most interesting. In each circuit there is a circuit railway council * Politisches Jahrbuch, 1913, p. 629. [214] COMMUNICATION AND TRANSPORTATION of from fifteen to twenty members, four of whom are chosen by the Federal Council, and the remainder by the cantons. Above these local councils is an administrative council of fifty-five members, twenty-five of whom are chosen by the Federal Council, twenty-five by the cantons, and five by the circuit railway councils. The law of 1898 directs that in choosing these coun- cilors the agricultural, trading, and industrial interests of the country shall be represented. While the law was under discussion, the Federal Council also gave verbal assurances that railroad employees and other interests would be given places. The circuit railway councils and the administrative railway council have advisory and supervisory powers on all questions con- cerning railway affairs in their respective fields. Primarily their purpose is to bring to the atten- tion of the actual directing boards a knowledge of railroad conditions and public opinion thereon, as well as a knowledge of the conditions and opinions of those business interests which make the greatest use of railroad facilities. They insure publicity and thorough discussion of trans- portation questions, and "lead the patrons of the railways to feel that those who pay the rates have a share in the responsibility for their making." ^ Admirable as many of its features ' A. N. Holcombe, "First Decade of the Swiss Federal Railways," in "Quarterly Journal of Economics," 26:352 (February, 1912). C215] GOVtHNlVltN 1 Ob bWUZh-KLAND are, however, the Swiss system of railroad organization described above has shown itself somewhat complicated and cumbersome in prac- tice. Administrative reforms designed to sim- plify it are widely advocated and will doubtless be undertaken in the near future. Above the specific agencies for railway adminis- tration stand the Federal Council and the Federal Assembly. In addition to its appointive powers already noted, the former presents to the legisla- ture the annual railway budget, accounts, and business reports; makes motions regarding the extension of lines and services; and deals with pension, aid, and sick funds. The Federal Assembly approves the budget, accounts, and business reports; loan and amortization plans; and agreements for acquiring new lines or oper- ating secondary lines. Further, it legislates generally on rates, acquisition and building of railroads, and remuneration of employees. In its message of 1897, the Federal Council advocated nationalization on the ground that it would make possible the extension and improve- ment of the railway system, reduce rates, increase wages, and improve labor conditions. Authori- ties on the subject generally agree that all these anticipations were substantially realized before the end of the first decade of state ownership and operation. Figures dealing with mileage extension are quoted above. New trains were scheduled, speed was increased, the supply C216] COMMUNICATION AND TRANSPORTATION of rolling stock was extended, roadbeds were improved, and new terminals and station build- ings were constructed. Freight classification was simplified, and the Freight practice of rebating, which existed under private ""* J T-i 1 1 J 1 lessens*' management, was stopped, ihe lowest schedule rates of passenger rates In effect under the old regime ""**' ^ . ° ° govern- was adopted as the standard under federal meat management. In 1913, normal fares on round- <'p«™"<»" trip tickets were as follows: third class, i.oi cents (American) per mile; second class, 1.55 cents; first class, 2.42 cents. Baggage was charged for extra, at the rate of five centimes (i cent) for 220 pounds. Third-class accom- modations are very largely used for short-distance travel; second class is quite comfortable enough for longer distances. First class offers little over second except style and exclusiveness, but it is Swiss policy, as the above figures show, to make those who can afford such luxuries pay rather stiffly for them. Commutation tick- ets, circular travel tickets, and season tickets which enable the holder to travel at will for fifteen, thirty, or forty-five days, are issued on even more favorable terms than the extremely low rates quoted above. Unlimited travel tickets good for three, four, or twelve months, at still lower rates, are also offered and very largely used by commercial travelers. Dire financial losses were predicted as a result of the reduced fares granted by the government, but passenger [217] GOVERNMENT OF SWITZERLAND traffic grew so rapidly that receipts were largely- increased.* Great ability and artistic skill have been shown in advertising the tourist attractions of the federal railways, and agencies for this pur- pose have been established in five foreign coun- tries.* A stock argument against state ownership is that it lacks initiative. In view of the innova- tions made to attract travelers, this criticism can- not be made against the Swiss federal railroads. Pro- Perhaps in no way has Swiss experience under gressive nationalization been more suggestive than in poUcies connection with its labor policies. Shortly after of Swiss ^Yie purchase of the roads the various grades of federal ^ i •<- , i • railways employees were classified, and maximum and minimum rates of pay prescribed for each class, with an increase for every three years of service until the maximum was attained. The total number of officials and employees in 1916 was 35,300.' When one remembers the excellent administrative traditions of the Swiss, it is not difficult to understand that these positions have not been misused for political purposes. Nor are positions created needlessly for deserving party workers. There have been no strikes or threats of strikes, although labor organizations are recognized by the management itself. The * Vrooman, op. cit., p. 141. ^ The New York ofiSce of the Swiss Federal Railroads is at 241 Fifth Avenue. From it folders, maps, time-tables, and other means of information may be obtained at any time. ' Neue ZuTcher Zeitung, No. 726, April 25, 1917. C218] COMMUNICATION AND TRANSPORTATION highest rates paid by private companies at the time of purchase were made the basis of the wage scale adopted by the government. Owing to the great rise of general prices from 1899 on, the unions of railway employees petitioned for an increase of wages in 1906, submitting many family budgets in support of their claim. After a thorough investigation by federal officials, the payment of a "high-prices-increment" was ordered, amounting in the case of married per- sons and others with dependants upon them who received less than 4000 francs a year, to 100 francs additional; and for all other employees with less than 4000 yearly, to 50 francs additional. In its message to the Federal Assembly advo- cating this increase, the Federal Council took occasion to comment upon the courteous tone in which the men formulated their petition and the reasonableness of their requests. Payment of high-prices-increments was continued for the two following years, extended in 1910, and taken into account in the new wage scale established by the law of June 23, 1910. More recently the great increase in the cost of living due to the war has led to a repetition of the policy of paying increments in addition to regular wages. In all these wage adjustments men with smaller incomes have received more in proportion than those with larger incomes. Under private manage- ment fancy salaries were paid to certain favored officials. These have not been continued under [219] GOVERNMENT OF SWITZERLAND state ownership. If they had been continued, they would have contrasted sharply with the modest stipends paid to even the highest officials in other branches of the federal government. Under federal management also the working day has been further reduced to eleven hours, which is shorter than the customary central European working day. Train crews must be given at least ten hours of unbroken rest in each twenty- four, and all other employees at least nine hours. More liberal provisions have been made regard- ing annual vacations and a weekly day of rest. Fiscal In nationalizing Swiss roads it was not the policies intention to create a fiscal monopoly which of , Swiss should yield a large revenue to the government. federal Q^ ^j^g Contrary, it was distinctly understood that the income of the roads should be used first to pay off the debt incurred at their purchase, and after that to provide for such improvements in service, reductions of rates, and increases of wages as were possible. According to the law of 1897, the loans necessary for the purchase of the railroads were to be repaid according to a fixed amortization plan, at the latest within sixty years. While the substantial achievements of the federal railroad management in other directions are generally conceded, there has been a great deal of controversy as to whether the debt could be paid off within the limit of time set. A masterly analysis of the situation by Professor Holcombe indicates that during the first nine [220] w ISO •z. o H Switzerland is based. Certain requirements as to number, organization, and instruction of troops were added in order to secure some degree of uniformity in the service. Apart from these general provisions, however, the earlier formula- tion of the constitution left military administra- tion in time of peace almost wholly in the hands of the cantons. And by another article, which still stands,'' the federation was expressly for- bidden to maintain a standing army. The weakness of this highly decentralized sys- tem soon became apparent. During the Franco- Prussian War especially the Swiss feared that their territory might be violated by one of the belligerents. As a consequence, the revised constitution of 1874 gave a much larger share of attention to miUtary affairs, strengthening considerably the powers of the central govern- ment. A law enacted the same year put into effect these new provisions of the constitution. ' It appears as part of Article 18 in the constitution of 1874- Art. 13. [250] THE SWISS ARMY SYSTEM In 1895, an effort was made by constitutional More- amendment further to centralize control of the f "" to army. After a heated campaign between "mili- centralize tarists" who emphasized the need of preparedness "™^ for defense and "anti-militarists" who feared the "Prussianization" of the country, the amendment failed by a popular vote of 269,751 to 195,178, the cantons dividing 17I against the measure and 4I for it. Somewhat later, agitation was renewed by the military party, and in 1907 a comprehensive law was enacted reorganizing the army. By the terms of this law the period of ordinary military training was somewhat lengthened, but the increased burden was placed largely in the earlier years of service where it would be least felt. Considerably higher stand- ards were established for the training of officers. Petitioners to the number of 88,245 promptly demanded a referendum on the new law, which was held November 3, 1907, with the result that it was sustained by a vote of 329,953 to 267,605, — a sweeping reversal of the referendum of 1895. The army act of 1907, which thus rests upon the approval of a decisive majority of the people, still remains the basis of the Swiss mili- tary system. Although not officially a part of that system, School preparation for it really begins in the primary !^°^g. schools of the country. At six years of age, on toiy the very day a boy enters school, he takes up ^^^^^ a course of physical training designed not only training [251] GOVERNMENT OF SWITZERLAND to bring about his maximum individual develop- ment but also to drill him to perform class and team exercises with vigor and precision. As far as the weather allows, this work is done in the open air. For pupils of ten and over all the schools of the country use the same textbook, — a "Manual of Gymnastics for Preparatory Military Instruction," — and their methods and results in this department are subject to the supervision of the federal government. Instruc- tion is given by male teachers, who receive special preparation for this work in the various Swiss normal schools and in special courses at the universities. Many such teachers, by the way, hold commissions in the army. The thorough- going democracy of the Swiss public schools, where children of all classes work and play together, and the teaching in these schools of civics and especially of the nation's history, with its century-long record of patriotic sacrifice and struggle, do much to form the spirit manifest in the citizen army of the country. While still in the schools students between the ages of eleven and sixteen may join volunteer cadet corps to practice the manual of arms, marching drills, and setting-up exercises. The federal government supplies each cadet with a light model of the regular army rifle and a certain amount of ammunition for target practice. At sixteen the student may join a more formal organization of the same general character, [25;^] THE SWISS ARMY SYSTEM except that the regular army rifle is used and there is more target practice. In some cantons boys of high-school age are required to join such corps. Army officers voluntarily give instruction to the cadets, employing Sundays and other spare time for this service. In his nineteenth year every young Swiss is Exomi- subjected to an examination to determine his """""^ fitness for military duty. This examination is deter- both physical and mental, the latter part covering "j^l^^ such branches as reading, composition writing, fltness arithmetic, civics, and the history and geography of Switzerland. About 63J per cent pass at the first test, 22§ per cent at subsequent tests, leaving about 14 per cent permanently rejected. Those who fail in the intellectual tests are sent to night schools to brush up their knowledge. Physical defectives are put through a course of special training for a year prior to reexamination. Young men who remain partly deficient physi- cally may be enrolled in auxiliary branches of the service as couriers, trench diggers, drivers, stable boys, or clerical workers. If the physical incapacity is complete, they must pay a yearly military exemption tax, which is also exacted from those who for special reasons are released from service prior to the age of forty. The bur- den thus imposed is by no means inconsiderable, being levied in part against income and property.^ An interesting by-product of the examination 1 See Chapter VIII. [253] GOVERNMENT OF SWITZERLAND of the youth of the country prior to entering upon military service is the educational effect resulting from the publication of the percentages of failures. These are eagerly scanned through- out the federation and are taken to indicate in some measure the efficiency of the instruction of the various cantons, of particular schools, and even of individual teachers. The resulting spirit of emulation has done much to raise educational standards throughout the republic, fiute. Liability for military service extends from Land- ^jjg beginning of the year in which the citizen and ' reaches the age of twenty to the end of the year Land- jjj which he is forty-eight. Three army classes are recognized: the filite or Auszug (first-line troops), from the twentieth to the thirty-second year inclusive; the Landwehr, from the thirty- third to the fortieth year inclusive; and the Landsturm, from the forty-first to the forty- eighth year inclusive, — officers to the end of their fifty-second year or later if they so request. There are also assigned to the Landsturm soldiers of the filite and Landwehr who become unfit for service in these classes, and volunteers who have proved their physical fitness and ability in rifle practice. In case of war or threatened war the Federal Council may order the recruitment of men fit for service, of eighteen or nineteen years of age. While unfit in most cases for work as part of a field army, Landsturm units could be usefully employed in time of war as territorials, [254] THE SWISS ARMY SYSTEM u o I a O H n be ^^t C rt co.B tn t<^oo g O rt -rs tn»o 1^ H-S 2 M M W 3 l-i 4J 01 -o c rt >-) 5 V rt S -§t's° *■■ )H 0] M o e-o M M • 3 e o bl J3 O S u /5 rt M M -o M M . c *S Q « (4 hJ ■g a u V V Pi 11 M ' 3 IS H w ■^ •" >» a 2-2 « t^^^oo tfl t^t*.QO 12 a H 3t*. u S CO O 3 O <■ — s (J 3 e 1-5 M M t-l H o JJ M 3 ■c Q S < ^^-^ u ?^ u u ^*J Pi ^ *W 3 t^l^OO vs^jca 3tZ 5 rt " 1-^ ^ Ih >-■ 4^ s=^ S -5 s i c 2 O .J3 a. (d S " 2 O « B >; El- ls CO C e -S So o 5 c a ?i 2 ^ '^ "w .is c u " CM "• u W k, C « g S » >-) 2 ♦- o V .JS u .a •c 2 3 S C255] GOVERNMENT OF SWITZERLAND undertaking such duties as guarding the Hnes of communication and poHcing the interior of the country. The standard scheme of training for soldiers of various classes and branches of the service is shown in the table on page 255. Periodic The figures presented in the above table cover inspec- ^.jj^g ^f instruction only, not including days of arms assembly and dismissal, which amount to two per course. Outside periods of training the Swiss soldier is also obliged to present himself once each year for an inspection of the arms and equipment which are left in his charge throughout his term of service by the government. In the case of an infantryman, for example, five such inspections occur while he is in the filite, seven while in the Landwehr, and eight while in the Landsturm. A few minutes only are required on each of these occasions, and as the inspections take place in the soldier's home commune he need spend only a short time coming or going. Failure to keep arms and equipment in proper condition or to be present at the time prescribed may be penalized by military arrest for short, periods. The Swiss military system rests on the same bases as those of its great neighbors in that it is universal and compulsory. It differs sharply from them, however, in the amount of time demanded from citizens. In the German army, for example, the shortest term of service on a C256] THE SWISS ARMY SYSTEM peace basis, that of the infantry, required 123 weeks.' This amounts to more than five times the total period served by a Swiss soldier of the same class. Moreover, the latter is called from home not to exceed sixty-five days at any one time, whereas the German infantryman served two whole years at the age of twenty and twenty- one. As a consequence Germany had on hand in time of peace an enormous standing army, whereas in Switzerland one can hardly speak of a standing army at all except with reference to a comparatively small number of professional officers and instructors who are permanently engaged in military service. The question naturally arises whether in so Effl- brief a time the citizens of Switzerland can be "!,*°°'| .of Swiss trained to meet successfully the levies of its muitaiy powerful neighbors. Military authorities differ *"'^'^^ widely on this question. It can be definitely answered, of course, only by war, which for- tunately the Swiss have been spared with any foreign power since the Napoleonic period, long before the present army system was established. Certain general considerations bearing upon the matter may be ventured. Whatever may be thought of the brevity of the Swiss period of ' Fritz-Konrad Kriiger, "Government and Politics of tiie German Empire," p. 153. There is also a one-year volun- teer service privilege in the German army, but it is conditioned upon the passing of a rather severe examination and the possession of private means. [257] GOVERNMENT OF SWITZERLAND training, there is general agreement as to its intensiveness and extremely practical character. At the recruit school, each day except Sunday brings with it eight hours of hard drill or in- struction. There is also much night work, such as night firing, intrenching, and maneuvers. Barrack-ground drill is avoided, so far as possible all work being done out in the open country. Every effort is made to develop not only the ability to act in masses but also the highest capacity and initiative on the part of each individual. The young infantryman, for exam- ple, is taught the necessity of discipline, propriety, and punctuality as a matter of course, and he is also taught to be a marksman, to extricate himself rapidly from difficulties likely to occur on the march or in combat, to dig himself in with every advantage which the ground may afford, and so on. Instruction in other branches of the service is carried out on the same principles, due attention being paid to the peculiarities of each branch. Every arm of the service is taught to take advantage of the mountainous nature of the country which it has to defend. It should be remembered, moreover, that the young Swiss does not join the colors as an entirely raw recruit, but brings with him a thorough school training in gymnastics and in many cases the experience gained in cadet corps. So far as possible ability acquired in civil life is turned to account in the , army. "The doctor and apothecary serve in C258] THE SWISS ARMY SYSTEM the medical corps, the electrician, engineer, and mechanic in the engineers, the 'bus and cab drivers as artillery drivers, the farmers and horse-owning classes in the cavalry, butchers and bakers in the supply departments, and so on." * There must also be an extremely high per- Swiss centage of sharpshooters in the Swiss army. ^^P" ° , . "^ . •' shooters Rifle practice is taken up in early youth and pursued throughout manhood with all the in- terest and passion of a national sport. Con- tests between crack teams of various communes attract as much ' attention in Switzerland as league ball games in the United States, while the national competitions in which the best shots of each canton are pitted against each other arouse all the fervor of a world series. Communes are encouraged to build standard rifle ranges by subsidies from the federal government. Rifle clubs which conform to governmental regulations also receive subsidies. According to Delme- RadclifFe there were, in 1906, 3732 such clubs, with 220,951 members. During the years when they are free from service, officers and enlisted men of the Elite and Landwehr are required to perform under inspection a prescribed firing drill. About sixty shots a year with a fixed minimum of points is the rule. Those who fail to meet the prescribed standard are called in for three days without pay or transportation allowance, during which time they must strive 1 Delme-Radcliffe, p. 23. C259 ] of officers GOVERNMENT OF SWITZERLAND to improve their marksmanship. Under these conditions it is not remarkable that Swiss rifle clubs have won the highest honors in seventeen out of eighteen international meets. Training All Swiss army officers rise from the ranks and must first undergo the regular training as out- lined in the table above for some one branch of the service. In addition they must take various supplementary courses of instruction at officers' schools, the number of such courses increasing with the rank sought. Some measure of the additional burdens imposed upon those seeking officers' positions is afforded by the fact that in the first two years of service a corporal must serve 89 days, and a lieutenant 238 days more than a private. Further courses and periods of probation are required for promotion to the rank of first lieutenant, captain, major, and so on. Like all official salaries in Switzerland, the scale of pay for soldiers and officers is extremely low. In addition to quarters and meals, privates receive 16 cents and corporals 30 cents per day of active service. For commissioned officers the scale per day of active service is as follows: lieutenant, $1.40; captain, $2.00; major, $2.40; colonel, ^4.00; commander of division, $6.00; general (in chief), $10.00. Commissioned offi- cers also receive an allowance of twenty cents a day for food. Except for privates and non- commissioned officers, a considerably lower rate of pay prevails for each day of training service. [260] THE SWISS ARMY SYSTEM A provision of the Swiss military law makes it obligatory upon any one nominated for a com- mission to accept. It is admitted, however, that before any one is nominated, the question as to whether he is financially able to afford it must be considered, as well as his qualifications for command. By far the greater majority of commissioned army officers are regularly engaged in business aind the professions. The frequent calls made upon them by the service must therefore represent considerable personal sacrifices in the aggregate. There are only about 250 professional officers in Switzerland, counting as such those who devote their whole time to military duties. Many of them serve as instructors in the recruit schools and the higher schools for officers. Others com- mand brigades, divisions, or army corps. As was noted above, part of the administration shore of of the Swiss army is in the hands of the cantons. ^'""^ Comparatively little remains, however, of the mUitary large military powers once possessed by the J^^^^" latter. They keep lists of those subject to military service, equip the troops in part, and upon nomination of the superior military author- ities, promote officers of infantry units up to the ^ rank of captain. Officers of higher rank are appointed by the federal government. The cantons may dispose of troops of their territory when the federation does not make use of this power. [261] GOVERNMENT OF SWITZERLAND Subject to the control of the Federal Assembly, the Federal Council has charge of the military establishment of the republic. One of the members of the Federal Council, at present M. Camille Decoppet, is assigned to head the military department. In ordinary times the Swiss army is without a commander in chief. Whenever an emergency arises which requires mobilization upon a considerable scale, the Federal Assembly chooses a general in chief, who takes supreme control of the military situation under the direc- tion of the Federal Council. At the outbreak of the present war, Ulrich Wille was elected to this position.' It was the first time the Swiss army had had a commanding general since 1871. Cost Prior to the outbreak of the European war the Swiss federal government was spending on its army 45,000,000 francs, or nearly $9,000,000, annually. While this was much the largest single item in the budget, it amounted to only $2.40 per head of the population. It should be remembered, however, that part of the cost of the country's military system is met by the cantons. Thus, in the case of an infantryman under training, about one third of the cost is at cantonal expense. Of course the mobilization of a large part of the Swiss army due to the present war has made necessary much greater ' His only predecessors were General Hetzog during the Franco-Prussian War, and General Dufour during the anti- Prussian uprising over Neuchatel in 1857. [262] of Swiss army THE SWISS ARMY SYSTEM expenditures.^ With the fate of other small nations that have been invaded, before their eyes, the Swiss may well consider the cost of training and maintaining their soldiery upon a war footing a thoroughly justified and not too heavy insurance premium. In spite of the admirable results attained at SodaUst such moderate cost by the Swiss military system, f*^' it has been severely criticized at times, chiefly of the by the Socialists. Only recently that party "™^ has gone over to absolute anti-militarism. Most of its leaders formerly agreed that for defensive purposes an army was necessary, but they wished to reform it on democratic lines. They' criticized it on the ground that higher officers were drawn almost entirely from the well-to-do and pro- fessional classes, and were therefore likely to become infected with a narrow class spirit similar to that prevailing in monarchical armies. In so large an establishment occasional cases of mis- treatment or overtraining of men were certain to occur, and these were always made the most of in the Socialist press. The existence of a feeling antagonistic to army abuses was manifested by the decisive rejection at a referendum in 1903 of an amendment to the penal code, popularly denounced as the "Maulkrattengesetz." Rightly or wrongly, the people were convinced that the purpose of this law was to muzzle the press and thus prevent the public discussion of military 1 See Chapter VIII. C263] GOVERNMENT OF SWITZERLAND abuses. The occasional use of the soldiery in case of strikes is hotly denounced in Switzerland as often as it occurs. Undoubtedly also some hardship is experienced by workingmen and their families as a result of the considerable number of repetition courses that they are obliged to take. The higher grades of employees can easily use their summer vacations for the purpose, but some employers are said to show little consideration to common laborers in this connection. So far as hardship to the families of recruits is concerned, the present military law provides that in case of need such families shall be assisted by the com- munes in which they reside, the assistance to be given through official channels other than those employed in the administration of charity. The commune is reimbursed for expenditures of this character, three fourths of the amount being paid by the federation and one fourth by the canton. Soldiers' families are also insured by the federa- tion against financial loss due to sickness, acci- dent, or death in the service, but such pensions are extremely modest in amount. The spirit of democracy universally prevailing in Switzerland would seem to be a sufficient bulwark against militarism and Prussianization. Moreover, the people possess in the referendum a very effective weapon against any encroach- ments of this sort. On two occasions, when they thought they were so menaced, it was successfully used. Considering the unquestioned [264] H U H O H 3 THE SWISS ARMY SYSTEM devotion of the Swiss to peace and the long period during which they have maintained it, there would seem to be no real danger of milita- rism from within. The present army system itself rests upon the basis of a popular majority. Moreover, it has been built up during a period when the Swiss people were developing along democratic and progressive lines as rapidly as any nation in the world. While the Swiss army is small compared with size the enormous totals of its powerful neighbors, it g^' nevertheless represents a very large proportion army of the male manhood of the country. Estimates differ considerably as to its maximum size in case of emergency. In 1908, Delme-RadclifFe placed the filite at 145,000 strong, the Landwehr at 90,000, and the Landsturm at 45,000 armed and 260,000 unarmed men. For 1913, the year preceding the outbreak of the European war, the actual enrollment in the filite was stated at 143,220.' On the same basis in proportion to the population, the United States would have available in time of peace over three and a half million first-line troops. If the entire available strength of the Swiss army in war reaches 500,000, the United States proportionately should be able to raise twelve and a quarter million men. At the outbreak of the present war the Swiss army was ordered to the frontiers. Estimates as to the number of men mobilized range from > "Statesman's Year Book," 1915, p. 1384. C265] GOVERNMENT OF SWITZERLAND Mobui- 2CXD,ooo to 300,000 or more. Naturally the ^**''° Swiss government is extremely reticent as to outbreak this and other details of troop movements. °' Foreign observers were not allowed to go to war the frontiers. American military attaches who studied developments from the interior of the country were, however, greatly impressed by the swiftness and sureness with which mobiliza- tion was effected. Evidently it proceeded in every detail along the lines of a most comprehen- sive and well-thought-out plan. According to a recent statement by the chief of the military department,! the Swiss have been observing with great care the strategy of the present war. As a result of their study they are making changes in their army system far in excess of the program of 1907, particularly with regard to heavy ar- tillery, machine guns, and aviation. All considerations of natural aptitude, patriotic spirit, training, and mobility indicate, therefore, a high degree of efficiency in the Swiss army in proportion to the size of the country. In judging its final utility one must remember that it is designed solely as a defensive force. Generations and centuries have elapsed since the Swiss have thought seriously of aggression and conquest. Nor is it likely that Switzerland will be attacked at any time by a power free of other enemies, or without friends ready to rally to the support of ' Interview with M. Camille Decoppet, Neue Zurcher Zeiiung, February 5, 1917. [266] THE SWISS ARMY SYSTEM the little republic. It is scarcely true, therefore, as a great and somewhat overbearing statesman of a neighboring power once remarked, that "his army could swallow Switzerland any morning before breakfast." Modern warfare has become a conflict of wealth, industrial organization, and highly techni- cal weapons such as aeroplanes, tanks, and heavy artillery.