GIFT OF v% s.» aov. *'. • Digitized by the Internet Archive in 2008 with funding from Microsoft Corporation http://www.archive.org/details/constitutionsofgOOzeydrich CONFIDENTIAL FOR OFFiaAL USE ONLY CONSTITUTIONS OF THE GERMAN EMPIRE AND GERMAN STATES EDITED BY EDWIN H. ZEYDEL Gk ^"r V WASHINGTON GOVERNMENT PRINTING OFFICE 1919 i^ \ A 0°^ i-v ©^ CONTENTS. Page. THE GEBMAN EMPIRE : Historical resume 5 Constitution of April 16, 1871 8 THE GERMAN STATES: Anhalt : 'Patent of publication of the Provincial Law of 1859 28 ^Provincial Law of 1859 28 Election Law of February 19, 1872 32 Baden: Constitution of August 22, 1818 35 Bavaria : Constitutional Act of May 26, 1818 51 Law of June 4, 1848 71 Constitution Agreement of 1843 72 ^Bremen: Constitution of January 1. 1894 76 Brunswick : New Constitution of October 12, 1832 91 Law of February 16, 1879 124 NHamburg: Constitution of October. 13, 1879 128 Hesse-Darmstadt: Constitution of December 17, 1820 145 ALippe : Constitution of July 6, 1836 158 Law of December 8, 1867 162 Law of June 3, 1876 163 NLiibeck: Constitution of October 2, 1907 165 Mecklenburg'-Schwerin — Mecklenburg-Strelitz 186 X)ldenburg: Constitution of November 22, 1852 189 Prussia: Constitution of January 31, 1850 '. 225 Reuss, Older Line: Constitution of March 28, 1867 238 Reuse, Young-er Line: Constitution of April 14, 1852 256 "Saxony: Constitutional Law of iSeptember 4, 1831 272 Saxe-AltenbuFg : Constitution of April 29, 1831 -302 Saxe-Coburg-Gotha : Constitution of May 3, 1852 342 Saxe-Meiningen : Fundamental Law of August 23, 1829 365 Saxe-Weimar-Eisenach : Fundamental Law of October 15, 1850 384 Schaumburg-Lippe : Constitutional Law of November 17, 1868 396 Schwarzburg-Rudolstadt : Constitution of March 21, 1854 411 Schwarzburg-Sondershausen : Constitution of July 8, 1857 419 Waldeck: Constitution of August 17. 1852 429' Proclamation regarding Treaty between Prussia and Waldeck-Pyr- mont, March 2, 1887 442 Final Protocol to Treaty, March 2, 1887 444 Wiirttemberg : Constitution of September 25. 1819 447 APPENDIX. Alsace-Lorraine : Law resi)ecting union with (ierman Empire, June 9, 1871 : 476 Law on introduction of German Constitution, June 25, 1873 : 476 Law concerning Constitution of Alsace-Lorraine, July 4, 1879 478 Law of Constitution of Alsace-Ix)rraine, May 31, 1911 479 Law respecting elections to Second Chamber, May 31, 1911 486 Index 491 412131 THE GERMAN EMPIRE.^ AN HISTORICAL RESUME. In 1806 the Holy Roman Empire came to an end. By the peace of Pressburg Austria lost a large part of its territory and recognized Bavaria, Baden, and Wiirttemberg as independent States. By their union into the Confederation of the Rhine on July 12, 1806, the smaller German States ceased to have even nominal connection with the Empire which was to disappear a few weeks later. The Confed- eration of the Rhine which included practically all of the German States except Austria and Prussia ceased to exist when the fortunes of war turned against the French. After the fall of Napoleon it proved impossible to 'restore the old Empire, but the equally futile and powerless German Confedera- tion was erected in its place. The Confederation act of June 8, 1815, was amended by the Vienna final act of May 15, 1820, which united the States for the repression of liberal principles, but gave to the Confederation no additional power for good. Until the revolution of 1848 the movement for German unity was confined largely to liberal theorists, though the customs union which Prussia had formed with many of the smaller States furnished an example of the material benefits to be gained by closer union. The revolution of 1848 forced the Governments to act. A German National Assembly met on May 18, 1848, and after a long and to a great extent fruitless debate, adopted the Imperial Constitution of March 28, 1849. Frederick William IV of Prussia was chosen Em- peror. But by this time the liberal movement had begun to lose force ; Austria had gained the Adctory over the revolutionary forces within its borders, and was resolved to oppose any scheme which would give to Prussia the leadership of a united Germany. The King of Prussia refused the proffered crown, and all hope of German unity for the time came to an end. The attempt of Prussia to estab- lish a league of States also failed because of the opposition of Aus- tria. The German Confederation was reestablished, to continue until Austria should be expelled from Germany by force of arms. * This short historical resume and the following translation of the Constitution of the German Empire are based on W, F. Dodd, Modern Constitutions, Vol. I, Chicago and London, 1909, pp. 321-351. The translation has been revised and brought up to date by a comparison with Stoerk-Rauchhaupt, Handbuch der Deutschen Verfassungen, Miinchen und Leipzig, 1913. 6 * ''' OoNSTiirj^'oN of the geeman empibe. A ::;:::•;••.::: : •• '*' The SchleSw-ig-Hotsteintitfair led to an open conflict between Prus- sia and Austria in 1866. Upon the motion of Austria the Federal Diet on June 14, 1866, decided to mobilize the forces of the Empire against Prussia; that State, whichhad protested against this action, declared the Confederation dissolved. In the war which followed Austria and her allies among the small States were signally defeated, and by the Peace of Prague of August 23, 1866, Austria gave its " consent to the new organization of Germany without the partici- pation of the Austrian Empire." Hanover, Electoral Hesse, Hol- stein, Schleswig, Nassau, and Frankfort were merged into the Prus- sian territory. On August 18, 1866, the small States of North Germany entered into a treaty accepting the conditions proposed by Prussia on June 10, 1866, for the establishment of a German Confederation. In con- sequence of this agreement an elected assembly met at Berlin on Feb- ruary 24, 1867, and adopted a Constitution of the North German Con- federation; this Constitution was ratified by the several States and went into effect on July 1, 1867. By the Treaty of Prague the relations of the South German States to the new Confederation were to be settled by future negotiations. Bavaria, Wiirttemberg, Baden, and Hesse entered the customs union and concluded offensive and defensive alliances with Prussia, but held back from any closer connection; it required the national feel- ing aroused by the war with France to complete the establishment of the German Empire. In November, 1870, the four South German States signed treaties giving in their adhesion to the Confederation ; on December 10, 1870, the German Confederation became the Ger- man Empire ; the King of Prussia assumed the imperial title at Ver- sailles on January 18, 1871. By the treaties with the South German States changes had been introduced into the Constitution of the North German Confedera- tion ; the Constitution of the Empire was now contained in four docu- ments: (1) The Constitution of the North German Confederation; (2) the treaty of November 15, 1870, between the North German Confederation, Baden, and Hesse; (3) the treaty of November 25, 1870, between the North German Confederation, Baden, and Hesse on the one side and Wiirttemberg on the other; (4) the treaty of November 23, 1870, concerning the adhesion of Bavaria to the North German Confederation. The Imperial Constitution of April 16, 1871. was practically a consolidation of the permanent provisions of these four instruments. Since 1871 the Constitution has been amended ten times; these amendments are indicated in their proper places in the text given below. The acquisition of Alsace-Lorraine and of Heligoland in- volved no change in the text of the Constitution. CONSTITUTION OF THE GERMAN EMPIKE. 7 In the text of the Constitution which is given below only the for- mal amendments have been indicated. By means of addition of territory, interpretation in practice, and of ordinary legislation, the Constitution has in fact undergone many other changes of impor- tance. In a recent article^ Prof. Laband calls attention to the fol- lowing alterations which have taken place in this informal manner : (1) Article 1, through the extension of the Imperial territory. (2) Article 4, through the extension of the competence of the Em- pire to matters which are not mentioned therein. (3) Article 13, through the practice which has developed of hav- ing the Bundesrat sit permanently. (4) Article 17, through the establishment of responsible substitutes for the Imperial Chancellor, and the creation of the office of Statt- halter of Alsace-Lorraine. (5) Article 18, paragraph 1, through the creation, by the law of March 9, 1899, of a separate section in the Imperial military court, whose members are appointed by the King of Bavaria. (6) Article 20, paragraph 2, through the addition of deputies from Alsace-Lorraine. (7) Article 34, through the admission of Hamburg and Bremen within the common customs frontier. (8) Article 35, through the introduction of new consumption taxes, and through the entry of the South German States into the general system of taxation of brandy. (9) Article 38, paragraph 1, throngh the assignment to the States of revenues derived from the tobacco tax and from the consump- tion tax on brandy. (10) Article 50, paragraph 2, by section 50 of the law of October 28, 1871, regarding the postal system. (11) Article 54, paragraph 4, by the Imperial law of April 5, 1886. (12) Article 60, by the Imperial law of May 26, 1893. (13) Article 74, by the Criminal Code. (14) Article 75, by the Gerichtsverfassungsgesetz of January 27, 1877. Article 77 and the temporary provisions contained in articles 18, 51, 56, 61, and 71 have also ceased to be in force. ^Die geacMchtliche Entwicklung der Beichaverfassung aeit der Reichsgrilndung, Jabrbuch des offentlicben Recbts, Vol. I. CONSTITUTION OF APRIL 16, 1871.^ His Majesty the King of Prussia, in the name of the North German Confederation, His Majesty the King of Bavaria, His Majesty the King of Wiirttemberg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse and Rhen- ish Hesse for those parts of the Grand Duchy of Hes^e lying south of the Main, conclude an eternal alliance for the protection of the territory of the Confederation, and of the rights of the same as well as for the promotion of the welfare of the German people. This Con- federation shall bear the name of the German Empire, and shall have the folloAving Constitution : I. FEDERAL TERKITORY. Article 1. The territory of the Confederation shall consist of the States of Prussia with Lauenburg, Bavaria, Saxony, Wiirttemberg. Baden, Hesse, Mecklenburg-Schwerin, Saxe- Weimar, Mecklenburg- Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Alt^nburg. Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Sbhw\arzburg- Sondershausen, Waldeck. Reuss, older line, Reuss, younger line, Schaumburg-Lippe, Lippe, Liibeck, Bremen, and Hamburg. \ II. LEGISLATION OF THE EMPIRE. Art. 2. Within this Federal territory- the Empire shall exercise the right of legislation in accordance wdth the jDrovisions of this Consti- tution ; and the laws of ttie Empire shall take precedence of the laws of the States. The laws of the Empire shall receive their binding force by Imperial promulgation, through the medium of an Imperial gazette. If no other time is designated for the published law to take effect, it shall become effective on the fourteenth day after its publi- cation in the Imperial gazette at Berlin. Art. 3. There shall be a common citizenship for all Germany, and the members (subjects or citizens) of each State of the Confederation shall be treated in every other State as natives, and shall accordingly have the right of becoming permanent residents ; of carrying on busi- ness; of filling public offices; of acquiring real estate; of obtaining citizenship, and of enjoying all other civil rights under the same con- 1 In the preparation of this text use has l)€en made of the translation in Howard's German Empire, and of that issued by Prof. E. J. James (2d ed., Philadelphia, 1899). It has been revised by a comparison with Stoerlf-Rauchhaupt, pp. 8-25. Cf. note on p. r». supra. - -J, CONSTITUTION OF THE GERMAN EMPIRE. 9 ditions as those born in the State, and shall also have the same treat- ment as regards judicial remedies and the protection of the laws. No German shall be limited in the exercise of these rights by the authorities of his native State, or by the authorities of any other State of the Confederation. The regulations governing the care of paupers and their admission into the various local unions, shall not, however, be affected by the principle enunciated in the first paragraph. In like manner, until further action, those treaties shall remain in force which have been concluded between the several States of the (Confederation in relation to the taking over of persons liable to be deported, the care of sick and the burial of deceased citizens. With. respect to the performance of military service in the several States, the necessary laws will be passed by the Empire. As against foreign countries all Germans shall have an equal claim upon the protection of the Empire. Art. 4. The following matters shall be under the supervision of the Empire and subject to Imperial legislation : (1) Regulations with respect to the freedom of migration; matters of domicile and settlement; citizenship; passports; surveillance of foreigners ; trade and industry, including insurance ; so far as these matters are not already provided for by article 3 of this Constitution, in Bavaria, however, exclusive of matters relating to domicile and settlement; and likewise matters relating to colonization and emigra- tion to foreign countries; (2) Legislation concerning customs duties, commerce, and such taxes as are to be applied to the uses of the Empire; (3) Regulation of weights and measures; of the coinage; and the •establishment of the principles for the issue of funded and unfunded paper mone}^; (4) General banking regulations; (5) Patents for inventions; (6) The protection of intellectual property; (7) The organization of a general system of protection for Ger- man trade in foreign countries, of German navigation, and of the German flag on the high seas; and the establishment of a common •consular representation, which shall be maintained by the Empire: (8) Railway matters, subject in Bavaria to the provisions of article 46 ; and the construction of land and waterways for the pur- poses of public defense, and of general commerce;. (9) Rafting and navigation upon waterways which are common to several States, the condition of such waterways, river and other Avater dues [and also the signals of maritime navigation (beacons, buoys, lights, and other signals) ] ; ^ ' The last clause of this section was added by law of March 3, 1873. 10 CONSTITUTION OF THE GERMAN EMPIRE. (10). Postal and telegraph affairs; in Bavaria and Wiirttemberg, however^ only in accordance with the provisions of article 52 ; (11) Regulations concerning the reciprocal execution of judicial sentences in civil matters, and the fulfilment of requisitions in general ; (12) The authentication of public documents; (13) General legislation as to the whole domain of civil and crim- inal law. and judicial procedure;^ (14) The Imperial military and naval affairs; (15) Police regulation of medical and veterinary matters; (16) Laws relating to the press, and to the right of association. Art. 5. The legislative power of the Empire shall be exercised by the Bundesrat and the Reichstag. A majority of the votes of both bodies shall be necessary and sufficient for the passnge of a law. With respect to laws concerning the army, or navy, or the taxes specified in article 35, the vote of the pra^sidium - shall decide in ease of a difference of opinion in the Bundesrat, if such vote be in favor of the maintenance of existing arrangements. III. THE BUNDESRAT. Art. 6. The Bundesrat shall consist of representatives of the mem- bers of. the Confederation, among which the votes shall be divided in such manner that Prussia with the foriner votes of Hanover. Electoral Hesse, Holstein, Nassau, and Frankfort shall have 17 votes; Bavaria, 6; Saxony, 4; Wiirttemberg, 4; Baden, 3; Hesse, 3; Mecklenburg-Schwerin, 2; Saxe-Weimar, 1; Mecklenburg- St relitz, 1; Oldenburg, 1; Brunswick, 2; Saxe-Meiningen, 1; Saxe-Altenburg, 1; Saxe-Coburg-Gotha, 1; Anhalt, 1; Schwarzburg-Rudolstadt, 1; Schwarzburg-Sondershausen, 1 ;- Waldeck, 1 ; Reuss, older line, 1 ; Reuss, younger line, 1 ; Schaumburg-Lippe, 1 ; Lippe, 1 ; Liibeck, 1 ; Bremen, 1 ; Hamburg, 1 ; total, 58 votes. Each member of the Confederation may appoint as many delegates to the Bundesrat as it has votes, but the votes of each State shall be cast only as a unit. Art. 6a.^ Alsace-Lorraine shall carry 3 votes in the Bundesrat so long as the provisions of article 2, sections 1 and 2, paragraphs 1 and 3, of the law concerning the Constitution of Alsace-Lorraine of May 31, 1911, remain in force. The votes of Alsace-Lorraine shall not be counted if the addition of these votes alone would give the majority to the presidential vote or would give it the casting vote as contemplated in article 7, para- 1 As amended December 20, 1873. The original text read : " General legislation concern- ing the law of obligations, criminal law, commercial law and commercial paper, and Judicial procedure." * I. e., Prussia. • Article 6a was inserted by law of May 31, 1911 ; cf. Stoerk-Rauchhaupt, pp. 10 and 11. CONSTITUTION OF THE GERMAN EMPIEE. 11 graph 3. sentence 3. The same proviso shall hold good in voting upon resolutions making alterations in the Constitution. Alsace-Lorraine is to be understood to be a Federal State in the sense of article 6, section 2, and of articles 7 and 8.- Art. 7. The Bundesrat shall take action upon : (1) The measures to be proposed to the Reichstag, and the reso- lutions passed by the same ; (2) The general administrative provisions and arrangements nec- essary for the execution of the Imperial laws, so far as no other pro- vision is made b}' law ; (3) The defects which may be discovered in the execution of the Imperial laws, or of the provisions and arrangements heretofore mentioned. Each member of the Confederation shall have the right to make propositions and introduce motions, and it. shall be the duty of the prsesidium to submit them for deliberation. Decision shall be reached by simple majority, with the exceptions provided for by articles 5, 37, and 78. Votes not represented or not instructed shall not be counted. In the case of a tie, the vote of the prsesidium shall decide. When legislative action is taken upon a subject which, according to thp provisions of this Constitution, does not concern the whole Empire, only the votes of those States of the Confederation inter- ested in the matter in question shall be counted. Art. 8.1 The Bundesrat shall appoint from its own members per- manent committees : (1) On the army and the fortifications; (2) On marine affairs; (3) On customs duties and taxes; (4) On commerce and trade; (5) On railroads, posts, and telegraphs; (6) On judicial affairs; (7) On accounts. In each of these committees there shall be representatives of at least four States of the Confederation, besides the praesidium, and each State shall be entitled to only one vote therein. In the com- mittee on the army and fortifications Bavaria shall have a perma- nent seat; the remaining members of this committee, as well as the members of the committee on marine affairs, shall be appointed by the Emperor; the members of the other committees shall be elected by the Bundesrat. These committees shall be newly formed at each session of the Bundesrat, i. e., each year, and the retiring members shall be eligible for reelectioni. * Decisions of the Bundesrat have added hereto : committees for Alsace-Lorraine, for the Constitution, for the order of businesK, for railroad freight tariffs. 12 CONSTITUTION OF THE GERMAN EMPIRE. A committee on foreign affairs, over which Bavaria shall preside, shall also be appointed in the Bundesrat; it shall be composed of the plenipotentiaries of the Kingdoms of Bavaria, Saxony, and Wiirttemberg, and of two plenipotentiaries of other States of the Empire, who shall be elected annually by the Bundesrat. The employees nec^sary for the conduct of their work shall be placed at the disposal of the committees. Art. 9. Each member of the Bundesrat shall have the right to appear in the Reichstag, and must be heard there at any time he shall so request, in. order to represent the Adews of his Government, even when such views shall not have been adopted by the majority of the Bundesrat. No one shall at the same time be a member of the Bundesrat and of the Reichstag. Art. 10. The Emperor shall afford the customary diplomatic pro- tection to the members of the Bundesrat. IV. THE PRESIDENCY. Art. 11. To the King of Prussia shall belong the presidency of the Confederation, and he shall have the title of German Emperor. It shall be the duty of the Emperor to represent the Empire among nations, to declare war and to conclude peace in the name of the Empire, to enter into alliances and other treaties with foreign coun- tries, to accredit ambassadors and to receive them. For a declaration of war in the name of the Empire, the consent of the Bundesrat is required, unless an attack is made upon the Fed- eral territory or its coasts. So far as treaties with foreign countries relate to matters which, according to article 4, are to be regulated by Imperial legislation, the consent of the Bundesrat shall be required for their conclusion, and the approval of the Reichstag shall be necessary to render them valid. Art. 12. The Emperor shall have the right to convene the Bundes- rat and the Reichstag, and to open, adjourn, and close them. Art. 13. The Bundesrat and the Reichstag shall be convened an- nually, and the Bundesrat may be called together for the preparation of business without the Reichstag ; the latter, however, shall not be convened without the Bundesrat. Art. 14. The Bundesrat shall be convened whenever a meeting is demanded by one-third of the total number of votes. Art. 15. The Imperial Chancellor, to be appointed by the Emperor, shall preside in the Bundesrat, and supervise the conduct of its business. The Imperial Chancellor shall have the right to delegate the power to represent him to any other member of the Bundesrat ; this delega- tion shall be made in writing. CONSTTTUnON OF THE GERMAN EMHBE. 13 Art. 16. The necessary bills shall be laid before the Reichstag in the name of the Emperor, in accordance with the resolutions of the Bundesrat, and shall be advocated in the Reichstag by members of the Bundesrat, or by special commissioners appointed by the latter. Art. 17. It shall be the duty of the Emperor to prepare and pub- lish the laws of the Empire, and to supervise their execution. The decrees and ordinances of the Emperor shall be issued in the name of the Empire, and shall require for their validity the counter-signature of the Imperial Chancellor, who thereby assumes the responsibility for them. Art. 18. The Emperor shall appoint Imperial officials, cause them to take the oath to the Empire, and dismiss them when necessary. Officials of any one of the States of the Confederation, who shall be appointed to any Imperial office, shall enjoy, with reference to the Empire, the same rights as those to which they are entitled in their native State by virtue of their official position, provided that no other legislative provision shall have been made previous to their entrance into the service of the Empire. Art. 19. If the States of the Confederation do not fulfill their con- stitutional duties, they may be compelled to do so by execution. This execution shall be decided upon by the Bundesrat, and carried out by the Emperor. V. THE REICHSTAG. Art. 20. The members of the Reichstag shall be chosen in a gen- eral direct election and by secret ballot. Until regulation by law, the power to make such regulation being reserved by section 5 of the Election Law of May 31, 1869, 48 depu- ties shall be elected in Bavaria, 17 in Wurttemberg, 14 in Baden, 6 in Hesse south of the River Main, and the total number shall conse- quently be 382.1 Art. 21. Government officials shall not require leave of absence in order to enter the Reichstag. When a member of the Reichstag accepts a salaried office of the Empire, or a salaried office in one of the States of the Confederation, or accepts any office of the Empire or of a State involving higher rank or salary, he shall forfeit his seat and vote in the Reichstag, but may recover his place in the same by a new election. Art. 22. The proceedings of 'the Reichstag shall be public. No one shall be held responsible for truthful reports of the pro- ceedings of the public sessions of the Reichstag. * Including, that is to say, those deputies returned by the States of the North German Confederation. By law of June 25, 1873, 15 additional members are elected from Alsace- Lorraine. With certain minor exceptions every male German of the age of 25 years may vote for members of and may be elected to the Reichstag. 14 CONSTITUTION OF THE GERMAN EMPIRE. Art. 23. The Reichstag shall have the right to propose laws with- in the competence of the Empire, and to refer petitions, addressed to it, to the Bundesrat or the Chancellor of the Empire. Art. 24. The Reichstag shall be elected for five years.^ It may be dissolved during that time by a resolution of the Bundesrat, with the consent of the Emperor. Art. 25. In case of a dissolution of the Reichstag, ne^v elections shall take place within a period of 60 days, and the Reichstag shall be called together within a period of 90 days after its dissolution. Art. 26. Without the consent of the Reichstag, an adjournment of that body shall not exceed the period of 30 days, and shall not be repeated during the same session. Art. 27. The Reichstag shall examine into the legality of the elec- tion of its members and decide thereon. It shall regulate its own procedure, and its own discipline, through its order of business, and elect its president, vice-presidents, and secretaries. Art. 28. The Reichstag shall take action by absolute majority. To render any action valid, the presence of a majority of the statu- tory number of members is required. - Art. 29. The members of the Reichstag are the representatives of the people as a whole, and shall not be bound by orders or instruc- tions. Art. 30. No member of the Reichstag shall at any time suffer legal or disciplinary prosecution on account of his vote, or on account of utterances made w^hile in the performance of his functions, or be held responsible in any other way outside of the Reichstag. Art. 31. Without the consent of the Reichstag, no one of its mem- bers shall be tried or arrested during the session for any penal offense, unless he be taken in the commission of the offense, or during the course of the following day. Like consent shall be required in tlie case of arrest for debt. At the request of the Reichstag all criminal proceedings instituted against one of its members, and any detentions for judicial inquiry or in civil cases, shall be suspended during its session. Art. 32. The members of the Reichstag as such shall receive no salaries. They shall receive an indemnification in accordance with the provisions of law.^ lArtlclo 24 amended from 3 to 5 years, March 19, 1888. *The second paragraph of this article was repealed by law of February 24, 1873. It road as follows : " For the decision of matters which, according to this Constitution, do not concern the entire Empire, only such members shall vote as are eloctetl from States whose interests are affected by the proposition." » As altered May 21, 1906. Article 32, as originally worded, forbade any compensation to members of the Reichstag. A law of May 21, 1900, provides that members of the Reichstag shall receive: (1) Free transportation on the German railways during the sessions of the Reichstag and for 8 days before the begimUng of and S days after the close of each session ; and (2) a yearly remuneration of .^.000 marks. CONSTITUTION OF THE GERMAN EMPIRE. 15 VI. CUSTOMS AND COMMERCE. Art. 33. (iermany shall form one customs and commercial terri- tory, having a common frontier for the collection of duties. Such parts of the territory as can not, by reason of their situation, be suit- ably embraced within the customs frontier, shall be excluded. All articles which are the subject of free traffic in one State of the Empire may be brought into any other State, and in the latter shall be subject only to such internal taxes as are imposed upon similar domestic productions. Art. 34. The Hanse cities, Bremen and Hamburg, together with a part of their own or of the surrounding territory suitable for such purpose, shall remain free ports outside of the common customs frontier, until they request admission within such frontier. Art. 35. The Empire shall have the exclusive power to legislate concerning everything relating to the customs; concerning the taxa- tion of salt and tobacco produced in the Federal territory, and of domestic brandy and beer, and of sugar and sirup prepaied from beets or otlier domestic products; concerning the mutual j^rotection jigainst fraud with reference to all taxes upon articles of consump- tion levied in the several States of the Empire; as well as concerning the measures which may be required in the territory, outside the customs boundaries, for* the security of the common customs frontier. In Bavaria, Wiirttemberg, and Baden, the matter of taxing domes- tic brandy and beer is reserved to the legislation of the States. The States of the Confederation shall, however, endeavor to bring about uniform legislation regarding the taxation of these aFticles also. Art. 36. The administration and collection of customs duties and of the taxes on articles of consumption (article 35) shall be left to each State of the Confederation within its own territory, so far as these functions have heretofore been exercised by each State. The Emperor shall superintend the observance of legal methods by me{?ns of Imperial officers vrhom he shall appoint, after consulting the committee of the Bundesrat on customs duties and taxes, to act in cooperation with the customs or tax officials and with the directive boards of the several States. Reports made by these officers concerning defects in the adminis- tration of the joint legislation (article 35) shall be submitted to the Bundesrat for action. Art. 37. In taking action upon the rules and regulations for the execution of the joint legislation (article 35), the vote of the praesi- dium shall decide when it is cast in favor of maintaining the existing rule or regulation. 16 CONSTITUTION OF THE GERMAN EMPIBE. Art. 38. The revenues from customs and from the other taxe& designated in article 35, so far as the latter are subject to Imperial legislation, shall go to the treasury of the Empire. Such revenues shall consist of the total receipts from the customs and excise taxes, after deducting therefrom : (1) Tax rebates and reductions in conformity with existing laws or general administrative regulations ; (2) Reimbursements for taxes improperly collected; (3) The costs of collection and of administration, viz: (a) In case of the customs, the costs which are required for the protection and collection of customs on the frontiers and in the frontier districts; (b) For the salt tax, the costs which are incurred for the salaries of the officers charged with the collection and control of this tax at the salt works; (c) For the taxes on beet sugar and on tobacco, the com- pensation which is to be allowed, according to the existing rules of the Bundesrat, to the several State Governments for the cost of administering these taxes ; (d) Fifteen per cent of the total receipts from other taxes. The territories situated outside of the common customs frontier shall contribute to the expenses of the Empire by payment of a lump sum. Bavaria, Wiirttemberg, and Baden shall not share in the revenues which go into the treasury of the Empire, from duties on brandy and beer, nor in the corresponding portion of the aforesaid payments^ in lump sum. The provision of article 38, paragraph 2, number 3 (d) of the Imperial Constitution is repealed, in so far as it relates to the tax on breweries. The compensation to be allowed to the States for the expense of collecting and administering the tax on breweries shall be fixed by the Bundesrat.^ Art. 39. The quarterly summaries made by the revenue officers of the Federal States at the end of each quarter, and the final state- ment, made at the end of the year, after the closing of the accounts, of the receipts which have become due in the course of the quarter, or during the fiscal year, from customs and from taxes on consump- tion which, according to article 38, belong to the treasury of the Empire, shall be arranged by the administrative officers of the vari- ous States, after a preliminary audit, into general summaries, in which each tax shall be separately entered. These summaries shall be transmitted to the Committee of Accounts of the Bundesrat. The latter, upon the basis of these summaries, shall fix provision- ally every three months the amounts due to the Imperial treasury * The last paragraph of article 38 was added by amendment of June 3, 1906. CONSTITUTION OF THE GERMAN EMPIRE. 17 from the treasury of each State, and it shall inform the Bundesrat and the States of the amounts so fixed ; furthermore, it shall submit to the Bundesrat annually the final statement of these amounts with its remarks. The Bundesrat shall take action upon the determination of such amounts. Art. 40. The terms of the Customs Union Treaty of July 8, 1867, shall remain in force, so far as they have not been altered by the provisions of this Constitution, and so long as they are not altered in the manner designated in articles 7 or 78. VII. RAILWAYS. Art. 41. Railways, which are considered necessary for the defense of Germany, or in the interest of general commerce, may, by force of Imperial law, be constructed at the expense of the Empire, even against the opposition of the members of the Union through whose territory the railroads- run, without prejudice, however, to the sov- ereign rights of the States; or private persons may be ^nted the, right to construct railways, and receive the right. of eminent domain. Every existing railway is bound to permit new railroad lines to be connected with it, at the expense of the said new lines. All laws which- grant existing railway undertakings the right to prevent the building of parallel or competitive lines are hereby re- pealed throughout the Empire, without prejudice to rights already acquired. Such rights of prevention shall not be granted in future concessions. Art. 42. The Governments of the Federal States bind themselves, in the interest of general commerce, to manage the German railways as one system, and for this purpose to have all new lines constructed and equipped according to a uniform plan. Art. 43. Accordingly, as soon as possible, uniform arrangements as to operation shall be made, and especially shall uniform regula- tions be adopted for the police of railways. The Empire shall take care that the various railway administrations keep the roads at, all times in such condition as is necessary for public security and furnish them with such equipment as the needs of traffic may require. Art. 44. Railway administrations are bound to run as many pas- senger trains of suitable speed as may be required for through traffic, and for the establishment of harmony between time tables; also to make provision for such freight trains as may be necessary for the transport of goods, and to organize a system of through forwarding both in passenger and freight traffic, permitting rolling stock to go from one road to another for the usual remuneration. 92975—19 2 18 CONSTITUTION OF THE GERMAN EMHBE. Art. 45. The Empire shall have control of the tariff of charges. It shall especially exert itself to the end: (1) That uniform regulations as to operation be introduced as soon as possible on all German railway lines ; (2) That the tariff be reduced and made uniform as far as pos- sible, and particularly that in the long-distance transportation of coal, coke, wood, ores, stone, salt, pig iron, manure, and similar articles, a tariff be introduced suitably modified in the interests of agriculture and industry ; and that the 1-pfennig tariff be introduced as soon as practicable. Art. 46. In case of public distress, especially in case of an extraor- dinary rise in the price of provisions, it shall be the duty of the rail- roads to adopt temporarily a low special tariff suited to the circum- stances, to be fixed by the Emperor on motion of the competent com- mittee of the Bundesrat, for the transport of grain, flour, legumes, and potatoes. This tariff shall, however, not be lower than the lowest existing rate for raw produce on the said line. The foregoing provisions, and those of articles 42 to 45, shall not apply to Bavaria. The Imperial Government, however, shall have the power, with respect to Bavaria also, to establish by means of legislation uniform standards for the construction and equipment of railways which may be of importance for the defense of the country. Art. 47. The managers of all railways shall be required to obey, without hesitation, requisitions made by the authorities of the Empire for the use of their roads for the defense of Germany. In particular shall troops and all materials of war be forwarded at uniformly re- duced rates. VIII. POST AND TELEGRAPH. Art, 48. The postal and telegraph systems shall be organized and managed on a uniform plan, as State institutions throughout th<', German Empire. The legislation of the Empire in regard to postal and telegraph affairs, provided for in article 4, shall not extend to those matters the control of which is left to governmental ordinance or administrative regulation, according to the principles which have prevailed in the administration of post and telegraph by the North German Con- federation. Art. 49. The receipts from post and telegraph throughout the Empire shall belong to a common fund. The expense shall be paid from the general receipts. The surplus shall go into the Imperial treasury (sec. XII). CONSTITUTION OF THE GEBMAN EMPIRE. 19 Art. 50. The Emperor shall have the supreme supervision of the administration of post and telegraph. The officers appointed by him shsill have the duty and the right to see to it that uniformity be estab- lished and maintained in the organization of the administration and in the conduct of business, as well as in the qualifications of em- ployees. The Emperor shall have the power to issue governmental instruc- tions and general administrative regulations, and also the exclusive right to regulate the relations with the postal and telegraph systems of other countries. It shall be the duty of all officers of the postal and telegraph admin- istration to obey the orders of the Emperor. This obligation shall be assumed in the oath of office. The appointment of such superior officers as shall be required for the administration of the post and telegraph in the various districts (such as directors, counselors, and superintendents) , furthermore, the r.ppointment of officers of the post and telegi^aph acting in the capac- ity of organs of the aforesaid authorities as supervisors or for other services in the several districts (such as inspectors or controllers), shall be made throughout the Empire by the Emperor, to whom such officers shall take the oath of office. The governments of the several States shall receive timely notice of the aforementioned appointments, us far as they may relate to their territories, so that they may confirm and publish them. Other officers required in the administration of the post and tele- graph, as well as all those employed for local and technical work, including the officials in the local offices, and so forth, shall be ap- pointed by the governments of the respective States. Where there is no independent State administration of post or tele- graph, the terms of special treaties shall control. Art. 51. In consideration of the differences which have heretofore existed in the net receipts of the State postal administrations of the several districts, and for the purpose of securing a suitable equaliza- tion during the period of transition below named, the following proce- dure shall be observed in assigning the surplus of the postal adminis- tration for general Imperial purposes (article 49) : From the postal surpluses which accumulated in the several postal districts during the five years from 1861 to 1865, a yearly average , shall be computed, and the share which every separate postal district has had in the surplus resulting therefrom for the whole territory of the Empire shall be expressed in a percentage. In accordance with the ratio thus ascertained, the several States shall be credited on the account of their other contributions to the 20 CONSTITUTION OF THE GERMAN EMPIEE. expenses of the Empire, with their quota accruing from the postal surplus in the Empire, for a period of eight years following their entrance into the postal administration of the Empire. At the end of the said eight years the distinction shall cease, and ,any surplus from the postal administration shall go, without di- vision, into the Imperial treasury, according to the principle con- tained in article 49. Of the quota of the postal surplus which accrues during the afore- mentioned period of eight years in favor of the Hanse cities one- half shall each year be placed at the disposal of the Emperor, for the purpose of providing for the establishment of the proper postal organizations in the Hanse cities. Art. 52. The provisions of the foregoing articles 48 to 51 do not apply to Bavaria and Wiirttemberg. In their place the following provisions shall be valid for these two States of the Empire : The Empire alone shall have power to legislate upon the privileges of the post and telegraph, upon the legal relations of both institu- tions to the public, upon the franking privilege and the postal rates, excepting, however, the adoption of administrative regulations and of rates for the internal communication within Bavaria and Wiirt- temberg, respectively ; and, under like limitations, upon the fixing of charges for telegraphic correspondence. In the same manner, the Empire shall have the regulation of postal and telegraphic communication with foreign countries, excepting the immediate intercourse of Bavaria and Wiirttemberg with neighbor- ing States not belonging to the Empire, the regulation of which is subject to the provisions of article 49 of the postal treaty of No- vember 23, 186T. Bavaria and Wiirttemberg shall not share in the postal and tele- graphic receipts coming into the treasury of the Empire. IX. MARINE AND NAVIGATION. Art. 53. The navy of the Empire shall be a united one, under the supreme command of the Emperor. The Emperor is charged with its organization and construction ; he shall appoint the- officers and employees of the navy, and they and the seamen shall take an oath of obedience to him. The harbor of Kiel and the harbor of the Jade are Imperial naval ports. The expense required for the establishment and maintenance of the navy and of the institutions connected therewith shall be de- frayed from the treasury of the Empire. CONSTITUTION OF THE GEEMAN EMPIRE. 21 All seafaring men of the Empire, including machinists and arti- sans employed in ship-building, are exempt from service in the army, but are liable to service in the Imperial navy.^ Art. 54. The merchant vessels of all States of the Union shall form a united mercantile marine. The Empire shall determine the process for ascertaining the ton- nage of seagoing vessels, shall regulate the issuing of tonnage cer- tificates and of ship certificates, and shall fix the conditions upon which a license to command a seagoing vessel shall be granted. The merchant vessels of all the federated States shall be admitted on equal footing to the harbors and all natural and artificial water- courses of the several States of the Union, and shall be accorded similar treatment therein. The fees which may be collected in har- bors, from seagoing vessels or from their cargoes, for the use of marine institutions, shall not exceed the amount necessary for the maintenance and ordinary repair of these institutions. On all natural watercourses taxes may only be levied for the use of special institutions which serve to facilitate commercial inter- course. These taxes as well as the charge for navigating such arti- .ficiaL channels as are the property of the State shall not exceed the amount required for the maintenance and ordinary repair of such institutions and establishments. These provisions shall apply to' rafting, in so far as it is carried on along navigable watercourses. The power to lay other or higher taxes upon foreign vessels of their cargoes than those which are paid by the vessels of the Federal States or their cargoes shall belong only to the Empire and not to the separate States. Art. 55. The flag of the naval and merchant marine is black, white, and red. X. CONSULAR AFFAIRS. Art. 56. The Emperor shall have the supervision of all consular affairs of the German Empire, and he shall appoint consuls, after hearing the Committee of the Bundesrat on Trade and Commerce. No new State consulates shall be established within the districts covered by German consuls. German consuls shall perform the functions of State consuls for the States of the Union not represented in their districts. All the State consulates now existing shall be abolished as soon as the organization of the German consulates shall be completed in such a manner that the representation of the separate interests of all the Federal States shall be recognized by the Bundes- rat as satisfactorily secured by the German consulates. 1 Paragraph 5 of article 53 was repealed by law of May 26, 1893. It read as follows : " The apportionment of requisitions to supply the ranks of the navy shall be made ac- cording to the actual seafaring population, and the number furnished in accordance herewith by each State shall be deducted from the number otherwise required for the army." 22 CONSTITUTION 01' THE GERMAN EMPIRE. XI. MILITARY AFFAIRS OF THE EMPIRE. Art. 57. E-very German is liable to military duty, and in the dis- charge of this duty no substitute shall be accepted. Art. 58. The costs and the burden of the entire military system of the Empire shall be borne equally by all the Federal States and their subjects, so that neither special privileges nor burdens upon particu- lar States or classes are in principle permissible. Where an equal distribution of the burdens can not be effected in natura without prejudice to the public welfare, the equalization shall be effected by legislation in accordance with the principles of justice. Art. 59. Every German capable of bearing arms shall belong for seven years to the standing army, as a rule from the end of his 20th to the beginning of his 28th year ; during the next five years he shall belong to the national guard (Landwehr) of first summons, and then to the national guard of second summons until the 31st day of March of the year in which he reaches the age of 39 years. During the period of service in the standing army the members of the cavalry and of the mounted field artillery are required to serve the first three years in unbroken active service ; all other forces are required to give the first tw o years in active service. As regards the emigration of men belonging to the reserve, only those provisions shall be in force which apply to the emigration of members of the national guard (Landwehr) } Art. 60. The number of men in the German army in time of peace shall be fixed until the 31st day of December, 1871, at 1 per cent of the population of 1867, and shall be furnished by the several Federal States in proportion to their population. After the above date the effective strength of the army in time of peace shall be fixed by Im- perial legislation. Art. 61. After the publication of this Constitution the entire Prus- sian system of military legislation shall be introduced without delay throughout the Empire, both the statutes themselves anv. 2 Pietscher : Das BtaatsrecM dea Hermogtums Anhalt, accepts on the ground of custom the fact that the Diet must now be summoned annually. Cf. Jantsch " Der Anhaltische Landtag/' p. 39, note 37. 3 The consent for such sales is no longer necessary. Law of June 28, 1869, article 16 (Anhalt Code of Laws, vol. 4, p. 1329). so CONSTITUTIONS Oi' THE GERMAN STATES provisory laws placed before the Diet for the passing of its judgment (sec. 18) and consent (sec. 19). Sec. 21. We reserve the right to declare every matter belonging to the jurisdiction of the General Diet as a question relating to our Special Diet, if we are either not agreed as to the necessity of pass- ing a law or concluding a treaty, or if the General Diet refuses to pass a bill. We may also refer to the Special Diet all questions which concern the vital interests of a Duchy. Sec. 22. The General Diet shall have the right to address com- plaints and proposals to us. We shall grant the same right to the separate Estates if they con- sider themselves oppressed by the decision of the majority. Sec. 23. The following topics are excluded from the deliberations of the General Diet : All legislation referring to the finances of the Duchies, especially the State budget, the auditing of the accounts, the taxes, dues, and the public debt. Sec. 2^.^ The opening of the General Diet shall be effected by the Duke, as First Provincial Director, in person, or by commissioners, to be named individually by us. These commissioners and officials empowered by them are entitled to attend the deliberations of the Diet and to take the floor at all times. Sec, 25.^ The meetings of the General Assembly are to be conducted according to the order of business which is in force. Sec. 26. The members of the Diet shall receive four thalers daily for the duration of the Diet. Sec. 27. The dismissal of the General Diet shall take place in the same manner as the opening. Sec. 28. In suitable cases we reserve for ourselves the right of dis- solving the General Diet. The dissolution shall have this effect, that all representatives elected for the duration of one term of the Diet, shall lose their qualifications as such and newly elected mem- iDers must come into office. [Secs. 29 and 30 concerning the Special Diets were rescinded by the union of the Anhalt Provinces of August 30, 1863, (cf. sec. 47 of this Provincial Law) and the law of February 19, 1872, section 1.] Sec. 31. The Special Diets must deal with the special matters of the separate Duchies. Beside such -matters which we shall refer, especially to the Special Diets, all financial legislation of the separate Duchies, in particular the right to impose new taxes, and, with reference to the Duchy of Anhalt-Bemburg, the announcement of additional dues known as * Replaced by the rule of business of the Diet of January 24, 1876 (Code of Laws, vol. 8, p. 65), which was amended by law of February 26, 1891 (vol. 13, p. 469). CONSTITUTION OF ANHALT. 31 the war taxes, the imposition of new levies or other duties, as well as the collection of new provincial debts, the issuance of paper money, and the pawning and sale of real property, shall be preroga- tives of the Special Diets. The latter shall also supervise the cancel- ation of the provincial debts, examine the annual budget, and de- termine the sums to be expended in a fiscal period not to exceed three years. [Secs. 32 to 34 referred to the Special Diets and are no longer in force.] Sec. 35.^ The Committee of the Estates consists of : 1. Nine members of the Diet chosen by the Diet. Sec. 36. [Repealed.] Sec. 37.- The Under Provincial Director is the chairman in the General Committee and in the Special Committee of the Duchy to which he belongs. Sec. 38. The (xeneral Committee, as well as the Special Commit- tees, are permanently active, and the dissolution of the Diet (sec. 28) causes only the resignation of such members of the committee who were members of the Diet and were elected for a given period. Vacancies caused by death or ineligibility of members are filled as soon as possible by the election of others. Sec. 39. The General Committee controls independently the excise- revenue funds until all obligations connected therewith shall have been fulfilled. After the fulfilment of these obligations the funds shall be lawfully canceled with the consent of the General Diet. Sec. 40. The General. Diet shall have the power to submit to us at any time complaints on the status of legislation or on other matters relating to the General Diet, and to make proposals with regard thereto. Sec. 41.^ Furthermore they (i. e., the Special Committees) shall name from among their own number the members of the Estates who are to form the Committees for the Cancelation of State Debts. Secs. 42-46. [Rescinded by law of February 28, 1891.] Sec. 47. In Case one of our special ducal lines should become ex- tinct, all provisions (sees. 21, 23, 29 ff.) referring to Special Diets and committees are modified in that the General Diet and its committee replace the Special Diets and their committees. Sec. 48. This Provincial Law is placed under the guarantee of the German Confederation.* ^Clause 2 of this section was repealed by law of February' 28, 1891. 2 The rest of the provisions of sec. 37 were rescinded by law of February 19, 1872. 3 Clause 1 of sec. 41 is no longer in force. * Cf . Imperial Constitution, article 76, par. 2. 32 CONSTITUTIONS OF THE GERMAN STATES. Signed with our own hand and provided with the ducal seals. Dessau, July 18, 1859. Hoym, August 31, 1859. (Signed) LEOPOLD FEIEDRICH, Duke of Anhalt.. [l.s.] v. Ploetz. ALEXANDER CARL, Duke of Anhalt^ FRIEDERIKE, Duchess of Anhalt. [l.s.] v. Schaetzell. ELECTION LAW OF FEBRUARY 19, 1872 (CODE OF LAWS, VOL. C,, P. 371). We, Friedrich, by God's grace, Duke of Anhalt, etc., order, on the proposal of our State Ministry and with the consent of the Diet, as follows : Section 1. The Diet shall consist in the future of : (1) Two members to be appointed by the Duke for the duration of the Diet session ; . (2) Eight members to be elected from the most heavily taxed land- owners ; (3) Two from the most heavily taxed tradesmen and manufac- turers ; (4) Fourteen from the other qualified voters of the cities; (5) Ten other qualified voters of the lowlands. Sec. 2. Aside from special requirements (sees. 3 and 4), every citi- zen of Anhalt who has passed his twenty-fifth year shall be an elector for the Diet. From the right to vote are excluded those persons : (1) Who are in ward or-gaardianship; (2) Those over whose property there is a declaration of bank- ruptcy during the bankruptcy proceedings ; (3) Those who receive relief from the public or community fundSy or did so receive in the previous election year ; (4) Those who, in consequence of legal proceedings,* have been de- prived of the full enjoyment of political rights, during the time of such deprivation, provided they shall not be reinstated in these- rights. Sec. 3. Those most heavily taxed landowners are eligible for elec- tion who, according to section 61 of the law no. 724, pay 63 marks- or more fixed land taxes.^ The possession of rights of usufruct by inheritance or marriage and possession by entail shall be equally recognized as valid owner- ship. ^ The present wording according to the law of April 7, 1887 (Code of Laws, vol. 12, p. 383), sec. 3, no. 1. In regard to the "fixed taxes,;; see the law of June 20, 1904r (vol. 18, p. .163), sec. 67. CONSTITUTION OF ANHALT. 33 Sec. 4.^ Those most heavily taxed tradesmen and manufacturers are eligible for election who are qualified according to section 2 and are to be considered as merchants in the sense of the general German Commercial Code - or are owners of mines and smelting works and have an income resulting from the traffic and trade of the mines and smelting works respectively of at least 18,000 marks. Sfx. 5. When a qualified voter belongs both to the class of the heavily taxed landowners as well as also to the class of the heavily taxed tradesmen and manufacturers, the decision shall rest with him in which class he will exercise his riglit to vote. Sec. 6. The voters of the loAvlands shall vote in 10 electoral dis- tricts and shall elect one delegate each. The division of these electoral districts shall JDroceed b}'^ the order proclaimed by the State Ministry in accordance with section 10 of this law. The same order shall govern the 14 representatives to be chosen by the cities. Sec. 7.^ Qualified voters of the cities and lowlands shall be all those who, in addition to the aforesaid requirements in section 2, possess the qualification for the municipal election according to sections 52 and 110 of the municipal law,'^ who do not belong to the heavily taxed class (sees. 3 and 4), and who have had their residence within the Duchy for at least six months. With reference to the inhabitants of independent precincts of castle or manor the requirements for the franchise in the electoral districts to which they belong shall be in force. Sec. 8. Everyone shall be eligible to membership in the Diet who possesses the aforesaid general requirements in section 2 and who belongs to that class of voters from which the election is made. Active State officials must have consent of the Prince in order to accept the election.^ 1 The present wording according to the law of March 1, 1890 (vol. 13, p. 333). - In place of this is now to be inserted the definition of merchant in the Commercial Code of May 10, 1897 (sec. 1, par. 1). Cf. here Jantsch " Der AttJtaltische Landtag," p. 9, note 4. 3 The present wording according to the law of May 19, 1895 (vol. 14, p. 531). In the election law of 1872 it was only demanded that each voter comply with sec. 2 and not belong to the most heavily taxed class (sees. 3 and 4) and that he must have his resi- dence within electoral district at the time of posting the electoral register. * Cf. the laws of May 26, 1882, April 12, 1890, and June 20, 1904 (vol. 10, p. 463 ; vol. 13, p. 375; vol. 18, p. 163). According to these anyone is eligible who possesses a residence or pieces of property in the community district which, are assessed for fixed taxes of 45 pfennigs at least, or whoever is assessed for a classified income tax and, very explicitly, with at least a total of 30 pfennigs in the cities or 15 pfennigs /in villages. The total tax is 15 pfennigs for an income of 600 to 750 marks and 30 pfennigs for an income of 1,050 to 1,200 marks. 5 An official who is a member of the Diet needs no leave of absence for participation in the transactions of the Diet ; a notary needs no leave of absence for entrance into the Diet. 92975—19 3 34 CONSTITUTIONS OF THE GERMAN STATES. With the expiration of eligibility to vote, the eligibility to the Diet expires also. Sec. 0.^ All elections shall proceed by secret ballot and according to absolute majority of votes cast. For the purpose of the election of delegates for cities and for lowlands (sec. 1, nos. 4 and 5) the voters shall choose deputies from their own number, one deputy for each 25 to 30 voters. Delegates are elected by the deputies. Sec. 10. More detailed directions concerning the division of the primary election districts for cities and lowlands, the publication of election lists, as well as the whole election proceedings, shall be de- cided by an order given out by the State Ministry, which order is to be submitted with a view to legal adjustment to the Diet assembling on the basis of this law.'- In the decree of this order, the State Min- istry shall take as a basis the directions for the proceedings of the German Reichstag. Sec. 11. All members of the Diet in their proceedings and voting shall keep before their eyes solely the welfare and good of the entire country without consideration of the interests of any special locality, rank, or class, and they are not bound by directions and instructions. Secs. 12-15. [Abolished by laAv of January 24, 1876.] Sec. 16. All provisions of the Provincial Law and of law no. 264 which are at variance with the above provisions are hereby repealed. Sec. 17. The present laAv shall become valid on October 1, 1872, 8nd a new Diet period shall begin on November 14, 1872. Signed with our own hand and provided with the ducal seal. So done at Dessau on the 10th dav of Februarv, 1872. I L.S.I ' FRIEDRICH. Duke of A'nhalt. v. Lariscii. 1 The present wording, according to the law of May 19, 1895 (vol. 14, p. 531, article 2). 2 The law accordingly given out dates from January 3, 1873 (vol. 6, p. 141). Conform- ably to this, the district of Dessau elects four, the districts of Zerbst and Bernburg each three, the districts of Cothen and Ballenstedt each two municipal delegates. Furthermore, two rural delegates are elected in each of the five districts. The cities and the villages conduct their own elections (sec. 1). The elections are indirect — absolute majority is necessary. BADEN.^ CONSTITUTION OF AUGUST 22, 1818. [preamble.] Carl, by the grace of God, Grand Duke of Baden, Duke of Zahringen, Landgrave of Nellenburg, Count of Hanau, etc. In the year 1816, when we once more announced to our subjects our intention to give a representative constitution to our Grand Duchy, we cherished the wish and the hope that all members of the (Jerman Confederation would agree upon a substantial and invaria- ble basis for the institution, which has been promised all the peoples of Germany, and that each single State, having regard to existing conditions, would attend to its own peculiar needs only in the develop- ment of the principles establishexi by the Diet of the German Con- federation. As, however, according U: the hist votes passed upon this subject in the Diet of the German Confederation, the pefiod can not yet be Jefinitelj^ foreseen when the formation of the representative Consti- tution may become the subject of common deliberation, we consider ourselves bound now to carry into effect the assurance given by us to our subjects, in the way and manner corresponding Avith our firm, free, and deep conviction. Penetrated by the most si;ncere desire of drawing still closer the bonds of confidence existing between us and our people, and of bringing all our political institutions to a higher degree of perfection in the way pointed out in these presents, we have granted the following Constitution, and hereby solemnly promise, in our own name, and in that of our successors, to maintain it, and cause it to be maintained faithfully and conscientiously. I. THE (iKAND DVCHY AND THE GOVERNMENT IN GENERAL. Section 1. The Grand Duchy forms a constituent part of the Ger- man Confederation. Sec. 2. All organic decrees of the Diet of the German Confedera- tion, which concern the constitutional relations of Germany, or the relations of German citizens in general, form a part of the pub- lic law "of Baden, and shall be binding for all classes of subjects, after the same shall have been proclaimed by the head of the Government. Sec. 3. The Grand Duchy is indivisible and inalienable in all its parts. ^ Translation by Richard Jente based on the text as found in Stoerk-Rauchhaupt, Handbuch der Deutschen Verjaasungen, pp. 76-82. 35 36 CONSTITUTIONS OF THE GERMAN STATES. Sec. 4. The supreme Government of the Grand Duchy is hereditary in the grand ducal family, according to the provisions of the decla- ration of October 4, 1817; which declaration, as the basis of the family code, forms an essential constituent part of the Constitution, and is to be considered as verbally adapted in the present Constitu- tion. Sec. 5. The Grand Duke unites in himself all the prerogatives of executive power, and exercises them under the provisions contained in the present Constitution. His person is sacred and inviolable. Sec. 6. The Grand Duchy has a representative Constitution. II. THE CIVIL AND POLITICAL RIGHTS OF THE PEOPLE OF BADEN, AND ESPECIAL GUARANTEES. Sec. 7. The civil rights of the people of Baden are equal in every respect, where the Constitution does not particularly and expressly establish an exception. The grand ducal Ministers of State, and all servants of the Gov- ernment, are responsible for their strict observance of the Constitu- tion. Sec. 8. All the people of Baden contribute, without distinction, to all public burdens. All exemptions from direct or indirect taxes are repealed. • Sec. 9.^ All citizens have equal claim to all civil and military ap- pointments, and ecclesiastical offices of their confession, without dis- tinction of religion. All foreigners on whom we confer an office of State obtain natur- alization immediately by this conferment. Sec. 10. Differences in birth and religion shall not establish any exemption from military service, except in favor of those mediatized noble families, which are exempted by the act of the German Con- federation. Sec. 11. An appropriate scale of settlement shall be regulated fey law for the redemption of all socage fees and duties already de- clared redeemable, and all assessments arising from the repeal of personal bondage. Sec. 12. The law of August 14, 1817, respecting the freedom to emigrate, shall be considered as an essential part of the Constitution. Sec. 13. The property and personal freedom of the people of Baden are placed under the protection of the Constitution in equal manner for all. Sec. 14. The courts are independent, within the limits of their jurisdiction. All verdicts in civil cases must proceed from the ordinary courts. 1 Law of February 17, 1849. CONSTITUTION OF BADEN. ^7 The grand ducal State Attorney proceeds at law before the pro- vincial courts in all disputes arising out of matters invohdng private right. No one can be compelled to surrender up his 'property for public purposes, except after the deliberation and decision of the Ministry of State and after previous indemnification. Sec. 15. In criminal affairs no man can be deprived of his regular judge. No num can be arrested otherwise than according to legal form nor detained more than 48 hours in prison without a hearing upon the grounds of his arrest. The Grand Duke can mitigate or entirely remit punishments pro- nounced but can not aggravate them. Sec. 16. All confiscations ,of property shall be abolished. Sec. 17. The freedom of the press shall be exercised according to the future regulations of the Diet of the German Confederation. Sec. 18. Every inhabitant enjoys undisturbed freedom of con- science, and equal protection, with respect to his religious worship. Sec. 19.^ The political rights of all religious denominations are equal. Sec. 20. Ecclesiastical property, and the particular property and revenues of foundations, and institutions for education and charita- ble purposes, can not be diverted from their object. Sec. 21. The endowments of both universities of Baden and other high institutions of learning, whether consisting of estates and reve- nues and enjoyed by right, or of grants from the public treasury, shall njot be abolished. Sec. 22. Every obligation of the State to its creditors is inviolable. The establishment of the sinking fund shall be maintained in its present system. Sec. 23. The privileges which were, by the Edict of April 23, 1818, granted to the former Estates of the Empire and members of the former immediate Imperial knighthood, belonging to the Grand Duchy, form an essential part of the Constitution). Secs. 24-25. [Eepealed by section 147, clause 1, of the law of July 24, 1888, regarding Government Officials.] III. THE ASSEMBLY OF THE ESTATES, OR DIET THE RIGHTS AND DUTIES OF ITS MEMBERS. Sec. 26. The Estates are divided into two Chambers. Sec. 27.^ The First Chamber consists of : (1) The princes of the Grand Ducal House; (21 The heads of the mediatized noble families; 1 Law of February 17, 1849. 2 Law of August 24, 1904. 38 CONSTITUTIONS OF THE GERMAN STATES. (3) The Catholic Bishop of the Grand Duchy, and the prelate of the Protectant Church of the Grand Duchy ; (4) Eight deputies of the landed nobility; (5) One deputy from each of the three highest institutions of learning ; (6) Six deputies elected by the legally organized occupational corporations, namely, three from the Chambers of Commerce, two from the Chamber of Agriculture, and one from the Cham- ber of Labor; (T) Two chief burgomasters of cities included under the Municipal Corporation Act, one burgomaster from any other city with more than 3,000 inhabitants, and one member from one of the district boards ; the chief burgomasters and the burgo- master shall be elected by the members of the city councils and the common councils, and the member from a district board by all the members of the district boards of the Grand Duchy ; (8) Persons named members by the Grand Duke. Sec. 28.^ The princes of the Grand Ducal House and the mediatized nobles take their seats in the Assembly upon becoming of age. With respect to those mediatized noble families which are divided into several branches, the head of each branch possessing a suitable lord- ship is a membei!' of the First Chamber. By decision of the Grand Duke, the hereditary right of membership in the First Chamber (hereditary dignity of membership to the Diet) can be conferred upon the heads of noble families whose landed pos- sessions situated in the Grand Duchy and recognized as family estates, hereditary under the law of primogeniture and lineal descent, are appraised at a minimum of one million marks after a deduction of the encumbrances in the register of direct assessment. If the pre- requisites of conferment cease to exist, the hereditary dignity of membership to the Diet shall expire. If a person is commissioned guardian of the owner of a mediatized estate w^ho is a minor or is incapacitated because of mental derange- ment, he may, if he is an agnate of the family, exercise membei*ship in the First Chamber in place of his ward. If the head of a mediatized family is prevented in the exercise of membership through reasons other than those designated in para- graph 3, he may intrust an agnate as proxy with the exercise of membership for the duration of the session. The appointment of the proxy must be reported in writing to the president of the First Chamber, and if the Diet is not assembled, to the president of the Ministry of State. Sec. 29.^ All the noble proprietors or joint proprietors of an estate in the Grand Duchy which in 1806 bore the character of immediacy 1 Law of August 24, 1904. CONSTITUTION OF BADEN. 39 to the Emperor of the German Empire, or the ri^ht of ])atrimoni}il jurisdiction, are entitled to vote at the election of deputies of the landed nobility. By decision of the (xrand Duke the hereditary right of j^articipa- tion in the election of the deputies of the landed nobility can be conferred upon the landed nobles whose landed possessions, situated in the Grand Duchy, and recognized as family estates, hereditary under the law of primogeniture and lineal descent, are a]:>praised at at least 200,000 marks after the deduction of the encumbrances in the register of direct assessments. If the jn-erequisites of conferment cease, the right shall expire. Sec. 80.^ In default of the Catholic Bishop of tlie (Irand Duchy, the administrator of the bishopric takes his place in the First Chamber. Sec. 31.^ The (xrand Duke shall appoint to the First Chamber: (1"^ Two higher court officials; (2) Further members, without* respect to ])ositi(;p. ;ind birth; however, not more than six. Sec. 32.^ The two higher court officials are appointed for thcv dura- tion of their period of office. Besides this, the appointment of the members named by the (Jrand Duke, and also the election of the dep- uties of the landed nobility, the higher institutions of learning, the occupational corporations, and the cities and districts shall bo for the four-year diet period. Sec. 32<2.^ Only such persons are eligible to vote at the election of members designated in section 27, clauses 4 to 7, who possess the citi- zenship of Baden, who have their fixed residence in the Grand Duchy, who are at least 25 years of age, and who are not disqualified by any of the reasons designated in section 35. The persons eligible to vote at these elections are also eligible for election, if they have passed their thirtieth year. The suspension of sujffrage, according to section 35, clause 4, does not exclude eligibility to election. The proxies designated in section 28 must also meet these prerequisites of eligibility to election. Besides this, in the election of deputies from the higher institu- tions of learning the eligibility to a ote is limited to the full professors of the institution in question, and, in the election of 'the landed no- bility eligibility to election is limited to those eligible to vote ac- cording to section 29. Sec. 32 &.^ If a person is a member of the Second Chamber he can not take a seat as member of the First Chamber. iLaw of August 24, 1904. 40 CONSTITUTIONS OF THE GERMAN STATES. If a member of the First Chamber accepts election as deputy to the Second Chamber his membership in the First Chamber auto- matically ceases. Sec. 33.^ Tlie Second Chamber consists of 73 deputies. The dep- uties shall be elected by general, direct, and secret vote,' each in a par- ticular election district. Sec. 34.^ Male persons over 25 years of age. who at the time of election have a fixed residence in the Grand Duchy, and have pos- sessed the citizenship of Baden at least one year, are eligible to vote at the election of deputies to the Second Chamber. However, a one- year possession of the citizenship of Baden is sufficient, if the resi- dence in the Grand Duchy has continued at least one year immedi- ately before the election.- Sec. 35.^ The right of suffrage is suspended : (1) If the person eligible to vote is under guardianship or under attention because of mental derangement; (2) During the course of bankruptcy proceedings, if such have been begun against the property of the person eligible to vote ; (3) If the person eligible to vote is receiving or has received poor relief from the public treasury during the year preceding the election, excepting in case of a temporary misfortune; ex- emption from payment of fees due for attending public institu- tions of learning, and the gratuitous supply of the meany of instruction necessary for the students of such institutions is not considered as poor relief; (4) If the person eligible to vote is in arrears with the pay- ment of a direct tax incumbent upon him toward the State or a community for the preceding tax year, in case he has received seasonable warning, but has not been granted respite for pay- ment. Sec. 36.^ All citizens eligible to vote are eligible for election, ex- cept those w^ho at the time of election have not yet com]3leted their thirtieth year, or to whom section 35, clauses 1 to 3, apply. The heads and the officials of the district government offices, of the district courts, and of the notary offices, as well as of the district boards for administrating taxes, customs, domains, forests; the con- struction of State buildings, waterworks, highways, and railroads; the district physicians and veterinarians, and the local clergymen are not eligible to election in an election district to which their official district belongs in whole or in part. iLaw of August 24, 1904. 2 Cf. article 8, clause 1, of the law of August 24. 1904, which reads: "Persons who have acquired the citizenship of Baden before .January 1, 1905, or have talien up their residence in the Grand Duchy are eligible to vote at elections talking place in the course of the year 1905, even if the possession of the citizenship of Baden, or If their residence, has not continued for the duration designated in sec. 34." CONSTITUTION OF BADEN. 41 Srx\ 37.^ All deputies of the Second Chamber shall be newly elected in periods of four years (Diet periods). The periodic election shall take place simultaneously for all dep- uties, on a day to be appointed b^^ the Grand Duke. A j:)erson ceases to be a Deputy after four years have elapsed since the day of the periodic new election. Sec. 38.^ Besides these, other provisions regarding the exercise of the riofhts of election of deputies to the two Chambers, especially re- /Dfarding the election districts and the process of election, will be de- creed by special laws. ^EC. 39.^ Membership in the Diet established by election, by ap- pointment, or by nomination as proxy, can be renounced b}^ a written declaration. This is to be delivered before an assembled Diet, to the president of the Chamber in question, otherwise to the president of the Ministry of State. Eetraction of such legally declared renun- ciation shall not take place. If the connection of an elected or appointed member of the Diet is severed by death, by renunciation, or by the cessation of one of the prerequisites decisive for eligibility, the membership of his proxy in the Diet ceases at the time when the original deputy would have lost his membership, if the particular facts mentioned above have not occurred. Sec. 40.^ Members of the Diet whose term of service has expired are eligible for reelection if at the time of election the legal pre- requisites of eligibility exist. Sec. 40r/.2 If fi member of a Chamber appointed by election ac- cepts a salaried government office, or enters an office of government service with which there is connected a higher rank or a higher salary, he loses his seat and voice in the Chamber and can regain his position only by a new election. Sec. 41. Each Chamber decides upon the disputed elections of its own members. Sec. 42. The Grand Duke convokes, prorogues, and can dissolve the Chambers. , Sec. 43.^ As a consequence of the dissolution of the Diet, all the members elected or appointed to it lose their membership for the given Diet period. Sec. 44. Should the dissolution take place while a question is un- der discussion, a new election must follow within a period of three months at the latest. Sec. 45.