^ Switzerland is neither large enough nor rich enough to engage in warfare as a principal, but any invading force, in addition to the bad faith involved, would have to meet the embittered opposition of the whole manhood of a country, — natural soldiers, as their history shows, and intensively trained to arms and marksmanship. Moreover, the aggressor would enter the country in the face of the certainty that the Swiss would instantly ally themselves with any enemies he might already have, and throw open all their roads and mountain passes to the armies of its new allies. Whatever may be the force of these considerations, Switzerland remains today a haven of peace, although it is completely sur- rounded by the territories of belligerents in the bloodiest war of the world's history. 1 Cf. H. G. Wells, "Italy, France, and Britain at War." [267] GOVERNMENT OF SWITZERLAND SELECTED BIBLIOGRAPHY Carnac, J. H. R. "Swiss Rifle Clubs." In "Nineteenth Century," Vol. 47, pp. 936-949 (June, 1900). . "Citizen Army of Switzerland." In "National Geographic Magazine," Vol. 28, pp. 502-510 (November, 1915)- ' . "The Swiss System of National Defense." U. S. Senate Document 796, 63d Congress, 3d Session (1915). . "The Military Law and Efficient Citizen Army of the Swiss." U. S. Senate Document 360, 64th Congress, 1st Session (1915). Delme-Radcliffe, C. "A Territorial Army in Being." Feyler, F. "Swiss Military System." In "Century Maga- zine," Vol. 91, pp. 53-64 (November, 1915). KuENZLi, F. A. "Right and Duty, or Citizen and Soldier." [268] CHAPTER XII INTERNATIONAL RELATIONS BY the constitution of 1848 the conduct of Consutu- foreign affairs was assigned in general to ^°°f the federation to be exercised actively by the visions Federal Council.^ The latter was directed "to watch over the external interests of the federa- tion, particularly the maintenance of its inter- national relations." ^ In the field of foreign affairs as elsewhere, however, the activities of the Federal Council are subject to review by the federal legislature, alliances and treaties with foreign powers being expressly placed within the competence of the two houses.' In practice this means that the Federal Council conducts inter- national negotiations, reporting the treaties into which it wishes to enter to the legislative bodies, and being authorized by the latter to ratify them. One exception must be noted to the powers Treaty of the federal government in the field of foreign ^'^ affairs. Under earlier regimes the separate cantons cantons were accustomed to deal quite freely with neighboring states. By a rather curious survival they still preserve "the right of con- cluding treaties with foreign powers, respecting 1 Art. 8. * Art. 102, clauses 8 and 9. ' Art. 85, clause 5. [269] GOVERNMENT OF SWITZERLAND the administration of public property, and border and police intercourse; but such treaties shall contain nothing contrary to the federation or to the rights of other cantons." * Official inter- course between cantons and foreign governments, or their representatives, shall take place through the Federal Council; nevertheless, the cantons may correspond directly with the inferior officials and officers of a foreign state in regard to the subjects enumerated in the preceding article.^ Such treaties must be approved by the Federal Council,^ and may be brought before the Federal Assembly in case the Federal Council or another canton protests.* While extremely complicated, these provisions in favor of the cantons impose no real restrictions upon the scope of federal powers in international intercourse. They do lead, however, to a rather close intercourse between federal and cantonal authorities with regard to the topics affected by treaties of this description.* Switzerland's diminutive size and neutral attitude release her from the necessity of play- ing an active part in the European whirlpool of alliance and intrigue. On the other hand, her rapidly growing foreign commerce demands a constantly expanding diplomatic and consular representation abroad. Moreover, it is esti- ^ Art. 9. 2 Art. 10. ' Art. 102, clause 7. * Art. 85, clause J- " Cf. Burckhardt's " Kommentar," 2d ed., pp. 112-131. [270] INTERNATIONAL RELATIONS mated that between 300,ocx) and 400,000 Swiss, a number fully equal to one tenth the home popu- lation, reside in foreign countries. Of these, by the way, 125,000 were, according to the census of 1910, established in the United States. Yet it has been found very difficult to provide for the expansion of the diplomatic and consular service of the country in accordance with its obvious needs. Diplomacy is not altogether unpopu- popular ■ in Switzerland. The word itself is ^^^^ "' thought to smack too much of pomp and pride, macy of the obsequiousness and intrigue of royal ^ courts. Plain citizens of limited income find it land hard to understand that a diplomat of high pro- fessional education and long experience may more than earn the large salary he receives. Some of the Swiss ministers plenipotentiary are paid three times as much as the president of the federation, although this only proves that the president is paid too little, not that the minister is paid too much.'^ There have been some rather striking illustra- tions of this democratic jealousy of the diplo- matic service. Thus an appropriation of only 10,000 francs for the salary of a secretary of legation at Washington was brought before the people by referendum petition and defeated, May II, 1884, by an overwhelming majority. ' Dr. E. Platzhoff-Lejeune, "La Politique etrangere de la Suisse," in the Jabrbuch der etdgenossischen Rate, 1916, pp. 60-66. [271] CX)VERNMENT OF SWITZERLAND It is only fair to state, however, that three other measures were submitted to the vote on the same day, part of which were extremely unpopular, the result being that the people simply threw out the whole mass of legislation submitted to them. Considerably more serious was the rejection of the law of June 27, 1894, organizing the entire diplomatic and consular service. There seems to have been no doubt of the general desirability of this legislation. Prior to its enactment the foreign service had been provided for by a series of decrees and resolutions issued from time to time as the need dictated. To codify this hetero- geneous mass and give it the prestige of formal law was the purpose of the act of 1894. In addi- tion to the popular dislike or indifference to the diplomatic service, some religious antipathy not directly connected with the subject was injected into the campaign, with the result that the bill was defeated, February 3, 1895, by a majority of over 50,000. As a consequence the federal authorities have since not ventured to enact a law organizing the foreign service of the country. Another interesting manifestation of Swiss democratic feeling toward diplomacy occurred in connection with the long-drawn-out con- troversy over the St. Gotthard Railway treaties. To facilitate the construction of the tunnel for that line, agreements were entered into with Germany and Italy in 1869. There was con- [272] INTERNATIONAL RELATIONS siderable fear at that date lest treaties even on such a subject might lead to alliance with stronger powers and endanger Swiss inde- pendence. When the Swiss government finally decided to nationalize railways, negotiations regarding the St. Gotthard line were again taken up with Italy and Germany, certain objec- tions being raised by the latter power. In 1909, during the progress of these negotiations, it was learned that Germany had protested eleven years earlier against the ownership and operation of railroads by the Swiss government. As a result of the withholding of this knowledge from the people, intense feeling was engendered against secret diplomacy. An enormous public demon- Pro- stration of protest, attended by representative J°jg*g„. citizens from all parts of the country, was held dam on at Bern.i Out of this movement there came a *'«»"«* demand by means of initiative petition for an amendment to the constitution providing for the submission of treaties to the referendum on the same terms as ordinary legislation. The new amendment is proposed as an addition to the ref- erendum article of the constitution (Art. 89), and reads as follows: "Treaties with foreign powers which are concluded without limit of time or for a period of more than fifteen years shall also be submitted to the people for acceptance or rejection upon demand of 30,000 Swiss citi- ' Cf. Jesse Macy, "The Swiss as Teachers of Democracy," "Review of Reviews," 47: 711-714 (June. 1913)- [273] GOVERNMENT OF SWITZERLAND zens qualified to vote, or of eight cantons." ' As a result of the present war a world-wide interest has been developed in the subject of the demo- cratic control of international relations. Switzer- land's experiment in this field will, therefore, command attention everywhere. At present, however, the proposed amendment to the con- stitution is being held up together with three others,^ in order to avoid political discussion during the war. The While the general conduct of Swiss foreign dipio- affairs is intrusted to the Federal Council as a ma tic service whole, one of the members of the latter — the head of the political department — is assigned to take direct charge of the diplomatic and consular services. As the former service is organized at present (1917), it includes nine ministers plenipotentiary, located at Berlin, Buenos Aires, London, Paris, Petrograd, Rome, Tokio, Vienna, and Washington; one resident minister, at Madrid; and one consul general, who acts as charge d'aff^aires at Rio de Janeiro. High professional ability and permanence of tenure regardless of political changes at home are the rule in the Swiss diplomatic service. Thus M. A. de Claparede, who recently (191 7) retired from the Berlin embassy at the age of seventy-five, had served successively at Wash- ington from 1888 to 1894, at Vienna from 1894 ' "Politisches Jahrbuch," 1913, p. 583. ' See Chapter VI. [274] INTERNATIONAL RELATIONS to 1904, and at Berlin from 1904 on. M. Charles Lardy, who retired a few months later, had been minister to France for thirty-four years. It is interesting to note, however, that two vacancies in the Swiss foreign service occurring since the outbreak of the war have been filled by men trained not so much in diplomatic lines as in business and transportation, — questions of the latter character being prominently to the fore between Switzerland and the countries to which they were accredited. Switzerland has also established 112 consulates The in foreign countries, eleven of which are managed ^^ in connection with legations. To a constantly service increasing degree the consuls are professionally trained, but a number of the smaller offices are directed by men engaged in business or other occupations who give only so much of their time as may be needed to official duties. In proportion to its size and the volume of business transacted, probably no other foreign establish- ment in the world is so economical as that of Switzerland. The entire allowance in the budget of 1913 for the political department — which, it will be remembered, includes much besides the diplomatic and consular services — was only 1,603,400 francs. By the constitution of Switzerland itself a The policy of neutrality is imposed upon the govern- ^^ ment. The Federal Council is specifically en- neutrality joined to "watch over the external safety of L275I GOVERNMENT OF SWITZERLAND Switzerland, over the maintenance of its inde- pendence and of its neutrality." ' In the main such has been the policy of Switzerland since the sixteenth century. The darkest pages of Swiss history abundantly prove the folly of entangling alliances for a country of its size and location. After the manifold tribulations suffered during the Napoleonic period, engagements were entered into by Austria, France, Great Britain, Prussia, and Russia at the Congress of Vienna regarding the perpetual neutrality of Switzerland, and these engagements were specifically guaranteed by the Act signed at Paris, November 20, 1815, by the same powers. Nothing in the latter Act, however, prevents the Swiss from taking measures of their own to safeguard their country, and this they have wisely done by the creation of a strong defensive military force. There can be no doubt that the policy of neu- trality corresponds to the deepest needs and convictions of the overwhelming majority of thoughtful Swiss citizens. In view of the enor- mously greater size and power of their immediate neighbors, any thought of conquest and expan- sion on their part is out of the question. Com- pounded as they are of three racial stocks, the Swiss naturally possess many bonds of sym- pathy with the nations surrounding them. Moreover, their leaders feel that the republic has a world mission to fulfill, — a mission of '■ Art. 103, clause 9. [276] INTERNATIONAL RELATIONS democracy, peace, and progress, — and further, they feel that the success of this mission depends upon the maintenance of neutrahty and friendly relations with all other nations. They seem to be more deeply conscious than our own states- men that in the federal principle may be found the basis of world organization in the future. Neutrality and independence are inseparably linked in the minds of the Swiss as well as in the language of their constitution. Thus self- preservation — the first law of nature, political as well as individual — speaks in favor of neu- trality. Finally it should be noted that geo- graphic conditions give neighboring countries an interest in this policy second only to that of the Swiss themselves. For if any one of the four neighboring great powers should come into con- trol of the passes of the Alps, it would thereby be able to menace the other three to an intolerable degree. The Swiss may therefore be said to hold their country not only because of their love for it and for independence and liberty, but also as faithful trustees for their neighbors and the peace of Europe. In order to realize fully the principle of neu- Abolition trality, the present Swiss republic had to clear ^^^_ away the few surviving remnants of a hoary, cenary medieval abuse, — the system of supplying mer- =*'^'=* cenary soldiers to foreign powers. This was done by an article of the constitution of 1848, pro- viding that "no military capitulations shall be [277] GOVERNMENT OF SWITZERLAND made." ^ Two or three such capitulations, or treaties by which various cantons agreed to furnish soldiers to other countries, were still in effect at the time. As rapidly as possible they were brought to a conclusion, the last one ending in 1859. Stringent laws now forbid the enlist- pient of citizens on Swiss soil for foreign service, and all the duties of a neutral state in this con- nection are scrupulously observed. Another ancient evil was abolished in 1848 by an article of the constitution forbidding Swiss civil and military officials to receive from foreign govern- ments "any salary, title, gift, or decoration." ^ It is closely similar to a provision in the con- stitution of the United States,' although our danger from this source is probably much less than that of the Swiss. During the Franco-Prussian War of 1870-71, the Swiss protected their neutrality by sending mili- tary forces to the frontiers. When the French army of General Bourbaki was driven over into their territory they disarmed it, interning ofl&cers and men, and caring for them with whole-hearted hospitality until the end of the war. The But the greatest menace that Swiss neutrality present j^^g g^gj. j^^j ^^ f^^g j^ ^j^^^. occasioned bv the war and J Swiss present war in Europe. Immediately upon its neutrality outbreak a declaration was issued announcing ^ Art. II of the constitution of 1874. 2 Art. 12 in the present constitution of Switzerland. ' Art. I, Sec. 9, cl. 8. [278] INTERNATIONAL RELATIONS that the federation, "true to its centuries-old tra- dition, would yield in no wise from the principles of neutrality so dear to the Swiss people." ^ The military measures taken on this occasion have been described in the preceding chapter. No violations of Swiss territory have occurred except technical ones committed by aircraft. Early in the war the strongly expressed sym- pathies of the people, dividing along racial lines, for the various belligerents threatened to com- promise neutrality and even to break down the sentiment of national unity. Never has the tension been greater between "Deutsch" and "Welsch," — that is, between the German and non-German sections of the country. Exaggera- tions of these differences by certain newspapers led to the establishment of a political Press Control Commission of five members appointed by the Federal Council, two of them to be nom- inated by the Swiss Press Association.^ On two occasions the Federal Council found itself com- pelled to address words of solemn warning directly to the people. No utterances called forth by the great war express a deeper sentiment of patriotism. "First and far beyond all else," one of these appeals says in conclusion, "we are Swiss; only in a secondary degree are we Romance and Teutonic. Higher than all the sympathy we ' Neutralims-ETkldrung, August 4, 1914; A. S. XXX, 361. * Bundtsratsbeschluss of July 27, 1915; A. S. XXXI, 273. A military press control was already in existence. [279] GOVERNMENT OF SWITZERLAND may feel for those bound to us by the ties of race, stands the welfare of the one Fatherland common to us all. To it everything else must be subordinated." ' Economic Closely connected with the maintenance of '*™' neutrality were certain economic difficulties caused which threatened not only the industries but by war ^^le very life of the people. Switzerland de- pends upon other countries for four fifths of its grain, and for virtually all the coal and iron needed by its railroads, manufactures, hotels, and homes. After the outbreak of war it was forced to procure grain through the territories of the Entente, chiefly from America. On the other hand the only possible source of supply of coal and iron was Germany. "Each of the two hostile alliances enjoys a practical monopoly of the first necessities of life. By exploiting this monopoly to the utmost each group might ruin Switzerland, or force her to throw in her lot with the enemy." ^ The Swiss government has tried to meet this situation by negotiating a series of economic agreements with each of the belligerent groups. There have been shortages especially of coal and iron, under which industries and consump- ^ Aufruf an das Schweizervolk, October i, 1914; A. S. XXX, 510. The earlier appeal, issued August £, 1914, may be found in the same volume, p. 362. * Professor W. E. Rappard in the New York Times, August 26, 1917. [280] INTERNATIONAL RELATIONS tion have suffered severely, but so far famine conditions have been avoided. As these economic agreements have been entered upon with the full knowledge of both groups of warring powers, there is a strong presumption that they are scrupulously neutral both as to content and execution. It will be recalled that at the outbreak of the Neu- war the Federal Assembly conferred plenary ^"^^ powers upon the Swiss executive. To safeguard mittees this power against abuse in the field of foreign relations, each of the two houses promptly established a neutrality committee (Neutralitats- kommission). These two committees have be- come exceedingly active bodies, which observe with the utmost care the transactions of the Federal Council and all other matters falling within the scope of their powers, and report thereon in great detail to their respective branches of the legislature. The large amount of time given to these reports both in the National Council and the Council of States, and the extended debates which they occasion, indicate the extreme importance which the two houses attach to the mainten'ance of a scrupulously neutral attitude. With so many vital interests involved and with such wide areas of friction, it was inevitable that certain untoward incidents should occur, contrary to the settled policy of the Swiss govern- ment and people. One illustration is afforded C281] GOVERNMENT OF SWITZERLAND by the circumstances which led to the transfer to The Hague of Dr. Paul Ritter, former envoy extraordinary and minister plenipotentiary of Switzerland to the United States. In this capacity Dr. Ritter's earlier services had been cordially appreciated, but after our entry into the great war he appeared somewhat too eager to serve — apparently on his own responsibility — certain interests which Germany had intrusted to his charge. As a result there was considerable criticism both in the United States and in Swit- zerland, and it was probably for this reason in large part that he was transferred to the Dutch capital., Another and much more serious case was that of two Swiss army officers accused of betraying military secrets to the Central Powers, who nevertheless escaped with disciplinary pen- alties so light as to arouse severe criticism. Further, a civil official charged with the grant- ing of export licenses was convicted of accepting bribes. This crime is so rare in Swiss political life that it always attracts sensational interest, which was greatly intensified in the case under consideration by the strained international situa- tion. In French and Italian speaking sections of the country street demonstrations protesting against these and other apparently unneutral oc- currences led to minor acts of violence against the consulates of the Central Powers. All these cases, however, sink into insignificance in comparison with the unfortunate Grimm- [282] INTERNATIONAL RELATIONS Hoffmann affair of June, 191 7. Grimm, a mem- The bar of the National Council and of the extreme ^^f™" wmg of the Socialist party, had gone to Petro- maun grad shortly after the outbreak of the Russian '^"^ revolution. Throwing himself into the whirl- pool of plots and counterplots, he was able to persuade the Swiss minister to transmit a tele- gram to Herr Arthur Hoffmann, head of the political (foreign affairs) department of the Federal Council, inquiring as to the German attitude toward Russia. After an interval of a week Hoffmann replied stating what pur- ported to be the German peace terms and assur- ing Grimm that Germany would undertake no offensive so long as a satisfactory agreement with Russia seemed possible. Both telegrams were intercepted and made public by Russian officials, and Grimm was expelled from the country. Publication of these facts caused an enormous sensation in Switzerland. In spite of all that was said in defense of Federal Councilor Hoff- mann, it was evident that his conduct could be interpreted, — indeed, was certain to be inter- preted, — in the chancellories of the Entente, as undertaken in the interests of a separate peace between Germany and Russia, and hence as threatening the interests of the Entente in the most dangerous manner. From a Swiss point of view it was "a blow against international confidence in the unconditional honorable neu- C283] mann GOVERNMENT OF SWITZERLAND trality of our leading men and hence in the conduct of the country itself." ^ Resig- Before any remonstrances were received from ^*'''" the countries unfavorably affected by his con- HoflE- duct, Federal Councilor Hoffmann tendered his resignation in a statement which made it clear that he had acted in the matter wholly on his own responsibility and without the knowl- edge of his colleagues of the Federal Council. The election of Gustav Ador of Geneva, presi- dent of the International Committee of the Red Cross, to the vacancy did much to allay the bitter feeling created in Romance Switzerland by the Grimm-Hoffmann affair. Another con- sequence was the determination to return to the old system whereby the Federal President takes charge 6f the political department.^ It was believed that Federal Councilor Hoffmann's long-continued tenure of this position predis- posed him to disregard his colleagues in the Grimm case. With a new head in charge of foreign affairs each year, similar errors are not sp likely to occur. Notwithstanding the malodorous character of the Grimm-Hoffmann affair, it served one good purpose by emphasizing anew the necessity of absolute neutrality on the part of citizens as well as officials. Fortunately for Switzerland, the wise counsels of the Federal Council and ^ Der Bund of Bern, June 19, 1917. ' Bundesbeschluss of June 26, 1917. [284] INTERNATIONAL RELATIONS the sober common sense of the people of all racial stocks have begun to prevail to this end. In spite of all difficulties, economic and political, imposed upon the country by the increased ruth- lessness of certain belligerents, the spirit of unity and neutrality has grown stronger. Partisanship War has given way to a most noble work of hu- ""^^ manity in behalf of all victims of the war regard- less of nationality. Switzerland has become a great clearing house for the exchange of com- munication and material relief between prisoners and persons living in conquered areas in all the belligerent countries and their families. Prisoners interned in Switzerland are received and suc- cored with a generosity that should earn undying gratitude for the little republic. In spite of her modest role in international inter- politics, Switzerland has been a recognized ^JJ,™"* leader in many earlier works of mercy and in other organizations of world-wide influence. At the Geneva Convention in 1864, the Red Cross was founded, and the administrative offices of the international committee of the society have been located ever since in that city. As a gracious tribute to the Swiss, it chose as its emblem their national flag with colors reversed. In 1871, the first great court of arbitration of the nineteenth century met, also at Geneva. The Telegraphic Union founded in 1869, the Universal Postal Union founded in 1874, the International Union of Freight Transportation founded in 1893, [285] GOVERNMENT OF SWITZERLAND and the International Bureau of Industrial Property founded in 1883, with the last of which has been affiliated since 1892 the Inter- national Union for the Protection of Literary and Artistic Property, all have established central ofl&ces at Bern under the supervision of the Swiss government. Finally, Switzerland led in the formation of the International Labor Office, with headquarters at Basel, — a semi-private association supported by subscriptions from the participating governments. Its purpose is to provide a basis for progressive legislation by investigation of labor conditions on the broadest and most accurate scale. Has the It is the view of some statesmen of certain *'*^,°' major countries that the day of small nations nations has passed, that, indeed, they might with advan- passed? j^ge to the course of the world's development be incorporated, by force if necessary, in larger political entities. Switzerland's services to civi- lization should alone suffice to refute this doc- trine. Her domestic experiments in democratic and progressive legislation have won the sym- pathetic interest of the liberals of the world and led to many imitations in other countries. In foreign relations neither the renunciation of imperial ambition nor relatively small size has prevented her from becoming a most useful and influential member of the family of nations. The plucky determination of the Swiss to defend themselves to the utmost, if need be, enhances [286] INTERNATIONAL RELATIONS the respect in which they are held. Any aggressor upon this sturdy little nation will merit and receive the bitter condemnation of liberty-loving peoples everywhere. SELECTED BIBLIOGRAPHY Adams, F. 0., and Cunningham, C. D. "The Swiss Con- federation," Ch. XVIII (International Unions). Keys, F. V. "War Rifts in Switzerland," in "The New Republic," 2: 171-173 (March 20, 1915). De Lisle, A. "The Story of the Red Cross Movement." McCrackan, W. D. "The Rise of the Swiss Republic," Ch. XI (The Neutrality of Switzerland). Moses, B. "The Federal Government of Switzerland," Ch. VII (Foreign Relations). Reinsch, p. S. "Public International Unions," Ch. II (Development and Organization of International Unions). Sherman, C. E. "Maintenance of Swiss Neutrality in the Present War," in the University of Pennsylvania Law Review, 65: 315-324 (February, 1917). Vincent, J. M. "Government in Switzerland," Ch. XVIII (International Relations). [287] CHAPTER XIII SWISS PARTIES AND PARTY ORGANIZATION The ' I ^HE foundation of the present Swiss repub- ^^"jjj^ J. lie was the work of those Liberals who parties transformed cantonal government in the thirties and forties of the last century, and who de- cisively crushed the forces of reaction in the Sonderbund war of 1847. Beaten on the field of battle, the minority organized itself as the Clerical (Catholic Conservative) party and continued the struggle in the national halls of legislation. As a majority party the Liberals nat- urally became the ardent supporters of the gov- ernment which they had created. In addition to their religious differences the two parties were divided sharply on the question of states' rights, which, by the way, has been quite as funda- mental and persistent in Swiss as in American politics. Completely reversing our own use of the word, the Catholic Conservatives called themselves "Federalists," in the sense that they insisted jealously upon the guarantee of cantonal rights under the federal principle. On the other hand the dominant Liberals as "Centralists" favored the extension of the powers of the fed- eral government. [288] PARTIES AND PARTY ORGANIZATION Soon after the adoption of the constitution of Sabse- 1848, it became apparent that the majority 5"^°[„„g party was itself divided into a moderate and a radical wing. On matters of foreign policy and on important domestic questions such as that of railroads/ these two groups took up antago- nistic attitudes, while still maintaining their soli- darity against the reactionary Catholics. With power and success the moderate Liberal wing lost much of the fire and energy of its early reforming spirit; more and more it became the party of the railroad and cotton-manufacturing barons, of bankers and men of wealth generally. Long after changing conditions made their modification necessary, it held true to the ortho- dox economic dogmas of free competition and opposition to state interference. As in England, Belgium, and certain other European countries, the old Liberalism of Switzerland was very largely political in its program. When social problems requiring regulation by the state began to thrust themselves forward, its importance declined. Dissatisfaction with this standpat attitude culminated in the sixties with the development of an independent democratic party, the natural outgrowth of the earlier radical wing of the Liberal party. The new independent democratic party advocated the adoption by the federation of the Initiative and referendum, already suc- cessfully used in many cantons. Standing for » Cf. Lowell, II, 302. [289] GOVERNMENT OF SWITZERLAND purely representative institutions in opposition to this movement, the old Liberal element was decisively defeated. Subsequently the initiative and referendum have proved so successful in practice that they have been accepted by all Swiss parties, including those conservative Liberals who opposed them in the sixties. The constitutional revision of 1874 was largely the work of the victorious Radicals, who have ever since remained the strongest national party. As the latter increased in strength, the Liberals of the center gradually declined. From the beginning, however, the Catholic Conserva- tive party of the right has held its own with remarkable success. Constantly fighting a de- fensive battle, it has developed the most efficient and harmonious party organization in Switzer- land. On the other hand, as the largest party the Radical group contains some very hetero- geneous elements, ranging all the way from wealthy and conservative former Liberals to working-class adherents of somewhat advanced principles. Just as Liberalism had given birth to Radicalism, so Radicalism in its turn gave Emer- birth to Socialism. In 1890 the latter party gence captured six seats in the National Council, and at SociaUsm subsequent elections it has made steady progress. Apart from this the most interesting recent development of Swiss party politics is the great decline of the former center or Liberal party, most of the members of which have gone over [290] PARTIES AND PARTY ORGANIZATION to the Radicals. At present, therefore, the triangular conflict of the seventies has virtually been resumed, with the Radicals in control of the federal government, attacked by the Catholic Conservatives from the right and by the Social- ists from the left. In Switzerland as a whole about fifty per cent of the voters participating in elections for the National Council now cast their ballots for Radical, thirty per cent for Conservative, and twenty per cent for Socialist candidates. The following separate statements may serve to make somewhat more clear the composition and principles of the three major parties and of the more important minor politi- cal groups. I. The Conservative Party Groups The Catholic Conservative party counts Centers among its members almost the whole popula- conserv- tion of three cantons, — Uri, Unterwalden, and ative Appenzell Interior. In Luzern, Schwyz, Zug, ^''e'W' Freiburg, Solothurn, the two Basels, St. Gallen, Graubiinden, Aargau, Thurgau, Ticino, Valais, and Geneva, it contests the field with one or more other parties. While internally harmo- nious to a high degree, there are certain dif- ferences between the ends sought by the laity and clergy in the Catholic Conservative party. A Christian Socialist party organization has been formed by workingmen of this creed in the GOVERNMENT OF SWITZERLAND industrial cantons of Solothurn and St. Gallen and the. cities of Zurich, Basel, SchafFhausen, Einsiedeln, etc. While sharing the clerical and states' rights views of the Catholic Conserva- tives, the Christian Socialists demand progres- sive labor legislation and occasionally cooperate with the Socialists to obtain it."