- The Grand Duke appoints the president of the First Chamber for each Diet ; the Second Chamber chooses its own presi- dent. 'Law of August 24, 1904, 2 Law of December PA, 1869. •i2 CONSTITUTIONS OF THE GERMAN STATES. Sec. 46. The Diet must meet every two years. Sec. 47. The members of neither of the Chambers can vote by proxy. Sec. 48. The members are summoned to vote on the subjects per- taining to their deliberations according to their own conviction. They may receive no instructions from their constituents. Sec. 48«.^ No member of either Chamber can be taken to account for his voting or for his utterances at discussions in the Chamber^ delegations, or commissions, except in accord with the rules of the Chamber. Accurate reports of the transactions in the public meetings of both Chambers shall be free from all responsibility. Sec. 49. During the sitting of the Diet no member can be ar- rested without the express permission of the Chamber to which he belongs, except in the act of committing a criminal offense. Sec. 50. The Diet can entertain only those subjects which are assigned to it by the present Constitution, or are specially brought under its consideration by the Grand Duke. Sec. 51. A committee, of the Diet shall be formed of the president holding office in the last session, of three members of the First Chamber, and six of the Second Chamber. The business of this committee is limited to the cases expressly mentioned in the present act, or to subjects referred to it from the last Diet, with the consent of the Grand Duke. This committee shall be chosen before the close of the Diet and before every prorogation thereof, in both Chambers, by a relative majority of votes. The dissolution of the Diet includes the dissolu- tion of the committee also, even though just appointed. Sec. 52. The Chambers can neither assemble of their own accord nor continue their sittings and deliberate after their dissolutijon or prorogation. IV. THE AUTHORITY OF THE DIET. Sec. 53. No tax can be imposed or levied without the consent of the Chambers. Sec. 54. The law imposing taxes will be regularly j^assed for two years. Such duties, however, as are directly connected with con- tracts concluded for a longer period can undergo no alteration before the expiration of such contracts. Sec. 55. Together with the bill of the revenue law, there will be submitted the State budget and a detailed survey of the application of the sums granted for the previous years. No items shall be in- cluded therein for secret expenditures without a written assurance from the Grand Duke, countersigned by a member of the Ministry of > Law of October 21. 1867. CONSTITUTION OF BADEN. 48 State, that the sums have been or shall be applied for the real inter- ests of the State. Sec. 56. The Chambers can not grant taxes conditionally. Sec. 57. No loan can be legal without the concurrence of the Cham- bers, except, however, those loans by which certain fixed receipts to meet an approved expenditure, and those revenues of the sinking fund are anticipated, to which, according to its fundamental laws, it is entitled. In cases of extraordinary, unforeseen, and urgent State need lor funds, the amount of which may not be equivalent to the expense of an extraordinary session of the Chambers, and for which the vote of credit by the Chambers would not be sufficient, the consent of the majority of the committee will suffice to render the loan legal. The necessary proceedings must be referred to the next Diet. Sec. 58. No domains can be alienated without the consent of the Chambers. Such alienations, however, are excepted, as have been already concluded, for the liquidation of debts; the redemption of fiefs, hereditary dues; ground rents, and socage service; the sales of unnecessary buildings, and of estates (with revenues derived from them), which are situated in the neighboring States; and fur- ther, such alienations as have been made with a view to State econ- omy, the promotions of agriculture, or the abolition of a prejudicial management peculiar thereto. The balance of the sums received must be applied to new acquisitions, or paid over to the fund for the liquidation of debts, in order to receive intei*est thereon. Exchanges and alienations, effected for the purpose of putting an end to a lawsuit, commenced with reference to property or services, are excepted ; as is also the renewal of fiefs during the reign of the Sovereign to whom they revert. Since the object of the Pragmatic Sanction, of October 1, 1806, and November 18, 1808, with reference to the debts and alienations of the State, has been completely attained by the present and preced- ing articles, the obligation of said Pragmatic Sanction shall cease upon the day when the representative Constitution comes into effect. Sec. 59. The domains, according to the general and acknowledged principles of the rights of States and princes, are indisputably the patrimonial property of the Sovereign and his family, and we, by virtue of our authority over them, as head of the family, do hereby expressly confirm them to be so ;_ nevertheless, we will surrender, for the purpose of reducing the burdens of the State, the returns of the same, with the exception of the civil list engrafted upon them, and the other charges payable therefrom, so long as we are pre- vented by the state of the finances from relieving our subjects ac- cording to our sincerest wishes. 44 CONSTITUTIONS OF THE GERMAN STATES. The civil list can not be increased without the consent of the Cham- bers, nor diminished without the permission of the Grand Duke. Sec. 60.1 jj^g following bills relating to finance shall, in the first instance, be submitted to the Second Chamber : (1) Attestations regarding the fulfilment of State expenses and State income (the attestation of accounts), and statements comprising the budget items with the results of the accountg; (2) Bills making permanent proAisions regarding the admin- istration of the State expenses and State income, or concerning direct or indirect State taxes; (3) The Bill of the Finance Act (Revenue Law, sees. 54 and 55), besides the State estimate (State budget), and other bills regarding the determination of assessments for the budget period; the alienation, charging, or application of State prop- erty or domains ; the issuing of loans, the assumption of security , by the State, or other State obligations of similar nature. Sec. 61.1 After the Second Chamber has decided upon bills desig- nated in section 60, clause 1, a decision shall take place in the First" Chamber. Only after the Second Chamber has accepted bills designated in section 60, clauses 2 and 3. shall the First Chamber decide them, but without prejudice to the right of the latter to decide individual parts of the State budget separately, as soon as the decision of the Second Chamber has been made on these points. If, in respect to individual items of the State estimate (State bud- get), the decisions of the First Chamber differ from those of the Second Chamber, and if, after repeated decisions of both Chambers, and previous attempts at an agreement according to section 75, para- graph 2, a settlement of differences can also not be attained, these items shall be entered in the estimate attached to the Finance Act in such way as the Second Chamber has consented to at the final decision. If the First Chamber should entirely reject a bill of the nature designated in section 60, clause 3, which has been accepted by the Second Chamber, the Government or the Second Chamber may re- quest a united vote of both Chambers to decide whether the bill shall be accepted in the form given it by the Second Chamber. Sec. 62. Old and extraordinary taxes may be continued for six months after the stipulated time, if the Diet be dissolved before a new budget can be presented or if its deliberations be delaj^d. Sec. 63. During preparations for war or while a war is being car- ried on the Grand Duke, for the speedy and effectual fulfilment of his duties toward the German Confederation, and even before he has 1 Law of August 24, 1904. CONSTITUTION OF BADEN. 45 obtained the consent of the Diet, may legally levy State loans or war taxes. In such case the Diet will exercise a greater influence and co- operation in the administration in this manner: 1. The committee, which is to be immediately assembled, may delegate two members to the Ministries of Finance and War and one commissioner to the war treasury, 'in order to see that the money raised for the war is actually and exclusively applied to that object, and that— 2. It will appoint as many members to the war commission, which is to be organized with reference to the war supplies of every description, as the Grand Duke shall propose, exclusive of the directors, for the direction of the marching, provisioning, and distribution of the forces. The committee shall have the further power to delegate, for the same object, to each provincial authority two members chosen from among the deputies of the Diet who may reside in the district. Sfx. 64. No law which remedies any defect in the Constitution or which explains or amends it can be passed without the consent of a majority of two- thirds of the members present in each of the two Chambers. Seg. 65. For all other proposed general laws affecting the freedom of persons or the property of subjects of the State or for the altera- . tion or authentic interpretation of existing laws the consent of an absolute majority in each of the two Chambers is requisite. Sec. 65(9!.^ The right to propose laws belongs to the Grand Duke, as well as to each of the Chambers. Sec. 66. The Grand Duke ratifies and promulgates the laws and issues, by virtue of his right of supreme superintendence and man- agement, the directions, regulations, and ordinances necessary for the fulfilment and observance of them, as well as all those required generally for the safety of the State. He issues those ordinances also which, although they should by their nature be considered by the Diet, are urgently required for the good of the State, and the tempo- rary object of which would be frustrated by delay. Sec. 67.2 ^j^^ Chambers have the right to make protests and com- plaints. Ordinances containing regulations, which the Chambers consider as offending their right of consent shall, upon their adducing well-founded complaints, be immediately rendered ineffectual. On stating grounds to the Grand Duke they can solicit the proposal of a law. They have a right to point out to the Government abuses in the administration which come within their knowledge. Complaints of individual citizens concerning the violation of their constitutional privileges can not be received by the Chambers except in writing, and can not then be accepted unless the complainant shall 1 Law of December 21, 1869. ' Law of February 20, 1868. 46 CONSTITUTIONS OF THE GERMAN STATES. prove thiit he has in vain appealed for redress to the proper local jurisdictions and lastly to the Ministry of State. The Second Chamber is alone empowered to deal with complaints containing the accusation of a violation of the Constitution or con- stitutional rights. The First Chamber, however, has the same right of complaint to the Grand Duke for the violation of its constitutional rights. Decisions on such complaints require a majority of votes, as prescribed in section Cua, Both Chambers, either in common or each separately for itself, are entitled to submit other protests to the Grand Duke. A request to present a law can be made by one of the Chambers to the Grand Duke only after it has been previously communicated to the other Chamber, and an opportunity given the latter to express itself on the matter in question. IVa. THE IMPEACHMENT OF MINISTERS. Sec. 67«.^ The Second Chamber has the right to lodge formal com- plaints agamst ministers and members of the superior offices of the State, for viohitions of the Constitution or acknowledged constitu- tional ])rivi]eges knowingly committed through act, neglect, or gross carelessness, or for a severe endangerment of the safety or w^elfare of .the State. Such a decision requires the number of votes prescribed in sec- tions 64 and 73 for changes in the Constitution. The withdrawal of such a decision can take place with a simple majority of votes. The right of accusation, enjoyed by the Second Chamber, is not <'anceled by the removal of the accused from office, whether such re- moval took place before or after the accusation was raised. In case of conviction, the discharge of the accused from Govern- ment service must be pronounced. This consequence of conviction can be annuled only at the sugges- tion or with the consent of the Diet. The Supreme Court of Judicature has no right to decide any claims for damages. Sec. 67&.2 The F'irst Chamber, in connection Avith the president of the Supreme Court and eight other judges, chosen fron\ the associated courts by lot and delegated to the First Chamber, shall exercise the function of the Supreme Court of Judicature in cases of accusation mentioned in the foregoing article. The defendant and plaintiff have the right of challenge. The president of the First Chamber shall preside. The president of the Supreme Court shall be his substitute. The details regarding the formation of and procedure at such a Supreme Court of Judicature will be determined by a general law. ^ Laws of February 20, 1868, and August 24, 1904. 2 Lav of February 20. 1868, CONSTITUTION OF BADEN. 47 Sec. 67c/ If a minister or one of the superior officers of the State is accused of ha^dng committed a State crime or an ordinary crime by the abuse of his office, together with violations mentioned in section ^>7«, or even without such, the Second Chamber has the authority to 2Jropose that the Supreme Court of Judicature surrender the accused for trial to the regular proper criminal court. \ The proposal must be decided in the form prescribed in section 67^ and joined with the accusation, if such has been made, but otherwise presented independentl3% to the Supreme Court of Judicature. Sec. 67^.^ The accusation decided upon by the Second Chafnber , the Government shall be administered in the name of the Monarch — whether he be a minor, or be prevented from exercising the supreme authority. All documents of every description shall be issued in liis name ). ExtraardiTiary powers. — If extraordinary events ren- der the timely convening of the Diet impossible, or if there is danger in delay, and the ordinary appropriations and funds are insufficient to accomplish the purposes of the Government and to preserve the national welfare, it shall be possible, with the consent of the Commit- tee of the Estates — (1) To increase the taxes and levy new taxes, though not longer than six months, and (2) To conclude Government loans up to the amount of 100,000 thalers. However, all measures taken by the Government in consequence of such an agreement and the reasons for such measures shall be laid before the Assembled Estates as soon as possible by the Government. 118 CONSTITUTIONS OF THE GERMAN STATES. Taxes authorized in this manner shall cease to be in force the moment the Assembled Estates refuse to grant them their sanction. Government loans of this kind are valid, but, nevertheless, if one has been authorized up to the amount indicated above, a new loan can not be made until the Estates are convoked. The question as to whether the convening of the Estates is impos- sible or whether there is danger in delay shall be decided by the Government, but under the responsibility of all the voting members of the Ministry of State, by all of whom the orders to be issued are therefore to be countersigned. CHAPTER 7. ADMINISTRATION OF JUSTICE. Sec. 191 (1). Jurisdiction. — All jurisdiction emanates from the Reigning Prince. Patrimonial jurisdiction is abolished. Sec. 192. (2) Separation of judicial from adinrbmistrative func- tions. — The administration of civil and criminal justice shall, with the exception of the matters assigned by law to particular judges, and of acts of voluntary jurisdiction, be exercised, as hitherto, separately from the national administration and by collegiall}^ formed courts, according to the successive stages of appeal established b}^ law. Every judicial decision must be accompanied by a statement of th0 grounds on which it is based. Sec. 193. (3) Independence of the courts. — The courts are subject to the supreme supervision of the Reigning Prince in their official conduct, but are independent in tlieir adjudication of lawsuits within the limits of their jurisdiction. They therefore decide at all stages of procedure with full freedom of opinion, and if necessary are pro- tected in the exercise of their functions by the assistance of the civil and military authorities. The penal sentences of the courts do not* require any confirmation by the Reigning Prince, nevertheless the application of the severe and'painful penalties designated by the law shall take place only after sanction by the Prince. Sec. 194. (4) Cooperation of the police authorities. — The police authorities, independent within their sphere of activity, at the same time lend assistance to the judicial authorities in securing the rights of the inhabitants of the country and in carrying out judgments of the courts. In case of crimes they also pursue the perpetrators and cooperate in ascertaining the facts. They never pass judgment on the deed. Sec. 195. (5) Administrative acts.—T\iQ measures taken by non- judicial authorities — that is, by administrative authorities and officials within the sphere of action assigned to them and separated from the administration of justice — do not come within the competency of the courts and must not be hampered by the courts in their execution. CONSTITUTION^ OF BRUNSWICK. 119 Sec. 196. (6) Conflicts of jurisdiction. — The decision as to Avhether a case is subject to the jurisdiction of the courts belongs primarily to the judge. If a court declares that it has jurisdiction, while an administrative authority questions its jurisdiction, such adminis- trative authority may stay further judicial proceedings by entering a protest before the court, in which its grounds are set forth. Further details in connection with the proceedings in such cases shall be embodied in a law. Sec. 197. (7) Suits for damages against the Government. — The question as to what damages are due from the Government to persons whose vested rights have been injured through acts of the govern- mental and administrative authorities falls solely to the decision of the courts Avithout the admissibility of any conflict of jurisdiction. The constitutional enactment of provisions of law shall ndt give title to any ether indemnity than that provided in the law. Sec. 198. (8) Legal affairs of the fihc. — The fisc, as representing all rights and obligati(!ns concerning the property and revenues of the State, is subject to the ordinary courts in matters of litigation. The execution of the judgment of the court shall be decreed against the authority and treasury designated in the judgment. Sec. 199 (9) Restriction of the privileges of the fisc. — The privi- leges hitherto belonging to the fisc wdth respect to judicial prosecu- tion of its claims as against private individuals are hereby abolished. Ji. right of preference or tacit lien is enjoyed by the fisc only in regard to public taxes. Sec. 200. (10) Equality before the law. — All citizens of the country are alike before the law. A privileged status before the courts is and remains abolished. Sec. 201. (11) Legal protection. — No one shall be deprived of his lawful judge, whether in civil or criminal cases, or be otherwise hin- dered in instituting and prosecuting legal proceedings before the courts. The high judicial authorities may, however, charge particu- lar members of the court, or another subordinate court, with pro- ceedings and investigations preliminary to the rendition of judg- ment; furthermore, in extraordinary and urgent cases, if the number of ordinary members of the competent court is not sufficient, it may be replenished with members from other courts. Sec. 202. (12) L.egal prosecution. — Every arrested person must be given a hearing within 24 hours after his arrest, be notified of the legal cause of the arrest, and, in case this cause continues to exist, be turned over to his competent judge without delay. The latter shall grant a petition on the part of the arrestee for release on bail, unless strong indications exist of a grave penal offense on his part. 120 CONSTITUTIONS OF THE GERMAN STATES. Sec. 203. (13) Rights of accused persons. — No accused person shall be denied the right of complaint during investigation or the right of defense or the right to have his demand for a judgment granted. Sec. 204. (14) Protection against prolongation of arrest. — Tho judicial and police authorities of the country, to Avhom the constitu- tional protection of civil freedom is intrusted, are responsible, in investigations being conducted against accused persons under arrest, that their retention in custody should not last any longer than the investigation of the crimes and the application of the penalty re- quire. Especially is the duty imposed upon the higher courts to watch strictly over the observance of this rule and to punish viola- tions thereof. Sec* 205 (15). Crimes committed ahroad. — Citizens of the country who have committed punishable acts abroad shall not be brought to trial and punishment in this territory unless such acts are punish- able under common German criminal law. The courts of this country shall not be permitted to proceed against foreigners who have committed crimes abroad, unless a crime has l)een committed against this Government or against citizens of this country, or in consequence of an authorization received from this Government. Sec. 206 (16). Extradition of criminals. — The extradition of citi- zens of the country to foreign governments shall not take place.. Foreigners shall not be extradited to foreign governments without the consent of the home Government. Such extradition shall not be refused if it is requested by the Gov- ernment of one of the States of the German Confederation, if a w^ar- rant has been issued b}^ the proper authority for the arrest of the person to be extradited, and if the latter is either a citizen or subject of the requisitioning nation, or is accused of a crime punishable under common German criminal law and committed in the territory of the said nation; finally if the requisitioning Government follows similar principles toAvard this country. However, all these provisions are applicable only Avithout preju- dice to the execution of treaties already existing in regard to the extradition of criminals or to be concluded in future, with the consent of the Estates as far as they affect the citizens of this country. Sec. 207. (IT) Confiscation. — Confiscation shall be applied only to the objects or instruments of a crime. A general confiscation of property shall never take place. The provisions of law regarding the seizure of the property of deserters and of absentees liable to military duty are not rei>ealed hereby. Sec. 208. (18) Right of pardon. — The Reigning Prince may par- don in criminal matters, or mitigate or remit the penalty, but in no CONSTITTTTION OF BRUNSWICK. 121 case shall he increase its severity, nor shall he be permitted to annul the result of an -investigation until the higher court of appeals has rendered its opinion on the subject. Sec. 209. (19) Moratoriums. — Moratoriums are never granted by the Government of the country, but the courts may decree them in the cases determined by law. Sec. 210. (20) Legal assistance in civil disputes.— In civil disputes the courts of foreign nations shall be afforded all legal assistance per- mitted by law, provided such assistance is not refused by those na- tions to the courts of this country. Especially shall valid judgments of foreign courts, if the jurisdiction of the latter in the case in ques- tion is beyond doubt, be carried out by the home courts on the condi- tion mentioned above. CHAPTER S. THE CHIUSTIAX CHURCHES, PUBLIC EDUCATIONAL INSTITU- TIONS AND CHARITABLE ENDOWMENTS, AND MONASTERIAL AND EDUCA- TIONAL FUNDS. Sec. 211. (1) Equality before the law of the recognized Chnstictn deiiominations. — All Christian churches recognized in the Duchy or authorized by law are insured the right of free public religious wor- ship, they enjoying equal protection by the Government and their followers equal civil rights. Sec. 212. (2) GovernTnental supervision. — All churches are under the supreme supervision of the Government, based on the eminent authority of the State. The arrangement of purely spiritual matters is left, under this supervision, to the ecclesiastical authorities on the basis of the constitution of each church. In case of doubt the Govern- ment decides as to whether a matter is purely spiritual. Sec. 213. (3) Ecclesiastical authority in the Evangelical-Lutheran Churcli. — In the Evangelical-Lutheran Church the ecclesiastical au- thority belongs to the Reigning Prince, who exercises it in cooperation t(nd deliberation with the Consistory composed of Evangelical clergy- men and laymen. The exercise of the rights belonging to the various Evangelical communes in regard to ecclesiastical affairs is to be intrusted to a board representing the ecclesiastical commune, and in regard to whose composition and duties a law shall provide further details. Sec. 214 (continued). If the Reigning Prince should profess an- other religion than the Evangelical-Lutheran, the consequent re- striction in his personal exercise of the ecclesiastical authority shall be determined without delay with the consent of the Estates. Sec. 215. (4) Ecclesiastical authority in the other Christian churches. — The Government shall see to it that those who have the right to exercise the ecclesiastical authority according to the consti- tutions of the other Christian churches neither abuse nor overstep such right. 122 CONSTITUTIONS OF THE GERMAN STATES. General measures which are taken by virtue of the ecclesiastical authoiity and decrees which are issued by foreign spiritual superiors shall not, whatever may be their nature, be either proclaimed or executed without the previous consent of the Government. Sec. 216. (5) Securing of property of churches^ schools^ and en- dowments. — All endowments, without exception, whether for re- ligious, educational, or charitable purposes, shall be insured the full enjoyment and possession of their property and income. S.uch prop- erty and income is under the special protection of the State, and shall not be added to the Government property. Sec. 217 (continued). The property of churches, schools, and en- dowments shall never be diverted from its original purpose ; if it is to be used for another purpose than that designated in the charter, such other purpose must be a similar one, and the employment can only take place with the consent of the interested private parties and communes, and if it is a question of institutions which concern the whole country, with the consent of the Estates of the realm. Sec. 218. (6) Adininistration of this property .—In regard to the cooperation of the governing officers of ecclesiastical communes in the administration of the property of churches, schools, and charitable endowments a special provision of law shall be enacted. Sec. 219. (7) MonasteHal and educational funds. — {a) Combina- tion of these funds. — The monasterial fund shall be combined with the educational fund coming from the former University of Helm- stedt and for the sake of simplicity of administration and the greatest possible saving of expense be administered by the ducal exchequer, together with the domanial property, an appropriate contribution being made toward the expenses of administration. Sec. 220. (h) Administration. — A special budget shall be arranged in regard to the administration of the combined monasterial and edu- cational fund, being in the form used for the domanial property, and a separate system of treasury operations and accounts shall be adopted. Sec. 221. (c) Employment of the net proceeds. — The net proceeds from this combined fund shall, in accordance with its allotment, be employed for churches, educational institutions, and charitable pur- poses. The business of employing it shall be intrusted to the Board of Finance, which must proceed in accordance with the budgets pre- pared and the rules of the Ministry of State, and keep a special account of all surpluses left from the administration of the fund and flowing into the principal treasury. Sec. 222 (continued). The expenses for the museum at Brunswick and the library at Wolfenbiittel, which have hitherto been paid from the monasterial and educational fund, shall continue to be paid from CONSTITUTION OF BRUNSWICK. 123 this fund, and these collections, which are inalienable, shall continue to be devoted to the promotion of science and art. Sec. 223. (d) Cooperation of the Estates: — The budgets relating to the administration of the combined monasterial and educational fund, as well as those relating to the employment of the net proceeds there- from, shall be established in common by the Government and the Estates. Furthermore, for the sake of making suggestions, the Es- tates shall have the right to inspect the accounts relating to the ad- ministration and employment of the combined fund after the expira- tion of the fiscal year. Sec. 224. (e) Alienations. — The property and rights of the com- bined fund may not be alienated in whole or in separate parts Avith- out the approval of the Estates, and in this case the same provisions and modifications shall apply as are prescribed in sections 164 and 1 65 with respect to the domanial property. Sec. 225. (/) Reservation of right. — The right is reserved to both the Government and the Estates to cause the monasterial and educa- tional fund to be administered by a special authority if such should be deemed appropriate. Sec. 226. (8) Church and school employees — (a) Their appoint' rrvent and conftrnhation. — The church and school employees of all Christian churches in the country, unless they are appointed directly by the Government, shall, before assuming their official duties or drawing their official salaries, require confirmation by the Reigning Prince ; all shall be sworn to an observance of the laws and the Con- stitution before assuming office. Advowsons and rights of suffrage, as well as the legal powers of the ecclesiastical communes with respect to the refusal, for serious reasons, to accept a pastor assigned to them, are reserved. Sec. 227. (h) Their protection. — Church and school employees who have been constitutionally appointed or confirmed are granted the necessary legal protection by the Government for the fulfilment of their vocational duties. Sec. 228. {c) Their oficial superiors. — In everything that concerns the office and its administration, the church and school employees are primarily subordinate to their official superiors according to the Constitution ; in all that relates to their civil relations and acts, in- cluding criminal proceedings which are not based on merely discipli- nary offenses, the church and school employees are subordinate to the secular authorities. A special judicial status for the legal affairs of churches, schools, and endowments and their employees does not exist, but the ordi- nary courts have to pass on such matters, and also on marriage ques- tions, as hitherto. 124 CONSTITUTIONS OF THE GERMAN STATES. Sec. 229.^ {d) Their suspension^ dismissal^ and deprivation. Sfx. 230. (9) Solicitude for public instruction. — The maintenance, improvement, and perfection of the public educational institutions shall remain an object of solicitude of the Government and shall be promoted at all times by all the means at its command. FINAL PROVISIONS. Sec. 231. If the Government and the Estates should be of different opinion regarding the interpretation of particular provisions of the Constitujtion of the land, the Ducal Ministry of State shall first of all convene with a deputation of the Estates in order to seek an agreement. If this attempt should also be fruitless, both the Government and the Estates shall be at liberty to have the difference settled by law. The decision in this case shall be rendered in first and last instance by a compromise court, which shall be composed in the same way as the joint court which is formed when a motion is made for pun- ishment for a violation of the Constitution.^ Sec. 232. All decrees, prorogations of Diet, " reversals " (promises to uphold the Constitution), and other agreements concluded with the Estates are hereby repealed in so far as they are contrary to this Constitution. It is our will as Reigning Prince that this Constitution, which we wish to observe, uphold, and protect, shall be most strictly obeyed in all its parts by everybody concerned and everywhere. In witness whereof we have hereunto set our own signature and affixed the Ducal State Chancelry Seal. Given at Brunswick, October 12, 1832. WIIMEIM, Duke. [L.S.] Count V. Veltheim. v. Schleintz. Schulz. 2. LAW PROVISIONALLY REGULATING THE AFFAIRS OF THE GOVERNMENT IN CASE OF A VACANCY OF THE THRONE.^ BRUNSWICK, FEBRUARY 16, 1879. We, Wilhelm, by the grace of God, Duke of Brunswick and Liine- burg, etc., hereby enact tlie following law as a supplement to the Constitution, with the consent of the National Assembly: Section 1. In order to insure the constitutional administration of thfi Duchy against disturbances in case of future vacancies of the throne when the duly entitled successor to the throne is prevented in 1 Section 229 is superseded by law of December 22, 1870, as cited under sec. 157. «Cf. law of March 19, 1850. 8 Supplemented by law of February 12, 1886, on the changed wording of the oaths pre scribed in sections 26 and 132, New Constitution. CONSTITUTION OF BRUNSWICK. 125 any way from .immediately assmiiing the reins of (xovernment, the Constitution of October 12, 1832, is supplemented by the following provisions : Sec. 2. In the case of hindrance designated in section 1, unless an authorized regent takes possession of the governmental administra- tion immediately after the vacancy in the throne in accordance with the provisions contained in section 20 of the Constitution, a provi- sional Government of the country shall be instituted under a " Re- gency Council," to consist of the voting members of the Ducal Min- istry of State, the president of the National Assembly, and the pre- siding judge of the Supreme Court (in future to be called the Su- preme Court of the land). The president of the National Assembly to serve in this connection shall be the president of the last Diet preceding the throne vacancy up to a new election to the Diet, but if the Diet should be in session at the time the vacancy in the throne occurs, then the president of the National Assembly in session. In case of hindrances of long dura- tion the places of the said presidents shall be taken by their repre- sentatives, the vice-presidents, who shfvll be designated to serve by resolution of the Regency Council. Sec. 3. If the case contemplated in sections 1 and 2 is present, in the opinion of the Ducril Ministry of State, said Ministry shall convoke the members of the Regency Council in order that they may constitute themselves as such. The Council shall be considered to be constituted when the ma- jority of all the members declare to that effect. The Regency Council shall make publicly known the fact of its being constituted by publishing a notice in the collection of laws and decrees and in the Brunswick official decrees, and it shall immediately convoke the National Assembly for the purpose of constitutional co- operation in regard to any further steps necessitated by the prevail- ing conditions. The fight of self -convocation on the part of the National Assembly, according to section 113, no. 1, of the Constitution, remains reserved. Sec. 4. The Regency Council conducts the Government with all rights and duties of a Government guardianship or provisional ad- ministration, but nevertheless — (1) It exercises the right of constitutional legislation with the re- striction that amendments to the Constitution shall not take place during the continuance of the provisional Government, and, further- more, (2) It shall not confer orders and titles not connected by custom with an office bestow^ed. The Regency Council shall — (3) Address the necessary request to His Majesty the Emperor in order that the relation of Brunswick to the Empire, especially the 126 CONSTITUTIONS OF THE GERMAN STATES. right of voting in the Federal Council for the duration of the pro- visional Government conducted by the Regency Council, may be regu- lated ill a manner conforming to the Constitution. The Council shall in particular — (4) Request His Majesty the Emperor and -Federal commander in chief to take such measures as he may deem necessary regarding the exercise of the rights of military sovereignty still belonging to the Reigning Prince during the continuance of the provisional regime. (5) If, in consequence of the retirement of a voting member of the Ducal Ministry of State, it should become necessary to appoint such a member of the Ministry of State, the appointment shall be made by the Regency Council for the length of the provisional Gov- ernment, the questions relating to salary and possible pension of the appointees being regulated at the same time. (6) The sum of money, etc., to be deducted from the net income from the domanial estate for the needs of the Reigning Prince under the Constitution and treaty shall continue to be paid, the Regency' Council determining its employment with all possible regard for ex- isting conditions, subject to the rules to be adopted in conjunction with the Assembly in regard to any surpluses. The constitutional and legal privileges of the Ducal Ministry of State, as the supreme administrative authority of the land, as well as the privileges of the individual ministerial departments (cf. sec. 158 of the New Constitution), shall remain unchanged. The presence of three members shall be sufficient in order that a resolution may be adopted in the Regency Council, provided they iu:^- elude two members of the Ducal Ministry of State and one of the t^to other members. The handling of business in the Regency Council is collegial under the chairmanship of the president of the Ducal Ministry of State, the council being obliged to prepare its own rules of procedure. The resolutions and decrees of the Regency Council shall not be en- forceable until countersigned by a voting member of the Ducal Min- istry of State. Cf. sections 155 and 156 of the New Constitution. In the case of resolutions which are to be adopted in the exercise of the Evangelical church authority, the members of the Regency Council who do not belong to the Evangelical-Lutheran Church should refrain from participating. Sec. 5. The provisional Government shall cease ^s .soon as the suc- cessor to the throne, now no longer hindered from exercising the functions of government, assumes these functions, gives his '* reversal,'' and commands allegiance, or, in case of prolonged hindrance of the succ3ssor to the throne, as soon as a person entitled to do so assumes the regency and proclaims such assumption for the period of the still CONSTITUTION OF BRUNSWICK. 127 coiitiniiing hindrance of the successor to the throne by means of a patent accompanied by " reversals." Sec. 6. If within a year from the occurrence of a vacancy in the throne the Government has not been assumed by the successor to the throne or a provisional administration has not been established by an authorized regent, the Assembly shall choose a regent on the recom- mendation of the Eegency Council from among the adult non-reign- ing princes of the Sovereign Princely Houses belonging to the Ger- man Empire, which regent shall then continue to conduct the govern- mental administration until the Government is taken over by the successor to the throne. If it is necessary to repeat the election, it shall take place in the same manner. All those concerned shall govern themselves accordingly. In witness whereof we have hereunto set our own signature and the Ducal Secret Chancelry Seal. Brunswick, February 16, 1879. WILHELM, Z>w;te. [L.S.] W. ScHULz. Trieps. Count Gortz-Wrisberg. HAMBURG. CONSTITUTION OF OCTOBER 13, 1879/ Section 1. — General Enactments. Article 1, The city of Hamburg and the territory connected there- with form, under the denomination of " the Free and Hanseatic City of Hamburg," an independent separate State of the German Empire. 2. Any alienation of territory is equivalent to an alteration of the Constitution, apart from simple boundary regulations, Avhich may be effected by way of legislation. 3. Every one who has a legal settlement in the State of Hamburg in accordance with the Imperial laws belongs thereto. 4. Citizens of Hamburg are those residents who have taken the oath of fidelity to the Constitution and have not lost their rights. The laws shall determine the conditions of acquisition and loss of citizenship and the nature of the oath. 5. The exercise of citizens' rights shall neither be conditioned nor limited by religious convictions. Religious convictions shall not hinder a citizen in his duties to the State. Complete freedom of belief and of conscience is permitted. 6. The highest State authority belongs to the Senate and the Cor- poration {Burgerschaft) in common. The legislative power is exercised by the Senate and the Corpora- tion, the executive b}^ the Senate, and the judicial by the courts of justice. Section 2. — The Senate. 7. The Senate consists of 18 members, that is to say, of 9 who have studied the sciences^ of law or finance, and of 9 other members, of whom at least 7 must belong to the mercantile profession. 8. Every citizen who is eligible for the Corporation is also eligible as a member of the Senate, with due reference, however, to article 7. Every one is excluded from election who is related to a member of the Senate in the ascending or descending line, or as brother, uncle, or nephew, or by marriage, as step-father, step-son, father-in- . law, son-in-law, wife's brother, or sister's husband. Irucases of relationship by marriage, it makes no difference whether .the marriage through which it arose still exists or not. 1 Based on the version found in 51 British an^ Foreign State Papers, pp. 1164-1184. Revised and brought up to date by a comparison with Stoerk-Rauchhaupt, pp. 170-187. 128 CONSTITUTION OF HAMBURG. 129 9. The members of the Senate are elected by the Corporation from a selection of tAVo persons. To effect this selection the Senate and the Corporation choose respectively 4 of their members by relative majority of votes as trusty men, who are then sworn to secrecy. The 8 trustees have to make a selection of 4 persons in the follow- ing manner : Each trustee specifies the persons who appear to him suitable, and from those so proposed a larger selection is then to be made after careful discussion concerning them. From this larger selection 4 persons are to be chosen for the smaller one by secret voting. The Corporation trustees can not be included in the selection. At least 5 votes are required to include any one in the selection. If these can not be obtained for 4 candidates after repeated voting, then notice is to be given to the Senate and the Corporation that the trustees have not succeeded in making the selection, without stating whether any candidates at all, or how many, have been already chosen for the selection. Eight new trustees are then to be elected as before, 4 by the Senate, and 4 by the Corporation, and they are to be sworn. This new commission receives a statement signed by all the mem- bers of the first commission, and then sealed up, to be opened by the new one, containing the names of the persons already chosen for the selection; or a communication that no one has obtained the requisite number of votes. The new commission proceeds in the same manner as the first, either to complete the selection or to make it altogether, as the case may be. Should this second commission also fail to arrive at a satisfactory result, then the two commissions, that is 8 trustees of the Senate, ^nd 8 of the Corporation, unite. These have then to elect the can- didates still required. Only one candidate is to be elected at each vote. For this purpose each trustee writes the name of a candidate on a slip of paper. In this the relative majority of the voters is suffi- cient to include a candidate in the selection. The voting is repeated as often as necessary. When a chosen selection of 4 persons has been made in this manner, it is delivered to the Senate by its Commissioners, without letting it know how the candidates severally have been included in the selec- tion. Of the four proposed, the Senate presents two to the Corpora- tion, which has to choose one out of those two. If at the election of the second commission of the Corporation trustees, a trustee is elected who is already included in the selec- tion, this does not prevent his taking part in the further forma- tion of the chosen selection. In such a case notice of the circum- 92975—19 9 130 CONSTITUTIONS OF THE GERMAN STATES. stance is to be given to the Senate at the deliA^ery of the chosen se- lection, and if the trustee should be one of the selection which the Senate delivers to the Corporation, notice of the fact is also to be given to the latter. The observance of secrecy extends so far that neither the trus- tees on either side nor the members of the Senate may in any way make it known who were the four persons included in the selec- tion; so that is it only the two persons in the smaller selection who are known. The election, which is to be made by the Corporation immediately after the delivery of the chosen selection, is by means of ballot. In this election the presence of more than 80 members must be deter- mined before the opening of the selection, if necessary, by count- ing. Thereupon the election is considered complete, irrespective of the number of valid votes cast; the majority is computed on the basis of the number of valid votes cast. It is, therefore, of no im- portance whether members cast a valid vote or not. In the case of a tie, a second vote takes place, and if the result is the same the issue is decided by lot. The whole election proceedings take place in one uninterrupted sitting both of the Senate and the Corporation. The person elected as member of the Senate must undertake the office, on pain of losing his civic rights in the State and the right of carrying on any civic business in the city or territory. 10. The senators fill their offices for life, with the following re- strictions : After holding the office for at least 6 years, every member of the Senate has a right to seek to be relieved from the duty, but with- out having any claim to a pension. If the retiring member has completed the GOth year of his age, and has filled the office for at least 10 years, then he is to enjoy a pension to the amount of half his honorarium. Every member of the Senate who has passed the 70th year of his age is entitled to retire from the Senate with a pension amount- ing to two-thirds of his honorarium. 11. The law determines the cases in which a member of the Senate must retire. 12. A vacancy in the Senate is to be regularly filled within 14 days. 13. No other public office can be united with that of a member of the Senate. Members of the Senate may continue in another avocation, excepting that of an advocate or a notary, provided that the same does not interfere with the discharge of their official duties. If members of the Senate should be elected as members of the governing board, board of trustees, or board of supervisors of an CONSTITUTION OF, HAMBURG. 131 industrial enterprise or of some similar undertaking, the object of which is financial gain, they shall be permitted to accept such a position only with the consent of the Senate. Said consent is also necessary if a newly elected senator wishes to retain such a position. 14. Every member of the Senate must have his regular dwelling in the city, or its immediate environs in Hamburg territory, or must take it up immediately after his election. 15. Every member of the Senate before he enters upon his office, has to bind himself by oath to the faithful performance of his duties, in a joint assembly of the Senate and Corporation. The form of the oath shall be determined by law. 16. The members of the Senate receive an honorarium to be deter- mined by law. 17. The Senate elects, by secret vote from amongst its members a first and a second burgomaster as presidents for the period of a year. No burgomaster shall act for longer than two years in succession. 18. The Senate directs the elections to the Corporation and orders the convocation thereof through its Chancery, after its entire or partial renewal, as well as in accordance with article 50, clause 1. The Senate also has the right of summoning the Civic Committee. 1 9. The Senate, as the possessor of the executive power, is the su- preme administrative authority; it exercises the supervision over every branch of the administration. To it also belongs the supervi- sion in chief of all the judicial authorities. 20. The Senate has to maintain legal order, and to preserve the security of the State, both within and without. 21. With regard to the Hamburg contingents to the Imperial Army, the rights accruing to the heads of the contingents, according to the Constitution and Laws of the German Empire, shall be exer- cised by the Senate, unless otherwise determined by special con- ventions. 22. The Senate represents the State in its relations with the other parts of Germany and with foreign countries. It conducts the foreign affairs, carries on the negotiations in ref- erence thereto, appoints the plenipotentiaries to other States and to the German Confederation. It concludes commercial treaties and other State treaties, but has to obtain the assent of the Corporation before the ratification thereof. 23. The supervision in chief belonging to the State over civic and religious communities is exercised by the Senate. 24. The Senate has the right of mitigating or remitting a sentence by an act of grace. An exception occurs in the cases of article 53, in which the Senate can only exercise the right of pardon or mitigation on the applica- tion or with the assent of the Corporation. 132 CONSTITUTIONS CF THE GERMAN STATES. 25. The Legislature will determine what superior officials are to be appointed or confirmed by the Senate, or to be elected by it from a chosen selection to be submitted to it by the deputation concerned. Where the Constitution or the Legislature gives no directions thereon, the appointment belongs to the Senate. 26. The oaths to the State and the obligations in lieu thereof are to be taken before the Senate, in so far as neither the Constitution nor the laws direct otherwise thereon. 27. The members of the Senate are answerable to the State, that neither the Constitution nor the laws of acknowledged validity be violated by their official proceedings. A law will determine with regard to the extent and the enforce- ment of this liability, and the participation of the Corporation in such enforcement, as well as in regard to the competent courts in such cases. Claims by private persons on administrative authorities and offi- cial servants are provided for by article 89. Section 3. — The Gorforation {Biigerschaft). 28. The Corporation consists of 160 members. 29.^ Of these 80 members are elected by direct general suffrage and secret vote. In this election all citizens in town and country are called upon to take part. For the election definite election districts may be formed or the electors may be divided into groups, according to the amount of taxes which they pay. Details and the mode of election are determined by the election law. 30.^ The other 80 members consist: 1. Of 40 landed proprietors as such, who are elected by secret vote by and from the proprietors of landed estates in the city. All further provisions on this matter are made by law. 2. Of 40 deputies who are elected by secret direct ballot by citizens who are or have been members of the Senate or of the Corporation, judges, commercial judges, members of the board of guardianship, civilian members of the administrative boards, of the Chambers of Commerce, Industry, and Retail Trade. All further provisions on this matter are made by law. 31.^ The following are excluded from the exercise of the suffrage : 1. Those who have not yet completed their twenty-fifth year; 2. Those who pay no income tax or were in arrears therewith at the time of the election, in case they have not proved before the close of the election lists that they have paid their out- standing taxes ; 1 Revised by law of February 12, 1906. 2 Clause 2 was revised by laws of June 22, 1894, and March 5, 1906. 8 Clause 2 was modified by law of November 2, 1896. CONSTITUTION OF HAMBURG. 133 3. Those who have been deprived of the rights of majority ; 4. Those against whom bankruptcy proceedings have been begun ; 5. Those who have been deprived of their honorable rights by decision of court during the period in question ; 6. Those who are under arrest because of a crime committed or pending examination. 32. Those only are eligible to the Corporation who are entitled to the suffrage, are full 30 years of age, and have possessed civic rights in town or country for at least 3 years. 33. No member of the Corporation can undertake valid engage- ments with his constituents in regard to his conduct therein ; nor can any binding instructions be given to a member of the Corporation by his constituents. 34. Every one elected to the Corporation is bound to accept the post, on pain of losing his civic rights in the State, and the right of carrying on any civic trade in the city or territory for the period of the next 10 years. Exception from this inability, as well as the re- tirement of an actual member of the Corporation can without preju- dice to the provisions contained in articles 35 and 36, only be ob- tained by resolution of the Corporation. A person who has been a member of the Corporation for six years may decline reelection for the next election period. 35. Members of the Senate can not be elected to the Corporation. Former members of the Sienate are eligible, but may decline the elec- tion. 36.^ Spiritual and paid public officials are permitted to decline elec- tion to the Corporation. 37. The Corporation decides upon the validity of the elections. 38. The members of the Corporation are elected for 6 years. Every three years half of those elected by each of the electoral bodies retire. 39. The members retiring from the Corporation in accordance with article 38 can be reelected. 40. The Senate will order the new elections 6 weeks before the partial renewal of the Corporation (article 38), in time enough to permit the elections to take place before the period of renewal. 41. On the partial renewal of the Corporation, as enacted in article 38, the Senate is bound to convene the Corporation within 8 days from the commencement of the period of renewal and comple- tion of the. new elections. On the day that the partially renewed Corporation assembles the functions of the previous Corporation cease. 42. A member of the Corporation who loses his eligibility retires from the Corporation. 1 Modified by law of February 12, 1906. 134 CONSTIXyTIONS OF THE GERMAN STATES. 43.^ A new member who enters the Corporation as the result of the departure of an old member holds his seat only for the remainder of the term for which the original member had been elected. The election of a substitute member, necessitated by the departure of an old member, is announced by the Senate. This election may be post- poned for some time, especially in the last six months before the period of the partial renewal of the Corporation, according to the Constitution (article 38), if the Senate and the Corporation are agreed thereon. 44. The members of the Corporation serve gratuitously. 45. The Corporation may pass resohitions when more than 80 members are present. A vote and an election are valid, irrespective of the number of votes cast, if during said election a quorum is present. The order of business determines the quorum necessary for the opening of a session, and for the determination of the order of the day, as well as for deciding other questions concerning business. Motions of the Senate, which are designated as being of the first importance, must be discussed before all other questions, and in such a case the Corporation may be adjourned only until the next business day, if the said motion has not yet been voted upon. 46. The sittings of the Corporation are public. By way of excep- tion, the Corporation assembles in secret session at the request of at least 10 members, or of the Senate, and then after hearing the motion for which the secret sitting has been requested, it decides whether the sitting for the proceeding on the matter in question shall continue a secret one. A motion of the Senate for a secret sitting must, when it relates to foreign affairs, or matters concerning the Empire, be at once acceded to by the Corporation. The sittings are also secret, by way of exception, when the Civic Committee accedes to the Senate's motion for a secret sitting. Deputations are not admitted either to the meetings of the Corporation or to the sessions of the Committees. Communications to the meeting must be submitted or sent in writ- ing and, unless they issue from official sources, this must be done by a member of the meeting, who by this act indicates that he is in sym- pathy with the contents of the communication. 47.2 'pj^g business regulations determine the manner of voting in the Corporation ; *but the voting must be secret in case at least 40 members require it. 48. No member of the Corporation can be made accountable to the State for his speeches or votes in the Corporation or its committees. 1 Revised by law of February 12, 1906. 2 Modified by law of April 6, 1906. CONSTITUTION OF HAMBUKG. 135 The Corporation has to proceed against its members by way of discipline and in accordance with the business regulations, for non- fulfilment of duties or breaches of order. 49. A copy of the report of the Corporation's proceedings is to be (.'ommunicated to the Senate as soon as possible. 50. The Corporation is convened through its chancery : 1. On the order of the Senate; 2. On the resolution of the Civic Committee ; 3. When more than full 3 months have elapsed since its last sitting, on the requisition of at least 30 members addressed to the president of the Corporation. In the cases 2 and 3 the order of the day is to be communicated to the Senate two working-days before the sitting. 51. The committees chosen by the Corporation may apply directl}^ to the Senate or to the head of the executive body in question for in- formation required in the preparation of legislative work ; they have, moreover, also the right of requiring such information from every State official to the same extent as he is bound to furnish it to the public administrative authorities, in so far as no special official obligations stand in the way, and with the permission of the com- petent Senator. Such permission can be refused only on special grounds. 52.^ The Corporation elects for all the administrative boards such members as are not deputed by another college, from a selection of 3 persons for each vacant place, to be submitted by the administrative college concerned, without prejudice to the freedom of election. In the election to the financial deputation the election order is binding. However, the Civic Committee may add a fourth name to the order by means of a motion passed by a majority of at least two thirds. The Senate members of the executive bodies in question take no part in drawing up the election order. 53. With regard to the constitutional participation of the Cor- poration in enforcing the responsibility of the members of the Senate and of the authorities to the State, that no violation of the Constitu- tion or of the laws of recognized validity take place through their official conduct; as also with regard to the extent of that responsi- bility and the competent courts in such cases, the particulars are to be determined by a law. In votes upon questions of control or responsibility any members of the administrative deputation concerned, sitting in the Corpora- tion and affected by such questions, or any officials sitting therein and affected thereby, take no part. 1 Modified by the Senate proclamation of July 6, 1888, and by law of November 2, 1896. 136 CONSTITUTIONS OF THE GERMAN STATES. Section 4. — The Civic Committee {Bilrger-Awsschuss) . 54. The Corporation elects from its own body the Civic Committee, consisting of 20 members, of whom, however, only 5 may be lawyers. The President of the Corporation is a member of the Civic Com- mittee. The other 19 members are elected by ballot in such a way that each member of the Corporation present indicates a deputy whom he considers suitable for membership in the committee. Those desig- nated in that way by at least one-fourth of the members present are considered to be elected. This procedure is continued until 19 mem- bers have been elected. If more than 19 should be thus designated, the number of votes cast for each name is the deciding factor. In case of a tie, lots are cast. In supplementary elections the same pro- cedure is observed. 55. Those members of the committee who retire from the Corpora- tion also leave the committee and are replaced by a new election, but in case of their being reelected to the Corporation they can also be again elected to the Civic Committee. 56. The members elected to the Civic Committee are, unless ex- cused by the Corporation, bound to accept the election and to dis- charge the duties of the office until their retirement from the Corpora- tion, with the exception of those who are members of a court of justice or of the finance deputation. The non-fulfilment of this obligation has the same consequences as in election to the Corporation (article 34). 57. The Civic Committee is summoned by its presidents or by the Senate. 58. The Civic Committee may pass resolutions as soon as at least 12 members are present. 59. The sittings of the Civic Committee are not public. GO. The Civic Committee is competent : 1. To give its joint sanction, on the proposition of the Senate, to extraordinary expenses not inserted in the budget, to the total amount allowed in the budget for unforeseen expenses; also to such alienations of the State property, not in the regulai way of the administration, as do not exceed the sum of 5,000 marks banco; 2. On the proposition of the Senate, to give its joint sanction in urgent cases to legal dispositions of slight importance, pend- ing the subsequent assent of the Corporation; 3. To require information from the Senate on State affairs; the corresponding obligation of the Senate suffers an exception in pending negotiations on foreign and Imperial affairs; 4. To cause the convocation of the Corporation ; CONSTITUTION OF HAMBURG. 137 5. The Civic Committee is bound to watch over the upholding of the Constitution and of the enactments bearing upon public law. The Civic Committee has to bring any violations thereof, if applications to the Senate have not already satisfactorily dis- posed of them, before the Corporation for consideration and for the eventual adoption of further measures in the manner prescribed for the proceedings of the Legislature. Section 5. — The Legislation. 01. The legislation depends on the concurrent resolution of the Senate and the Corporation. The right of proposal belongs both to the Senate and Corporation. The Senate promulgates the laws, executes them, and issues the necessary ordinances for carrying them out. 62. The following are specially subjects of legislation : The enactment, authentic interpretation, amendment and re- peal of laws upon matters of public and private right; The imposition, prolongation, alteration or repeal of taxes and duties ; The raising of State loans ; The alienation of State property, which does not already lie in the regular course of the administration (without prejudice to the provision of article 60, clause 1) ; The regulation of boundaries; The granting of exclusive privileges; The expropriation of private property ; The approval of the total and the items of the estimates of the whole income and expenditure of the State for the next year, which the Senate has to submit to the Corporation with the particulars ; likewise of any supplementary grants ; The ratification of State treaties ; Granting of amnesty. 63. After the expiration of each financial year the Senate has to submit, as soon as possible, the accounts of the receipts and expendi- ture for the preceding year to the Corporation for examination. 64. 1. The assembling of the Senate and of the Corporation may take place independently of each other. 2. The reciprocal official communications are made in writ- ing; in so far as they are intended for discussion in public assembly of the Corporation, they are, as a rule, printed. 3. The Senate can, when it thinks fit. depute Commissioners appointed from its own body or otherwise to the meetings of the Corporation, who are then entitled to take part in the dis- 138 CONSTITUTIONS OF THE GERMAN STATES. cussions, and to whom at their request the right of speaking is always to be granted. If a Commissioner is given the floor after the close of a discussion, the discussion is opened again. 4. At the request of the Corporation the Senate is bound to send Commissioners to take part in the deliberations on mo- tions originated in the Senate. 65. The Corporation is entitled to demand information from the Senate on matters of State. The corresponding duty of the Sen- ate, however, is canceled in questions concerning Imperial or for- eign affairs. The points on which information is requested must be communicated to the Senate in advance and in writing, and the Senate is then at liberty to communicate the information in writ- ing or orally through Commissioners. If the Corporation describes its query as of pressing importance, the Senate must submit its answer by the next session of the Corporation or give reasons why it is impossible to answer at all or for the present. 66. In the preparation of the motions to be brought before the Corporation the Senate will, as far as possible, consult the respective administrative deputations. 67. Motions made by one or more members of the Corporation can be rejected if they are described as being out of order. This occurs if a member demands a vote on the point of order before the opening of the discussion and if, after the sponsor has been given opportunity to defend his motion, a majority of at least two- thirds of the members present votes against the motion. Motions of the Senate to the Corporation can not be eliminated in this way, but must be considered. 68. Every proposition which has not thus be^n eliminated is to be submitted twice to discussion and vote, in case that at the first noting at least two-thirds of all the members who take part therein have not declared in favor of the proposal. By a simple majority of those present the time of the second delib- eration and vote is determined; they ma}^ not take place on the same day as the first vote. A motion is accepted if it receives a simple majority in each vote. The Corporation passes a motion, which it has already definitively accepted and which the Senate has accepted with modifications, by a simple majority. A second deliberation is not necessary. 69. If the proposition of the Senate be not adopted at once but only with modifications and conditions, and the Senate resolves to agree thereto, this may be done by a simple communication to the Civic Committee and the concurrent resolution of the Senate and the Cor- poration be thus effected (article 61). The same abridgement of the proceedings may take place when the Senate sanctions without altera- tion an independent proposal of the Corporation. CONSTITUTION OF HAMBUBG. 139 When a proposal of the Senate is rejected by the Corporation or a proposal of the Corporation by the Senate, each party is at liberty to renew the proposal in the same or in an altered form, until one party or the other moves for a mediating deputation (article 70). The same is the case when a proposal is adopted with modifications or conditions to which the other party will not agree. 70. If, in the proceedings on the repeated proposals, there appears a persistent difference of opinion between the Senate and the Corpora- tion, a deputation is appointed of 9 members (unless any other num- ber be agreed on) consisting of one-third members of the Senate and of two-thirds members of the Corporation, and this deputation has to discuss and report on propositions for mediation. 71. If the difference of opinion should not be arranged after the Senate and the Corporation have again discussed the matter on the report to be furnished or the proposition to be made by this deputa- tion, the course to be taken is as follows, according to the nature of the subject : 1. If the difference of opinion relate to the interpretation of the Constitution or of laws, or to a right asserted by the Senate or the Corporation by reason of the Constitution or of a law, or to the question whether a member of the Senate, or of any of the boards is to be brought to legal responsibility for a violation of the Constitution or of a law of acknowledged validity, then the dispute is to be decided by the Imperial Court, and both the Senate and the Corporation are entitled to require that this decision be taken.^ 2. If the difference of opinion relate to another subject on which the joint resolution of the Senate and the Corporation is required, then the matter remains unsettled until they come to reciprocal understanding. But if both parties agree that the decision cannot be put off without essential injury to the com- monweal, whilst it is only as to the method that they can not concur, then the matter is to be settled by the award of the deciding deputation described in the following articles. If the question relate to the prolongation or renewal of a law passed only for a fixed period, and if the appointment of a deciding deputation be resolved upon before the expiration of that period, then the law is to be considered as prolonged until the decision be given. No alteration of the Constitution or of any legal enactments by which rights appertaining to the Senate of the Corporation have been established, can ever be introduced by the award of a deciding deputation* 1 Cf. the Imperial Law of March 14, 1881. 140 CONSTITUTIOlsrS OF THE GERMAN STATES. 72. The deciding deputation consists of an equal number of mem- bers of the Senate and of the Corporation, and, as a rule, of 16 mem- bers, 8 from each side. This number may be increased or lessened by mutual consent. The members from the Senate are chosen by lot, out of all the members of the Senate present in Hamburg. The Corporation members are chosen as follows : The whole of the Corporation members present are separated by lot into so many divisions, as equal in numbers as possible, as there are Corporation members to be chosen for the deputation. Each of these divisions elects from its own body a member for the deputa- tion, by voting papers and an absolute majority of votes. If any chance equality of votes can not be altered by repetition of the vot- ing, the decision is by lot. The formation of the deciding deputation takes place at a joint sitting of the Senate and the Corporation appointed by the Senate, and the lots for the choice of members of the Senate for the deputa- tion are drawn by the youngest member of the Civic Committee, while those for the electing divisions of the Corporation are drawn by the youngest member of the Senate. 73. At the same joint sitting of the Senate and Corporation, or, if all the members of the Senate, chosen for the deputation, should not be present, at another sitting appointed for the purpose by the Senate, the following oath is administered to all the members of the deputation by the president or vice-president of the Senate, or, if these should themselves be in the deputation, by the oldest member of the Senate who is not therein : I promise and swear to God Almighty tliat, in the matter remaining unsettled between the Senate and the Corporation by reason of their diiTerence of opinion, to the decision of whiclT I am constitutionally called, I will in my vote and award have only the general good before my eyes, act only according to the best of my knowledge and conscience, not allow myself to be led or deter- mined either by friendship or by enmity towards the Senate or the Corporation or the individual members thereof, nor yet by the order, authority, or persua- sion of any other person whatever, much less then by the private advantage of myself or of those belonging to me, but so do and act as I shall tind it in ray conscience advantageous to the State, and answerable before God; and also that whatever I myself or my fellow deputies vote, do, and allow in the matter committed to us for decision, I will never reveal it to any man whatsoever in or out of the Senate and the Corporation, but take it all as a strict secret with me to the grave. So help me God. 74. The deciding deputation so chosen and sworn, of which the first member of the Senate belonging thereto is president, has to decide the disputed matter conclusively by a resolution passed by absolute majority of votes in secret session, within 14 days after it has been sworn. The resolution passed by the deputation for such decision has, without anything further, quite the same force and CONSTITUTION OF HAMBURG. 141 validity as a resolution of the Senate and Corporation. It is to be written out in two copies of the same tenor, and to be signed by all the members, and, after one copy has been delivered to the presi- dent of the Senate and the other to the chairman of the Corpora- tion by a member of the deputation, it is to be published by the Senate. Should the deputation not succeed, even by putting the question repeatedly, in setting aside any equality of voting that may occur, then a sub- deputation of 5 members is chosen by lot, in such a man- ner that all the members of the deputation without distinction, whether they belong to the Senate or the Corporation, are included in the lots, and 5 names are drawn therefrom. The majority of the votes of these 5 sub-deputies decides conclusively on the points upon which there was an equality of votes in the deputation. 75. All members of the Senate or of the Corporation, who are chosen as members of the deputation and of the sub-deputation, when there is one, are bound to undertake the functions on pain of losing their civic rights in the State, and the right of carrying on an}^ civic business in city or territory.. The obligation of ap- pearing at the sittings can only be excused by illness, medically attested, cases of affliction, and other similar causes of prevention, the validity of which is decided by the members of the deputation who are present. On continued prevention of a member, a substi- tute is chosen respectively by the Senate in the same way as before, or by the Corporation through the electing division concerned, which assembles again for this purpose. Neither the deputation nor the sub-deputation can pass a resolu- tion unless all the members are assembled. No member of the deputation can withhold his vote when the question is put. Neither the deputation nor any member thereof can be called to account for the resolution that has been passed or the vote that has been given. 76. Should the Senate and the Corporation come to diverse con- clusions as to whether the difference of opinion be of the kind to be referred to the Imperial Court, as described in article 71, clause 1, or of that to be referred to a deciding deputation, as described in clause 2, then the decision of the Imperial Court is to be taken thereon ; and that court, even when it declares itself competent to entertain the matter, will at first confine itself to that decision only, without en- tering into the matter itself.^ 77. The laws passed by common accord of the Senate and the Corporation, or enacted in the manner described in articles 72 to 75, are to be promulgated by the Senate within 14 days. 1 Cf. the Imperial Law of March 14, 1881. 142 CONSTITUTIONS OF THE GERMAN STATES. Section 6. — The Administration. [Articles 78 and 79 were rescinded by law of November 2, 1896.] 80. The Legislature directs for what branches of the adriiinistra- tion there shall be deputations. The latter are composed of the members of the Senate thereto appointed, and a number of citizens. The law determines how far paid officials can be members of such deputations. 81. The civic members of the deputations fill their offices for a number of years to be determined by law, and perform their duties gratis. The election of these members is regulated by article 52. 82.^ All those who are not eligible for the Corporation, as well as judges learned in the law, are excluded from election as members of a deputation. 83. Every citizen is, except in the cases described in article 84, bound to accept the election to a deputation and to hold the office for the legal term, with reservation of demission by the Corporation, or by the legislative power, if the member of deputation in question was not elected by the Corporation. The non-fulfilment of this obligation has the same consequences as on the election to the Cor- poration (article 34). A member who becomes ineligible for the Corporation must retire from the deputation. 