^ Among the more prominent leaders of the Catholic Conserva- tive party are Giuseppe Motta of Ticino, head of the finance department of the Bundesrat; Dr. Alfons von Streng, National Councilor from Thurgau; Dr. Anton Bueler, National Councilor from Schwyz; and the two members of the Council of States from Freiburg, Georges Python and Georges J.-J. de Montenach. What remains of the former dominant Liberal group is sometimes spoken of as the Protestant Conservative party. It also retains the name of the center, or Liberal Democratic group. Al- though many of its former adherents have gone over to the Radicals, it still holds nine seats in the National Council. Owing to the wealth and prominence of many of the leaders of the party, it is credited with an influence larger than its membership would indicate. In 191 1 it had a voting strength of about 20,000, chiefly in Vaud, Geneva, Urban Basel, Ticino, and Neuchatel. The recently elected member of the Federal Council, M. Gustav Ador of Geneva, is a Lib- I Cf. V.M.Crawford, "Switzerland Today," Chs. I, II, andV. [292] PARTIES AND PARTY ORGANIZATION eral. National Councilors Eduard Secretan of Vaud and Paul Speiser of Basel are prominent among the leaders of this party. II. The Radical Party Officially the Radical group is now named the Member- Independent Democratic {Freisinnige-demokra- ^^ tische) party. As the largest in membership it policies represents a rather wide divergence of views, ranging from advanced Liberalism to advanced Radicalism. The Independent Democratic party wields great social and econornic as well as political influence. In its ranks are counted most of the leaders in large industry, commerce, and finance. It also commands the support of the greater part of the peasants of the country. The bulk of the party's strength is in the large Protestant cantons, and it is, of course, frankly anti-clerical in its attitude. From their Liberal predecessors the Radicals inherited and have re- tained to the present time a strong centralizing tendency. Originally they also inherited the old Liberal antagonism toward state interference. Hence they were formerly opposed to protective tariffs and to the nationalization of railways. With the manufacturing development of the country, however, the Radicals have turned to protection. And as large-scale industries became numerous, they have admitted more and more the principle of state control and also of state C293] GOVERNMENT OF SWITZERLAND ownership and operation. Most of the great federal monopoHes were created and the rail- roads of the country were nationalized under the dominance of the Radicals. At the present time (1917), five of the seven members of the Bundesrat are Radicals; viz., Messrs. Decoppet, Schulthess, Miiller, Forrer, and Calender. Among the more prominent leaders of the party are Dr. Paul Usteri of Zurich, Councilor of State; and the following members of the National Council: Karl Scheurer and Johann Hirter of Bern; Ernest Chuard and Dr. Paul Maillefer of Lausanne; Henri Fazy of Geneva; Heinrich Haberlin of Thurgau; Dr. Robert Forrer of St. Gallen; Arthur Eugster of Appenzell Exterior; and Dr. Carl Spahn of SchaflFhausei). There still remains a small group in Swiss politics directly descended from those demo- crats who in the sixties did such valiant work for the initiative, referendum, and other reforms. In the course of time most of them were swal- lowed up by the Radical party, but the Eastern Swiss Democrats, with about 18,000 votes, chiefly in St. Gallen, Thurgau, Appenzell Ex- terior, and Glarus, have always maintained their independence of the dominant party. In the Federal Assembly their representatives have joined with the Socialists in the formation of a social political group, so-called, for cooperative eflFort to advance progressive legislation. [294] PARTIES AND PARTY ORGANIZATION III. The Social Democratic Party "The Social Democratic party," according to one of its Swiss leaders, "is the political organiza- tion of wage workers, employees, and the eco- nomically weak generally, with which the socially minded of all classes have united themselves." ^ This description somewhat idealizes the situa- tion, for while the great majority of Socialist party members belong to the working classes, there are large bodies of laborers and of the "socially minded" as well, in other parties. The principal centers of Socialist strength in Switzer- strength land are the great industrial cities, — Zurich, °' . „ , . Socialists Winterthur, Basel, Bern, Biel, and Olten. At the election for the National Council in 1908, 70,000 votes were cast for the candidates of this party. Although this amounted to sixteen per cent of the total popular vote, the Socialists secured only four per cent of the seats in the lower house. Under the circumstances it is quite natural that they should strongly favor proportional representation. The principal tenets of the Swiss Social Demo- Foreign crats are the same as those of their comrades in '^"«°*« on party other countries. Foreign influence, especially that of the German Marxians, has been very powerful in their party. A surprisingly large number of its leaders are of foreign birth or of ' P. Pfliiger, "Handspiegel fiir Nationalrats-Wahler," p. II. 1295] GOVERNMENT OF SWITZERLAND foreign parentage and education. As a move- ment Socialism "seeks to control all the powers of the state and to bring about the collective ownership and control of the principal means of production and exchange, in order that poverty, class antagonisms, vice, and other ill results of the existing social system may be abolished, and that a new and better social system may be attained." As a social forecast it holds "that the next epoch in the evolution of society will be distinguished by the social owner- ship and control of the principal agencies of production and exchange, and by an equaliza- tion of opportunity, as a result of this socializa- tion." ^ Already, however, Switzerland has attained a higher degree of democratic control than any other country, and, as we have seen, it has also made great strides toward collective ownership of its great industries. It is doubt- less because of these facts and the wide diffusion of small property holdings that Socialism has remained relatively so weak in Switzerland as compared with Germany and France. While cooperating more or less grudgingly in the nationalization of railways and other plans for state ownership sponsored by the Radical party, the Socialists have always criticized that party severely. Such steps as it took toward nationalization of industry, according to these critics, came too late, were not comprehensive ' Spargo and Arner, "Elements of Socialism," p. 5. C296] PARTIES AND PARTY ORGANIZATION enough, and were designed primarily to raise revenue and only secondarily to improve the condition of the workers. To the Socialist the Radical party is a dominant party in appearance only; behind it stands the real ruler of the country, — a sinister capitalistic hierarchy. Like all its pi'edecessors, as the Swiss Social internal Democratic party acquired a following it devel- *"*"' oped internal differences. Its members exhibit every shade of opinion from an advanced but pacific radicalism to violent revolutionary prop- agandism. In igoi, the party formed an alli- ance with the Grutliverein, an association of workmen of advanced views which with its numerous branches and thousands of members had exerted a strong influence in favor of labor reforms. To the younger and more extreme ele- ment of the Socialist party, however, the moderate "Grutlianer" were anathema, and late in 1916 the partnership was dissolved. It remains to be seen how far this action will affect Socialist strength in future elections. Since the outbreak of the war the Swiss Social- Extreme ists have been largely preoccupied by the ques- ^f^, tion of militarism. Formerly their attitude was "sts favorable to, or at least tolerant of, defensive armament. During the last few years, however, the younger and more extreme wing of the party has been carrying on a campaign against military preparation of any sort. "Not a man and not a penny" is the slogan of this element, and at C297] GOVERNMENT OF SWITZERLAND the party diet of June 9, 1917, they succeeded in carrying their views by a vote of nearly three to one. Henceforth Socialist members of the Federal Assembly are to be instructed to vote against all military resolutions, credits, and laws, and the party is to undertake the organiza- tion of Swiss workingmen for the most extreme and resolute resistance against the participation of the country in any war. By another resolu- tion on the same occasion the Swiss Socialists declared for class war until existing governments are brought down and the present European war ended by revolution.'- It is hardly neces- sary to say that these sentiments are repulsive to the great mass of patriotic Swiss citizens, particularly so at a time like the present when a large part of the young manhood of the country stands in arms at the frontiers to protect the country against invasion. Internationalistic doc- trines of this character are inconsistent with the declarations of nearly all the older leaders of the party and with the opinions of many of its mem- bers. Thus the war, which, already has split the Social Democratic party in a number of countries, is likely to have the same effect in Switzerland. Dr. Emil Kloti of Zurich, a well-known writer on proportional representation, is president of the Socialist party in Switzerland. Among its older and more conservative leaders are Councilor ' Berner Bund, June 11, 1917. [298] PARTIES AND PARTY ORGANIZATION of State Heinrich Scherrer of St. Gallen; and the following National Councilors: Hermann Greulich, Paul Pfliiger, and Robert Seidel of Zurich; Eugen WuUschleger of Basel; and Gustav Miiller of Bern. The following are leaders of the extreme anti-militaristic and revolutionary wing of the party: Messrs. Nobs, Flatten, and Miinzenberg; and National Councilors Robert Grimm of Bern, Charles-Th. Naine of Lausanne, and Ernest Graber of Neuchatel. Besides the regular party organizations, Switzer- Propa- land possesses a large number of propagandist ^^f associations, local and national, some of which ciaoons have done very effective political work. The .Griitliverein has been mentioned already. Hel- vetia, founded in 1858, pushed the construction of the Gotthard tunnel, completed in 1882, and the Neue Gothardvereinigung of later date looks after the interests of the public in relation to railroad service in that part of the country. Emulating the Gotthard success, the Pro Sempione society waged a campaign for the Simplon tunnel, which was completed in 1^6. The Eidge- nossische Verein is an influential conservative club. Three great campaigns for proportional representation in national elections have been waged by the Schweizerischer Wahlreformverein fiir proportionale Volksvertretung. The Foderativ- verhand des eidgenossischen Personals is constantly growing in strength, and during recent years has exerted marked influence upon the federal legls- [299] GOVERNMENT OF SWITZERLAND lature in matters affecting the wages and con- ditions of labor of government employees. Woman The woman suffragists of Switzerland are suffrage organized in the Schzveizerischer Frauenstimm- rechtsverein. There are also many local suffrage and feminist associations. A number of the latter are petitioning for the right of married women to administer their own property. They also ask that husbands shall be compelled to give full accounts of their means and personal ex- penditures. At the annual meeting of the national suffrage association in 191 7, a resolu- tion was adopted favoring the use of the initia- tive to secure an amendment to the federal constitution conferring the vote upon women. It is not probable, however, that this end will be attained in the near future. In view of the progress made by the Swiss in so many fields of democratic endeavor, they must be adjudged backward to a rather startling degree in the movement for woman suffrage. To a large extent this is due to the fact that the German- speaking sections of the country share the general Teutonic antipathy against any agitation for woman's rights. There is also some opposition due to clerical prejudice. On the other hand, the Swiss have dealt generously with women both in the matter of admitting them to higher educa- tional institutions and in freely opening up to them numerous trades and professions, — oppor- tunities of which, by the way, they have availed C300] PARTIES AND PARTY ORGANIZATION themselves eagerly.' While this policy deprives the sufFragists of a grievance, it also enables them to maintain that their educational training and economic contribution justify the extension of the franchise to them. So far Swiss women have won only a few local victories for suffrage, none of which is of great political significance. In 1908, Vaud conferred upon them the right to vote in the church com- munes — that is, to help choose parish councilors and pastors. However, women were not made eligible to these offices. Urban Basel followed the example of Vaud in 1917. Recently Neuchatel conferred upon women the right to vote for and be elected to Conseils de prud'hommes, i.e., councils which adjudicate in disputes between employers and employees. The first election under this law occurred in October, 191 7. Women participated in large numbers, electing 46 out of 438 councilors.^ There has been considerable agitation lately for municipal suffrage in Bern and Geneva. In addition to the influence wielded by the clubs and associations referred to above, party motives are frequently crisscrossed by racial and linguistic tendencies. Voters in French and ' On this point see an interesting but rather too optimistic article on "Women and Democracy in Switzerland," in the "Atlantic Monthly," 110:423-426 (September, 1912). ' "International Woman Suffrage News," 12:42 (Decem- ber, 1917). C301] GOVERNMENT OF SWITZERLAND Italian speaking cantons are exceedingly jealous of their separate interests. Even those whose affiliations are with centralizing parties do not hesitate to abandon that attitude at the least threat of anything hostile to their local interests. News- Newspapers also play a great part in Swiss •"'*" politics. Although functioning usually as the poutics organs of one or another of the political parties, they are singularly free from partisan rancor or personal vituperation. The news accounts of meetings of national and cantonal legislatures, city councils, party diets, and other political assemblages are complete and unbiased to a de- gree almost unknown in the United States. Solid argument and dry facts are used unsparingly, and there is none of the effort so common on this side of the Atlantic to play up a single sensational incident in such a way as to over- shadow events of real significance.'- 1 Among Swiss daily newspapers the Bund of Bern is perhaps the most useful for students of politics. It is the nearest approach to an "official" paper that exists in Switzer- land, and as such supports the Radical party. Of the same partisan attitude is the Neue Ziircher Zeitung, which is valu- able not only for its political news and views, the latter somewhat pro-German, but also because of the attention it devotes to commercial, financial, industrial, and agricultural interests, especially those of eastern Switzerland. Other important dailies are the Vaterland, the leading organ of the Catholic Conservative party, Luzern; the Easier Nach- richten. Liberal Conservative; the National Zeitung, Radical, Basle; La Liberie, Catholic, Freiburg; La Revue, Radical, Lausanne; La Gazette de Lausanne, Liberal Conservative; [302] PARTIES AND PARTY ORGANIZATION The present strength (1917) of the principal parties in the two houses of the federal legislature is as follows: ' Name of Party- Council of States National Council 16 I 21 I 5 39 13 108 18 Liberal Democratic (Conservative) Independent Democratic (Radical) ^inor parties and independents . . II Total 44 189 Present strength of parties In federal legis- lature It will be observed that the number of the Catholic Conservatives is much greater pro- and Le Journal de Geneve, Liberal Conservative. There is no really prominent Socialist paper. The Tagwacht, Bern, and the Easier Vorvidrts are perhaps the most noteworthy of the party's organs. Occasional articles of political interest may be found in the following Swiss reviews of a more general character: Wissen mid Leben, semi-monthly, Zurich; La Semaine litteraire, Geneva; and La Bibliotheque Universelle, monthly, Lausanne. An excellent brief discussion of Swiss journalism may be found in A. T. Story's "Swiss Life in Town and Country," Ch. XVII. The authoritative reference in this field is the "Annuaire de la Presse Suisse et du Monde politique," published in Geneva. ' According to a recent newspaper report, the new National Council, elected in December, 1917, for the ensuing three years, is constituted as follows: Catholic Conservatives, 42; Liberal Democratic, 11; Independent Democratic, 100; Social Political Group, 5; Social Democratic, 19; minor parties and independents, "j; with five seats as yet undecided. C303] GOVERNMENT OF SWITZERLAND portionally in the upper than in the lower house. This is due to the fact that the strength of the Clericals is in the small cantons, each of which nevertheless sends two members to the Council of States. As the Radicals are strongest in the larger cantons, which also elect but two members each to the Council of States, the latter party- does not come out so well in the upper house as in the lower. In both houses members are seated not according to party but according to the districts which they represent, — another evi- dence of the moderation of party feeling in Switzerland. Coming as he does from an exceedingly noisy and strenuous political environment, the American student is predisposed to find the quieter methods of Swiss parties ineffective, and the parties themselves of small importance. It is true that Swiss political groups are exceedingly stable, as figures showing their strength from year to year in the National Court cil amply demonstrate.* 1 The strength of the four principal parties in the National Council at various dates is given as follows: Party Name Year 1878 1890 1902 Catholic Conservative 35 31 69 3S 22 83 6 35 25 97 9 Liberal Democratic (Conservative) Independent Democratic (Radical) .... Social Democratic C304] PARTIES AND PARTY ORGANIZATION There is no large mass of independent voters to turn the country sensationally and without warning from one side to the other. Counting Radicals of today as an outgrowth from the Lib- erals of a generation ago, it may be said that the republic has been under the control of a single party from its foundation in 1848. And it is generally agreed that party feeling is less marked, party action more restrained, since 1874, than in the earlier period of the federation. For this comparative quietness and absence of Apparent passion a number of reasons may be given. First, "^g^*^ there is virtually no patronage to be secured by pouucs partisan activity. Professional politicians are almost unknown in Switzerland. Second, the referendum enables the people to overthrow the work of a legislator without dismissing him from his seat. Third, the members of the national executive are not chosen by popular vote. Among minor reasons may be mentioned the brevity of legislative sessions and the comparatively small size of electoral districts, which makes it possi- ble for voters to know candidates personally. While these causes ejtplain the apparent orgam- placidity of Swiss political life, it by no means ""'"' follows that the parties of that country are weak parties in organization or ineffective in action. There is something of the federal idea in the structure of the greater national parties. Each of the latter rests upon a number of cantonal party groups which have large autonomous powers in C305] GOVERNMENT OF SWITZERLAND their own districts. Often the name of a local party differs from that of the national group with which it is aflSliated, — a situation which em- phasizes sharply the distinction drawn between state and national politics. On national issues, however, these local bodies obligate themselves not to take action without consulting the central party officials. Provision is also made in the statutes of the various national parties for individual membership on the part of adherents living in sections of the country where the party enrollment is not large enough to warrant or- ganization. The supreme authority of a party is vested in a diet which will be described later. Each party possesses a central committee chosen annually, either by the cantonal organizations or by the diet, to conduct the affairs of the party. In the Radical party this committee is made up of thirty-two members, one from each canton and half canton, except Ziirich, Bern, and Vaud, which are given two each. The cen- tral committee of the Liberal Democratic party includes besides the cantonal delegates all repre- sentatives of the party in the Federal Assembly and one representative from the editorial office of each party organ.' As the central committees are too unwieldy for frequent meeting, they usually select a smaller executive committee from their midst. In both the Radical and Socialist parties ' Cf. "Die Statuten der schweizerischen liberal demokra- tischen Partei," Politisches Jahrbuch, XXVII, p. 738, 1913. C306] PARTIES AND PARTY ORGANIZATION there are organizations known respectively as the Young Radicals and Young Socialists, although this appellation seems to signify not that the members are youthful in years but rather that they are advanced in their views.' Each national party chooses a president, vice presidents, secretary, treasurer, etc., who have seats in the executive committee. It is by the party diets, however, that all this Party machinery is set in motion. These are held *'*'* annually, or more often if emergency warrants, in one of the principal cities of the country, designated for the occasion. Between three and four hundred delegates attend the diets of the larger parties. Among the delegates of the Socialist party, which favors woman suffrage, there is always a considerable number of women. Many party members who are not delegates come from neighboring localities and increase the attendance materially. After the presentation of the annual reports and accounts of party officials, the diet turns to public matters. The course pursued by its mem- bers in recent sessions of the Federal Assembly is reviewed, and sometimes sharply censured. In these, as in all other proceedings of the diets of their parties, representatives in the National Council and Council of States and even members ' Sunday schools such as exist in other countries are main- tained by Swiss Socialists for the training of children in party principles. C307] GOVERNMENT OF SWITZERLAND of the Bundesrat play a prominent part, nor does there seem to be any feeling that participation by the latter constitutes undue partisanship or the unfair use of official position. Next on the regular program the diet takes up the large immediate issues of the day. Thus, at the diet of the Radical party held in Bern, June 19-20, 1917, the two great topics considered were ad- ministrative reform and the financial program of the Federal Council. It is the custom to ap- point in advance two authorities on each of such questions, one to report in German, the other in French. These reports usually embody a thorough analysis of the question and conclude with definite proposals for its solution. After the authorities have spoken the matter is open for general discussion from the floor, which is often animated and prolonged. In the end a decision is reached and formulated in a resolu- lution which is presumed to bind the party and the party's representatives in office. At diets of minority parties the circulation of initiative petitions to secure certain party ends is a fre- quent subject for discussion. It will be noted that the Swiss party diet differs sharply from an American national con- vention in that it is concerned solely with party policy, not with nominations. And in its de- termination of questions of policy it acts with perfect openness, the whole body of delegates taking part in the proceedings without a trace C308] PARTIES AND PARTY ORGANIZATION of the noise and disorder which mar our national conventions. PersonaHties are almost com- pletely absent from these discussions. The frequency with which the diets are held also has the advantage of securing a new and authori- tative statement of national party policies at least once a year, whereas we have to wait four years from one platform to the next. Of course these conditions might be changed if Nomi- Switzerland turned to a single president elected °**''>°* by the people instead of a Federal Council of seven chosen by the Federal Assembly. Nomina- tions to the Federal Council and to other im- portant offices within the gift of the federal legislature are made not by the diets but by party caucuses composed of members of the two legislative houses. At present the only popularly elective federal officials are representa- tives in the National Council and in the Council of States, so far as the latter are chosen by the people. As electoral districts are small, nomina- tions for these offices are usually made by a meet- ing of the party members of the district or canton concerned. In districts where a contest is hope- less, minority parties do not as a rule nominate candidates. The principal parties often agree among themselves upon the number of seats to which each is entitled in a district electing several members to the National Council, and nomina- tions are then made by each accordingly. Some- times a growing party becomes dissatisfied with C 309 ] of Swiss parties GOVERNMENT OF SWITZERLAND its quota and attempts to capture an additional seat or two. The result, of course, is a political campaign of unusual fierceness until a new balance of power is worked out. In all these contingencies, however, one must reckon with the Swiss voter's dislike of rotation in office, as a result of which a sitting member is not to be dismissed out of hand even though his party's waning strength would not enable him to retain his seat. At his death or resignation, however, the inevitable change is promptly consummated. Influence Deficient as Swiss political life is in spoils- hunting, noise, and sensationalism, it is apparent that the national parties of the country are admirably organized for the work they have to do. In the diets of the parties the greater issues of national politics are first threshed out. As it exists today the federal government Is largely the product of such decisions in the past. In the contemporary action of the diet of the dominant party the course of the government in the imme- diate future is usually forecast. In the decisions of minority parties the strategy of the opposition is outlined in advance. Every action of the diets is characterized by a high degree of intelli- gence and efficiency. Both in what they do and in what they leave undone Swiss parties might serve as models for parties in certain other countries. [310] PARTIES AND PARTY ORGANIZATION SELECTED BIBLIOGRAPHY Adams, F. O., and Cunningham, C. D. "The Swiss Con- federation," Ch. VII (Political Parties). Dawson, W. H. "Social Switzerland," Pt. I, Ch. V (The Griitli Association). Lloyd, H. D. "A Sovereign People," Ch. XIII (Swiss Social- ism). Lowell, A. L. "Governments and Parties in Continental Europe," Vol II, Ch. XIII (Switzerland: Parties). Macy, J. "The Swiss and Their Politics." In "American Journal of Sociology," Vol. 2, pp. 25-42 (July, 1896). Ogg, F. a. "Governments of Europe," pp. 434-437. Seignobos, C. "A Political History of Europe since 1814" (translated by S. M. Macvane), Ch. IX (Switzerland). C311] CHAPTER XIV THE cantons: organization Cantons TN Spite of the immensely greater territory of ^*" A the United States, the differences existing among between the various states are small compared seWes ^^*^ those existing between the cantons of Switzerland. In historic background, in economic, racial, linguistic, and religious conditions, the latter exhibit wide divergences which have been described elsewhere. The result is a peculiarly vivid local life, which to many a citizen and politician is more absorbing than the distant and less colorful life of the federal union. Even in •size the cantons vary greatly, ranging all the way from Graubunden and Bern with 2773 and 2657 square miles respectively, down to Zug and SchaflFhausen with 92 and 114 square miles respectively. Some of the cantons include both urban centers and wide areas of farming country; others are almost entirely agricultural and pas- toral; while two of them — Geneva (108 square miles) and Urban Basel (14 square miles) — are virtually city states. Politically also the cantons differ widely among themselves. At one end of the scale are the six democracies, — Uri, Upper Unter- walden, Lower Unterwalden, Glarus, Appenzell C312] THE CANTONS: ORGANIZATION Interior^ and Appenzell Exterior, in which a Landsgemeinde or popular assembly is the supreme legislative authority. Next in the degree of their democracy come eleven cantons each with some form of the obligatory referendum: Zurich, Bern, Schwyz, Zug, Solothurn, Rural Basel, SchafFhausen, Graubiinden, Aargau, Thur- gau, and Valais. Seven are democratic to the extent that they possess the optional referendum — namely, Luzern, Urban Basel, St. Gallen, Ticino, Vaud, Neuchatel, and Geneva. Freiburg alone is still without the referendum in either form. It is, therefore, the sole remaining case of a purely representative or republican form of government among the cantons of Switzerland. As regards their internal organization, on the simi- other hand, all the cantons follow the same ^*^ general plan. With the exception of the six internal democratic states, which will be discussed in '"^' .... zatxon detail later, each has a unicameral legislature usually called the Grand Council (Grossrat, Grand Conseil, Gran Consiglio), sometimes the Cantonal Council (Kanionsrat). These bodies are elected by popular vote, — in ten cantons by the method of proportional representation, — usually for terms of three or four years.^ The basis of repre- sentation is very low, especially in the smaller cantons. Thus in Zug there is one member of the legislature for every 350 inhabitants; in SchafFhausen, one for every 500. Even in the > In Graubiinden for two, in Freiburg for five years. C313] GOVERNMENT OF SWITZERLAND larger cantons the basis of representation is much lower than the average fixed for state legislatures in the United States. In Freiburg, Ticino, and Neuchatel, for example, it is one representative to 1200 inhabitants; in Zurich and St. Gallen, one to I5cx>; and in Bern, one to 3000.^ As a result of these low ratios cantonal legislatures have a relatively large membership, ranging from somewhat less than 100 in smaller cantons to over 200 in the larger. The Cantonal Council of Zurich, for example, has 223 members. The Students of state government in the United grand States are more and more inclined to doubt the desirability of bicameral legislatures. While the Swiss adopted the latter system in their federal scheme, they do not seem to have con- sidered it suited to the needs of cantonal govern- ment. Nor is hasty legislation the result of the absence of this favorite device of the check-and- balance theorists. In deliberateness and sound judgment and in the quality of their discussions, the Grand Councils take high rank, several of them comparing favorably with the two national houses themselves. To a foreign observer the lengthy and systematic reports of the proceed- * To complete the list the following intermediate figures may be quoted: Aargau, one to iioo inhabitants; Luzern, Geneva, and Valais, one to 1000; Solothiirn and Rural Basel, one to 800; Schwyz, one to 600; Vaud, one to 350 voters, equivalent to about 1600 inhabitants; Thurgau, one to 250 voters, equivalent to about 1 150 inhabitants. [314] THE CANTONS: ORGANIZATION ings of cantonal legislatures in Swiss newspapers are particularly impressive as indicating the extent to which their deliberations are followed by the public. With bodies of this character the value of a second house for the purpose of avoiding hasty action is not likely to be great. Moreover, if restraining action of this sort should become necessary, the people themselves could provide it by means of the referendum. According to the federal constitution, cantonal iniuatiTe constitutions must "have been ratified by the *",* •^ referen- people, and may be amended whenever the dum majority of the citizens request it" (Art. 6, *" cl. c). In addition to this absolute application of the initiative and obligatory referendum to their constitutional affairs, eleven cantons, as was noted above, have adopted the obligatory refer- endum applying to ordinary legislation. In most cases the latter includes all laws, which thus come automatically before the people for final decision. However, the output of a Swiss can- tonal legislature does not run to anything like the bulky volume or two of statutes turned out annually by our American state legislatures. In nearly all cases it barely fills a small pamphlet of a few score pages. Moreover, the same dis- tinction is made as in the case of federal legisla- tion between laws and inferior forms of the expression of the legislative will, the former only as a rule coming before the people under the obligatory referendum. As the laws thus C315] GOVERNMENT OF SWITZERLAND represent but a small part of the restricted legisla- tive output of a year, the people are not over- burdened by being compelled to pass judgment upon a large number of bills at any one time. Besides laws, certain financial measures are specifically subject to the obligatory referendum in several cantons. Thus all money grants in excess of 250,cxx3 francs, or of an annual sum of 20,000 francs, must be approved by the people of Ziirich. Several cantons not only have the obligatory referendum applying to laws and large appropriations but also the facultative referendum (i.e., conditioned upon the gathering of the signatures of a certain number of petition- ers) applying to other resolutions and decrees of the legislature. In Bern and Aargau the budget as a whole was formerly subject to the obligatory referendum, with the result that it was thrown out so often by the economical electorate that the matter had to be withdrawn from popular control.^ Each of the seven cantons employing the optional referendum has fixed a definite number of signatures necessary to make a petition effec- tive, ranging from 1000 in Urban Basel to 6000 in Vaud.^ In Luzern and Ticino the requirements ' Lowell, "Governments and Parties," II, p. 270. At present the obligatory referendum in Bern applies to appro- priations in excess of 500,000 francs; in Aargau, to all laws. ' For the other cantons the numbers are: Luzern and Ticino, jooo; St. Gallen, 4000; Neuchatel, 3000; and Geneva, 2500. C316] THE CANTONS: ORGANIZATION are rather stifF, working out to something Uke fifteen per cent of the qualified voters. The lowest requirements are those of Urban Basel, — something less than four per cent, — and of St. Gallen, — about seven per cent of the electorate. In several cantons the number of signatures required for the initiative on ordinary legislation is the same as that fixed for the facultative refer- endum. A larger number of signatures is required for the constitutional initiative by some cantons. Thus Bern requires I2,cxx) signatures for an initiative proposing an ordinary law and 15,000 for a constitutional initiative; Zug requires 800 signatures for an ordinary initiative and 1000 for a constitutional initiative. In other cases, how- ever, — as, for example, Luzern, Schwyz, Urban Basel, Rural Basel, Aargau, and Geneva, — the same number suffices for both kinds of initiatives. All cantons now have the initiative for ordinary legislation except Freiburg, and even in that canton 6000 voters may bring the question of a constitutional revision before the electorate. Constitutional amendments may be proposed Consa- by the cantonal legislatures as well as by initiative petition. Facilitated by these two methods, the ment process of change is a continuous one. All but seven of the cantons possess constitutions of later date than the federal revision of 1874.^ 1 The fundamental law of Ticino dates from 1830, that of Geneva from 1847, of Neuchatel from 1858, of Zurich and Thurgau from 1869, but all these have been amended re- [317] tutlonal amend- GOVERNMENT OF SWITZERLAND On the whole, the initiative and referendum seem to work as well in the Swiss cantons as in the federation. It should not be forgotten that these two democratic institutions have had a much longer history in some of the former than in the latter.^ Indeed, it was the popularity of the initiative and referendum in the cantons that led to their adoption by the federation. And this popularity continues; vigorous and frequent use of both these agencies of direct popular government is the rule in cantonal affairs. Thus in the fifteen years from 1893 to 1908, the initiative was invoked eleven times, peatedly in important particulars. Here again, however, Freiburg is an exception; its constitution, dating from 1857, remains virtually unchanged. Of later date than the fore- going are the constitutions of Bern, 1893; Luzern, 1875; Uri, 1888; Schwyz, 1876 (revised, 1898); Upper Untetwalden, 1902; Lower Unterwalden, 1877; Glarus, 1887; Zug, 1894; Solothurn, 1887 (revised, 1895); Urban Basel, 1889; Rural Basel, 1892; Schaffhausen, 1876; Appenzell Exterior, 1908; Appenzell Interior, 1872; St. Gallen, 1890; Graubiinden, 1892; Aargau, 1885; Vaud, 1885; and Valais, 1907. ^ In the imperfect form of the "veto," the referendum was introduced by six cantons between 183 1 and 1852, all of which subsequently accepted the more effective modern form of this institution. Prior to the adoption of the federal constitution of 1874, seven other cantons established the true legislative referendum in either obligatory or optional form. The initiative for ordinary laws was somewhat later of devel- opment. However, six cantons introduced it between 1845 and 1874. For lists with dates see Lowell, "Governments and Parties," II, pp. 251, 281; Stiissi, "Referendum und Initiative in den Schweizerkantonen," pp. 66-68. [318] THE CANTONS: ORGANIZATION and the obligatory referendum brought eighty- one measures before the people of the canton of Zurich. Of course in the less populous cantons which have a smaller legislative output the use of these two democratic devices is not so fre- quent."^ It is beyond question, however, that the initiative and referendum have come to stay in the cantonal as well as in the federal sphere. The prevailing tendency is to strengthen and facilitate the use of these tools of direct popular rule. Within recent years two cantons have substituted the obligatory for the optional refer- endum. There is a widespread conviction among the Swiss that Freiburg is reactionary, largely because of the failure of this canton to introduce the legislative initiative and referendum. Other causes contribute to strengthen this view, chiefly the extremely ultramontane character of the poli- tics of the canton. It is, perhaps, something more than a coincidence that the only Swiss state which does not possess the ordinary initi- ative and referendum does possess a political machine and a political boss somewhat on the same order as the worst-governed American commonwealths.^ In each Swiss canton the executive power is Cantonal intrusted to a board or commission usually ezecu- tlTes ' See the admirable tables in Lowell, "Public Opinion and Popular Government," pp. 311-365. ' Cf. article on "Political Boss in Switzerland" in the "Review of Reviews," 42: 226 (1910). C319] GOVERNMENT OF SWITZERLAND of five or seven members/ and variously known as the Administrative Council {Regierungsrai), the Small Council (Kleinrat), or the Council of State (Conseil d'&tat, Consiglio di Stato). The term of office of this council is in nearly every case the same as that of the legislative body. In all except two cantons the executive commission is now chosen by the people. Zug and Ticino employ proportional representation for this purpose. Election by the legislature was formerly universal, but at present (191 7) this method remains in vogue only in Freiburg and Valais. At the head of each administrative council stand a president (Landamman) and a vice president {Statth alter). The principal duties of the council are to execute the laws and resolutions passed by the legislature and people; to main- tain order and security within the state; to supervise and report upon the entire adminis- tration of the state, further to supervise com- munal administration; and finally to draft bills at the request of the legislative branch. As in the case of the Federal Council, the executive council of a canton acts as a board upon all matters of importance. For convenience in handling administrative details the members are assigned to separate departments bearing such names as the Department of Charity, 1 In Bern and Appenzell Interior there are nine members; in Lower Unterwalden, eleven. [320] THE CANTONS : ORGANIZATION Education, Finance, Police, Sanitation, Justice, Military Affairs, Building, the Interior, Com- merce and Trade, Industry and Agriculture, and the like. The relations between an adminis- trative council as a whole and its legislative superior, the Grand Council, are similar to those existing between the Federal Council and the Federal Assembly. Incidentally it may be noted that members of the cantonal executives attend sessions of the legislative body and are subject to interpellation at any time by any member of the latter. The smaller cantons are directly administered Admims- as a single unit by their administrative councils, j'?!* Larger cantons are divided into a number or districts {Bezirke, Amtsbezirke), of which, for ex- ample, there are eleven in the canton of Zurich, subdivided into 189 communes; and thirty in the canton of Bern, subdivided into 507 com- munes. In each of these districts a Regierungs- statthalter represents the interests of the state gov- ernment, giving special attention to the supervision of communal administration, the investigation of crimes, and the maintenance of order by means of the district police force. He is assisted by a district clerk, who in several cantons keeps the records of land ownership and mortgages. A curious institution known as the recall The {Abberufung) still survives in a number of can- '*"'" tonal constitutions. The earlier Swiss theory of a total constitutional revision seems to have C321] GOVERNMENT OF SWITZERLAND been that it amounted to a ccanplete change in the course of the ship of state, and hence that an entirely new set of officers should be called to the helm.^ In twelve or thirteen cantons, therefore, complete revision was accomplished by the election of a new legislature, occasionally also of a new executive and other important office holders. As in the case of the federation, however, the greater ease of partial amendment has made total amendment and the recall of offi- cials in connection therewith a thing of the past. In eight cantons, however, another form of recall exists which may be employed at any time that a sufficient number of petitioners request it " and a majority at the ensuing election favors it. This form of the recall is usually applicable to the legis- lative body as a whole, and in a few instances to the members of either house from a single electoral district. The institution is of considerable antiq- uity,' but in an era of vigilant public opinion, of the initiative and referendum, and of officials di- rectly elected for short terms in small districts, it seems to have outlived its usefulness. At least there is no record of its employment during the present political generation. Nor does it seem to ' Stiissi, "Referendum und Initiative," p. 152. " These are Bern, I2,cxx3 signatures; Luzern, 5000; Solo- thurn, 4000; Rural Basel, ijcxs; Schaffhausen, 1000; Aargau, Sooo; Thurgau, 5000; and Ticino, 11,000. ' See article by Margaret Schaffner, "Recall of Officials in Switzerland," "Yale Review," 18:206 (1909). C322] THE CANTONS: ORGANIZATION have been known to the originators of the recall idea in the United States.^ Each canton has its own judicial system. The There are numerous local differences, but the ""f* same general principles are observed ever3nvhere. The court hierarchy is composed of (i) the justice of the peace {Friedensrichter, Juge de Paix) in each commune; (2) the district court (Amtsge- richt); and (3) the superior or cantonal court {Obergericht, Kantonsgerichi). In civil cases the amount involved determines the court of first instance, and every case may be appealed at least once. The justice of the peace is com- monly called the "mediator" (Fermittler), for it is his duty to settle every case brought before him by arbitration if possible. If not, he deals with it judicially or else remands it to the proper court. His fees are the same in either case, so that he has no motive to promote litigation. Among a people so prone to going to law as the Swiss,^ the work of the mediator is of high social value. In a large proportion of cases he suc- ceeds in reconciling quarrelsome married couples, smoothing over village rows before heads are broken, .and nipping lawsuits in the bud before court costs and lawyers' fees eat up the property of the litigants. ' Rappard, "Initiative, Referendum, and Recall in Switzer- land," Ann. Am. Acad., 43 : 129 (1912). 2 Cf. Gottfried Keller's great classic, "Romeo und Julia auf dem Dorfe," in his "Leute von Seldwyla." [323] GOVERNMENT OF SWITZERLAND The district court consists of from five to seven judges, usually elected by the people for from one to eight years, — three, four, and six year terms being most common. Seven to thirteen judges sit on the bench of the superior or can- tonal court. They are usually chosen by the legislature. A division of the latter court acts as a Court of Cassation; that is, it hears cases on appeal and if it finds sufficient grounds re- mands them for retrial. No cantonal court possesses the power to declare an act of the legislature unconstitutional. Courts In industrial districts special courts of com- "' merce {Handelsgerichte, Tribunaux de Commerce) and and industrial courts {Gewerbegerichte) have been industrial established.^ The former are composed of one courts . . . ... or two judges sitting with from two to five merchants of expert practical knowledge. On the latter sit representative employers and workmen. Both of these specialized courts deal with controversies arising in their particular fields when the amount involved does not exceed a certain sum, — 200 francs, for example. Ap- peal from their decisions may be taken to courts of the regular hierarchy. By simplifying and speeding up procedure and reducing costs, these courts have enormously facilitated and cheapened justice in the many small contro- * Cf. H. L. Sumner, "Industrial Courts in France, Gei^ many, and Switzerland," U. S. Bureau of Labor Bulletin, 24: 273-464 (January, 1912). [324] THE CANTONS: ORGANIZATION versies arising between merchants or between employers and employees. Criminal cases are tried in courts separate Criminal from those which deal with civil suits, except "°*^ that on appeal some criminal cases may be car- ried before a division of the district court or of the superior court sitting as a criminal chamber. Petty offenders go before a police magistrate. The investigation of felonies is made in smaller districts by a court president, in some cantons by the Bezirksstatthalter. Questions of fact in crim- inal cases are decided by juries, which number six or nine members oftener than twelve. Jury- men are elected by the people in the manner already described.' The smallest unit of local government in Swiss Switzerland is the commune. Constitutional °°™' munes provisions and legal codes regulating communes differ from canton to canton, but there is suffi- cient uniformity of organization to permit descrip- tion in general terms. Several varieties of this smallest self-governing unit are recognized. Thus there are the ancient burgher communes {Biir- gergemeinden, communes bourgeoises), which are primarily economic in character and strictly Hmited as to membership. Many of these communes possess extensive estates in forest, meadow, and tillable land or other properties, the usufruct of which is apportioned among the burghers or devoted to the relief of their 1 See Chapter VII. C325] GOVERNMENT OF SWITZERLAND orphans and dependants. Then there are the parishes or church communes {paroisses, Kirch- gemeinden), which include the members of a given religious confession who pay a church tax and elect certain ecclesiastical authorities. By far the most important of these ultimate self-governing units, however, are the political or resident communes {municipalites, Einwohner- gemeinden), which were first established under the Helvetic Republic (1798-1802). Unlike the exclusive burgher and church communes, these latter include all persons living within their boundaries whether local citizens or not, and indeed whether Swiss or foreigners.^ Only those who are citizens of Switzerland may participate in the administration of the political communes, but all other residents must contribute to their support by paying taxes. Although limited as to territory, political communes differ widely in population. At one end of the scale are remote mountain hamlets of less than fifty in- ' The shifting of population under the stress of modem industrial forces has made the special privileges enjoyed by burghers seem unjust and invidious. As a result burgher communes have been merged with political communes in some parts of the country, the property of the former passing to the latter. In other cases the property of the burgher communes has been divided with the political communes. Finally there are cases in which the burgher communes — sometimes reduced to little close corporations jealously clutching all their ancient special privileges — continue to exist within the body of the political commune. C326] THE CANTONS: ORGANIZATION habitants; at the other, cities of the largest size, up to and including Ziirich with over 2cxd,ooo people. All together, there are 3164 political communes in Switzerland. Like certain low forms of organisms, Swiss political communes are capable of indefinite scission without loss of vitality. Thus when neighborhood needs demand it the inhabitants of a given valley or district will form a school commune {Schulgemeinde), building their own schoolhouse, taxing themselves for its support, and supervising its conduct. Local or quarter Q"^" communes of this sort {Orts- oder Viertelsgemein- munes den) are also formed to secure a better local water supply, better fire protection, and the like. At the same time these subdivisions remain subject to their larger political commune in all more important matters. On the other hand, political communes which are too small to provide for proper facilities in any line will unite for that one purpose. For example, there are numerous so-called Zivil- gemeinde formed in this manner, which take charge of cemeteries and burials within their collective territory, electing and paying the necessary officials. In most of the smaller communes the principal The organ of government is a town meeting, in which ,^^^^^ all Swiss citizens permanently domiciled in the commune usually have the right to vote. Some cantons impose a tax-paying as well as a resi- [327] GOVERNMENT OF SWITZERLAND dential qualification. The town meeting deliber- ates upon the more important communal affairs, passes ordinances, authorizes all larger expendi- tures, fixes the tax rate, and elects the communal officials. In cities which are too large for so democratic a form of government a city council or Stadtrat, sometimes called the greater city council {Grosser Stadtrat) to distinguish it from the smaller administrative council, is chosen by popular vote. This council takes definitive action upon matters of minor importance, and elaborates projects of major importance for acceptance or rejection by local referendum vote. The The principal administrative authority of a mraai commune is the communal council {Gemeinderat), councu usually of from five to nine members, although a smaller or larger number may be chosen according to the size of the place. There is a striking similarity between this body and the commission of one of our American commission- governed cities. The communal council is chosen either by town meeting or direct popular election. The presiding officer of this administrative board is usually known as the communal president; in cities as the city president. There is also a vice president. In all important matters the com- munal council acts as a body, so that the city president does not stand out as an independent authority like our American mayor. In large, cities, however, the members of the administra- C328] THE CANTONS: ORGANIZATION tlve council divide their work, each undertaking the supervision of a department, as, for example, the department of schools, police, buildings, finances, etc. Sometimes a commission is chosen to undertake the direction of one of these departments. Of the subordinate communal officials some are other elected by the town meeting, while others are ''®"»'* appointed by the administrative council. Their number varies, of course, with the size of the place. Prominent among these officials are the communal clerk, the treasurer, and the justice of the peace or mediator. The communes of Switzerland not only per- Good form the ordinary functions of villages and cities ^J*"^ in the United States, but have also entered upon Swiss a number of undertakings more commonly in- trusted by us to county and even state govern- ments. Thus the larger and richer communes maintain hospitals; asylums for the blind, deaf, and dumb; and other charitable institu- tions. In these works of mercy they receive generous support from private persons and philanthropic associations. Municipal play- grounds and baths, municipal museums, col- lections, and theaters are found in all the more important cities of the country. Excellent school buildings and equipment are the rule. Many communes have adopted the policy of municipal ownership and operation of waterworks, street railways, and gas and electric-lighting plants. C329] com- munes GOVERNMENT OF SWITZERLAND With the careful management characteristic of the Swiss, this policy has proved both successful and popular as a general rule. One of the secrets of the remarkable efficiency shown by Swiss communes in nearly all their manifold undertakings is the extraordinary facility with which they subdivide and unite for specific ends. In the simplicity and democracy of their organi- zation as well as in the resourcefulness and econ- omy with which their functions are performed they take high rank among the best-governed municipalities of the world. SELECTED BIBLIOGRAPHY Adams, F. O., and Cunningham, C. D. "The Swiss Fed- eration," Ch. VIII (The Communes); Ch. IX (The Cantons); Ch. X (Cantonal Tribunals). Lloyd, H. D. "A Sovereign People," Ch. Ill (The Com- mune); Ch. XI (Municipal Ownership). Lowell, A. L. "Governments and Parties in Continental Europe," Vol. II, pp. 220 fF.; "Public Opinion and Popu- lar Government," Chs. XII to XV inclusive, also Appen- dix A (Results of the Referendum and Initiative in Switzerland). MosES, B. "The Federal Government of Switzerland," Ch. VIII (Internal Relations). Vincent, J. M. "Government in Switzerland," Part I (Cantonal Government). [330] CHAPTER XV THE cantons: functions SWISS cantons "exercise all the rights which Cantonai are not delegated to the federal govern- *»"*" ment." ^ A large number of important func- tions fall within this sphere of residuary powers. The cantons legislate on poor relief and supervise the execution of such laws by the communes, often assisting the latter by subsidies. Many cantons have added extensively on their own account to federal regulations designed to promote the public welfare. Thus several of them have gone much farther than the central government in fixing standards for the protection of working women. Laws providing for the observance of Sundays fall within the competence of the can- tons. The latter also have the power to license drinking places, and in this and other ways they endeavor to combat alcoholism. In cooperation with the federation the cantons issue regulations designed to safeguard the public health. They see to it that the pure-food laws are observed and take necessary precautions against the spread of contagious disease. Also they build and maintain hospitals, insane asylums, and sani- tariums. ' Federal constitution. Art. 3. C331] GOVERNMENT OF SWITZERLAND Pro- In a country where agriculture bulks so large ™°*'™ as in Switzerland, the effort of the cantons to agricui- promote this great economic interest is or prime *"* importance. By legislation, and sometimes by subsidies, they have done much to improve the lot of the farmer. The cantons make contri- butions toward projects for the improvement of the soil, the draining of swamps, the con- struction of roads, cattle insurance, insurance against hailstorms, cattle prizes, and the like. A number of cantons maintain agricultural schools which are noted for their practical and highly efficient courses of instruction. They also arrange for "state fairs" not unlike those held in some of our own agricultural common- wealths, industey Much is also undertaken by the cantons for ""^ the promotion of industry and commerce. The com- , * , . -f merce industrial schools, industrial continuation schools, and industrial museums maintained by some of them are justly famous at home and abroad. Several cantons have passed laws against unfair competition, although much remains to be done to check certain abuses resulting from economic freedom. The cantons have also contributed greatly to the development of commerce and industry by the construction of splendid high- ways, the building and subsidizing of railroads, and the chartering of banks. Justice A large part of the administration of justice is in the hands of the cantons. Enactment of C332] THE CANTONS: FUNCTIONS uniform federal codes has reduced their impor- tance in this field, but cantonal laws still hold good in penal matters, and the cantons still provide for the organization of their courts and the choice of judges. Cantonal police protect life and property and maintain the public peace. Penal and correctional institutions, many of which are renowned for their humane and progressive management, are also maintained by the cantons. In the field of local government, as we have already noted, the cantons are supreme. They enact codes for the regulation of the communes and supervise the administration of the latter. The whole common-school system of the Schools country is administered or supervised by the cantons, subject to certain general rules laid down in the federal constitution. In 1848 the only educational power granted to the central government was that of establishing a university and a polytechnic school.^ Advantage was taken of this provision to create the famous Federal Technical University in Ziirich, but the project of a national university has not yet been realized. However, the interests of higher education are far from being neglected in Switzerland, for the cantons of this little country now maintain no fewer than seven universities, located at Basel, Zurich, Bern, Geneva, Lausanne, Freiburg, and Neuchatiel. In 1874, a great step forward was taken by " Art. 22, Constitution of 1848; Art. 27 in present con- stitution. C333] GOVERNMENT OF SWITZERLAND adding to the constitution a number of clauses extending the power of the federation in the field of education.' The cantons were to continue providing for primary instruction, but they were to see to it that it was sufficient in amount; that it be placed exclusively under secular author- ity; that it be made compulsory, free, and of such a character that the public schools might "be frequented by the adherents of all religious confessions, without any offense to their freedom of conscience or belief." There was a distinctly minatory note in the concluding clause of this article, to the effect that "the federation shall take the necessary measures against such cantons as do not fulfill these duties." The establishment of federal control in this field proved more difficult than was anticipated, however. In 1882, a law was passed under the article just referred to, providing for the creation of the office of secretary of education. Imme- diately the friends of local autonomy in education invoked the referendum, and with the support of the religious prejudices of the Catholic cantons this law was overwhelmingly voted down, Novem- ber 26, 1882. Realizing that persuasion is better than force, the advocates of federal supervision finally succeeded in securing an amendment to the constitution in 1902,^ which, while expressly ' Art. 27, clauses 2, 3, and 4 of present constitution. 2 Art. 27 ii, adopted by referendum vote on November 26 of that year. [334] THE CANTONS: FUNCTIONS recognizing that the "organization, direction, and supervision of the primary schools shall remain within the competence of the cantons," provides further that subventions shall be granted to the cantons in order to aid them to fulfill their duties in the field of primary instruction. Taking advantage of this new power, a law of Federal June 25, 1903,1 authorizes a federal school sub- subsidies sidy amounting to 60 centimes per capita of the population, which may be increased to 80 cen- times in eight mountain cantons, owing to the special diflSculties due to their situation. The law expressly provides that cantonal appro- priations for educational purposes are not to be diminished because of the receipt of the federal subsidy. In spite of this development of federal power, the measure of autonomy in school affairs which remains to the cantons is very extensive. No doubt this results in comparatively low standards in certain parts of the country, but it permits the adaptation of methods to local conditions everywhere. Nor is there anything to prevent the more progressive cantons from establishing higher requirements than those of the central government. Thus, while the federal law fixes twelve as the limit of primary-school age, it has been raised to fourteen, fifteen, and even Edu- sixteen years in some cantons. Taking the ^°^ country as a whole, educational standards are ards 1 A. S. XIX, 709. C335] of civics GOVERNMENT OF SWITZERLAND generally excellent. In 1910, only one in a thousand of the young men who presented them- selves for military training could not read, and only three in a thousand could not write. During the year following, the total expenditure on instruction amounted to eighty-six million francs, of which slightly more than half (51.6 per cent) was raised by the communes, the rest being raised by the cantons. Teaching Swiss education excels in two particulars: its universality and its highly practical character. As to the first, the people thoroughly understand that a form of government so democratic as their own will work only upon condition that there is the widest possible diffusion of education. For the same reason they give particular attention to instruction in civics, Swiss manuals on this subject being marvels of clarity and complete- ness. As to the second point, the Swiss have Voca- always been noted as an eminently practical people, and it is not strange therefore to find that there is hardly a trade or vocation in life for which excellent preparation is not offered in common or special schools. For example, there are schools in silk weaving, wood and iron working, watch and clock making, embroidery, and household management. In addition there are the numerous agricultural schools referred to above, with specialized courses such as fruit growing, vegetable gardening, bee culture, etc.; a number of commercial schools, mercantile C336] tlonal training THE CANTONS: FUNCTIONS secondary schools, and commercial high schools; and finally the administration schools which prepare young men and women for the federal post, telegraph, telephone, and customs services. The direct military powers of the cantons. School once quite considerable, have been greatly ^^'^' reduced by the progress of centralization in this field. Nevertheless, excellent preparation for army service is afforded by the thorough gym- nastic training given in the common schools. Careful attention is devoted to school hygiene, including periodical medical inspection, provision of baths for pupils, supervised sports and hikes through the most beautiful parts of the country, vacation colonies, milk cures, and school lunches. "Our people," says M. Seippel, "have always understood that in elevating their children they were elevating themselves." Pedagogically the Swiss remain worthy of having produced a Pestalozzi, a Rousseau, and a Pere Girard. Students familiar with American state govern- Reiigton ment should have no difficulty in understanding the functions thus far described of Swiss cantonal governments. It will not be so easy for them, however, to comprehend the religious powers exercised by the latter. The historical back- grounds are widely different in the two cases. In this connection it is particularly well worth remembering that Switzerland is the only Euro- pean country which fought a religious war — that of the Sonderbund — during the nineteenth [337] GOVERNMENT OF SWITZERLAND century. Out of that war there came the present constitution, the general provisions of which with regard to rehgion and freedom of conscience have already been presented.