84. Those who on the day of the election proceedings have passed the 60th year of their age are not bound to accept the election to a deputation or a court of law, nor are those who have already been members of the same deputation, of the same court of law, or belong to the Civic Committee. Neither is anyone bound to be a member of two deputations or two courts of law, or of a court of law and a de- putation at the same time. The law determines what elections re- quire the retirement of the person elected from other deputations or courts of law of which he is a member, or entitle him to such re- tirement. 85. A member of the Senate presides over each deputation; this, however, is not necessary in the separate divisions of the deputa- tions. 86. Each deputation passes its resolutions by absolute majority of votes. But the chairman of the deputation is bound, if any reso- lution runs, in his opinion, counter to the Constitution or to a law, to protest against it and to bring the matter before the Senate, which latter then decides upon the objection raised, without prejudice to the right of the deputation to bring the matter before the Civic Committee for the commencement, if necessary, of the proceedings described in article 60, clause 5. 1 Revised by law of November 2. 1898. CONSTITUTION OF HAMBURG. . 143 87. Each member of the deputation is answerable to the State, in accordance with the legal enactments, for the discharge of the official duties incumbent on him individually ; the chairman, moreover, that the resolutions of the deputations do not violate the Constitution. 88. The Senate decides in last instance upon complaints in admin- istrative affairs, without prejudice to the judicial decision in the case prescribed in article 89. 89. The administrative authorities may be sued at law for indem- nification or satisfaction without any special permission, by anyone who considers himself injured in his private rights by their official proceedings. The law determines the further particulars. 90. The separate deputations have the right of making proposals to the Senate upon the matters falling within their spheres of opera- tion, and are bound to report and give their opinion to the Senate upon such matters when laid before them. 91. Each branch of the administration has to send in its special budget for the next year, and its statements of the receipts and ex- penditures for the last year to the Senate, in such time that the latter may be enabled to lay the general budget and the complete yearly accounts before the Corporation in due time. 92. The board which has the administration of the principal State funds must never issue to another board a larger sum than the total which has been constitutionally granted to the latter. Exceptional enactments for the beginning of the year of account, in case the bud- get should not then be settled, are reserved for the Legislature. 93. For the promotion of the interests of commerce the merchants elect a committee, and those engaged in industrial occupations elect a committee for the promotion of industrial interests. The mode of election, the sphere of operation of these committees, and their rela- tions to the State authorities will be settled by the Legislature. 94. The Senate is entrusted with the management and supervision of the entire field of education and instruction through the medium of a Principal School Board. The law determines the particulars. 95. All charitable institutions and philanthropic foundations are under the supervision of the State. The law determines the par- ticulars. d(j. Lawfully existing and future religious communities shall ad- minister their own affairs independently but under the supervision of tlie State. The law provides for the conditions under which new religious communities may be formed. Section 7. — The Communes. 97. Matters pertaining to the communes of the city of Hamburg, similarly to matters pertaining to the State, are administered by 144 CONSTITUTIONS OF THE GERMAN STATES. the Senate and Corporation, as far as the laws do not determine otherwise. Questions relating to the suburb St. Pauli and to those parts of the rural district to which the Order for Rural Communes does not apply shall be regulated by special laws. 98. The basis for the constitutix)ns of the rural communities will be determined by law. According to the Order for Rural Com- munes, the communes affected thereby will determine their own con- stitutions independently. 99. Each rural commune has the following rights, the exercise of which is supervised by the State : 1. Free election of the chairman and representative of each commune ; 2. Independent administration of the communal affairs; 3. Publicity of the transactions of the communal representa- tives; 4. Self -taxation for communal purposes; 5. Publication of the communal accounts. 100. For the formation of a new rural commune a decision of the legislative power is necessary. Section 8. — Concluding Enactments. 101. An enactment for altering the Constitution requires : {a). A resolution passed in the way of legislation and by a majority of three-fourths of all the deputies of the Cor- poration that are present; {h). The confirmation of this resolution by a majority ot three-fourths of the members present in a meeting attended by at least three-fourths of all the members, at earliest 21 days after the first vote on the subject by the Corporation. In case less than three-fourths of the members present agree to the resolution, the matter is dropped and the motion is considered to be rejected. 102. In case of a Avar or tumult the constitutional or legal enact- ments relating to legal jurisdiction, arrest, domiciliary visitatix)n, the press, and the right of assembly may be temporarily suspended by the Senate. But this suspension requires the immediate concur- rence of the Corporation. If the Corporation, upon being sum- moned, does not meet in sufiicient numbers to pass a resolution, the Senate has at once to obtain the concurrence of the Civic Com- mittee. 103. Such a suspension always expires after the lapse of four weeks after the day of passing the resolution. Any prolongation thereof can only be effected in the same way as the original resolu- tion. Given in the meeting of the Senate, Hamburg, the. 13th day of October, 1879. HESSE-DARMSTADT. CONSTITUTION OF DECEMBER 17, 1820.^ [Preamble.] Luchvig, by the grace of God, Grand Duke of Hesse and over the Rhine", etc. : Having learned of the desires manifested by our faithful Estates with regard to constitutional provisions in accordance with article 21, of our edict of March 18 last, concerning the Constitution of the State, and having drawn up our resolutions in pursuance thereot, we now deem it advisable to embody in a single act these resolutions^ as well as the constitutional provisions of our edict of March 18, which they have not modified in any respect, and those of the election law, of the rules of the Chambers, the edict on the right of citizenship in the State, and the edict on the service of the State ; and we therefore order as follows: Title I. — The Grand Duchy and its Government in general. Article 1. The Grand Duchy forms one of the constituent parts' of the German Confederation. Art. 2. The resolutions of the Diet concerning the constitutional re- lations of Germany in general, or the relations between the German States, form a part of the public law of Hesse, and they have legal force in the Grand Duchy as soon as they have been published in the name of the Grand Duke. The cooperation of the Estates, however, as regards the means ot fulfilling the engagements of the Confederation, in so far as such co- operation is founded on the Constitution, is not thereby excluded. Art. 3. By the union of the old and the new territory the Grana Duchy forms a whole subject to one Constitution. Art. 4. The Grand Duke is the head of the State. He possesses all the rights of sovereignty and exercises them in conformity with the provisions fixed upon him and embodied in the present Constitu- tional Act. His person is sacred and inviolable. Art. 5. The Government is hereditary in the Grand Ducal House, according to primogeniture and lineal sequence, by virtue of birth resulting from lawful marriage contracted with the consent of the Grand Duke. * Based on the French version of 7 British and Foreign State Papers, pp. 386-399, as translated by George D. Gregory. Revised and brought up to date by a comparison with Stoerk-Rauchhaupt, pp. 189-202. 92975—19 10 145 146 CONSTITUTIONS OF THE GERMAN STATES. In case of absence of a prince entitled to the succession by A'irtue of relationship or hereditary affiliations, the Government j^asses to the female line. In this case the proximity of relationship to the last Grand Duke is the deciding factor, and in case of equal prox- imity, seniority decides. After the transition, the prerogative of the male line comes again into force. Further provisions relative thereto, will be determined by the House laAv, which in this respect forms a part of the Constitution.^ Title II. — The DoTnams. Art. 6. One-third of all the domains, estimated on the average net revenue, shall, on the selection of the Grand Duke, be applied to the liquidation of the public debt, and they shall be sold successively. Art. 7. The remaining two-thirds of the domains shall form the property of the Grand Ducal House, inalienable and free from debt. However, the revenue from this family property, of which special accounts shall be kept, shall be carried in the budget and applied to the expenses of the State after the sums necessary to supply the needs of the Grand Ducal House and of the court have been de- ducted. No part of this property may be mortgaged without the consent of the Estates. Art. 8. In case of further acquisitions, the titles of acquisition by virtue of which they are made shall decide the question whether they are to be considered the property of the grand ducal family or the property of the State. Art. 9. The inalienability laid down by article 7 does not extend to transactions which the Government may have with foreign Gov- ernments. Furthermore, it does not apply .to the sale of useless buildings or of lands situated in foreign territory, nor to compromises and ex- changes, nor to the dissolution of feudal ties, of ground taxes, qr of services. In 2^\\ cases there shall be presented to the Chambers a statement of the proceeds of the sales or of the value of the land.s received in ex- change. Art. 10. Immovable Government property shall not be disposed of or pawned, nor shall it be burdened with real rights or with duties of servitude. This prohibition does not, however, apply to the sale or exchange of superfluous highway or railway property, or to the sale or exchange of unessential buildings, or to the cession of parcels of land suitable for building sites whose use for building purposes shall be declared » Par. 4 as revised by article 11 of the law of March 26, 1902. CONSTITUTION OF HESSE. 147 necessary or desirable by the provincial committee. Xor does it apply to compromises made for the purpose of deciding legal disputes.^ Art. 11. The Grand Duke has the right to give the investiture of fiefs which are returned to the Crown to new feudatories. Title III. — The Rights and Obligations of the Hessians. Art. 12. Only natives of the Grand Duchy shall enjoy civil rights, both public (or rights of State citizenship) [Staats-BurgerreGht^ and private. Art. 13. Nationality is acquired: (1) by birth by those whose father and mother were natives at the time of the individual's birth ; (2) by marriage of a foreign woman to a native; (3) by holding of public office; (4) by naturalization. Art. 14. The following are citizens of the State : native males who have attained their majority and who are not the subjects of a for- eign State, and who have resided in the Grand Duchy at least three years. The heads of existing noble families who possess one or more manors have the right of State citizenship, even though they be personally the subjects of a foreign sovereign. Art. 15. Non-Christian subjects have this same right, when the law confers it upon them or when it is granted to them, either ex- pressly or tacitly, by installing them in public office. Art. 16.2 Art. 17. The right of nationality is lost : (1) By emigration; (2) By the marriage of a native woman with a foreigner. Nev- ertheless, the widow of a foreigner recovers her nationality if she has continued to reside in the Grand Duchy during her married life or if upon the death of her husband she returns to the Grand Duchy with the consent of the Government and declares her intention to make it her residence. Art. 18. All Hessians are equal before the law. Art. 19. Birth does not give any person the right to hold any public office. Art. 20.^ The difference of Christian beliefs in the Grand Duchy does not condition difference in political or civil rights. Art. 21.^ The recognized Christian confessions are granted the right of free and public exercise of their religious worship. Art. 22.3 Every inhabitant of the Grand Duchy is guaranteed the exercise of complete freedom of conscience. However, a plea of f ree- 1 Article 10 as revised by law of August 1, 1878. 2 Rescinded by laws of September 28, 1842, and November 8, 1872. 3 Amended by articles 1 and 2, infra, of the law of August 2, 1848. 148 CONSTITUTIONS OF THE GERMAN STATES. dom of conscience shall never be a means of evading a duty pre- scribed by law. Art, 1. Every inhabitant of the Duchy has the right of free and public exer- cise of his religious belief. Under the pretense of religion, however, neither the laws of the State nor those of morality shall be violated, and other persons shall not be prejudiced thereby in their political, civil, or religious rights. Art. 2. The difference of religious beliefs does not condition difference in political or civil rights. Every incompetence or restriction with regard to the exercise of political or civil rights or legal actions, which has hitherto existed as a result of difference of religious confession, is abolished. Art. 23. Individual liberty and property are guaranteed in the Grand Duchy without any other restriction than that imposed by the laws. Art. 24. All Hessians have the right to emigrate in conformity with the provisions of the law. Art. 25. In accordance with the laws already in existence on the subject, personal servitude is forever abolished. Art. 26. Indefinite compulsory labor may never be exacted and definite compulsory labor may be commuted for a consideration. Art. 27. The Government may not dispose of private property for a useful public purpose except in consideration of compensa- tion, as prescribed by law. Art, 28. In case of emergency every Hessian is obliged to defend the country and may be called to the colors. Art. 29. Every Hessian to whom no constitutional exception ap- plies is required to perform ordinary military service. In case of a call to fulfil this obligation, the drawing of lots decides between those who are equally bound by this duty. It is, however, permis- sible to be replaced by a substitute. Art. 30. All Hessians are equally bound to defray the expenses of the State unless they are able to urge a constitutional exception in their favor. Art. 31. No one may be exempted from the authority of his lawful judge. Art. 32. The machinery for the administration of justice and procedure, within the limits of its legal forms and sphere, an activity desired by the law, are independent of the influence of the Government. Art. 33. No Hessian may be arrested or punished except by due process of law and according to the forms prescribed by law. No one must be kept in ignorance for more than 48 hours as to the reason for his arrest, and when this arrest is effected by an authority other than the authority who has jurisdiction over the prisoner, his natural judges are informed thereof as soon as possible. CONSTITUTION OF HESSE. 149 Art. 34. Judges may not be removed except by a legal judgment They may not be forced to resign, and in case of transfer, their grade and salary shall remain the same. However, the directors of the colleges of justice are subject to the provisions of the service pragmatic {DienstpragmatiJc) . Art. 35. The press, as well as book publishing, is free in the Grand Duchy. However, they are both subject to the repressive laws now in existence or that may hereafter be promulgated. Art. 36. Every Hessian is free to choose his business or profession, and, with the reservation of the provisions of the laws with regard to public officials,- everyone is free to prepare for the vocation which he intends to pursue, whether in the Grand Duchy or in a foreign country. Title IV. — Privileges of the Nobility. Art. 37. The rights which members of the landed noble families {Sta'ndesheiren) enjoy, of not being tried by the ordinary courts, are determined by the edict of February 17, 1820, which edict forms an integral part of the Constitution. Art. 38. The special rights of the nobility are placed under the protection of the Constitution. Title V. — Churches^ educational and charitable institutions. Art. 39. The internal constitution of the churches enjoys the pro- tection of the political Constitution likewise. Art. 40. [Rescinded by law of April 23, 1875.] Art. 41. Ecclesiastics are subject to the secular authorities in their civil relations and for acts of wrongdoing that do not relate solely to their functions. Art. 42. Grievances concerning the abuse of ecclesiastical author- ity may be laid before the Government at any time. Art. 43. The property of the churches, that of foundations recog- nized by the State, charitable, and the various kinds of public educa- tional institutions enjoy the special protection of the State and may in no case be incorporated with the finances of the Grand Duchy. Art. 44. The funds of charitable institutions having for their object public worship, instruction, and charity may not be used for any other purpose without the consent of the Estates. Title VI. — The Conrmiv/nes. Art. 45. The affairs of the Communes shall be governed by a law whose basic provision shall be the proper and independent administra- tion of their property under the supervision of the State through delegates whom it shall select. The fundamental provisions of this law shall form part of the Constitution. 150 CONSTITUTIONS OF THE GERMAN STATES. Art. 46. The property of the Communes may in no case be incor- porated with the finances of the State. Title VII. — The State service: Art. 47. No one may obtain a public office unless he has proved hi& fitness by undergoing a suitable examination. This inile is subject to exceptions in the case of those who have already proved their fitness in office in foreign countries. Art. 48. There is no reversion of public office. Art. 49. The legal provisions granting pensions to State officials and their rights with regard to funds established for widows and orphans are under the guaranty of the Constitution. The rights of soldiers to legal pensions, governed by the service pragmatic {Dienstpragmotik) ^ likewise specially enjoy this guaranty. Art. 50. Investigations of State officials for wrongs committed in office may not be suppressed, and officials who have been removed in pursuance of a judgment expressly stating that they may not re- enter the service of the State shall never be given another office. Title VIII. — The Provincial Estates. Arts. 51-60. [Rescinded by law of September 3, 1849.] Art. 61. It is prohibited in the First as well as in the Second Chamber to exercise right of suffrage by proxy or to receive instruc- tions in casting a vote. Art. 62. The members of th« Privy Council of State and the Com- missioners appointed for the Estates are free to attend the sessions, but have no right; to vote. Art. 63. The Grand Duke alone has the right to convene, to pro- rogue, to dissolve, and to close the Assembly of the Estates. An arbitrary meeting of the Estates, without being convened or after closure, adjournment, or dissolution, is contrary to law and culpable. Art. 64. The Grand Duke will assemble the Estates annually.^ In case of a dissolution he will convoke a new Assembly of the Estates within six months. Art. 65. Dissolution of the Assembly extinguishes all the rights flowing from the preceding elections, and there must be new elections when the Estates are again called to assemble. The deputies chosen before are, however, eligible for reelection. Art. 66. The Estates are authorized to take up only such matters as the following articles place within the sphere of their powers. If they exceed their powers the meeting must te considered an arbitrary one. 1 Originally tiiennially. Modified to annually by law of June 27, 1900. CONSTITUl'ION OF HESSE. 151 Art. 67.^ Without the consent of the Estates no direct or indirect tax shall be announced or levied. The fiscal law, which shall be passed annually, shall first be pre- sented to the Second Chamber, together with the statement of Gov- ernment income and expenditures. In the first place, confidential deliberations shall be entertained between the committees of both Chambers. Thereupon each Chcmber shall deliberate independently on the statement and the fiscal law. The First Chamber shall base its decision on the decisions of the Second Chamber, which shall be communicated to it ; it may also deliberate separately on single parts of the statement and of the fiscal law. If the First Chamber does not indorse the decisions of the Second Chamber the fiscal law as well as the statement return to the Second Chamber for further deliberation and decision. As far as the Second Chamber adheres to its decisions the said decisions are again sub- mitted to the First Chamber. If the latter does not indorse it, and if the Second Chamber does not subsequently accede to the decisions of the First Chamber, the disputed points of the statement shall be settled according to the decisions of the Second (^hamber. The fiscal law as evolved by the Second Chamber shall then again be submitted to the First Chamber, which may accept or reject it in toto. If the First Chamber should reject the fiscal law, the said law shall be deliberated and voted upon in toto in a joint session of the two Chambers presided over by the president of the First Chamber. In this vote an absolute majority shall decide; in case of a tie the vote of the president of the Second Chamber shall decide. If a matter should require a total expenditure of more than 200,000 marks, which are to be raised by means of a loan, the requisite sum shall not be demanded in the statement, but shall be presented in a special bill to the Estates. This provision does not refer to demands made with regard to obligations due to the State on the basis of the agreement between Hesse and Prussia relative to the joint admin- istration of the railway property of both countries of June 23, 1896, as well as all later additions to this agreement, nor does it refer to the fulfilment of legal obligations with regard to the State treasury, to the execution of legal measures, or to the covering of a deficit of the a'dministration. Art. 68. Neither of the two Chambers may condition its concur- rence in this respect upon the fulfilment of certain specific wishes. However, the two Chambers are authorized to demand not only a complete tabulation of the needs of the State, accompanied by docu- ments, but also a satisfactory statement of the uses to which the sums previously granted have been put. ^Article 67 as revised by law of June 3, 1911. 152 CONSTITUTIONS OF THE GERMAN STATES. Art. 69. Taxes, unless they have been imposed merely for a tem- porary purpose that has been fulfilled, shall continue to be levied for six months beyond the period for which they have been agreed to if the Assembly of the Estates is dissolved before a new financial law is passed or if the deliberations of the Estates drag on. These six months shall nevertheless be counted in the new fiscal period. Art. 70. The civil list may not be diminished during the reign of a Grand Duke without his consent, nor increased without his consent, nor increased without the consent of the Estates. Art. 71. In extraordinary cases, when external dangers require that funds be collected promptly and external conditions make it impossible to convene the Estates or to deliberate with them before- hand, the Government may borrow the necessary sums, provided that it justifies the uses to which the money is put, and on the responsi- bility of the principal authorities of the State. Art. 72. No law, even though it relate to the police of the country, may be put into effect or abolished or modified without the consent of the Estates. If the doctrinary interpretation of a law is not sufficient, an authentic interpretation does not take place, but rath.er does it become necessary to make a new provision by act of legislation. Art. 73.^ The Grand Duke, without the cooperation of the Estates, is empowered to issue orders and to take measures necessary for the execution and administration of the laws and in the interest of super- visional and administrative legislation. In urgent cases he may take the necessary steps for the safety of the State. Art. 74. The Grand Duke alone and without the cooperation of the Estates has the right to dispose of the military force, to regulate its formation, its discipline, and to issue all orders relative to the mili- tary service. The existing military penal code and the code to be promulgated by the Grand Duke for officers can not, however, in so far as they do not relate to the objects designated, be modified in any way in future without the cooperation of the Estates. Art. 75.2 jf ^j^^ Chamber should vote against a bill, the latter is definitely rejected. However, if such a bill of the Government should again be pre- sented by the Government to the Estates at the next Diet and be accepted by one Chamber but rejected again by the other, the Gov- ernment may demand that the bill be discussed and voted upon in a joint session of both Chambers at which the president of the First Chamber shall preside. A simple majority of the members of both 1 Article 73 as restricted by law of July 15, 1862. a Article 75 as recast by law of June 3, 1911. CONSTITUTION OF HESSE. 153 Chambers present shall be necessary for passing the bill if the bill originally was accepted by two-thirds of the members of the Cham- ber which passed it ; otherwise two-thirds of the votes of those pres- ent at the joint session shall be necessary for passing the bill. In case of a tie the vote of the president of the Second Chamber decides. Art. 76. Bills shall only be presented by the Grand Duke to the Estates, not by the Estates to the Grand Duke. However, the Es- tates may by means of petition request new laws or modification or annulment of the existing laws. Art. 77. Levies to increase the number of troops beyond the con- tingent prescribed for the Confederation may only be ordered by laAV ; nevertheless the Government has the right in emergencies to take the necessary measures for the preservation of the State. Art. 78. The entire State debt, which can never be increased with- out the consent of the Estates, is guaranteed as such by the Consti- tution. The sinking fund determines the manner .of its payment. Art. 79. The Chambers have the right to lay before the Grand Duke all proposals which, in accordance with a resolution, they deem it proper to submit to him, such as connnon grievances or desires. Art. 80. In particular the Chambers have the right to lay before the Grand Duke, in the manner prescribed by the preceding article, grievances which they may consider it necessary to report against State officials. Art. 81.^ Individuals and corporations shall only have recourse to the Chambers of the Estates when they consider themselves unjustly or unfairly injured or oppressed and when at the same time they can prove that they have without success taken all legal and constitu- tional steps to gain relief at the hands of the Government authorities. Such a petition can afford the Estates the opportunity to make use of the prerogative of complaining, as provided in the preceding articles, unless the said Estates should retract their petition forthwith, or after the receipt of a statement issued by the State Privy Council or the Commissioners of the Diet. The submission of a petition by individuals and corporations with regard to general political interests, the preservation of which is incumbent solely on the Estates, is not permissible, and meetings of individuals and corporations for such a purpose are in violation of the law and punishable. Aet. 1. Article 81 of the Constitution is rescinded, as far as restrictions of tiie rigiit of petition tlierein contained are concerned. Art. 2. The right of meeting for the purpose of discussing general political or private interests may be exercised freely. * rnnsiderably modified by articles 1 and 2, infra^ of the law of March 16, 1848. 154 CONSTITUTIONS OF THE GERMAN STATES. Art. 82. If one of the Chambers should not concur in a decision ol the other upon a petition or complaint, the latter is free to inform the Government of the petition or complaint through the ordinary- channels of communication, adding that it has been communicated to the other Chamber but that the latter has refused to concur therein. Art. 83. The Estates are not accountable for the tenor of their votes freeh^ cast. But the right freely to express an opinion does not protect a member from the charge of calumny which individuals may be moved to make as a result of this expression of opinion. In such an event individuals preserve the right which the law grants them of bringing complaint against the calumniators. Com- plaints of this kind must be brought before the college of justice of the province where the Assembly of the Estates is held. Art. 84. While the Assembly is in session none of its members is liable to an}^ form of arrest, except with the consent of the Chamber to which he belongs, unless he is caught in the act, in which case the arrest must be reported to the Chamber of which the culprit is a member, together with the reasons therefor. Art. 85. The Grand Duke shall name the first president of the First Chamber for the duration of the Diet. As soon as one-third of the members who were subject to being called and could have appeared have met, the Government commis- sioner assembles the Chamber in order to constitute it, whereupon the Chamber, presided over b}^ the president, or if none shall as yet have been named, under the presidency of the commissioner, shall nominate to the Grai;d Duke three members in candidacy for the office of second president for this Diet and shall thereupon proceed to the election of the two secretaries, who are to hold office for tbp duration of the Diet. Art. 86. As soon as 27 hona fide members have appeared, the Sec- ond Chamber may be tentativel}^ constituted. This is done by the Introduction Committee. At the time of con- vocation of a new Diet by virtue of new elections six members are immediately chosen, under the direction of the Committee of Intro- duction, who are nominated to the Grand Duke as candidates for the first and second presidency. In summoning a Diet without new elections, the Committee of Introduction will temporarily appoint the senior member of the Chamber to the presidency, in order that the Chamber may, with the assistance of two secretaries to be named by the president, proceed to the election of the six members to the presidential positions. As soon as the presidents have been named for this Diet, the two secretaries are elected. Art. 87. The final decision as to the validity of selections, admis- sion, refusal to admit, or the removal of members of the Chambers CONSTITUTION OF HESSE. 155 rests with each of them as soon as the Assembly of the Estates is opened. Art. 88. The opening of the meeting of the Estates takes place simultaneously in both Chambers, in the presence of the Grand Duke in person or of a commissioner delegated by him for this purpose. The new members of the Estates shall swear the following oath at the opening of the Estates : I swear fidelity to tlie Grand Duke, obedience to the laws, strict oliservance of the Constitution, and that in the meeting of the Estates I shall consider only the general welfare in accordance with my best personal convicton, influenced by no instructions of any other person. Members entering after the opening of the Chambers sw^ear the oath to the president of their Chamber. Art. 89. The proposals of the Government shall be communicated to the Chambers, or to that one of them which is to pass upon it first, by the members of the Ministry of State or by the Commissioners of the Assembly. ' Art. 90. Every member of the Estates has the right to make, in the Chamber of which he is a member, motions upon questions falling within the sphere of the Chambers' powers. Art. 91. Proposals of the Government, those of either of the two Chambers or one of its members, which have been rejected by the other Chamber, may not be reintroduced at the same session. Art. 92. — The preparations for deliberation are made by chosen committees. Art. 93. A resolution, in order to gain validity in the First Cham- ber, must be voted upon by at least one-third of those members who were subject to call and could have appeared; in the Second Chamber the vote of at least 27 members is necessary, and in both Chambei*s a majority. In the case of a tie the motion of the Government decides, in other matters the view conforming with the existing conditions, and in the case of complaints against public authorities or individuals the view which is more favorable to the person or persons complained against. Art. 94. When one of the Chambers is not complete up to the num- ber required by the preceding article, in order to pass upon a valid resolution, the incomplete Chamber is considered as consenting to the resolutions of the complete Chamber. Art. 95. — The Chambers may not deliberate jointly except in specially determined cases, but they must communicate to each other the resolutions which they have passed. Nevertheless any committee of either Chamber may confer with the corresponding committee of the other Chamber in the event of a Question being submitted to both Chambers, either by a Government 156 CONSTITUTIONS OF THE GERMAN STATES. proposal or by the communication of a resolution of the other Cham- ber. Art. 96. The Estates may not consult with any other authority than the Privy Minister of State and the commissioners appointed for the Assembly. The committees must confer with the members of the Privy Minis- try and the commissioners for such information as they may require or in order to harmonize differences of opinion. Art. 97. All the resolutions of either of the Chambers must be com- municated to the other, unless they relate to matters with regard to which the resolution of one Chamber may according to the Constitu- tion be put into effect independently of that of the other. Art. 98. The joint resolutions of the Chambers shall be submitted by a joint deputation to the Grand Duke or to a commissioner ap- pointed by him for that purpose. Art. 99. The Chambers shall publish their transactions in printed form, in so far as they do not refer to confidential disclosures of the Government or of the other Chambers, or to disclosures intended for one of these bodies. Art. 100. Under the same conditions they also have the right to admit a certain number of auditors according to the existing or future parliamentary provisions. Art. 101. The Grand Duke shall close the Assembly either in per- son or through a commissioner whom he shall appoint for this special purpose, and he shall then cause the minutes of the Assembly to be published after having first communicated them to the Estates. Title IX. — General Provisions. Art. 102. In all relations of private law the treasury has precedence over the courts. Art. 103. There shall be one Civil Code, one Penal Code, and one Code of Procedure for the entire Grand Duchy. Art. 104. There shall be no special privileges to commerce and in- dustry by virtue of a special law. However, the Government shall have the power to grant for defi- nite periods patents for inventions. Art. 105. The penalty of the general confiscation of an entire for- tune is forever abolished. ' The law shall provide more fitting penalties, which shall be sub- stituted therefor. Title X. — The Guarantee of the Constitution, Art. 106. Every Grand Duke, upon his accession to power, shall CONSTITUTION OF HESSE. 157 to them, assurance that he will unswervingly uphold the Constitu- tion. Art. 107. [Rescinded by law of March 26, 1902.] Art. 108. All citizens of the State, upon establishing their domicile in the country, and upon giving their allegiance and homage, as well as all State officials, upon their assumption of office, are required to take the following oath, unless they have already done so : I swear to be faithful to the Grand Duke, to obey the hnv, and to observe the Constitution of the State. Art. 109. The Ministers of State of the Grand Duchy and all other officials, when they are not acting under the orders of higher authori- ties, are responsible for strict observance of the Constitution, each within the sphere of his powers. The law on the responsibility of the ministers and higher authori- ties of the State forms an integral part of the Constitution. Art. 110. No changes may be made in or any explanations added to a constitutional act except with the consent of the two Chambers. For this purpose the support of at least 26 members of the Second Chamber and a majority of at least 12 members of the First Cham- ber are required. But if the number of those voting who take part in the delibera- tions is such that two thirds of this number is in excess of the num- bers fixed above, the assent of two-thirds of those voting is necessary for the adoption of the proposed changes. In declaring by the present act that the above provisions form the fundamental Constitution of our Grand Duchy, we give assurance in the most solemn manner that not only shall we ourselves faithfully and inviolately fulfil the stipulations which it contains, but also that we shall constantly do our utmost to uphold this Constitution and to protect it from all attacks. In faith whereof we have signed this fundamental law of the State, and we have caused the great seal of the Grand Duchy to be affixed thereto. Given in our residence at Darmstadt this 17th day of December 1820. [L.8.] LUDEWIG. VON Grolman. LIPPE.^ 1. CONSTITUTION OF JULY 6, 1836.^ [Preamble.] • By God's grace we, Paul Alexander Leopold, Euling Prince of Lippe, noble Lord and Count of Schwalenberg and Sternberg, etc., For a long time it has been our wish, by the sanction of a provin- cial constitution which w^ould be in conformity with the times, to bring about a general representation of the interests of the land, based on ground property, which is the safest and most permanent pos- session, and to fix the rights and duties of the provincial representa- tion based thereon. Whereas this important question has now been carefully discussed, in the Diet which closed to-day, with our faithful Estates, we pro- mulgate, with the consent of the said Estates, under abolishment of; the Order of June 8, 1819, and of the Election Law thereto appended,! as well as of the Order of Business of August 31, 1819, the following! CONSTITUTION AND ELECTION LAW FOR THE SECOND AND THIRD ESTATES. Title I. — Provisions of the Provincial Estates^ their Rights and Duties. Articles 1 and 2.^ Art. 3.* To facilitate and to hasten the administration of pro- vincial affairs outside of the Diet each Estate elects a deputy, and if an Estate should consider it proper, also a substitute, both of whom must reside in the land. The three deputies form the committee, and their functions are restricted to 6 years. They may be reelected. The election must in every case be approved by the Sovereign. Art. 4. The provincial syndic conducts the business of the Pro- vincial Estates. He is chosen by all the provincial deputies, and his nomination is approved by the Sovereign. He must be legally trained and a native; all regulations pertaining to servants of the State apply to him. Until the creation of a general treasury he * Translation by the editor based on the text as found in Stoerk-Rauchhaupt, pp. 204- 211. 2 According to advices from the Princely Government of Lippe only articles 3 (cf. not« 8uh article 3), 5 (with the exception of the last sentence of paragraph 2), 6 (paragrapli 1), 7, 24, 26-29, 35, 38, and 39 are still in force; questions of minor detail regardiag this list are here disregarded. 8 Articles 1 and 2 rescinded primarily by the Election Law of October 19, 1912 articles 8-23 and 36 rescinded by the same law. * Article 3 replaced to a great extent by article 3 of the law of June 3, 1876. 158 CONSTITUTION OF LIPPE. 159 shall receive one-third of his salary from each of the Estates, re- spectively ; the third Estate shall pay its quota from the provincial treasury. Art. 5.^ The Provincial Estates are guaranteed those rights which they possessed until 1805, as far as the said rights are not modified by the present law. In particular, no new tax may be levied without previous delibera- tion and express consent of the Diet, and no new loan may be floated on the credit of the provincial treasury. In cases where the interest of the State demands unconditional haste, the committee of the Provincial Estates, at least, is to be consulted for deliberation and repartition, and at the next Diet the necessity for having taken such steps shall be shown to the assembled Estates, under reservation of the jus monendi of the latter. Moreover the first and second Estates shall always have the right, each for itself, to ap- point a qualified deputy to the General High Court of Justice and, if the case should occur, to the provincial guardianship. A deputy appointed to the Court must reside in the land ; a deputy appointed to the provincial guardianship must in addition be free from all State services. The pactum unionis^ the 'pactum tutoriuin^ and the order of busi- ness of the High Court of Justice will be confirmed expressly by us, and the rights of the hereditary lines laid down in the House laws, shall be observed unalterablv. Art. 6. The Government shall at every Diet present a budget of the grants of money considered necessary, said budget to be sub- mitted for careful examination and under observation of the welfare of fhe land. With respect to the continuance of taxes which have already been levied or of those to be granted in accordance with article 5, the confederative decision of June 28, 1832, published on August 7, 1832, and printed in volume 7 of the collection of the decrees of the land, shall be carefully observed. Art. T. — The Provincial Estates have the right to make proposals in matters pertaining to the welfare of the country and the perfection of legislation, as well as the right of reminder and of notification in case of abuses of the administrative authorities or of crimes com- mitted by individual State servants. The result of these notices shall be reported to the Estates at the next Diet. Title II. — Composition and Apportionment of the Provincial Estates. Articles 8-12. ^ 1 Cf. the law of December 8, 1867, printed below. 2 Cf. note to article 1. 160 CONSTITUTIONS OF THE GERMAN STATES. Title III. — The Election of Deputies of the Diet belonging to the second and third Estates. Articles 13-23.^ Title TV.— The Diets. Art. 24. A princely summons published in the Gazette and fur- nished to the deputies of all the Estates, summons the Diet, usually in the residential city of Detmold. Meetings of the Diet otherwise called are illegal and void. As to other meetings of the Estates the existing laws remain in force. Art. 25. The Diet shall assemble every 2 years, but if the Sov- ereign should consider it necessary, more frequent meetings may be called. Art. 26.2 After the death of the Sovereign the provincial depu- ties shall be summoned within 3 weeks in order to swear allegiance, or, in case a guardianship must be established, to cooperate in doing so, in accordance with the pactum tutoHuin of 1667. Art. 27. Whenever a new election of the provincial deputies of the second and third Estates has taken place, a princely commis- sion enters the meeting before the opening of the Diet and admin- isters the oath to those who were newly elected. The latter swear as follows: — I swear fidelity to the Prince, obedience to the laws, and scrupulous observ- ance of the Constitution, and I swear that in the Assembly of the Estates I will consider only the general welfare according to my own best conviction^ which shall be governed by no commission given to me by another. Art. 28. Each Estate elects its committee-deputy, and all the pro- vincial deputies elect the provincial syndic. The elections are re- ported to the Government, which secures the consent of the Sover- eign, has the elections published, and sees to it that the deputies, as well as the provincial syndic, the latter in accordance with ar- ticle 39 of this Constitution, are sworn in. In case of vacancy, the election of the deputies and of the syndic may be held outside of the Diet, too. Art. 29. After the Assembly of Estates has been completely con- stituted, its solemn opening takes place in the residential palace, as usual. Art. 30.3 'pj^g preparatory deliberations occur in one meeting, but the voting is done in separate curiae. Only matters concerning gen- eral provincial dues shall be deliberated upon until their conclusion in the general meeting. The majority of the total number of dele- gates decides. 1 Cf. note to article 1. 2 A prolongation of this period was promised, since at the time no regular Diet was in session, by the sovereign decree concerning the oath of allegiance of the Diet, of Decem- ber 21, 1871. » Cf. note to article 5. CONSTITUTION OT LIPPB. 161 Art. 31. If verbal explanations and more detailed evidence are necessary for the propositions of the Sovereign, which are communi- cated to the provincial deputies 4 weeks before the meeting of the Diet, or for other motions, the Sovereign names a commission whicli shall attend the deliberative sessions devoted to this purpose. Art. 32. The Diet must present a report touching on all points of the proposals of the Sovereign, as complete as possible and well con- sidered, whereupon the recess of the Diet follows, as usual. Wishes which have not been fulfilled and propositions of the Provincial Es- tates which have not been approved may be repeated in the next Diet. Art. 33.^ Usually a session of the Diet lasts 2 to 3 weeks. The meetings of the Estates are public, and the results thereof shall be published in printing by the Government after previous consultation with the committee deputies. Art. 34. Every deputy of the Diet, as well as the provincial syndic, shall receive during the sessions of the Diet and other meetings of the Estates summoned by the Sovereign a daily allowance of 3 thalers. until further notice from the provincial treasury. Art. 35. The Diet is closed with the same formalities which attend its opening. Title V. — The Direcforatt of the Estates, the Committee^ and ttie Provincial Syndic. Art. 36.2 Art. 37. The three committee-deputies sign the decisions of the Diet, and the provincial syndic countersigns them; the committee- deputies represent the provincial deputies where the latter have no jurisdiction, in the rights which belong to them according to the relation which the curiae have to each other (article 30). However, they can not enter into any permanent obligations for the land and are accountable to the Provincial Estates for their actions. Art. 38. The deputies form, under the directorate of a member of the Government, the college for the adminstration of the provincial treasury. It is the duty of this college to examine and to audit annu- ally all provincial treasury accounts. The deputies, who must give account to the Diet for the condition of the treasury in their pro- posals and observations, receive copies of the bills and of the audi- tors' report. Art. 39. The provincial syndic, as secretary of the Diet, keeps a complete record of all details and decisions, takes the minutes in the general as well as curial sessions, preserves the register and keeps it in order. At the same time he must write all statements and other 1 The principle of publicity of the sessions and of conditional exclusion of publicity was introduced on March 24, 1848, and confirmed on August 4, 1869. ■Cf. note to article 1. 92975—19 -11 162 CONSTITUTIONS OF THE GERMAN STATES. documents pertaining to the affairs of the Provincial Estates, without himself having a vote. Art. 40.^ Concerning the salary and emoluments of the committee- deputies and of the provincial syndic the Provincial Estates will make proposals, subject to the approval of the Sovereign, at the first Diet. We desire and decree that this Constitution, together with the Electoral Law for the second and third Estates, connected with it, be considered a basic constitutional law, and that everyone whom it concerns shaH act strictly in accordance therewith and observe it faithfully. Given with our own hand and provided with the official seal. DET!vroLD, July 6, 1836. [l. s.] LEOPOLD, Prince of Lippe. W. A. ESCHENBURG. 2. LAW CONCERNING THE RIGHTS OF THE PROVINCIAL ESTATES IN RESPECT TO THEIR COOPERATION IN LEGISLATION, DECEM- BER 8, 1867. By God's grace, we, Paul Friedrich Emil Leopold, Ruling Duke of Lippe, noble Lord and Count of Schwalenberg and Sternberg, etc., etc., promulgate with the consent of the Diet the following legal pro- visions concerning the right of the Provincial Estates in respect to their cooperation in legislation, these provisions being supplementary to article 5, paragraph 1, and modificatory'' of article 30 of the Consti- tution of July (), 1886 : Article I. (jeneral provincial laws which concern personal freedom, property, or other legally acquired rights of subjects, as well as laws per- taining to the Constitution, may be promulgated, rescinded or authen- tically interpreted only with the consent of the Provincial Estates. Art. 2. Decrees concerning the execution or regulation of existing laws, in conformity with the provisions and principles of the latter, or orders issued by the police for reasons of safety or welfare, do not require the consent of the Provincial Estates. In such police orders no penalty may be pronounced which exceeds 14 days' imprisonment or a corresponding fine. Art. 3. Extraordinary measures requiring by their nature the approval of the Estates but made imperative by the welfare of the State or the maintenance of order, the postponement of which might injure their purpose entirely or partially, are issued by the Sovereign alone without the previous consent of the Estates. Such decrees must, however, be submitted to the Estates at their next meeting for theii- approval, and if this i-; not granted, the said decrees again be ome void. 1 The election' rules for the second and third Estates, appended to article 40, were superseded by the Election I^aw. CONSTITXTTION OF LIPPE. 163 Art. 4. Bills presented to the Estates are discussed in the general jiicetings, and decision is reached by majority of votes of all mem- bers present. In the case of bills which deal with the Constitution itself, the discussion must be conducted in separate curiae, if the majority of delegates of a curia should demand it, and the approval of both curiae is necessary for carrying the proposed amendments to the Consti- tution. Art. 5. The Government authorities are not permitted to raise the question, in the case of a law duly published, whether the l^]states observed the provisions of the Constitution in acting thereon. ()nh^ the Estates themselves have the right to decide in a legal manner all questions appertaining thereto. Signed with our own hand and provided with the princely seal. ])ET^r()[.l). Ihci'mJter S, 18()7. LEOPOLD, Prince of Lippe. vox Oheimb. 3. LAW CONCERNING THE COMPOSITION OF THE DIET AND THE EXERCISE OF THE RIGHTS THEREOF, JUNE 3, 1876. By God's grace, we, Friedrich Giinther Woldemar, Ruling Prince of Lippe, noble Lord and Count of Schwalenberg and Sternberg, (^tc jDromulgate with the consent of the Diet the following provisions with regard to the composition of tlie Diet and the exercise of the rights thereof : Article 1. The Diet of the Principality is composed of 21 dele- gates elected in accordance with the Election Law, which has been decreed. Art. 2. Delegates okx-ted in accordance with this law shall exer- rise, until the promulgation of a new constitution, all rights which have u]) to the present belonged to the Provincial Estates. Art. 3. The assembled Diet examines the legitimation of its mem- bers, under the presidency of the member oldest in years, on the basis of the election laws communicated to it by the Government, nnd decides definit-ely thereon. As soon as the legitimation of at least one-half of the legal number of deputies has been passed upon, the Diet elects by absolute majority :nid imder the same presidency its president, and then under the presidency of the latter the vice-president, as well as three committee- de])uties, who receive the rights and duties of the former committee- deputies of the knighthood, the cities, and the lowlands. Similarly the provincial syndic is elected by absolute majority in t he Diet from among the native jurisconsults. The Diet shall deter- mine the instructions and remuneration of the syndic, subject to the ai)i)r()val of the Government. In all aforementioned elections a lot will decide in case of a tie. 164 CONSTITUTIONS OF THE GERMAN STATES. Art. 4. The president and the vice-president are elected for the duration of the Diet in question and the time intervening until the next Diet. The committee-deputies and the provincial syndic are elected for the duration of the legislative period (article 8) and remain in office at all events until the convening of a new Diet. The Government shall be notified of the results of the elections for the purpose of making the elected members responsible. The other deputies are made responsible by the president of the Diet. Art. 5. In order to establish a quorum in the Diet, the election must be published at least four weeks in advance in all electoral districts (excepting supplementary elections), and at least two- thirds of the stipulated number of deputies must be present. The decisions of the Diet require an absolute majority vote, as far as the order of business does not provide otherwise in regard to elections of commissions, etc. Decisions of the Diet on changes in the Constitution and of the Election Law require a vote of at least two-thirds of the stipulated number of deputies in order to gain validity. Art. 6. The Diet determines its own order of business; until a new order has been established, the old order is in force, as far as it may be applied to the changed conditions. • Art. 7. State servants require neither leave of absence nor the consent of their superiors to enter the Diet, but must defray their own expenses. If a deputy accepts a position or is promoted in the service of the State during his term, a new election takes place. Members of the Government and of the exchequer are not eligible for the Diet. Art. 8. The legislative period of the Diet is 4 years. In case of dissolution of the Diet a new legislative period begins with the publication of the new elections. The Diet must be summoned at least every two years. Art. 9. The Government has the right to dissolve the Diet, and the elections must in this case be held at latest within 60 days after th-B dissolution. The deputies must be summoned within 90 days after the dissolution. If this does not take place, the committee-deputies are empowered to observe the constitutional rights of the land. Art. 10. All legal provisions which are in opposition hereto shall be rescinded. Detmold, June 5, 1876. WOLDEMAR. Prince of Lippe. ESCHENBURG. LUBECK. CONSTITUTION OF OCTOBER 2, 1907.^ Title I. — General enactmentg. Article 1. The Free State of Liibeck forms under the name of •' the Free and Hanseatic city of Liibeck " an independent State of the German Empire. Art. 2. Anyone whose citizenship has been established according to the laws of the Empire is a member of the Free State of Liibeck. Art. 3. Citizens of the Fi'ee State of Liibeck are those subjects of Liibeck, who have taken the oath of citizenship and have not for- feited the right thereof. Art. 4. The political power is equally shared by both the Senate and the Corporation {Burgerschaft) . For the execution of this power the provisions of this Constitu- tion are authoritative. Title Tl.—Th)e Senate. Art. 5. The Senate consists of 14 members. Of these 8 must be- long to the learned professions and six of these at least must be jurists. The other six cannot belong to the learned professions and there must be at least 5 merchants among them. Art. 6. Ever} one, who is eligible for membership in the Corpora- tion of the Free State of Liibeck is eligible as a member of the Sen- ate, with due reference however to article 5, provided he has com- pleted his 30th year. Excluded from election is anyone w^hose father, son, brother, half- brother, stepfather, stepson, father-in-law, son-in-law, or recognized business partner is already a member of the Senate. Art. 7. Section 1. When the time arrives for the election of a member of the Senate, this body calls tlie Corporation together (article 19). When the latter is assembled, the Senate announces through commissioners how many of its members are assembled for the purpose of the election, and invites the Corporation to appoint an equal number of electors from its members. The electors are led ^ Translation by Miss Martha L. Gericke based on the text as found in Stoerk- Rauchhaupt, pp. 212-233. 165 166 CONSTITUTIONS OF THE GERMAN STATES. into the conference chamber by the commissioners while the Cor- poration is dismissed. Sec. 2. The members of the Senate and the electors meet for the election, and after the presiding burgomaster of the Senate (article 14) has read that part of the Constitution giving the procedure for election, they take the following oath: I vow and swear to God that I will follow the prescribed instruction in this election to be undertaken for a member of the Senate, that I will exercise the strictest secrecy concerning all. that is discussed in the election rooms, and will only vote for him who, according to my conviction, is the most worthy. So help me God. The presiding burgomaster reads the oath aloud and all those present say the words : " I swear to it." Sec. 3. Then 3 electoral committees, each of which consists of 2 members of the Senate and 2 members of the Corporation, are formed by first distributing voting slips among the members of the Senate, with the exception of the presiding burgomaster, and then among the voters of the Corporation. Two of these slips are numbered I, two are numbered II, and two are numbered III. while the rest are unnumbered. Sec. 4. Each electoral committee goes into the room assigned to it for the election. The members of the Senate and the voters remain- ing in the conference chamber elect by ballot from their midst 2 members of the Senate and 2 members of the voters who receive ballots in case of a general election (sections 9 and 10). Sec. 5. The members of the electoral committee are not permitted to speak in a low tone to anyone, nor to leave the election room until after the election. No communication can take place between the electoral committees or the members thereof, nor can they communi- cate with any of those remaining in the conference chamber. Sec. 6. The member of the Senate who has held the office longest is the presiding officer of the electoral committee. The procedure of the election begins with each member of the electoral committee naming such citizens as he thinks especially fitted for the vacant post. No member of the electoral committee can be named in his own com- mittee. They can, however, name members of the other committees. Sec. 7. The presiding officer, after eliminating from the completed list of persons named those who according to the clauses of the Con- stitution are not eligible for election, invites the members of the electoral committee frankly to discuss those persons remaining on the list of names. Sec. 8. After the conclusion of the discussion,, they proceed with the election of those nominated by the committee. Every member of the committee writes down the name of him whom he considers most worthy among the remaining candidates. If at least three votes are CONSTITUTION OF LUBECK. 167 recorded for the same candidate, his name must be submitted by tho electoral committee. If, however, the votes are divided am(m^ -^ or 4 persons and the required number of vot-es can not be attained after repeated casting of votes, a committee of one is chosen by lot fi'om the members of the electoral committee to decide which of the names receiving only one vote shall be stricken from the list of candidates. Thereupon another vote is taken on the candidates remaining on the list. If two candidates should receive the same number of votes and this should remain the same after repeated voting, a connnittee of one is again chosen from the members of the electoi-nl c(Hnniittee, who in this case has to decide which of the two candidates in ques- tion shall be nominated by his electoral committee. Sec. 9. As soon as an electoral committee has concluded its elec- tion, the burgomaster presiding in the Senate is notified. After the notification has come from all three electoral committees, the mem- bers thereof are again invited into the conference chamber. The presiding officer of each committee then gives the name of the can- didate proposed. If all the electoral committees should propose the same candidate, the burgomaster presiding in the Senate immediately declares him elected as a member of the Senate. If. however, two or three different candidates are named, one of these must be chosen without further discussion regarding the candidates by the electoral assembly by secret ballot and with an absolute majority. Sec. 10. If among the three candidates proposed, the votes are so divided that none of them receives a majority over the combined votes of the other two, the election is continued after eliminating the candidate who has received the smallest number of votes. If, however, all three of the candidates or tw^o of them should receive the same number of votes, another vote is taken in order to remove the tie; should this not succeed, five men frcm those taking- part in the election are chosen by ballot for a committee which pro- ceeds into a special room. There they decide by majority vote who of the nominees that have received an equal number of votes shfill be taken off the list of candidates. Voting then takes place again on the remaining candidates. If the votes for the two remaining candidates are tied, and this is not overcome by taking another vote, a committee of 5 is again chosen by ballot who in this case nuist, according to majority vote, choose one of the two candidates. The candidate chosen is then declared elected by the presiding burgo- master of the Senate. If one of the electors is among those chosen by the electoral coni- mittee or among those, who after repeated voting, have received an equal number of votes, he can take part in every election, but he can not be chosen as a member of the committee (Ohmann). 168 CONSTITUTIONS OF THE GERMAN STATES. Art. 8. EAery vacancy in the Senate must be filled within 4 weeks. Should there be several vacancies in the Senate at the same time, the different elections must take place on different days. The prescribed procedure must be carried out at each election. Art. 9. There is no obligation for the acceptance of election as a member of the Senate, and everA^one has the right to resign at any time from the Senate. Ai{T. 10. At the next meeting of the Senate after the election, the new member is solenmly inaugurated in presence of the civic com- mittee (article 53) and takes the following oath: As a newly elected meniber of the Senate of this free city I vow and swear unto God: I will conscientiously achninister my office, will strive with all my power for the Avelfaro of the State, will faithfully adhere to the Constitution, will honestly hold in trust the public property, and during my terra of office, especially at all elections I will not take into consideration my personal interest, nor that of m>- relatives or friends. I will administer the laws of the State and will be just to all, rich or poor. I will be silent about all that demands secrecy but especially will I hold secret that which I am told to keep secret. So help me God. Art. 11. The members of the Senate hold their office for life and reieive during their term of office salaries as determined by the law. When and under what conditions a member of the Senate may be retired with the granting of a pension and under what circum- stances it becomes the duty of a member of the Senate to resign or to demand his resignation, is determined by the respective laws.^ Art. 12. Every member of the Senate must regularly reside in the city of Liibeck or in a suburb thereof, in which case he nmst nuiintain a business office in the city which is accessible at certain times. If at the beginning of his term he is not a resident of Liibeck, he must take up his abode there within 3 months. Art. 13. The Senate members elected from the learned profes- sions are not permitted to carry on any trade and can not under- take an additional office or occupation for continuous remuneration without previous consent of the Senate. This consent is necessary for the entrance of a member, as the head, trustee, or counsel into a company with gainful interests. Con- sent can not be given if the post brings direct or indirect remunera- tion. The consent given can be withdrawn at any time. Art. 14. The presiding officer of the Senate is chosen, from amongst its members for a period of 2 years and has the title of burgomaster during his term of office. ^ See the act of December 29, 1851, and April 7, 1875, in regard to the retiring of the members of the Senate, and its amendment of July 21, 1879. CONSTITUTION OF LUBECK. 169 He is elected by secret ballot with an absolute majority, and if Ihis is not reached immediately through the first ballot, another election must take place from the two persons receiving the most votes. If the election results in a tie, the procedure must be according to article 7, section 10, paragraphs 2 and 3. The retiring presiding officer can not immediately be reelected. Should the presiding officer withdraw from the Senate during I his term of office, his successor is only elected for the remainder of - his predecessor's term. The elected member does not. however, lose his eligibility for the next election. Art. 15. In case of absence the burgomaster is represented by the member of the Senate who has just presided before him in the Senate. If a member of the Senate who has presided is not present, the \ Senate elects for the time being a representative of the incumbent burgomaster, according to the method prescribed for the election of burgomasters. Art. 16. The assignment of business among the members of the y Senate (Rats-^etBung) takes place every two years at the beginning of December; the precedence thus determined goes into force with the beginning of the next year. It is, however, the privilege of the Senate under extraordinary circumstances to make changes in tlie interim in the assignment of business. The determination of precedence begins with the election of tb.i', burgomaster. Then the last burgomaster, the newly elected burgomaster, and 3 members of the Senate chosen by an absolute majority meet. These five persons determine, if necessary by majority vote, the assign- ment of business as well as the chairmanship of the various boards, whereupon the order of precedence is announced at the next ses- sion of the Senate and then immediately made public. Art. 17.^ The recording in the Senate and the work of the chan- cery is given to secretaries, while the care of the State archives is ■(entrusted to a custodian of archives. Art. 18. To the Senate alone is entrusted the administration of \ arious State matters, so far as the instructions following do not exactly demand the cooperation or consent of the Corporation in its entirety, (articles 20-52) or of the civic committee (articles 53-72). The communal affairs of the city of Llibeck are managed by the Senate, just as the affairs of the State, with the cooperation and consent of the Corporation and civic committee respectively, so long as, and as far as the law does not decree otherwise. Amendment of February 10, 1909. 170 CONSTITUTIONS OF THE GERMAN STATES. Title III. — The Corporation (Burgerschaft), Art. 19. The Corporation consists of 120 members (representa- tives). Its activity is carried on partly by this body as a whole (articles 20-52) and partly by committees (articles 53-72). THE CORPORATION IN ITS ENTIRETY. Art. 20. Anyone can take part in the election who has completed his 25th year, and who has had a permanent domicile in the terri- tory of Liibeck since the beginning of the 4th fiscal year {Steuerjahr) prior to the forthcoming election and has yearly paid during this period at least as much income tax as was required on an income of the lowest taxable amount. Tax payments from which the taxpayer has been exempt for some legal reason are considered as paid. In the year of the election income taxes must have been paid up to June 30th. At special elections for filling vacancies this day becomes the last day of the quarter of the year just concluded before the setting of the election day by the civic committee. Honorary citizens residing in Liibeck are entitled to take part in the election even if they do not comply with the provisions set forth in this article. PROVISIONAL ENACTMENTS. Citizens who had acquired the civic right by December 15, 1902,. and who, according to the enactments in force up to this date, had been entitled to take part in the election of representatives- retain their privilege of electing representatives, even if they do not com- ply with the provisions set forth in article 20 of the amended Con- stitution. Enactments of article 21 also apply to these citizens. Art. 21. Excluded from exercising the right of election are : 1. Those who are under guardianship; 2. Those whose property has been seized under bankruptcy until the close of the proceedings ; 3. Those against whose property, within a period of five years prior to the election, bankruptcy procedure has not been opened or taken on account of deficiency of effects ; 4. Those who within the period of 5 years prior to the election have taken the insolvent debtor's oath (civil ruling, paragraph 807) or appealed to it: 5. Those who get aid through public charity funds or have gotten such within the year preceding the election. CONSTITUTION OF LUBECK. 171 Art. 22. The election for the Corporation takes place in sections. The following sections are formed : (a) City and suburbs. Section I. It includes those citizens who for the 3 fiscal years (/Steuerjahre) preceding the election have paid at least as much income tax as was supposed to be paid for an income of 2,100 marks during that time, as well as the honorary citizens of Liibeck. There are elected 90 representatives. Sec. II. It comprises all other enfrancliised citizens. There are elected 12 representatives. (7j) The town of Travemiinde and suburbs. Sec. III. It includes those citizens who manage at their own expense an estate of at least 3 hectares or who have for the 3 fiscal years (Steuerjahre) preceding the election paid at least as much income tax as w^as supposed to be paid for an income of 2,100 marks during that time, as well as the honorary citizens of Liibeck. There are elected 15 representatives. Sec. IV. It comprises all other enfranchised citizens. There are elected 3 representatives. The regulations of article 20, para- graph 2, can be applied to sections I-III when determining the eligibility of the voter. Art. 23. The election of the members in sections I and II takes place in the following electoral districts: (1) Jacobi district and the suburb St. Gertrud. There are elected in section I 22 representatives. There are elected in section II 3 representatives.' (2) Marien-Magdalenen district and the northeast section of the suburb St. Lorenz. There are elected in section I 23 representatives. There are elected in section II 3 representatives. (3) Marien district and the southwestern part of the suburb St. Lorenz. There are elected in section I 23 representatives. There are elected in section II 3 representatives. The boundary line between the northeastern and the southwestern part of the suburb St. Lorenz runs along the middle of the Facken- burger AUee. (4) Johannis district and the suburb St. Jiirgen. There are elected in section I 22 representatives. There are elected in section II 3 representatives. The election of members in section III takes place in the following electoral districts: (6) The town of Travemiinde. There are elected 2 representatives. 172 CONSTITUTIONS OF THE GERMAN STATES. • (6)' The district of Travemiinde (the communities Brodten, Gneversdorf, Teutendorf,. Ronnau, Ivendorf, Poppen- dorf , Dummersdorf , Kiicknitz, Herrenwyk, and Sienis) . There are elected 2 representatives. (7) The district of Burgtor (the communities Gothmund, Israelsdorf, Schlutup, Wesloe, Schattin. and Utecht). There are elected 3 representatives. (8) The district of Holstentor (the communities Vorwerk. Krenipelsdorf, Schonbocken, Curau, Dissau, Malken- dorf, and Krumbeck). There are elected 2 representatives. (9) The district of Miihlentor (the communities Strecknitz, , Wulfsdorf, Vorrade, Blankensee, Beidendorf, Crum- messe, Cronsforde, Niederbiissau. Oberbiissau, Genin, Moisling, Niendorf, Eeecke, and Moorgarten). There are elected 3 representatives. (10) The district of Ritzerau (the communities Diichelsdorf, Sierksrade, Hollenbeck, Behlendorf, Albsfelde, Giesen- dorf, Harmsdorf, Nusse, Ritzerau, Poggensee, Gross- Schretstaken, Klein- Schretstaken, and Tramm). There are elected 3 representatives. For the election of representatives in section IV the districts 5 and 6 together form one voting district; similarly T and 8, as well as 9 and 10. In each one of these 3 districts one representa- tive is elected. Art. 24. Every voter can vote only in person and only in the dis- trict where he has his regular domicile. Art. 25. Whoever has a right to vote can also be elected as a repre- sentative if he is not a member of the Senate. The eligibilitv in a district and in a section is not determined by having a domicile in that district or by belonging to that section. Members of the Corporation do not represent the electoraF district or section in which they are elected, but all the subjects of the State. They are not dependent upon directions but have only to follow their own convictions regarding the welfare of the State. Art. 26. No obligation exists for the acceptance of the elections. The election is considered as accepted if the candidate chosen has not notified the speaker of the Corporation of his refusal within seven days after notification of his election. Withdrawal from the Corporation is permitted without a state- ment of reasons. This is done by a written statement addressed to the speaker of the Corporation. A representative is obligated to retire from the Corporation if he gives up his domicile in Liibeck or if he, according to articles 21 CONSTITUTION OF LUBECK. 