^ Since 1848, reli- gious bitterness has largely disappeared in Switzerland. Nevertheless, all but two of the cantons still maintain established churches. Nine cantons support the Roman Catholic confession exclusively; fourteen have Evangelical national churches.^ Of the latter, one supports the Protestant confession only, while the remaining thirteen contribute also to the support of one or more of the Catholic factions. In one canton the Jews too receive state aid. Zurich, Bern, and Graubiinden also recognize dissenting groups, at least to the extent of permitting them to use the church buildings of the parent denomination at hours other than those reserved for orthodox services. The ecclesiastical law of each canton deter- mines the local relation between church and state. Control by the latter is much closer in some cantons than in others. The internal government of the established churches also varies from extreme democracy to moderate aristocracy. Frequently the congregation elects the pastor and other church officials, and it is, in general, the great source of authority. In • See Chapter III. 2 Protestants have a majority of the population in twelve cantons. Catholics in ten. [338] THE CANTONS: FUNCTIONS Neuchatel, on the other hand, the synod of ministers was for a long time all powerful. Within the limits set by the federal constitution, however, the ecclesiastical law of each canton may be amended freely by its legislature. Ministers are paid by the state out of taxes specially levied for this purpose. The members of each denomination receiving support are sub- ject to such taxes. In certain Protestant cantons, however, persons may evade payment by making a declaration that they have given up church membership. For a long time there has been a considerable movement among the Swiss in favor of dis- establishment. The separation of church and state in France (1905) added impetus to this movement, with the result that Geneva and Urban Basel have since enacted laws disestab- lishing their state churches. A similar proposi- tion was voted down in Neuchatel in 1906. Owing to its historic fame as a leader in the dis- Reformation, Geneva's decision on this issue is «s'»W'sh- . . n meat particularly mteresting. As a result of French in immigration the majority of the population of Geneva that canton became Catholic in 1900. This majority, however, was split into factions, part belonging to the orthodox Roman Catholic confession and others to the so-called Old Catho- lics, a nationalistic sect which had broken away from the mother church early in the seventies. At first the Old Catholics enjoyed considerable C339] GOVERNMENT OF SWITZERLAND success and were given, probably not without a certain anti-papal malice on the part of Genevan Protestants, exclusive use of the church of Notre Dame. Naturally this arrangement was dis- tasteful to the orthodox Catholics, who as they grew in power became stronger in advocacy of disestablishment. In this position they were supported by radicals opposed to any connection between church and state, and by not a few Prot- estants who believed that the dignity and effec- tiveness of the church would be enhanced if it gave up all connection with the government. With the combined support of these various elements a separation law was passed by the cantonal legislature, and on June 30, 1907, was ratified by referendum. In accordance with the terms of this law Geneva, the "Protestant Rome," dropped from her budget, beginning Jan- uary I, 1909, all appropriations for religious pur- poses excepting pensions paid to aged ministers. Cantonal In Order to carry on all the varied functions taxes recapitulated above, the cantons exercise wide powers of taxation. The general constitutional principles operating in this field, particularly the segregation of direct taxes for the use of the cantons, have been discussed elsewhere.' There is great diversity in the tax systems of the various cantons. In 1900, about 13 per cent of their total income was made up of con- tributions from the federal government; 30 per 1 See Chapter VIII. C340] THE CANTONS: FUNCTIONS cent from direct taxes on land, property, and incomes, and from poll taxes; 12 per cent from inheritance and transfer taxes; about 5 per cent from dues for franchises granted by the state; 10 per cent from monopolies such as the sale of salt, which is a state monopoly in all cantons, a-nd from state enterprises such as cantonal banks and mortgage-loan banks; 13 per cent from productive property in mountain pastures, forests, vineyards, etc.; and the remainder from various small sources, including departmental income and fees.^ In a large majority of the cantons the direct taxes on property and income are progressive. Most of them tax income from property at much higher rates than earned income. Under the circumstances it is perhaps not unnatural that tax dodging is alleged to be by no means uncom- mon in Switzerland. It is said that before taking up their residence in certain cantons, wealthy persons are wont to arrive at an under- standing with local tax officials regarding the figure at which they are to be assessed. In nine cantons an effort is made to combat the evil of tax dodging by a peculiar device known as " Inventarisation." This consists in the seizure and retention of the property of a deceased person until its value can be ascertained. If it is discovered that false returns have been made, heavy punitive taxes are collected from the 1 J. Steiger, " Finanzhaushaltes der Kantone," Pt. I, p. 33. C341] GOVERNMENT OF SWITZERLAND iniien- estate. Inventarisation is effective, but it is tfo"*"" rather hard on the sorrowing family, particularly in cases where there has been no tax dodging. The employment of this process is also said to stimulate the giving away of considerable amounts of property by persons who anticipate death in the near future. During periods of unsettlement, direct taxes show far less shrinkage than indirect taxes. For this reason cantonal finances have not been so much affected by the war as the finances of the federation. It must be remembered, too, that the heavy burden of mobilization fell almost entirely upon the central government. Some cantons have even shown financial gains since the war began, but most of them have been forced to increase rates and seek new sources. Their situation will also be somewhat relieved by the shares to be paid over to them from the new federal war taxes. ^ Cantonal Swiss cantons still possess a minimum of oowMs power in the making of certain kinds of treaties with foreign countries. Since 1848, however, "all separate alliances and all treaties of a politi- cal character between the cantons are forbidden" (Art. 7, cl. i). This provision effectually disposed of the danger of future Sonderbunds, or separate leagues within the federation. But a later clause of the same constitutional article permits the cantons "to make conventions among them- 1 See Chapter VIII. C342] powers THE CANTONS: FUNCTIONS selves upon legislative, administrative, or judicial subjects. In all cases, however, they shall bring such conventions to the attention of the federal officials, who are authorized to prevent their execution if they contain anything contrary to the federation, or to the rights of other can- tons. Should such not be the case, the con- tracting cantons have the right to call upon the federal officials for their cooperation in the carrying out of the convention" (Art. 7, cl. 2). Under this provision of the federal constitution Concor- groups of cantons have repeatedly been formed '*'*' to secure common action in certain fields. Con- ventions or agreements of this character are called "concordats." It is the custom to leave concordats open, so that cantons which do not join them at first may do so later. Mention has already been made of the concordat regu- lating the use of automobiles and motor cycles.* In 1894, all the cantons except Glarus came to an agreement regarding a common pharma- copeia. The latest illustration of this kind of joint action dates from 191 1, when fourteen cantons united in a guarantee of mutual assist- ance in the execution of all claims falling within the field of public law, especially tax claims.^ Subsequently eight other cantons have announced their acceptance of this measure. The Swiss method of the concordat solves in an easy, legal, and perfectly safe way the prob- 1 See Chapter IX. ^ a. S. XXVIII, 621. C343] GOVERNMENT OF SWITZERLAND lem of securing uniform legislation and adminis- tration on the part of the states of a federal union. In the United States we have made much less progress toward its solution, although our needs in this line are incomparably greater owing to the very large sphere of legislative powers reserved to the states. Our failure to accomplish more is due in part to the silence of the federal constitution on this subject, as a result of which we have been obliged to invent extra-legal agencies, such as the so-called " House of Govern- ors," in order to promote interstate comity and uniform legislation.'^ ciuzen- The few general provisions of the Swiss ^^^ federal constitution on citizenship have been presented already.^ They culminate in a clause to the effect that "every citizen of a canton is a Swiss citizen" (Art. 43). As a rule cantonal constitutions simply pass the matter one step farther on by providing that every citizen of a commune is a citizen of a canton. In general, therefore, the naturalization policy of Switzer- land is left to the independent, not to say arbi- trary, decision of the innumerable communes of the country. There is only one restraint upon their action, and that of a purely negative character. A federal law requires the approval of the Federal Council, given upon the advice of its Political Department, before communal ' Cf. Beard, "American Government and Politics," p. 406, note. 2 See Chapter III. C344] THE CANTONS: FUNCTIONS and cantonal citizenship can be conferred upon any person. Now although the communes of Switzerland waturau- may be admirably constituted for the perform- ""'"' ance of the functions of local government, they are most emphatically not qualified to decide a matter so intimately related to the national interest as naturalization. This is particularly the case with the citizen communes, which are preferred in the exercise of this function wherever they exist. Usually the number of citizens of such communes is markedly smaller than the number of local residents. Newcomers who might become a burden upon the poor rate are not desired as citizens. Moreover, the citizen communes own valuable properties in the All- mends, or common pastures, forests, etc., from which they derive not inconsiderable revenues. Naturally the beneficiaries place every possible obstacle in the way of new members. Thus fees are charged which sometimes run into the hundreds of francs. Where citizen communes do not exist, naturalization is in the hands of the political communes. Having no direct economic interest at stake, the latter confer citizenship much more readily. The result is a total absence of uniformity, naturalization being relatively easy and cheap in one place while in another close by it is absurdly difficult and costly. Prior to the present war this condition, anom- alous as it was, caused no great complaint. C345] GOVERNMENT OF SWITZERLAND Foreigners generally were quite satisRed to be recognized merely as residents, finding that this entitled them to a full measure of economic and social rights. In the year 1910, the number of cases of naturalization occurring in Switzerland amounted to only eighteen per cent of the for- eigners arriving in that year, and to only seven tenths of one per cent of the total number of foreigners then domiciled in the country. But with the outbreak of war a rush began to obtain Swiss citizenship and with it the protection of a government strongly committed to a policy of neutrality. Some communes, it must be ad- mitted, were not superior to the temptation of coining large sums of money out of the situation. In 191 5, one little Bernese town admitted 263 citizens at 300 francs each, while the capital city of that canton admitted only fifteen. Dur- ing the same year the number of persons natural- ized in Switzerland as a whole was three times as great as the average for years preceding the war. It will be recalled that many foreigners resident in the country are political and military refugees whose acceptance as citizens might lead to international unpleasantness. All in all, there is urgent demand for a drastic reform of the naturalization process, which will elimi- nate local caprice, abolish the mercenary element, and establish uniform standards throughout the whole country. According to Lord Bryce, the nearest parallel [346] THE CANTONS: FUNCTIONS to an American state is to be found in the cantons American of Switzerland.^ As the preceding chapter ^^** showed, however, these two units of government Swiss differ sharply so far as organization is concerned. "^"•"^ Nevertheless, many of our American states have modified their structure considerably by intro- ducing the initiative and referendum in more or less conscious imitation of Swiss models. On the side of function, with the exception of church establishments, Swiss cantons are indeed a very close parallel to American states. Apart from education and social reform we of the United States have been too little interested in Swiss cantonal experience. The Swiss, on the other hand, have observed the practice of our states with great care and much profit to themselves.* Thus the experiments made by American states in such fields as penal reform, municipal govern- ment, expropriation, federal guarantees, electoral methods, and the like, have been reflected in the debates of many Swiss cantonal legislatures. 1 "American Commonwealth," edition of 1910, Vol. I, p. 413. ' W. E. Rappard, "Suisse et fitats-Unis," pp. 10 it seq. C347] GOVERNMENT OF SWITZERLAND SELECTED BIBLIOGRAPHY Dawson, W. H. "Social Switzerland," Part II (Industrial Peace); Part IV (Poor Law Agencies); Part V (Tech- nical Education). Fetter, F. A. "Witzwil, a Successful Penal Farm.'' In the "Survey," Vol. 25, pp. 760-766 (February 4, 1911). Sellers, E. "Poor Relief in Switzerland." In "Gin- temporary Review," Vol. 94, pp. 459-476, and Vol. 95, PP- 349-364 (October, 1908, and March, 1909). Smith, A. T "Current Educational Movements in France and Switzerland." In Report of U. S. Commissioner of Education, 1913, pp. 808-811. Story, A. T. "Swiss Life in Town and Country," Ch. V (Public Education), Tate, W. K. "Some Suggestive Features of the Swiss School System." U. S. Bureau of Education, Bulletin No. 56. 1913. Vincent, J. M. "Government in Switzerland," Ch. X (Community and Citizenship). C348] CHAPTER XVI PROPORTIONAL REPRESENTATION IN SWISS CANTONS THE inequities arising from a majority or EvUa of a plurality system of election are a com- ""'"^'y monplace of political observation. Under either plurality system the results are particularly bad when *y^**™ several parties contend for the mastery in large districts to each of which a number of repre- sentatives are apportioned. If the districts have been artfully gerrymandered, conditions may become well-nigh intolerable. A few decades ago abuses of this sort were endemic in a number of Swiss cantons. Thus in Geneva an election held October 7, 1846, resulted in giving the Conservatives, with 1342 votes, twenty-nine seats in the Grand Council, whereas the Radicals, with 1409 votes, obtained only nineteen seats! On this occasion the Radicals resorted to violence. Election riots due to similar causes were by no means unknown in other cantons. Particularly was this the case in Ticino, where the Conservatives also had a strangle hold on the situation. As a result violence occurred there in 1889, on a scale suffi- cient to make federal intervention necessary. Only a year later open rebellion broke out, and again the federal government had to intervene. C349] GOVERNMENT OF SWITZERLAND Pro- Beginning in the sixties a group of earnest poruonai g^gg reformers advocated proportional repre- repre- as a remedy sentauon sentation as a means of avoiding all these evils. Their first practical success was in Geneva, which adopted the new method for the election of its legislature in 1892. The electoral diffi- culties in Ticino led the Federal Council itself to suggest to the warring parties of that canton that they try proportional representation as a remedy. Accordingly it was adopted as part of the constitutional revision of 1892. At once party peace was restored, nor has it since been broken. Subsequently proportional representa- tion has been adopted for the election of the legislature in eight other cantons, or ten in all.^ Four of these have also introduced it in man- datory or optional form for communal elections. Two cantons which do not employ it in legis- lative elections (Freiburg and Valais) provide for it in communal elections. The city of Bern went over to proportional representation in 1899, and was followed by Biel in 1908. At the present time it is employed in one manner or another by rather more than half the population of Switzer- land. Efforts to introduce it into elections for the National Council have been discussed else- where.^ ' Names and dates as follows: Neuchatel and Zug, 1894; Solothum, 189s; Urban Basel, 1905; Schwyz, 1907; Luzem, 1909; St. Gall, 1911; and Zurich, 1916. 2 See Chapter IV. C3io] PROPORTIONAL REPRESENTATION Generally the so-called list form of proper- ust fom tional representation is the method employed ^^^^' in Switzerland, All forms require that each represen- election district shall choose a number of repre- sentatives, and that these shall be divided among the parties proportionately to their voting strength. It follows, of course, that the larger the number of representatives to be elected in any one district the better the chance of small parties to score a success. Thus with three representatives a minority party must cast one third of the total vote to be entitled to one seat; with six to elect it need cast only one sixth of the votes to secure one seat, and so on. It would be easy, however, to carry this too far, with the result that voters might be compelled to choose between four, five, or more long lists of candidates' names submitted by as many dif- ferent parties.- Many minor and confusing differences of An method prevail among the Swiss cantons as to ^^ proportional representation. Perhaps the best trauon way to illustrate the system is by the citation of actual figures. The following are taken from an election held in the Spalen quarter of Urban Basel, May 6 and 7, 1905, to choose sixteen members of the Grand Council: "^ * E. Kloti, "Texte der schweizerischen Verhaltniswahl- Gesetze," p. 90. Urban Basel, it will be recalled, is a city- state, and the Grand Council or cantonal legislature is iden- tical with the city council. ['351 ] GOVERNMENT OF SWITZERLAND I 352 CO CO i-( ^H c*^ to t-l ^ Thw ir^ > 1— 1 ''■ I'si 4-* W B ■».» 5? ■a s Rudin Name List vo Total 1 ■*■*•" OsO On 00 p< d t^ t*^ N t-t t^-t S 1— ( « en )— 1 haffner. haublin ayer. . . Name vote. List votes. Total votes :^c^§ VO crioo tJ- tn en t-( 00 00 NO w Ml t^ 00 in »^ 00 UO ■* 00 u^ -^(^ c*- c* n r» en (H 5: H-t H- 1 ■ ■ ■ 5 ■ B 4J CO . . . • u< fe : J § 5 1 ^ Rupe, Sattle Mulle Keller Fecht Lusch Lang Loche Name List vc Total 1 -*^o 00 « 00 « 00 On On c* 1 00 iH ^ en 1 tnvo 00 t"^ HH fr^ t-i t^ cr M t>. J^ ui •<*- "1 en en Then -^oo ^ 1 wi VO 1— t u * • • *l • ', 4J erber. . urtler. . auser. . eitz istel . . . phrnuUe ingier. . ufer. . . iattner . amevote St votes. 1 UwOKtEQ j«P!l5 fe:^5 PROPORTIONAL REPRESENTATION Although referred to above simply as Lists I, II, III, and so on, each such list represents a political party the name of which actually appears on the ballot under the list number. In Urban Basel nominations may be made by any ten qualified electors. No candidate's name may appear upon more than one ballot. Each voter may cast as many votes as there are representa- tives to be elected in his district. He can use one of the official printed lists or tickets, scratch- ing it at will, or he can fill in a blank Hst to suit himself. In order that personal preference may be shown among the candidates of a party, the voter may cast two or three of his votes for one candidate. If a voter casts too many votes, those coming last on his list and which are in excess of the legal number are disregarded. If he does not cast the full number permitted by his list, those which he leaves vacant are nevertheless counted as "list votes," to the general advantage of the ticket. The total vote for each list and for the two independent candidates noted above is as follows: List I 6318 List II ' 4746 List III 3209 List IV IS93 Sacher (Ind.) 1014 Huber (Ind.) 318 Total 17,198 To ascertain the "election number," this total I S53 ] GOVERNMENT OF SWITZERLAND The is divided by the number of seats to be filled mmbet P^"* °"^' *"" '" *^^ ^^^^ before us, by seven- teen.^ The result (17,198 -i- 17) is exactly loii^, which is rounded off to the nearest whole number, or 1012. Next the total vote of each list is divided by the election number, as follows: List I 6318 -i- 1012 = 6 List II 4746 -s- I0I2 = 4 List III 3209 J. IOI2 = 3 List IV IS93 -h I0I2 = I Sacher 1014 4- 1012 = I Huber 318 -^ IOI2 = Seats in the Grand Council are assigned accord- ingly, six to List I, four to List 11, and so on. Distribution Usually this procedure disposes of all the seate"* seats and thus terminates the election. Some- times, however, one or more seats remain unfilled after the division of the total vote of each party by the election number. In such cases the extra seats may be assigned to the parties with the largest total vote, or with the largest remain- der after the division of their total vote by the election number. So far we have disposed of only fifteen seats in the example under con- sideration, and one more remains to be assigned. According to the law of Basel this is accomplished '■ By this method there is a greater chance of filling all the seats at the first division and also of avoiding large remainders, than when the total vote is divided by the exact number of seats to be filled. C354] PROPORTIONAL REPRESENTATION by a somewhat involved process, which, however, is considered to approximate very closely to the ideal of exact proportion. The total number of votes cast for each list is divided by a number equal to the number of seats already assigned it plus one, and the remaining seat is assigned to the list showing the largest quotient. Thus in the case before us: Number of votes Divisor Quotient List I 6318 4746 3209 IS93 1014 318 7 S 4 2 2 I 902^ 949J 802i 507 318 List II List III List IV Sacher Huber Accordingly the one extra seat is assigned to List II, and the election shows the following final result: List I, six seats; List II, five seats; List III, three seats; List IV, one seat; and Sacher, Independent, chosen. All that remains to be done is to designate as elected in each list the candidates with the highest individual votes, to the number each list is entitled to. The successful candidates are indicated by brackets in the table on page 352. If an office holder elected under proportional representation decides later to resign or is re- moved, the vacancy is usually filled by the unsuc- C355] GOVERNMENT OF SWITZERLAND cessful candidate of the same party or list who polled the highest individual vote at the latest election. In this way by-elections are obviated. The underlying assumption is that party strength remains the same from one regular election to the next, which may or may not be the case. Arguments Proportional representation is usually advo- 'o'raonai ^^*^^^ ^^ grounds of justice and fair play. It repre^n- prevents the overpowering of small parties by ****"" unduly swollen and sometimes brutal majorities. By enabling even small minority groups to obtain representation in the legislature, it gives a voice on public affairs to every new party, reform organ- ization, business class, or social group which can muster any considerable strength. Under this election system new and progressive points of view find early utterance in the legislature, and modify, if they do not control, the conduct of government. The bitterness of suppressed mi- norities, as well as any excuse for violence on their part, is thus removed. Advocates of the older system of election usually admit that it works to the advantage of the stronger party. However, they some- times maintain that the over-represented major- ity may be trusted to give sufficient consideration to the interests of the under-represented minority. To the latter argument. Dr. Emil Kloti, a leading Socialist authority on proportional representation in Switzerland, replies as follows: "The minority pays taxes and performs military service just the C356] PROPORTIONAL REPRESENTATION same as members of the majority, and therefore it cannot be satisfied with representation received as alms from the hand of the majority, and, at that, only when it pleases the latter to perform a moral deed. It [the minority^ wishes no alms and no favors; what it desires is the oppor- tunity — granted as a correlate of its civil obli- gations — to cooperate effectively in the choice of representatives of the people, in other words the right to its own representation in the legis- lative body. ... As in matters of religion, so also in matters of politics, it requires a quite considerable conquest over self on the part of convinced members of a party before they can attain to the view that each political party has a justification for its existence. Proportional representation has this principle of political toleration as its foundation, and for that reason must struggle so hard to make its way. How many, many citizens there are still in Switzer- land who believe that Social Democracy has no right to exist, and should be ignored as far as possible in all elections. How many others there are also who hold similar intolerant views against the Catholic Conservatives. . . . From the point of view of public law in general, pro- portional representation indicates a noteworthy democratic advance. It consists not in the creation of a new institution, but in the improve- ment of the already existing system of popular representation, and — ■ in our democracies — of C357] GOVERNMENT OF SWITZERLAND the referendum and the initiative, so that these may perform better than formerly the tasks imposed upon them. . . . That proportional representation cannot create a political Eldorado is, however, obvious." ■■ Argu- Against proportional representation the argu- "™**, ment is made that it is an extremely complicated against . . . . •' . '^ pro- and artificial system, running at times mto rather poruonai absttuse mathematical computations. In spite repre- - . . . . sentaHon of this objection election bureaus composed of Swiss peasants, with perhaps some help from the village schoolmaster, manage to solve such problems correctly. The list system as used in Switzerland, it is further alleged, emphasizes party lines. Moreover, if all parties nominate tickets in which the number of candidates is only slightly in excess of the number they may reason- ably expect to elect, the choice of the voters may be considerably restricted. Thus in the case of Basel, cited above, even with two inde- pendents running the people had to select sixteen out of a total of only twenty-five candidates. On the other hand, if each of a number of parties nominates a full ticket the ordinary voter will be unable to choose intelligently from the long lists of names presented to him. Advocates of the present election system admit that it usually results in a representation of the majority in excess of its deserts. Although somewhat inequitable, this has one distinct ^ " Die Proportionalwahl in der Schweiz," p. 302. C358] PROPORTIONAL REPRESENTATION advantage, — the dominant party is placed in a position to carry out its policies without too much partisan interference. If it succeeds, so much the better for the state. If it fails, the minority may be elevated to power at the ensuing election. In either event the situation is vastly better than the chaos of indecision, inefficiency, and bargaining which would result with the legis- lature dissolved into a large number of petty parties and groups by proportional representation. Another favorite argument advanced by mem- bers of the dominant Radical party in Switzerland is that proportional representation with its lists and computations dissolves that intimate per- sonal relation between representative and voter which exists, or is assumed to exist, under a system of majority or plurality election. From this party angle an opponent of the reform writes: "In place of an individual choice among candidates, there is a decision by the voter for or against whole groups of candidates. The right of the voter to make certain changes in the lists is of no great importance, since the system demands fundamentally that the voter shall accept entire lists without change. . . . This proceeding is all the more opposed to Liberal principles, since in accordance with its nature proportional representation demands the largest possible election districts. Hence the number of candidates grows greater and greater, and the electoral activity of the individual is reduced C359] Interests Involved GOVERNMENT OF SWITZERLAND merely to the taking of a position in favor of a given list or party tendency. . . . Such elections en masse cannot fail to exert an influence upon the sense of responsibility of the electors as well as the elected. . . . From a unit respon- sible for his individual choice, the voter becomes a small numerical element of a party. The successful candidate becomes a member of a collective group of representatives, and the danger is by no means inconsiderable that his feeling of personal responsibility may gradually be transformed into a more or less definite col- lective responsibility." ^ Partisan Besides these general arguments for or against proportional representation, motives of partisan advantage also play a considerable role. The various minority parties of Switzerland usually stand to win many new seats under proportional representation and thus favor it warmly.^ On the other hand, the dominant Radical party sees its majority threatened by this reform, and therefore opposes it energetically. For ' " Liberalismus und Verhaltniswahl," in the Neue ZMrcher Zeitung, December 8, 1916. 