173 and 25 of the Constitution, is no longer eligible for election as member. The question whether a representative has lost his eligibility is decided by the joint administrative boards of the Corporation and the civic committee. Art. 27. The representatives are elected for a term of 6 years. Should a member retire before that time, a supplementary election for the remainder of his official term takes place. On the first Monday in December of every other year those repre- sentatives retire who have been elected into the Corporation six years ago, as well as those who have been elected into the Corporation to serve the remainder of the term of their predecessor. The elections take place regularly every two years. But as soon as the number of present representatives has dropped to 108, a sup- plementary election must take place at once to replace those retiring before the end of their term, provided a regular election does not lake place within the next 6 months. Outgoing representatives can be reelected immediately. Art. 28. In the various sections of the municipal and suburban districts and in the various districts of the town of Travemiinde and its immediate surrounding territory all candidates for rep- resentatives are elected at the same election. Those receiving the majoritj' of votes are considered elected. If in a section or district representatives are to be elected for periods of different lengths, those receiving the greatest number of \otes are elected for the longer terms and the others are elected for shorter terms, varying according to the number of votes received. In case of a tie, the lot to be drawn by the chairman of the elec- toral committee, or in the several subdivisions {Unterhezirke) (article 30, paragraph 3) a lot drawn by the speaker of the Cor- l)oration decides the election. Supplementary elections for those who have been elected more than once, or for those who have declined, the election proceeds ac- cording to the regulations in paragraph 3 of article 27. Art. 29. The election for the Corporation takes place in the first twenty days of November. It is set for the same day in all the districts and precincts of the town of Travemiinde and its imme- diate surrounding territory and for a later day in all districts and precincts of the cit}' and the suburbs. .The days for the election are set by the civic committee in September. The elected members take up their duties in the Corporation on the first Monday in December. If a special supplementary election becomes necessary (article 27, paragraph 3) the civic committee must set the day for the election 174 CONSTITUTIONS OF TIIE GERMAN STATES. as soon as the possibilities arise. Those elected enter into the Cor- poration at the meeting following the announcement of the results. The speaker of the Corporation summons the vot-ers at least 7 days before the election through an announcement in the official bulletin and in addition to this in the rural electoral districts through local notices. Art. 30. The election is in charge of an electoral committee. In the districts 5, 6, 7, 8, 9, and 10 an electoral connnittee is formed for both sections combined, while in the other districts each section has a committee. The civic committee can establish several subdivisions in an elec- tion district. In this case a special committee has to be formed for every subdivision. The electoral committee consists of 5 members. The civic com- mittee appoints the chairman, who must be a member of the Cor- poration. The committee chooses a secretary frcmi its midst. In supplementary elections the noraiiiaticm follows the settino- of the election day. All members of the election committee must be citizens. They are obliged to follow the election if they can not prove that illness or an urgent journey hinders them from it. Art. 31. The proceedings of the election must be recorded in every jjrecinct and district. The names must be entered of all those who have received vote? in the order of their majority and with the num- bers of votes received. The record must be signed by the chairman and the secretary and must be immediately sent after the close of the election to the speaker of the Corporation. The joint business conunittees of the Corporation and of the ciA'ic committee must then decide the result of the election as well as the eligibility of the member. Art. 32. The speaker of the Corporation nnist without delay make public in the official bulletin the names of the elected representatives arranged according to precincts and districts. He must notify the Senate of the results and send a written notification to those elected. Art. 33. The details of the procedure to be followed at elections are set forth in a special mode of election prescribed by law. Art. 34. At the first meeting called after the biennial supplemen- tary elections (article 27) the Corporation chooses from amongst its members for a term of two years a speaker and two substitutes. Those elected must accept the election and retire from the civic com- mittee if they are members thereof. The speaker can not immediately be reelected at the end of his term. He must accept a later second election, but can decline all further elections. If the speaker should leave the Corporation during his term of CONSTITUTION OF LUBECK. 175 otHce or be retired at his o\\n request, his successor is elected only until the next renewal of the Corporation. However, he does not forfeit liis eligibility at the next election. Art. 35. The Corporation also elects a secretary for a term of. 5 years, who is entrusted with the archives of the Corporation as well as with those of the civic committee. He obligates himself to per- form faithfully his duties by signing a written declaration in place of an oath, and he receives from the treasury a compensation for his services. The outgoing secretary can be reelected at cmce. The secretary of the Corporation must represent the secretary of the civic committee in the absence of the latter (article 56). Art. 36. The election of the speaker of the Corporation is only considered as decided when the majority of all the votes is for the same person. If this residt is not attained, another election must take ])lace from the three persons receiving the greatest number of votes, and if the required majority is not then reached, the choice must }ye made between the two receiving the most votes at the last election. If several have received an equal number of votes either in the first election or in the one following, the decision is made by lot. These regulations also apply to the election of the substitute for the speaker as well as to the election of the secretary of the Cor- poration. Art. 37. The Corporation meets at the summons of the speaker. Definitely set days are the third Monday in March, July, and Sep- tember, and the first Monday in December. Meetings of the Cor- poration must be called whenever the Senate considers it advisable or the civic committee wishes it or when at least 30 members send to the speaker a written request with a statement of the purpose. The time and the place of the meeting must be agreed upon by the speaker and the Senate commissary in charge of transactions with the Corporation. Art. 38. With the exception of urgent cases every meeting of the Corporation must be announced by the speaker seven days before in the official bulletin of Liibeck. At least three days before the meeting, he must send to every member besides a printed invitation, a copy of the questions to be considered by the Senate. Art. 39. The speaker of the Corporation presides and conducts the meeting. Should he be prevented or wish to take part in the discussion of a question, one of his representatives takes his place according to the succession determined by the election. Art. 40. The Corporation can adopt resolutions if at least half of its members are present at the meeting. Art. 41. Commissaries of the Senate are present at the meeting of the Corporation and are entitled to take part in the discussion. Their presence, however, is not required if it is a question of election 176 CONSTITUTIONS OF THE GERMAN STATES. or of matters which the Corporation can decide without the coopera- tion of the Senate. Art. 42. The meetings of the Corporation are generally public; the public is excluded when the Senate or the Corporation requests it. Art. 43. Section 1. A free discussion of the matter under consid- eration precedes every vote. Then follows the voting on definite questions presented by the chairman in such a way that they can be answered by yea or nay. Sec. 2. The voting is done by rising or remaining seated. The elections to be undertaken by the Corporation are by ballot. Voting takes place by the calling of names if it is demanded by at least twenty members before the end of the discussion. Sec. 3. Resolutions are made by the majority of votes of all mem- bers of the Corporation taking part in the election. The majority of votes also decides elections. Should the result be a tie, the question under consideration is re- jected, but in an election the decision is made by lot. Sec. 4. Whoever wishes to propose additions, limitations or other changes nmst before their discussion send them in writing to tliej chairman or depose them according to their contents. Art. 44. Every member of the Corporation is entitled to make motions in regard to the proposals of the Corporation to the Senate. Such motions need only be considered if presented to the chairman in writing and if approved, after the preliminary question has beeii put, by at least ten members of the Assembly. In this case it be* hooves the one who made the motion to give further reasons for it. whereupon, after deciding whether or not this matter should be re- ferred to the civic committee, a discussion and voting take place. Should the Assembly decide in favor of the latter, the motion is rejected. Should it decide in favor of the former while the civiq committee does not regard the motion suitable to be brought before tlie Senate in its prasent or altered form, or if the Senate shoulc reject the suggestions recommended by the civic committee, then th< speaker of the Corporation must bring up for decision in the nexj meeting the question whether or not the motion should be brought before the Senate by the Corporation. Art. 45. The Corporation is entitled to ask the Senate for informa- tion regarding matters of state. However, an exception is made in this obligation of the Senate when it concerns pending transactions of foreign and Imperial affairs. Points regarding which informa tion is asked must be communicated to the Senate in writing, and the latter can decide whether to give the desired information in writing or verbally through commissaries. Art. 46. A decision must be reached on all proposals of the Senate at the same meeting at which they are made. CONSTITUTION OF LUBECK. 177 However, the Corporation is entitled to submit a motion for ap- proval to a commission chosen from amongst its members and to post- pone its decision until their recommendation has been given. If such a commission considers further information on any point necessary, it can request a conference with the commissaries of the Senate. The commissaries of the Senate are entitled to request of the commissior a statement of its opinion before further discussion of the matter. Transactions regarding the proposals of the Senate take precedence over everything and can not be interrupted by other business with- out the consent of the commissaries of the Senate. Art. 47. The statement of the decisions of the Corporation regard- ing the proposals of the Senate, signed by the chairman and the re- corder must be sent promptly to the commissaries of the Senate so as to bring it before this body. Art. 48. Procedure in the discussion of the Corporation, if not previously described, is according to an order of business decided on by the Corporation. Art. 49. A statement of the procedure of the meetings of the Cor- poration must be sent Avithin three days to the presiding burgomas- ter of the Senate and must be published in print unless secrecy has been voted. The joint resolutions of Corporation and Senate are published by the latter in the official bulletin, unless reasons for secrecy in the in- terest of the State prohibit it. Art. 50.^ The consent of the Corporation is necessary: I. For every change of the Constitution; II. For every acquisition and alienation of sovereign rights; III. For the proclamation, authentic interpretation, modification or abolishment of laws, as well as for orders regarding commercial atfairs; police ordinances and the execution of regulations in regard to the established laws are, liowever. decided by the Senate alone, but in the proclamation the law must be specified the execution of Avliich it concerns; IV. For the levying, abolition, and modification of direct or indi- lect taxes, and for duties of all kinds, inclusive of fees. I]^ matters mentioned in section III, clause 2, the Senate de- termines the fees alone if they are to be used as compensation for the special service of the State which is set forth in a police ordinance or in a regulation which concerns the execution of existing laws. For further establishment of such fees which are determined by the decision of the council and citizens, the consent of the Corporation is necessary; 1 Article 56, IV, supplemented by law of March 22, 1911. 92975—19 ^-32 178 CONSTITUTIONS OF THE GERMAN STATLh. V. For the permission to hold public religious exercises when it concerns religious societies to which this privilege has not yet been granted ; \^I. For the granting of privileges; VII. For regulations for which, in accordance with the established law, the boards of directors of private endowments must have the consent of the Senate and the Corporation; VIII. For decisions which concern the applicability of the ex- propriation law in regard to the making of an investment; IX. For the conclusion of political treaties which concern com- merce, navigation, or similar questions which are subject to the ap- proval of the Corporation. Art. 51. The Corporation is also entitled to take part in: X. The administration of 'the public funds, of the funds of the Evaiigelic-Lutheran communities and of public charitable institu- tions. In tliis connection the following regulations nmst be followed: 1. Tho administration of public property is assigned in general to the authorities, but is subject to the instructions and supervision of the Senate. No important changes, however, can be made with- out the consent of the Corporation in the sphere of operation of the ditferent committees and in the traditional administration and use of public wealth. The acquisition and sale of public property is' especially prohibited, neither can it be given in hereditary lease nor be mortgaged. 2. The boards of the Evangelic-Lutheran churches and charitable institutions must have the consent of the Corporation for all measures for Avhich^ according to the established laws, they have the approval' of the Senate and the Corporation. 8. The State budget and the general budget for public charities must be submitted yearly to the Corporation for its approval. But neither the Senate nor the Corporation can on this occasion refuse its consent for the income or expenditure already granted by special decision of the council and citizens. 4. All expenditure of public funds is as a rule subject to the ap- ])roval of the Corporation. The latter, however, must give its con- sent when the Senate recommends an increase over the funds allowed in the State budget for its honorary expenditures (Ehrenausgahen) ^ or for the defrayment of expenses concerning diplomatic transactions or embassies. In the former case the Corporation is entitled to request from the Senate a statement of payments made from the entire sum. The account for the diplomatic transactions and em- bassies must be presented to the Senate as well as to the finance department, so as to serve as a supplement to its general statement. CONSTITUTION OF LUBECK. 179 in which capacity it like all other accounts is submitted to the memorandum of the auditing committee. 5. Xo new Government loan can be made without the consent of the Corporation nor can the old plan for redeeming a State debt be changed. 6. The Corporation is entitled to a statement concerning the yearly administration of the finance department and of the auditing com- mittee. The leport of the municipal treasurer can only be audited once a year and by common consent of the Senate and Corporation. The revised reports submitted within the course of the year by the auditing coiiunittee concerning different administrative bills, and those submitted by the higher school boards and by the central charity deputation {Zentrdl-Armendeputation) must be laid before the Cor- ; poration with their respective bills. Art. 52. When a treat}^ is to be concluded by the State, or when under other extraordinary circumstances the Senate and the Corpora- tion should agree that the question under consideration, on account of its secret nature, is as little suited for the discussion with the civic committee as with the Corporation, a secret commission must be appointed which must exercise the power of the civic committee and the Corporation, unless in individual cases the authority of the com- mission is limited by the Corporation. The Corporation determines the number of members to be chosen f(n- this commission, which must be increased whenever the Corpora- tion, be it on its own accord or at the suggestion of the secret com- mission, considers it advisable. A decision of the secret commission is valid only when it is formed by the majority of all members. Should the secret commission have accepted the instruction of the deputy who is authorized to conclude a treaty, the Corporation can only refuse its acceptance, if the secret commission has gone beyond its authority or the treaty has not been concluded according to instructions. The procedure for the transactions of the secret commission is determined by law. 11. THE CIVIC COMMITTEE. Art. 53. The civic committee consists of thirty members, who are chosen by the Corporation from amongst its members for a term of two years in such a way that those who received the majority of votes at every election are considered as elected. The speaker of the Corporation and his representatives are not eligible; all other members of the Corporation are bound to accept the election. 180 COKSTITUTIONS OF THE GERMAN STATES. Art. 54. Generally on the first Monday in December 15 members withdraw from the civic committee. The Corporation holds a meet- ing on the same day on which the new members are elected. These must never number more than half the members of the civic com- mittee. In case of death or other circumstances affecting the regular change, the civic committee chooses individual members who remain in this committee longer than two years, but never longer than three. The outgoing members are eligible again after a year has elapsed. New elections take place in the next meeting of the Corporation for all members having retired during the year. Art. 55. In the first meeting that follows the regular yeaily sup- plementary election (article 64), the civic committee elects from amongst its members a speaker and two substitutes for a term of one year. The elected members are bound to accept the election. The retiring speaker can be reelected for another year if he remains in the civic committee, but he is not bound to accept this < election. If, however, after not having been a member of the civic \ committee for a time he is elected to- it again and chosen speaker, it is his duty to accept this and any other election under similar cir- cumstances. All other elections for speaker of the civic committee he is entitled to decline. Should the speaker retire from the civic committee during his term of office or be dismissed therefrom, his successor can only be elected for the period until the regular renewal of the civic com- mittee. Art. 56. The recorder is elected by the civic committee for a term of five years. In taking up his office he must follow the same regu- lations as those prescribed for the recorder of the Corporation (article 35) ; he is also paid from the treasury for his services. The retiring recorder can be reelected immediately. The recorder of the civic committee can not at the same time be the recorder of the Corporation, but he must take the place of the latter in case of absence and also be the keeper of the archives. Art. 57. For the election of the speaker and his deputies, as well as for the recorder it is necessary that the majority of all votes be for one and the same person. In case another voting should be neces- sary, the mode of election must be the same as for the speaker and recorder of the Corporation (article 36) . Art. 58. With the exception of the month of August the civic com- mittee meets regularly every fortnight in the town hall at the same tittle when the Senate convenes. For any special occasion the Senate can have it convoked by the speaker. The speaker himself is entitled to call a meeting of the civic committee whenever he considers such to be necessary, but he is bound to do so as soon as six members of CONSTITUTION OF LUBECK. 181 the civic committee desire it and state in writing the purpose for the simimons. Art. 59. The speaker of the civic committee presides over the meetings and directs the procedure of business. In case of absence one of his deputies takes his place in the succession as determined by the election. Should the speaker and his two deputies be absent at the same time or have withdrawn from the civic committee before a new election took place, then the speaker of the Corporation and his deputies must summon the civic coniniittee. In the first instance the meeting concerns the election of another speaker. Art. 60. At least two-thirds of all members of the civic committee must be present in order to form a valid decision. Art. 61., The motions of the Senate are drawn up in writing and presented to the civic committee by commissaries, after which they discuss them with the latter. The voting on such motions takes place after the departure of the commissaries of the Senate. Art. 62. Resolutions of the civic committee on the motions of the Senate must generally be passed in the same meeting in which they were presented. The civic committee can, however, submit a motion of the Senate for approval to a commission chosen from amongst its members, or postpone the discussion of the question until it convenes again. In the first instance the commissaries of the Senate are en- titled to information i-egarding the opinion of the commission before the civic committee discusses the matter any further. Art. 63. Should the civic commission wish further enlightenment on any point, it is entitled to ask for another discussion with the commissaries of the Senate. The commission to which has been submitted a motion for ap- proval is entitled to the same privilege. Art. 64. If in case of voting a tie should result, the question under consideration is rejected, but the lot decides at an election. Art. 65. A record must be kept of the procedure of every meeting of the civic committee. Should it contain decisions on the motions of the Senate, propositions to the Senate, decisions on appointments and elections, it must be sent in the form of an abstract signed by the recorder to the commissaries of the Senate. Should the civic committee not accept the motion of the Senate, the reasons therefor must as a rule be stated in the abstract of the record. They may, however, be forwarded later. Art. 66. The regulations for business procedure of the meetings can be decided upon by the civic committee if not otherwise deter- mined by above-mentioned provisions. 182 CONSTITUTIONS OF THE (JKRMAN STATES. Art. 67. Unless the nature of the discussion is confidential, the record of each meeting of the civic committee has to be printed and published and a despatch thereof be sent to the speaker of the Cor- poration within three days. After the conclusions of the transactions with the civic committee, the speaker is entitled to demand for ex- amination all documents sent by the Senate to the civic committee. Art. 68 Conclusions formed by common agreement of Senate and Corporation, and the authenticated statement of explanation of the civic committee are communicated by the Senate to the Corporation in the next meeting of the latter. All conclusions are published by the Senate in the official bulletin, unless secrecy is necessary for reasons of interest to the State. Art. 69. The civic committee exercises the authority of the Cor- poration when it concerns : 1. The appropriating of sums which in a single case, or in case of several appropriations for the same purpose in the same calendar year, does not exceed the total sum of 6,000 marks yearly expendi- ture, provided the appropriation in the individual case does not prevent the decision of another question, which constitutionally must have the consent of the Corporation ; 2. The expenditure of the sums which have already been granted in the State budget, provided the individual administrations are not entitled to the use of these sums ; 3. The acquisition or sale of property for the State, for Evan- gelical-Lutheran Church communities, for public charitable institu- tions and for private endowments, provided no acquisition or aboli- tion of sovereign rights is connected therewith and the value of the property does not exceed 12,000 marks (article 50, VII; article 51, X. 1 and 2) ; 4. The change in the administration or use of property of the State, of Evangelic-Lutheran Church communities, of public insti- tutions for charity and of private endowments, if the value is not greater than 12,000 marks (article 50, VII; article 51, X, 1 and 2) ; 5. The disposition of monuments or of historic relics; lastly, 6. The conclusions which have been submitted to the civic com- mittee by common consent of the Senate and Corporation. Whenever the civic committee rejects a motion of the Senate, the latter is entitled to bring the same proposition before the Cor- poration. Art. to. On all questions which the Senate must transact with the Corporation, it is necessary for the Senat/e fii'st to obtain the opinion of the civic committee before submitting the motion to the Cor- poration. CONSTITUTION OF LUBECK. 183 Art. 71. The civic committee is competent to submit motions and proposals to the Senate, be it of its own accord, or in consequence of a proposition laid before it by the Corporation (article 11). Art. 72. The civic committee appoints the members for the seci\'t commission (article. 52), the communal participants of joint coinmi>'- sions of the Senate and Corporation, as well us the civic depiities for those administrations for which the Corporation or the civic com-- mi ttee can nominate members. For the election of civic deputies for other administrations the civic committee must propose to the Seiniti' 2 citizens who in its opinion are best suited for that office. The nominations, as well as the proposals of names can refer to all persons wiio are entitled to take part in the elcH'tion for tlic Cor- poration. Title IV. — Procedure in the case of continued disagreement hetveen Senate and Corporation. Art. 78. Should there be a continued disagreement in the transac- tions concerning the propositions of the Senate to the Corporation, or the propositions of the Corporation to the Senate, the follow'ing regulations must be observed: Art. 74. If a disagreement prevails ih the Senate and Corporation regarding the authentic interpretation of established laws, especially when the provisions of the Constitution are contested, or a riglit is disputed which has been claimed by the Senate or Corporatioii i]i virtue of the Constitution,' an attempt is first made to adjiist the disagreement by a mutual understanding. If this is not effected, the controversy is submitted to the judicial decision of the Hanseatic provisional court of appeals.' The procedure to be followed is set forth in a special agreement between Senate and Corporation. Art. 75. Should the opinion of the Senate and the Corporation differ as to what is necessary for the weal of the State, and should in such a case the Senate and the Corporation mutually agree that a decision cannot be postponed without great disadvantage to the common weal, the disagreement must be adjusted by a decision of an awarding commission. However, changes in the Constitution cannot be made by the award of such commission. Art. 76. The awarding connnission is composed of seven members of the Senate and seven members of the Corporation. They are elected by secret ballot, the former by the Senate, the latter by the Corporation. 1 See the agreement of the free Hanseatic cities on tlie establistiment of a common provisional court of appeals d. d. Hamburg, June 30, 3 878, and the notice of July 21. 1879, concerning the amendment thereof. 184 CONSTITUTIONS OF THE GERMAN STATES. Art. 77. This election takes place the same day on which the Senate and the Corporation have come to a perfect understanding that an awarding commission should meet, and what question should be submitted to it. Art. 78. The members of the Senate by virtue of their oath of council, and the members of the Corporation b}^ virtue of their oath of citizenship, are bound to accept the election. A new election can only be resorted to in case of illness or absence. Art. 79. The members of the Senate, and the members of the Cor- poration, elected for the aAvarding commission, must take the follow- ing oath in the presence of the civic connnittee not later than at the next meeting of the Senate following the election : I vow and swear to God that in the decision which I am called upon to give on the prevailiuj,^ disagreement between the Senate and the Corporation I will only be gnidtd by the consideration for the connuon weal ; that my award shall l)e to the best of my knowledge and conscience ; that I will never inform anyone in regard to matters discussed in the commission, especially not how the decision was reached, and how I myself and the other members of the com- mission voted, but that I will keep the most scrupulous secrecy concerning all. So help me God. Art. 80. The conuuission elects its chairman from its own members of the Senate by secret ballot. Art. 81. The lot determines the order in which the remaining members must take their seats and cast their votes. The chair- man can give his vote only after the other members have done so. Art. 82. The majority of all members of the commission is re- quired in order to pass a resolution. In case of a tie, the commission appoints from amongst its mem- bers a committee consisting of three members of the Senate and three members of the Corporation, who must agree on the deci- sion to be pronounced by the awarding committee. Art. 83. The decision of the awarding commission must be pro- nounced at the latest a fortnight after the members have taken their oath. The decision, after having been signed by all the members in the final meeting and having been sealed, is presented by two mem- bers of the conuuission to the presiding burgomaster of the Senate. Art. 84. Should the awarding commission in its conference have formed the conclusion that the dissension, prevailing in the Senate and the Corporation, should have been presented for decision in a different manner from what it was, and that a proposition by the commission would be more advantageous for the conunon weal, then its proposal, which is sealed and accompanied by the a^yard concerning the question under consideration, must be submitted to the Senate. CONSTITUTION OF LUBECK. 185 In a case like this, the proposition submitted by the commission must have the precedence over all other transactions of the Senate and the Corporation. The award itself remains unopened in the Senate until the discussion has been concluded. Art. 85. The award of the commission is opened and read by the ]jrcsiding burgomaster in the sitting! of the Senate and in the pres- ence of the Corporation within eight days after its receipt, or after the contingent proposal for mediation (article 84) has been rejected. The award has in tjiis case the validity' of a decision of the council and citizens. MECKLENBURG-SCHWERIN.— MECKLENBURG -STRELITZ. The Grand Duchies of Mecklenburg- Schwerin and Mecklenburg- Strelitz have no written constitutions. The following facts concern- ing the government of the two States are based on the account found in Posener, Die Btaatsverfasswrigen des Erdhalls^ pp. 282-284. The Grand Duchies of Mecklenburg are monarchies limited by Estates. According to the constitution of the Provincial Estates, an out- growth of the long struggles of the Lords and landed proprietors, knights and cities, both States have a common Diet. The struggles for a constitution on the part of the Estates begaii toward the end of the 16th century. Simultaneously Avitli the in- creasing power of the Central Government in exercising the regalia maiora^ a corporative organization of the landed proprietors was formed for the purpose of lending constitutional support to the Gov- ernment. This organization of the Estates was instrumental in bringing about the so-called Union of the Provincial Estates in 1523^ a league between the prelates, knights, and Estates for the purpose of protecting their rights and maintaining unity. In the following century the rights of the Estates were further developed. The rulers, in constant pecuniar}^ need, could secure money from .the Estates only by guaranteeing privileges and rights to them. The struggles between the rulers and the Estates continued, until on April 18, 1755, the Hereditary Constitutional Agreement was made, according to which the unity of the constitutions of the Estates was conceded by the rulers to the Estates. This document forms the basis for the present constitutional rights. After the dissolution of the Holy Roman Empire the Estates again succeeded in asserting their rights. By the so-called Order Patent of November 28, 1817, a compromise tribunal was instituted for de- ciding all questions arising between the rulers and the Estates. The Revolution of 1848 aroused especially in those members of the Estates who did not belong to the nobility the desire for consti- tutional reform. Thereupon a Chamber of Deputies, elected on the basis of a provisional election law, drew up a constitution for Mecklenburg-Schwerin, in conjunction with the Government. It was published for Mecklenburg-Schwerin on October^ 10, 1849, simultaneously with the abolition of the Estates. The deputies of the 186 MECKLENBURG-SCHWERIN AND MECKLENBUBG-STKELITZ. 187 knighthood, however, protested and were instrumental in having a Court of Arbitration summoned on the basis of the Order of No- vember 28, 1817, which decided on September 12, 1850, that the constitution and the Schwerin order concerning the abolition of the constitution of the Estates of October 10, 1849, were invalid, and that it was the duty of the Government, according to the provisions of the Hereditary Constitutional Agreement of 1755, to call a Diet. On the basis of this arbitral decision the old conditions were re- stored by the Order of September 14, 1850. New attempts to reform the constitution of the Provincial Estates failed. Property ownership and rights connected therewith form the basis of the constitution. The property of the ruler, the domains, is not represented in the Diet. The representation includes the delegates of the rural property owners {Rifterschaft) and those of the cities {Landschaft). The former are composed of all those possessed of equestrian es- tates, regardless of whether they belong to the nobility or not, about 700 in number, the latter are the authorities {Biir germeister) of the 47 cities and the coast towns of Rostock and Wismar. The knight- hood also represents the J^mall-farm tenants and peasants. Both Estates are made up on the basis of the two former Duchies, Schwerin and Gustrow, or three districts. The Duchy Schwerin forms the Mecklenburg district, while the Duchy of Gustrow is divided into the districts Wenden and Stargard. E^ch district has a marshal of hereditary lands {ErhlandmarschalV) ^ each duchy has 4 sub-prefects, nominated by the Estates and named by the Grand Dukes. The3^ together with a burgomaster of Rostock, a total of 72 members, form the directory of the Diet. Regular diets are convened late every autumn, alternately in Stern- berg and Malchin. - Extraordinary sessions may be called by the Gov- ernment. The knights and the commons meet in an assembly in which a majority vote decides. Each property owner possesses the same electoral right as each separate city. Each Estate has the right of making separate decisions, and if the decisions of the two Estates diverge, a decision of the Diet is not reached. The Estates have a deciding vote in matters pertaining to taxation and to their rights, and in all general questions and laws the favor- able opinion (ratsame Erachfen) of the Estates must be secured. Each Estate may introduce motions; the right of initiative is reserved to the Government. In the interim between two diets a smaller committee of the knights and commons, having its seat in Rostock, represents the Estates and forms a permanent college. It consists of 2 sub-pre- 188 CONSTITUTIONS OF THE GERMAN STATES. fects, 3 deputies of the knights, and 4 deputies of the magistrates of the cities of liostock, Parchim, Giistrow, and Xeubrandenburg. This committee carries out the instructions of the Diet and prepares the business. Beside the diets, " convocation diets " take place, to which only the Estates of one particular section of the country are called by the ruler in question ; also ''^ commissary-deputation " assemblies of gov- ernment commissaries and deputies of the Estates. Furthermore, the Estates call general and special conventions among themselves. The Principality of Eatzeburg and the cities of Wismar and Neu- Strelitz are not included in the constitution of the Estates. They send no representatives to the Mecklenburg diets. OLDENBURG.^ REVISED CONSTITUTION OF NOVEMBEE 22, 1852. [preamble.] We, Paul Friedrich August, by the grace of God, Grand Duke of Oldenburg, heir to Norway, Duke of Schleswig, Holstein, Stormarn, Dithmarschen, and Oldenburg, Prince of Liibeck and Birkenfeld, Lord of Jever and Kniphausen, etc., hereby make known : Having agreed with the fifth and sixth general Diets of the Grand Duchy on a revision of the Constitution of February 18, 1849, we now make publicly known hereinbelow the Revised Constitution for the Grand Duchy of Oldenburg in the form of the altered and un- altered provisions of the Constitution of February 18, 1849, as adopted by the fifth and sixth general Diets and approved by us. In witness whereof we have hereunto set our hand and the seal of the Grand Duchy. Given at the Palace at Oldenburg, November 18, 1852. AUGUST. V. RossiNG. Romer. Krell. v. Berg. Mutzenbecher. part i. the grand duchy, the grand duke, and the ministry of STATE. Article 1. Section 1. The Grand Duchy of Oldenburg consists: (1) Of the Duchy of Oldenburg, of which the dominion of Jever constitutes an integral part; (2) Of the principality of Liibeck; (3) Of the principality of Birkenfeld. Sec. 2. These component parts of the Grand Duchy constitute an indivisible State, united according to the provisions of the present Constitution and indivisible under the government of the descendants of the Duke Peter Friedrich Ludwig. Art. 2. Sec. 1. The Grand Duchy is a member of the German Confederation and as such shares all the rights and duties arising under the Federal Constitution. Sec. 2. Resolutions adopted by the German Federal Power are applicable to the Grand Duchy, and after promulgation by the Grand Duke acquire binding power therein. Art. 3. Sec. 1. No component part of the Grand Duchy and no right of the State or of the sovereign chief of the State may be alien- ated without the consent of the Diet. 1 Translation by Wilfred Stevens based on the text as found in Stoerk-Rauchhaupt, pp. 235-270. 189 190 CONSTITUTIONS OF THE GERMAN STATES. Sec. 2. Even rectifications of the boundary require the consent of the Diet if they involve the necessity of citizens' leaving the juris- diction of the Grand Duchy, or of Crown or State property being given up, or of communal or private real estate being ceded against the will of the owners. Art. 4. Sec. 1. The form of government is monarchial, restricted by the provisions of the present Constitution. Sec. 2. The Grand Duke, as supreme head of the State, unites in himself all the rights of the State power and exercises them accord- ing to the Constitution. Sec. 3. His person is sacred and inviolable. Sec. 4. He shall sue and be sued, with respect to his private-law concerns, before the courts pf the land. Art. 5. The Grand Duke orders the promulgation of the laws, without ever being permitted to postpone such promulgation, and issues the necessary decrees for their enforcement Art. 6. The Grand Duke represents the Grand Duchy externally. He concludes treaties with other States ; however, these require the consent or sanction of the Diet if they — (a) Relate to a subject in regard to which the State Government can not, without the consent of the Diet, adopt measures validly and constitutionally ; or (h) Are commercial or navigation treaties and not simple reci- procity treaties; or (c) Impose special burdens upon individual citizens of the State. Art. T. Sec. 1. The Grand Duke directs and oversees the whole internal administration of the land. Sec. 2. He appoints or confirms, directly or indirectly, all Govern- ment employees, civil or military (officers and military officials). Art. 8. The whole military establishment is under the suj^renie command of the Grand Duke. Art. 9. The rewarding of distinguished services shall devolve ui)on the Grand Duke. Art. 10. The Grand Duke exercises the right of pardon; however, in cases which are based on a complaint made by the Diet, (mly with the consent of the latter. Art. 11. According to the agreement of June S, 1825. guaranteed by the German Confederation, the Grand Duke has the lordshij) over the dominion of Kniphausen. the owner of the dominion, and his family. Art. 12. Sec. 1. The Gralid Duke is not responsible for the exercise of the governmental power. Sec. 2. The Ministry of State, under the Grand Duke, takes care of the conduct of the Government. CONSTITUTION OF OLDENBUBG. 191 Sec. 3. All governinental decrees of the Grand Duke require, for t heir validity, the counter-signature of a member of the Ministry of State, whereby this member assumes the personal responsibility. Sec. 4. Every member of the Ministry of State is responsible for Uis acts and omissions in State affairs and is under obligation to furnish information to the Diet in regard to them. Sec. 5. The Grand Duke appoints and dismisses the members of ( he Ministry of State solely on his own resolution, the above-men- tioned counter- signature not being necessary in this case. Art. 13. The heir to the Grand Duchy, after attaining the age of 1 !m\v of October 19. 1904. added pars. 2-4 to article 17, sec. 1. 192 CONSTITUTIONS OF THE GERMAN STATES. The agreement reached between the Grand Duke and the Diet re- garding the separation of the domanial property into Crown property and State property of February 5, 1849, (Appendix I to the revised Constitution) shall remain in force also for the duration of the Gov- ernment succession provided in paragraph 1 above. Sec. 2. Inheritance on the female side is precluded even after the extinction of the male line. Art. 18. If concern should ever arise regarding a successor to the Government in the absence of a prince entitled to succeed under the Constitution, provision shall be made in due time b}^ the Grand Duke and the Diet for a successor to the Government by means of an additional clause in the Constitution. Art. 19. The Grand Duke is of age as soon as he has attained his eighteenth year. Art. 20. A regency shall be appointed if the Grand Duke is a minor or is otherwise permanently prevented from exercising the power of government. Art. 21. With the consent of the Diet, the Grand Duke is author- ized to appoint a regency in advance for the case in which his suc- cessor might, at the time the Government became incumbent upon him, be prevented from assuming it himself by minority or other- wise. Art. 22. Sec. 1. In the absence of such an arrangement, or in case the Grand Duke should himself be prevented from exercising the governmental power, the regency shall devolve upon the prince who is next in the line of succession and who has attained his majority and is capable of governing. Sec. 2. If such a prince is lacking, the regency shall devolve upon the wife of the Grand Duke, then upon his mother, and finally upon his grandmother on the father's side, provided and as long as the latter have not remarried. Art. 23. Sec. 1. In case the Grand Duke is a minor, the legal regency (article 22) is established ipso facto; in the other cases of articles 20 and 22, however, the Ministry of State must, either on its own motion or at the instance of the Assembled Diet or of the per- manent Dietary Committee, call a meeting of the princes of the Grand Ducal House who are of age, with the exception of the one upon whom next devolves the regency, and they shall decide in regard to the necessity of a regency after first hearing the opinion of the Ministry of State. Sec. 2. This decision shall at once be submitted for approval to the Assembled Diet or to a Diet to be called in extra session. Art. 24. If such a decision is not reached within three months after the invitation has been sent to the princes who are of age (article 23) , CONSTITUTION OF OLDENBURG. 193 the Ministry of State itself shall adopt a resolution regarding the necessity of a regency and transmit it to the Diet for approval. Art. 25. Sec. 1. The regent shall exercise the governmental power constitutionally in the name of the Grand Duke and as it be- longs to him himself. However, he shall not be permitted to recom- mend an amendment to the Constitution unless he has first obtained the consent of the ndult princes of the (xrand Ducal Hou^e (ar- ticle 23). Sec. 2. The provisions of articles 14 and 15 are applicable also to the regejit. Art. 26. A regency which has assumed charge owing to the minor- ity of the Grand Duke shall cease as soon as the latter becomes of age. In the other cases in which a regency takes control, it slmll l)e ter- minated in the manner prescribed in articles 23 and 21. Art. 27. With the exception of the mother and grandmother, a regent shall not be permitted to exercise a guardianship over the minor Grand Duke. Art. 28. Sec. 1. If the last governing Grand Duke has made no arrangements in the matter, the education of the minor (irand Duke shall devolve firstly upon the mother and then on the grandmother on the father's side, provided and as long as they are not remarried. Sec. 2. In the absence of such, the person to be charged w-ith the education shall be appointed in the manner prescribed in articles 23 and 24. Sec. 3. In all cases the consent of the Ministry of State shall be required for the acceptance of the other persons necessary for. the rearing and education of the minor. Art. 29. Sec. 1. In other respects the relations of the grand ducal household shall be determined by the Grand Duke according to the family law. Sec. 2. The family law' shall be submitted to the Diet for its in- formation and, as far as necessary, for its approval. PART II. THE RIGHTS AND DUTIES OF CITIZENSHIP IN GENERAL. Art. 30. The right of Oldenburg State citizenship (State allegi- ance) and the consequent local citizenship (communal membership) are acquired and lost according to the more particular provisions of the laws. Art. 31. Sec, 1. All persons are equal before the law^ Privileges of birth or station do not exist. Sec. 2. The public offices are equally accessible to all persons capa- ble of holding them, provided they fulfil the conditions prescribed by the law. Sec. 3. Military liability is alike for all; the grounds of exemption existing according to law are to be restricted as far as possible. 92975—19 13 194 CONSTITUTIOlsrS OF THE GERMAN STATES. The legislature shall regulate military liability on the basis of the foregoing provisions. Until then the hitherto existing laws shall remain in force. Art. 32. Each citizen has full freedom of belief and conscience. Art. 33. Sec. 1. The enjoyment of civil rights or of the rights of State or communal citizenship shall be neither determined nor re- stricted by religious creed. Sec. 2. Eeligious creed does not lay the ground for any difference in the duties of State or communal citizenship and is not permitted to detract in anywise from those duties. ' Sec. 3. Difference of religion does not constitute a hindrance to civil marriage. For every marriage that is permissible under the laws of the land Uie law must provide a valid form of civil wedlock. Art. 34. Sec. 1. The choice of a religious creed is left to the free conviction of each individual after attaining the age of 14 years. Sec. 2. In which religion the children are to be reared only those are to determine upon w^hom devolves the duty of education accord- ing to the civil laws. This applies particularly also to the education of children ofi mixed marriages. Sec. 3. Further regulations as to the education of children after the death of the parents will be contained in the laws. Art. 35. No person shall be compelled to perform any churchly act or ceremony. Regulations as to the observance of days of rest ordained by the Church will be provided in the laws. Art. 36. Every citizen is unrestricted in the joint domestic and public practice of his religion and its usages. Infringements of the law committed during the practice of religion and its usages shall be punishable according to law. Art. 37. Sec. 1. The form of oath shall in future read : " So help me God ! " Additions to this form, as well as special formali- ties, are permissible in accordance with the laws. Sec. 2. Instead of an oath a person whose religion forbids the tak- ing of an oath may make a vow in the form which takes the place of an oath according to his religion. ' Art. 38. Sec. 1. Personal liberty is inviolable. No person may be sentenced otherwise than according to law, and none may be pun- ished without judgment. Sec. 2. No person shall be deprived of his lawful judge. Excep-, tional jurisdictions shall not be allowed. Sec. 3. The decrees regarding the forced-labor establishments for the Grand Duchy of Oldenburg, of May 29, 1821, and for the Prin- cipality of Birkenfeld, of May 30, 1844, shall remain in force for the^ CONSTITUTION OF OLDENBURG. 195 time; however, drafts of new laws on this subject shall be submitted to the next regular Diet. Art. 39. Sec. 1. The arrest or prosecution of a person on suspi- cion of having committed a crime or misdemeanor shall take place only in the cases and in the manner prescribed by law. Except when the perpetrators are caught in the act, such arrests and prosecutions shall take place only by virtue of a judicial warrant, stating grounds. This warrant must be served upon the arrestee at the moment of arrest or within the next 24 hours, and, furthermore, the arrested person must be given a hearing by a judicial official within 36 hours. Sec. 2. If the arrest has not been made by the judicial authority competent to take charge of the remainder of the proceedings, the arrestee shall be delivered up without delay to the latter authority. Sec. 3. A police-court arrest for investigation shall require the ap- proval of the next higher court if it is to last over 48 hours. Sec. 4. Any person whom the lower police authority has taken mto custody in the interest of public order, safety, or morals must either be released within three times 24 hours or, unless he waives this right and his waiver is recorded, said low^er police authority must obtain the consent of the next higher police authority in order to continue holding him in custody. Further rules in regard to the procedure will be contained in the laws. Sec. 5. Every accused person shall be released from custody upon furnishing a bond or bail to be determined by the court, except in so far as the law may stipulate exceptions. Sec. 6. In case an imprisonment has been ordered or prolonged contrary to law, the guilty party, and if necessary the State, shall be obliged to give satisfaction and indemnification to the sufferer. Sec. 7. The places of custod}^ or prisons shall not restrict freedom any more, and the arrested party shall not be caused any greater injury or inconvenience than the legal purposes of the confinement and punishment render unavoidably necessary. Sec. 8. The modifications of the present provisions which are necessary for the army and naval services shall be reserved for special laws. Until such laws are enacted, the existing laws on the subject shall remain in force. Art. 40. Sec. 1. All dwelling houses are inviolable. Sec. 2. A domiciliary^ search shall be permissible only : (1) By virtue of a judicial warrant stating grounds, which war- rant must be served on the interested party either immediately or within the next 24 hours ; (2) In case of prosecution, by the legally authorized officials, of a criminal caught in the act; (3) In the cases and forms in which the law, by way of exception, allows certain officials to make general domiciliary searches even 196 CONSTITUTIONS OF THE GERMAN STATES. without a judicial warrant. The laws existing, on this subject are to be subjected to a revision. Sec. 8. If possible, the search of a house must take place in the presence of members of the household. Sec. 4. The inviolability of dwellings shall not constitute a hin- drance to the arrest of a person judicially prosecuted. Art. 41. Sec. 1. Except in case of an arrest or domiciliary search, the seizure of letters and papers shall take place only by virtue of a judicial order stating reasons, and this order shall be exhibited to the interested party immediately or within the next 24 hours. Sec. 2. Pending the enactment of the law mentioned in article 40, section 2, paragraph 3, letters and papers may be seized during gen- eral domiciliary searches only by virtue of a judicial order, the rules applicable to the latter being observed. Art. 42. The secrecy of letters is guaranteed. The restrictions of this rule rendered necessary in criminal investigations and in case of war shall be determined by the laws. Art. 43. Sec, 1. The death penalty (except where the law of war or martial law prescribes it or the maritime law permits it in case of mutinies), corporal punishment, imprisonment on lath beds, apology and retraction, compulsory reparation, and public exposure are abolished. Sec 2. Pending the enactment of further penal provisions, the next milder penalty shall be substituted instead of the abolished death penalty. Sec. 3. Civil death shall not be inflicted as a penalty or as the con- sequence of a penalty. Where it has already been pronounced its effects shall cease, in so far as vested private rights are not injured thereby. Art. 44. The penalty of judicial banishment shall not be im- posed against citizens of the Grand Duchy. Art. 45. The confiscation of the whole fortune or of a proportion- ate part thereof shall be impermissible. Art. 46. Sec. 1. Every person has a right to express his opinion freely in word, writing, print, or pictorially, without prejudice to the provisions of law against the abuse of this right. Sec. 2. The press shall not be placed under censorship, and other restrictions thereon through preventive measures may be introduced only by means of a law. Art. 47. Sec. 1. Every person shall be entitled, either alone or in conjunction with several others, to make petitions, representations, and complaints both to the competent authorities and to the Diet. Sec. 2. Every commune and every other corporation recognized by the State shall be free to exercise the same right through its head. CON^STITUTION OF OLDENBURa. 197 Sec. 3. When unfavorable decisions are rendered by the adminis- trative authorities, the grounds on which they are based shall be stated. Sec. 4. Reports called for by the lower authorities in order to enable them to decide shall be exhibited to the person who has complained against the decision, in case he so requests. Art. 48. Every person who believes that he has been injured in his private rights by an administrative measure shall have the courts at his disposal without requiring any special permission, subject to the provision of article 97. Art. 49. Moratoriums may be granted only by the courts in ac- cordance with the laws. Art. 50. Sec. 1. The citizens have a right to assemble peaceably and without arms, not needing any special permit for the purpose^ Sec. 2. In case of urgent danger to public order and safety, as- semblies of the people may be forbidden. > Art. 51. Sec. 1. The citizens have a right to form societies. This right shall not be restricted by any preventive measure. ■' Sec. 2. However, the Government is authorized to annul the by- laws of societies and to dissolve such organizations as pursue pur^ poses dangerous to the State, this authority being subject to further regulation by the legislature. Art. 52. The provisions contained in articles 47, 50, and 51 are applicable to the military in so far as disciplinary regulations do not stipulate to the contrary. Art. 53. Sec. 1. For the maintenance of internal peace and security and for the enforcement of measures adopted by the civil authorities, the military authority may interfere only at the express request of the competent civil authority responsible for the matter, and no further than this authority requires. Sec. 2. Before making actual use of arms and unless a case occurs warranting such action in self-defense*, the assembled crowd must be given explicit and plain warning in due time that such use is con- templated, in order that the assembled crowd as well as each indi- vidual composing it may depart. Art. 54. Sec. 1. In case of an insurrection, the State Govern- ment may, provided the other law^ful means of suppressing it are insufficient, restore and protect by extraordinary means the lawful order and the jeopardized freedom of person and property. To this end it may, in the threatened towns or districts, temporarily restrict the exercise of the rights insured by articles 39, 40, 41, 42, 46, 50, and 53, and even declare martial law, though it must announce beforehand at the place that this is to occur, and to what extent. These measures, however, require the consent of the Diet, if it is convened ; otherwise they must be subsequently justified before it. 198 CONSTITUTIONS OF THE GEKMAN STATES. Sec. 2. In cases of extreme need and urgent haste, where higher orders can not be awaited, the supreme authority of the province may take the measures in question on its own responsibility, except the declaration of martial law. Sec. 3. It is reserved for a law on sedition to determine otherwise or more particularly in the near future the forms and conditions for such extraordinary measures. Art. 55. Sec. 1. The freedom to emigrate may be restricted by the Government only according to law and with respect to military liability. Sec. 2. Emigration taxes shall not be levied. Art. 56. Sec. 1. The freedom of industry and other modes of live- lihood may be restricted only according to law, and only to such extent as is required for the public welfare. Sec. 2. Restrictions of industries and of industrial establishments on the basis of an alleged ro^^al prerogative shall not take place. Sec. 3. The restrictions now legally existing shall remain in force until repealed. Art. 57. The post offices shall not be for the purpose of affording a source of Government revenue. Art. 58. Sec. 1. Commercial and industrial privileges may be granted only in particular cases, only in accordance with the law, and only to a specified extent and for a fixed period. Sec. 2. However, patents for inventions or for importation for a maximum of 10 years do not require the consent of the Diet. Art. 59. Sec. 1. No State prerogative in regard to mills shall exist. Sec. 2. All rights of compulsion and restraint on the part of mills, including any right attached to a mill to oppose the establishment of new mills or the enlargement of old ones and to protest against the keeping of handmills and querns, are hereby abolished. The entitled parties shall have a claim for damages against the State or against the obligated parties qnly in so far as their rights are based on special contracts with the State or with the obligated parties. Art. 60. Sec. 1. Property rights are inviolable. Sec. 2. Only out of consideration for the common welfare, on the basis of a law, and after just indemnification may they be taken away or restricted. Sec. 3. This article is to effect no change in the existing right to construct dikes and dams. Art. 61. Every real estate owner may alienate his property inter vivos or for the case of death, wholly or in part, except in so far as future legislation, out of considerations of public welfare and for reasons of political economy, may prescribe restrictions in certain portions of the territory of the Duchy of Oldenburg and in the Prin- cipality of Liibeck. CONSTITUTION OF OLDENBURG. 199 The carrying out of this principle of the divisibility of all real estate is soon to be provided for by legislation, until which time the existing laws and regulations shall remain in force. As regards mortmain, restrictions of the right to acquire real property and to dispose of it are permissible in the way of legislation for reasons of public welfare. Art. 62. Sec. 1. Patrimonial jurisdiction, the jurisdiction of cities, mark jurisdiction, seigniorial police, and all other rights of sover- eignty attaching to a landed domain or to a person, as well as the privileges, exemptions, and taxes of any kind connected with these rights, shall be abolished without compensation and not introduced again. Sec. 2. With these rights the compensatory services and burdens also disappear which were incumbent upon the beneficiaries in con- sideration thereof. Art. 63. Sec. 1. All seigniorial and protectorial conditions, as well as conditions of bondage and subjection, shall cease forever and can not be reintroduced. The places and domains freed from these conditions shall become the property in fee simple of the person who possesses the hereditary farming right at the time of the promulga- tion of this Constitution. The prerogatives which belonged to a creditor of the obligated party at the time of the abolition of the seigniorial condition on the basis of the consent granted by the lord of the estate shall continue to be enjoyed by him unimpaired. Fur- ther legal questions in connection with these places and domains shall be more particularly regulated by law. Sec. 2. The following things are abolished without indemnification and shall not be reintroduced: (a) Compulsory domestic service, redemption, heriot, and any other still existing personal taxes and performances arising from the seigniorial and protectorial relation; (h) The reversionar}^ right of the manor lord; (c) Neuhruch (the duty to break new soil) and cattle tithes; (d) The right to wood on the soil of another or on servient soil, whether this right is derived from a sovereign right or a seigniorial right; (e) All compulsory service to the State, services following the land {Landfolgedienst) or court services to be rendered the State as such, and similar burdens, with the exception of communal services and burdens and emergency duties called forth by war, fire, inundation, and the like. With respect to the services and per- formances hitherto required on Government roads, a law will make provision as to what roads are Government roads. These services shall nowhere be demanded for the maintenance and construction of pikes and their appurtenances. 200 COJNSTITUTIONS OF THE GERMAISr STATES. In cases where the privileges, taxes, and services mentioned under section 2 (a) to (d) have been superseded by others since August 2, 1830, these others shall also be abolished without compensation, li they have been redeemed simultaneously with other privileges, and taxes, performances, or cash payments have been accepted for them as a whole, these latter shall, at the instance of the obligated parties and according to fixed rates to be stipulated in the compensation law, be proportionately diminished, or curtailed to the amount of capital represented by 3 per cent interest, but continue to be paid until this has occurred. At the request of the party making the payment, a promise made to refund the amount paid in excess according to the compensation law shall be fulfilled. Where payment has already been made, the amount paid shall be refunded by the State according to the proportion mentioned, with the exception of the indertmifica- tion for the abolition of the right to wood under (d). With the abolition of the rights mentioned under 1 and 2, .the compensatory services and burdens also disappear w liich the hitherto Entitled parties had to render or bear in consideration thereof. ' Sec. 3. All other services, ground retits, arid real liens, as well as tithes of an}^ origin, w^hich are not mentioned under no. 2, which arise from a seigniorial and protectorial relation that has hitherto still existed, and which have been attached to real estate, are abolished subject to compensation and to the following provisions, as well as to any other more particular ones wdiich maj^ be embodied in a law to be submitted to the next regular Diet : (a) The seigniorial and protectorial relation is regarded as having hitherto existed only in the case of the Ilofhorigen ("persons liable to statute labor '') and in the cases in which the reversionary right continues to exist up to the present. (b) The obligation to make compensation attaches as a real lien on the hitherto servient domains. {c) The indemnity shall assume the form of capital, which shall in no event exceed IG times the money value of the annual net proceeds. If the capital is to be converted into rent, this shall be done by virtue of a contract. {d) The annual net proceeds shall be determined according to the provisions of a law to be enacted, and the money value thereof shall be determined according to the average of the last 30 years. {e) The capital represented by the amount of the indemnity shall bear interest at the rate of 4 per cent from the date of promulgation of the Constitution. The couA ersions and redemptions of the privileges, taxes, and per- formances mentioned herein under no. 3 shall remain in force if the}^ have already been made validly through free agreement, through the mediation or decision of the commission for the regula- CONSTITUTION or OLDENBURG. 201 tion of seigniorial relations, or through judicial decrees. However, in cases in which the State was the landlord, those redemptions whi(.'h have been effected since August 2, 1830, shall be revised at the re- quest of the obligated parties into perpetual rents, amortization rents, or into capital, even if the payment has been completely made, and the money equivalents (^vhich must nevertheless be paid unlil that time) shall, according to the principles of the compensation law to be enacted, be moderated or curtailed or refunded and amount (capitalized) to 25 times the money value of the annual net pro- ceeds. Sec. 4. Also all other taxes and performances which attach un- doubtedly to the soil (or houses), including in particular long leases, ground hire, mill services, performances for mills, as well as taxes, services, and performances not referred to in the provisions und( c nos. 2 and 3 and arising from seigniorial relations, and likewise renis of all kinds already fixed or to be fixed for previous seigniorial privi- leges through contract or decision, and not falling under nos. 2 and 3. are redeemable without regard to the status of thp entitled and obligated parties, in so far as the legislation on the subject does not consider justified the abolition of one or the other without com- pensation. Sec. 5. Henceforth no real estate shall be burdened by any unre- deemable tax or encumbrance. Sec. 6. This article does not apply to so-called ordinary taxes pay- able to the State, or to other constant taxes due the State as such, likewise not to conmiunal and corporation taxes or to servitudes proper. • . Art. C)4. Sec. 1. The ro3\il hunting and fishing prerogative, as Avell as sovereign hunting rights and all hitherto existing hunting law^s are abolished. Sec. 2. Hunting and fishing privileges on land or in water belong- ing to others, as well as compulsory hunting services and perform- ances exactable in connection with hunting and fishing, are abolished without compensation. Sec. 3. Every person is entitled to hunt on his own land and fish in his own waters. It is reserA ed for legislation to regulate the exer- cise of the hunting i-ight for reasons of public safety and the common welfare. Sec. 4. The privilege of hunting on land belonging to others and of fishing in others^ waters shall in future not again be established as a fundamental right. Art. 65. Sec. 1. The existing system of taxation shall bc' ex- amined and reorganized by law. 202 CONSTITUITONS OF THE GERMAN STATES. Sec. 2. All taxable property and income are subject to taxation for purposes of the State and the commune. The following are ex- cepted : (1) The grand ducal castles and their accessory buildings and gardens ; (2) Buildings devoted to, divine service and cemeteries. Other necessary exceptions shall be provided for by law. Sec. 3. All exemptions and favors in connection with contributing toward bearing the burdens of the State and the commune are abol- ished on and after April 1, 1849, as regards State taxes, and on and after May 1, 1849, as regards communal taxes. Only by way of ex- ception and only for those persons for whom it is proven that some- thing has been paid to the State, or that something is still being paid to or performed for it, shall compensation be granted according to a law to be enacted. Sec. 4. Henceforth such exemptions shall neither be grantable nor in any wise acquirable. Sec. 5. In the taxes to be paid to the State, individuals who have heretofore been exempt shall, beginning with April 1, 1849, be classed equally with the taxpayers on the basis of the additional contribu- tion. In the Principality of Liibeck and in the district (Amt) of Varel, equality of taxation shall be introduced on the basis prevailing there. Sec. 6. All communal burdens shall, on and after May 1, 1849, be distributed equally among the residents in the various kinds of com- munes {Deichhandeny Vogteien, Sielachten^ Kirchspielen^ Schul- achten) for which they are to be borne. However, until otherwise provided, the distribution of the ordinary maintenance of dikes and conduits, as well as of public roads, shall remain unchanged in ac- cordance with the foregoing provision. PART III. POLITICAL COMMUNES. Art. 66. Sec. 1. The political commune as such constitutes a subdivision of the State, and to that extent serves its purposes. Sec. 2. The constitution of these communes is to be rearranged by law, applying the principles enounced in articles 67-71. Until then the existing institutions shall remain in force. Art. 67. All communes in city and country are to receive as nearly identical a constitution as possible. Art. 68. Every commune shall have the right of free self-adminis- tration in its own affairs and shall not be restricted in this regard otherwise than by law, and then not to any further extent than the purpose of the State absolutely requires. Art. 69. Sec. 1. The communes shall be allowed free choice of their representatives and officials. CONSTITUTION OF OLDENBURG. 203 Sec. 2. If the communal oflicials have functions which go beyond the real affairs of the commune, the State Government shall also take, a hand in their appointment. Art. 70. Sec. 1. The principle of publicity shall prevail for the deliberations of all communes. Sec. 2. The assemblies, both of the whole commune and of its rep- resentatives, shall not, within their sphere of jurisdiction, require any permit from the State authorities. Art. 71. No commune shall be burdened with duties of perform- ance or with expenses to which it has not given its consent, or to which it is not obligated by law. Art. 72. Sec. 1. The freedom to move one's residence shall exist among all communes in accordance with the rules to be prescribed by law. Sec. 2. The law shall fix the conditions for acquiring citizenship in a commune, for the special privilege of carrying on industry, and for the duty of the commune to support individuals. Until that time every State citizen of 01dei;iburg shall become a member of the political organization of a commune by moving his residence into the commune or by residing therein, provided it is proved that he has not during the last three years been punished for a dishonoring crime or misdemeanor or received support from the pauper funds. Sec. 3. For the Principality of Birkenfeld the regulations in force therein in regard to removal of residence shall remain temporarily in force. Sec. 4. For the Principality of Liibeck the regulations which at the time of publication of the Constitution were in force there in regard to removal of residence and the acquisition of conmiunal citizenship shall go temporarily into force again pending further regulation by law. Art. 73. The communes of a given district shall combine together into a larger organization, whose constitution shall be arranged as far as possible according to the principles and basis of the constitu- tions of the communes composing it. PART IV. religious ORGANIZATIONS. Art. 74. The Christian religion shall be taken as a basis for all the institutions of the State which are connected with the exercise of religious worship, without prejudice to the freedom of religion guaranteed in articles 35 and 36. However, there does not exist any State church. Art. 75. The provisions in force in regard to associations and assemblies in general shall not apply to religious societies which have corporate rights. V 204 CONSTITUTIONS CF THE GERMAN STATES. Art. 76. New religious societies may be formed, a recognition of their creed by the State not being required. Art. 77.^ Those religious societies which already have corporative rights (religious corporations) shall have these rights guaranteed them, but others may receive these rights only through a law. Art. 78. Sec. 1. Every religious corporation shall arrange and administer its aifairs independently, Avithout prejudice to the rights of the State. Sec. 2. The Evangelical Church in the Grand Duchy shall be guaranteed a presbyterian and synodal constitution, subject to the privileges of ecclesiastical rule, which shall belong to the Grand Duke, according to the constitution of the Church, for the preserva- tion of the connection between the Church and the State and for the furtherance of its purposes. The present constitution of the Evan- gelica;! Church of the Duchy of Oldenburg is subject to such changes as uiRj be requisite in order to preserve the existence of the Church or its State organization. Until the changes thus necessitated in the constitution of the Evangelical Church of the Duchy of Oldenburg, or the necessary arrangements for the Evangelical Church in the Principalities of Lubeck and Birkenfeld, have been adopted by the Grand Duke in cooperation with the churchly organs, the present constitution of the Evangelical Church of the Duchy of Oldenburg of August 3/15, 1849, and the organic arrangements of the Evan- gelical Church in the Principalities of Lubeck and Birkenfeld shall remain in force. Sec. 3. The placet and viswni exercised by the Sovereign of the land ill affairs of the Catholic Church are abolished. Sec. 4. The various religious organizations shall be free to unite with others into larger communities, and their intercourse wdth the ecclesiastical superiors shall in no wise be trammeled. Art. 79. The election, appointment, or installation by the religious organizations of their officials and servants shall require the approval of the Government authorities only in accordance with the laws or treaties. Art. 80. The ecclesiastical communes and religious organizations shall be protected in the possession of their ecclesiastical property as well as in the employment tliereof in accordance with the condi- tions of their foundation, only the same provisions being applicable for the preservation of this property as apply in the case of secular communes. Art. 81. Every religious organization shall have a right to make its own arrangements for the collection of its taxes and other dues. 1 Law of December 16, 1902, regarding the interpretation of article 77, defines that thr provision of article 77 does not ref(!r to the acquisition of legal capacity in the domain of the civil law. CONSTITUTION OF OLDENBURG. 205 These taxes and dues shall be treated b}^ the Government authori- ties the same as the taxes and dues of the secular communes and shall enjo}^ the same advantages as the latter, provided the principles on which such taxes and clues are collected and distributed are approved by the governmental authority. PART V. EDUCATIONAL INSTITUTIONS. Art. 8:^. Sec. 1. The educational system is under the supreme supervision of the State. Sec. 2. The necessary connection between church and school will be regulated by law, taking into consideration confessional condi- tions. The higher and lower school boards shall include also clergy- men and school officials. ' Sec. 3. The higher schohistic authorities of the Duchy of Olden- burg shall exist separately, both in the case of the Evangelical and of the Catholic educational institutions, and they shall be so arranged that the church concerned may be insured the necessary influence for the religious training of the youth. Art. 83. Sec. 1. Adequate provision shall everywhere be made through public schools for the education of the youth. Sec. 2. All public educational institutions shall constantly be provided with adequate teachers and educational supplies. Art. 84. Sec. 1. Domestic instruction shall not be subject to any restriction. Sec. 2. Parents or those representing them shall not be permitted to let their children or those intrusted to their care go without the education which is prescribed for the primary public schools. Art. 85. Public-school teachers shall have the rights and duties of Government employees. They shall be entitled to an adequate re- muneration for their services and to a suitable pension. Art. 86. Sec. 1. The public schools are communal institutions. The expenses connected therewith shall be primaril}' borne by the commune, though this shall not preclude the payment of a moderate tuition fee. Sec. 2. If a commune is burdened beyond its resources by its school expenses, the necessary additional sum shall be appropriated out of the State treasury in accordance with legislative enactment. Sec. 3. Special pauper schools shall not exist. Art. 87. All public schools shall be so organized that the youth may receive therein a general human and civil as well as religious education. Art. 88. Sec. 1. The State shall appoint the teachers of the public schools from among the examined candidates. Sec. 2. To what extent the communes shall participate in this re- gard shall be determined by law. 206 CONSTITUTIONS OF THE GERMAN STATES. Art. 89. Sec. 1. Provision shall be made for the training of efficient school-teachers by perfecting the institutions existing for that purpose. These institutions must be so organized and supervised as to insure the religious education of the teachers under training. Sec. 2. Connection with other German educational institutions of the same religious denomination shall be permissible. Art. 90. Sec. 1. The communes shall be granted adequate extra allowances from the State treasury in order to promote the construc- tion of higher-grade schools and the extension of the ordinary public schools by increasing the subjects of instruction and the teachers at suitable places, taking into consideration industries and agriculture. Sec. 2. Where an academy {Gelehrtenschule) or a school of navi- gation exists the higher-grade public school may be combined there- with. Art. 91. Sec. 1. The academies and the war and naval (naviga- tion) schools are State institutions. Whether, and if so, to what ex- tent, the colleges {Realgymnasien) are raised to this category shall form the subject of legislative enactment. Sec. 2. No citizen of the State who demonstrates that he possesses sufficient capacity (including, in the case of war schools, also his posi- tion in the service according to regulations) , shall be refused instruc- tion in these institutions. part VI. — ^the administration of justice. Art. 92. All jurisdiction emanates from the State. Art. 93. Sec. 1. The judicial power shall be exercised inde- pendently by the courts. Cabinet and ministerial justice is not per- missible. Sec. 2. The courts shall be entitled to demand the protection ol the civil and military authorities and also their assistance in carrying out their decrees. Art. 94. The organization, jurisdiction, and procedure of the courts are to be regulated anew by law according to the principles set forth in articles 95 to 101. Until then the existing laws shall remain in force. Art. 95. Sec. 1. There shall be no privileged status of persons or property before the courts. Sec. 2. The only exception is with respect to military jurisdiction in criminal cases, as well as in regard to offenses against military discipline, subject to the provisions relating to the military estab- lishment. Art. 96. Sec. 1. The administration of justice and government administration shall be independent of and separate from each other; nevertheless, it shall be left to legislative enactment to determine whether, and if so in what manner, this separation is to be made also CONSTITUTION OF OLDENBURG. 207 in primary jurisdiction (first instance) with respect to police-court offenses and so-called trivial cases. Sec. 2. The exercise of judicial functions by the administrative authorities shall cease. Art. 97. Sj:c. 1. The competency of the courts and of the ad- ministrative authorities shall be determined by law. Sec. 2. Conflicts of jurisdiction (disputes regarding competency) between the administrative and the judicial authorities shall be de- cided by an authority to be designated by law. Akt. 98. The administration of civil justice in matters requiring special professional experience shall be exercised exclusively or jointly by expert judges freely chosen by their colleagues. Art. 99. The question of introducing courts of arbitration is to be taken up for consideration. Art. 100. Judicial procedure shall be public and oral. P2xcep- tions in which the procedure is not to be public shall be designated by law. Art. 101. Sec. 1. Criminal actions shall be instituted on the basis of indictments. Sec. 2. All grave criminal cases, political offenses, and those violations of the press laws which are prosecuted officially shall be tried by jury. Art. 102. Every public administrative department shall sue before the ordinary courts in all private-law disputes concerning it. Art. 103. A special law shall be enacted in regard to police-court offenses and their punishment. PART VII. THE government SERVICE.^ Art. 104. Ordinary bench vacancies shall be permanently filled at once. This provision, however, shall not take effect until the new code of judicial organization has been introduced according to articles 92 and 94-101. Art. 105. In future it shall not be permissible to combine a judicial office with a remunerative non- judicial office except in accordance with provisions of law. Art. 106. Sec. 1. No ordinary judge shall, otherwise than through judgment and process of law, be removed from his office or suffer impairment in his rank or salary.* Sec. 2. Suspension shall not take place without a judicial decree and not without a simultaneous reference of the matter to the com- 1 See law of January 7, 1879, regarding the organization of oflBces In the Duchy of Oldenburg; law for the Grand Duchy of January 27, 1877. 208 CONSTITUTIONS OF THE GERMAN STATES. potent court. The decision on the matter must be reached by the supreme court of the land. Art. 107. No ordinary judge shall, against his will, be transferred to another position or retired otherwise than by judicial decision in the cases and according to the forms prescribed by law. Art. 108. Articles 104 to 107 shall not apply to administrative officials who at the same time exercise judicial functions. Art. 109. Sec. 1. In the administrative service permanently ap- pointed officials shall not be dismissed without being allowed the lawful pension, and they shall not be transferred without retaining their whole previous salary. Sec. 2. This pension shall not be diminished or withdrawn except by virtue of a judicial pronouncement. Sec. 3. With respect to military persons, special provisions shall be made by law. Art. 110. Government service and courtier service shall not be combined in the same person. Art. 111. Sec. 1. As to the rest, the conditions of the Govern- ment service shall be revised by special laws along lines of popular reform. Sec. 2. In this connection particular consideration shall be given: To the diminution of the departments, bureaus, and officials; To the simplification of the service and shortening of the busi- ness routine; To a supervision^ of the service hj means of the greatest possible publicity of proceedings; To the alternation of officials by selection among the people in the case of positions suited to them. Sec. 3. The law must also provide for the following matters in particular : Prescribe accurate rules regarding pay, pension, the conferring of titles, the disciplinary relations of officials, and the means of enabling the Stat« Government to obtain the necessary knowledge regarding the ability and worthiness of officials, and stipulate that no report on the ability and worthiness of officials shall be withheld from the interested party when requested by him; Designate the subordinate Government offices the appointment to which takes place by serving notice, though these should be reduced as far as possible in number ; Establish a service, court to try the cases in which officials have shown themselves incapable or unworthy of perfonning their duties. This court shall be formed on the basis of equality of calling, and shall not be bound by positive rules of evidence. CONSTITUTION OF OLDENBURG. 209 PART VIII. THE DIET. 1. Organization of the Assembly. Art. 112. Sec. 1. For the Grand Duchy there is a Diet united into one single chamber. Sec. 2. Besides this, in each of the principalities of Liibeck and Birkenfeld a provincial council shall be organized according to the outlines embodied in Appendix IV.^ The more particular rules re- garding the sphere of activity of the provincial councils, as well as regarding their election and their conduct of business, will be con- tained in a law to be submitted to the approval of the Diet to be called in session in 1852. Art. 113.2 The Diet shall consist of deputies chosen at general, direct, and secret elections. Art. 114. Sec. 1. The deputies may be chosen from anywhere throughout the Grand Duchy. Sec. 2. The number of them shall be determined by law. Art. 115-.2 Every male German shall be eligible as a deputy who at the time of the election has attained the age of 25 years and has had his residence in the Grand Duchy for at least three years. Art. 116.2 The following are ineligible: 1. Persons who are under guardianship; 2. Persons against whose property bankruptcy proceedings have been begun, during the continuance of the proceedings ; 3. Persons who have received public assistance as paupers, or who, within the last year preceding the holding of the election, have re- ceived such assistance and have failed to repay it by the time the list of electors is concluded; 4. Persons who have been deprived of their civil rights of honor by a valid judgment; 5. Persons who, at the time of the election, are under police surveil- lance or are under arrest pending investigation or for punishment, or are lodged in a workhouse. Art. 117. The provisions of articles 115 and 116 apply also as the general requirements for the exercise of the right of suffrage at the elections for deputies. Art. 118. Sec. 1. The electoral law shall provide more particular rules in regard to the mode of election, the right to vote, and the election formalities. 1 See Appendices I-IV, not taken up In this collection, in Zachariae, loo. cit., p. 939 et seq. 2 Articles 113, 115, 116, 120, 124, and 145 owe their present wording to the law of April 17, 1909, sec. 1. 92975—19 14 210 CONSTITUTIONS OF THE GERMAN STATES. Sec. 2. The electoral laAv does not form a part of the Constitution, but nevertheless the provision of article 137, no. 2, can not be applied to it. Art. 119. Any person elected deputy may decline .the election or retire at any time. Art. 120.^ Every five years a new election of all deputies sh^ll be held. The previous deputies may be reelected. The five-year term of office is calculated from the beginning of the first to the beginning of the sixth regular Diet following the election. Art. 121. Sec. 1. Officials of the civil or military service and school teachers who are elected as deputies require official leave or furlough, and to this end they must immediately notify their superiors of their election and await the granting of the leave. Sec. 2. The leave shall not be refused unless the Diet is agreed with the State Government that serious service considerations stand against the admission of the candidate-elect to the Diet. The State Govern- ment shall at once communicate to the Diet any objections it may have in this line, but if there are no such objections the leuve should be granted in due time. Art. 122. The mandate of the deputies shall be extinguished^^ (1) By loss of any of the qualities necessary in order to be eligible as a deputy (article 115) ; (2) By resignation, as soon as the latter has been received in writ- ing by the president of the Diet, or, if the Diet is not in session, by the Ministry of State, and as soon as the date specified therein has arrived ; (3) By the acceptance of a salaried office, though the retiring dep- uty may be reelected; (4) If the Assembly resolves to exclude a member on the basis of the standing rules. Art. 123. In the cases contemplated in article 122, or if a deputy has died or is prevented from serving for a longer' time than was considered permissible in the leave granted him, the State Govern- ment shall at once order a new election, unless this is waived by con- sent of the Diet. Art. 124.^ The qualification of the deputies-elect shall devolve upon the Diet. Art. 125. After being opened by the Grand Duke (article 151), the Diet elects from its midst by secret ballot a president and one or more vice-presidents, either for its whole period or for a shorter time. Art. 126. To attend to the clerical work, the Diet appioints one or more secretaries for the length of i|i5 session, either from among its iCf. note to article 113. CONSTITUTION OF OLDENBURG; 211 own members or from three other persons proposed by the president. In the latter case the secretary receives an adequate compensation. 2. Functions of the Diet. Art. 127. As the lawful representative of all the citizens and of the whole country in general, the Diet is called upon to enforce their rights based on the Constitution and to promote the welfare of the State in faithful compliance with the Constitution. Art. 128. Sec. 1. The Diet stands in direct business relations only with the State Government, with the exception of communications between it and the State Court (article 201). Sec. 2. It is entitled to demand information from the State Govern- ment on all government affairs. Art. 129, Sec. 1. In voting, the deputies shall follow only their own conscientious convictions, not being bound to obey any orders or in- structions of any kind or from any source. Sec. 2. Each individual shall cast his ballot personally. Art. 130. Sec. 1. Upon first entering the Chamber, each member of the Diet shall take the following oath : I promise fidelity to tlie Grand Diilve. conscientidus ol)servance of the Con- stitution, and th.Ml", in the Diet. I will defend the \veif:ire of the State, without subsidiary considerations and accordinjj; to my own conscientious convictions, in my motions and votes. " So lielp me God ! Sec. 2. This oath shall be administered to the president of the Diet, by the Grand Duke, or by the members of the Ministry of State designated by him, and to the other members of the Diet by the president in the Assembly. Sec. 3. If a former deputy comes back through reelection, he pledges himself to his previous oath by joining hands. Art. 131. Sec. 1. No deputy shall be taken to task or held respon- sible for his utterances in the Diet otherwise than by the president or by the Assembly. Sec. 2. Owing to violation of a penal statute through such utter- ances, judicial proceedings shall not be instituted unless the Diet has ■referred the case to the court for trial under criminal law. Sec. 3. No one shall be held responsible for his vote. Art. 132. During the session of the Diet and during the journey thither and back, the Deputies shall not be arrested for crime or misdemeanor unless caught in the act or with the consent of the Diet or its committee. In the former event the Diet or its committee shall be notified at once of the arrest. Art. 133. Sec. 1. The Diet has a right, with respect to all State affairs, especially in regard to any defects or abuses in the administra- tion of the Government or of justice, to present its wishes, recom- 212 CONSTITUTTONS OF THE GERMAN STATES. mendations, or complaints to the Ministry of State or, in its discre- tion, to the Grand Duke himself. Sec. 2. When complaints are found to be well warranted, the wrongs complained of shall be redressed without delay. Art. 134. Sec. 1. The Diet is furthermore entitled to receive peti- tions or complaints from private individuals, communes, and recog- nized organizations, and also to lay them before the State Government for proper consideration, provided the complaints have previously followed the course of lawful appeal up to the highest Government authority. Sec. 2. In regard to complaints, the rule contained in article 133, section 2, shall apply, and the result of the petitions recommended to be granted shall be made known to the Diet. Art. 135. Representations of any kind shall be made to the Diet only in writing, and not handed to the Assembly in person or made to it orally. Art. 136. A law may be enacted, repealed, amended, or authen- tically interpreted by the Grand Duke only with the advice and con- sent of the Diet. Art. 137. The consent of the Diet shall not be required : (1) In decrees for the enforcement or application of existing laws; (2) In decrees of legal significance Avhich are urgent!}^ necessitated by circumstances and neither admit of postponement until the next regular Diet nor permit of the calling of an extra session of the Diet or justify such an act by their importance, and furthermore do not embody an amendment to the Constitution. Decrees of this kind must be countersigned by all the members of the Ministry of State. If the urgency of the matter is not such as to prevent, the perma- nent diet committee, or at least those members thereof who reside in the province in which the State Government has its seat at the time, should be asked for their opinion. ^ The urgency and expediency of such decrees must be proved to the next Diet. If the Diet entertains scruples about granting its sanc- tion to the enacted decree, the latter shall be at once repealed. A complaint of violation of the Constitution shall not be precluded by the fact that the Diet Committee has rendered a favorable opinion on the enacted decree. Art. 138. Proposed legislation is transmitted from the Grand Duke to the Diet, but nevertheless the latter also has a right to suggest the enactment of laws and to introduce legislative measures. Art. 139. A declaration entirely rejecting a bill or suggesting amendments thereto must embody a statement of reasons. Art. 140. The Grand Duke enacts and promulgates the laws with an express reference to the fact that they have received the sane- CONSTITUTION OF OLDENBURG. 213 tion of the Diet or else to the circumstances existing as per article 137, no. 2. Art. 111.. Sec. 1. Laws and decrees are binding when proclaimed in legal form. Sec. 2. The test of the validity of laws and decrees that have been duly promulgated belongs solely to the Diet and not to the author- ities. Art. 142. In regard to measures which do not require its sanction, as well as in regard to the principles to be followed in connection with contemplated amendraents to legislation in general, the Diet may express its opinion at the instance of the State Government. Art. 143. The Diet possesses the right of granting supplies (appro- priating funds) in accordance with the rules prescribed in Part X. 3. Diet and conduct of business. Art. 144. The convocation of the Diet takes place by virtue of a decree of the Grand Duke, which is published in the law bulletins. Art. 145.^ A regular session of the Diet takes place every year. Art. 146. Sec. 1. The Diet is called into extra session for the pur- pose of attending to particular matters of legislation or otherwise. Sec. 2. In the cases mentioned in article 150, section 2, and article 198, section 2, the Diet shall meet in extra session even without being called. Art. 147. The duratix)n of a session of the Diet shall always be determined in the order of convocation, that of a regular session not being under six weeks, though this shall not preclude an appropriate prolongation. Art. 148. The Grand Duke shall have the right of suspending, closing, and dissolving the Diet. Art. 149. A suspension may take place only for a maximum of six months, and only once without the consent of the Diet. Art. 150. Sec. 1. After a dissolution of the Diet the new elections must be ordered within two months. The Diet must be convoked on a day which comes within the three months following the day set for the elections. Sec. 2. If any one of these requirements fails to be observed, the members of the dissolved Diet shall be reinstated in their rights until the newly elected deputies convene, and they shall meet as soon as possible without a call, for the purpose of guarding the Constitution. Sec. 3. The newly elected Diet shall serve out the term (article 120)2 of the dissolved Diet. ^ See note to article 113. 2 The law of April 17, 1909, sec. 2, sul)stituted a reference to article 120 instead of the original reference to article 145. 214 CONSTITUTIONS OF THE GERMAN STATES. Art 151. The Grand Duke shall open and dismiss the Diet either personally or through an agent empowered for the purpose. Art. 152. The Diet shall be opened after the qualification of the deputies has first been rectified, and as soon as at least two-thirds of them are present. Art. 153. No meeting of the Diet shall take place at any time other than that for which it is convoked by the Grand Duke or by virtue of the law. Art. 154. After the suspension, final adjournment, or dissolution of the Diet, the latter shall not be permitted to remain assembled any longer, except as provided by article 167, section 2. Art. 155. The Grand Duke may appoint plenipotentiaries to fur- nish the Diet the necessary information and explanations in case the members of the Ministry of State fail to do this personally, and to facilitate business connections in general with the State Government. Art. 156. The members of the Ministry of State and the grand ducal plenipotentiaries are entitled to attend every session of the Diet. They may make communications to it at any time before the closing of the debates, and up to that time they must always be granted the floor, provided a speech already begun is not interrupted thereby. Art. 157. Sec. 1. The sessions of the Diet are public. Sec. 2. They shall be secret in the following exceptional cases : (a) If, at the instance of the State Government or on motion of a member seconded by at least five others after the audience has been removed, a majority of the deputies present decides in favor of an executive session; (h) In case of proceedings regarding treaties with other States^ which are submitted to the Diet for its sanction or ratification, pro- vided the State Government requests secret deliberations. Art. 158. Sec. 1. The audience shall not be permitted to exer- cise any influence on the Assembly or on the course of the proceed- ings, nor to indulge in applause or manifest signs of disapproval. Sec. 2. In this respect the president shall be authorized to main- tain order by means of appropriate measures, if necessary removing the audience. Art. 159. At least two-thirds of the deputies are required to be present in order to constitute a quorum. Art. 160. Resolutions of the Diet shall be adopted by an absolute majority of the deputies present, except where, with respect to elec- tions, the standing orders provide otherwise. Art. 161. Sec. 1. The president shall always vote together with the remaining deputies. Sec. 2. If the first ballot results in a tie, the vote shall be repeated (at the next session if the president deems advisable), and if the CONSTITUTION OF OLDENBURG. 215 second vote likewise fails to yield a majority resolution, the motion being voted on shall be considered as being rejected. Art. 162. Sec. 1. The minutes drawn up in regard to the pro- ceedings shall be published in printed form. Sec. 2. The minutes of secret sessions shall not be printed unless the Diet resolves to have them printed with the consent of the State Government. Art. 163. As soon as possible after the adjournment or dissolu- tion of each Diet, the Grand Duke shall publish in the law bulletin his declaration sanctioning or rejecting its propositions which have, up till then, not been disposed of, and this in an order proroguing the Diet. Art. 161. Sec. 1. The deputies receive compensation for their traveling expenses and draw per diem allowances, which they shall not be permitted to refuse. Sec. 2. The deputies who reside at the place of assembly receive half the per diem pay. Art. 165. Further details in regard to the conduct of business in the Diet, and in regard to its relations in this connection with the State Government, will be embodied in the standing orders to be is- sued by way of legislation. lentil such rules are adopted, the standing rules of the immediately preceding Diet shall apply. 4- Permanent Diet Committee. Art. 166. The provisions regarding the permanent Diet Committee shall be applicable as long as the three-year term for the regular Diet exists (article 145). Art. 167. Sec. 1. Every regular Diet shall choose from its midst and for the length of its elective term a permanent committee by an absolute majority vote. Sec. 2. If the selection of this committee has not taken place before the close of the Diet, or before a suspension thereof, it must at the latest take place on the day following. Art. 168. The activity of the committee is confined to the period between Diets. Art. 169. The committee consists of a chairman and five deputies, three from the Grand Duchy and one from each of the principalities. Art. 170. The chairman of the committee is chosen by the Diet from among deputies of the Grand Duchy by a majority vote. Art. 171. Sec. 1. In case of the loss of a member the committee shall supply his place by selecting another deputy, keeping in view the rules laid down in articles 169 and 170. Sec. 2. If the chairman dies or resigns, the oldest of the members from the Duchy assumes his duties temporarily and causes the com- mittee to select a new chairman. 216 CONSTITUTIONS OF THE GERMAN STATES. Art. 172. Sec. 1. While the committee is assembled, the members thereof have the same rights as the deputies to the Diet (articles, 119 131, 132, and 164). Sec. 2. No person shall be permitted to decline assignment to the committee as long as he is a d^eputy. Sec. 3. The privileges granted by articles 131 and 132 to the Diet and its president shall belong also to the committee and its chairman. Sec. 4. The members of the committee do not require leave from service; however, the chairman of the committee must immediately notify the State Government of the appointment of one of the officials mentioned in article 121. Art. 173. Sec. 1. The committee is intended: (1) To prepare various matters of business for the Diet or to exe- cute them, provided it is instructed so to do by the Diet ; (2) To give its opinion in the cases contemplated in articles 137 and 193, as well as in pursuance of article 142 ; (3) To see to the carrying out of the prorogations of the Diet and otherwise to guard the interests of the Diet in accordance with the Constitution; (4) To propose the calling of an extra session of the Diet, stating reasons. Sec. 2. In regard to matters falling within its sphere of activity, it may at any time request necessary information from the State Gov- ernment or from the plenipotentiary appointed by the Government for the purpose. Art. 174. Whether a personal meeting of the members of the com- mittee is required to attend to a certain business or whether their written declaration will suffice is left to the decision of the chairman (see article 175, sec. 2). Art. 175. Sec. 1. The committee meets in the city of Olden- burg at the call of its chairnian, who shall each time give notice of the fact to the Ministry of State. Sec. 2. A request by the Ministry of State or of two members of the committee that a meeting of the latter be called must always be complied with. Art. 176. Sec. 1. An absolute majority of the votes decides in the committee. Sec. 2. The chairman has a vote in all matters, and his vote shall be decisive in case of a tie. Art. 177. Of the sessions of the committee only those shall be held publicly in which the chairman deems it advisable. Plenipotentiaries of the State Government (article 155) may be delegated to attend a public session. Art. 178. After the termination of its work the committee shall transmit a written report to the next Diet regarding its activity. CONSTITUTION OF OLDENBURG. 217 PART IX. GOVERNMENT PROPERTY, CROWN PROPERTY, AND EMOLUMENTS DUE THE GRAND DUKE AND THE GRAND DUCAL HOUSE. Art. 179. The separation of the domanial property into Crown property and Government property was effected by means of the agreement concluded between the Grand Duke and the Diet on Feb- ruary 5, 1849, which agreement is appended to this Constitution un- der no. I and is to be considered as an essential part thereof. In the case contemplated in section 9 of this appendix, the German Federal authority is to be requested instead of the German Imperial authority. Art. 180. Sec. 1. The total existing Government property con- stitutes an aggregate estate in the possession of the undivided Grand Duchy, but with respect to the burdens and taxes connected there- with and with respect to the enjoyment of its revenues it is divided into three estates, according to the different provinces. Sec. 2. The enjoyment of the revenues and the bearing of the burdens and taxes connected with the Government domain remain with the province to which the domain belongs. Sec. 3. The domanial property (Government and Crown domains) must be taken into account in determining the contribution of each of these three divisions of the country toward the total expenses of the Grand Duchy (article 195) , and, when the Crown property is elim- inated, the assumed average revenue from the eliminated Crown do- mains of each province to which it belongs shall be taken into ac- count in calculating the quota of the province. Art. 181. Sec. 1. The Government domains shall be preserved in their essential component parts and utilized in a way insuring a permanent revenue^ Deviations from this principle, alienations, or incumbrance with debts or other burdens shall be permissible with the consent of the Diet. Sec. 2. This consent shall not be required for lawful redemptions, lawful ejections, or the alienation of occasional pieces of land for the promotion of agriculture or industry,^ the construction of houses or the due removal of nuisances, or the rectification of doubtful boundaries in the interior. Sec. 3. The proceeds from redemption and alienation shall be placed temporarily at interest. In order to employ them otherwise, it is necessary to obtain the permission of the Diet. Art. 182. The Government domain is administered by the State financial authorities. Art. 183. The revenues 'from the Government domain flow into the State treasury and are employed solely for Government expenditures. 1 The law of December 17, 1902, article 1, orders the insertion of the words " or industry." 218 CONSTITUTIONS OF THE GERMAN STATES. Art. 184. Before each regular session of the Diet shall be laid the changes which have occurred meanwhile in the composition of tlie Government domain. Art. 185. The provisions relating to the Crown domains and to the emoluments of the Grand Duke and the Grand Ducal House are contained in Appendix no. I (article 179). Art. 18C). The Grand Duke and the grand ducal family shall have free disposal of their private property, according to the more particu- lar provisions of the family law. The private landed pro^Derty of the Grand Duchy as existing on February 18, 1819, is described in Appendix no. II. PART X. THE GOVERNMENT FINANCES. Art. 187. Sec. 1. Without the consent of the Diet, taxes can neither be levied nor collected, nor can loans and debts be validly contracted, Sec. 2. The Diet can not refuse its consent to the continued levy- ing of taxes, provided they are necessary for the conduct of the Gov- ernment according to the duties of the Confederation and to the Con- stitution of the land and especially for the meeting of the expenses which are based on obligations under the laws of the Confederation or the Grand Duchy or under private law. Art. 188. The appropriation of the necessary funds must not be made contingent upon any conditions or presuppositions, except such as concerrb the purpose and use of the funds or the extent or magni- tude of the need, or the manner of distribution and collection, or the duration of the taxes or performances to be exacted. Art. 189. Sec. 1. All the receipts and expenditures of the Gov- ernment must be estimated in advance. Sec. 2. The entire needs of the Government are determined for each financial period with the advice and consent of the Diet. Sec. 3. The estimates fixed with the consent of the Diet constitute the basis for the budgetary law to be enacted. Art. 190. Sec. 1. Before each regular Diet shall be laid the estimates of the necessary expenditures for the next ensuing financial period (a calendar year ^) and of the funds intended to meet them. Sec. 2. The estimates shall be prepared with the greatest possible completeness and accuracy according to the main branches of admin- istration. Sec. 3. They must particularly demonstrate the need of the esti- mated expenditures, specify the mode of raising the funds, and be accompanied by the corroborative documents and explanations neces- sary for verification. * The law of December 17, 1002, article 2, introduces the one-year Instead of the three- year period. . CONSTITUTION OF OLDENBURG. ' 219 Art. 191. Sec. 1. If, after the expiration of an appropriation period, the preparation of a new budgetary hiw is delayed for some reason or other, the direct taxes levied for the ordinary needs of the Government shall continue to be collected for six months longer. These six months shall be included in the new financial period. Sec. 2. The continued collection of the indirect taxes is not limited to any period. However, the proceeds therefrom which have come in after the expiration of the aforementioned six months' period shall be deposited for the time being in the Government treasuries, and no disposal shall be made thereof without the consent of the Diet. Sec. 3. The existing taxes shall not continue to be collected any longer than until the termination of the next Diet. Sec. 4. If the Government and the Diet fail to agree about certain of the expenditures mentioned in article 187, section 2, or about the means required for meeting them, it shall be permissible, until a decision has been reached according to article 209, to continue to col- lect the taxes levied for the ordinary needs of the Government dur- ing the last financial period, though they shall be used, under minis- terial responsibility, only for the purpose of covering the ordinary expenditures designated in article 187, section 2, and appropriated for during the last financial period. Sec. 5. If a decision has been rendered according to article 209 by the concurring court of arbitration or by the State court, it shall be binding with regard to the expenditures until a modifying decision of the Federal arbitration court has been rendered. Art. 192. Sec. 1. The permanent needs of the military estab- lishment and for the salaries and operative expenses of the judicial and administrative service shall be determined by rules jointly with the Diet. As regards the needs of the military establishment, this provision shall not take effect until a definite decision has been reached regarding the composition of the Oldenburg Federal con- tingent. Sec. 2. Until otherwise arranged between the State Government and the Diet, these regulations shall serve as a guide for the ap- propriations made by the Diet, though they shall be subject to revision at any time at the instance of the Diet and shall be treated as a subject of legislation. Art. 193. Sec. 1. In urgent and unforeseen cases the State Gov- ernment may, under the conditions and anticipations mentioned in article 137, no. 2, provisionally adopt the absolutely necessary financial measures to meet an extraordinary exigency. However, these measures must, together with a statement of the sums expended, be laid before the next Diet in order that it may give its constitu- tional sanction thereto. 220 ' CONSTITUTIONS OF THE GERMAN STATES. Sec. 2. The last two paragraphs of article 137 are applicable also in this connection. Art. 194. The remission of delinquent domanial revenues, taxes, fees, and emoluments in individual cases is left to the discretion of the State Government. Art. 195. Sec. 1. The revenues of the Duchy of Oldenburg, the principality of Liibeck, and the principality of Birkenfeld are administered separately and employed only for the expenses of the province concerned. Sec. 2. Until further notice the contributions to the total expendi- tures of the Grand Duchy shall be as follows : Duchy of Oldenburg, 80 per cent; Principality of Liibeck, 13 per cent; Principality of Birkenfeld, 7 per cent. Sec. 3. Every six years this arrangement of quotas shall be sub- jected to a reexamination at the regular session of the Diet then to bo called, and it shall be reregulated in view of the taxable resources and the domanial property (article 180) of each province according to the experience gained meantime, such reregulation taking the form of legislation. Until that time the quotas provided in section 2 shall remain in force. Sec. 4. The total expenditures mentioned in the foregoing sec- tions shall be made for all affairs and institutions which are common to the three provinces of the Grand Duchy, to wit: In connection with (1) the relations arising from the joint nature of the supreme head of the State, especially the emoluments of the Grand Duke; (2) the relation to the German Confederation and representation abroad; (3) the Diet, the permanent Diet Committee, and the provincial councils, unless the latter are called together at their own instance; (4) the State Court; (5) the Ministry of State; (6) the general archives of the land; (7) the authorities making ex- aminations for the State service; (8) the supreme joint court of the land; (9) matters connected with war; (10) the widows' fund; (11) the administration of the collective debts of the Grand Duchy; , (12) those matters which are, moreover, declared by law to be joint in nature. Art. 196. Sec. 1. The Diet and the Diet Committee supervise the collection and employment, according to regulation, of the Gov- ernment revenues within the limits set by the financial law, for the observance of which limits the Ministry of State is responsible, even to the extent of seeing that savings effected under one expenditure head are not employed under another head. Sec. 2. To this end the accounts of the main treasuries and of the subsidiary treasuries belonging thereto, which have been rendered up to the time the estimates are taken up and which have been audited CONSTITUTION OF OLDENBUEG. 221 by the Government shall, together Avith the necessary vouchers and explanations, be presented to each regular Diet in company with the estimates. PART XI. GUARANTEE OF THE CONSTITUTION. Art. 197. Sec. 1. In case of a vacancy in the Government, the successor to the Government shall take his position as head of the Grand Ducal Government by virtue of a patent in which he promises under oath: To uphold the Constitution inviolably and to govern in accordance with the provisions of the Constitution and with the laws. Sec. 2. The same rule applies to the regent in assuming the regency. Sec. 3. Until such a patent is issued, the Government adminis- tration will be attended to by the Ministry of State existing at the time of the vacancy, under constitutional responsibility. Sec. 4. The original patent, bearing the signature of the suc- cessor to the Government or of the regent, as well as the Government seal, shall be filed in the archives of the Diet. Art. 198. Sec. 1. The Assembled Diet shall then take an oath of allegiance to the successor to the Government, whereby at the same time his constitutional accession to the Government is recognized. Sec. 2. If the Diet is not assembled when the vacancy in the Gov- ernment occurs, the Diet w^hich was last assembled convenes on the fourteenth day after the occurrence of the vacancy, even without a call. Sec. 3. The Diet shall not be suspended, adjourned, or dissolved against its will within four weeks after the occurrence of a vacancy in the Government or after its assembly. Art. 199. In the oath of service of civil Government officials the oath shall be taken on the Constitution. Art; 200. Sec. 1. The Diet is authorized to impeach the mem- bers of the Ministry of State who have become guilty : a. Of a violation of the Constitution, purposely or through gross negligence, whether by act, omission, or mere permission ; h. Of high treason, abuse of their office in order to commit a com- mon-law crime, bribery, breach of official faith, violation of their official duties with the intention of securing their own advantage or with the intention of injuring the State or individual citizens thereof. Sec. 2. In order that a resolution to make such an impeachment may be valid, it must be repeated at a second session held at least a week after the first vote. Art. 201. As long as a general German court for this purpose is lacking, a special State court shall act. The provisions regarding its organization and procedure are contained in Appendix III. Art. 202. The competency of the State court extends also to the accomplices. '222 CONSTITUTIOlSrS OF THE GERMAN STATES. Art. 203. The Diet may waive its right of impeachment and may at any time drop a charge that has been ah-eady preferred. Art. 204. The right to prefer a charge becomes barred in four years from the date when the fact on which the charge is based became known to the Diet. Art. 205. Sec. 1. A law to be submitted to one of the Diets of the near future will embody the necessary provisions relating to the penalties to be imposed by the State court. Until then the State court shall — (1) Impose dismissal from the service as the penalty for a viola- tion of the Constitution; (2) Impose the legal penalty for any other official crime or mis- 'demeanor purposely committed; and if the accusation comprises a common-law crime or misdemeanor coexisting with the main charge of the complaint, also the legal penalty therefor ; (3) Sentence the guilty party to payment of costs. Sec. 2. Any claims for damages shall be decided by the ordinary courts. Art. 206. In cases in Avhich the charge is not solely a violation of the Constitution, the State court shall be authorized to decree the temporary removal of the accused from the service, provided there is certainty or strong probability of a crime or misdemeanor of a dishonoring nature in popular opinion. Art. 207. Sec. 1. The sentence shall either be a conviction or an. acquittal, a dismissal from trial not being permissible. Sec. 2. Until the law referred to in article 205 exists, the court may, in rendering judgment, release the accused wholly or partially from payment of costs, and it may also order the allowance of a pension of stipulated amoimt, though the pension shall not exceed half the salary. Art. 208. Sec. 1. The Diet has the authority to order a judicial in- vestigation against other officials not belonging to the Ministry of State on account of violation of the Constitution and, until the law contemplated in article 111 has been enacted, also on account of another official crime or misdemeanor, the request for the investiga- tion being presented to the Ministry of State. The latter shall im- mediately communicate the request to the competent court, notifjdng the Diet that this has been done and how it has been done. Sec. 2. The permanent Diet Committee has the same privilege. Art. 209. If a difference of opinion exists between the State Gov- ernment and the Diet as to the interpretation of the Constitution or as to the limits of the cooperation of the Diet under the Consti- tution, and if an understanding fails to be reached, the question shall, at the instance either of the State Government or of the Diet,, be settled by a united court of arbitration or by the State court as a court of arbitration, and, in case the State Government or the CONSTITUTION OF OLDENBURG. 223 Diet do not wish to abide by the decision of the arbitration court, then by the German Federal Arbitration Court in last instance. Art. 210. Sec. 1. Each party 3hall present a written statement of its case to the court of arbitration, which statement shall be mu- tually communicated by the parties to each other and answered in a second document^ all within the periods to be fixed by the court of arbitration. Sec. 2. The procedure before the Federal Arbitration Court shall be governed by the forms established by the German Confederation. Art. 211. The award rendered by the arbitration court shall be publicly made known and then have the force of an authentic in- terpretation or of a valid judgment. Art. 212. Sec. 1. A resolution of the Diet proposing or sanctioning a modification of or an addition to the Constitution shall require — (1) To be adopted at two successive Diets between which an elec- tion of deputies has taken place; (2) That the date of voting shall have each time been announced eight days in advance ; (3) That at least three- fourths of the deputies assembled shall take part in the vote. Sec. 2. This article shall not be applicable to those provisions whose amendment is reserved to legislation in this Constitution. PART XII. GENERAL PROVISIONS. Art. 213. Feudal tenure, entailed estates, and ancestral domains {Stammgilter) are abolished. Art. 214. The keeping of the records of marriages, births, and •deaths (registers of civil status) shall be reorganized. Art. 215. The introduction of the notarial system, the improve- ment of matters relating to guardianship, particularly by partici- pation of the family, and the improvement of conditions connected with mortgages in accordance with the principle of specialty, as well as the improvement of the pauper regulations, shall be provided for by legislation. Art. 216. Sec. 1. The property and income of institutions, founda- tions, and funds existing for purposes of education or charity shall not be employed for purposes other than those specified in the charter. Sec. 2. Only in case it is no longer possible to attain the purpose specified in the charter shall it be permissible to utilize the property and income for other similar purposes with the consent of the inter- .ested parties and, as far as Government institutions are concerned, 'with the sanction of the Diet. Art. 217. The organizations which have hitherto been independent of the existing political communes and whose legal reorganization is necessary, particularly hydraulic-construction associations, shall be 224 CONSTITUTIONS OF THE GERMAN STATES. regulated by law, as far as possible according to the principles in force with respect to the political communes. Cooperation shall be given to the hydraulic-construction associations in the appointment of their officials. Art. 218. Sec. 1. The conditions of the marks and of the mark associations in the counties of Yechta and Cloppenburg shall be regu- lated anew by a law to be submitted to the next Diet. • Sec. "2. The right hitherto exercised by the State, by the lord of the manor, or by the mark judge of appropriating to themselves the so-called tertia marcalis — that is, a third of the areas of the marks, in the case of the mark lands in the former Miinster counties, and like- wise the traditional claims of the mark judges to the soil in the marks formerly under Hanoverian dominion — shall be abolished by law and the detailed legal regulations regarding their employment shall be adopted, taking into special consideration the landowners not having mark privileges and the non-landowners. Sec. 3. Until such a law is enacted the existing conditions, espe- cially the mark privileges referred to, shall remain in force to the extent to which they are at present exercised. Art. 219. For the sake of rendering uncultivated areas utilizable, and particularly for the purpose of facilitating the acquisition of land by persons without means, an office shall be created which for the Duchy of Oldenburg will be directly subordinated to the Ministry of State. This office shall be intrusted with the management of the institu- tions and establishments which have been created for this purpose by the State. The laAv shall specify to what extent the office is to have charge of the allotments of the uncultivated areas belonging to the State. It shall also be enabled to afford adequate assistance to cultivators from Government funds. Art. 220. Pending the enactment of the laws which are necessary or are already contemplated for the enforcement of the principles set forth in the Constitution, the existing rules, founded on law and tradition, shall remain in force, except in so far as they may be con- trary to the provisions of the Constitution. Art. 221. Provision shall be made for the broadest possible dis- semination of the knowledge of the Constitution. The following appendices are added: I. Agreement between the Grand Duke and the Diet in regard to the domanial property. II. List of the interior tracts of land belonging to the private domain of the Grand Duke. III. The establishment and procedure of the State court. IV. The provincial council. PRUSSIA/ CONSTITUTION OF JANUARY 31, 1860. [Preamble.] We, Friedrich Wilhelm, by grace of God, King of Prussia, etc.y hereby declare and make known that, whereas the Constitution of the Prussian State, promulgated by us on the fifth of December, 1848^ subject to revision by the ordinary process of legislation, and accepted by both chambers of our Kingdom, has been submitted to the pre- scribed revision, we have finally established the provisions of that Constitution in agreement with both Chambers. We therefore promulgate the same as a fundamental law of tha State, as follows : Title I. — The tenntory of the State. ' Article 1. All parts of the monarchy in its present extent form the territory of the Prussian State. Art. 2. The boundaries of this territory can only be altered by law. Title II. — The rights of Prvssians. Art. 3. The Constitution and the law determine under what condi- tions the quality and rights of a Prussian citizen may be acquired,, exercised, or forfeited. Art. 4. All Prussians shall be equal before the law. Class privi- leges shall not be permitted. Public offices, subject to the conditions imposed by law, shall be uniformly open to all who are competent ta hold them. Art. 5. Personal freedom is guaranteed. The forms and condi- tions under which any limitation thereof, especially arrest, shall be permissible, shall be determined by law. Art. 6. The domicile shall be inviolable. Intrusion and search- therein, as well as the seizing of letters and papers, shall be allowed only in the manner and in the cases prescribed by law. Art. 7. No one shall be deprived of his lawful judge. Exceptional tribunals and extraordinary commissions shall not be permitted. Art. 8. Punishments shall not be prescribed or. inflicted except according to law\ ^ In preparing this text use has been ma revenue of the usufruct of this property; on the contrary the State is also freed from every obligation to pay taxes and duties based on this property (e. g., dowry, emoluments), and the Prince renounces every subsidy for defraying these out of public funds and in par- ticular also renounces the so-called maintenance fund granted earlier. Art. 18. The administration of the Crown properties shall belong from now on exclusively to the officials summoned by the Prince for this purpose and responsible to him alone, without any competition whatever of the State Government or any other public authorities or the Diet. With regard to the arrangements concerning the substance of the Crown properties, as well as in regard to the use and administration of the same, there are for the Prince no other obligations than those founded on the agnatic relationship and on the family agreements of the entire House of Reuss. The conflicting provisions of the funda- mental' law of March 15, 1809, are hereby annulled. Aside from these restrictions further stipulations for the adminis- tration of the Crown properties, and conditions of service for the officials intrusted with this administration or single parts thereof are left to the Prince; the manner of severance of relations of these officials and of the survivors of such deceased officials, with the pen- sion fund founded for civil servants, under protection of acquired 02975—19 16 242 CONSTITUTIONS OF THE GERMAN STATES. rights, shall be agreed upon between the State Government and an authorized agent to be named by the Prince. Art. 19. Although the payments made to the CroAvn treasury dur- ing the time of the usufruct of the Crown property by the State, and paid from the funds of the latter, have not reached the amount of the contribution from the State funds formerly agreed upon, never- theless, in consideration of the increase made during this administra- tion period to the principal of the Crown funds, a corresponding reimbursement to the State Treasury shall be agreed upon with the Estates. Art. 20. The private funds (income) of the Sovereign shall be estimated according to the principles of civil law; savings and earnings from any private civil title shall increase the same. Tho Sovereign shall have free disposition thereof while living, and in case of death, in default of testamentary direction, the provisions of abintestate heir shall take effect. Part III. — Citizens^ their general rights and duties. Art. 21. The rights of domicile, settlement, and franchise shall be governed by State legislation in as far as has not already been so done, and brought into agreement Avith the respective Federal legis- lation. Art. 22. Residence in the Principality obligates to the observa- tion of its laws and insures legal protection. Art. 23. Citizens when in another country owe obedience to the laws of that land also in so far as that country is concerned therein, and they are to be judged according to said laws in regard to acts committed while there, unless treaties of legal redress with other States founded on full reciprocity or general P^ederal laws determine an exception thereto. Art. 24. Citizens are equal before the law. Art. 25. Freedom of person i^ subject to no other restrictions than those prescribed by law. Every subject is free to remove from the country under the legal provisions. Additional taxes and emigration taxes must no longer be levied. Art. 26. Difference in rank and birth shall make no difference in appointment to any position in the civil service, but membership in one of the recognized Christian denominations is required therefor. Art. 27. Every citizen has the right to carry a written complaint to his superiors in regard to illegal or irregular proceedings of the local authorities. If he believes it impossible to be reconciled to the adverse decision of the highest authorities he may take his complaint to the Diet (Stdnde) for constitutional procedure. OLDER LINE. 243 Art. 28. Seizure of letters and papers, except in case of arrest or search warrant, may be undertaken only by virtue of a judicial com- mand provided with the reasons, which shall be served on the ac- cused immediately, or at the latest within 24 hours. Privacy of letters is guaranteed. Criminal examinations, and in case of war necessary restrictions, shall be determined by legislation. Art. 29. Matters of the press, rights of associations and meetings, unless already provided for, shall be regulated by legislation. Art. 30. Property is inviolable. Expropriation can only be under- taken on the basis of law, for considerations of the common good and with adequate compensation. Art. 31. Patrimonial jurisdiction and likewise all feudal obliga- tions are abolished. The manner of the same shall be determined by legislation. Art. 32. All personal taxes and duties arising from manorial and protectoral association shall cease with its abolition and without compensation. All taxes and duties attached by civil law to the ground and soil are redeemable. In so far as not already redeemed the necessary provisions shall be made by law. No piece of property shall henceforth be burdened with an unre- deemable tax or duty. Art. 38. Military service is for all alike. Substitution therefor can not be made. Further particulars shall be determined by legis- lation. Art. 34. Every citizen must contribute to the public taxes accord- ing to the principle of equality and in proportion to his means and power. No one may be incumbered with taxes or other duties to which he is not obligated by virtue of law or special legal title. Ke- lease from public taxes can in no way be granted or acquired. Part IV. — Civil service. Art. 35. Every one in the civil service is responsible for the service he renders. Previous consent of superior authorities is not necessary in order to prosecute legally a public official for his official acts. If the loss of property, which was caused to the person concerned through illegal or unconstitutional procedure of a civil servant in the province of his official activity, can not be settled by the respec- tive civil servant, the State shall step in to his aid. Art. 36. All orders in administrative matters which the Sovereign signs must be countersigned on the part of the superior civil authori- ties who are concerned in the operation of such decision, by the chief 244 CONSTITUTIONS OF THE GERMAN STATES. official, or his substitute, in order that their liability for the agree- ment of the order with the laws and Constitution of the country may be publicly manifested. An order not provided with this counter-signature is not valid. Further details in regard to the relations of civil servants are con- tained in the Civil Service Law. Part V. — Administration of jiistice. Art. 37. All jurisdiction proceeds from the State (article 31). The judiciary and the civil administration shall be independent of each other. The judicial power shall be exercised by the courts within the limits of their competency, independently and absolutely. Cabinet and ministerial justice is unlawful. Art. 38. The judiciary shall be exercised in a manner in con- formity with equality before the law, to such a degree that courts of privilege shall cease, unless single exceptions, depending on treaties or special circumstances, remain further necessary. Further details are reserved for legislation. Art. 39. For criminal cases, the procedure of indictment shall be conducted publicly and orally. In so far as the reconstruction of the constitution of the law courts makes it necessary to enter into rela- tions with other states, and especially w^ith those for which the Su- perior Appellate Court ^ at Jena is the general superior court, the conduct of the procedure in such cases shall remain in the province of the State administration. TPlie establishment of justices of the peace, as well as the introduc- tion of free court days, shall be taken into consideration in accord- ajice with constitutional procedure. Art. 40. The arrest of a person shall only take place by virtue of a judicial command accompanied with reasons therefor, unless he be taken in flagranti delicto. This order must be presented to the arrested person at the moment of arrest, or, at latest, in the course of the following day. In case of an illegal or protracted imprisonment, the person actu- ally guilty, or, if necessary, the State, is obliged to gi^^e satisfaction and compensation to the injured party. The modifications of these provisions required in respect to mili- tary persons are reserved for a special law. Art. 41. A domiciliary visit is permissible only : (1) By virtue of, a judicial order accompanied with reasons, which shall be presented to the person concerned at once, or, at latest, within 24 hours ; 1 Appellate court since tl^e law pf Judieial organization of November 21, 1871. CONSTITUTION OF REUSS, OLDER LINE. 245 (2) In case of pursuit on commission of the act by persons qualified in pursuance of their official duty; (3) In cases and forms where the law has granted the same by exception to certain officials even without judicial order. The domiciliary visit must, when possible, be performed in the presence of the residents of the. house. Art. 42.^ Judicial process is open to every one who believes him- self injured in his rights through an act of the administration. The provisions required to prevent the abuse of this privilege are reserved for a special law. The complaint is to be directed against the State, but when it concerns an act of a communal board, it is to be directed against the commune. Sections 3 and 4 of the law of November 1, 1899, shall have corresponding application to the execution of the Imperial code of civil procedure. The legal provisions of Empire or State shall remain intact ac- cording to which the State or Commune becomes responsible only temporarily or as security for damage caused by its officials in the exercise of the public authority entrusted to them. Art. 43. Confiscation can only take place in respect to single ar- ticles which have served as the object or tool of an offense. Art. 44. Moratoria may not be "granted for State reasons. Art. 45. The Prince shall have the right in criminal cases to stop proceedings, as well as to change, decrease, or release from pen- alty, but not to increase a penalty which has been decreed. Part VI. — Church RelatioTiships^ Schools^ aiid Religiaus Bequests Art. 46. Every citizen is unrestricted in the private exercise of his religion. Free public worship is granted only to the recognized Christian denominations. The Evangelical-Lutheran is the estab- lished Church. Art. 47. The. members of the Christian denominations shall enjoy equal civil and political rights. Those of other creeds shall have only such share in civil rights as has been hitherto granted them, or shall be legally granted them in the future. Art. 48. The Prince shall possess the Episcopal rights over the national Church as established in the church constitution. He shall exercise the supreme power over the churches, the supervision and right of protection over the same. Art. 49. Sufficient provision shall be universally provided through public schools for the education of the young. Parents and guardi- ans must not permit their children or foster children to be deprived of the instruction prescribed for the lower elementary schools. 1 Supplemented by paragraphs 3 and 4 by law of July 25, 1912. 246 CONSTITUTIOISrS OF THE GERMAN STATES. All matters of instruction and education shall be under the over- sight of the highest church authorities. Art. 50. The church and school officers shall be subject to the laws of the State in their civil relations and business. Complaints in i-egard to their administration (disciplinary mis- demeanors) shall be settled through the Supreme Church Board. Upon charge of exceeding their ecclesiastical authority, the same Board shall make corresponding provisions after previous discussion. If the latter are considered inadequate the complaints can be taken to the Prince. Art. 51. All religious bequests (Foundations) without excep- tion, whether intended for religious institutions, instruction, or pur- poses of welfare, shall be under the protection of the State, and the funds or income from the same may not be withdrawn into the State funds under any pretext whatever, nor be applied to any other pur- poses than those in accordance with the conditions of the bequest. Only in case where the purpose of the bequest can no longer be attained may an application to other similar purposes ensue with con- sent of those interested, and where general public institutions are concerned, with consent of the Diet. Art. 52. Legacies and gifts for the benefit of a religious founda- tion do not require for their validity previous ratification by the Prince. Private bequests, so long as their purpose is consistent with the laws of the country, shall not be changed. Va:rtY11.— The Diet} Art. 53. The entire Principality of Reuss, Older Line, shall have a Diet (LaTidesvertretung) , through whose assistance, within the sphere prescribed in this Constitution, strength and continuity may be maintained in the administration and greater safety of general legal conditions shall be assured. The Diet shall consist of 12 deputies. To it shall be chosen, together with a substitute for each deputy : Three chosen by the Prince ; Two chosen from their own number by the nobility hitherto eligible to the Diet, who possess a manor in the country, and by the other owners of restricted estates with an area of at least 150 M org en (acres) ; Seven chosen by the other enfranchised subjects, namely, Two from the city Greiz; One from the city Zeulenroda; 1 See in this connection the law of April 24, 1867, concerning the election of deputies. ooirsriruTiON or reuss, older line. 247 Three from the parishes of the manor of Greiz; One from the parishes of the manor of Burgk, all chosen for six years each. Art. 54. The election of the deputies and substitutes with excep- tion of those to be named by the Prince shall take place only upon the order of the Government according to the provision of the Order of Election. Upon the basis of this Constitution, half of the deputies and sub- stitutes first elected shall retire by lot after three years, namely, one deputy and substitute each of those named by the Prince and those elected by the nobility and estate owners, as well as four of the deputies and substitutes chosen by the election districts. Each time after a further 3 years, the half retires from office which had pre- viously remained in position. The foregoing procedure also applies in regard to the newly elected deputies and substitutes after the dissolution of a Diet {Landtag). In place of those who retire from office other deputies and substi- tutes shall be elected by the respective associates or named by the Prince. If before the expiration of the six-year period the position of a deputy or substitute is vacated by death or in any other manner, the Government shall immediately arrange for a new election. The deputy-elect shall assume the position of his predecessor in every respect, but particularly in respect to the duration of his office. Art. 55. For the exercise of the franchise is required : Citizenship ; Completion of the 25th year of age; Blamelessness of reputation; Possession of one's own household; Payment of a direct tax. Art. 56.^ The franchise shall not therefore be granted to: (1) Those who are under guardianship for any reason; (2) Those over whose property bankruptcy pi-oceedings have been begun, during the duration of such proceedings ; (3) Those in receipt of charity from the public funds, or who have received such aid in the last year preceding the election ; (4) Those under arrest for sentence or examination; (5) Those who, on account of unpleasant incidents while in office, have forfeited their right to public office, or forfeited the freedom to the Bar, or have been suspended from public offices, in the latter case for the duration of suspension ; (6) Those who do not pay direct taxes or are two years in arrears therewith; » New draft of article 56. nos. 2, 4 and 5, by law of December 21, 1911. 248 CONSTITUTIONS OF THE GEBMAN' -STATES. (T) Those who have been declared as deprived of the right of franchise (article 57). Art. 57. Whoever shall buy votes at an election or sell his vote or cast the same more than once at an election intended for one and the same purpose, or whoever has tried to influence the elections of others by the use of unlawful means or has misused his position as an official in order to influence elections, shall — aside from any penalty imposed according to penal law — upon such motion be declared by the proper court as having forfeited his franchise for at least four and not longer than twelve years. Art. 58. Whoever possesses the franchise is also eligible to election in case he has completed his 30th year. Art. 59. When elected he may decline the election only for im- portant reasons. Art. 60. State and Court officials, military men, preachers, and teachers must have the permission of their superiors in order to ac- cept the position of deputy or substitute and must themselves bear the necessary expense of substitutes for their own positions. This permission must never be refused without an important of- ficial reason, but it can be limited to a definite period of time, if deemed advisable at the time of granting it. Art. 61. The Diet shall make the fihal decision in regard to the qualifications of the deputies elected. Further particulars in regard to the manner of election are given in the Order of Election. Art. 62. The following rights in general belong to the Diet : Cooperation in the legislation and regulation of the adminis- tration of revenue; Right of consent to the taxes and increase of public debt ; Right of legislative proposals and of complaints and charges against civil officials (article 89). The limits for the exercise of these rights are prescribed in this constitutional charter. Art. 63. The deputies are not representatives of the election dis- trict with reference to the constituency to which their electors be- long, but rather are to be guided in their official transactions solely by consideration for the general welfare of the citizens as a whole. They must not accept instructions from their electors or election districts, nor commission anyone to vote in their name. They may bring the wishes and complaints of their electors, the citizens of their respective election districts, or of single individuals in the latter, to the consideration of the Diet only when they can iind will undertake the recommendation of the same. Art. 64. At their first entrance into the Diet every member must take the following oath : CONSTITUTION OF KEUSS, OLDER LINE. 249 I swear to observe faithfully the Constitution of the country, and as a member of the Diet always to defend by motion and ballot, to the bc^t of my knowledge and conscience, the inseparable welfare of the Prince and the Fatherland. So truly help me God and His Holy Word, Jesus Christ, Amen. This oath shall be taken in the assembl}^ of deputies before the Head of the Government (Vorstarul) ov his substitute. A deputy who has once taken the oath, when again elected to. this duty, needs simply to promise by means of a handshake and refer to the oath he formerly took. Art. 65. The expression of opinion in the Diet is free. Xo deputy can be persecuted by court or discipline on account of his vote or utterances in the Diet, nor be held responsible elsewhere outs^le of the Diet, unless the case bears evidence of an injury, slander, or other offense punishable under the law. The maintenance of order in the Diet assembly shall be the duty of the Chairman {Prasldlum)^ in accordance with the Order of Busi- ness. The Diet itself, however, has the right to exclude its members for a time or forever, on account of unworth}" behaviour. Tempo- rary exclusion can only be decided by at least two-thirds of the total votes, permanent exclusion only by means of a unanimous vote. In case of exclusion, the excluded member may have recourse to the highest court of justice in the land for the final decision. Deputies are personally inviolable for the duration of the Diet, and cannot be arrested without consent of the Diet, except in case of apprehension in the very act of a criminal offense, and in con- nection with the procedure relating to bills and notes (Wecliselver- fahren) . Art. G6. Projects of laws can be submitted only by the Prince through the Government to the Diet, not by the latter to the Prince. The Diet can, however, propose new laws as well as propose abolition or amendment of the present ones. Without its consent no law may be issued, amended or authoritatively interpreted. Art. 67. The Prince shall issue ^nd announce the laws with due j-e- gard to the consequent consent of the Diet. He shall give the orders and decrees necessary for their fulfilment and application as well as all orders proceeding from the right of supervision and adminis- tration. The Prince shall also issue orders requiring the consent of the representative body according to their nature, with exception of amendments to the Constitution, orders which are urgent on account of the country's welfare and the purpose of which would be either entirely or partially frustrated by dela}^ Such orders nuist, how- ever, be submitted to the Diet for approval at its next meeting, and the members of the Prince's administration who voted for the issu- iince of said orders must guarantee that the countr^-'s welfare de- 250 CONSTITCJTIONS OF THE GERMAN STATES. manded the haste, and all of them must therefore also sign the extra- ordinary orders. Art. 68. For the execution of the decrees of the North German Confederation, ratification by the Diet is not required unless the Federal legislation designates otherwise. The expense necessary for said execution must be provided; the constitutional cooperation of the members of the Diet shall be given with reference to provision for this expense. Art. 69. The Diet shall be obliged to take into consideration the subjects submitted by the Prince before all other matters, unless the urgency of a motion to the Diet from the State Government shall be admitted. In case this admission by the Diet is lacking, the ur- gency should be decreed by a vote of a majority of two-thirds and said matter must be brought up for consideration at least during the current session. The Prince may cause the matters submitted by him to the Diet to be withdrawn during the session and presented in a changed form at another time. The same matter in an unchanged form can only be submitted again to a later Diet. Art. to. The direct and indirect taxes may not be imposed and levied without consent of the Diet, with exception of the case cited in article 72; a change in the existing taxes* is only permissible with consent of the Diet, unless such has ensued in consequence of laws already promulgated. It shall be the duty of the Diet to provide for the raising of or- dinary and extraordinary necessities of the country by appropriation of the fund necessar}^ thereto. It shall have authority, moreover, to examine the necessity, expediency and amount of charges, to delib- erate thereon and to decide upon the manner of providing therefor, the application and assessment of taxes, their duration and the manner of increasing them. For this purpose the Diet shall be given at every regular session a summary of the receipts and expenditures of the past three years and an estimate of the amount needed for the next three years, as soon as possible after the opening of the session, and the necessary explana- tion shall be handed in by the Government with bills and vouchers. Art. 71. The bills for the three years preceding the session of the Diet shall be carefully examined by it with reference to the respective budget and checked with the latter according to the results of the discussion previously held by it in cooperation with the Government. The budget for the following three years, in proportion to the cur- rent transactions of the Government, shall be decided upon with the Diet and with the Prince's approval. Proposals for decreasing the amount demanded for State expenses can only be taken into consideration when the reasons therefor are CONSTITUTION OF REUSS, OLDER LINE. 2^1 given definitely and in detail with pix)of of the manner in which a retrenchment can be miade without disregarding the public good. The grant of appropriations must not be connected with conditions which do not concern these or their application. The gi-ant shall only then be considered as rejected when under the proposals specified, at least two-thirds of the deputies present have vot«d to reject them. Art. 72. When the rejection oi- decrease of grants proposed is considered by the Government entirely incompatible with the in- terests of the country, and an agreement with the Diet is not reached after another deliberation, then the Prince shall have the right one year after the expiration of the time for the grant, on the basis of this paragraph of the constitutional charter, by means of an order publicly announced, to allow the present taxes to continue to be proclaimed and collected; in this case, however, not later than six months before the expiration of the one-year period, an extra ses- sion of the Diet must be convened. If the grant is also rejected by this extraordinary Diet, the Federal decision must be obtained. With the single exception of the case cited above, the ratification of the Diet must be expressly stated at the time the taxes are as- sessed; without such statement neither the collectors are authorized to demand them, nor the citizens obliged to pay them. Art. 73. The assumption of new national indebtedness (article 14) can only be ordered when foreign relations make the summons of the Estates impossible, or when extraordinarily urgent and unfore- seen events make hasty financial regulation unavoidable, and such regulation must be ordered by the Prince with the responsibility of the members of the Government voting therefor, in order to cover the immediate necessity; the requisite bill, however, is to be proposed to the Diet at its meeting which shall be summoned as soon as pos- sible for the granting of its constitutional consent thereto and for giving direction as to the expenditure of money raised. Art. 74. The Diet is authorized to lay before the Prince in suit- able form its common wishes and proposals in reference to all matters pertaining to its competency, in particular in regard to the re- moval of known defects in the civil and judicial administration. Every individual deputy is permitted to submit his wishes and pro- posals to the Diet, which shall decide whether and in 'what manner the matter is to be presented to the Prince. Art. 75. The Diet is authorized to bring complaint to the Prince against the civil authorities in regard to the application of laws in the civil and judicial administration. Unlawful transactions or gross neglect of duty by officials subject to the supreme civil au- thorities can only then be a subject of complaint on the part of the 252 CONSTITUTIONS OF THE GERMAN STATES. Diet, when the individual directly injured thereby has first brought complaint to the proper superior authorities in vain. Art. 76. The Diet may only make complaint against citizens in writing, not through deputations. In cas^ such complaint has not yet reached the proper superior authorities in the constitutional man- ner, it shall not be taken into consideration. If the contrary is the case, and if the complaint seems to tlie Diet well substantiated, said complaint shall be commended to the Prince for proper considera- tion. The result is to be reported to the Diet by the Government. Art. 77. All resolutions of the Diet in civil matters shall only become effective through the express sanction of the Prince; the decision of the Prince on proposals submitted to him shall, wherever possible, be given during the sessions of the Diet. Art. 78. The Diet can only exercise its rights and duties in full Diet assembly. It shall, therefore, be summoned once in three years for a regular session, and in addition to this, as often as necessary for an extraordinary session in Greiz, or in some other place of the Principality. Summons shall be by the Prince, through the Govern- ment, by means of a public announcement and by special written invitation. At the beginning of a change in Government, the deputies shall be summoned within the next three months to an extraordinary session by the Government. The Diet shall be opened by the Prince in person or by an author- ized agent. The Diet may be closed or adjourned at any time by the Prince. The adjournment may not continue longer than six months without consent of the Diet. When during a Diet period an adjournment has already continued for an interval of six months, a further adjournment can only continue with consent of the Diet. The Prince shall haA^e the right to dissolve the Diet according to his pleasure and order new elections; in this case the summons of the newly elected deputies must follow within four months from the aforesaid dissolution. The outgoing deputies can be reelected. Art. 79. The Diet shall elect a chairman and a substitute. The chairman shall conduct the affairs of the Diet, represent its rights in accordance with the Constitution, prepare all business for the Diet, ordain the sessions and the order of business, preserve order and dignity in the deliberations, collect the votes, determine the results thereof, and present the same to the Government in suitable form. Further details are contained in the Order of Business. The latter shall be determined by the Diet, and brought to the knowledge of OLDER LINE. 253 the Government, and is valid for all following Diets, except as changes may be made by their decisions. Art. 80. The Diet shall choose a secretary from the native jurists, who shall be bound by oath by the Government for his function. He shall keep the minutes of the Diet transactions and registra- tions, prepare reports, communications and explanations, and keep the documents in o^der and preserve them. His salary shall b^ de- termined by the DieU with the Prince's approval and assumed by the State treasury. Art. 81. The transactions of the Diet shall regularly be public; they may be secret upon motion of the Diet commissioners in case of communications and matters which they consider necessary to keep secret. The transactions may be secret on motion of the Difet when, after the audience has been dismissed, at least half of the members vote therefor. Art. 82. Deliberations of the Diet can only take place in the presence of at least half of the statutory members ; the presence of at least two-thirds of the members is required for valid decisions. Simple majority is decisive, unless something different is expressly designated in this Constitution. In case of a tie the decision shall be postponed till the next session, but this time in case of another tie, the vote of the chairman shall decide. Each member has only one vote. In expressions of the Diet which are only by way of opinion, the sentiment of the minority shall be reported at its request, together with the sentiment of the majority. Art. 83. The proposals and resolutions of the Diet shall be ob- tained by the Government from the chairman with whom alone the Diet is in direct business relation. The Prince may name special commissioners for transactions with the Diet. All sessions of the Diet are open to these commissioners as well as to the mem- bers of the Government; they may participate in the transactions, and take a word therein at any time, as well as in the apparently necessary explanations, elucidations and corrections, and after the decision of the matter, they may demand another hearing. The chairman can, of course, exercise no disciplinary authority over them. It is the duty of aforesaid commissioners also to answer, either at once, or in one of the next sessions, questions put to them in regard to information, in so far as important considerations do not forbid. Art. 84. The transactions of the Diet are as a rule to be published through the press. The manner of such presentation is reserved to the decision of the Diet in agreement with the Government. Art. 85. The definite results of each Diet shall be recorded in a formal document, the Diet Memorial, which shall contain the Prince's 254 CONSTITUTIONS OF THE GERMAN STATES. commentary on the transactions with the Diet, signed by the Prince in his own liand, delivered to the deputies on their dismissal, and published in the code of laws. The prorogation of the Diet shall take place in the same way as its opening. Art. 86. During the continuance of the Diet, deputies shall draw their daily fees, which have been fixed by the Government, in agreement with the Diet. Those deputies wlip live out of the city or assembly place shall also be reimbursed for the trip back and forlli, the sum of one day's fee each way. Part VIII. — The Protection of the Constitution. Art. 87. The present Constitution is binding upon all citizens im- mediately after its promulgation by the Prince. The successor to the sovereignty, and in case of a regency, the ad- ministrator, on entering upon their governmental duties, in the presence of the superior civil authorities and the chairman of the preceding Diet, or his substitutes, shall promise upon their princely word to defend the Constitution of the land and conscientiouslj'^ fulfil it. The document to this effect to be executed by the successor or the administrator, under his own hand, shall be delivered to the chair- man of the Diet, published in the code of laws and deposited in the archives of the Diet. A report shall be drawn up of this act of delivery of the document and signed by every one present. Art. 88. Before the oath of allegiance has been constitutionally taken by the successor or regent, the administrative power shall be exercised by the highest responsible civil authorities ; the latter shall meantime take the place of the successor or regent in government transactions and proclaim them by the signature of their director (Vorstand) upon the decrees promulgated. Art. 89. In regard to indictment of those in civil service on ac- count of guilt in violation of the Constitution, the regulations cor- responding thereto shall be ordained and specified by legislation (article 62). Art. 90. Resolutions concerning amendments, explanation or sup- plements of the Constitution, require for validity the presence of at least three-quarters of all deputies, taking of the votes twice, between which there must be an interval of at least one week, and a majority vote of at least two-thirds of the deputies present. Art. 91. If constitutional disputes arise between the Government and the Diet, in which both sides seem unable to agree, each side is free to carry it to the decision of the Confederation (Bund). CONSTITUTION OF REUSS, OLDER LINE. 255 Art. 92. The previous Constitution of the Estates now becomes invalid. All laws, ordinances, and rules which are inconsistent with an express provision of the present Constitution, are in so far abolished and invalid. Given under our own signature and the impress of the princely seal. Greiz, March 28, 1867. [L.S.] HEINRICH XXII. Dr. Herrmann. REUSS, YOUNGER LINE. REVISED CONSTITUTION OF APRIL 14, 1852.