2 The force of this consideration is strilcingly shown by the election for the cantonal legislature of Zurich in 1917, — the first to be held under the system of proportional repre- sentation. In the preceding legislature the Socialist groups had only 46 seats as against 176 held by the various civil (anti-Socialist) parties. The election of 1917 increased the number of Socialist seats to 86, and reduced the number of anti-Socialist seats to 137. C360] PROPORTIONAL REPRESENTATION immediate political effect general arguments and partisan considerations are combined in various proportions and presented with maxi- mum emphasis by orators and in the press. Cases in point are furnished by the following translations of appeals made to the voters of Ziirich immediately prior to the submission of the initiative providing for proportional repre- sentation in that canton: {J gainst the Initiative) Regarding the Vote of Proportional Representation Fellow Citizens! We recommend that on next Sun- day you vote against the initiative providing for the introduction of proportional representation. Now as heretofore this system of voting appears to us to be artificial and difficult to understand. It is absolutely opposed to the essential concept of elections as held by our civil (i.e., anti-Socialistic) voters, because it does away with the personal relation between electors and elected. Also it dissolves the close relationship between the representative and the district from which he is elected. From the innovation only the extreme parties will derive an advantage, above all the Socialist party. Do you wish to increase the influence of the Socialist advo- cates of a class struggle and of other subversive groups?! It will bring disadvantage to the civil parties. Once more opposition will spring up between them. The good understanding between city and country will be endangered. Fellow Citizens! Do not forget that the initiative before you is of such a character that even the friends of the new system of elections who belong to the civil par- ties ha ve objected to it. The practice of substitution is [361] Popular appeal against propor- tional repre- sentation GOVERNMENT OF SWITZERLAND retained, resulting in an unmoral snaring of votes, which falsifies every election return. Our administrative dis- tricts are too large for electoral purposes. The desires of whole sections of such districts for representation in the Cantonal Council are put in doubt. It is not a question of electoral justice, — that is a false and empty campaign cry. It is a struggle for power in the state. Shall it be transferred more and more to the Socialists? Are not forty-three of them in the Cantonal Council enough.? Or shall seventy or more of them be sent to the legislature to air their views.'! To state this question is to answer it. We do not desire to weaken the influence in the state of the parties of order, of men who beUeve in quiet progress and well- directed civic effort, of the thoroughly rooted sections of our citizenship, — namely, the agricultural, industrial, and mercantile classes. AWAY WITH PROPORTIONAL REPRESEN- TATION. We shall vote as a mass NO {Signed) Campaign Committee against Proportional Representation for the Cantonal Council [362] PROPORTIONAL REPRESENTATION (For the Initiative) We shall Vote for because this method of elec- Proportional Repre- tion assures each party as many sentation representatives in the Cantonal Council as it is entitled to in accordance with its vote. We shflll Vote for because it makes the electoral Proportional Repre- campaign a struggle over prin- sentation ciples, thus discouraging un- clean political maneuvers and attacks on personal character. We shall Vote for because it alone brings prog- Proportional Repre- ress and opposes reaction. sentation It places the power of the state in the hands of the people. We shall Vote for because through it alone the Proportional Repre- lesson of the World War may sentation be made to bear fruit for our canton. Proportional Repre- sentation alone will make possible the reform of the military system and of the finances of the state. {Signed) The Initiative Committee 1 Popular appeal in favor of pro- portional repre- sentation Upon reference to the people of Ziirich on December lo, 1916, the initiative referred to in the above manifestoes was carried by a vote of 48,601 to 41,906. A tremendous impetus [363: GOVERNMENT OF SWITZERLAND was given to the movement for proportional representation by this decisive victory in the second largest canton of the country. The advocates of "Proporz," as the reform is famil- iarly called by the Swiss, now look forward confidently to its success at no distant date in a number of other cantons and in the federation. It is significant that no canton which has adopted proportional representation has ever returned to the old system of voting. SELECTED BIBLIOGRAPHY HoAG, C. C. "Preferential Voting and Proportional Rep- resentation. U. S. Senate Document, 359; 63d Congress, 2d Session, 1914. Vincent, J. M. "Government in Switzerland," Ch. IV (Proportional Representation). C364] CHAPTER XVII L A N D S G E M E I N D E CANTONS: PURE DEMOCRACY IN STATE GOV- ERNMENT THE most picturesque and fascinating politi- The cal institutions in Switzerland, perhaps ^^„^ in the world, are the Landsgemeinden, which craoc exercise supreme legislative power in two whole "^*"*'"'* cantons, — Uri and Glarus; and in four half cantons, — Upper and Lower Unterwalden, Appenzell Interior and Exterior. Other cantons have subjected their representative legislators to a very considerable degree of democratic control by means of the initiative and referendum, but in these six the people themselves meet at least once a year to carry on their own govern- ment. Our nearest approach to this Swiss institution is the New England town meeting, but the latter, of course, deals only with questions of local government, whereas the Landsge- meinde cantons are as fully sovereign as any of their sister commonwealths under the federation. There has been a great deal of controversy OrigiM as to the origin of the Landsgemeinde. At the time when historic records begin it was apparently an outgrowth of the Hofgericht, or feudal manorial court. As the name indicates, such courts were primarily judicial bodies. Under the guidance C365] GOVERNMENT OF SWITZERLAND of appointed magistrates, the countrymen of the district acted as juries in cases coming under the customary law of the neighborhood. In the higher Alpine valleys, remote from over- lords, it is not difficult to conceive how the popular elements of these courts might contrive to accumulate political powers in their own hands. The Perpetual League of 1291, for example, shows them objecting to "any judge who has obtained his office for a price," and to "one who is not a native or resident with us." During unsettled times, when no magistrate appeared, the Landsgemeinde may have chosen its own judge and afterward maintained the right to do so. Similarly with the legislative powers it acquired. Besides its derivation from the manorial court, the Landsgemeinde is also indebted to the primitive mark system in accordance with which the common land, meadows, and Alpine pastures were distributed and cultivated. We have already noted the great extension of pure democracy in the government of the local com- munes of Switzerland, many of which still retain their Allmend or common property. The very name "Landsgemeinde" would seem to indicate the common origin of the two institutions. For while the Landsgemeinden deal with part sover- eign affairs, they are essentially "national com- munes," or, as H. D. Lloyd prefers to call them, "state communes." Many writers express the opinion that the [366] LANDSGEMEINDE CA>4T0NS Landsgemeinde is a descendant of the ancient Teutonic folkmote described by Tacitus. The theory is a fascinating one, but it must be remem- bered that twelve centuries elapsed between the time the Roman historian wrote his classic description and the first recorded Landsgemeinde, and also that during this period feudalism swept over Switzerland, invading even the most inacces- sible of its Alpine valleys. The earliest Landsgemeinde in which rights Earliest of self-government were exercised was held in J^^^ Uri as early as 1233 or 1234. Our modern inter- Lands- est in the institution is due, however, to its Jj^**"*'' exercise of legislative powers. In the latter sense the first Landsgemeinde was that of the men of Schwyz in 1294, who enacted a very important law taxing monasteries in the valley and the goods of aliens, as well as prohibiting the sale of real estate to either. It is worthy of note that the Landsgemeinde is older than the state; at least, it antedates the independence of the cantons in which it afterwards became the paramount political institution. With the excep- tion of the period of the Helvetic Republic, when they were suppressed by the French, Landsgemeinden have had an uninterrupted existence in Uri and Unterwalden from 1309 on; in Glarus since 1387; and in Appenzell since 1403. In these democratic cantons "an • immemorial freedom, a freedom only less eternal than the rocks that guard it, puts to shame the C367] CX)VERNMENT OF SWITZERLAND boasted antiquity of kingly dynasties, which, by ■^ its side, seem but as innovations of yesterday." ^ •^ At one time in the seventeenth century there were eleven Landsgemeinden in Switzerland. Part of these, however, were due to schisms caused by the Reformation. It was not unusual for the Landsgemeinden of this period to be marked by turbulence. They seem also to have been subject to a considerable amount of electoral corruption, judging from the number and severity of the laws enacted against "das Praktizieren," as this evil is familiarly called in Switzerland.^ In only eight cantons did the Landsgemeinde survive into the nineteenth century. One of these was Schwyz, the population of which grew too large and boisterous to be governed suc- cessfully by a democratic assembly. After the canton's unsuccessful experience in the Sonder- bund war, it established a legislature in 1848; During the same year Zug, the Landsgemeinde of which had possessed but a shadow of sover- eignty since the period of the French intervention, went over to the representative system. Since 1848 the number of democratic cantons has remained unchanged at six. In each Landsgemeinde canton there is at present an executive commission of from seven to eleven members, similar to the administrative * E. A. Freeman, " Growth of the English Constitution," P-2- ' Deploige, "Referendum in Switzerland," p. 9 et seq. [368] com- mission LANDSGEMEINDE CANTONS council of the representative cantons. The tandam- Landamman or president of these executive "*f commissions has much greater prominence and executive power in the Landsgemeinde cantons than the corresponding official in other cantons. Indeed, so far is this the case that it may be said of the most democratic cantons of Switzerland that they are the only ones which approach the presidential form of executive organization. Nor does the fundamental democracy of these cantons prevent the election as Landamman of men of aristocratic family, — not, of course, in the sense that they possess or favor special privilege, but that being of ancient lineage, of substance and education, they are naturally drafted to make the sacrifice of serving in offices which are exacting as to duties and anything but highly salaried. In this way each generation of certain prominent families may be called upon to con- tribute an incumbent to the honorable but burdensome post of cantonal chief executive. Although the Landamman' s term of office is only one year, it is customary for the Landsgemeinde to reelect him as long as he will consent to serve. There are a number of cases on record like that: of Eduard Blumer, who has been the chief magistrate of Glarus for thirty years. The Landamman is not only the governor, but in a peculiar sense the father as well, of his Uttle land.i 1 H. Ryffel, "Die schweizerischen Landsgemeinden," p. 229. [369] GOVERNMENT OF SWITZERLAND Advisory Besides the small executive council, each of councu ^Yie democratic cantons possesses an advisory body variously known as the Landrat, Kantonsrat, or Grosser Rat. In spite of the similarity of names, this body must not be confused with the legislatures of the cantons which have representa- tive institutions. These advisory councils are usually composed of the executive council, to which are added a number of representatives elected in communes or districts. Although they exercise certain minor administrative powers and may usually issue ordinances, the principal function of the advisory councils is to pass upon measures presented by citizens for the consid- eration of the Landsgemeinde. Owing to the standing of their members, any suggestions emanating from this source are certain to exert a considerable influence upon the popular assem- bly. From the constitutional point of view, however, it is the will of the latter which enacts the law of the canton. Powers As defined in their constitutions the powers of Landsge- ^^^ Landsgemeinden differ from canton to meinden canton. In general they include revision of the constitution, partial or total; enactment of ordinary legislation; taxation, debt issues, aliena- tion of public property and franchise grants; naturalization; creation of new offices and fixing salaries thereof; and election of executive and judicial officers of the canton. While most of these powers are legislative, others are clearly C370] wm'"^'"^' LANDSGEMEINDE CANTONS administrative in character. The Landsgemein- den do not, however, act in a judicial capacity. In the latter respect they differ from their alleged ancestor, the folkmote of Tacitus, which con- demned criminals and cowards by popular vote. Meetings of the Landsgemeinde are held in the Meetings open air, usually in a meadow near the chief town of the canton, but sometimes in its principal public square. Two of them adjourn to neighbor- ing churches in case of rain, but the others carry on their proceedings, often at much discomfort, regardless of the weather. The regular day of meeting is the last Sunday in April or the first in May. If business is not completed at the regular meeting, or if unusual circumstances demand it, a supplementary meeting may be called either by resolution of the Landsgemeinde itself, or of the advisory council, or upon demand of a certain number of qualified voters.' One of the most vivid brief descriptions of a Landsgemeinde in English is the following by Professor George L. Burr of Cornell University. The canton referred to is Appenzell Exterior, which is by far the most populous of the demo- cratic cantons. "We were welcomed at the home of Ober- richter Sturzenegger, and given a window which looked out directly upon the great square in which the twelve thousand odd voters were ' The number is fixed at 6$ qualified voters in Appenzell Exterior, at 150 in Uri, and at 1500 in Glarus. C371] GOVERNMENT OF SWITZERLAND A /closely packed. All came ' anstandig gekleidet' Landsge- — ^^ ^j^^ j^^ provides — in solemn black and in / with the swords of their ancestors at their sides. Appen- ^^ ^jjg appointed hour of eleven, the Landamman, Exterior \ the six Other members of the Regierungsrat, and the Landweibel, or crier, were escorted with great ceremony to the platform which stood near one end of the square. The proceedings were opened by a moment of silent prayer, and by a national anthem which was sublimely sung. Then the Landamman delivered an address which, judging by its reception, must have been eloquent, though at our distance I could hear only occasional sentences. Thereupon the assem- bly proceeded to its first order of business, — the auditing of the year's accounts. The question was upon their acceptance as correct, or the appointment of an auditing committee, and they were accepted outright by an enormous majority. Never have I seen a more curious sight than the coming up of all those white hands out of that black crowd. "Next came the election of officers. The question was first put always upon the reelection of the present incumbent; and in every case the reelection was almost unanimous, — a fact which is perhaps less surprising when one remembers that the highest salary paid to any public official in Appenzell is two hundred francs a year, — the judges of its Supreme Court get six francs a day, but only during the session. As Judge C372] LANDSGEMEINDE CANTONS Sturzenegger laughingly said, it is the way the canton manages to lay a tax on brains, — for every man elected is bound to accept or move out. "Funnily enough, only over the unimportant but noisy office of Landweibel was there a sharp contest. As the chief qualification is a stentorian voice, each of the candidates was required to recommend himself to the voters in a short speech, and you can think of nothing more comical than this competition; for, whether the aspirant piped or roared at the outset, he always ended in a squeak. "The manner of taking the votes is singularly fair to minorities. We had occasion to note this, especially in the filling of the two vacancies in the Regierungsrat. A mass of nominations were made, and taken down in writing. Then the question was put separately on the name of each candidate. From these the two who had received the fewest votes were now eliminated, and the question taken on each of the remainder, and so on until only two were left, when the decision was, of course, apparent, though more than once the vote had to be taken over and over before the Landamman would trust his eyes to declare it. On the announcement of the final vote, the position of the successful candidate in the crowd was shown by the thrusting up of all the swords in his vicinity, and the band sallied forth to escort him to the platform. For the second [373] GOVERNMENT OF SWITZERLAND vacancy the question was then put again, as be- fore, upon all the candidates but the elected one. "After the elections came the legislation. Only three bills were submitted. The first, the repeal of a practically obsolete law for the guar- antee of cattle, met with no opposition. The second, the proposed forcible closing of the ' Wirtschaften' at twelve at night, was rejected by a considerable majority. The third, provid- ing that even resident peddlers should pay a license, and that a license . . . should also be required of the keepers of 'Wirtschaften' (a bill, that is, to abridge the right of every citizen to peddle or sell wine as he pleases), was in both its clauses voted down overwhelmingly. The defeat of these measures was explained to us, and I think justly, as proceeding far less from any opposition to the ends they sought than from suspicion and impatience at their encroach- ment upon personal liberty. "The business being ended, there remained only the oath. It was read solemnly by the venerable clerk, and taken first by the Landam- man. Then, with bared heads, and three fingers lifted high in air, that army of freemen listened to its terrible clauses of vow and imprecation, unchanged from the Middle Ages, and rumbled with one voice its repetition of them. No man dared be silent in that throng. Then came another anthem, and the Landsgemeinde was over. It had lasted three hours. C374] LANDSGEMEINDE CANTONS "Never have I seen such perfect order, such perfect quiet, — not even in a body a tenth its size. Yet there were no police, not so much as a constable. Once or twice, after the most exciting votes, a slight murmur passed through the host, but a cry or two of 'Quiet' {Ruhig!), as the business began again, brought a hush as of death. The only break in the gravity of the proceedings was during the comical scene of the Landweibel competition. Did you ever hear twelve thousand men smile.? It was like the ripple, dash, and vanish of a wind-blown thunder shower." ^ Other Landsgemeinden are accompanied by Pomp greater pomp and ceremonial. Particularly is ""* . ; yT . - . ceremony this the case in canton Uri, where, after attendmg in Uri divine worship, a procession forms In the market square of Altdorf and marches to the place of meeting in the old meadow at Botzlingen. "Over their heads floats the banner, the bull's head of Uri, the ensign which led men to victory on the fields of Sempach and Morgarten. And before them all, on the shoulders of men clad in a garb of ages past, are borne the famous horns, the spoils of the wild bull of ancient days, the very horns whose blast struck such dread into the fearless heart of Charles of Burgundy. Then, with their lictors before them, come the magis- trates of the commonwealth on horseback, the 1 From a letter to Andrew D. White, published in the "Nation," Vol. 46, p. 446 (1888). [375] GOVERNMENT OF SWITZERLAND chief magistrate, the Landamman, with his sword by his side. The people follow the chiefs whom they have chosen to the place of meeting, a circle in a green meadow, with a pine forest rising above their heads and a mighty spur of the mountain range facing them on the other side of the valley. The multitude of freemen take their seats around the chief ruler of the commonwealth, whose term of office comes that day to an end. The Assembly opens; a short space is first given to prayer, silent prayer offered up by each man in the temple of God's own rearing. Then comes the business of the day." ^ ReUgious There is a strongly marked religious spirit in ^T'th every Landsgemeinde. It is a legislative assem- Landsge- bly, to be sure, but it is also a divine service in meinde vvhich the whole people participates. The im- pressive spiritual and educational eff"ect of such meetings is deeply realized not only by qualified voters but also by the younger men, women, and children of the canton, who stand just outside the circle in which the Landsgemeinde meets. By virtue of a beautiful old custom, the school- boys of Glarus are especially privileged to occupy a place immediately surrounding the presiding officials in the center of the ring. While the Landsgemeinde is the supreme legislative authority of the canton, its procedure must be in accordance with certain constitutional provisions. Thus in two cantons, — Glarus and ' Freeman, op. cit., p. 3. [376] LANDSGEMEINDE CANTONS Appenzell Interior, — any one qualified voter can move an amendment to the constitution, but in the other cantons a motion to this effect requires the support of a number of voters, viz., in Appen- zell Exterior a number equal to the membership of the Cantonal Council, i.e., 65; in Uri, 50; in Lower Unterwalden, 400; and in Upper Unter- walden, 500. Except in the two latter these requirements are far lower than those provided for the constitutional initiative in the representa- tive cantons of Switzerland. In all the democratic cantons, with one excep- Methods tion, a single voter may initiate ordinary legisla- "' ^ tion. Since 1876, Appenzell Exterior, the largest measures of them, has required 65 signatures for this action also. All Landsgemeinde cantons except Appenzell Interior ^ require that motions must be submitted in written form, accompanied by argument, to the advisory council a fixed time before the annual meeting of the people. It is the duty of the advisory council to pass upon such motions, and to recommend their acceptance, amendment, or rejection. In Glarus, for example, if ten members of the Landrat (about one seventh of the total number of councilors) favor a motion, it must be reported as worthy of consideration, together with the comment of the council, four weeks in advance of the meeting of the Lands- 1 In this canton motions may be presented orally to the council. [377] slon of measures GOVERNMENT OF SWITZERLAND gemeinde. All measures which fail to win this measure of support in the advisory council are reported without comment as unworthy of consideration under a special rubric, which in the expressive slang of the canton is called the " Beiwagen," or extra coach. Motions reported favorably by the advisory council become law if voted by a majority of the Landsgemeinde. By a special i-esolution a motion may be taken out of the Beiwagen and placed upon the calendar for consideration a year later. Discus- In Appenzell Exterior the large attendance at the Landsgemeinde has compelled the adoption of an amendment to the constitution prohibiting discussion in the case of motions, although not in the case of elections. As a consequence the voter is obliged to make up his mind largely upon the basis of the printed memorial containing the opinion on proposed legislation of the ad- visory council.^ Only in Uri and Glarus may amendments and additions be offered "from the ring"; that is, at the meeting of the Landsge- meinde itself. Motions regulating procedure, such as referring a bill back to the advisory council for further report or postponing a vote on it, are permissible in four cantons. With the exception of Appenzell Exterior noted above, all the democratic cantons hold to the * A similar document is prepared by the advisory council of Glarus. In the other five cantons no such "publicity pamphlet" is issued. C378] LANDSGEMEINDE CANTONS old freedom of debate in the Landsgemeinde. In Uri the law requests each orator to be as brief as possible, and allows a maximum of twenty minutes. Although modern Landsgemeinden are extremely well behaved as a rule, long-winded speakers are sometimes interrupted by cries of "Abstimme!" (Vote), "Schluss mache!" (Make an end), or " Es isch jetz gnug, mer wend Firdbig" (That's enough, we want to shut up shop). Originally the Landsgemeinden were assem- blages of all male citizens "in Ehr und Wehr"; that is, possessing political rights and military capacity. There was a time when fighting ability was assumed to begin with the fifteenth year in three cantons, and with the seventeenth in three others. Subsequently the voting age was raised, and it now stands at the completed twentieth year in all the democratic cantons except Nidwalden, where it remains fixed at the completed eighteenth year. The number of persons qualified to participate Paruci- in Landsgemeinden ranges from 2961 in Appen- '"''™ zell Interior to 12,694 '" Appenzell Exterior.' Ordinarily the actual attendance can be only estimated. It seems to vary considerably from ' Figures from Ryffel, op. cit., p. 278, for the year 1900. For the other four democratic cantons the number of qualified persons is as follows: Lower Unterwalden, 3090; Upper Unterwalden, 3953; Uri, 4823; Glarus, 8245. An actual count showed 1722 present at the Landsgemeinde of Uri in 1901, and 23SS at the Landsgemeinde of Lower Unterwalden in 1895. [379] GOVERNMENT OF SWITZERLAND meeting to meeting. The best figures available indicate an attendance of 36 per cent of those qualified in Uri; from 25 to 38 per cent in Upper Unterwalden; 79 per cent in Lower Unterwalden; 48 per cent in Glarus; 63 to 79 per cent in Appen- zell Exterior; and 77 per cent in Appenzell Interior. All six of the democratic cantons declare in their constitutions that participation in the Landsgemeinde is the duty of every qualified citizen. Only the two Appenzells, however, have laws penalizing non-attendance by small fines of five or ten francs, except when valid excuses can be given. The clause on this subject in the constitutions of each of the other four cantons is, therefore, a clear case of lex imperfecta. Main- A number of police regulations provide for the maintenance of order at the Landsgemeinden. Thus in Nidwalden any one who becomes intoxi- cated before the meeting is subject to a fine of twenty francs, while the innkeeper or other person who supplied the liquor may be mulcted in the same sum. In Glarus and Uri all hawking of wares in the immediate neighborhood of the ring is prohibited. Any violent disturbance of the meeting may be severely punished. Voting by unqualified persons is subject to fines of from five to three hundred francs, to which imprison- ment may be added in flagrant cases. Other measures are needed to suppress this evil. It has been suggested that all entrances to the ring should be guarded and admission granted only C380] ' tenance of order LANDSGEMEINDE CANTONS to persons wearing badges issued beforehand to qualified voters. Bribery, intimidation, mis- representation, and other corrupt practices are subject to penalties similar to those inflicted in case of illegal voting. In general, however, the good prd^ and purity of the Landsgemeinde are maiatained. not by force and penal threat but by the power of ancient tradition, the solemnity of the occasion, and the awe-inspiring character of the surround- ings. There is a real effort to live up to the exalted ideals expressed in the constitution of Uri; namely, that "the sole guiding principle of the Landsgemeinde shall be justice and the welfare of the fatherland, not willfulness nor the power of the stronger. In casting a vote at the Landsgemeinde the individual and the people are responsible only to God and conscience" (Art. 50). Impressive, too, are thfe oaths taken oaths both by the newly elected officials and by the whole assembly. Thus in Appenzell Exterior the people swear "to promote the welfare and honor of the country and to turn aside harm from it, to protect its rights and liberties to the best of our power and to defend them with goods and blood should need arise; to obey authority according to the laws; to maintain justice and order; and to promote the welfare of all to the best of our powers." And at the end the response is chorused by the mighty crowd: "I have well understood that which was read to me; to it I C381] GOVERNMENT OF SWITZERLAND will hold true and firm, loyally and without any deceit, so truly as I wish and pray that God may help me." The It has been customary to explain the per- Landsge- gigt-ence of the Landsgemeinden as due to the melnde a, V ... . flourish- small size and population, the primitive agricul- ^^ tural economy and homogeneous social conditions Hon of the cantons in which they prevail. All these considerations are subject to qualification. On the average the pure democracies are of smaller area than the other cantons of Switzerland. The greatest dimension of Uri — the largest of the six — is about thirty-five miles, and a majority of its voters have to travel less than ten or twelve miles to reach Altdorf. Moreover, improvement of roads and better railroad service are making it constantly easier for voters to reach the various Landsgemeinden.^ Nevertheless, it is true that Uri is larger than nine, Glarus and Upper Unter- walden larger than five, of their sister common- wealths with representative institutions. In the more ancient cantons — Uri, the two Unterwaldens, and Appenzell Interior — agricul- ture and cattle raising are the predominant industries, and social conditions are still fairly 1 Nevertheless, peasants living at greater distances com- plain that they are at a disadvantage as compared with those living in or near the capital. It has been suggested that this objection might be met by holding the Landsgemeinde at various places in succession. In one canton — Appenzell Exterior — the people meet at Trogen in even-numbered years and at Hundwyl in odd-numbered ones. C382] LANDSGEMEINDE CANTONS homogeneous. Great harmony prevails also in religious affairs, as their population is over- whelmingly Catholic. During the latter part of the nineteenth century, however, Appenzell Exterior and Glarus — which, by the way, are largely Protestant — succeeded in developing an active industrial life. Within the ring at the Landsgemeinden of these two cantons, herdsmen, shepherds, peasants, manufacturers, factory em- ployees, artisans, merchants, and members of the learned professions meet on terms of perfect equality. Nor do their ancient democratic insti- tutions show the least sign of breaking down under this new economic development. It is true that the number of laws enacted Quantity each year by the Landsgemeinde cantons is, ^^,x^ small, but this is also true of most of the repre- of sentative cantons of the same size. It is emphati- |*^'" \ lanon cally not the case, however, that the quahty of pure democratic legislation is reactionary. A close observer rates the legislation of Glarus and Appenzell Exterior as taking high rank among the progressive cantons of Switzerland. Upper Unterwalden is a close second to these two, while Uri, Lower Unterwalden, and Appenzell Interior have made many advances in the last two or three decades.