^ [Preamble.] We, Heinrich. the sixty-second, the oldest ruling Prince of the Younger Line and the whole family of Reuss, Count and Lord of Plauen, Lord of Greiz, Kranichfeld, Gera, Schleiz, and Lobenstein, etc., etc. A reyision of the Constitution having been made necessary by reason of the changes in the public circumstances of the entire Ger- man Fatherland resulting since the publication of the Constitution of November 30, 1849, and this revision having been undertaken in accord with the first regular Diet opened November lOtli of last year, we therefore announce, at the same time expressly abrogating the above-mentioned Constitution of November 30, 1849, the following new Constitution agreed upon on the basis of discussions carried on for that purpose : Section I. — State Territory. Article 1. The Principality of Reuss, Younger Line, forms an in- divisible, independent part of the German Confederation. Art. 2. The constitutional decrees and laws of the German Con- federation are statutable for the Principality and receive binding force through publication prescribed by the Prince. Art. 3. The organization which shall become necessary for the administration of the State shall result by law. Art. 4. The boundaries of the State can be changed only by force of a law. The rectification of boundaries with a neighboring State, by which only individual parcels are exchanged or ceded for the establishment of a well-adjusted demarcation, but by which subjects are not trans- ferred, can take place without the consent of the National Assembly. Section II.^ — The Reigning Prince. Art. 5. The Reigning Prince unites in himself all the rights of supreme power, and exercises these according to the Constitution. 1 Translation by Richard Jente based on text as found in Stoerk-Rauchhaupt, pp. 305-320. 2 The changed wording printed here of sections II and III, and of article 53 in section IV and article 107 in section XI of the Constitution of April 14, 1852, was authorized and published by law of June 20, 1856, regarding the change of some parts of the Con- stitution issued on April 14, 1852. 256 CONSTITUTION OF REUSS, YOUNGER LINE. 257 His person is sacred and inviolable. Art. 6. The extent to which the Reigning Prince is bound to the cooperation with the National Assembly in the exercise of govern- mental rights, w^ill be determined by the Constitution. Art. T. The Reigning Prince can pardon and mitigate punish- ments and also stop legal proceedings. Art. 8. The Government of the land with all its present and future parts, as well as the princely possessions belonging to primogeni- ture, are hereditary in the male line of the Princely House in con- formity with the family laws according to the right of primogeni- ture and agnatic succession. Art. 9.^ If the Prince is under age, or permanently prevented from ruling in person for some other reason, a regency will intervene. The regency will fall to the agnate next in succession who is ca- pable of governing. With the acceptance of the regency the regent has to draw up a document of asservation, that he will upon his princely word and honor maintain the Constitution of the State, and govern in accord with the Constitution and the laws. The original of this document of asservation will be deposited in the archives of the Diet. Art. 10. The detailed provisions of the family compacts and the family traditions will apply regarding the attainment of majority, the equality of birth, the division of the princely family and private possessions, the position of the princely family and private posses- sions, the position of the princely widows, the posthumous children and other members of the Princely House.^ Art. 11. The changes in the family laws arising in accordance with the Family Constitution shall be established only with the consent of the National Assembly, if they affect the order of succession, the guardianship over a Prince subsequently appointed to the Govern- ment, the regency existing during such guardianship, and the ma- jority of the latter. Section III.^ — The Rights and Duties of Subjects. Art. 12. The rights and duties of subjects are in general deter- mined according to existing laws. Art. 13. Nationality (the rights of natives) belongs to a person by reason of birth or is especially acquired by express admission, and is forfeited by emigration or similar act. 1 A rewording of article 9 by law of November 9, 1893. 2 The Family Statute of December 1, 1858, fixes for the attainment of majority for all members of the Princely House the completed twenty-first year. Cf. H. Schulze, Haus- gesetze, vol. 2, p. 357 et seq., for family statute 8uh supplementary statute of August 6» 1861. ^Cf. note to section II. 92975—19 17 258 CONSTITUTIONS OF THE GEKMAN STATES. Art. 14. The enjoyment of local civil rights, whether in cities or communities, can belong only to citizens. Art. 15. Citizenship is acquired by admittance into the civil and municipal society of a local community of the country, and by taking the oath fixed in article 105 of the revised Constitution with the intention of such admission. Art. 16. Citizenship ceases: 1. With the loss of nationality ; 2. With the legal sentence to a dishonoring punishment, irrespective of a probable subsequent rehabilitation ; 3. By the legal decision of a competent judge expressly pro- nounced in such case. Art. it. The lack or loss of citizenship is in itself without influ- ence upon nationality as well as upon the mere civil rights and duties, unless special laws establish an exception. Art. 18. Every subject has the right of free emigration with ob- servation of the legal provisions. Permission to emigrate may not be connected with the condition of the payment of emigration taxes. Art. 19.^ The enjoyment of civil and political rights is inde- pendent of religious creed. Art. 20.^ Every inhabitant of the land has the complete freedom of conscience and the exercise of religion. Religion may, however, never be used as a pretext to escape any legal obligation. The Christian religion will be established as the basis of those in- stitutions of the State which are connected with the exercise of religion. Art. 21. Property and other rights and prerogatives can be claimed for purposes of the State or of a community or of such persons who are exercising rights of the same, only in cases and forms determined by law and with full previous indemnification. Art. 22. It shall be free to everyone to lodge a complaint regarding the conduct or procedure of a public authority disadvantageous to his interests and contrary to the Constitution, law or order, with the office directly superior to that authority, and to prosecute such a complaint if necessary even to the highest authorities. If the com- plaint lodged is deemed unfounded by the superior authority, the latter is obliged to reveal to the complainant the reasons for his decision. Art. 23. Likewise in every case where anyone believes himself injured in his rights, legal complaint shall remain open to him, and also in proper cases the liberty to request an appeal to the Diet. 1 Articles 19 and 20 of the Constitution were brought into valid form by law of July 19, 1867. Cf. also the Federal Law of July 3, 1869, regarding the equality of con- fessional rights. CONSTITUTION OF REUSS, YOUNGER LINE. 259 Aside from cases in which according to express legal injunction the taking of legal steps may result, legal complaint is in general not open in cases where the alleged violation of rights rests upon an application of prerogatives of the State or Sovereign, performed at the decree of the State authorities, and where a right can not be proved violated by the same, which is based upon a definite title and by which, excepting the field of civil law, the application of the above-mentioned State prerogative is limited in the individual case. Akt. 24. In general it is open to the individual subject, as well as to whole communities and corporate bodies to deliberate and prefer their wishes and requests by legal means. Art. 25. Exclusive trade and industrial privileges shall no longer be granted without the consent of the Diet. Patents for inventions can be granted by the Government for a definite period, however not longer than for ten years. Art. 26. Laws now existing for such cases and the provisions of the laws of the Confederation shall decide conditions of the press and book trade as well as questions pertaining to the right of union and assembly, and in fact as regards conditions of the press and book trade they shall remain in force until that time when a generally binding Federal press law shall be promulgated for the German Federal States and also in our own lands. Art. 27. The secrecy of letters is to be kept inviolable. The wilful indirect or direct violation of such secrecy shall be penally punished. Exceptions occur only in criminal investigations and cases of war. Art. 28. Every person capable of bearing arms is obliged to de- fend the Fatherland in case of need, and the laws in question deter- mine the details of obligation to military service. Art. 29. The independent administration of their community af- fairs under the supervision of the State shall be assured the com- munities in legal manner. Art. 30. The property and the income of the communities and their institutions may never be united with the State property or State income. Art. 31. The special relations of State officials are directed according to the laws and rules of service dealing with the rights and duties of such persons. Art. 32. A regulation absolutely excluding an application for dis- charge from service is illegal. Art. 33. Every State official is responsible for the performance of his official duty unless he has been directed to undertake it by his superior authority. Art. 34. The administration of justice is separated from the Stat© administration. 260 CONSTITUTIONS OF THE GERMAN STATES. Art. 35. Tlie taking and prosecution of prescribed legal steps be- fore the courts of the country may not be prevented. Art. 36.1 Art. 37. No one may be deprived of his regular judge, whether in civil or criminal cases, unless it occur in the regular way according to the principles of existing law through the competent higher court. Accordingly, extraordinary commissions and courts of justice may not be introduced, unless the state of war has been declared, in which cases military -court jurisdiction can take place within the prescribed limits against civilians also. Art. 38. No one may be subjected to trial, placed in custody, de- tained there, or punished otherwise than in the cases and forms deter- mined by law. Art. 39. Every person in custody must be informed of the cause of his arrest and be examined by a court official of the court arresting him or of that court to which he is to be delivered, if possible at once, or at latest within forty-eight hours after his arrest or delivery. Every person taken into custody for trial must be delivered with- out delay to the competent court. • Art. 40. Domiciliary visit takes place only at the direction of a competent court or police authority. Art. 41. No accused person may be denied the right of statement of grievances during trial, the right of defence or the decision, if he demands it. Art. 42. The person in custody is permitted under proper legal su- pervision to conduct family affairs with his relatives in word and writing, and also to procure during trial from his own means better food than the ordinary. This permission can be denied by the court because of abuse or other justified reasons. Art. 43. The courts for civil and criminal law are independent in all instances within the limits of their judicial qualifications. Such courts decide according to the existing rights and laws without any outside influence. They shall be protected in their procedure, espe- cially also in the execution of their decrees and decisions — ^however, without encroachment upon the decrees of the higher court authori- ties and without detriment to the Prince's right of pardon — and suit- able assistance shall be herein performedi by all civil and military authorities. Art. 44. In the future, confiscation caii take place only in the case of individual things which have served as objects or implements of a crime. A general confiscation of property will occur in no case. * Article 36 rescinded by law of September 12, 1879 ; cf. also the note to articles 113-115. CONSTITUTION OF EEUSS, YOUNGER LINE. 261 Art. 45. Moratoriums may be conferred only under prerequisites and conditions established by common law, as the case may be. Art. 46. As regards the exercise of hunting and the conditions to be fulfilled thereby, provisions may be issued by statute, which hoAV- ever may not affect the rights of the land-owners as such in respect to hunting. Art. 47. The indirect and direct exercise of ecclesiastical powder over the Evangelical-Lutheran State Church remains as heretofore, in the hands of the Prince. In liturgical matters decrees are issued by the consistory, and no essential innovations shall in general be cultivated before an especially convoked synodal assembly is questioned on such matters. Art. 48. Provision is to be made at all times as far as possible for public education, as well as for the maintenance and development of the lower and higher institutions of learning. Art. 49. All institutions without exception, whether determined for religion, education, or benevolence, are under the special protec- tion of the State, and the property or income of such institutions may under no circumstances be included in State property. Section IV. — The National Assembly. Art. 50. The rights of the people are represented by freely elected deputies without class distinction. Art. 51.^ Art, 52. No representative of the people can have his vote exer- cised by proxy, nor receive instructions for his vote. Art. 53.2 Upon entrance into the Diet Assembly each member of it solemnly swears as follows : I promise that faith toward the Prince, the Princely House, the country and the Constitution shall guide me in my motions and voting as a member of the Diet, and that I will support in the Diet Assembly the welfare of the Sovereign nnd the welfare of the Fatherland as inseparably connected with one another, by averting all injury and by furthering all advantage, without personal con- siderations and without all other secondary considerations, to the best of my knowledge and conscience. Section V. — The Rights and Duties of the National Assembly. Art. 54. To the National Assembly there belong in general the following rights: {a) Cooperation in taxation, especially the right of granting supplies ; {b) Cooperation in the regulation of the State finances, as well as (3, clauses 13 and 17, were revised by law of December 3, 1868. 284 CONSTITUTIONS OF THE GERMAN STATES. 3, 4, 6, 7, and 12, should be prevented, by their being minors, or by any circumstance which the Chamber shall approve of, from taking part personally in the business of the session, the nearest heirs of such possessors, if they be not ineligible, according to article 74, may be admitted to the Chamber in their stead; but the possessors of the principality Wildenfels and of the Schonburgian princely feuds, may at all times appoint their plenipotentiaries in the Cham- ber by right of their hereditary votes ; which plenipotentiaries must not be disqualified, according to article 74, and must possess an eques- trian feud in the Kingdom of Sa;xony. 65.^ Regulations relative to the possesses of equestrian feuds, — The election law makes further provisions wnth regard to the dele- gates mentioned in article 63, clause 13. Only those property owners are eligible who possess in the King- dom of Saxony one or more equestrian estates, which, inclusive of the appurtenances, are assessed at 4,000 thalers, at least, or those who possess some other estate in the lowlands assessed at 4,000, thalers, at least. Each of the 10 possessors of equestrian feuds, to be appointed by the King, according to article 63, clause 14, shall derive a clear annual revenue of at least 4,000 thalers, from one or more feuds situated in the Kingdom of Saxony ; and the King may select them even from among the possessors of the Schonburgian feuds, as far as they do not already belong to the Chamber, according to article 63, clauses 4 and 12. Ministers in actual service and paid officers of the Court shall not be nominated. The delegates specified under article 63, clauses 14 and 17, must always be named. 66. Duration of functions in the First Chamber. — The members of the First Chamber, who belong to it by virtue of their office, shall retain their seat so long as they may continue to fill such office. The representatives of the University, and of the public estab- lishments, and also the plenipotentiaries of the princely feuds of Schonburg, and that of Wildenfels, shall retain their seats until their successors can be lawfully admitted. The possessors of equestrian feuds, chosen from among their own body, and those nominated by the King, shall continue to be members of the Chamber, so long as they retain the qualifications by virtue of which they were nominated or chosen, as the case may be; but those possessors of equestrian feuds who may be chosen members, and shall be afterwards employed in a public capacity, or promoted to a higher office, or become paid servants of the Court during the 1 Articles 65 and 66 were revised by law of December 3, 1868. CONSTITUTION OF SAXONY. 285 performance of their duties, as members of the Assembly of the Estates, shall vacate their seats, but may be reelected. Possessors of equestrian estates appointed by the King remain members of the Chamber as long as their landed property satisfies the requirements prescribed in article 65. 67.^ The pre.nclent and his suhstifutc. — The president of the Upper Chamber shall be appointed by the King, for every session, from among those members who belong to it, in consequence of their possessing feudal domains; and he shall not reside out of the Kingdom. The Chamber elects one or more vice-presidents. 68.2 ^Yi^Q Second Chamber of the Estates is formed of 91 deputies, of whom 43 are elected in municipal electoral districts and 48 in rural districts. Future incorporation of communes or changes of the communal constitutions of individual localities have no effect on the member- ship of said localities in the election districts. [Articles 69 and 70 were rescinded by law of December 3, 1868.] 71.2 r^Y^Q deputies of the Second Chamber of the Estates are elected for 6 years. After expiration of the 6 years the Chamber is newly elected. When a deputy resigns before the expiration of the six-year pe- riod, the election of a substitute is valid only for the rest of the election period. The delegates cease to be members of the Chamber if — (a) they lose their eligibility; (b) they are employed in the service of the State, or are ad- vanced to a higher position, or accept a paid position at Court ; (c) the King dissolves the Chamber, or (d) they resign voluntarily. In the cases specified under h to d they* may be reelected immedi- ately. 72.^ The Second Chamber elects its president and one or more vice-presidents. 73. Regulations common to hoth Chamhers. Ages of electors and candidates. — An elector, in order to participate in the privilege of electing a member of the Assembly of the Estates, must have com- pleted the 25th, and a candidate the 30th, year of his age. 74.* The election law makes further provisions relative to eligi- bility to vote and to be elected. Those persons who have, according to the election law, been de- prived of the voting privileges in general and without difference * Paragraph 2 revised by law of October 12, 1874. 2 Revised by law of May 15, 1909. Similarly, article 71. 3 Revised by law of October 12, 1874. * Revised by law of October 19, 1861. 286 CONSTITUTIONS OK THE GERMAN STATEa. of the various classes can not enter the First Chamber or retain their seats therein, in accordance with article 64, as substitutes of landed proprietors named in article 03, clauses 3, 4, 6, T, and 12. 75.^ Election of servants of the State and of other officers. — If a public servant shall be elected a member of either of the 2 Chambers, or a member's substitute, he shall communicate the same to his superior official authority in order that he may consider whether the election can be approved and provide, if it be approved, for the temporary execution of the duties of the person elected. Th? approval shall not be refused except for weighty reasons, applying solely to the character of the office, which reasons must be communi- cated to the Estates. This provision applies also to all other officials, to members of the clergy, teachers, as well as military persons. Municipal officials must secure the consent of the municipal councils, which may be withheld only for the same reasons. The Government shall decide upon the validity of any representa- tions, with respect to the refusal to grant consent. 76.2 Qj.^Q^ Qj sitting. — The arrangement as to precedence, in sit- ting in the Upper Chamber, shall be regulated, so far as regards the members named in article 63, clauses 1 to 12, according to the order therein pointed out ; and as regards the other members, and those of the Lower Chamber, it shall be regulated by lot, which shall be decided at the opening of the Chamber. The president shall draw for those members who may not be present upon the occasion. The plenipotentiaries take the places of those whom they represent. 77. Law of election and proceedings of the Estates, — Further regulations relative to the proceedings at the election of both Cham- bers, and to the qualification required b}^ electors, to entitle them to vote for members of the Lower Chamber, shall be contained in the election law which, although not composing an integral part of this Constitution, shall not be altered without the consent of the Estates. 2. EFFICIENCY OF THE ESTATES. 78. General duty of the Estates. — The Estates shall, be the consti- tutional organ of the collective body of the subjects and citizens, and as such they shall be required to maintain the rights guaranteed to them by the Constitution, in their position, as therein fixed, with reference to the Government of the State, and also to promote to their utmost ability the inseparable prosperity of their King and country, with a strict adherence to the principles of the Constitution. . 79. Jurisdiction of the Asserribly of the Estates. — The affairs which belong to the Assembly of the Estates, are clearly pointed out in the * Paragraph 2 revised by law of October 19, 1861. •Revised by law of December 3, 1868. CONSTITUTION OF SAXONY. 287 present Constitutional Law, and tliey shall in no case be submitted to committees of the Estates, or to any other corporate body. The Assembly of the Estates may, however, on its part, occupy itself with those affairs, only when they are referred to it, or with such subjects as may be specially referred to it by the King. 80. Priority of maUers referred to the Estates hy the King. — The Estates shall be bound to discuss those subjects which may be referred to them by the King, before they deliberate on any other matters. 81. Personal exercise of their functions hy the Estates. — The mem- bers of both Chambers, with the exception of the cases mentioned in article 64, relative to the possessors of certain princely feuds, shall attend in person, and shall not authorize any individual to vote in their name; nor shall they receive any instructions from their con- stituents, they being guided in their conduct by their own conviction. They shall be at liberty to present to the Assembly of the Estates an}^ petitions speciall}^ transmitted to them for that purpose, and to promote the interests thereof, if they shall deem it expedient. 82. Oath of the Estates. — Every member of the Assembly of the Estates shall, upon his first admission into the Chamber, take the following oath : I swear, by Almighty God, faithfully to maintain the Constitution of the Kingdom, and, in my propositions and votes in the Assembly of the Estates, invariably to promote the inseparable welfare of my King and country, accord- ing to the best of my ability. So help me God. The Presidents of both Chambers shall deposit the oaths subscribed by them in the hands of the King, and those of the other members thereof shall be delivered to the member presiding over their re- spective Chamber. Upon the introduction into the Chamber of a member who has been reelected, he shall bind himself to the performance of his duty, by a solemn handsliake with reference to the oath formerly taken by him, in token of his adherence to its contents- [Article 83 rescinded by law of October 12, 1874.] 84. Personal inviolability of the nienfihers of the Estates^ during their session. — The Estates shall enjoy, during the period of the ses- sion, perfect inviolability of person, as well in their collective, as in their individual capacity. No member shall, therefore, on any ac- count, be arrested during the session, without the express consent of the Chamber to which he may belong, except in case of his being de- tected in the actual commission of a criminal offence, or in conse- <|uence of any proceedings connected with the fraudulent issue of bills of exchange. 85. Legislative funeticns of the Estates, and. propositions relative to the laws. — Projects of law may be submitted by the King to the Estates, and by the Estates to the King. 288 CONSTITUTIONS OF THE GERMAN STATES. The Estates may also deliberate upon the adoption of new laws, as well as upon the repeal or alteration of existing laws. The motives shall be affixed to every project of a law. 86. Assent of the Estates to the laws. — No law shall be passed^' amended, or authentically interpreted, without the acquiescence of the Estates. 87. Power of the King^ with reference to laws and ordhuinccSy farticularly in urgent cases. — The King shall issue and promulgate the laws, provided they have received the sanction of the Estates ; he shall also publish the orders and regulations which may be necessary for the due execution and observance of them, as well as such other regulations and directions as may be requisite, in the exercise of his superintending and administrative authority. 88. The King shall also issue those regulations, which, from their nature, require the acquiescence of the Estates, but which are of such pressing importance to the welfare of the community, that their tem- porary object would be frustrated by delay; with the exception, how- ever, of any alteration whatever in the Constitution, or in the elec- tion law. The ministers shall be responsible, collectively, for the urgent necessity which required the adoption of such measures, and they shall severally countersign the ordinances issued upon the occasion^ which must be submitted to the Estates at their next meeting for their approbation. 89.^ The right of the Estates to adopt measures for the require- ments of the State, provided for in article 97 of the Constitution of September 4, 1831, is subject to the limitations made in articles 2 and 70 of the Constitution of the German Confederation. 90.2 'Withdrawal of projects of law suhmitted hy the King. — The King shall be at liberty to withdraw any project of law which he shall have submitted to the Chambers, even pending the discussion thereof by the Estates. 91. Mode of proceeding when the Chambers differ in opinion upon a project of law. — If the Chambers should be divided in opinion as to the acceptance of a project of law, they shall have recourse, pre- viously to delivering their report, to the measures prescribed in article 131, with a view to effect an agreement upon the subject. 92. Rejection of a project of laic. — Should the two Chambers, after having recourse to those measures, still differ in opinion, it shall be necessary, in order to reject the project of law, that at least two-thirds of the members present in one of the 2 Chambers, shall have voted for its rejection. 93. Specifications of the reasons for rejecting or altering a project of law. — The report of the Estates, in which they either entirely re- » Revised by law of December 8, 1868. 3 Article 90, sentence 2, rescinded by law of December 8, 1868. CONSTITUTION OF SAXONY. 289 ject, or suggest alterations in. a project of law, must contain a state- ment of the reasons thereof. 94. Form of proceeding when a project of laio^ accepted with amendtnent hy the Estates^ shall not he approved hy the Kiiig. — If a project of law, which shall have been accepted by the Estates, but amended by them, should not be approved by the King, it may be entirely withdrawal ; or it may be again submitted to the Estates, dur- ing the same session, in its former shape, accompanied by the grounds of disapproval, or with the alterations proposed by the Government. In the two last cases, the Government shall be at liberty to require the unconditional acceptance or rejection of it. 95. Form of proceeding when a project of law shall he abso- lutely rejected hy the Estates. — A project of law, which shall have been absolutely rejected by the Estates, may be again submitted to them, in the same form, in the succeeding session, or in an amended shape, during the same session. 96.^ Jurisdiction of the Estates in matters of finance. Consent of the Estates to the impositiorh or alteration of taxes. — The existing direct or indirect taxes shall not be changed without the acquiescence of the Estates, nor shall such taxes be imposed and levied w^ithout their approbation, except in the cases stated in articles 1, 5, 6, and 8 of this law.2 97. Investigaion and decision of the Estates^ with respect to the sums required for the public service. — It shall be the duty of the Estates to provide the necessary means for defraying the ordinary and extraordinary expenses of the State; and they shall be author- ized to inquire into the necessity for, and destination of, the sums to be voted, and to offer suggestions thereupon; arid also to decide upon the granting of the proposed sums, the mode of providing them, the equitable principles according to which the duties and imposts shall be levied, upon persons and things, as well as the mode of levying them, and the length of time during which they shall" continue to be levied. 98.^ Statements of the ways and m^ans for the Estates. — A com- plete account of the income and expenditure during the next to last fiscal period, and an estimate of the amount required for the suc- ceeding 2 years, together with suggestions thereupon, shall be sub- mitted to the Estates in every ordinary session (article 115), as soon after its commencement as possible. 99. Vouchers and explanations of accounts, for the Estates. — In order that the Estates may be enabled to decide thereupon, there shall be laid before them, by the principal authorities of the State, and,. 1 Article 96 revised by law of May 5, 1851. 2 This refers to articles 89, 103. and 105 of the Constitution. 3 Revised by laws of May 5, 1851, and of December 3, 1868. 92975—19 19 290 CONSTITUTIONS OF THE GERMAN STATES. should they require it, by the heads of the respective departments, the requisite exphiuations, concerning the accounts and vouchers. Estimates for secret services shall not be entertained, unless accom- panied by a written assurance on the part of the King, countersigned by at least 3 of his ministers, that the expenditure of the same has been, or shall be, made for the true interests of the country. 100. Declaration of the Estates^ as to the sums required for the fub- lic service. — After having carefully examined, agreeably to their duty, the before^mehtioned accounts, vouchers, and appendices, the Estates shall report to the King the sums to be raised according there- to ; and should they propose a diminution of the amount required, the reasons for the same must be distinctly detailed, and the objects stated, as well as the form and manner in which the reductions can be effected, without detriment to the interests of the State. 101. Mode of froceeding.^ if the Chambers differ as to grants. — If the 2 Chambers should be divided in opinion as to grants of money, recourse shall be had to the arrangement prescribed in article 131, for the purpose of effecting an agreement. 102.^ Considerations upon which the grants of money are to de- pend. — The voting of taxes by the Estates shall never be made to de- pend upon considerations which do not immediately relate to the taxes themselves, or to the application of them. 103. Mode of proceding, when an agreement with the Estates^ as to a grant, ca/n not be effected. — The propositions, and the reasons upon which they are founded, as submitted by the Estates to the Government, agreeably to article 100, shall be thoroughly investi- gated, and their compatibility with the interests of the State inva- riably kept in view. But should they be found objectionable, and should the Estates, notwithstanding a new discussion, and the explanations given to them upon the subject, continue to refuse to vote a grant, in the manner proposed, the King shall cause the taxes, necessary for the service of the State, provided they have not been voted expressly for a temporary object already attained, to continue to be imposed and levied by the chief authorities, by virtue of an ordinance, to be inserted in the collection of the laws, for a year, after the expiration of the term for which they had been previously granted. In the proclamation to be issued for this purpose, the peculiar nature of the circumstance shall be described, and reference made to the present article of the Constitutional Law. The proclamation so issued, for prolonging the period for col- lecting the taxes, shall be in force only for one year ; in consequence of which an extraordinary session of the Estates shall be convoked by the King, 6 months at the least before the termination of that period. * Articles 102-105 were replaced by articles 4-8 of the law of May 5, 1851. CONSTITUTION OF SAXONY. 291 A grant shall not, however, be considered as refused, unless two- thirds, at least, of the members present shall, in one of the Chambers, have voted for its rejection. 1/ If the period of appropriation should expire before a new appropriation has been made, and if none of the cases foreseen in article 5 of the law of May 5, 1851, should occur, and if the budget bill has not been delayed by the Govern- ment in violation of the provision of article 3 of the aforementioned law, the existing taxes and revenues- shall be continued in force for another year, as far as they were not intended for a temporary purpose which has already been at- tained, and subject to the provisions of the budget for expenditures. 2. This continued levy of old taxes shall l?e permissible without the consent of the Estates only if, beside the stipulations mentioned in 1 : — (a) the Estates have been assembled at least 7 weeks before the expiration of the appropriation period, and soon after the opening of the session a law has been submitted to them on the provisional continuation of the tax, and if this law has been rejected or not yet passed within two weeks before the expiration of the appropriation period, or (b) if conditions make a speedy convocation of the Chambers impossible, which impossibility must subsequently be proved before the Chambers. 104. Reference to the consent of the Estates^ in proclamations relative to taxes. — With the exception of the case provided for in articles J, 2, 5, 6, and 8 of this law (articles 89, 96, 103, 105), the acquiescence of the Estates shall be expressly stated in the proclama- tions concerning the taxes; the collectors shall not otherwise be authorized to demand them, nor the public be bound to pay them. 105. Mode of proceeding^ when urgent financial measures are necessary. — No loan shall be valid without the acquiescence of the Estates. If unforeseen circumstances of an extraordinary and urgent nature should occur, requiring the immediate adoption of financial meas- ures, for which the consent of the Estates will be necessary, an extraordinary session shall be summoned. Should, however, any particular circumstance render such a ses- sion impracticable, the King may, under the responsibility of the heads of the ministerial departments, who shall recommend such a course, adopt such provisional measures as may be indispensable for meeting the exigency of the moment, and may even, as an excep- tion, contract for a loan, if indispensable; but the measures so adopted shall be submitted to the Estates as soon as possible, and, at the latest, at their iiext ordinary session, in order to obtain their constitutional consent; and the}^ shall also be made acquainted with the appropriation of the sums which it may have been necessary to disburse. 106. Reserve fwnd. — A reserve fund shall be formed, and be inva- riably included and voted in the budget, in order that the Govern- 1 1 and 2 were added by law of November 27, 1860. 292 CONSTITUTIONS OF THE GERMAN STATES. ment may be provided with the extraordinary resources that may be necessary, in case of unforeseen occurrences. 107. Sinking fund. — A sinking fund, subject to the administra- tion of the Estates, shall be established for the special purpose of dis- charging the interest of the national debt, and of providing the means for its extinction. It shall be managed by a committee of the Estates, assisted by cer- tain officers appointed by the members and approved by the King; the committee shall continue to act, in the event of the dissolution of the Second Chamber, until the opening of the succeeding session of the Estates, and the appointment of a new committee. The Government shall be at liberty, at all times, by virtue of its privilege of supreme superintendence, to take cognizance of the state of this fund. The annual accounts of the same shall be examined by the chief authorities of the Board of Accounts and be laid before the Estates at every ordinary session (article 115) in order that they may audit and approve them. The result shall afterwards be printed and pub- lished, in the name of the Estates. 108. Duty of the Estates, with reference to the property of the pub- lic, and the hereditary entailed property of the Reigning House. — The Estates shall be authorized and bound to watch over the admin- istration of the property of the State, and of the hereditary entailed property of the Royal House, in the manner pointed out in articles 18 and 20. 109. Right of the Estates to petition. — The Estates shall be en- titled to submit to the King, in a suitable form, their common opin- ions and propositions, relative to matters within their jurisdiction. Herein shall be included proposals for the remedying of any de- fects which may be found in the general government of the country, or in the administration of justice. In like manner, every individual member of the Estates shall be authorized to submit, to the Chamber to which he may belong, his own opinions and propositions upon the same subjects, and such Chamber shall decide whether, and in what manner, they shall be further considered. If the Chamber shall proceed in the matter, after an investigation shall have taken place in consequence of the proposition, the cooperation of the other Chamber shall be invited and the matter shall be submitted to the King, provided that the 2 Chambers shall concur in the resolution. 110. Right of the Estates to prefer complaints. — Each Chamber, provided the two Chambers can not unite upon the subject, may, separately, prefer complaints against the principal authorities of the State, and the chiefs, individually of the ministerial departments CONSTITUTION OF SAXONY. 293 (article 41), relative to the execution of the laws, with respect to the government of the country, or the administration of justice. The ordinances and other regulations appertaining to the affairs of the Government, which require the signature of the King, and which may be necessary in order to establish such complaints, shall be countersigned, agreeably to article 43. The illegal proceedings, or gross neglect, of public servants, be- longing to the ministerial departments, shall be made the subject of complaint on the part of the Estates, only when the conduct of the individual, immediately affected thereby, shall have been complained of to the department concerned, or other legal measures shall have been taken without effect. 111. Right of the Estates to receive the complaints of their felloto- suhjects. — The Estates may receive the written complaints of their fellow-subjects, but not deputations from corporate bodies. If it shall appear that a complaint has not reached the ministerial de- partment concerned, in a constitutional manner, and has remained there without redress, it shall not receive consideration; but in the contrary case, if the complaint shall appear to the Estates to be well founded, they sha-ll be at liberty, according as they may deem fit, to refer the same either to the department concerned, or to the chief authorities of the State, or to take the matter into their own hands, and, after discussing it in both Chambers, to recommend it to the King for suitable consideration. The rejection of such complaints, or the result of the investigation of them, shall be communicated to the Estates. 112. Decrees of the Estates requiring the approbation of the King. — All decrees of the Estates, w hich refer to any public matter, shall require, in order to be valid, the express sanction of the King. 113. Decision of the King upon proposition of the Estates. — The King shall decide upon every proposition submitted to him by the Estates, and his decision shall be communicated to them, if possible, during the same session. If the proposition be rejected, the reasons for its rejection shall be stated ; and this regulation shall be more par- ticularly observed when the proposition shall relate to the passing, repeal, or alteration, of a law. 114.^ Committees of the Estates appointed to act during their re- cess. — ^The Assembly of the Estates may, with the approbation of the King, for the preparation of certain defined matters of dis- cussion, and for the execution of decrees, relating to the business of the Estates, which may have received the royal assent, appoint com- mittees, to assemble and act for these purposes, during the interval between one session and another, and also during the adjournment of a session. 1 Revised by law of October 12, 1874. 294 CONSTITUTIONS OF THE GERMAN STATES. 3. SESSION OF THE ESTATES, AND MODE OF CONDUCTING THEIR PROCEEDINGS. 115.^ 2'ime and place of the session of the Estates^ and mode of summoning the sam^. — The King shall appoint an ordinary session of the Estates at least once in every 2 years, and extraordinary ses- sion whenever circumstances requiring legislation, or that may be otherwise important, shall render it necessary. An extraordinary meeting of the Estates shall invariably take place, upon a change in the Supreme Government, and within 4 months after that event. The part of the Kingdom to be appointed for holding the session, shall always depend upon the pleasure of the King. The Estates shall be summoned to every session by a proclamation, which shall emanate from the chief authorities of the State, and be inserted in the collection of the laws, and by a circular notice transmitted to each member. 116.2 Adjourmnent and closing of the session^ and dissolution of the Second Chamher. — The King shall order the former closing of the Assembly of the Estates. He may also adjourn it, or dissolve the Second Chamber, by which latter proceeding the First Chamber is likewise declared to be adjourned. Th6 adjournment shall not continue beyond 6 months without ex- press consent of the Estates. Upon the dissolution of the Second Chamber, the election of the new representatives for the same, and the summoning of the Estates, shall also take place within 6 months. 117. Opening and closing of the Assembly of the Estates. — The King shall open and close the Assembly of the Estates, either in his own person, or by a commissioner specially authorized for that purpose. 118. Prohibition to meet without authority, — The Chambers shall neither assemble of their own accord, nor continue to meet and de- bate after the closing, or adjournment, of the session or the dissolu- tion of the Second Chamber. 119. Document to he presented by tlie King to the Estates^ at the close of each session. — The definite results of the session shall be collected in a formal document {Landtag sab schied)^ which shall contain the report of the King of his transactions with the Estates, and, being authenticated by the royal sign manual, shall be pre- sented in original to the Estates at the time of their closing, and inserted in the collection of the laws. 1 Revised by law of December 3, 1868. 2 Paragraph 2 revised by law of October 12, 1874. CONSTITUTION OF SAXONY. 295 120.^ Allowances for the daily and traveling expenses of the Estates. — The Estates, with the exception of those members of the Upper Chamber, mentioned in article 63, clauses 1-T, 9, 11, and 12, shall receive an allowance, as a remuneration for their daily extra and traveling expenses, according to the law fixing the proceedings of the Estates {Landtag sordnitng) . 121. Each Chamber to act and vote separately. — Each Chamber shall carry on its proceedings separately, and vote separately upon representations to be made to the King. 122. Communications from the King to the Chambers.— The com- munications from the King to the Chambers, which relate to taxes and grants, shall be made, in the first instance, to the Lower Cham- ber; in other cases it shall be left to the pleasure of the King, as to which of the 2 Chambers his communications shall be first submitted for consideration. [Articles 123-126 were rescinded by law of October 12, 1874.] 127. Deliberations of the Chambers. — The Chambers shall not de- liberate upon any subject, unless one-half, at least, of the number of members appointed by the Constitution be present. 128.2 Their votes and decisions. — Resolutions shall be adopted by the Chambers only when one-half, at least, of the constitutional num- ber of members are present at the sitting. Each member, including the president, shall have 1 vote. Questions shall be decided by an absolute majority of votes, except in the cases stated in articles 92, 103, and 152. If the votes shall be equal, the question shall be again brought forw ard at the next sitting, and if an equality shall again occur, the president shall then have a casting vote. Should the subject of discussion be one requiring merely the opin- ion of the Estates, ever}^ member who shall dissent may, if he think fit, annex such dissent to that opinion. [Article 129 rescinded by law of December 3. 1868.] 130. Communications between the 2 Chambers. — The propositions, projects of law, and explanations, submitted by one Chamber to the other, shall be returned with the amendments, which must, however, have been considered by a committee. 131. Negotiations between the 2 Chambers^ if differing in opinion^ and proceeding .^ if a mutual understanding be not attainable. — If the 2 Chambers should be unable to agree upon a subject submitted to them, after the first consideration of it, they shall appoint a joint committee to deliberate, under the directions of the presidents of the 2 Chambers, upon the means of effecting a unanimit}^ of opinion, and the members of such joint committee shall lay the result of their 1 Revised by law of June 30, 1902. * Revised by law of December 3, 18G8. 290 CONSTITUTIONS OF THE GERMAN STATES. deliberations before each Chamber, for further consideration. If the Chambers be still unable to agree, and the question under discus- sion relate to matters connected with the passing of the laws or the voting of grants, the regulations contained in article 128 shall be ob- served, but if the affair be merelj' of a deliberative character, a written declaration, duly signed by the presidents respectively, in the name of the Chambers shall be immediately presented by each of the chief authorities of the State. 132.^ Documents common to hoth Chambers. — The propositions and resolutions, upon which both Chambers have agreed, shall form one document, signed by the presidents of the two Chambers, in the name of the Assembly of the States, and deposited with the chief authorities of the State. Special petitions of the Estates, coming from one Chamber or the other, are, with the exception of articles 110 and 131, only admis- sible when one of the Chambers wishes to address a petition to the King. 133. Relative position of the Estates to the chief public autlwr- ities. — ^The intercourse between the Crown and the Estates shall be carried on only through the medium of the chief authorities of the Kingdom, and with those authorities alone shall the 2 Chambers, separately, be in immediate communication, with reference to mat- ters of business. [Article 134 rescinded by law of October 12, 1874.] 135. The deliberations of the Chambers to be public. — The sitting8 of both Chambers shall be public. They shall however be secret, upon the proposition of the royal commissioners, when relating to matters which they may consider to require secrecy; and also at the desire of 3 members of the Government, to whom shall be added, after the withdrawal of the spectators, at least one-fourth of the members of the Chamber, who must coincide in the necessity of a secret deliberation. [Article 136 rescinded by law of October 12, 1874.] 137. Ordinance.^ regulating the proceedings of the session. — Addi- tional regulations, relative to the session of the Estates and to the form of their proceedings, during its continuance, shall be con- tained in their special ordinance intended to provide for these subjects. Section VIII. — On the means of maintaining the Constitution. 138. Engagement of the King., and of the regent., upon their ac- cession to the Goverwment. — ^The successor to the throne, on his accession thereto, shall promise, upon his word as a Prince, and in the presence of the collective council of ministers and of the presi- 1 Paragraph 2 was added by law of October 12, 1874. CONSTITUTION OF SAXONY. 297 dents of the last Assembly of tlie Estates, that he will, during his reign, observe, uphold, and maintain entire, in all its provisions, the Constitution of the country, as agreed upon by the King and by the Estates. A similar promise shall also be made by the regent (article 9). The declarations to this effect, a copy of which shall be inserted in the collection of the laws, shall be handed over to the presidents of the two Chambers, who shall lay them before the next Assembly of the Estates, and, in the meantime, deposit them among the archives. 139. Oath to observe the Constitution. — The oath of the subjects of the State, generally, as well as of the civil officers, and of the clergy of every Christian confession, shall, after promising fidelity and obedience to the King and to the laws of the country, contain an engagement to observe the Constitution. 140. Complaints of the Estates against the mlnisteival and. other puhlic authorities^ for violations of the Constitution. — The Estates shall have the right to represent to the King, in the usual manner, any violation of the Constitution committed by His Majesty's minis- ters or by the other authorities of the State. The King shall forthwith redress the grievances complained of, or should any doubt prevail on the subject, he shall cause an investi- gation to be made according to the nature of the grievance, either by the chief authorities of the State or by the principal judicial tribunal. If the investigation shall be entrusted to the chief authorities of the State, the.y shall communicate their opinion thereupon to the King for His Majesty's decision, but if the principal judicial tribu- nal shall be charged with the investigation, that tribunal shall de- cide the matter. The result, in either case, shall be laid before the Estates. 141. Accusations of the Estates.^ of the same description^ against the chiefs of the ministerial departments. — The Estates shall, more- over, have the special right formally to accuse the chiefs of the min- isterial departments who may have been guilty of a violation of the Constitution. Should they at any time feel it their duty to bring forward such an accusation, the acts complained of shall be accurately described, and the matter investigated, in both Chambers, by a special com- mittee. Should the 2 Chambers concur in passing resolutions confirming the accusation, the matter shall be referred, with all the documents relating thereto, to the judicial court of State specially appointed for the purpose in the following article. 142. Judicial Court of State. Its jurisdiction. — A Judicial Court of State (Staatsgerlchtshof), shall be established for the legal pro- 298 CONSTITUTIONS OF THE GERMAN STATES. tection of the Constitution; this Court shall take cognizance of those acts of the chiefs of the ministerial departments whicli may be considered to have been directed to the overthrow of the Con- stitution, or to have tended to a violation of an}^ particular part thereof. Recourse may, moreover, be had to the same Court, m the cases mentioned in articles 83 and 153. 143. Its orgwnization. — The Judicial Court of State shall consist of a president, selected by the King from amongst the chiefs of the higher courts of justice, and of 12 judges, 6 of whom shall be chosen by the King out of the members of those courts, and 3 of whom, as also 2 substitutes, shall be chosen by each Chamber, but not from amongst the members of the Assembly of the Estates. Two, at least, of the members chosen by each Chamber shall be of the legal profes- sion, and they may be selected from amongst the servants of the State, subject to the approbation of the King. The first of the judges appointed by the King shall perform the duties of the president, in the event of his being prevented from at- tending to them. The period for which the members are to be appointed, shall be from one ordinary session to another, and their appointments shall take place at the close of each session. In case of an adjournment of the session, or of the dissolution of the Lower Chamber, the Court appointed at the close of the previous ordinary session shall con- tinue in authority, until the closing of the next Assembly of the Estates. 144. The president and the whole of the judges shall be specially bound to the performance of their duties as members of this Court, and shall be released from their oath as subjects, or as public servants, with reference to those duties. Neither the King nor the Chambers shall recall the appointment of any members during the time for which they may have been nomi- nated ; but if a judge chosen by one of the Chambers should accept an official employment he shall forthwith cease to be a member of the Court, but may be reelected by the Chamber concerned. 145. Meetings of the Judicial Court of State. — The Court shall assemble at the summons of the president, who shall issue such sum- mons, upon the receipt of an order to that effect from the King, coun- tersigned by the chief of the Ministerial Department of Justice, or of a requisition stating the object, subscribed by the presidents of both Chambers. The functions of the Court shall cease as soon as the trial is ended. Tlie president shall see to the execution of the decrees of the Court, and reassemble it in case of any delay of the same. CONSTITUTION OF SAXONY. 299 146. Forms of its proceedings, — The president shall nominate one of the members, appointed by the King, and one of those of the legal profession, appointed by the Estates, for the purpose of superintend- ing the investigation of any matter submitted to the Court. At the time of deciding any question of importance, 2 members shall be chosen by a majority of the whole number, including the president, for the purpose of reporting to the Court the case sub- mitted to it. If the judge who is to report first should be one of the members appointed by the King, the other reporter shall be a member ap- pointed by the Estates, and vice versa. In case of an equality of votes at this election, the president shall decide. 147. An equal number of the members appointed by the King, and of those chosen by the Estates, shall be present whenever a resolution is passed. Should there by chance be an unequal number, which can not be rectified immediately, by another nomination, or by the admission of a substitute, the last member on the side of the majority shall retire, but the number of judges shall never be less than 10. The President shall not vote, except in the cases stated in articles 146 and 153. In the event of an equality of votes, the decision shall be in favor of the accused person. The acts of the Court shall be printed and published. 148. Penal authority of the Court. — The authority of the Court m awarding punishments shall extend only to an express disapproba- tion of the proceeding complained of, or to a removal from office. If the Court shall have decreed a punishment which it is competent to award, without expressly excluding a further one. not only shall it be reserved for the ordinary judge to cause further proceedings to be taken against the condemned person, but the Judicial Court of State shall communicate to the judge of the ordinary court the result of the proceedings consequent upon the accusation. 149. Legal remedy against its decrees. — No appeal against the sentence of the Judicial Court of State shall be allowed, but an ap- plication may be made for another sentence. In this case. 2 other members shall be chosen, as reporter and co-reporter, in such man- ner, that, if the reporter in the first instance shall be one of the members appointed by the King, the reporter in the second instance shall be one of those chosen by the Estates, and vice versa. In order to be enabled to pass another sentence, the Court shall be increased by the addition of 2 members; one of the members of a Superior Court of Justice being appointed for the occasion on the part of the King, and one of the substitutes, chosen according to article 143, being summoned on the part of the Estates. 300 CONSTITUTIONS OF THE GERMAN STATES. 150. Proceedings of the King^ in cases of indictment. — The King shall never, on any account, interrupt an investigation, nor exert the right of pardon granted to him; in such manner that a public servant, condemned by the Judicial Court of the State to be displaced from his position, shall be reinstated or appointed to another office, connected with the political or judicial administration of the coun- try; provided that the sentence of the court did not contain an ex- press reservation in favor of the condemned person, relative to his reinstatement. 151. Resignation of the accused 'person. — The resignation of the accused person shall have no influence upon the proceedings insti- tuted against him, or upon the sentence of condemnation. 152. Propositions for altering., or explaining the Constitutional Law., or for adding thereto. — Propositions for altering, explaining, or extending the stipulations of this Constitutional Law, may be submitted by the King to the Estates, or by the Estates to the King. In order to pass a valid resolution, in the event of such proposi- tions being made, the consent of the 2 Chambers shall be necessary, and the presence of three-fourths of the constitutional number of members, as well as a majority of two-thirds of those present, shall be necessary, in each Chamber. Such propositions shall not, how- ever, be submitted by the Estates to the King, until resolutions to that effect shall have been agreed to, in both Chambers, at 2 ordinary and successive sessions of the Estates; but during the first session which shall be held after the publication of this Constitutional Law, no alteration, explanation, or addition, thereto, shall be pro- posed or resolution adopted. 153. Settlement of doubtful points in the Constitutional Law. — Should doubts arise, with respect to the meaning of any particular points of this Constitutional Law, and the same be not removed by an understanding between the Government and the Estates, the conflicting opinions, as well on the part of the Government as on that of the Estates, shall be submitted to the Judicial Court of the State for decision. For this purpose, each party shall submit to the Court a written paper, containing a statement of the arguments and reasoning there- upon; which document shall be communicated by each party to the other, and replied to in another w^ritten paper, so that each party shall be in possession of 2 documents. In case of an equality of votes at the time of settling the doubtful points, the president of the Court shall give the casting vote. The interpretation decided upon in this manner shall be regarded as authentic, and be respected accordingly. 154. Repeal of laws., ordinances.^ atid ohservarwes at varianfice with the Constitutional Law. — All laws, ordinances, and observances. COXSTITUTION OF SAXONY. 301 which are at variance with an express stipulation in the present Constitutional Law, shall be invalid. Whilst we hereby declare the foregoing articles to be the Funda- mental Law of our Kingdom, we, at the same time, and upon our princely word, publish the assurance that we will, ourselves, not only faithfully comply with the stipulations therein contained, but also, to the utmost of our power, defend this Constitution against every attack and violation. In testimony whereof, we have subscribed with our own hands the present Fundamental Law of the State, and caused it to be sealed with our royal seal. Done and given at Dresden, on the 4th of September in the year of Christ, our blessed Saviour and Redeemer, 1831. [l. s.] ANTON. FRIEDRICH AUGUST, Duke of Saxony. GoTTLOB Adolf Ernst Nostiz und Janckendorf. JoHANN Daniel Merbach. SAXE-ALTENBURG. CONSTITUTION OF APRIL 29, 1831/ [preamble.] We, Friedrich, by the grace of God, Duke of Saxony, Juliers, Cleve and Berg, also Engern and Westphalia, Landgrave of Thu- ringia, Margrave of Meissen, Count of Henneberg, invested with princely dignity. Count of the Mark, and Ravensberg, Earl of Raven- stein, etc., extend our most gracious greeting to all our loyal subjects and impart to them : We have resolved to grant our Duchy a Con- stitution, and after deliberating with our loyal Provincial Assem- bly and with its consent we ordain as follows : FIRST PART.- Section I. — The Duchy. Article 1. The Duchy of Saxe-Altenburg, as it appears and is defined by the treaties of partition of the Joint House of Saxony and subject to further treaties to be negotiated with other states, represents a unit, and the Constitution applies to this in its entirety. Art. 2. Of this constitutional territory no part can be sold. In the event of partition of inheritance in the Joint House of Saxony, the rules of the Joint House of Saxony must be applied. If an exchange of territory seems advisable or necessary for the settlement of disputes regarding boundary lines, or questions of sovereignty, and if a transfer of domain property is essential, the Provincial Deputation is to be heard before the approval of the Sovereign is granted. Art. 3.2 The present assets of the country, the public property con- tained in the domains and castles (with the exception of the invest- ments made by the present ruler or his successors from privy purse) are to be inherited undiminished by the succession in the reign of the Ducal Special Line of Saxe-Altenburg. Under no pretense 1 Translation by George C. Zeydel based on the text as found in Stoerk-Rauchhaupt, pp. 349-390. 2 Compare the law of April 29, 1874, concerning regulations as to legal questions relating to domanial property. In accordance with the provisions of this law, the entire domanial property has been divided in such a way that the Ducal House received two- thirds as its absolute property and the country one-third. The privilege of the ruling Duke to receive a civil list was hereby revoked and this right expired on October 1, 1874 (article 5). Compare note to articles 18 flP. 302 CONSTITUTION OF SAXE-ALTENBUKG. 303 can a portion — if not procured by proceeds of privy coffers — be claimed from the succession by the heir of an allodial estate during the reign of the present Special House. A privy domain or private possession can not be taken away from the sovereignty. Section II. — The Sovereign. Art. 4. The Duke as Sovereign is the head of the State, combines in his person the entire undivided State authority and exercises it subject to the provisions laid down in the Constitution. His person is sacred and inviolable. He can not transfer the seat of government under any circumstances outside of the State. Art. 5. The laws enacted under the Consitution will only be an- nounced by the Duke as head of the Government or with his approval and in his behalf. Art. 6. The Duke is the head of the entire State authority and represents the State in all its relations toward other states. Art. 7. The entire administration of justice and all police func- tions will be exercised in the name of the Duke directly or indirectly and shall be carried on under his supreme supervision. Art. 8. No death sentence can be inflicted without the approval of the Duke. The Duke has the right of pardon in penal cases. This, however, does not bar civil procedure in regard to private claims emanating from violations of law. Art. 9. The Duke alone can levy taxes and assessments subject to provisions prescribed under Fifth Part, articles 201-209. Art. 10. The Duke has exclusive power over the military force. Only with his consent and in his behalf can the arming of the resi- dents be ordered. Section III. — Relations toicard the Joint House of Saxony and the German Confederation. Art. 11. The Duke is at the same time a member of the German Confederation and the Joint House of Saxony. In this respect he has in accordance with the Federal and House laws rights and duties which can not be altered by domestic legislation. Art. 12. The resolutions of the Federal Assembly concerning the relations of the German Confederation, its members and the German citizens in general, are a part of the State laws of the Duchy Alten- burg, and are legally binding and in force after their proclamation by the Sovereign. This, however, does not exempt the provinces of the Duchy from the contributions to meet the Federal obligations as far as is prescribed in the Constitution (article 204.) 304 CONSTITUTIONS OF THE GERMAN STATES. I Section IV. — Successor to the throne. Art. 13. The succession to the Government is by virtue of the rule of primogeniture of June 24, 1703, and the testamentary order of January 11, 1705, hereditary in the direct male descendency of the present ruling Duke according to the rules of primogeniture and lineal succession, in such way that after the extinction of the ruling line the nearest related line and among it the first born male des- cendant is entitled to preference. This also settles for the Ducal Special House the State hereditary succession for all territories and possessions which may hereafter be incorporated and for all cases of succession for which the treaties and the traditions in the Joint House of Saxony of the Ernestinian and Albertinian line offer a criterion. At the same time it is provided that an assignment of the debts of new possessions to the ducal main land can not be made without the consent of the Provincial Diet. Art. 14. The government acts of the predecessors are to be recog- nized and carried out by the successor as long as they have not been enacted in violation of the Constitution and the House laws. Section V. — Majority. — Giiardianshif. Art. 15. The Duke and all princes of the Ducal House become of legal age when attaining 21 years and are then respectively eligible to rulership. The Duke can declafe princes of the House after they have attained the age of 18 years as being of legal age at the request of their original guardian or a guardian appointed for that purpose. The Duke himself can Avhen he attains the age of 18 be pronounced of legal age by the oldest among the rulers of the Joint House of Saxony of all lines with the consent of the guardianship and the regency. Art. 1G. During the minority of the successor to the throne the rightful mother of the future ruler will assume the guardianship and regency in case no other dispositions have been made by the deceased ruler. If she is not living any more or is remarried or incapacitated^ the regency shall be conducted by the oldest of the princes among the agnates of the Ducal House when of legal age. If no such prince is living, the oldest ruler of the Joint House of Saxony of the Gotha line shall assume the regency. Art. 17. Associated with the guardianship is a council of regency, consisting of at least three members of the Ministry, advising the guardian as to all government matters. If no other provision has been made in this respect by the late ruler, the Ministry which served under him will act as council of regency. CONSTITUTION OF SAXE-ALTENBUKG. 305 The latter will at the same time take charge of the management of the private revenues and the privy purse of the minor and his accounts. Section VI. — Domanial property. — Family private funds. — Private purse. — Civil List. Arts. 18-22.^ Section VII. — Wife of the Sovereign. Art. 23. The wife of the Duke assumes the title and coat of arms of her husband. Her rank is higher than that of all other members of the family directly after the ruler. Art. 23; Par. 2.— Art. 24.^ Section VIII. — Hereditary prince. — Later-horn pnnees and 2?rincesses. Arts. 25, 26.2 Art. 27. No prince whose father is still living shall as a rule maintain an own household unless he derives an income thiough foreign service or other sources until he marries. Art. 28. No prince or princess of the house can marry Avithout the approval of the ruling Sovereign. All marriage settlements of princes and princesses are null and void if not confirmed by the ruling Duke. A marriage performed without the Duke's consent has therefore no legal standing in regard to rank, title, and coat of arms. No claims as to succession to rulership, princely emoluments, dowry or dower rights can be made in such case. The children issued from such marriage or their mother can claim during the life- time of the prince only the right of alimony from his private purse. In case he dies intestate his children and their mother are entitled only to one-sixth or one-fourth of the personal estate, according to whether the deceased leaves legitimate children from another mar- riage or not. Arts. 29-33.^ ^ _ 1 " On the date set in article 3 (October 1, 1874) the right of the ruling Duke in regard to a Civil List (revenue from the domanial property) expires, as well as all other con- tributions which the State previously had to make for the maintenance of the ducal court. Renouncing these privileges for us and our successors, we consider the property rights and emoluments provided for our Ducal House by the present law as ample indemnity and compensation. All obligations heretofore met by the Civil List (domanial revenues), especially those which the ruling Duke incurred in regard to the members of the Ducal House, are now to be defrayed from the proceeds of the domain entail. The Constitution and the House laws govern the existing obligations of that nature and the amounts to be paid." Article 5 of the law of April 29, 1874. " All provisions conflicting with the present law are suspended." Article 25 of the law cited. 2Cf. note to articles 18 ff. and to article 3. 92975—19 20 306 CONSTITUTIONS OF THE GERMAN STATES. Section IX. — Private lights. Art. 34. The members of the Ducal House must make disposition in regard to their private estate in accordance with the law of the land, and by the law of the land the succession also is settled. Art. 35. All complaints against a member of the Ducal House in regard to property or contracts are to be filed with the judicial department of the country. The ruler has, however, to be notified of the prospective litigation in advance, and a copy of the complaint is to be submitted to him giving him an opportunity for a settlement of the case. In regard to all other personal legal matters of the princes and the princesses of the House the ruler has to decide on the mode of procedure after a conference with the family council consisting of the princes of legal age not concerned in the matter and the Min- istry, as well as the court officials of higher rank. Section X. — Responsibility for governmental acts. Art. 36. The Sovereign himself stands above reproach and is not personally responsible for any of his government acts. He exercises these functions under the responsibility of the Ministry consisting of a number of counselors. For that reason every official act bearing the signature of the ruler must contain the counter-signature of a member of the Ministry as evidence that the act has been duly considered in the privy council and that the legality of the matter has been deliberated upon. Art. 37. The responsibility for each unlawful act rests first on the one from w,hom it emanated. Orders of a superior official, even of the Sovereign, cover such acts onjy in case the order has been given in proper form by the superior official, in which case he bears the re- sponsibility. The charge against higher State officials in regard to unlawful acts countersigned by them or orders of that nature can be brought by the Provincial Diet after the party aggrieved by such act has tried in vain to secure from the authorities and the Sovereign a repeal of the measure in question and the payment of indemnity for damages sustained. Before such steps can be taken the complaint is, however, to be submitted to the Sovereign for the purpose of a review of the matter on the part of the administrating officials. If the complainant can get no satisfaction in the matter he may take the case before the Court of Appeals under the provision of article 39 of the rules of the Court of Appeals. CONSTITUTION OF SAXE-ALTENBURG. 307 SECO^'D I'ART. GENERAL RIGHTS AND DUTIES OF SUBJECTS. Section I. — Status of subjects and their civic rights. Art. 38. All residents dwelling- under the protection of the ducal State authorities are by virtue of their out^oken or tacit submission to be considered as subjects (State citizens). Their relation toward the State authority and the country as life-long residents is per- manent, while others residing in the country only for a time are termed as temporary subjects, and their relations toward the State are considered only as temporary (article 94). Art. 39. If a subject establishes a household within the boun- daries of the Duchy, or belongs by marriage or parental authority to a household therein, he assumes as inhabitant all personal and real rights and duties of a subject as well as for his person as for his kinsmen, and his estate. If a person acquires property in the Duchy but does not personally take possession of same, he is considered as a foreign estate holder, settler {Fovenser) in the broader sense of the word (article 91.) Art. 40. The right of citizenship is closely connected with the status of subjects. Those entitled to it enjoy besides legal protection special State rights and personal privileges. Art. 41. In order to claim the right of subjects it is only necessary to establish their home right (right of residence, naturalization) in the Duchy. These rights can be secured as follows : («) By birth from a mother who lives in marriage with a subject of Altenburg or (in case of an illegitimate birth) a mother being a subject. In both cases it is immaterial whether the birth took place in the country or during a temporary stay of the mother in a foreign state. Provisions regarding the domicile of children of a native born in a foreign country and of children born by a foreigner while being in this country are governed by special agreements of the various states. (&) By a marriage of a female foreigner with a subject, performed according to the laws of the land. (c) By the appointment to a position in the State ecclesiastical or school administration, by entering the military service and perma- nent assignment in the service of the Ducal Court. {df) By being admitted as member of a township. (e) By land grants. Concerning the naturalization of those being without a domicile the treaties made with other Federal states and those still to be nego- tiated have to be considered (article 98). Art. 42. In order to be admitted to the citizenship of the Duchy of Altenburg it is required that the applicant be of the Christian faith ; 308 CONSTTTUTIONS OF THE GERMAN STATES. the particular denomination of the applicant does not make any dif- ference as to his political or civic rights. The admission is to be effected by the respective township under the supervision of the Government in accordance with the legal forms. Art. 43. The rights of the subject cease (a) by the marriage of a female resident with a foreigner, (&) by joining the court or military service of a foreign state as well as by accepting an ecclesiastical or school position in a foreign country, {c) by emigration (article 69). In the latter two cases the citizenship may continue if a petition to that effect is made to the Sovereign. Section II. — Rights of subjects who at the same time are residents. Art. 44. Every subject of Altenburg who likewise is a resident (article 39) has, irrespective of rank and birth, the same claim to the civic rights laid down in the Constitution (article 81). In the same way all the rights! and duties connected with the citizenship and residence are defined by the present Constitution and concern all alike, irrespective of rank or birth. The rights of the resident subjects are, beside the personal free- dom of faith and conscience (article 129), as follows: 1. Legal Peotection. Art. 45. No subject who likewise is a resident shall be deprived of justice in civil or criminal matters, except in cases especially defined by law, and shall not be tried under foreign laws as long as he has not subjected himself to them. Therefore, no extradition or summoning to foreign countries is permitted unless state treaties of reciprocity, especially in regard to identifications and misdemeanors, as violation of forest laws, provide otherwise. The presiding judge of the Supreme Court has the power to refer cases coming under his jurisdiction to a lower court in order to relieve the work of the higher tribunal or in case the judge is a relative to one of the parties in the case. The State Government has in case of an open revolt or apparent resistance toward the authorities the power to create special criminal courts for trial also for such persons who do not belong to the mili- tary force. The authorities are also empowered to appoint in such event a court martial forthwith. Should other conditions not as serious but still endangering the public safety and welfare prevail, the consent of the Provincial Deputation for the appointment of special criminal courts shall be sought. In both cases the criminal judges must take the oath of office. CONSTITUTION OF SAXE-ALTENBURG. 30.9 Art. 46. The judicial proceeding and judgment within their legal form and effect prevail and are independent of all arbitrary influence of the State Government. It is, however, the duty of the Government to provide speedy, im- partial and less expensive administration of justice and establish such by virtue of its power of supervision and discipline. Every official of the judiciary bench, whether appointed by the State or chosen from a city council and confirmed by the State Gov- ernment (article 121) (taking the oath as judge or actuary) is con- sidered appointed for life and can not be impeached without the judgment of a court, nor assigned to another position without main- taining his rank and salary and being reimbursed for moving ex- penses (article 83). In view of the patrimonial courts the consolidation of several courts and their merging into one tribunal shall in the future be considered, likewise a reassignment of judges and an equalization as to their appointment for lifetime. Concerning disputes between the judiciary and executive officials the highest official in authority in the State has to render decision. Art. 47. No new law shall have retroactive force. For each final judgment reasons must be given in the decision rendered, and the finding must be explained. Art. 48. The Sovereign has the right to commute a sentence and to pardon the convicted (article 8), but no authority to pronounce a more severe fine or sentence than the one imposed by the trial judge. In case, in rendering a sentence, a penal provision is overlooked or not properly applied, the judicial department may give an opinion to that effect and make a motion for instituting certiorari pro- ceedings. The fine providing for the confiscation of an entire estate is, with- out prejudice to article 55, to be abolished and is to be substituted br- other punishment. Art. 49. All State or domanial treasuries and funds have to answer complaints made by subjects before the judiciary. Before the complaint is filed, the case must bo presented and con- sidered by the administration and a detailed statement of the claim must be given either to the highest authority or, if it concerns a lower treasury, to the authorities having supervision over same. Art. 50. The communes must seek the permission of the Govern- ment before they can file an action, and a hearing of the case must take place before the authorities proceed to the lawsuit (arti- cle 125). 310 CONSTITUTIONS OF THE GERMAN STATES. 2. Freedom of the Individual. Legal Annulment of Private Compulsory Methods Toward Person and Property. Art. 51. No subject shall be arrested without being suspected of the commission of a crime, the suspicion to be substantiated by facts or owing to other legal causes. He should have a hearing one day after his arrest or as soon as the establishment of facts warrant it, and he should likewise be informed of the reason for being deprived of his liberty. In case he is held in custody for more than three times 24 hours the judge is subject to a fine {Sach^enhusse) for every further day of unjustifiable delay. Art. 52. The prisoners shall be treated moderately, and a confes- sion shall not be exacted by compulsory methods. Only stubborn refusal to answer and evident lies make the defendant liable to lawful punishment. Art. 53. All compulsory measures restraining the freedom of the individual and property, no longer in accordance with the higher state of civilization of the country (as the levy of socage and services detrimental to agriculture and forestry, the right of levying tithes, the order pertaining to milling obligations, and other privileges — shall be redeemed or abolished after the payment of proper indemnity in accordance with the law. This shall, however, not apply to services to be rendered to the State and its head by the subjects and communities (as to State socages, quartering, carting, services for churches and schools, street, and road work, etc.). 3. Safeguards for PR0Pi. Art. 99. The cooperation of several of the subjects for a common purpose can only acquire the character of a corporation when the said association receives the sanction and recognition of the State Government. The authorities have to determine what functions and powers shall be granted to such a corporation if no provision cover- ing the particular case is made in the Constitution. 320 CONSTITUTIONS OF THE GERMAN STATES. B. Communes. Section I. — Organization of same hy citizens and neighhors. Art. 100. The most important corporations in the State are the communes inasmuch as they promote through joint action and co- operation the welfare in general, as well as in a special way, within the social bounds of the town. They form hereby the foundation of the whole State organization. With the exception of the State officials, the employees of church and school (whose relations to the estate holders under feudal tenure are to be especially provided for) , nobody within the Duchy of Alten- burg can exercise the State rights of citizenship or acquire the rights of a subject who does not belong to a domestic township as a citizen or neighbor. Thus physicians, lawyers, and notaries and other per- sons not directly serving under the State Government are to be con- sidered as members of the commune. Art. 101. The members of a city or commune consist of three classes : {a) The class of regular citizens (full rights of citizenship and rights of neighbors, living in the vicinity of a town) (article 102- 105); (&) The class of non-resident subjects {Forenser in the narrower sense of the word) and citizens pursuing a trade (articles 106, 107), and {c) The class of persons under special protection of the Govern- ment (article 108). 1. Full Rights of Neighbors. Art. 102. The civic rights of townsmen (full rights of neighbors) include the power to take part in all activities of the commune, and the holder is also entitled to all private as well as political and hon- orable rights as follows : {a) Protection of commune and its court, if there is any within the limits of it ; {h) Right to pursue a free or corporated trade; {c) Right to purchase real estate in the town or its vicinity with- out any restraint; {d) Taking part and having a share in the estate of the commune^ its statutes, privileges, and endowments ; {e) Taking part in the direct or indirect representation of the- commune : (/) Eligibility for town offices, and {g) Claim for lawful aid on the part of the commune in case of need. CONSTITUTION OF SAXE-ALTENBURG. 321 Art. 103. On the other hand the commimal and neighbor rights are subject to certain duties and obligations, as loyalty and obedience toward the communal authorities and the taking part in guard and other services. At the same time the citizens are held to pay all taxes levied by the Sovereign as well as all fees which are collected by the commune. Disputes as to assessments and fees and about the apportionment of the tax levying among the members of the commune will be taken up by the administrating officers and not by the court, as they are matters coming under their jurisdiction, and the proceeding can be taken as a last resort before the Sovereign. Art. 104. The communal rights can only be acquired by birth or by admission, in accordance with the laws governing this matter. The rights are forfeited, as provided by law for certain reasons which are about the same as those provided for the loss of the civic rights for the State (article 86). These reasons are: Emigration, entering foreign service and receiving pay without official consent, being sentenced to prison or corporal punishment, the expulsion from mili- tary service by a decision of the court martial, depriving a person of the civic rights. In this case the rights of the resident are only to be limited and the individual may be later reinstated in all his rights. Art. 105. Exercising an undue influence in communal elections especially through bribery will lead to the punishment of voter and candidate and also to the loss of the honor, rights, and citizenship, especially in regard to the active and passive right of suffrage and the eligibility for a position in the town service. 2. NoN-KESiDEN'rs {Forenser in the special sense). Art. 106. Xon-residents {Forenser in the special sense of the w^ord ) are those who possess real estate in the vicinity of a town but ex- ercise their home right in another part of the Duchy. They have not the personal rights of the citizens of the town, are entitled how- ever to the protection of their property as w^ell as to their person during a temporary stay on their estate. They have about the same relations toward the State as the property owners {Forenser in the broader sense of the word) (article 91). In view of the protection which he enjoys, the non-resident has to bear his share of taxation; he can, however, not be assessed any higher for his real estate than the other members of the commune. Art. 107. The citizens pursuing a trade enjoy somewhat limited rights in the community in some parts of the country, but they have the right to membership in guilds being incorporated in other com- munes. In regard to the latter they enjoy no civic rights, and their 92975—19 21 322 CONSTITUTIONS OF THE GERMAN STATES. relations to this township are governed by the rules of the guild. They have, however, to pay the usual fees to the commune in which the guild is incorporated. 3. Inhabitants by Special Grant. Art. 108. {Schutzvenoandte) Inhabitants under the protection of the Government are those who without acquiring the right of neigh- bors settle in a certain community and secure^ the right to pursue certain trades or other functions by paying a fee {Schutzgeld). They enjoy during their stay for their person as well as in regard to business, defined and limited by law, the full protection of the com- munal authorities, and have the use of communal institutions, with- out, however, assuming any rights as citizens or neighbors. Foreigners can, how^ever, only be admitted as such inhabitants {Schutzhuerger) if they can prove that they will be reinstated as citizens of their native town after their return and if they belong to a Christian denomination. Art. 109. In general the rules for citizens and neighbors are con- sequently defined as follows: {a) Through the granting of the town and neighbor rights the rights of State citizenship are also granted (article 100). (b) Every commune is held to admit to citizenship every em- ployee of the State, church or school service (article 82). ( If this is not deemed feasible, the Deputation can make other suggestions to straighten out the diffi- culties. Art. 254. When such claims are submitted by the administrative authorities to the Deputation, they must be established by the said authorities. 3. The other branches of administration. Art. 255. The Provincial Deputation has the obligation to call the attention of the Sovereign to unlawful occurrences and ask for relief w^hen it is convinced that the delay of such notice to the next session of the Provincial Diet may cause serious loss. If. other poivers. Art. 256. It has the right to fill positions in the Magdalenen Endowment and the Caroline School for Girls for which the Pro- vincial Diet has the appointing power, but this can be done in the way of correspondence if at the time of appointment no meeting of the Provincial Deputation is held. Art. 257. By a resolution of the Provincial Diet passed by an absolute majority other powers can be assigned to the Deputation, but with the consent of the Sovereign and only for a certain period. (d) SUMMONING. Art. 258. The Sovereign may summon the Provincial Deputation for the reasons aforesaid, but also for other reasons, to secure its 340 CONSTITUTIONS OF THE GERMAN STATES. advice and opinion in regard to important subjects. The call to assemble is extended by a proclamation to the president and, in his absence and in case of urgency, to his associate. Art. 259. In cases described in articles 253 and 255 the president has the authority to request the Sovereign to call the Deputation or the Provincial Diet. (e) RELATIONS TO THE PROVINCIAL DIET AND RULES OF BUSINESS. Art. 260. The resolutions and findings of the Provincial Deputa- tion should as much as possible be in accordance with the resolutions passed previously by the Provincial Diet sanctioned by the Sovereign and shall only differ in regard to a change of conditions which took place in the meantime. If the matter is not very urgent, it should be reconsidered after an appeal of three members and a' consultation with members of the Provincial Diet. Art. 261. It is within the discretion of the Provincial Deputation, in case appropriations extending for more than a year are asked for, to demand that the matter, if it is not very urgent, be referred to the Provincial Diet either by having it called into session or having its members express themselves on the question in writing. Before such a proceeding can be resorted to, the consent of the Sovereign has to be applied for, and he must be informed at the same time of the reasons for the proposed call. Art. 262. To make the resolutions and bills of the Provincial Deputation effective, the whole membership has to vote upon the measure ; in case of absence, the deputies vote in writing or are rep- resented by others named by the president. The majority prevails also in this body. Art. 263. In case one of the deputies is unable to appear between the legislation periods of the Provincial Diet and can not perform his duties, the president calls upon the first substitute from the class of the absentee (article 250) and submits to the Sovereign the request to confirm his appointment. Art. 264. The Provincial Deputation has to report to the Pro- vincial Diet at its next session about the meetings held in the mean- time. The Provincial Diet has to respect and is bound to comply with the resolutions and bills passed by the Deputation in the mean- time and confirmed by the Sovereign. If the Provincial Diet is dissolved, the Deputation has also to be disbanded. Art. 265. The taking of the minutes and clerical work of the Provincial Deputation is in charge of the secretary (Si/ndikus) . CONSTITUTIOlSr OF SAXE-ALTENBURG. 341 GENERAL PROVISIONS IN REGARD TO THE CONSTITUTION. Art. 266.1 'pj^^ provisions of the Constitution go into effect after their proclamation and can only be altered with the consent of the Sovereign and the Provincial Diet. The present Provincial Diet, however, remains in poAver until a new one has been chosen under the Constitution. In case of differences of opinion between the State Government and the Provincial Diet upon which no agreement can be reached, es- pecially regarding points of the Constitution, an arbitration pro- ceeding analogous to the one provided in the rules of the highest Court of Appeals will be resorted to, but before such procedure is instituted, a last effort should be made to reach an agreement. The future successors to the reign are bound by the Constitution and shall affirm this in every case when taking charge of the Government* Every official and subject of the country, the present and the future, are bound to respect the Constitution and may be punished in case they violate any of its provisions, even if they have not taken an oath of allegiance. Given in Altenburg, April 29, 1831. [L. s.] FRIEDRICH, Duke of Saxony. JOSEPH, Duke of Saxony^ Hereditary Prince of Saxe-Alteriburg. Karl Joh. Heinr. Ernst v. Braun. Karl Chr. v. Wuestemann. Chr. Gottfr. Hermann. ' Compare note to article 210. SAXE-COBURG-GOTHA.^ POLITICAL CONSTITUTION OF MAY 3, 1852. [Preamble.] We, Ernst, Duke of Saxe-Coburg and Gotha, Juliers, Cleves, and Berg, also Engern and Westphalia, Landgrave in Thuringia, Mar- grave of Meissen, princely Earl of Henneberg, Earl of Mark and Ravensberg, Ruler of Ravenstein and Tonna, etc., in order to provide an harmonious constitution for our lands, have ordained the enact- ment of a common Political Constitution for the Duchies Coburg and Gotha, and accordingly with the advice and consent of the Estates of our Duchy Coburg and of the House of Deputies of our Duchy Gotha, we decree as follows: Part I. — The State^ the Duhe^ the Succession in the Government^ and the Government Administration.'^ Section 1. The Duchies of Coburg and Gotha shall form one united, inseparable body, with the following Constitution. . Sec. 2. The united Duchies as a German Federal State shall share all rights and duties proceeding from the Federal Constitution. The decrees passed by Federal authority within their competence in constitutional form are authoritative for the united Duchies and acquire binding power after their proclamation by the Duke (sec. 22). ^Translation by Mrs. H, N. Taylor based on the text as found in Stoerk-Rauchhaupt, pp. 391-415. 2 On July 15, 1899, the law was amended and executed concerning the succession to the throne in the Duchies Coburg and Gotha. Article 1. In case the present Ruling Duke dies without eligible descendents, the Duke Carl Edward of Albany and his male line shall next be summoned to succeed to the Gov- ernment, and in case he shall die without eligible descendants or his male line should be extinct. Prince Arthur, son of the Duke Connaught and his male line shall be called to rule in the Duchies. Should Prince Arthur also die without eligible children or his male line be extinct, the right of succession shall then fall to Prince Albert Edward of Wales and his male line. The stipulation of s<'Ction 4 of the Political Constitution shall apply to the Duke of Albany also as long as he is the prospective successor to the throne. AuT. 2. In case the present ruling Duke should die during the minority of the successor, the regency shall then be Incumbent upon the present guardian until the majority of the Duke. If a change is made in the person of the guardian, the consent of the Joint Diet is necessary for the assignment of the administration to the new guardian. In case the Diet refuses its consent, and the present Reigning Duke is deceased, the regent shall be chosen by the mother of the minor Duke and the State Ministry together with the Joint Diet. In such case the guardianship shall pass to the regent in accordance with section 14 of the Political Constitution. The regent must fulfil the provisions of section 20 of the Political Constitution. 342 COIvSTITUTION OF SAXE-COBURG-GOTHA. 343 Sec. 3. The Duke is the head of the State and shall exercise as such the rights of supreme power according to the Constitution. Sec. 4. The Duke must maintain his principal residence within State territory with exception of the cases designated in sections 8 and 9. Sec. 5. The seat of Government must not be transferred outside the country. Sec. 6.^ The right to the throne is hereditary in the mah' line of the ducal family, according to the right of the first born and lineal descent. For eligibility to the succession is required legitimate descent from a marriage contracted with one of equal rank, with th? approval of the Duke. Sec. 7.^ If the present Reigning Duke shall die without leaving eli- gible descendants, or the eligible descendants left by him shall die and thereby the succession in the Government shajl pass to his brother, Prince Albert, in regard to his eligible descendants the following special stipulations are made (sees. 8-10). Sec. 8. In case Prince Albert at the time of accession to the throne, should be prevented from taking up his principal residence in the Duchies, the exceptional privilege shall be granted him of conduct- ing the Government through the agency of a governor. Sec. 9. The reigning king of England and the prospective success- sor (heir apparent in the English law) are debarred from succes- sion in the Government of the Duchies, and the sovereignty shall pass on to the prince next entitled. If, however, at the time of succession no eligible descendant from the special line of Prince Albert is available except the ruling king of England, or except the hereditan^ prince, or except the king and the prince, then in the first and third cases the king of England and in the second case the hereditary prince shall succeed to the sov- ereignty of the Duchies and cause them to be ruled by a governor until such time as they can be taken over by an eligible prince of full age and of the special line of Prince Albert. Sec. 10. Provided that in event of the extinction of the reigning line, two equally near lines should be available, the older shall take precedence over the younger. < ^The following sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 are also inserted in the new " Family Law for the ducal family of Saxe-Coburg-Gotha " of March 1, 1855, in which thoy form articles 5-19 in Part II. See this together with supplements and appendices : A. Deed of Renunciation by the Prince of Wales of April 19, 1863 ; B. supplement to Family Law of December 6, 1866 ; C. law concerning the Greinburg entail of March 29, 1873, in H. Schulze, Hausgesetze, Vol. 3, p. 265 fiC. 2 The renunciation of Albert Edward, then Prince of Wales, of April 19, 1863, made known by ducal decree of November 10, 1863. r>44 CONSTITUTIONS OF THE GERMAN STATES. Sec. 11. The age of majority and the age of accession to the throne shall be for the Duke, as well as for every prince of the ducal family in general, the completion of the twenty-first year of age. Sec. 12. If the Duke is in his minority, or on account of physical or mental weakness or any other reason is incapable of conducting or continuing the Government, a Government administration shall ensue. Sec. 13. During the minority of the Duke, unless otherwise or- dered by the deceased Duke by means of a law decreed with couvsent of the Joint Diet, the Government administration shall pass* to the Duke's own mother so long as she does not marry again; after her, to the nearest eligible agnates, according to the right of accession. Sec. 14. The administrator shall likewise be the personal guardian of the Duke. Sec. 15. Should there appear in the case of a prince designated to succeed the reigning Duke, such mental or physical characteristics as to make him unsuitable to succeed to the Government, decision shall be made during the reign of the Duke by a formal law concern- ing the future administration and the person of the administrator. Sec. 16. If in the case provided for in section 15 the law prescribed therein should not have been enacted, or should the Duke become sub- ject to the designated unfitness after his succession to the Govern- ment, or otherwise prevented from carrying on the Government itself, then the State Ministry shall call a council of the family, consisting of three members, in which, however, shall not be included the agnate nearest to the succession who has attained his majorit3^ This family council shall decide according to a majority vote the question whether an administration is necessary. If the question is decided in the negative, the matter must end there; if in the affirmative, this ver- dict requires for its validity the consent of the Joint Diet. Sec. 17. In case of section 16, if the family council, with consent of the joint Diet, does not designate some one else, the administration shall go to the wife of the Duke, unless from his marriage with her a prince of full age, entitled to direct succession, is available, other- wise to the nearest eligible agnate according to the succession. Sec. 18. The repeal of the administration decided upon according to section 16, on account of the return to fitness for administration, can only be made through the decision of a family council sum- moned according to the provisions of section 16 and with the consent of the Joint Diet. Sec. 19. The State administration can not be passed over to the occupant of a throne outside of Germany with exception of the case provided in section 9. If a Duke ascends a throne outside Germany, it will be taken for granted that he thereby renounces his claim to reign over the Duchies. CONSTITUTION OF SAXE-COBURG-GOTHA. 345 Sec. 20. The governor, as well as the administrator, must be of the Protestant faith; both must take up their principal residence in the Duchies. Sec. 21. The person of the Duke is inviolable; for his official acts he is not subject to any accountability. The same provisions obtain in regard to the Mministrator. The governor is responsible to the Duke. Sec. 22. The commands of the Duke, the administrator, and the governor are only then official when they are announced in writing and as has been decreed by a special law, when they have been coun- tersigned or ratified by a member of the State Ministry. Part Tl.—rThe subjects and citizens and their general rights and duties. Secs. 23-26. [Sections 23-26 and 60 were repealed by section 1 of the law of April 8, 1879, and replaced by the following provisions.] Sec. 2. Those persons are subjects of the united Duchies of Coburg and Gotha who have acquired nationality in one of these Duchies according to the provisions of the Imperial laws. Sec. 3. All rights which are assigned to citizens or subjects in the Political Constitution or otherwise belong to and are incumbent upon subjects as de- fined by the preceding section 2. Sec. 4. The Imperial laws determine the rights and duties of Germans who are not subjects of these States. Sec. 27.^ The civil rights established according to Constitution and law can not for the time be exercised : (a) By those who are undergoing imprisonment or are under legal detention ; {h) By those under parental authority or under any guardianship whatever ; {d) By a bankrupt, against whom bankruptcy proceedings have been opened, during the duration of bankruptcy and within the next 10 years, unless full satisfaction of the creditors has sooner resulted ; (e) By a bankrupt who has made a legal agreement with his cred- itors, pending satisfaction of the latter in accordance therewith ; (/) By those who are relieved by the public or community funds. As charity relief in the sense of this provision should not be con- sidered: (1) Sick relief; (2) Institutional relief granted a subject on account of, physical or mental deficiency ; (3) Support for the care of a child or for vocational education or training ; (4) Other support when it is granted only in the form of a single act for the relief of a temporary need. 1 Sec. 27 ic) repealed, (f) recast, by law of March ]7, 1911, 346 CONSTITUTIONS OF THE GERMAN STATES. Sec. 28. Every citizen upon attaining his eighteenth year must take the following oath: I swear loyalty to the Duke, obedience to the law, and compUance with the Constitution. So help uie God. Sec. 29. Freedom oi emigration is limited for State reasons only for the duration of a military service already entered into. Emigrant tax shall not be levied upon emigrants. Sec. 30. Before the law there shall be no difference of rank. Pref- erences of rank shall not exist. Public offices are alike accessible to all competent citizens under restriction of the conditions determined by law. Sec. 31. No one may be deprived of his lawful judge. Special tribunals shall not exist. Sec. 32. The conditions and forms under which the arrest of a person, the search of a dwelling, the confiscation and search of letters may take place may be determined only by law. Sec. 33. The freedom of religious creed, the freedom of assembly for religious societies, whose principles do not conflict with the penal laws or the moral code, and the freedom of ordinary private ana public worship is guaranteed. Sec. 34. The enjoyment of civic rights shall not be conditioned nor restricted by religious creed. The latter must not interfere with political duties. Sec. 35. No religious society more than any other shall enjoy privileges in ecclesiastical consideration. On the contrary, the State accords equal protection to all. Decrees of church authorities may neither be announced nor executed without preceding the approval ot the State Government. Sec. 36. Differences in religion are no civil obstacle to marriage. Sec. 37. Matters of instruction and education are under the general superintendence of the State. Sec. 38. Every citizen is free to found and to conduct institutions for instruction and education, and to give instruction in the same if he has shown the proper civil authorities his moral, scientific, and technical ability. Private instruction is subject to no such restriction. Sec. 39. Sufficient instruction for the young shall be universally provided in the public schools. The State shall provide that those without means may also obtain their share of necessary instruction in the public elementary schools. Parents and guardians must not allow their children and wards to do without the instruction which is prescribed in the public elemen- tary schools. Sec. 40. The teachers of the elementary schools, who have proved their moral, scientific, and technical ability before the proper civic CONSTITUTION OF SAXE-COBURG-GOTHA. 347 authorities, shall be appointed by the State in conjunction with the commune. This position shall be regulated by law. Sec. 41. The legal status of these public teachers as State officials to whom the civil service law does not apply, as well as their legal relations to the commune, shall be regulated by law. Sec. 42. The means for erection, support, and extension of the public elementary schools shall be furnished by the communes, and in case of insufficient funds they shall be supplemented by the State. In regard to responsibilities of third parties based on special legal circumstances, nothing shall be changed by the foregoing provision. Sec. 43. The right to free expression of opinion by word, writing, print, or pictorial form shall be granted in full measure, unaffected by repressive laws against the abuse of this right. The press must not be placed under censorship. Offenses which are committed by word, writing, press, or picture are to be handled according to existing criminal procedure until section 139 comes into effect. Sec. 44. All subjects are entitled without previous permission to assemble peaceably and without weapons. For outdoor gatherings the director or leader must notify the district police authorities 24 hours in advance, w^ho may forbid the assembly if there is sufficient reason for the assumption that it would be dangerous to the public safety or order. Sec. 45. The manner in which armed troops may be used in order to maintain lawful conditions, what authorities and under what forms they have to give their orders, is to be governed by legal pro- vision. Sec. 46. All subjects shall have the right to form unions for such purposes as do not conflict with the penal laws or public morals. Further information is reserved to the legal regulations. The granting of corporate rights belongs to the State administra- tion. Sec. 47. Participation in gatherings and unions on the part of active military men, including those on furlough, may take place only in so far as provisions of military discipline do not prevent. Sec. 48. Every citizen shall have the right to appeal in writing with requests or complaints to the civil authorities or to the Diet, either alone or in company with several others. Petitions and complaints under a general name are granted only to civil authorities or corporations. In the case of a person in active military service, including those on furlough, the right of petition and complaint may only be exer- cised according to the provisions of military discipline. Sec. 49. Property rights are inviolable. Forcible expropriation, out of regard for the common welfare, can only be undertaken on the basis of the law and in return for just compensation. 348 CONSTITUTIONS OF THE GERMAN STATES. Intellectual property shall be protected by law. Sec. 50. The penalty of confiscation of property is forever abol- ished. Sec. 51. The provisions for alienation and division of landed property, both among the living with respect to the deceased, as well as concerning property boundaries, are left to legal regulations. Sec. 52. It is admissible in the case of property locked in mort- main to pass legislation concerning * restriction of rights of inher- itance and disposition of real estate for reasons of public welfare. Sec. 53. Every relation of vassalage or dependence is forever abol- ished. Sec. 54. The possession of property co^ ers the right to hunt on one's own property. The exercise of the hunting license is subject to legal provisions. The right to hunt on another's gi^ounds may not again in the future be construed as a prerogative attached to the land. Sec. 55. The establishment of new fiefs is forbidden. Sec. 56. All civil taxes and services attaching to the land accord- ing to civil law are redeemable. No property shall be burdened henceforth with unredeemable taxes or services according to civil law. Sec. 57. Letters of protection, monoplies, and exclusive trade and manufacturing privileges, with exception of patents of invention, may not be granted. Sec. 58. The taxes shall be so regulated that preference for partic- ular ranks and properties shall not ensue. Permanent exemption from responsibility in assuming State taxes must not be granted. Sec. 59. All citizens are subject to military service. The extent of this duty, as well as the manner of enlistment and the time of service, are fixed by law. Part III. — Communes and Foundations. Sec. 60. [Sec. 60 is abolished by law of April 8, 1879 ; cf . note to sec. 23.] Sec. 61. Every piece of property is under the jurisdiction of a commune. Exception on account of State and Crown properties, as well as forests, shall be determined by law. Sec. 62. The relation of franchise and service for possessors of such property as have not hitherto belonged to a communal association with reference to others of the commune shall be decided by law. Sec. 63. The rules for the formation and disorganization of com- munes shall be fixed by law. CONSTITUTION OF SAXE-COBURG-GOTHA. 349 Sec. 64. The constitution of the communes shall be so regulated that they shall, under the supervision of the State : (1) Choose their officers and representatives; (2) Independently govern their affairs and their funds and publish the decisions of their communal administration of revenue. The competency of the communes in respect to the local police shall also be fixed by law. Sec. 65. The communal funds and revenues can under no assump- tion be incorporated in the State capital. Sec. 66. All foundations which are destined for religious purposes, for instruction, or for charitable purposes shall be under the protec- tion of the State. Their funds or income may not be incorporated in the State funds; nor can they be disposed of against the will of the founder. Only in a case where the purpose of the foundation can no longer be fulfilled can its appropriation be made for other similar purposes, with previous knowledge and consent of the parties interested, in case they are known, and when it concerns general public institutions, with consent of the Diet concerned. Part IV. — Civil service. Sec. 67. The position of the civil officials in the Duchies shall be regulated by law. Sec. 68. For losses caused to a citizen through deceit or insolent offense of State officials as such, the State must be answerable, unless special laws in certain cases determine a direct responsibility, and the injured party may not demand damages from the guilty official. Such claims for damages on the State shall be considered void after the expiration of five years after the date of the damaging circum- stance. Part Y.—The Diets. Sec. 69. Citizens shall exercise their constitutional rights as a whole through the Diets, or through selected committees of the latter (cf. Part VI). Assemblies of the delegates chosen in constitutional manner form the Diets. Sec. 70. For each of the Duchies of Coburg and Gotha there shall exist a special Diet. In reference to those relations, circumstances, and organizations which are declared common for both Duchies, a Joint Diet shall exercise the rights accruing to the representatives in the manner more exactly defined in Part VII. 350 CONSTITUTIONS OF THE GERMAN STATES. All privileges accruing constitutionally to the Diets (sec. 69), in so far as these are not expressly assigned to the Joint Diet, shall be exercised through the Diets of both Duchies. Sec. 71. As joint matters for both Diets (sec. 70) are to be con- sidered : (1) The relation of the united Duchies to the Duke, with exception of the receipts of the Duke and the ducal family from the State or Crown funds; (2) All relations of the Duchies to the State organism and to for- eign States; (3) The Political Constitution (cf., however, sec. 112) ; (4) The Joint Diet; (5) The State Ministry (cf., however, sec. 132, sub 1) ; (6) The State Tribunal; (7) Military Affairs; • (8) The Supreme Court of Appeals and the Common Court of Appeal to be established according to law, together with the arrange- ments in connection therewith; (9) Postal affairs; (10) Taxes, and (11) The public archives. Sec. 72.^ Other matters and arrangements also, besides those desig-> nated in the preceding paragraphs, may be declared joint issues on the authority or .with the consent of the Duke by a unanimous vote of the Diets of both Duchies, or by a vote of the Joint Diet taken with consent of the majority of the delegates of each of the two Duchies. Sec. 73.2 ^j^g T>\Q,i of Coburg shall consist of 11, and that for Gotha of 19 members, for the election of whom detailed provisions are contained in Part VIII, particularly the Election Order, Appen- dix I. The members of these two Diets form the Joint Diet. Sec. 74.^ The election of the deputies to the Diets shall take place once in four years. For the reckoning of this election period the end of the preceding election period is a guide in that the one shall directly follow the other. Supplementary elections shall take place for the remaining por- tion of the election period. iSecs. 72, 73, 75, 79, 81, 83, 112, and 114 received their present legal form through the law of January 31, 1874, concerning some amendments to the Political Constitulion of May 3, 1852. 2 For sees. 73, 75, 79, 81 cf. note to sec. 72. » Sec. 74, par, 2, was newly worded by law of April 14, 1902. COI^STITUTION or SAXE-COBURG-GOTHA. 351 In case the dissolution of the Diet ensues (cf. sec. 78), the legal term of the new Diet shall likewise extend only for the remaining portion of the election period. Sec. 75.^ With the termination of the legal terms, or with the dis- solution of the Diet of one of the two Duchies, the authority of its members with respect to the Joint Diet also expires (of., however, sees. 95 and 158). Sfx. 76. The Duke shall summon the Diets and designate the place of meeting in the respective Duchy. The Joint Diet is however as a rule to be summoned for the holding its sessions, alternately to Coburg and Gotha, unless special reasons given in the summons demand single exceptions. Sec. 77. The Duke shall open the Diets either in person or by an authorized agent especially designated therefor. Sec. 78. The Duke shall have the right to adjourn or to dissolve the Diets. Sec. 79.^ If the Diet of one of the two Duchies shall be dissolved, a new election must be held within 14 days, and the new Diet must be opened with six months at the longest from the date of election. The dissolution of the Joint Diet shall cause likewise the dissolution of the two individual Diets, and the preceding provision also ap- plies in this case to the conduct of the new election of the deputies and the reopening of the Diet. Sec. 80. The Diet shall be regularly summoned in the first and last years of the four-year period for which the deputies are elected (cf. sec. 74). Extraordinary summons shall take place whenever urgent circum- stances demand it. Sec. 81.^ The Diets of the two Duchies must inspect the legality of the election of their members and give final decision thereon, for which purpose the election reports of the Government are to be sent them. Further information in this matter is contained in the Order of Business (Appendix II). Sec. 82. The Diet shall choose its officers from its own members. Further information is contained in the Order of Business (Ap- pendix II). Sec. 83.^ The deputies upon their entrance into the Diets shall take the following oath : I swear that I will protect the Constitution faithfully and watch over the welfare of the Duke and the State according to my best knowledge and con- science. So help me God. 1 Cf. note to sec. 72. 352 CONSTITUTIONS OF THE GERMAN STATES. A repetition of this oath is not necessary at the entrance of the two Diets into the Joint Diet. Sec. 84. The deputies are representatives of the citizens in general, not of their own election districts as such, or of single classes of people. They shall vote according to their free conviction and are not obliged to take any instructions from their electors. The legal duration of their term of office may not be restricted at the will of their electors. Sec. 85. No deputy can be called to account outside of the Diet for any utterances in the exercise of his duties. On account of any ojffense or misdemeanor committed' through such utterances, the Diet can formally express its disapproval or on proposal of the interested party, and it may refer the case to court for criminal procedure. No one may be called into question on account of his vote. Sec. 86. No deputy may be arrested during the assembly of the Diet without its consent, except in case he is apprehended in the very act. In such case notice must be given to the Diet of said arrest. Sec. 87. Exit from the Diets is at all times free to the deputies (cf. sec. 85 of the Order of Business, App. II). Sec. 88. For the validity of a decree passed by one of the Diets, unless for special cases something different is designated, there are required the presence and participation of at least two-thirds of the total statutory number of members of the respective Diet and the /Majority vote of more than half of the votes cast. In order to insure a quorum of the Diet when such quorum is not present, the deputies present, in case they form the majority of the total statutory members of the Diet, shall be authorized to summon the members who are absent without sufficient excuse to appear after a short interval appointed, and after the lapse of this interval they itiay transact the business of the Diet. The members present shall decide upon the importance of the vixcuses offered. Sec. 89. The sessions of the Diet shall ordinarily be public. Exceptions may be made when a Diet so decrees on request of the State Ministry, or of a third of the members present, or of the presi- dent, or of a commission, in accordance with the Order of Business (App. II, sec. 47). Sec. 90. The deputies of the Diet shall draw fees and traveling expenses. Details are stated in the Order of Business (App. II). Part VI. — Diet committees. Sec. 91. For every Diet there shall exist a committee whose duties begin when the respective Diet is no longer in session. CONSTITUTION OF SAXE-COBUKG-GOTHA. 353 Sec. 92. The committee of every Diet shall consist of: (1) The president and secretary; (2) three other members. The latter and three substitutes therefor shall be elected by major- ity vote by every Diet during its first meeting. The election of these three members and their substitutes for the committee of the Joint Diet shall be so arranged that three of the five members shall always belong to the Duchy of Gotha and two to the Duchy of Coburg. The president of the Diet shall be likewise chairman of the com- mittee. His substitute in case of his withdrawal or absence for any reason shall be chosen by the committee from their own number. Sec. 93. The sessions of the Coburg committee shall be held in Coburg, those of the Gotha committee in Gotha. The committee of the Joint Diet shall hold its sessions with as regular an alternation as possible in Coburg or Gotha. Sec. 94. The activity of each (ommittee ceases with the convening of the respective Diet. Unless this Diet is a newly elected one, the authority of the committee members expires with its opening. The new Diet is authorized to require information and ac:ounts of its business from the previous committee. Sec. 95. The committee continues even when the dissolution of the respective Diet ensues. Sec. 96. The members of the committees, during the assembly of the latter, have the same rights which appertain to the deputies of the Diet according to sections 85 and 86. Sec. 97. The duties of the committees, each within the competency of its respective Diet, shall be : (1) To watch that nothing shall take place contrary to the Con- stitution, and for the support of the same to exercise all rights accru- ing constitutionally to the Diet ; (2) To declare their opinion on the rules of the administratioji in the cases noted in sections 118 and 131 ; (3) To express an expert opinion at the request of the Government upon objects of legislation and administration and in general to prepare the business of the Diets ; (4) To detect the exceeding of individual items in the budget of the State Treasury, and also to take account of the final balance and the annual reports of the latter and to give a definite opinion on the Government bills relating thereto, unless at least two members of the committee consider it necessary for the respective Diet to ex- amine and decide thereon ; (5) To exercise the right of submitting petitions, proposals, and complaints within the limits assigned to the Diets. 92975—19 23 354 - CONSTITUTIONS OF THE GERMAN STATES. Sec. 98. The committees shall meet at the call of their chairmen. Every committee has the right to meet once a year after previous notice to the Duke. The prolonging of this session beyond four weeks, as well as fur- ther meetings, can only take place upon the order or with the consent of the Duke. It is moreover left to the chairman to dispatch single items of busi- ness on receipt of the written statements of the committee members unless objection is raised thereto by one or more of them. Sec. 99. The meetings of the committees are not public. The keep- ing of the minutes shall be the duty of the respective recorder (cf., sec. 29 of the Order of Business, App. II). Sec. 100. In voting, majority of votes cast shall be decisive, reck- oned according to the total statutory number of committee members, assuming the proper summons of all members and the presence of at least three of them (cf., however, sec. 97, par. 4). Sec. 101. The business relation between the administration and the committees shall be provided through the chairmen of the latter. Sec. 102. Every committee must give a report of its activity to the Diet by which it was chosen at its next meeting, if requested thereby (cf. also sec. 94). Sec. 103. At the meetings of the committees all their members may claim their compensation for traveling expenses and the fees due the deputies. The chairmen shall receive a corresponding compensation for their unavoidable additional expenditure in time and money, the amount of which the administration and the respective Diet shall agree upon. Part VII. — The exercise of supreirve power. Sec. 104. The legislative power shall be exercised by the Duke jointly with the Diets, in accordance with provisions contained in the Constitution. Sec. 105. Both the Duke and the Diets shall have the right to pro- pose laws. Sec. 106. For the validity of a law is required the conformity of its contents with the decisions of the respective Diet. No law can, without consent of the respective Diet, be suspended, repealed, amended, or authoritatively interpreted by the Duke. Sec. lOT. Every decision of a Diet must have the ratification of the Duke in order to acquire legal force. Sec. 108. The Duke shall publish the laws. The essential form of the law reqiiires mention of the consent of the Diet thereto in the words of the publication. Sec. 109. The ratification of the laws passed by the Diets shall be considered as refused when the publication of the same shall not CONSTITUTION OF SAXE-COBURG-GOTHA. 355 follow within eight weeks from the time when the administration was notified thereof. Sec. 110. Every law shall go into force on the fourth day after that on which its publication appeared in the Government paper un- less another date is expressly fixed. Sec. 111. Within the competency of the Joint Diet belongs the fol- lowing legislation : (a) That dealing with the general matters and provisions men- tioned in section 71, and furthermore the subjects declared as joint matters (sec. 72) (cf., however, sees. 112 and 113) ; (h) That dealing with civil service, and (c) pertaining to changes in the organization of local adminis- trative boards, if in consequence one board might be moved from one Duchy to another, or with reference to functions which, although be- longing to a board in one Duchy, might have been ti'ansferred to a board in the other Duchy (cf., however, sec. 112). Sec. 112.^ The consent of the majority of deputies of each of the two Duchies is required for the validity of decisions of the Joint Diet in regard to amendments to the Political Constitution and to other constitutional provisions designated as integral parts of the same, as well as decisions in regard to changes in the organization of boards (sec. Ill, sub c.) The foregoing provision has, however, no application to the elec- tion order (App. I), to the order of business (App. II), and likewise to the law for civil service. Sec. 113. The alienation of single pieces of territory and acquiring of new territory must both be matters of amendment to the Political Constitution, and the provision of section 112 has no application thereto. Sec. 114.- The Joint Diet is empowered to go into conference also in regard to other matters of legislation than those designated in section 111, when the majority of deputies of each of the two Diets have declared themselves agreed thereto. In such cases, however, after the conference and decision upon the single provisions of the law, there shall always be taken a final vote upon the law as a whole, and the latter is considered valid only when the majority of deputies of each of the two Diets has voted therefor. Sec. 115. If doubt shall be raised in the Joint Diet in regard to its competency on some subject submitted for its consideration, such competency shall be considered established when the majority of the deputies of each of both Duchies has declared for it in the Joint Diet. iFor sec. 112 cf. note to sec. 72. 2 For sec. 114 cf. note to sec. 72. 356 CONSTITUTIONS OF THE GERMAN STATES. If, however, the majority of the deputies of one Duchy who an present vote that the subject belongs to the competency of the singh Diet, then the question must be referred to a court of arbitration, upor which the deputies of both Duchies must agree. If the agreement on the court of arbitration is not made withir 14 days, the question is before the civil court, and until then, in cas( such court must be appointed by law, it must be brought before th( Supreme Court at Jena. In both cases the decision is to be applied for through the civi' Government, the deputies of each Duchy being allowed, however, t( append a statement in support of their views. Sec. 116. The Joint Diet shall have, moreover, the duty of under taking, on recommendation of the Government, the preliminary ex amination and judgment of the drafts of such bills and all other legis lative proposals as belong to the competency of the Diet of each Duchj and which the Government intends to bring before them. Sec. 117. The alienation or mortgaging of parcels of public oi Crown property, with the exception of insignificant cases, the changes with reference to the previous divisions of the country into depart ments and administrative districts are to be treated as subjects foi legislation. The Government shall inform the respective Diet at its next meet- ing of the alienation or mortgaging of public or Crown property ensuing in the aforementioned exceptional cases. Sec. 118. The granting of taxes in general, as vvell as the impo sition of or change in all public imposts, taking of loans on the public treasury, the making of paper money of all kinds, the raising and lowering of the rate of interest of the national debt in internal loans as well as the liquidation of debts, are subjects of legislation for th< Diet of each Duchy. Within the limits of the debt which pays interest according to the treasury budget, or of a debt running through the financial period agreed upon with the Diets, or of special credit granted by the lattei in single instances, a change in the person of the creditors may be made at any time, and the treasury transactions in such case shall not be considered new loans. By way of exception the Government is authorized to take new loans even without the consent of the Diets, only, however, in agree- ment with the Diet Committee of the respective Duchy, when the matter is necessary and urgent, and when through taking up of the loan a loss which urgently threatens the treasury may be avoided. Sec. 119.^ The budget of the administration of revenue as well^S the determination of the salary budgets in the different branches oi ^ Sec. 119, par. 1, sentence 2 : The financial period was reduced from four to two yeani beginning with April 1, by law of April 14, 1902. CONSTITUTION OF SAXE-COBURG-GOTHA. 357 the Government as a guidance for future official appointments are subjects of legislation. The budget for each of the two Duchies shall be determined upon beforehand with its respective Diet for regular periods of two years each, beginning at the same time for both Duchies, according to the total public income and disbursements (cf ., however, sec. 120). The budget shall contain the granting of all taxes and duties limited to this period (cf., however, sec. 126). If this determination of budget should by way of exception con- tinue for a short time only, then the following budget is to be effec- tive only for the remaining portion of the financial period. The same shall hold true for the case mentioned in section 126. Sec. 120. Relative to the joint matters (sees. 71 and 72) there follows the agreement with the Joint Diet on the respective budget items. The Diet of the two Duchies, each within its own com- petency, shall in their expense budgets adjust the funds granted by the Joint Diet according to the proportion of 3/10 for Coburg and 7/10 for Gotha, like the totals agreed upon, and to make due remit- tances, respectively, through corresponding receipts. The supervision of keeping within the budget items agreed upon devolves upon the Joint Diet or its committees. Sec. 121. Upon the basis of the budget of each Duchy will the tax law be enacted therefor (cf., however, sec. 126). Sec. 122. To the Diets or the Diet committees shall be annually reported the final balance of the treasuries, and when the final ac- counts of the year are adjusted and settled, these, too, shall be re- ported to them, together with the vouchers for examination. At first the final balances or the annual balances of the public treasuries in Coburg and Gotha shall be submitted to the Joint Diet or its committees. Their examination shall be limited to those sec- tions of the budget which were agreed upon with the Joint Diet, and the amounts reckoned thereon. Then shall follow the report of the final or annual balance to the respective Diet of each Duchy or to its committee, by whom the amounts reckoned on the other sections shall be examined in com- parison with the amounts in the budget. The provisions for a mutual settlement of the treasury accounts in Coburg and Gotha, the keeping of the common vouchers, and the forms governing the joint system of accounts in general shall be provided for by Government enactments. Sec. 123. The surplus income in the trieasury can only be disposed of by agreement with the respective Diet. The balance on hand from former years shall be added to the surplus income. When, however, expenditures estimated for past years still remain on hand and are miscalculated as surplus, they can not be thus disposed of. If 358 CONSTITUTIONS OF THE GERMAN STATES. through such miscalculation an overdrawing of the respective budget items of the former year should be made, section 124 shall apply. Sec. 124. Overdrawing of the budget requires the additional ap- proval of the respective Diet or its Diet Committee. This approval can not be denied in case it is proved necessary and urgent. Sec. 125. If it is not possible to come to an agreement w^ith the Joint Diet over the estimated budget amount proposed for the follow- ing financial or budget period, and the preceding financial period has expired, then the previous budget estimate shall be considered as extended for another year. Sec. 126. When it is not possible to come to an agreement with the Diet of one of the Duchies over the treasury budget proposed for the following financial or budget period, with reference to the amount of income and expenditure appertaining thereto, and the preceding financial period has expired, then the previous amount of income and expenditure and the tax law hitherto valid are to be considered as extended for one year. If, however, in such a case a new agreement is found with the Joint Diet within its competency, then in consequence of this agree- ment any deficiency required shall be covered out of the balance on hand, unless the Diet should prefer to raise the deficiency by the levy of a tax or otherwise. Sec. 127. The Diets are not authorized to apply their right of vote to conditions which do not concern their purpose or use. Sec. 128. The Duke shall exercise the executive power in constitu- tional form, shall specifically make the necessary provisions for putting the laws into execution, name all State officials, guide and guard the entire administration, conclude treaties with other States, shall exercise the right of bestowing honors, degrees, and dispensa- tions in so far as this privilege is not limited by special legal pro- visions. The consent of the respective Diet is necessary for the validity of treaties concluded with other States, when thereby new burdens would be laid upon the State or on single individuals or when laws are to be made, amended, or repealed. Such treaties are to be published as laws. Sec. 129. The Duke shall grant yearly pensions, gifts, and relief at expense of the treasury only within the limits of the budget esti- mates. Sec. 130. Only in case the maintenance of the public safety or the removal of an unusual need urgently demands it, and the respective Diet is not in session, can orders with legal force be given which do not conflict with the Constitution, with reservation expressly made at their announcement, of the subsequent ratification by the respective Diet. Such orders are, however, to be submitted for subsequent rati- COI^STITUTION^ OF SAXE-COBURG-GOTHA. 359 fication to the respective Diet immediately upon its next meeting, to- gether with proof of their urgency and expediency. If they fail to be ratified, the orders lose their power forthwith. Sec. 131. In case of a war or uprising the legal provisions concern- ing arrest, search warrant, and holding of public meetings with consent of the respective Diet or Diet Committee, can be temporarily declared invalid. In the latter case the respective Diet shall be con- vened within 14 days and the measures taken are to be submitted to it for approval. Sec. 132. The Diets, each within its own competency, are author- ized — (l)To bring accusation for violations of the Constitution on the part of civil servants; (2) To make protest to the Government in regard to any irregu- larities or misuse of the State administration or administration of justice ; (3) To demand from the administration the ascertainment and ex- planation of actual conditions in all cases where such knowledge seems to them desirable or necessary for the exercise of their consti- tutional power; (4) To present to the administration, without detriment to their own rights in reference to the legislation, their wishes and desires in regard to promoting the welfare of the country or improving the legislation. Sec. 133. The Diets are furthermore authorized, eack within its own competency, to receive from private persons complaints concern- ing incidental injuries occurring to them through Government enact- ments, and also to use their influence with the administration for the adjustment of such complaints, provided — (1) These complaints are presented in writing; (2) Said complaints have previously taken the course of legal appeal to the highest public authorities. Sec. 134. The judiciary poAver shall be exercised in the name of the Duke and under his supervision and through the courts and judiciary officials, unless the laws designate an exception for special cases. Sec.^ 135. Judges shall be independent and subject to no other authority except that of the law. Arbitrary administration of justice shall be unlawful. Sec. 136. No patrimonial jurisdiction shall exist. Sec. 137. The administration of justice shall be separate from the Government. Exceptions shall be determined by law. Sec. 138. Privileged coui'ts for persons and property are abolished, with exception of the military jurisdiction. 360 CONSTITUTIOISrS OF THE GERMAN STATES. The court for members of the Ducal House shall be regulated by a special law. Sec. 139. In criminal cases the procedure shall be, as a rule, public and oral, and procedure of indictment shall be conducted. In more serious cases judgment shall be by jury trial. Such cases shall be designated by law. Sec. 140. It shall be within the power of the Duke to annul or to mitigate a court judgment, also to cause proceedings against the accused to be stopped or interrupted, even before the offense or transgression has been inquired into or the penalty pronounced (cf., however, sec. 176). Sec. 141. The limits of penal authority of the police shall be fixed by law. Sec. 142.^ A special commission shall decide upon conflicts between civil and judicial authorities. Part VIII. — The. election of deputies to the Diets of the two Duchies, Sec. 143. The elections of the deputies to the Diets of both Duchies shall take place through delegates. Sec. 144. The delegates shall be elected by the enfranchised general electors from their own number. Sec. 145. For the purpose of election of delegates the Duchy of Coburg shall be divided into 11 and the Duchy of Gotha into 19 election districts. Further details on this point are described by the Order of Election (App. I). Sec. 146.2 Every blameless male citizen is entitled to vote who has completed his twenty-fifth year, who has had to pay a Government tax since the beginning of the j^ear preceding the notice of election, and is not one year in arrears with his taxes at the time the election list is published. Sec. 147. As dependent are excluded from the election those persons nientioned in section 27. Sec. 148. As not blameless are excluded from the right to vote the following : Those who have been legally and duly sentenced on account of an offense considered dishonorable according to legal precepts or gen- eral opinion ; iti every case, however, those who have been sentenced to the penitentiary on account of a common offense. The franchise may be renewed, however, when 10 years have elapsed since the judicial sentence has been served or shortened by pardon or entirely annulled. iThe law of April 8, 1870, concerning' the decision of controversies between judicial and civil authorities over the admissibility of taking legal steps abolished par. 2 of sec. 142, * By law of March 17, 1911, the word " Independent " was stricken out after " every " in sec. 140, line 1. CONSTITUTION OF SAXE- COBURG-GOTHA. 361 Sec. 149. The loss of franchise for a period of from 4 to 10 years shall be expressly pronounced by legal judgment, without detracting from the sentence otherwise incurred, against those persons who have sold their votes at election, bought votes for themselves or others, or who have voted more than dnce at the same election, or who have in general used unlawful means for influencing the election. In particular those persons shall be declared to have forfeited their franchise for from 4 to 10 years who have endeavored to influence the elections by threats of withdrawal of work, by promises the fulfilment of which presupposes the bringing about of an unlawful condition, or who have been guilty of unlawful dealings for the purpose of wreaking vengeance upon a certain person in connection with the result of an election. Sec. 150. The franchise may be exercised only in person. Sec. 151. The franchise shall be exercised by each enfranchised citizen only in that election district in which he resides. Sec. 152. The delegates of each election district shall elect one deputy. Sec. 153. Every legal voter (cf. sec. 146 ff.) who has completed his thirtieth year shall be eligible as a deputy. However, the official conducting the election, together with the clerk of the courts, shall not be eligible in the respective election district (cf. also sec. 3, Order of Business, App. II). Sec. 154. Persons who are in direct civil service, when elected as deputies, shall show their acceptance to their superior officials in order that provision may be made for the temporary administration of their office. Persons in active military service must have a fur- lough from their superior officers for entrance into the Diet. A furlough once given to such person can not be taken back without consent of the respective Diet. Sec. 155. The order of election (App. I) contains further provi- sions in regard to elections. Part IX. — The Protection of the Constitution. Sec. 156. Except by law, nothing can be changed in the political Constitution and in the provisions designated as integral parts thereof. Sec. 157. Before exercising the constitutionally sovereign rights, the Duke, and should the case arise, the governor and the administrator, must execute in a written document the following sworn assurance : I swear that I will always conseieiitiously observe and powerfully protect the Constitution of the Duchies Coburg and Gotha, The original of the document shall be handed over to the archives of the Joint Diet. An authentic copy of it shall be placed in the State archives. 362 CONSTITUTIONS OF THE GERMAN STATES. Sec. 158. If the Duke dies, or if the office of governor or administra- - tor is vacated, the Joint Diet shall assemble at Gotha without sum- mons if it is not immediately summoned, by the fourth day at the latest, in order to receive the constitutional oath to be executed by the successor, governor, or administrator. If such a case should arise just at the time when the power of the- Joint Diet last summoned had expired and the immediate summons of the new Diet can not yet be made possible, the members of tho Joint Diet just previously summoned shall gather for aforesaid purpose. Sec. 159. Before the constitutional vow in documentary form has- been handed over to the Joint Diet, the Duke, governor, or admin- istrator can undertake no administrative business. In the interval the necessary transactions shall be executed by the Ministry. In what form this shall be done shall be fixed by law. Sec. 160. Furthermore, the Joint Diet shall immediately convene, according to the provisions of section 158, if the ducal Saxon family of Ernest should cease to rule over the Duchies, in order to protecl the general and special interests of both Duchies, particularly also- with respect to the public property and the Crown and domain possessions. Sec. 161. All State officials, upon installation, shUU swear to fulfil their faithful duty to the contents of the Political Constitution and! the maintenance thereof. Sec. 162. All State officials are responsible for the constitutionality of their official transactions. Sec. 163. State officials who act contrary to the provisions of the Political Constitution or of the law declared to be an integral part of the Constitution, make themselves guilty of the offense of breach of Constitution. Sec. 164. The degree of penalty for such offense shall be deter- mined according to the extent of evil intention and guilt, according to the extent and compass of damage done and the legal rules for compensation therefor. The penalties shall consist in reprimand, suspension, retirement from office with or without pension, Avith or without reservation for reinstatement in service, and finally removal from office. Sec. 165. Each Diet within its own competency is authorized to- charge State officials with breach of the Constitution. The same right shall belong to the committees of the Diets (cf. sees. 97 and 132). The chairmen of these committees are authorized to convene the- latter after giving previous notice to the State Ministry as a prelimi- nary step to bringing accusation or complaints. Sec. 166. The accused can free himself from the accusation that he has acted in accordance with an order from his competent su- periors issued to him in due form. CONSTITUTION OF SAXE-COBURG-GOTHA. 