^ The Landsgemeinde, then, has given abundant evidence of its right to existence. At an earlier date it furnished part of the inspiration that 1 Ryffel, op. cit., p. 328. [383] GOVERNMENT OF SWITZERLAND found expression in the democratic doctrines of Rousseau, and thus it aided in the world-wide spread of that gospel. Later it served, together with other precedents, to suggest to the Swiss the adoption of the initiative and referendum. For a time the success of these two institutions gave rise to the opinion that the older forms of pure democracy might ultimately abdicate in their favor. However, in the actual physical presence of the sovereign at one time and place the Landsgemeinde possesses a real advantage over the initiative and referenduni. As Welti said in 1872, the Landsgemeinde "is a living institution with which the paper referendum is not to be compared." On the same subject Jacob Dubs wrote: <, " Here the unity of the country is physically rep- resented, — administration, council, and people, by a single circle spanned about and by a single thought upborne. In this higher, vis- ible unity all political and social antagonisms are dissolved. . . . The thought of community, of the solidarity of all the interests of the people, of brotherhood under the same fatherland, win place and power in the assembled multitude. . . . Orator and hearer lift each other to higher planes. There are moments when a silent awe takes possession of the crowd and the feeling wakes in them that they stand upon holy ground;, that God is near them." At the present time it is generally conceded [384] to endure LANDSGEMEINDE CANTONS that the Landsgemeinde will be perpetuated The indefinitely in the six democratic cantons of ^^^f*" Switzerland. As the "most natural, most vital, certain and most beautiful embodiment of democracy' it deserves to endure so long as the simplicity and nobility of that ideal have power to influence the world. SELECTED BIBLIOGRAPHY Adams, F. O., and Cunkingham, C. D. "The Swiss Con- federation," pp. 117 ff. Freeman, E. A. "Growth of the English Constitution," Ch. I, pp. i-io. Lloyd, H. D, "A Sovereign People," Ch. IV (The Lands- gemeinde or State Commune). Vincent, J. M. "Government in Switzerland," pp. 54 ff. C385] CRITICAL BIBLIOGRAPHY AT the end of each chapter in the preceding text a brief Hst of the more easily accessible English references is presented. Unless some special circumstance makes it desirable, these titles will not be repeated in the present bibliog- raphy. For the reader's convenience the follow- ing lists are given the same headings as the chapters of the book. There is no systematic bibliography of recent date in English which covers the whole field of Swiss government and politics. In J. M. Vin- cent's "Government in Switzerland," New York, 1900, a very valuable list of selected references with comment is presented, dealing principally with constitutional history, but also containing sections on topography, statistics, laws and official publications, and special questions. Fol- lowing his admirable article on Switzerland in the Encyclopaedia Britannica, Vol. 26, Cam- bridge, 191 1, W. A. B. Coolidge gives references covering a wide range of topics, among which are: "History"; "Economical: Trade and Com- merce"; and "The Constitution of 1874." There is a much briefer list of references on Switzerland in the New International Encyclopedia, Vol. 21, New York, 1916. Many books dealing with C386] CRITICAL BIBLIOGRAPHY special aspects of Swiss government and politics contain reference lists which, so far as possible, will be noted in the following pages. Since 1892, there has been issued in Bern, in parts each complete in itself, an invalua- ble "Bibliographic des schweizerischen Landes- kunde," the purpose of which is to list all books relating in any way to Switzerland. I. Physical Basis of the Swiss Federation Land, People, Industrial and Social Conditions There is a never ceasing flow from English and American presses of descriptive books on Switzerland. Most of these are devoted largely to the superficial aspects of travel, sports, or health-seeking, and give little attention to the life of the Swiss people. The most satisfactory treatment of the latter topic in English is to be found in A. T. Story's "Swiss Life in Town and Country," New York, 1902. F. Webb's "Swit- zerland of the Swiss," New York, 1913, contains a great mass of interesting materials rather hastily put together. "Switzerland" by Frank Fox, London, 1914, is a cleverly written, beauti- fully illustrated book of this type. "Our Life in the Swiss Highlands" by John Addington Symonds, London, 1907, is the work of a literary master who understood and sympathized deeply with the common lot of his Swiss friends and [387] GOVERNMENT OF SWITZERLAND neighbors. In "A Little Swiss Sojourn," New York, 1892, an American master, William Dean Howells, presents with all the sharp compression of a cameo the life of the people in one corner of Canton Vaud. An admirable study of Switzerland from the economic and social point of view is to be found in Pierre Clerget's "La Suisse au XXe siecle," Paris, 1912. A. Dauzat's "La Suisse moderne," Paris, 1910, reveals careful observation and fine psychology in the treatment of such topics as the country and its aspects, the Swiss soul, religions and languages. Under the title "La Suisse au XIXe siecle," Lausanne, 3 vols., 1901, P. Seippel, editor, presents a number of admirable papers by recognized authorities on Swiss eco- nomic conditions, public law, schools, army, religious conditions, and other topics. Other useful books in this field are H. Gutjahr's "La Suisse in time," Paris, 1964; and J. C. Heer's "Die Schweiz," Bielefeld and Leipsic, 1902. A popular but comprehensive and well-illustrated book is "Die Schweiz," edited by H. Brunner, Neuchatel, 1909. It contains a great mass of materials — demographic, political, economic, and historical. Dr. Ernest Lerch's "Vaterlandskunde der Schweiz," Zurich, 191 2, is interesting as a typical Swiss grammar-school manual. It is divided into three parts — geographical, histori- cal, and political. Short of actual residence among and contact with the Swiss people, there [388] CRITICAL BIBLIOGRAPHY is no, better method of approach to their national psychology than through the novels of £douard Rod and Gottfried Keller. The language question in Switzerland is ex- haustively treated in J. Zimmerli's "Die deutsch- franzosische Sprachgrenze in der Schweiz," Ge- neva and Basel, 3 vols., 1891-99. Rene Henry is the author of a later pamphlet on the same subject, entitled "La Suisse et la Question des Langues," Bern, 1907. The best map of Switzerland is the Topo- graphischer Atlas, better known as the Siegfried Atlas, published by the Federal Staff Office. A list of good maps on a smaller scale' may be found in Karl Baedeker's "Switzerland," p. xxix, Leipsic, 25th ed., 1913, which is the standard among guidebooks. Charles Knapp's "Diction- naire geographique de la Suisse," Neuchatel, 1902-06, is a full and valuable work of reference. On economic conditions in Switzerland valu- able bibliographies by J. Landmann, "Disposi- tion, Literaturangaben und Tabellenmaterial zur Vorlesung: die schweizerische Volkswirtschaft," and by F. Scheurer, "De recents essais sur I'industrie suisse; compte rendu bibliographique," may be found in Nos. i and 3 respectively of the "Zeitschrift fiir schweizerische Statistik und Volkswirtschaft." By far the most valuable single work of refer- ence on Swiss economic conditions, and on social politics and administration as well, is Dr. [389] GOVERNMENT OF SWITZERLAND N. Reichesberg's "Handworterbuch der schweiz- erischen Volkswirtschaft, Sozialpolitik und Ver- waltung," Bern, 3 vols., 1903-11. Among special works may be mentioned T. Geering and Hotz's' "Economie politique de la Suisse," Ziirich, 191 1, also in German with a detailed bibliography; E. Hoffmann's "Die Schweiz als Industriestaat," Ziirich, 1902; A. Le Cointe's "Inventaire des institutions economiques et sociales de la Suisse a la fin du XIXe siecle," Geneva, 1900; A. Pflughart's "Die schweizerische Uhrenindustrie," Leipsic, 1908; P. H. Schmidt's "Die schweizer- ischen Industrie im internationalen Konkurrenz- kampf," Zurich, 1915; and H. Wartmann's "Handel und Industrie der Schweiz im 19. Jahrhundert," Bern, 1902. Current develop- ments in this field may best be followed in the " Bericht iiber Handel und Industrie der Schweiz," published annually at Ziirich by the Vorort des schweizerischen Handel- und Industrie Verein. The principal statistical sources are the "Ergeb- nisse der eidgenossischen Volkszahlung vom i. Dezember, 1910"; and the " Statistisches Jahr- buch der Schweiz," Bern, which has appeared annually since 1891. The "Zeitschrift fiir schweiz- erische Statistik," published six times a year at Bern since 1865, and the "Zeitschrift fiir schweizerische Statistik und Volkswirtschaft," Bern, quarterly, are the most useful periodicals dealing with Swiss statistics and economic conditions. [390] CRITICAL BIBLIOGRAPHY II. Development of the Swiss Federation For American readers the two most useful brief histories of Switzerland are Dr. Karl Dandliker's "Short History of Switzerland," London, 1899; and William D. McCrackan's "Rise of the Swiss Repubhc," New York, 1901, with a twelve-page list of references. F. Grenfell Baker's "Model Republic, A History of the Rise and Progress of the Swiss People," London, 1895; and L. Hug and R. Stead's "The Story of Switzerland," New York, 1895, ^re written in somewhat more popular style, the latter con- taining many well-chosen illustrations. Part II of W. A. B. Coolidge's article in the Encyclopaedia Britannica contains a very valuable outline of Swiss history, with excellent bibliographical references. J. Sowerby's "The Forest Cantons," London, 1892, contains much of interest regarding the early history of Uri, Schwyz, and Unter- walden. On special periods J. M. Vincent's "Switzerland at the Beginning of the Sixteenth Century," Baltimore, 1904, may be consulted; also the following contributions to the Cambridge Modern History, all of which are admirable: J. P. Whitney, "The Helvetic Reformation," and A. M. Fairbairn, "Calvin and the Reformed Church," Vol. II, Chs. X and XI; J. J. Schollen- berger, "Switzerland from the Treaty of Aarau (171 2) to the French Revolution," Vol, VI, Ch. [391] GOVERNMENT OF SWITZERLAND XVII; and W. OechsH, "The Achievement of Swiss Federal Unity," Vol. XI, Ch. VIII. Containing all the recesses of the Diet from 1245 to 1848, the great "Amtliche Sammlung der alteren eidgenossischen Abschiede," which was published officially in thirty-two volumes from 1858 to 1905, is invaluable. A compen- dious and important source book for documents illustrating Swiss political and constitutional history from the origins to modern times is W. Oechsli's "Quellenbuch zur Schweizergeschichte," Zurich, 1901. All Swiss chroniclers and historians of importance are reliably characterized by Georg von Wyss in his "Geschichte der Historio- graphie in der Schweiz," Zurich, 1895. Hans Earth's "Bibliographic der Schweizergeschichte," Basel, 2 vols., 1914, and the "Repertorium," Basel, 2 vols., 1892-1906, which lists historical articles in Swiss periodicals from 1812 to 19CX), are useful bibliographical works. Brief sketches of the works of such earlier writers on Swiss history as J. v. Miiller, R. Glutz-Blozheim, J. J. Hottinger, L. VuUiemin, and Ch. Monnard, may be found in Vincent. Among more recent authorities very high rank must be assigned to Johannes Dierauer's well- written and judicious "Geschichte der schweizer- ischen Eidgenossenschaft," which in four volumes covers the whole range of Swiss history from Roman times to the year 1798. This monu- mental work is also available in French, translated [392] CRITICAL BIBLIOGRAPHY by Aug. Reymond, under the title "Histoire de la Confederation suisse," Lausanne and Paris, 1911-14. Both the German and the French editions contain exhaustive critical notes upon the sources. Conceived on the same large scale and ably executed is Karl Dandliker's "Geschichte der Schweiz," Zurich, 3 vols., 1893, covering Swiss history from the time of the Lake Dwellers to 1885. Two extended volumes by Dr. J. SchoUenberger, "Geschichte der schweizerischen Politik," Frauenfeld, 1906-08, deal with Swiss political history exclusively from the origin of Swiss independence to the revision of the federal constitution in 1874. To the foregoing works of more general char- acter may be added a number of historical books and monographs in German and French dealing with particular periods, as follows: E. Gagliardi, "Hohepunkt und Verfall der schweizerischen Grossmacht im i6ten Jahrhundert," Ziirich, 1907; E. de Bude, "Les Bonapartes et la Suisse, 1797-1815," Geneva, 1905; E. Guillon, "Na- poleon et la Suisse, 1803-15," Paris, 1910; G. Steiner, "Napoleon L Politik und Diplomatie in der Schweiz wahrend der Gesandschaftszeit des Grafen August de Talleyrand," Zurich, 1907; W. Gisi, "Die helvetische Verfassung von 1798," Bern, 1872; J. Strickler, "Aktensammlung aus der Zeit der helvetischen Republik," Bern, 1 886-1903; B. van Muyden, "La Suisse sous le Pacte de 1815," Lausanne, 1890; Baumgartner, C393] GOVERNMENT OF SWITZERLAND "Die Schweiz in ihren Kampfen und Umge- staltungen von 1830-1850," and F. Fleiner, "Die Griindung des schweizerischen Bundesstaates im Jahre 1848," Basel, 1898. On the periods following the adoption of the constitutions of 1848 and 1874, J. SchoUenberger has written two volumes: "Die Schweiz seit 1848, ein staatsmann. und diplomatisches Hand- buch," Berlin, 1908, and "Die schweizerische Eidgenossenschaft von 1874 bis auf die Gegen- wart," Berlin, 1910. For the nineteenth century as a whole W. Oechsli's "Geschichte der Schweiz im neunzehnten Jahrhundert," Leipsic, 1903, and Th. Curti's book of the same title, Neuchatel, 2d ed., 1904, are valuable. III. The Swiss Federal Constitution Constitutional History, Constitutional Law Best and latest among English translations of the Swiss federal constitution is that of Professor Walter E. Dodd, published with a brief historical note and bibliography in his "Modern Con- stitutions," Vol. II, pp. 253-290, Chicago, 1909. English translations may also be found in the appendix of J. M. Vincent's book cited below; by Professor E. J. James in No. 8, University of Pennsylvania Publications in Political Economy and Public Law, Philadelphia, 1890; and by Professor A. B. Hart in No. 18 of the Old South Leaflets, Boston, 1890. [394] CRITICAL BIBLIOGRAPHY Among books in English dealing with Swiss governmental institutions generally the most valuable is J. M. Vincent's "Government in Switzerland," New York, 1900. It devotes as much space to cantonal as to federal government. "The Swiss Confederation," by F. O. Adams and C. D. Cunningham, London, 1889, is devoted largely to the federal government and is still worth consulting. "The Federal Government of Switzerland," Oakland, California, 1889, by Professor Bernard Moses, is an interesting comparative study of the Swiss constitution. Boyd Winchester, former minister of the United States at Bern, embodied many observations made in that capacity in his "The Swiss Republic," Philadelphia, 1891. Valuable chap- ters or sections on Swiss government are contained in the following general works: "Comparative Free Government," New York, 1915, by Jesse Macy and J. W. Gannaway; "The Governments of Europe," New York, 1913, by F. A. Ogg; "Governments and Parties in Continental Europe," Vol. II, Boston, 1896, by A. Lawrence Lowell, with the Swiss constitution in French; and "The State," Boston, 1899, by Woodrow Wilson. An official collection of Swiss federal and cantonal constitutional documents in German, French, and Italian was published in Bern in 1 891, with supplements one to nine, 1 892-1 903, under the title "Sammlung enthaltend die [395] GOVERNMENT OF SWITZERLAND Bundesverfassung und die in Kraft bestehenden Kantonsverfassungen." In 1909, the Chancellor began the publication of a new edition of this collection. Constitutional texts may also be found in the French collection of F. R. Dareste, Paris, 3d ed., 1910; and the German collection of Posener, Charlottenburg, 1909. Kaiser and Strickler's "Geschichte und Texte der Bundes- verfassungen der schweizerischen Eidgenossen- schaft," Bern, 1901, is a valuable compendium covering the period from the Helvetic revolution to the present time. Probably the best constitutional history of Switzerland is C. Hilty's "Die Bundesverfas- sungen der schweizerischen Eidgenossenschaft," Bern, 1891, also published in French at Neuchatel, the same year. Readers should consult the works of Vincent and Dodd cited above, for valuable notes upon Bliintschli, Ullmer, and other earlier writers on Swiss constitutional history. On Swiss constitutional origins and develop- ment Fritz Fleiner's "Entstehung und Wandlung moderner Staatstheorien in der Schweiz," Zurich, 1916, is extremely valuable. Charles Borgeaud's "Etablissement et Revision des Constitutions en Amerique et en Europe," Paris, 1892; English translation by C. D. Hazen, New York, 1895, is probably more widely known and more highly esteemed among American students than any other book in this field. It contains important chapters on Swiss constitutional origins and C396] CRITICAL BIBLIOGRAPHY methods of amendment, and draws many sugges- tive comparisons between American and Swiss political methods. For those interested in com- parative studies, Riittimann's three-volume work entitled "Das nordamerikanische Bundesstaats- recht verglichen mit den politischen Einrichtungen der Schweiz," Zurich, 1867-76, may still be consulted with profit. A recent pamphlet by W. E. Rappard, "Notre grande republique soeur," Geneva, 1916, draws many instructive comparisons, economic and social as well as political, between the two republics. Among commentaries on the Swiss constitution the present writer has found W. Burckhardt's monumental "Kommentar der schweizerischen Bundesyerfassung," Bern, 2d ed., 1914, the most valuable. It takes up the constitution of 1874 article by article, expounding each with a great wealth of historical and legal material. J. SchoUenberger's " Bundesverfassung der schwei- zerischen Eidgenossenschaft, Kommentar mit Ein- leitung," Berlin, 1905, is also an authoritative work in which each article of the constitution is separately expounded. Another valuable general treatise by the same author is entitled "Das Bundesstaatsrecht der Schweiz, Geschichte und System," Berlin, 1905. An earlier three-volume work by J. J. Blumer and J. Morel, "Handbuch des schweizerischen Bundesstaatsrechts," pub- lished originally in the late seventies and eighties, enjoys high repute. The third volume of Flan- C397] GOVERNMENT OF SWITZERLAND drill's "Institutions politiques de I'Europe con- temporaine," Paris, 1901, is devoted in part to a discussion of the Swiss constitution, govern- ment, legislation, local administration, and justice. Other frequently cited works in this field are A. AfFolter's "Grundziige des schweizerischen Staatsrechts," Zurich, 1905, with supplement on individual rights published in 1911; and B. Bertoni and A. O. Olivetti's "Le Istituzioni svizzere nel diritto publico e privato," Turin, 1903. Under the title " Schweizerisches Bundesrecht," Bern, 2d ed., 1903-04, L. R. von Salis published five volumes of decisions by the Bundesrat and Bundesversammlung on matters of public and administrative law; French edition by Eugene Borel. R. E. Ullmer's " Staatsrechtliche Praxis," Ziirich, 2 vols., 1862-66, is a work of similar character covering the earlier period from 1848 to 1863, also translated into French by Eugene Borel. For older works in this field by J. Dubs, S. Kaiser, A. von Orelli, and others, the bibli- ographies of Vincent and Dodd may be consulted. A very important article by F. Fleiner, "Die Fortbildung der schweizerischen Bundesverfas- sung seit dem Jahre 1874," in the "Jahrbuch des ofFentlichen Rechts der Gegenwart," Vol. I, pp. 392-413, 1907, discusses the development of the Swiss constitution since 1874. Swiss students are fortunate in the posses- sion of a large number of excellent monographs [398] CRITICAL BIBLIOGRAPHY on political topics. In the field of public law the following are worthy of special mention: W. Gnehm, " Interventionsrecht," Zurich, 191 2; Hiestand, "Rechtsquellen im eidgenossischen Staatsrecht," Zurich, 1891; L. Jenny, "Ver- waltungsrechtspflege," Glarus, 1910; O. Lauber, " BundesstaatsbegrifF," 1910; O. Miiller, "Ver- waltungsgerichtsbarkeit," Mannedorf, 1910; Sieber, "Expropriation," Zurich, 1889; Veith, "Der rechtliche Einfluss der Kantone auf die Bundesgewalt," SchafFhausen, 1902, with a six- page bibliography; and J. Roguin, "Conflits des lois suisses," Lausanne, 1891. Among the many annuals published in Switzer- land students of politics will find the " Politisches Jahrbuch der schweizerischen Eidgenossenschaft" most valuable. It was founded in 1886 by Dr. C. Hilty, and is being continued by Dr. W. Burckhardt. The "Politisches Jahrbuch" pub- lishes each year a large number of timely papers by recognized authorities on Swiss public ques- tions, together with an extended report on Swiss foreign and domestic affairs, the latter including such topics as constitutional reform, civil and criminal law, the military system, transportation, economic and financial conditions, agriculture, and social politics. It also reprints a large number of official documents of current impor- tance. C399 ] GOVERNMENT OF SWITZERLAND IV. The Federal Legislature Biographical details and portraits of members of the Federal Assembly, also of the Federal Council, may be found in the "Jahrbuch der eidgenossischen Rate," Bern, 1916, which corre- sponds in a general way to our Congressional Directory. T. Curti's "Im Bundesratshaus," Zurich, 1894, contains some clever "pen sketches," dryly humorous in tone, devoted to parliamentary and administrative reform. The "fitudes et portraits politiques," Geneva, 1895, by N. Droz, may also be consulted with profit by students of Swiss legislation. The relation of the Swiss legislative and executive branches is discussed in D. K. Boss- hard's monograph entitled "Das Verhaltnis zwischen Bundesversammlung und Bundesrat: Eine Studie iiber das Prinzip der Gewaltentren- nung im schweizerischen Bundesstaatsrecht," Zurich, 1909. Th. Guhl's " Bundesgesetz, Bun- desbeschluss und Verordnung," Basel, 1908, is an able legal discussion of the various forms in which the Swiss legislative will is expressed. As the referendum finds application to a part of these forms only, Guhl's monograph is of great practical importance from that point of view as well. General works quoted under the preceding heading (III. The Swiss Federal Constitution) contain much important material on the federal legislature. [400] CRITICAL BIBLIOGRAPHY On elections to legislative office the following are of importance: E. Blocher, "Entwicklung des allgemeinen und gleichen Wahlrechts in der neuen Eidgenossenschaft," Zeitschrift fiir schweiz- erisches Recht, 1906; and the work by Dutt- weiler referred to under Section XVI of this bibliography. The laws, decrees, etc., of the Swiss federation are published annually at Bern under the title "Amtliche Sammlung der Bundesgesetze und Verordnungen der schweizerischen Eidgenossen- schaft." The latest issue, that for the year 1916, forms Vol. XXXII of the new series of this collection. Second in importance only to the "Amtliche Sammlung" is the "Bundesblatt der schweizerischen Eidgenossenschaft," which runs to several bulky volumes annually. It contains the announcements, contracts, reports, circular letters, etc., of the federal authorities. A collection made by P. Wolf, "Die schweizer- ische Bundesgesetzgebung nach Materien ge- ordnet; Sammlung der Gesetze, Beschliisse, Verordnungen, und Staatsvertrage der schweizer- ischen Eidgenossenschaft, sowie der Konkordate," Basel, 2d ed., 1905, is of value for legislation, resolutions, decrees, and treaties prior to that date, all logically arranged and thoroughly indexed. [401] GOVERNMENT OF SWITZERLAND V. Federal Government by Commission: The Swiss Executive On this topic the most valuable historical work is J. Dursteler's "Organisation der Executiv der schweizerischen Eidgenossenschaft seit 1798," Aarau, 191 2. It contains a ten-page list of sources and references to literature. The most elaborate recent study of the elec- tion, organization, and functions of the Swiss executive both in the federation and in the cantons is C. Lemperiere's "Pouvoir executif en Suisse," Paris, 191 1. A seven-page bibliography of the subject, especially valuable for French sources, is presented. The well-known general work by L. Dupriez, "Les ministres dans les principaux pays d'Europe et d'Amerique," Paris, 1893, may still be consulted with profit regarding the role of ministers in Switzerland. H. Escher's " Bundesbeamtenrecht," Ziirich, 1903, is valuable on the law relating to federal officials. Ad- ministrative reform is discussed among other topics in Th. Curti's "Die schweizerischen Volksrechte, 1 848-1900," Bern, 1900; and also in his earlier work, "Im Bundesratshaus," referred to under IV above. The office of the Swiss president is discussed comparatively in a monograph by Krusch entitled "Die rechtliche Stellung des Prasidenten der Republik in Frank- reich, den Vereinigten Staaten und der Schweiz," Erlangen, 1907. [402] CRITICAL BIBLIOGRAPHY A complete list of officials and employees in every branch of the Swiss government is published annually at Bern under the title, " Staatskalendar der schweizerischen Eidgenossenschaft." VI. Federal Legislation: Initiative AND Referendum A translation of S. Deploige's "The Referen- dum in Switzerland" by C. P. Trevelyan, London, 1898, is the most extended work in English on this topic, although now, of course, it is some- what out of date. The volume contains a seven-page list of references. On the history of the Swiss referendum the leading authority is Th. Curti, "Le referendum; histoire de la legislation populaire en Suisse," Paris, 1905. A very useful pamphlet by the same author, "Resultate des schweizerischen Referendums," Bern, 2d ed., 191 1, presents the results of the referendum in communes, cantons, and federation down to the date of publication. Another valuable collection of data with a number of conspectuses and statistical tables may be found in H. Stiissi, "Referendum und Initiative in den Schweizerkantonen," Zurich, 1893. An admirable detailed discussion of the extension of the initiative to ordinary federal legislation is presented by E. Klaus, "Frage der Volksinitia- tive," Zurich, 1906. Among the many monographs in this field the C403] GOVERNMENT OF SWITZERLAND following are important: J. Berney, "L'Initiative populaire en droit public federal," Lausanne, 1892; by the same author, "L'Initiative popu- laire et la legislation federale," Lausanne, 1896; A. Dumont, "Legislation par le peuple en Suisse," Geneva, 1894; G. B. Klein, "II referendo legisla- tivo," Florence, 1908; and P. Linder, "Direkte Volksgesetzgebung im schweizerischen Staats- recht," Halle, 1905. VII. The Federal Judicial System Decisions of the Swiss federal court may be found in the compendium by Salis noted under III above. On the court itself Rene Rauline, "fitude sur le tribunal federal Suisse," Paris, 1904, may be consulted with profit. Appeals in public law cases are discussed by C. Borgeaud, "fitude sur le recours de droit publique au Tribunal federal," 1904. An English translation of the Swiss civil code of December 10, 1907, by Robert P. Schick, was published by the Comparative Law Bureau of the American Bar Association in 191 5. Rossel's "Codification du Droit civil," 1907, is also of value on this subject. On Swiss criminal law the following are of importance: Kronauer, "Kompendium des Bun- desstrafrechts," Ziirich, 1912; J. Langhard, "Das schweizerische Auslieferungsrecht," Bern, 1910; and Bader, "Politische Verbrechen," [404] CRITICAL BIBLIOGRAPHY Zurich, 1900. In this field the following Swiss periodicals are useful: the " Schweizerische Zeit- schrift fiir Strafrecht"; the "Zeitschrift fiir schweizerisches Recht"; and the "Zeitschrift fiir schweizerische Gesetzgebung und Rechts- pflege." VIII. Swiss Federal Finance On the monetary system of Switzerland three valuable works are K. Blaum, "Das Geldwesen der Schweiz seit 1798," Strassburg, 1908; G. Paillard, "La Suisse et I'Union monetaire latine," Paris, 1909; and L. Coraggioni, "Miinzge- schichte der Schweiz," Geneva, 1896. The last named is well illustrated, and is the accepted authority on Swiss numismatics. The following works discuss Swiss banking: O. Bouchmil, "Origines et creation de la Banque Nationale Suisse," Monpellier, 1906; and N. Droz, "La politique federale en matiere de banques, d'assurances, et de chemins de fer," La Chaux de Fonds, 1896. Swiss commercial politics are discussed by E. Frey, "Die schweizerische Handelspolitik der letzten Jahrzehnte," Leipsic, 1892; and T. Geering, "Die Handelspolitik der Schweiz im Ausgang des 19. Jahrhunderts," Berlin, 1902. In his "Schweizerische Volkswirtschaft und die Bundesfinanzen," Basel, 1916, H. Gautschy presents an extreme high-protectionist argument. A thoroughgoing discussion of Swiss federal C405] GOVERNMENT OF SWITZERLAND finances by an acknowledged authority is to be found in J. Steiger's "Der Finanzhaushalt der Schweiz," Bern, 3 vols., 1916. An extended historical discussion of Swiss taxes is presented by G. Schanz, "Die Steuern der Schweiz in ihrer Entwickelung seit Beginn des 19. Jahrhun- derts," Stuttgart, 5 vols., 1890. The most valuable annual pubHcation in this field is the " Schweizerisches Finanzjahrbuch," edited at Bern by J. Steiger. IX. Communication and Transportation: National Ownership and Operation of Railways An extended study of Swiss railroads has been begun by P. Weissenbach, "Das Eisenbahn- wesen der Schweiz," of which the first part, dealing with the history of the railroad system, was published at Zurich in 1913. Other refer- ences of value are H. Haguet, "Le Rachat des chemins de fer suisses et ses consequences," Paris, 1902; Herold, "Der schweizerische Bund und das Eisenbahnwesen bis zur Jahrhundert- wende," Stuttgart and Berlin, 1902; G. Keller, "Der Staatsbahngedanke bei den verschiedenen Volkern," Bern, 1897; E. Milhaud, "Le Rachat des chemins de fer," Paris, 1904; Oetiker, "Die Eisenbahngesetzgebung des Bundes," Bern, 2d ed., 1913; Raynaud, "Nationalisation des chemins de fer suisses," Paris, 1901; Streuli, [406] CRITICAL BIBLIOGRAPHY " Kompetenzausscheidung zwischen Bund und Kantonen auf dem Gebiete des Eisenbahnwes- ens," Leipsic, 1907; P. Weissenbach, "Eisenbahn- verstaatlichung in der Schweiz," Berlin, 1905; and C. P. Wiedemann, "Die geschichtliche Entwickelung der schweizerischen Eisenbahn- gesetzgebung," Zurich, 1905. Water Power, Electricity, and Post Office Among Swiss monographs on water power and electricity may be cited: B. Bertrand, "Houille blanche et la navigation fluviale," Geneva, 1916; M. Griinberg, "Die staatliche Ausniitzung der Wasserkrafte in der Schweiz," Zurich, 1911; H. Pfleghart, "Die Rechtsverhaltnisse der elek- trischen Unternehmungen," Ziirich, 1905; and O. Schar, "Die VerstaatHchung der schweizer- ischen Wasserkrafte," Basel, 1905. On the legal relations of the Swiss post office, J. Buser, "Die rechtliche Stellung der Postan- stalt," Chur, 191 2, may be consulted. X. Swiss Social Legislation and Administration In addition to the books noted at the end of Chapter X, a large number of articles on Swiss social legislation and administration have been published in English and American periodicals, among which may be mentioned: O. H. Henry, "Sick and Accident Insurance in Switzerland," in "Yale Review," 19: 235-254, November, [ 407 ] GOVERNMENT OF SWITZERLAND 1910-, E. Sellers, "Poor Relief in Switzer- land," in "Contemporary Review," 94:459-476 and 95:349-364, October, 1908, March, 1909; H. L. Sumner, "Industrial Courts in France, Germany, and Switzerland," U. S. Bureau of Labor Bulletin, 24: 273-464, January, 191 2; J. S. Vrooman, "Swiss Vacation Colonies," in "Arena," 40: 460-466, November, 1908; Wuarin, "Divorce Legislation in Switzerland," in "Arena," 34: 10-14, July* 1905; and an anonymous ar- ticle on "Woman and Democracy in Switzer- land," in "Atlantic," no: 423-426, September, 1912. Among Swiss monographs in this field the following may be cited: A. Gutknecht, "Bundes- gesetz liber die Kranken- und Unfallversicherung kommentirt," Zurich, ist part, 191 2; Minkowski, "Kranken und Unfallversicherung," Freiburg, 1912; Landmann, "Arbeiterschutzgesetzgebung der Schweiz," Basel, 1904; P, Piccard, "Haft- pflichtpraxis und soziale Unfallversicherung," Ziirich, 1917; also a French version of the latter published at Neuenburg in the same year. XL The Swiss Army System The most recent study in English of the Swiss army system is F. A. Kuenzli's " Right and Duty, or Citizen and Soldier," New York, 1917. While frankly propagandist in urging Swiss methods of military training as a model for the United [408] CRITICAL BIBLIOGRAPHY States, it contains much useful information. A translation of the Swiss army reorganization law of 1907 is appended. Also in "A Terri- torial Army in Being," London, 1908, Colonel C. Delme-RadclifFe presents an admirable brief report on the Swiss army. The preparedness agitation in the United States has led to the publication recently of a number of articles on this subject, among which may be mentioned J. Martin, "Swiss Soldier," in "Outlook," 112: 801-804, (April 5, 1916); F. L. Huidekoper, " Swiss and Australian Military Systems," in "Review of Reviews," 53: 449-451 (April, 1916); R. M. Johnston, "Ounce of Prevention, Switzerland vs. Belgium," in "Cen- tury," 90: 17-19 (May, 1915); and an unsigned article on "Making of Citizen Soldiers," in "Outlook," 112:307-310 (Feb. 9, 1916). In an EngHsh periodical,' the "Fortnightly," 104:538- 541 (September, 191 5), there appeared an article by H. M. Hyndman on "An Armed Nation." In German, H. Egli, "Schweizer Heereskunde," Zurich, 1912, may be consulted, French edition under the title "L'Armee suisse," Paris and Nancy, 191 3; also the older historical work by J. Feiss, "Das Wehrwesen der Schweiz," Zurich, 2d ed., 1880. Under the direction of the chief of the general staff, Sprecher von Bernegg, the "Schweizer Kriegsgeschichte," an authoritative work on Swiss military history, is now appearing in serial form. The mobilization of the Swiss [409] GOVERNMENT OF SWITZERLAND army upon the outbreak of the European war is described popularly in a volume entitled "Unser Volk im WafFen," Emmishofen, 1916. Other recent works are F. Baer, "Die schweizerischen Kriegsverordnungen," Zurich, 1916; and G. De Reynold and others, "Soldat und Burger, ein Beitrag zur nationalen Erziehung des Schweiz- ers," Zurich, 1916, with an introduction by General Wille, commander in chief of the Swiss army. Many of the economic consequences of the present war upon Swiss industry were anticipated with remarkable clarity by A. John, "Die Volks- wirtschaft der Schweiz in Kriegsfall," Zurich, 2d ed., 1912. XII. International Relations The history of Swiss neutrality is discussed authoritatively and exhaustively by P. Schweizer, "Geschichte der schweizerischen Neutralitat," Frauenfeld, 1895. ^' Hilty devotes an interest- ing pamphlet to this subject, entitled, "Die Neutralitat der Schweiz in ihrer heutigen Auffas- sung," Bern, 1889. More recently it has been discussed briefly by L. Cramer, "Autrefois et aujourd'hui; notre neutralite," Geneva, 1916. Important monographs in this field are E. Fischer, "Die schweizerische Konsularreform," Bern, 1908; R. Miiller, " Entstehungsgeschichte des roten Kreuzes und der Genfer Konvention," [410] CRITICAL BIBLIOGRAPHY Stuttgart, 1897; E. Nagel, "Les CEuvres suisses de charite pendant la guerre 1914-16," Neu- chatel, 1916; Pinosch, "Verteilung der Kompe- tenzen zum Abschliisse von Staatsvertragen in der Schweiz," Leipsic, 1906; and R. de Week, "La representation diplomatique de la Suisse," Paris, 191 1, the latter containing an excellent bibliography of three pages. An issue of the "Schweizer Zeitfragen," No. 51, deals with "Die geistige Unabhangigkeit der Schweiz," Zurich, 1916. Two recent issues of the "Opi- nions suisses" are of great value: G. Wagniere, "La Suisse parmi les nations," and R. Chodat, "Individualismus und Demokratie," both pub- lished in Geneva, 1916. XIIL Swiss Parties and Party Organization Much information on the various Swiss parties from a Socialist point of view is presented in P. Pfiiiger, "Handspiegel fiir Nation alrats-Wahler und Nationalrats-Kandidaten," Ziirich, 1911. The most accurate and complete account of the earlier Socialist movement in Switzerland is presented by BerghofF-Ising, "Die sozialistische Arbeiterbewegung in der Schweiz," 1895. On the Catholic Conservative party one should consult Woeste, "Histoire du Culturkampf en Suisse," 1887. The anarchist movement in Switzerland is discussed by J. Langhard in a [411] GOVERNMENT OF SWITZERLAND monograph entitled "Die anarchistische Bewe- gung in der Schweiz," Berlin, 1903. XIV. The Cantons: Organization The public and administrative law of the Swiss cantons is exhaustively discussed by J. SchoUen- berger, "Grundriss des Staats- und Verwaltungs- rechts der schweizerischen Kantone," Ziirich, 3 vols., 1898, 1899. Constitutional relations between federation and cantons are treated in the following monographs : Bickel, " Kantonales Ver- fassungsrecht in den Entscheidungen des Bundes- gerichts," Zurich, 1900; Brenner, "Der Schutz der in den Kantonalverfassungen enthaltenen Rechte durch die Bundesgericht," Borna, Leipsic, 1906; and Jenny, "Die Aufsicht des Bundes iiber die Kantone," Zurich, 1906. On legal relations between the cantons themselves, Bolle, "Interkantonales Recht," 1907, may be con- sulted. The "Schweizerisches Zentralblatt fiir Staats- und Gemeindeverwaltung," published in Ziirich, is devoted to matters of current interest in this field. The Swiss half cantons are discussed by H. W. Raustein, "Die schweizerischen Halbkantone, ihre Entstehung und Rechtsstellung," Ziirich, 1912. Other works dealing with certain cantons or groups of cantons are: J. Sowerby, "The Forest Cantons of Switzerland: Lucerne, Schwyz, Uri, Unterwalden," London, 1892, which con- C412] CRITICAL BIBLIOGRAPHY tains much descriptive and historical matter; E. Lerch, "Der Kanton Bern," Zurich, 1916; J. SchoUenberger, "Der Kanton Tessin und die schweizerische Eidgenossenschaft," Zurich, 191 1; G. Vogt, "Zur Tessiner Frage," 1889; and O. Wettstein, "Der Kanton Zurich," Zurich, 1913. Two beautifully illustrated volumes by F. Gribble, "Montreux" and "Lausanne," London, 1908, 1909, describe these two cities and adjacent territory in Canton Vaud. XV. The Cantons: Functions Education, Religion, Finances, Citizenship On education in Switzerland two year books, "Das Jahrbuch fiir Unterrichtswesen in der Schweiz," published at Zurich since 1894, and "L'education en Suisse," published at Geneva since 1904, are of great value. Historically this subject is fully treated by F. Guex, "Histoire de I'instruction et de l'education," Lausanne, 1913- Among Swiss monographs in this field are: W. Martin, "La Liberte d'enseignment en Suisse," Paris, 1910; M. Miiller, "Die Lehr- und Lernfreiheit," St. Gallen, 191 1; and W. Nef, "Kantonsschulfragen," St. Gallen, 1916. "L'En- seignement commercial en Suisse," Zurich, 1914, is a valuable report prepared by the Swiss Department of Commerce. From the constitutional point of view the C413] GOVERNMENT OF SWITZERLAND most valuable and extended treatment of reli- gious establishments in Switzerland is by C. Gareis and P. Zorn, "Staat and Kirche in der Schweiz," Zurich, 2 vols., 1877, 1878. Among later discussions of special topics may be men- tioned Bolsterli, "Die rechtliche Stellung von Klostern und Kongregationen in der Schweiz," Einsiedeln, 1913; A. Biichi, "Die kathohsche Kirche in der Schweiz," Munich, 1902; F. Freuler, " Kultusfreiheit und Kultuspolizei im Bunde und in den Kantonen," Stans, 1908; Langhard, "Die Glaubens- und Kultusfreiheit nach schweizerischem Bundesrecht," Bern, 1888; Martin, "L'Etat civil et le marriage," Geneva, 1897; Salis, "Die Religionsfreiheit in der Praxis," Bern, 1892; by the same author, "Die Entwicke- lung der Kultusfreiheit in der Schweiz," Basel, 1894; D. StreifF, "Religionsfreiheit und Massnah- men der Kantone und des Bundes," Zurich, 1895; and Spondlin, "Die Rechtsverhaltnisse an Freidhofen," Zurich, 1910. The broad and very complicated subject of cantonal and communal finance is authoritatively discussed by J. Steiger, "Grundziige des Finanz- haushaltes der Kantone und Gemeinden," Bern, 2 vols., 1903. On Swiss citizenship the following monographs have been published: Bertheau, "Niederlas- sungsfreiheit, Gewerbefreiheit und politische Stimmberechtigung," Zurich, 1895; J. Lang- hardt, "Das Niederlassungsrecht der Auslander [414] CRITICAL BIBLIOGRAPHY in der Schweiz," 1913; Rieser, "Das Schweizer- biirgerrecht," Bern, 1892; L. Rigert, "Das Bundesgesetz betreffend die Erwerbung des Schweizerbiirgerrechts vom 25. Juni, 1903," Zurich, 1905; Riittimann, "Uber die Geschichte des schweizerischen Gemeindebiirgerrechts," Zu- rich, 1862; and H. Zetter, "Das Prinzip der Rechtsgleichheit in der Rechtssprechung des schweizerischen Bundesgerichts," Heidelberg, 1908. XVI. Proportional Representation IN Swiss Cantons Election Laws The most thorough and authoritative Swiss study of proportional representation is E. Kloti, "Die Proportionalwahl In der Schweiz: Ge- schichte, Darstellung, und Kritik," Bern, 1901. It contains a valuable bibliography both of Swiss and foreign literature, and a list of legal sources. The same author has also published a collection of laws entitled "Die Texte der schweizerischen Verhaltnisswahlgesetze," Ziirich, 1909. Th. Curti, "Die schweizerische Volksrechte, 1848- 1900," Bern, 1900, discusses proportional repre- sentation among other topics. In the " Politisches Jahrbuch," Vol. VII, 1892, J. Hilty has an extended article on "Die Minoritatenvertretung." The following monographs of comparatively recent date deal with election laws, proportional representation, and other election reforms: Dutt- C415] GOVERNMENT OF SWITZERLAND weiler, "Das Stimmrecht in der Schweiz; sys- tematische Darstellung des eidgenossischen und kantonalen Rechts," Zurich, 1907; J. G. Lorenz, "Zur Wahlreform," St. Gallen, 191 1; H. Schen- kel, "Demokrarie und Wahlrecht," Zurich, 1910; and E. Walter, "Dem Schweizervolk der Pro- porz!" Zurich, 1909. XVII. Landsgemeinde Cantons: Pure Democracy in State Government On the Landsgemeinde cantons by far the most valuable recent work, historical and juristic in character, is H. Ryffel's "Die schweizerischen Landsgemeinden," Zurich, 1904, bibliographical notes, pp. 297-298. The best descriptions of Landsgemeinden are by E. Osenbrugger in his "Culturhistorische Bilder aus der Schweiz," SchafFhausen, 1867-76; and by Eugene Rambert in the brilliant, colorful essay entitled "Les Landsgemeindes de la Suisse," contained in his "filtudes historiques et nationales," Lausanne, 1889. Prince Roland Bonaparte is the author of two beautiful essays on the Landsgemeinden of Upper Unterwalden and Glarus, entitled "Assemblees democratiques en Suisse". and "De- mocratie Suisse," both published in Paris, 1900. J. J. Blumer's "Staats- und Rechtsgeschichte der schweizerischen Demokratien," St. Gallen, 2 vols., 1850-58, is still valuable for detailed in- formation on the local history of these cantons. [416] INDEX CIn this index no reference has been made to titles of books or names of authors mentioned in the Select Bibliographies at the end of each chapter or the Critical Bibliography at the end of the book. But names of authors quoted or referred to in text and footnotes have been indexed.3 Absinthe initiative, 145, 150 Accident insurance, 155, 244 Adams, F. O., and Cunning- ham, C. D., cited, 70, 1247: Administrative Court, Fed- eral, 139, 176, 177 Adolph of Nassau, 24 Ador, Gustav, 105, 120, 284 Agriculture and pastoral pursuits, 5; peasant hold- ings, 7; promotion of, by cantons, 332 Albert of Habsburg, 22 Alcohol monopoly, constitu- tional referendum on, 140; amendment restricting sale of liquors, 141; legislative referendum on, 155; finan- cial results, 187 Allemannians,conquestsby, 17 Allied districts, 29 Allmends, 34s, 366 Alps, 2 Altitude, 2 Amendment of federal con- stitution, 69, 13s Animal husbandry, S> 6, 7 Animals, trade in, referen- dum, 15s Appenzell, admitted to League, 33; division into Rhoden, 34 Arbeiterbund, 247 Area, i Aristotle, quoted, 13 Army, federal amendment, 139; military exemption tax, IS4, 253; military penal code, 155; reorgani- zation law, 155; constitu- tional provisions, 250; law of 1907, 251; military training in schools, 251; cadet corps, 252; filite, Landwehr, Landsturm, 254, 265; training time compared with German system, 256; recruit school methods, 258; rifle practice, 259; training and pay of officers, 260; cantonal functions, 261; control of Federal Council, 262; com- mander in chief, 262; cost, 262; Socialist criticism, 263, 297; size of, 265; mobilization of 1914, 265 Artistic Property, Literary and. International Union for the Protection of, 286 C417] INDEX AssenibUe federate, see Fed- eral Assembly Association, right of, 67 Austria, Swiss struggles with, 21; last war with, 30; war between France and, 38 Automobiles, regulationof,228 Baker, F. G., cited, 3 1 n Bank-note monopoly, 142, 14s, IS4, ISS. 192 Banking, constitution on, 48 Bankruptcy, constitutional, provisions regarding, 68; referendum on, 155 Barbarian invasions, 17 Basel, admitted to League, 33; division of canton, 42 Basel, Urban, proportional representation in, 351 Beard, C, cited, 82 n, 344 Bern, enters League, 26; ac- cessions of territory, 26; state treasure of, 35; con- fiscation of state treasure by French, 37 Blumer, Eduard, 369 Bonaparte, Napoleon, 38, 39 Borgeaud, C, cited, 3771 Bossism in Freiburg, 319 Bryce, Lord, cited, 346 Budget, federal, 195 Bueler, Anton, 292 Bund, of Bern, 302 n Bundesrat, see Federal Council Bundesversammlung, see Fed- eral Assembly C418] Burckhardt, W., cited, J I, 53, 57, 64, 66, 74, 78, 86, 191, 230, 232, 234, 270 Burgundian war, 30, 32 Burgundians, conquests by, 17 Burial, constitutional pro- vision regarding, 66 Burr, George L., cited, 371 Cadet corps, 252 Calonder, Felix, 107 n, 294 Cantons, number, 52; half cantons, 52; sovereignty of> 53 > guarantees and obligations, 53; jealousy of federal power, 60; sphere of cantonal powers, 60; re- lations to army, 261; area and population, 312; de- gree of democracy in, 313; Grand Councils, 313; ini- tiative and referendum, 315; constitutions, 317; Small Councils, 320; ad- ministrative districts, 321; recall, 321; court systems, 323; courts of commerce, 324; industrial courts, 324, 332; communes, 325; can- tonal powers, 331; religious establishments, 337; taxes, 340; treaty powers, 342; concordats, 343; citizen- ship, 344; naturalization, 345; compared to American states, 347; proportional representation in, 349 INDEX Capital punishment, 139, 141 Capitol, loi Cassation, Court of, 172, 173 Catholic Church, number of communicants, II; civil war ofiS3i»33; in Geneva, 339 Catholic Conservatives, z88, 291 Census, federal, 72 "Centralists," 288 Chancellor, Federal, IZ2 Charles the Bold, 30 Child labor, 236 Christian Socialists, 291 Christianity, under the Romans, 17; preaching of Irish monks, 19 Chuard, Ernest, 294 Cities, population of, 10 Citizenship, 62, 63, 344 City states, origin of, 19; oligarchies in, 34, 35 Civics, teaching of, 336 Civil Code, 139, 17C3-172 Civil service, 120 Civil war, of 1531, 33 Claparede, A. de, 274 Clerget, P., cited, 190 Clergymen, ineligibility of, for National Council, 75 Clerical party, 288, 291 Climate, 4 Coal, 4, 280 Coinage, 48, 192 Commercial travelers, license tax on, 154, 187 Communes, 325 Complaints, Chamber of, 172 Concordats, 41, 343 Confederation, The Old, early struggles of, 24; im- potence of, 34 Congress of Vienna, 276 Conseil des &tats, see Council of States Conseil federal, see Federal Council Conseil national, see National Council Conseils de prttd'hommes, 301 Constitution, federal, of 1848, adoption, 44 Constitution, federal, of 1874, adoption, 44; length, 48; express and implied powers, 48; separation of powers, 50; preamble, so; federation or confedera- tion, 51; amendments, 52; initiative and referendum, S4; separate alliances foi^ bidden, 55; federal inter- vention, ss; "General Provisions," 58; adminis- tration by cantonal officials, 58; monopolies, 60; legisla- tive powers, 60; citizen- ship, 62; bill of rights, 63; religious freedom, 64; marriage, 66; illegitimacy, 66; right of burial, 66; right of association, 67; freedom of the press, 67; protection against judicial C419] INDEX abuses, 67; imprisonment for debt, 67; bankruptcy, 68; framework of federal government, 68; amend- ment, 69; loyalty to con- stitution, 69; provisions regarding international re- lations, 269; treaty powers of cantons, 269 Consular service, 155, 275 Coolidge, W. A. B., cited, 26 Council of States, defined, 68; membership, 82; equality of cantons in, 82; salaries, 83; recall of mem- bers, 83; officers, 84; com- pared with National Council, 89; proposal to abolish, 90; rules, 91; laws, resolutions, ordi- nances, 93; cooperation with Federal Council, 95; order of business, 96; cus- toms of, 97; cloture, 97; age and training of mem- bers, 98; stability of mem- bership, 100; chamber of, loi; strength of parties in, 303 Courts, cantonal, 324, 332 Criminal Chamber, Federal Court, 172, 173 Criminal Code, constitu- tional amendment pro- viding for, 139; death penalty, 139, 141; in- [420] crease of federal power in criminal cases, 155; "press- gag" law, 15s; present status, 172 Curd, T., cited, 129 «, 156, 157, i6i Customs revenue initiative, 14s. 149 Dauzat, a., cited, 66 « Dawson, M. M., cited, 239, 248 Death penalty, 139, 141 Debt, imprisonment for, abolished, 67 Decoppet, Camille, 262, 266, 294 Democracies, Pure, 34 Deploige, S., cited, 128 n, 14971, 368 n Diet, early meetings of, 26 Diplomacy, see under Inter- national Relations Diplomatic service, referen- dum on, iss Directory, French, 36 Distance Indicator, 80 Dodd, W. E., cited, 148 n Dubs, Jacob, cited, 384 Dufour, General, 262 « Dupriez, L., cited, 62, 90, 113, 122, 124 «, I2S n, 127- 128 Education, federal secretary of, IS4 Eidgenossischer Verein, 299 INDEX Elections for the National Council, date of, 74 Electricity, wide use of, 225 £lite army class, 254, 265 Epidemic diseases, 234 Eugster, Arthur, 294 Factory acts, 236 Fazy, Henri, 294 Federal Administrative Court, 176, 177 Federal Assembly, defined, 68; powers, 85; super- vision of, over Federal Court, 166 Federal Attorney, 175 Federal Chancellor, 122 Federal Council, interven- tion by, SS; defined, 69; cooperation in legislation, 95; origin, 103; election to, 104, 14s; eligibility, 104; term, 106; presiding officer, 107; salary, no; powers, no; effect of war upon, 114; interpellations, iij; supervision of cantons, 116; solidarity of, 117; commit- tees, 118; departments, 118; appointive power of, 120; compared with other cabinets, 123-127; party representation in, 124, I2j; overburdened with work, 128; constitutional amend- ment distributing business of, 128; proposed increase in size, 129; election by popular vote, 130; sub- stitution of president for, 131; efficiency of, 132 Federal Court, origin, 165; extension of powers, 165; number of members, 166; no power of constitutional interpretation, 166; how chosen, 167; salaries, 168; seat, 168; officials, 169; divisions and chambers, 172; jurisdiction, 169; juries, 173; sessions, 173; tariff fixing fees, 174; juris- diction in cases of adminis- trative law, 176; compared to U. S. Supreme Court, 177 Federal intervention, 55 "Federalists," 288 Feudalism, 19 Finance and Customs, De- partment of, 118, 120 Finances of Switzerland, com- pared to United States, 179; sources of income, 180, 183; expenditures, 181; protective tariff, 184; military exemption tax, 186; license tax on com- mercial travelers, 187; alcohol monopoly, 1S7; coinage, 192; bank-note monopoly, 192; proposed match monopoly, 194; other state monopolies, [421 ] INDEX 194; budget, 195; effect of war on Swiss finances, 196; "One-time war tax," 199; federal stamp tax, 200; war-profits tax, 200; future prospects, 202; can- tonal finances, 340 Fleiner, F., cited, 176 « Fliie, Nicholas von der, 32 Foderatimerband des eidgenos- sischen Personals, 299 Food products, federal regu- lation of, 23; Foreign relations, disturb- ances due to immigrant population, 12, 13 Foreigners, "industry of," 9; immigrant problem, 12, 13; percentage from various countries, 12 n; supervision of, by Federal Attorney, 175 Forest police, 139 Forest states, original three, 20; pure democracy in, 34 Forestry, 5 Forrer, Ludwig, 106, 109 Forrer, Robert, 294 France, alliance with, 30; establishes Helvetic Re- public, 36; reforms Swiss institutions, 36; insurrec- tions against, 37 Frankel, L. K., cited, 239 Frankish conquest, 18 Frauenstimmrechtsveuin, Schweizerischer, 300 [422 ] Frederick William IV, 47 Freeman, E. A., cited, 368, 376 Freiburg, territorial gains, 30; admitted to League, 33 Freight Transportation, In- ternational Union of, 28J Freisinnige-demokratische (Radical) party, 293 French language, percentage speaking, 11 French Revolution, 36 Geneva, allied with League, 30; disestablishment in, 339; election riots in, 349 German army system, 256 German Empire, relations of Switzerland to, in ninth century, 19 German language, percentage speaking, 11 Germany, alliance with, 30; lessened influence of, 31; intervention of, regarding nationalization of rail- roads, 273 Gerrymandering, 73 Glarus, peasants of, at Nafels, 25; enters League, 26 Gotthard tunnel and railway, 207, 224; international controversy over, 272 Graber, Ernest, 299 Grain supply, difficulties due to war, 280 Grand Councils of cantons, 314 INDEX Grandson, battle of, 30 Graubiinden, allied with League, 30 Greulich, H., 248, 299 Grimm, Robert, 299 Grimm-Hoffmann affair, 282 Griitli Association, 247, 297 Guhl, Th., cited, 93 n Ha3erlin, Heinrich, 294 Half cantons, 52, 53 n Helvetians, 16 Helvetic Republic, 36 Helvetia society, 299 Henry VH, Count of Luxem- ' burg, 24 Herzog, General, 262 n Higher-prices-increments, for railway employees, 219 Hilty, cited, 113 Hirter, Johann, 294 Hoffmann, Arthur, 283 Holcombe, A. N., cited, 134 » Hotel industry, 9 Huber, Eugen, 171 Illegitimacy, constitutional provision regarding, 66 Immigrant problem, 12, 13 Industrial Property, Inter- national Union of, 286 Industry, promotion of, by cantons, 332 Infectious diseases, amend- ment on, 139; referendum on, IS4 Initiative, in cantons, 54, 315; defined, 135; adoption of. 142; total and partial amendment by, 143; per- centage of proposals ac- cepted, 146; nature of proposals, 146, 147; pend- ing measures, 151; general considerations, 157-164; collection of signatures, 157; participation, 158; number submitted, 159; cost, i6o; arguments for and against, 160-163; con- clusions, 163 Insurance against sickness, 240; against accidents, 244; against unemployment and old age, 246 Interior, Department of, 118, 120 International Relations, con- stitutional provisions re- garding, 269; treaty powers of cantons, 269, 342; num- ber of Swiss living abroad, 271; unpopularity of di- plomacy, 271; rejection of law organizing diplomatic service, 272; controversy over Gotthard line, 272; German intervention, 273; proposed referendum on treaties, 273; organization of present diplomatic serv- ice, 274; consular service, 275; policy of neutrality, 275; abolition of mercenary service, 277; maintenance C423] INDEX of neutrality during Franco-Prussian War, 278; during present war, 278; Neutrality Committees, 281; the Ritter case, 282; the Grimm-Hoffmann af- fair, 282; president again to head political (foreign affairs) department, 284; leadership of Switzerland in establishing international unions, 287 Interpellations, 115 Intervention, federal, 55 " Inventarisation," 341 Iron supply, 4; difficulties due to war, 280 Italian language, percentage speaking, II Jesuits, 65 Jews, II Journalism, 279, 302 Judges, Swiss Federal Court, 167 Judicial abuses, protection against, 67 July Revolution, effects on Switzerland, 41 Jura district, 3; watch mak- ing in, 8 Juries, Federal Court, 173 Justice and Police, Depart- ment of, 118, 120; referen- dum organizing, 154 Keller, Gottfried, 323 Keltic tribes, 16 [424] "Klaus, Brother," 32 Klaus, E., cited, 152 n Kloti, Emil, 298, 351 « Kriiger, Fritz-Konrad, cited, 257 « Labor, referendum on work- men's insurance, 140; uni- form industrial regulation, 140, 141, 238; in factories, 154; on federal railways, 208, 209, 218; general legislation regarding, 236; child labor, 236; factory acts, 236; trade unions, 238, 247; compensation laws, 239; secretary of labor, 247; Arbeiterbund, 247 Labor Office, International, 286 Land ownership, small hold- ings, 7 Landamman in democratic cantons, 369 Landsgtmeinden, origins, 365; officers of, 369; powers, 370; meetings, 371; of Appenzell Exterior, 372; of Uri, 375; religious spirit of> 376; initiative in, 377; discussion, 378; participa- tion, 379; maintenance of order, 380; oaths, 381; vitality of, 382, 385; legis- lation of, 383 Landsturm, army class, 254, 26s INDEX Landwehr, army class, 254, 26s Languages, 11 Lardy, Charles, 275 Lausanne, seat of Federal Court, 168 League of Eight, 26 League of Sarnen, 42 League of Seven, 42 League of Thirteen, 33 " League, Perpetual," of 1291, 22 Lemperiere, C, cited, logn, 114 n, 115% Leopold, Duke of Austria, 24 Liberal party, 288, 289, 291 Liquor, sale of, see under Al- cohol monopoly Literary and Artistic Prop- erty, International Union for the Protection of, 286 Lloyd, H. D., cited, 366 Local self-government, elFect of social conditions, 13 Louis XI, 30 Lowell, A. L., cited, 160, 289 n, 316,318,319 Loyalty to constitution, of Swiss people, 69 Luzern, enters League, 25 Macy, Jesse, cited, 273 n Maillefer, Paul, 294 Maine, Sir Henry, cited, 163 Manufactures, 8 Marriage, constitutional pro- visions regarding, 66 Marriage and registry, refer^ endum, 154 Match monopoly, proposed, 140, 194 ' Maxmilian, Emperor, 31 Mediation, Act of, 38, 45 Mercenary service, 30; abo- lition of, 277 Micheli, H., cited, 210 Mileage allowed federal legis- lators, 80 Military Department, 118 Military exemption tax, 186, 2S3 Military system, see under Army Mineral resources, 4 Monopolies, federal, 60, 187 Montenach, Georges J.-J. de, 292 Montesquieu, JO Morat, battle of 30 Morgarten, battle of, 25 Motor traffic, 228 Motta, Giuseppe, 292 Miiller, Eduard, 108 «, I09», 294 Miiller, Gustav, 299 Nafels, battle of, 25 Naine, Charles-Th., 299 Napoleon Bonaparte, 38, 39 National Council, defined, 68; basis of representation, 72, 145; election districts, 73 ; qualification of voters for, 74; proportional repre- C425] INDEX sentation for, 75, 145; date of elections, 74; eligibility for, 7s; clergymen ineligi- ble, 75; term, 76; ofiEcers, 78; sessions, 79; compensa- tion, 80; mileage, 80; re- ports of committees, 81; compared with Council of States, 89; rules, 91; laws, resolutions, ordinances, 93; cooperation with Federal Council, 95; order of busi- ness, 96; customs of, 97; cloture, 97; age and train- ing of members, 98; sta- bility of membership, 100; chamber of, loi; strength of parties in, 303 National Economy, Depart- ment of, 118, 120 Nationalrat, see National Council Naturalization, 13, 63, 345 Neuchatel question, 45 Neue Gothardvereinigung, 299 Neue Ziircher Zeitung, 30271 Neutrality, 275, 278, 281 Newspapers, 279, 302 Ney, Marshal, 38 Oligarchies in city states, 3S Pact of 1815, 40 Parties, two original, 288; subsequent divisions, 289; Conservative groups, 291; [426] Radicals, 293; Socialists, 290, 295; propagandist associations, 299; present strength of, 303; organiza- tion, 30s; diets, 307; nominations, 309; influence of, 310 Pastoral pursuits, 5, 6, 7 Patents, 140 "Peaceful penetration" by foreign capital, 12 Peasant holdings, 7 Penal Court, Federal, 172, 173 Pensions, Old Age, 246 Pensions, referendum on, 155 "Perpetual League" of 1291, 22, 366 Pfluger, P., cited, 1 13 n, 159 n, 295, 298 Plateau region, 3 Platzhoff-Lejeune, E., cited, 271 « Police, Justice and. Depart- ment of, 154 Political Department, 118, 119 Political offenders, 12 Popular government, rela- tion to economic condi- tions, 13 Population, census of 1910, 10; density of, 10; urbani- zation, 10 Postal Union, Universal, 28s INDEX Posts, postal rates, 229; financial returns, 232 Posts and Railways, Depart- ment of, 118 Posts and telegraphs, re- ceipts from, 180, 183; ex- penditures, 182 Postulates, 112 Powder monopoly, 180, 182, 183 Prehistoric inhabitants of Switzerland, 16 President, Federal, 107, 132, 284 Press, freedom of, 67 Press and periodical litera- ture, 302 Press Control Commission, 279 "Press-gag" law, 263 "Priests' Letter," 27, 32 Proportional representation proposed for National Council, 7S; initiative, 145; in cantons, 349 Pro Sempione society, 299 Protective tariff, 155, 184 Protestants, number of com- municants, II; Reforma- tion in Switzerland, 33; civil war of 1531, 33 Pure-food amendment law, 139. ISS Python, Georges, 292 Radical party, 290, 293 Railroads, referenda on, 154, 155; expropriation law of 1850, 204; private enter- prise under cantonal con- trol, 205-208; franchises, 206, 208; St. Gotthard, 207, 224; private enterprise under federal control, 208- 212; pension and savings funds, 208; foreign in- fluence, 209; law fixing conditions of purchase, 209; accounting laws, 210; "sy Sterne de penetration" 210; purchase law of 1897, 211; national ownership and operation, 213; cost of system, 213; organiza- tion of administration, 214; freight and passenger rates, 217; labor policies, 209, 218; financial results, 220; effects of war, 222; pro- posed electrification, 224 Rappard, W. E., cited, 38 n, 4Sn, 131, 134, 280, 323 Raustein, H. W., cited, 53 n Recall, 321 Red Cross, 285 Referendum, defined, 135; obligatory constitutional, 136; total and partial revision, 136; table of obligatory constitutional referenda, 138, 139; num- ber rejected, 140; classi- fication of measures, 140- 142; optional legislative [427] INDEX referendum, 152; table of, iS4i ISS; results of, 156; general considerations, 157- 164; collection of signa- tures, 157; participation, 158; number submitted, 159; cost, 160; arguments for and against, 160-163; conclusions, 163; proposed for treaties, 273; in can- tons, 315 Reformation in Switzerland, 33 Religion, number of com- municants of various con- fessions, II; civil wars due to, 33; freedom of, 64; re- lation of cantons to, 337 Rhaetians, 16 Rifle practice, 259 Right-to-work initiative, 145, 149 Ritter, Paul, 282 Roads and bridges, 228 Roman Catholic Church, number of communicants, 11; civil war of 1531, 33 Roman conquest, 16 Romansch dialect, 11 Rudolph of Habsburg, at- titude toward Swiss pos- sessions, 21; death, 22 Ryffel, H., cited, 369?!, 379«» 383 M St. Gallen, 29 Schaffhausen, allied [428] to League, 30; admitted to League, 33 SchaiFner, Margaret, 322 n Scherrer, Heinrich, 299 Scheurer, Karl, 294 Schools, federal subventions to, 139; training for army service, 251; organization of, 333 Schulthess, Edmund, 197, 294 Schwyz, canton of, 20; entry into the " Perpetual League," 22 Seidel, Robert, 299 Seligman, E. R. A., cited, 180 Sempach, battle of, 25; Cove- nant of, 28, 32 Separation of powers, 50 Shick, R. P., cited, 171 n, 172 Sickness and accident in- surance, 155, 240 Slaughtering, initiative on methods of, 145, 147 Small Councils, cantonal ex- ecutives, 320 Socialist party, 290, 295; attitude on army, 263, 297 Social political group, 294 Solothurn, admitted to League, 33 Sonderbund, 43, 65, 288 Spahn, Carl, 294 Spargo, John, cited, 296 Stamp tax, federal, 139, 200 INDEX Standerat, see Council of States Stanz, diet of, 32; Conven- tion of, 32; massacre of, 38 Steiger, J., cited, 341 Stoos, Karl, 172 Streng, Alfons von, 292 Stussi, H., 318, 322 n Suffrage, qualifications for, 74; referendum on, 154 Sumner, H. L., 32471 Switzerland, origin of name, 27 « TARirF, protective, 15s, 184 Taxes, see under Finance Telegraph rates, 230; finan- cial returns, 232 Telegraphic Union, 285 Telephones, 230; rates, 231; financial returns, 232 Tell, Wilhelm, 24 Teutonic stocks in Switzer- land, origin of, 17 Ticino, federal intervention •1) S5> proportional repre- sentation in, 350 Tobacco monopoly, proposed, 201 Town meeting, in communes, 327 Transportation, natural bar- riers to, 4 Treaties, see under Inter- national Relations Unemployment, insurance against, 246 United States, constitution of, imitated by Swiss, 38, 45; comparison of two con- stitutions, 48-70 passim; constitutional referendum in, 37, 136, 152; congres- sional mileage, 80; Council of States compared with Senate, 82; parliamentary practice, 97; executive, 103, 104, no, 131; initiative and referendum in, 134; constitutional amendment, 137; judiciary, 166, 17s, 177; civil code, 172; tax system, 179, 180; tele- graph rates, 230; telephone service, 231; child labor, 236, 238; army strength of, on basis of Swiss military system, 265; Swiss resi- dents in, 271; Secretary of Legation at Washington, 271; transfer of Dr. Ritter from Washington, 282; party conventions, 308; state legislatures, 314, 315; city government, 329; can- tons compared to Ameri- can states, 346 Universities, 333 Unterwalden, Lower, canton of, 20; entry into the League, 22 Uri, canton of, 20; entry into the League, 22 Usteri, Paul, 294 [429] INDEX Valais, allied with League, 30 Veditz, C. W. A., cited, 237, 238 Vice president, 108 Vienna, Congress of, 40 Vincent, J. M., cited, 22 n, 29, 124 «, 180 Vocational training, 336 Voters, qualifications of, 74 Vrooman, C. S., cited, 211 Walter, E., cited, 73 n War, effect of, on Swiss finances, 139, 196; relief work, 285 Watch making, 8 Water power, 145, 224, 226 Wells, H. G., cited, 267 n Welti, A., cited, 224 Westphalia, peace of, 31 White, Andrew D., cited, 37S "White coal," 224 WiUe, Ulrich, 262 Woman suffrage, 300 Women in industry, 8 Woodburn, J. A., cited, 57 n Workman's insurance, refei^ endum on, 140; see also under Labor WuUschleger, Eugen, 299 ZuG, enters League, 26 Zurich, made capital of League, 26; proportional representation in, 361 [430] BOOKS ON PHILIPPINE HISTORY STORIES OF LONG AGO IN THE PHIUPPINES. By DxTDLEY O. McGovNEY, formerly Teacher of History and Gov- ernment in the Philippine Normal School, Manila. A book of interesting stories of Philippine history. 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