365 Sec. 167. In order to acquire due form for all orders in State mat- ters which the Duke signs or which are issued in his name on a special order it is requisite that said orders shall be countersigned by a member of the State Ministry on the original copy or otherwise signed (cf. sec. 22). Sec. 168. The member of the Ministry who countersigns or signs the original copy of the order is responsible for its constitutionality without issuing the summons at the Duke's commaivi. Sec. 169. The complaint mentioned in section 165 can only then b& brought when the respective Diet or Diet committee (sec. 165) has stated to the Duke the accusation of breach of the Constitution and the accusation is not redressed to the latter's satisfaction within one month from the date of such statement. Sec. 170. The complaint shall be brought to a court appointed by law and decided by it. Sec. 171. Until the court is appointed by law and the case decided thereby, the supreme appellate tribunal at Jena shall take its place. This court shall be clothed for this case with all rights and duties of a court of inquiry, shall examine the casQ according to the principles and rules of the procedure of indictment and pronounce sentence according to the evidence for or against the accused. Against the sentence of this Supreme Appellate Court only the recourse of a new trial (revision) by the Supreme Court can be made, and this only by the defendant and only within 30 days from its publication. The defendant is allowed, within a certain time — of 6 weeks — from the date of revision, to bring a statement of his objec- tions, which is handed to the plaintiff for his answer within like 6 weeks' interval, to be recl«oned from the filing of indictment. After the receipt of the papers, or in default of the same at the expiration of the time set, the Supreme Appellate Court shall pronounce the second and last sentence, for which a new referee and a coreferee shall be appointed, a written report worked out by each one 'without either seeing that of the other, and then voted on in writing by each member outside of the Diet session. The Supreme Appellate Court shall inform the accused as well as the accusing Diet, or its committee, of the judgment, with reasons- therefor, and shall at the same time send an authentic copy of the same to the Duke. The Supreme Court shall publish through the press, at the expense of the State, every sentence, with reasons therefor, within 4 weeks from its pronouncement. Sec. 172. The sentence shall first state whether the accused has acted against the Constitution, and then in regard to the penalty and costs. 364 CONSTITUTIONS OF THE GERMAN STATES. Sec. 173. If the complaint concerns the transgression of a provision the meaning of which is not clear, and if the court finds that the in- terpretation made by the accused is indeed not the correct one, but that the accused has had good reasons to consider it so, then the court shall state that the accused has acted contrary to the Consti- tution, but shall clear him of penalty and costs. Sec. 174. In the matter mentioned in section 173 is also to be under- stood that if the accused should prove that the order forming the basis of indictment was withdrawn upon the complaint mentioned in section 171 within the one month's interval set therein, and through this withdrawal 6r amends made within like time, the former con- dition of affairs shall have again been restored. If, however, upon complaint of the respective Diet or Diet Com- mittee, the orders which violated the Constitution, but which had been withdrawn, should be repeated, the foregoing provision shall then have no application to the accusation made in such case. Sec. 175. Through the accusation of breach of Constitution and the procedure based thereon shall not be precluded the prosecution of any concurrent ordinary offense or breach of duty by means of the regular criminal authorities. Sec. 176. A mandate of pardon in respect to breach of Constitu- tion shall not be issued. The Duke shall not grant a pardon with reference to a sentence pronounced for violation of Constitution (sec. 164) without the con- sent of the respective Diet or Diet Committee. Sec. 177. The serving of a sentence pronounced by the court for the violation of the Constitution shall take place at the order of the Duke immediately after the beginning of ^s legal force. Given under our own hand and the ducal seal. [l. s.] ERNST, Duke of Sa^e-Cohwrg aifid Gc/tha, J. Seebach. Gotha, May 3, 1852. At the same time with the Political Constitution were published as Appendix I, The Order of Election for the Diets of Cohurg and Gotha; and as Appendix II, The Order of Business for the Diets of the Duchies Cohurg and Gotha, SAXE-MEININGEN. FUNDAMENTAL LAW OF AUGUST 23, 1829.' [Preamble.] We, Bernhard, by the grace of God, Duke of Saxe-Meinin^en, etc., have at the beginning of our reign over the lands united with our hereditary Duchy of Meiningen in consequence of the treaty of No- vember 12, 1826, expressed immediately our conviction that the true welfare of our subjects would be more and more furthered by as close a union as possible of the various provinces and have declared our paternal intention to establish a union of the various provincial institutions of the same after mature consideration of those already existing and with careful regard for essential local differences. After we have now also in accordance with the Constitution heard the wishes of our loyal Estates concerning the national Constitution through a committee chosen for that purpose and assembled here at our capital, the citj^ of Meiningen, and have after taking these into due consideration made our decision, we now see ourselves moved to comprise this National Constitution together with the other legal provisions appertaining thereto in a document, and therefore do order the following: Section I. — Of the Duchy ^its Constituent Parts ^ and the Sovereign.'^ Article 1.^ The Duchy of Saxe-Meiningen in its various parts till now determined by the treaties of division in the whole House of Saxony and those still to be determined by future House or State treaties shall form a unified State under the name: the Duchy of Saxe-Meiningen. Art. 2. From the national territory hereunder comprised no part, no matter how small, shall under any pretext of its allodial quality ever be separated nor in favor of an allodial heir be withdrawn from the national succession (sovereignty of the heir to the throne), without prejudice, however, to the claims of the allodial heirs, al- ready recognized by treaty, to the value of various parts of the public domain. Art. 3. The Duke shall be hereditary Sovereign or ruler of the State. In his hands all branches of the highest State authority shall be united. 1 Translation by R. B. Roulston based on the text as found in Stoerk-Rauchhaupt, pp. 416-434. 3 Section I supplemented by law of March 9, 1896, concerning the succession, regency, judicial relations, and property of the Ducal Hou^e. ' Article 1 supplemented by law of January 13, 1894, concerning changes in boundary. 365 366 CONSTITUTIONS OF THE GERMAN STATES. The national succession shall, so far as the Ducal House is con- cerned, be determined, by virtue of the Primogeniture Constitution of March 12, 180^, according to the principles of primogeniture and order of line according to the age of the line; otherwise according to the agreements and observances of the Ducal, Grand Ducal, and Royal Saxon House. Art. 4. The Duke and all princes of the Ducal House shall be of age and competent to rule upon the completion of their twenty-first year. At the request of their former or especially hereto appointed guardian the reigning Duke shall declare the princes of the Ducal Special House of age when they shall have at least completed their eighteenth year. The Duke himself may be declared of age by his chief guardian after completing his eighteenth year with the consent of the oldest ruling Sovereign of the entire Saxon House of all lines. Art. 5. The entire Duchy shall have one common constitution, de- termined by the necessity of the cooperation of the Estates in those acts of the Government to be later defined to help to maintain soli- darity and stability in the Government and to afford a greater se- curity of the common justice. Section II. — General Rights and Duties of Subjects. Art. 6. Subjects shall be those who are born of native parents, i. e., in the case of legitimate children whose father, and in the case of illegitimates whose mother, at the time of the birth of the child was a naturalized subject; further those who acquire the right of citizenship or domicile in a place or who are taken into the service of the State. How far mere ten-year residence may give foreigners the rights of subjects shall depend, until the enactment of a general law, upon the regulations existing in various provinces and upon treaties with other States. Art. 7. Subjects shall owe obedience to the laws of the country even in foreign countries, in so far as the country is concerned therein, and shall be judged according to these laws for acts com- mitted in foreign countries. They shall not be delivered up to foreign States or be brought before foreign courts of justice, with- out prejudice however to existing or future treaties with regard to appearing for confrontation, likewise with regard to minor offences, especially poaching, impregnation cases, and the like. Art. 8. Subjects may claim the right to follow the trades for which they have prepared themselves, according to the provisions of the special existing and future regulations concerning these sub- jects. CONSTITUTION OF SAXE-MEININGEN. 367 They shall have the right to claim support when they can no longer earn their living, first in their own parish and then from the general relief funds according to the existing regulations, with- out prejudice to the present or future laws concerning the obliga- tion of blood relatives. Art. 9. This general right of subjects shall be lost by emigration. Every one shall be permitted to emigrate, but with the proviso that he shall have fulfilled his due obligations to the State and his fellow citizens. Art. 10. All subjects shall be obliged to contribute to the end of the State according to the law of equality and in proportion to their wealth and their ability, especially, (a) Through taxes, according to existing laws and those T^hich may be promulgated; (b) Through military service for the country and the German Confederation. The repeal of former and still existing exemptions, as well as the provisions for the indemnity to be granted therefor, shall be reserved for future laws. Subjects shall not be obliged to allow themselves to be used in foreign service. Art. 11. All male subjects shall upon completion of their eight- eenth year or upon their naturalization render an oath of allegiance, which must also be contained in all official oaths. Art. 12. The differences in the recognized Christian confessions shall entail no distinction in the civic relations of subjects. The relations of the adherents of the Mosaic religion shall be determined ^by special laws. Art. 13. The right of citizenship shall consist in the privilege : (1) Of being a sworn witness and a juror; (2) Of taking part in communal and legislative elections, the latter according to special laws dealing with these subjects. Art. 14. The right of citizenship shall belong to every citizen who is of age. The period for becoming of age shall be for all subjects (Upon the completion of the twenty-first year. It shall be lost by emigration and by the legal sentencing to a dis- honoring criminal punishment, and this loss shall be expressly pro- nounced in the sentence; it may, however, be restored again by the later proving of innocence (rehabilitation). It may temporarily not be exercised : (a) During an appointed guardianship; (b) During a declaration of insolvency of a debtor through his creditors ; (c) During a criminal examination, beginning at the time of accusation; it begins again, however, at the end of the guardianship; after complete payment of one's creditors ; and in the case of accused 368 CONSTITUTIONS OF THE GERMAN STATES. persons, after sentence has been passed, if this is either an acquittal or does not condemn one to a dishonoring punishment. Art. 15. The special legal status of the various Estates shall enjoy the protection of the Constitution. No difference in rank, however, shall afford in the Duchy any exemption from the common duties of subjects or a privilege in the acquisition of landed property and the attainment of any State office. Art. 16. All subjects and communes, likewise the public domain and the privy purse, shall be obligated to relinquish property which is necessary for some public purpose, e. g., the building of highways and communal roads, the enlargement of cities and public buildings, the straightening of streets in cities, and the constructing of market places, and especially in the case of the reconstruction of destroyed buildings; however, the necessity for the construction and the sur- render must be recognized by a higher authority, and immediately upon the surrender the full common value, to be determined by appraisement and with regard to special conditions, in so far as the same is not determined by any law or agreement with the State or commune itself, must be paid from the State or communal treasury. Art. 17. Other goods may be withdrawn from the common pos- session and traffic by special laws, and then every one shall be obliged to surrender goods of this nature already in his possession against compensation and those which later come into his possession without such compensation. Art. 18. All foreigners residing in the State, in so far as they do not enjoy an exception based upon internal law, shall owe obe- dience to the laws of the land, and shall be judged according to these laws for acts performed and crimes committed in the land. They shall enjoy the protection of the laws so long as they behave in a quiet and lawful manner, but in the contrary case they may be expelled from the country. Convictions for crimes shall as a rule entail expulsion. Extradi- tion shall be ordered only when a foreigner is accused of a common crime, e. g., theft, robbery, fraud, murder, homicide, arson, which according to the laws of this State entail arrest, and when therefore the extradition is desired by the court of the country w^herein the crime was committed or by the native country of the accused. The treaties already concluded with other states on this matter shall, however, be observed further. Section III. — Of the Communes and Corporations. Art. 19. The union of local communes shall embrace all subjects, and in the future no one may be a citizen of the State without being at the same time in one way or another in the union of communes. CONSTITUTION OF SAXE-MEININGEN. 369 The details hereof shall be determined by the communal regula- tions. Art. 20. The local communes shall have the right of personality and of regulated societies. They may acquire property, appoint offi- cials and magistrates, make decisions binding for non-consenting and future members, and also acquire rights which shall be exercised by their individual members for their special advantage. Art. 21. They shall also have on the other hand the duty of them- selves seeing to the maintenance of public order and safety in those matters allotted to them, especially of maintaining their communal roads and their bridges, and of caring for their poor, all according to the provisions decreed thereto appertaining. Art. 22. The communes as a whole shall enjoy the rights of minors with reference to their rights and their property. They shall be under the supervision and special care of the State. None of their members may prejudice the rights of the whole by his personal acts or thereby acquire especial exemption as against the whole. Art. 23.1 Art. 24. The communes of a district shall form a district com- mune for the common performance of affairs allotted thereto. The communal regulations shall give the details concerning these as well as concerning the local constitution of communes in general. Art. 25. The parishes shall likewise be in a similar communal union, with the common subsidiary obligation to maintain schools, churches, and parsonages; also to maintain the clergy and school- masters and the buildings in so far as the endowment of the churches and schools is not sufficient thereto. Art. 26. The property of the communes, both public property which belongs to the whole for the meeting of commimal expenses and the property of citizens (right of domicile and communal right), the enjoyment of which belongs to individual members, shall enjoy the security of private ownership with regards to the State and, so long as the commune exists, may not arbitrarily be added to the property of the State. At the same time, however, it shall be under the supervision of the State, so that its use may be regulated for the true welfare of the whole. The estimates of expenditures and incomes of the communes must be approved by the State Gov- ernment or by the competent lower authorities. Art. 27. It shall remain reserved for special regulations as to how far other classes of inhabitants who are bound together by a common 1 Article 23 repealed by law of August 0, 1899 ; likewise article 33, par. 3, and article 84. 92975—19 24 370 CONSTITUTIONS OF THE GERMAN STATES. interest shall be granted corporate rights (except the common repre- sentation in suits at law), which they do not already possess. Art. 28. Subjects shall not be forbidden to form societies for purposes which are not fer se unlawful; but the right of per- sonality, the ability to acquire property in the name of the society, to use a seal, and to establish statutes, shall be obtained by them only with the consent of the State. Section IV. — Of Churches and Charitable Institutions, Art. 29. The Evangelical Church shall be the State Church and, when its endowments are in any way insufficient, it shall be main- tained from the State incomes. But all other churches shall enjoy the protection of the State and perfect freedom of conscience, in so far as they act in accordance with the laws and ordnances of the State. No pretended religious opinion may release one from the obligations toward the State. Art. 30. No church decree may be promulgated and carried into effect without the previous knowledge of the Sovereign and without his consent. Art. 31. The State shall watch over the training, calling, and official administration of all clergymen and other church officials, but without interfering in the internal affairs of the Church further than is necessary for this purpose. Complaints concerning the servants of the Church, when their subject concerns merely the clerical office, shall belong before the church authorities; before the State civil authorities, however, when complaint is made concerning the viola- tion of clerical authority. Art. 32.^ The right of the State, founded in the constitution of the Evangelical Church, in the direction, the calling, or the confirma- tion of the servants of the Church, and the dispensation from church prohibitions in marriage affairs, likewise in the administration of church property, shall only be exercised or prepared for the decision of the Sovereign by a board which shall consist of both lay and clerical councillors. Art. 33.2 'pj^g endowment of the churches and schools shall not be withdrawn from the same so long as church and school exist. The 1 Article 32 modified by article 27 of the parish and synodal regulation of .January 4, 1876 : " Wherever up to the present the commune or Its representatives (committee, commune council, magistrate) has been granted the advowson for a clerical position, the vestry or the combined authorities shall elect the pastor from the number of candidates and preachers who are eligible according to the regulations. otherwise the filling of the church positions, their endowment, and the establishment of a central church treasury shall after the Introduction of this regulation be determined by special laws, and up to then the present method of filling church positions shall be in force." « Article 33, par. 3, repealed ; cf. note to article 23. CONSTITUTION OF SAXE-MEININGEN. 371 property of disbanded churches, schools, and other pious institutions may, however, be drawn into a common church and school fund. This shall also be done when through especial circumstances the wealth of a single church or school has grown in such a way that it disproportionately surpasses the needs of the same, by likewise taking the surplus of the yearly revenues for the common church and school fund, and should this be sufficiently equipped, the same may be devoted to other purposes and institutions for the public good. The same shall hold good of the endowment of almshouses and hospitals, infirmaries, and other foundations whose purpose has ceased or which are superfluously provided for. Art. 34.^ Art. 35. Churches, schools, and other institutions may make new acquisitions of landed property and real estate only with the consent of the Government. Bequests and gifts in favor of a pious institu- tion shall not need any previous governmental consent for their legality. Art. 36. The other affairs of the churches shall be determined by special regulations. Section V. — Of the State Property^ Crown Lands^ and Privy Pv/rse.'^ Art. 37. The State property shall comprise the sum total of those means from which the general needs of the country and the State are met, as well as everything which is permanently devoted to com- mon use and benefit. The contributions of subjects (the taxable property of the same), which shall be levied by constitutional methods for the purposes of the State, shall constitute the greatest part of the property of the State. The surplus and savings in the administration of State prop- erty shall belong to the State, and may not be appropriated to the domains and still less to the privy purse. Art. 38. The domain property in buildings, crown lands, forests, landed possessions, seigniorial tithes, ground rents, rents, and other incomes and privileges proceeding from the seigniorial right, shall be the property of the Ducal House and intended primarily to meet the costs of the Court and of the mainteannce of the ducal family. On the other hand the direct and indirect taxes now accruing to the domain treasury, as well as all imposts to be granted in the future, likewise the incomes from regalia and the incomes ensuing 1 Article 34 repealed ; cf. note to article 23. 2 Cf. for the provisions of this section the law concerning the domain property of July 20, 1871 ; the law of July 9, 1879, concerning the administration of the incomes and expenditures of the Duchy and the authority of the board of revision ; the law of April 27, 1831, concerning the simplifying of the State budget, and the law of March 26, 1889, eonceming the acquisition and sale of certain parts of the State property. 372 CONSTITUTIONS OF THE GERMAN STATES. from the exercise of the sovereign power, especially also highway and road tolls, taxes paid for protection, and all performances on be- half of military affairs, shall be assigned to the State treasury against Ihe proportionate assumption of the costs of the State administration and of temporary burdens now resting upon the domain treasury. A detailed list shall be drawn up concerning the constituent parts of the domain property and likewise concerning the funds and bur- dens to be attributed to the State treasury, and after being agreed upon the same shall be considered an integral part of this funda- mental law. Surpluses in the domain treasury shall be at the free disposition of the Duke, and may be added to the privy purse, w^henever no extra appropriations have been advanced to the domain treasury by the State treasury and when circumstances or urgent needs of the country do not make advisable the use of the same for the welfare of the country. Art. 39. The privy purse shall consist of that which the ruling Duke receives from the State and domain treasuries for his personal use and what remains over therefrom, from the savings of the domain treasury expressly allotted thereto, and whatever else he may acquire through inheritance, legacies, or in any other manner. Reverting feudal tenures may also be added to the privy purse, and only the fiefs together with the revenues proceeding there- from shall belong to the domain property and to the entailed fund of the Ducal House. Art. 40. A list of those objects and collections shall forthAvith be made which shall be considered as State property. Art. 41. All ducal castles together with the inventory therein shall belong to the domain property; but it shall be imderstood that the inventories shall only be considered as a whole, as ap- purtenances of the castles, and that any change therein in detail shall depend entirely upon the judgement of the Sovereign. But allodial claims shall never be made on their account against the present or future ruling Dukes from the present Ducal House. Art. 42. The entire taxable property of subjects shall be security for national debts assumed with the consent of the Estates. The present debts of the various provinces shall for the purposes of administration be contracted into a common national debt, and the interest paid and liquidation made from a common sinking fund. New national debts, i. e.. such whereby the sum total of those ex- isting is increased or whereby the continuous liquidation required by the Constitution is neutralized, shall be invalid and non-binding without the express consent of the Estates, and only those shall be personally responsible therefor who have made such loans and have CONSTITUTION OF SAXE-MEININGEN. 373 signed the notes, as the statute concerning the sinking fund will state in detail. No new loan shall be made without the establishment, together with the annual interest, of a sinking fund whereby the principal shall be paid off in at the most 50 years. Art. 43. The incomes of the domain property shall for all time be security for the domain debts assumed according to the Consti- tution. New debts, i. e., such whereby the sum total of the same is in- creased, may not be made without the express consent of the Estates, and shall simply not be binding on the successor to the throne even if he is a son of his predecessor. Only the private estate of his predecessor shall be security for the same, and those officials who signed the notes shall be personally responsible therefor. The Estates shall, however, be obliged to give their consent : (a) When the debts are contracted for the acquisition of new domain property, to the half of the purchase price ; (h) To a sum to be determined by circumstances at the marriage of the Sovereign, the princes, and the ducal princesses; (c) To the restoration of the ducal residential castle in case of accident to the same. In the case of each new debt the annual interest and a sinking fund for at the most 50 years shall be established. Art. 44. The promissory notes issued with full observance of all formalities, which shall be determined in special laws (concerning the sinking fund), shall, however, afford to creditors full security and legal validity against the State and domain treasuries, and, if irregu- larities shall have occurred, the latter shall have the right of redress against the guilty officials. Art. 45. The substance of the domain property shall not be diminished by any kind of alienation, sale, gift, burdening with rents, and the like, and the consent of the Estates shall be necessary for the legal validity of such an alienation, despite the agnatic con- sent. The domain administration shall indeed not be prevented from disposing of single parts and privileges of a domain estate, as of smaller strips of forest, hunting and forest privileges, by sale, exchange, compromise, and any other manner; nor from having rents, tithes, services, and privileges discharged. The sum received there- for, however, in so far as it in the nature of the transaction does not accrue per se to the immovables of the domain property, shall never be added to the current incomes and expenditures of the domain treasury but shall be reserved for the sinking funds and be continued in the same as an interest-bearing asset of the domain property. 374 CONSTITUTIONS OF THE GEEMAN STATES. Art. 46. The privy purse shall be at the unlimited disposal of the Sovereign and shall be judged according to the principles of civil law. Only the privy purse shall be liable for the private debts of the Sovereign, and his successor shall be bound to pay such only in so far as the privy purse may cover the same. The privy purse alone may lawfully be disposed of by bills, gifts, and legacies. Art. 47. The incomes of the State property shall form the State treasury from which all real expenses of the State shall be met. The treasury shall be administrated by a treasurer, chosen by the Estates and confirmed by the Sovereign, under the authority and supervision of the Ministry and the cooperation of the Estates. The moneys which shall be spent for the various branches of the State administration shall upon motion of the Ministry be granted annually (or according to circumstances for several years) by the Estates, and the mode of raising the same shall be determined with the approval of the Sovereign. The accounts shall be laid before the Estates annually and be audited by them through their committee with the cooperation of the chamber of accounts and justified by their approval (definitely at one session of the legislation). Neither the Estates nor the Ministry shall have the right arbi- traily to authorize expenditures from the State treasury other than those in accordance with the budget. Art. 48. The domain property shall be administrated by a board appointed by the Sovereign under the supervision of the Ministry, and the treasury by a special treasurer. The budget for the domain administration shall be drawn up by the domain authorities, and the treasury budget made by the Cham- ber of Accounts and determined by the Sovereign. The annual ac- counts shall be audited by the Chamber of Accounts and their ap- proval decided upon by the Sovereign. But proof must be given to the Estates from legislature to legislature that neither the sub- stance of the domain property as a whole has been diminished (with exception of cases determined in article 45, and with the right re- served for a proposal for the supplementing of immovables), nor the same burdened with new debts, but that rather the liquidation of debts is being continued in accordance with the Constitution. Section VI. — Of the Estates. CHAPTER 1. GENERAL PROVISIONS. Art. 49. In order to represent the rights and privileges of the people which belong to them as a whole in their relations to the Gov- ernment, and in order to help to maintain the course of the whole CONSTITUTION OF SAXE-MEININGEN. 375 State administration always in its lawful path, especially also to assure that regularity in the detennining and levying of the needs of the State and in the treatment of the State and domain property which the w^elfare both of the Ducal House and of the country de- mands, and in order not only to be able to use the advice and agree- ment of a larger number of experienced men in the case of legal pro- visions w^hich concern the Constitution or other rights of citizens, but also always to be able to give to all the conviction that the Gov- ernment always has in view only the best interests of subjects and the maintenance of a moral and lawful order, — representatives of the country shall in the future be chosen who shall fulfil the duties dictated by these purposes, partly in full assembly and partly through their officials. Art. 50.1 Art. 51. They shall be summoned regularly every three years, and besides so often as it is necessar}^, to Meiningen or some other place. Their assembly may be closed at any time by the Sovereign. Without summons from the Sovereign not only shall all decisions of an arbitrary assembly be simply null and void, but trial and punishment may be instituted against the participants in such an assembly. Art. 52. The Sovereign shall also have the right to dissolve the Estates at his discretion and to order new elections. The proclamation of new elections shall immediately follow the dissolution of the previous Estates. Art. 53. The officials of the Estates, partly for the direction and management of business during the assembly, partly for the observa- tion of the obligations and privileges of the Estates during a recess, shall be: (1) the State marshal,- (2) two national chairmen,^ (3) a syndic, (4) a treasurer with the necessary assistants. They shall have a national clerk and a clerk's messenger. Art. 54. The State marshal shall be chosen by the Estates at the beginning of the legislature from the class of the landed nobility by a simple majority vote and confirmed by the Sovereign if there is no objection to be made against the one chosen. He shall hold office as a rule for six years or so long as the Estates exist which elected him. At the expiration of these six years or after the dissolution of the Estates Assembly he shall continue to perform the duties of his office temporarily until the next legislature. The retiring State marshal shall be eligible for reelection. When he retires or in case of his inability, the first chairman shall take his place. ■• \rticle 50 repealed by the suffrage law of June 3, 1848, article 24 ; likewise articles 63-79. 2 They have been called president and vice-presidents since the standing rules and orders of the legislattire of April 23, 1868, article 4. 376 CONSTITUTIONS OF THE GERMAN STATES. It shall not be necessary for him to live in the city of Meiningen, but he shall reside there every year for one month in order to be present at the auditing of the accounts, and he shall be obliged to appear there whenever the Sovereign shall demand it or whenever the two chairmen shall propose his being present temporarily at some emergency. Art. 55. The two chairmen shall likewise be chosen by the Estates from their midst, without their being restricted to any one class, at the beginning of the legislature for the same period as the State marshal, and shall be confirmed by the Sovereign. They shall also perform the duties of their office upon dissolution of the Estates Assembly until the next legislature and shall be eligible for reelection. One of them shall live in the city of Meiningen as officiating chair- man, the other, however, shall appear there upon demand of the State marshal or of the officiating chairman, likewise at the latter's retirement, if he does not already reside in Meiningen. These chairmen, together with the State marshal, shall form the National Directory, and the State marshal may act in national affairs only with the cooperation of a chairman ; they shall all be responsible to the Estates for the constitutional fulfilment of their duties. A completion of the Directory shall be necessary between two legisla- tures only — (a) when two members of the same have resigned, or (b) when the officiating chairman has resigned and can not be re- placed by the other. The election of a temporary chairman until the next legislature shall then take place through written votes of the Estates. Art, 56. The especial duties and prerogatives of the State marshal shall be : (a) Always to keep the thread of all national affairs, to represent the Estates Assembly and its rights on all occasions, and to prevent any unconstitutional acts. When he is in the city of Meiningen he shall have the privilege of attending the meetings of the State tax commission and the sinking funds commission, and the chairmen shall be obliged, in a form to be designated below, to give him regular information concerning the operations of the sinking funds and the administration of the State treasury. He shall have the right to enter protest against resolutions and decrees which are contrary to the Constitution and the rights of the Estates, and to report the same to the Sovereign. When circumstances demand it, he may propose the summoning of a special legislature, with presentation of the reasons thereof. The accounts of the State treasury shall be investigated by him, after they have already been audited by the Chamber of Accounts, CONSTITUTION OF SAXE-MEININGEN. 377 with the cooperation of the two chairmen and the committee to be designated below, and provisionally closed until the legislature has given its decision. (h) He shall prepare the business of the legislature, for which the necessary information and explanations shall be given to him m time by the Ministry. (olitlon of feudalism of November 30, 1878. 2 Am<>ndm(M)t of nrticlo 14. number (>, by law of July 4. 1S7!>. * ' CONSTITUTION OF SCHAUMBUKG-LIPPE. 399 Art. 20. Each member of the Diet shall receive tAvo thalers US daily alloATance for every day he shall be present at the place of the Diet, and, if not residing at such place, two thalers for the day of his arrival and two for that of his departure. No special com- pensation for traveling expenses will be granted. During an adjournment the daily allowances continue to be paid to those members only who, being engaged in official business, remam at the place of the Diet. Art. 21. The period of legislature shall last six years, after the expiration of which new elections shall be held. Art. 22. All delegates shall lose their qualifications as such before the expiration of the period of legislation 1. if they lose their qualification prescribed by the election law for their eligibility, and those delegates who already have been elected, 2. on account of their appointment to a Government position or on account of their promotion in the service of the State, and 3. through an eventual dissolution of the Diet by the Sov- ereign. In the cases mentioned under 2 and 3 the former delegates remain eligible. Art. 23.^ In each year, as a rule at the beginning of the month of February, a regular Diet shall be held. The calling of eventual ex- t raordinary Diets is effected through a special order of the Sovereign. An ordei- of the Sovereign shall fix the time and place of the meet- ing. The matter of opening and closing the Diet shall be attended to by the Sovereign, either personally or through an authorized person. Art. 24. The Diet shall examine the legitimacy of its members on the basis of the election records to be submitted in full by the Gov- ernment, and its decision in regard to them shall be final. It regu- lates its routine of business by its standing orders, which are to be established in connection with the provisions of this constitutional laAv. The Diet sliall elect its president, his substitute, and its clerk. The latter need not be a member of the Diet, but must possess the general qualifications of an elector, as required by the election law, and in such case shall receive an adequate compensation to be paid by the treasury. Art. 25. The Diet Commissaries, as well as the members of the State administration, are entitled to be present at all sessions of the Diet and of any Committee, and must be heard at all times. 1 In connection Avitli article 23 compare the law of December 24, 1877, which stipulates that the Diet shall assemble in February and not in November. 400 CONSTITUTIONS OF THE GERMAN STATES. Art. 26. The sessions of the Diet are, as a rule, public ; by way of exception publicity may be excluded for certain matters under dis- cussion, upon request of a commissary of the Government or of a member of the Diet, through resolution of the Diet. The discussion and vote in regard to a motion dealing with the ex- clusion of publicity always must take place in secret session. Information given by the Government which is to be considered confidential must be received and treated in private. Art. 27. The Diet shall be competent to transact business only when two-thirds of its legal members are present. Resolutions shall be passed by absolute plurality of votes of the members present, ex- cept where the Constitution provides otherwise. Art. 28. The Diet, while in session, has the right of adjournment for two weeks, leaving behind one or more committees charged wHh the preliminary discussion of certain specific matters. Adjournments for a period exceeding two weeks require the con- sent of the Sovereign. The Sovereign, on his part, has the right to adjourn the Diet, but during a regular session of the same adjournments shall not exceed ihe total duration of sixty days. Art. 29. In case of a dissolution of the Diet, new elections shall be ordered not later than within the following four months, and the newly elected Diet shall be ordered to assemble not later than within the two months immediately following. Art. 30. The Diet has the right of decisive cooperation in all acts of legislation ; it also has the right to propose laws. Ordinances for the purpose of carrying out existing laws do not require the cooperation of the Diet. Art. 31. In urgent cases, provided the Diet is not in session, legal orders with binding force ma}^ be issued as provisional laws without the consent of the Diet. But such laws require the subse- quent sanction of the next Diet. The stipulations of this Constitution can not even temporarily be set aside by contrary dispositions of the Government. Art. 32. At the publication of a law the introductory clause must make mention of the fact that such law has been sanctioned by the Diet. In the case of provisional laws necessitated for reasons stated in article 31, a reference to this article in the introductory clause shall take the place of such mention. The examination of the validity of a law or provisional law which has been properly announced is not to be made by the administration, but only by the Diet. CONSTITUTION OF SCHAUMBURG-LIPPE. 401 Art. 33. The Diet has the right of coopemtion in the establish- ment of the budget and the right of control in the administration of the finances of the country. Art. 34. The Government shall every year in time submit to the Diet for examination and sanction a previous computation of all re- ceipts and expenditures for the coming year. Art. 35. In this preliminary computation taxes fixed by law and any other permanent revenues of the treasurj^ are not subject to a yearly grant and therefore continue to be levied even in case the establishment of a budget law should not be achieved. New taxes as well as the continued levy of taxes granted for a certain time only, and the raising or changing of existing taxes re- quire, before being ordered, the consent of the Diet, and such consent shall be mentioned in the order issued for their imposition. Art. 3G. Those of the expenses of the treasury mentioned in the preliminary computation which result from the relation of the Prin- cipality to the North German Confederation, or are based upon per- manent legal obligations of the fisc, or upon permanent grants of the Diet, are not affected by the right of the Diet to grant the yearly expenditures, in as much as the continued payment of these expenses is allowed even in case the establishment of a budget law should not be achieved, but the means necessary for an administration corre- sponding to the requirements of the Constitution can not be refused, and such grant of the necessary means can not be made subject to certain conditions or premises which do not refer to the purpose or appropriation of the same, or to the degree of their necessity, or to the amount of the taxes, duties, and imposts in question, and to the manner of allotting and levying them, or to the period of their dura- tion. In regard to the sums to be appropriated for the administration of the country their present amount shall serve as a standard, until new^ budget laws have been agreed upon with the Diet. All other expenses must be defrayed only in accordance with the yearly preliminary computation accepted by the Diet, whereby the application of sums granted for a certain item of the expenses to other such items is positively forbidden. Art. 37. The yearly preliminary financial computation, after hav- ing been sanctioned by the Diet, is to be published in the form and with the force of a law. Art. 38. Expenditures in excess of the budget require the sub- sequent grant on the part of the Diet. An extraordinary need of considerable amounts, occuring unexpectedly, is to be supplied by an. extraordinary budget, subject to a previous grant by the Diet. 92975—19 26 402 CONSTITUTIONS OF THE GEEMAN STATES. Art. 39. If a deficit should occur in the treasury, caused by n loss in the estimated receipts, the Diet has to take measures for the removal of the same in the next year's budget, and to this effect shall receive proper suggestions from the Government. Airr. 40. Loans burdening the treasury, or any other guarantees to be assumed by it, in order to be valid, require the consent of the Diet, but the Government shall be at liberty to make arrange- ments in regard to necessary advance payments, in order to meet its obligations in accordance with the budget, whenever the needed funds shall not be available. Art. 41. At the end of each fiscal year the accounts and vouchers of the treasury and its eventual branch establishments shall be sub- mitted tt> the Diet for examination and review. Art. 42. The Diet has the right of remonstration or complaint to the Government, eventually to the Sovereign, concerning abuses which it may have noticed in the administration. The Diet has the right of communicating with the Government concerning petitions of corporations or private persons which are presented to them. Art. 43. The Diet has the right of accusation against the re- sponsible members of the administration in accordance with the law of January 2, 1849, dealing with such cases. The resolution to make such an accusation implies that there is a quorum in the Diet and that three-fourths of the members present voted in favor of the accusation. Title IV. — Concerning the Diet Committee. Art. 44. For the time intervening between one period of sessions of the Diet and the other, there shall exist a Diet Committee of three members, which, however, shall exercise those powers only which are granted to them in articles 45 and 46. At each regular Diet this committee has to be elected from the number of the members of the Diet; the election shall be by ballot and according to the relative plurality of votes; one member, how- ever, shall beljong to one of the subdivisions mentioned in article 14, numbers 1, 2, 3, and 4. Its tenure of office extends even beyond the eventual end of a period of legislature, or beyond an eventual 'dissolution of the Diet, up to the time when a new election of the committee has been completed. If, during the tenure of the committee, single members of the same should withdraw, the said committee — provided no Diet is assem- bled — shall complete its number by means of elections from the members of that Diet from which they themselves have proceeded, and in doing so shall observe what has been mentioned above in this article concerning the formation of the committee. CONSTITUTION OF SCHAUMBURG-LIPPE. 403 Art. 45. During the time intervening between one Diet and the other the Diet Committee shall attend to the keeping of the archives of the Diet and of the seal of the Diet. Art. 46. In the case of a supposed violation of the Constitution, (he, Diet Committee shall be entitled to request the Government to lemedy matters. If the regular Diet should not be called together at the proper time, or if, after the dissolution of a Diet, the ordering of new elections or the reassembling of the newl}^ elected Diet should be delayed be- yond the time set by the Constitution, or if an adjournment should be extended beyond the prescribed time, the committee is entitled, niter a previous request addressed to the Government, to lodge a com- plaint in regard thereto with the organs of the North German Con- federation. Avliich are cx)mpetent, according to th^ Federal Consti- tution. Art. 47. Upon the request of one of its members the committee 5hall assemble at Biickeburg, and due notice thereof shall be given vo the Government. The committee shall form resolutions according to the majority of votes. The members of the committee as such receive no daily allowance. Title V. — Concerning the Finances of the Country. Art. 48. The finances of the country shall be newly arranged, with a separation of the State budget from the accounts of the domains. Art. 49. The goods and chattels belonging to the domains, and the privileges to wfiich it is entitled, especially estates, separate par- cels of land, forests, rivers and waters, revenues from fiefs, estates, and from other sources, or their equivalents, respectively, castles and other buildings, furthermore that part of the entire coal mines of Schaumburg which l)elongs to this State, form the indivisible and in substance inalienable entail of the Princely House ruling at present, the possession and enjoyment of which belongs for the time being to its head. Art. 50. The funds of the domains, as far as they represent the revenues derived from the goods and chattels mentioned in the pre- ceding article, shall in the first place be used to defray the expenses of the entire domain administration, furthermore, the entire expen- diture for the Princely House and the Princely Court, including the appanages for the princes and princesses of the House, the portions for the latter, as well as the dowry for the widowed consorts of the Sovereign and of the princes. Art. 51. Besides the assignment of the receipts mentioned in article 59 B, amounting to about 20,000 thalers, a contribution 404 CONSTITUnONS OF THE GERMAN STATES. shall be made from the funds of the domains* to the expendi- tures of the administration of the Principality, as long as the latter -shall be ruled as an independent State by the Princely House i-uling the same at present ; the said contribution to consist of the following items : 1. Of a fixed sum of 36,000 thalers to be paid into the treasury of the State; 2. Of the fifth part of the yearly share of the Princely House in the net earnings derived from the entire coal mines of Schaumburg: 24,000 thalers in the year 1868; 3. Of an additional yearly sum the amount of which shall always equal the third part of that amount which is to be levied by the Principality for the benefit of the North German Con- federation, — after deduction {Ahfiihrung) of the receipts out- lined in article TO of the Constitution of the North German Con- federation, — by means of direct taxation (matricular contribu- tion, Federal tax) , but this third part shall not exceed the amount of 10,000 thalers. The accounts of the domains will be credited in favor of this con- tribution with the amount of those taxes which, in case of Federal taxes being levied, are to be imposed directly upon the goods and chattels of the domains mentioned in article 49. Furtherniore, the claim to the amounts of indemnification to be paid to the administration of the Princely funds from the funds of indirect taxation is given up in favor of the State treasury. All payments, on the other hand, which so far had to be made from the funds of the domains for purposes of the State, are now eliminated. In the same manner all claims and demands of the ad- ministration of the domains upon the State treasury, resulting from past agreements, and vice versa, as far as they do not consist of docu- mentary obligations, especially all such claims which have been made or might be made by the body assembled for the purpose of agreeing upon the Constitution in regard to a participation of the State treasury in the earnings of the railroad built across the State at the private expense of the Prince, shall be considered as mutually adjusted. Art. 52. If in the interior administration of the countrv a chanae should occur to the effect that one or more branches thereof be trans- ferred to the North German Confederation, the fixed amount of con- tribution mentioned in article 51, line 1, shall be reduced by one- third of that amount which is mentioned for this purpose in the budget for 1868 annexed as Appendix B to the proposition of the Government of June 17, 1867, concerning the general law of taxation. Art. 53. The contribution to be paid from the earnings of the coal .CONSTITUTION OF SCHAUMBURG-LIPPE. 405 mines shall be calculated each year for the coming fiscal year accord- ing to the income of the coal mines during the business year just past. Art. 54. For the purpose of ascertaining the contribution from the entire coal mines, the Government shall be at liberty to take cogni- zance of the original accounts. A certified proof of such calculation shall every year be submitted to the Diet. Art. 55. The transfer of the contributions stipulated in article 51. numbers 1, 2, and 3, from the funds of the domains to the State treasury shall be made in quarterly payments at the beginning of each quarter of the respective fiscal year, and such quarterly pay- ments of contributions mentioned under numbers 2 and 3 shall be made on the basis of the preliminary computation, reserving a final settlement at the end of the respective fiscal year. Art. 56. The buildings and localities used up to the present as of- fices of the administration, including the places of detention for prisoners, shall until further notice continue to be occupied by the administration.. In case the Sovereign should wish to dispose other- wise in regard to these buildings and localities, a compensation, to be agreed upon between the Government and the administration of the Princely funds and to correspond to the value of use of the localities the occupation of which had been granted so far, shall be paid from the Princely funds and shall be added to the fixed sum mentioned in article 51. Repairs necessary on the inside and outside of the buildings in question shall be paid for from the funds of the Prince and an account shall every year be presented by the administration of the Princely funds to the Government for the purpose of having the same charged to the State treasury. The furnishings now extant in the buildings in question become the property of the treasury, and the latter shall have to look after any addition to the same that might perhaps become necessary. The expenses incurred by reason of new structures which may become necessary in the place of the buildings mentioned at the beginning of this article shall be at the charge of the treasury. The prison at Biickeburg as well as the toll-houses existing on the highways of the country, together with their dependencies, shall become the property of the treasury. Art. 57. As long as the payments stipulated in article 51 are made neither the domains nor the railroad mentioned in the said article shall be required to pay any direct State tax. Landed property, however, acquired by the Prince and added to his possessions so far or yet to be acquired, which, up to the pres- ent, has been subject to contributions to the Federal tax of the nobility or to other contributions, remains subject to the general 406 coNsnTurroNS of the German states. land-tax, and establishments of an industrial character which per- haps might later be erected at the private expense of the Prince, remain subject to the existing tax paid by the trades, whatever this may amount to. Already existing establishments shull be obliged to pay trade- taxes only as far as they have been paying such taxes up to the present time. Art. 58. Beginning with the expiration of the third full month after the publication of the Constitution, the entire administration of finances of the country shall be united into one State treasurv controlled by a responsible administration of the Government of the country. Art. 59. The following items are assigned to the treasury as in- come: A. The contributions from the funds of the Prince stipulated in article 51, numbers 1 to 3 ; B. All revenues of the State which so far have been added to the Princely funds, especially the so-called general contribution, the stamp duty, the share of the Principality in the toll levied on the Weser river, the fees paid for concessions, all revenues from the departments of jurisdiction and administration and all fines, furthermore all possessions which may be acquired on the strength of fiscal right, the revenues from the postal and tele- graph service, as far as the latter have riot to be turned over to the Federal treasury, the income from the privilege of the mint and from the sequestrated property of the Church ; C. All other direct and indirect taxes which may have been established by law or may be imposed in the future, the latter only as far as they have not to be assigned to the Federal treas- ury; furthermore the so-called Scheffelschatzg elder ^ the income from the highways and country roads, finally all funds of all hitherto existing main and secondary receivers' offices of the country, especially those of the office of indirect taxation, of the supervision of the salt trade, of the repartition of taxes, of the army invalids and of the lunatics. Art. 60. Until further regulation by law of the taxes for the con- struction of highways the receiver's office for the construction of highways, and likewise, for the time being, the receiver's office for the administration of the asylums, shall continue to exist separately as branches of the State treasury, and, until further arrangements have been made, their receipts up to date shall be left to them and shall be used by them according to a special budget to be submitted to the Diet. Art. 61. The following expenditures are, in the future, to be charged to the treasury : GONSTirUTION OF SOHAUMBUEG-LIPPE. 407 A. The contributions to the dotal gifts for the princesses of the Princely House, in accordance with the Constitution of the country ; B. All expenses created by the relation to the North German Confederation, as far as they are not already covered by the receipts reserved for the Federal treasury ; C. The expenditures for the entire administration of the country, including the subsidies granted by the State for pur- poses of the churches and schools, as well as the indemnifica- tions conceded to the cities and towns or to their parish chests, respectively, for abolished tolls or for the removal of exemption from taxation, as long as such indemnifications have not been removed by law or have not been otherwise adjusted; D. The payment of interest on capitals lent to the former department of inland revenues, and the repayment ' of these capitals ; likewise the payment of interest on the future debts of the State, and their repayment. Title VI. — Concerning public service. Art. 62. Appointments to a State office or promotions in such are made by the Sovereign. Art. 63. All public functionaries are bound to be loyal to the Prince, and are responsible to him for the fulfilment of their official duties. If an officer, of the State has acted by order of higher authorities, the responsibility devolves upon the latter alone. The conditions upon which officers of the State may be legally prosecuted on account of violations of the law perpetrated through transgression of their powers are fixed by law. The previous con- sent of the higher authorities to such prosecution shall not be required. Art. 64. In case discharges from service become necessary on ac- count of changes in the offices of administration, the official whose activity is thereby suspended shall be entitled to a compensation in proportion to his former position. Details in regard to this matter shall be regulated by law. In case of transfer from one office to an- other, the official shall have a claim to the same salary drawn and the same rank occupied as heretofore. Art. 65. Officials who are prevented by old age or by other defects from fulfilling their official duties shall be pensioned off. Art. 66. An official of the State occupying the position of judge can neither be removed nor discharged from his judicial office with- out a court decision, nor can he be transferred against his will to a less lucrative position in the department of administration, nor be 408 CONSTITUTIONS OF THE GERMAN STATES. suspended and deprived of his salary, without prejudice however to the stipulations of article 64, which, in the case of changes in the orcfanization of Courts or their districts, shall also apply to judiciary officials. A civil service law, yet to be issued, shall grant proper protection against arbitrary removal from office and deprivation of salary to those State officials who do not belong to the bench. In the meantime the existing regulations shall remain in force. Other legal matters concerning State officials, especially their claim to a pension for themselves and their survivors, shall be regu- lated by such civil service law. Title VII. — General regulations and^ regulations of transition. Art. 67. The legislation of the country will, in the near future, undergo a revision. Art. 68. The communalities of towns and country districts shall be newly organized, and they shall be subject to separate regulations on the basis of independent administration of communality matters and of a free election of local boards and representatives, without prejudice, however, to tlie right of confirmation of the Sovereign in regard, to those officials who at the same time are discharging the duties of State officials. Art. 69. In judicial affairs the principles of separation of the ju- diciary from the administration shall be carried out, proceedings shall be public and oral, the indictment in criminal cases shall be introduced, and, in the case of heinous crimes, the trial by jury. Privileged courts shall in the future not exist — without prejudice to the right of unrestricted (autonomlsch) choice of courts for the members of the Princely House, to the higher courts granted to the higher nobility, and to the military courts. The office of the court-martial shall not be affected by the fore- going regulations. Criminal matters of the police department shall, as a rule, be at- tended to by the lower courts. Art. 70. Landed property shall be" freed from all tributes and services resulting from obligations to the landlord or from other circumstances, and the party entitled to such shall be indemnified, and every kind of servitude shall therewith be abolished. Details will be given by law. Art. 71. The system of hereditary tenement, too, shall be done away with upon payment of an indemnification to be fixed by law, and shall be converted into full possession. Art. 72. The legislation of the country shall be based on the prin- ciple that every owner of landed property, after he has fully paid for CONSTITUTION OF SCHAXJMBURG-LIPPE. 409 all services attached to his property, shall have the right of unre- stricted disposition thereof, inter vivos as well as in his last will. The legal establishment, however, of a restriction preventing the -complete dismemberment of an estate hitherto forming one whole, shall not be excluded. Art. 78. All servitudes of pasturing, grazing, and fattening (cat- tle) attached to other people's land shall be redeemed through com- pensations, the amount of which is to be fixed by law ; the separation of property held in common, as well as the uniting of different parcels of land, shall likewise be regulated by law. Art. 74. The right of hunting on other people's property shall become redeemable on payment of an adequate compensation to those hitherto entitled to such hunting. The conditions of redemption and the regulations concerning the practice of hunting, as well as sepa- rate stipulations in regard to hunting on lands enclosed within forests, are reserved for future legislation. Art. 75. The application of the principles designated above to the legislation of the country shall be hastened as much as possible, in particular the regulations for the communalities, as well as a hunt- ing-law, a law dealing with the exoneration of landed property, and a law concerning the hereditary transmission and the sale of lands hitherto owned by peasants, shall be submitted to the regular Diet which is to assemble in the year 1869. Art. 76. Changes, additions or authentic explanations of this Con- stitution require not only the consent of the Sovereign, but also two separate resolutions of the Diet, with an interval of at least eight <:lays between them, and each time with a vote of consent of two- thirds of the members who must be present in a quorum. Art. 77. The present Constitution shall come into force on the day when it is publicly announced. The effectuation of the separation of accounts prescribed therein shall however take place only at the time stipulated in article 58 for the establishment of the general treasury of the State. Up to this time contributions to the expenses of the country- from the private funds of the Prince shall be made in the customary man- ner, but the extraordinary expenditures necessitated by the reforma- tion of the military shall be at the charge of the future treasury of the State. Obligations or claims resulting from the connection with the former German Confederation (Bund), and still existing for the Principality, shall be charged or credited respectively to the future treasury exclusively. The Prince shall be liable with his private funds for the results *of suits which may have been filed against the officium fisci. 410 CONSTITUTIONS OF THE GERMAN STATES. Art. 78. Until the discharge of the next (first) budget-law, new permanent obligations shall not be imposed to the treasury by the Government. Art. 79. The salaries and pensions of public functionaries, or their widows and children respectively, which are to be taken over by the future treasury of the State and alreadv have been granted, shall be entered into a register which is to be deposited with the archives of the Diet. Art. 80. At the day of publication of this Constitution are abrogated : 1. The Ordinance of January 15, 1816, concerning the Estates of Schaumburg. 2. The decision of the Diet of March 18-29, 1818. 3. The Ordinance of March 17, 1848, concerning the further development of the institution of the Estates. 4. The hiAv of July 7, 1848, concerning the publicity of the sessions of the Diet. 5. The law of July 8, 1848, concerning the participation of the members. of the administration and of other authorized State officials in the sessions of the Diet. Given at Wildbad. November 17, 1868. [i.s.l ADOLPH GEOIKJ. Countersigned: von Laukr. SCHWARZBURG-RUDOLSTADT.i CONSTITUTION OF MARCH 21, 1854. [Preamble.] We, Friedrich Giinther, by the grace of God, Prince of Schwarz- burg, etc. : In order more precisely to define the constitutional relations of the Principality, hereby, at the request of our Ministry and with the advice and consent of our faithful Estates General, ordain as follows : Title I. In regard to the princes.'^ Section 1. The Prince is the Sovereign and supreme head of the State. All the power of the State is united in him and in him alone. In the exercise of specific rights the Prince is, within the terms of this law, beholden to the cooperation of the Estates General. Sec. 2. The person of the Prince is sacred and inviolate. He is above all external personal responsibility. Title II. Concerning the subjects of the State. Sec. 3. The conditions for the acquisition or loss of the status as subject of the country, as well as the rights and powders belonging to the subjects of the State, are determined by separate laws. * Translation by Aloysius Wenger based on the text as found in Stoerk-Rauchhaupt, pp. 4C)2-469. 2 To insure the order of succession the following law was passed on June 1, 1896: Article 1. In the event of our decease without leaving any male issue, the following are called to the succession to the throne of our Prinicpality and to the family estate and entailed property (crown lands) of the Princely House of Schwarzburg-Rudolstadt : (a) In virtue of the mutual agreement executed on April 21, 1896, by the paternal rela- tives of the Princely House of Schwarzburg, Prince Sizzo von Leutenberg, son of the late Prince Friedrich Gttnther, of Schwarzburg-Rudolstadt, and his consort Helen, Countesa of Reina, Princess of Anhalt, as well as the male descendants of legitimate birth, issue of a union contracted with our sanction between persons of equal rank ; in default of these, (5) The male relatives of the Princely House of Schwarzburg-Sondershausen, in conformity to and in virtue of the princely family pact of September 7, 1713. The suc- cession is governed by the right of primogeniture jind the Uneal order. Art. 2. After the total extinction of the male line in the entire princely house of Schwarzburg the Qovernment passes to the female line without distinction of sex and in such manner that the next of kin to the last Reigning Prince takes precedence, and the oldest where the degree of relationship is the same. This applies as well between several branches as within one and the same branch. However, female members of the Princely House who are or wei*e married to persons of unequal rank remain excluded from succession to the throne. Among the descendants of tlose called to the succession according to this rule, the privity of the male line with the right of primogeniture and the pure lineal descent sets in again. 411 412 CONSTITUTIONS OF THE GERMAN STATES. Title III. Concerning the Government. Sec. 4. In the administration of State affairs the Prince is assisted by one or more counselors, who constitute the Government and whom the Prince appoints at his own choice and dismisses at pleasure. The rights of the dismissed are defined by the civil-service law. The members of the Government are not answerable to the Estates General. Sec. 5. All Government decrees of the Principality require for their authentication and the prevention of any misuse of the Sov- ereign's signature and in order that it may thus be at once apparent who is to be held responsible for the decree, the counter-signature of one of the members of the Government. Sec. 6. The responsibility of the members of the Government con- sists in the fact that the same may not only be sued in the civil courts for illegal transactions and omissions, and subjected to judicial ex- amination for common or special official misdeeds, but may also be prosecuted criminally for violation of the Constitution and, in fact, for deeds as well as for omissions, if they be contrary to the provisions of this organic act. Sec. 7. Criminal proceedings for violations of the Constitution can only be instituted in virtue of a resolution of the Diet. The eventual resolution requires a two- thirds majority of the votes cast. Seo. 8. If such a resolution is before the Diet, it must be trans- mitted through its executive committee to the Prince. Simulta- neously the Diet's executive committee must file in the princely court of appeals together with a copy of the resolution a duly moti- vated motion to institute the investigation. The court hears the accused as well as his counsel, if any, in regard to the charges, sets in motion all requisite discussions, and decides according to existing laws, but excluding all publicity, through a commission consisting of three members. Against this decision both accused and accuser have the remedies granted in criminal procedure. Appeal is to the full sitting of the court of appeals. Title IV. Domains. Sec. 9. The entire Crown property with all its rights and liabili- ties remains forever entailed property of the Princely House and de- scends in the same from generation to generation according to the principles governing the succession to the throne. Its administration is reserved for special stipulations. Sec. 10. Domains can only be alienated with the consent of the Diet. CONSTITUTION OF SCHWARZBURG-RUDOLSTADT. 418 For the alienation of unimportant portions of the domains, in particular also for the redemption of rights and obligations thereof, the consent of the Diet is not necessary. All moneys derived from such sales and redemptions are to be added to the capital of the^ domains. Sec. 11. The entire revenues of the domains will, conformably to the stipulations to be made in regard to them, be used in the first place to cover the household expenses of the Reigning Prince's court and for the support of the princely family. The surplus will go to defray the general expenses of the administration of the country. Title V. The Diet. (1) GENERAL PROVISIONS. [Sections 12-16 replaced by the following three sections of the law of November 16, 1870.] Section 1. The Diet of the Principality consists of 16 deputies, of whom 4 are elected by the most highly taxed and 12 chosen at general elections. Elections are direct and by secret ballot. Further provisions concerning the election of deputies are contained in the election law. Sec. 2. Functionaries require no leave of absence to enter the Diet. If a member of the Diet accepts a salaried public office or enters upon an office in the service of the State to which a higher rank or a larger salary is attached, he loses his seat and vote in the Diet and can only recover his place therein through a new election. Sec 3. Deputies to the Diet are elected for a term of three years. Sec. 17. Deputies to the Diet represent the whole country. They vote according to their own convictions and are not bound by any orders or instructions. Sec. 18. Every deputy on entering the Diet must swear that as deputy he will faithfully preserve the Constitution, and to the best of his knowledge and judgment look after the welfare of the Prince and the country. Sec. 19.^ Apart from the provision of section 16 and from the case of death, the right of deputies to the Diet is extinguished : 1. By dissolution of the Diet on the part of the Prince ; 2. P>y loss of one of those qualifications on which eligibility is conditioned ; 3. By voluntary retirement; 4. By the opening of proceedings to determine the deputy's solva- bility. In all these cases an election is required to fill the vacancy created in the Assembly. Sec. 20. The Diet is duly competent to pass resolutions as soon as there are at least 11 deputies present. 1 Section 19, no. 5, repealed by law of November 16, 1870, article 2. 414 CONSTITUTIONS OF THE GERMAN STATES. Kesolutioiis of the Diet, in so far as the present law (sees. 7, 40) or the order of business does not rule otherwise, are adopted by a simple majority of votes. Sec. 21. In case of dissolution of the Diet by the Prince, pre- liminary arrangements mlist be made within three months at the latest for the holding of new elections. The reconvening of the Diet must follow at the latest six months after its dissolution. (2) RIGHTS OF TIIK 1)1 KT. Sec. 22. The Diet of the Principality is qualified to make use of and to exercise the rights assigned to it by the i)resent law. Sec. 23. The Diet of the Principality has the following rights : 1. The right of assent in regard to general public laws which are to be enacted; 2. The right of sanctioning taxes and other burdens imposed on the subjects of the State ; 3. The right of cosupervision of the expenditure of the taxes and other State revenues; 4. The right of petition and complaint. (a) Legislation. Sec. 24. The Diet's right of concurrence in legislation consists in this, that all general laws about to be enacted, which involve the fundamental laws of the Principality, or the personal liberty, the security, or the propertj^ of subjects of the State, whether in the whole country or only in particular sections, must be referred to it for consideration and approval. Sec. 25. Only in cases of urgent necessity may such laws, if the Diet is not in session, be enacted on the responsibility of the mem- bers of the Government. But the same must immediately upon its re- assembling be submitted to the Diet for approval. Sec. 26. Laws are binding if promulgated in the hereinbefore pre- scribed form. The right to test the constitutionality of properly promulgated Jaws belongs not to the authority but to the Diet. (6) Imposition of taxes and other burdens on the IStatc's subjects. Sec. 27. In imposing taxes or other burdens on the subjects of the State the Diet has concurrence in the sense that without its being heard or without its assent neither taxes nor similar dues or pay- ments may be imposed or levied in the Principality ; nor is it per- missible to effect an increase in the public debt or to contract obliga- tions amounting to the same. The Government is empowered to eifect a temporary increase in the debt if such increase be necessary to meet CONSTITUTION OF SCHWARZBURG-RUDOLSTADT. 415 the ciu'reiit expenses of the State and can be made up in the course of the same financial term. Sec. 28. The needs of the State and the means required to meet them shall be determined in advance for every three-year financial term by the Government and the Diet. For this purpose the Government has to lay before the Diet for every financial term a statement of expenditures and revenues. In drawing up and fixing this budget the following principles should guide, namely, that the Principality must at all times be in a position to meet its Federal and stipulated obligations and that the general administration of the State should be regulated in a manner corresponding to tlie real needs of the country as well as to the habits, usages, and traditions of other well-regulated, monarchical German States of about the same size. The budget thus drawn up shall be published in the form of a law. Sec. 29. Should it happen that no agreement can be arrived at between the Government and the converted Diet before the expiration of the financial period, the approved taxes and other revenues may be levied at the most for another triennium (for a full financial term) and expended in accordance with the last budget of expenses. The same holds gocjd if, owing to special circumstances, it becomes impossible to convene the Diet in time. Sec. 30. The State Government must take every precaution to keei) within the expense budget and is answerable for any overdrawing of the budget as a whole. Sec. 31. Government transactions, whereby the country's regular income is dimiliished, require the consent of the Diet to be carried through. To this class belong, in particular, sales of princely domains (sec. 10) and the conclusion of treaties for the cession of territory whereby subjects of the State sever connections with the State. Sec. 32. In regard to the aggregate indebtedness of the country the Diet is always to be furnished with full particulars. For the duration of the present arrangement in regard to the State liabilities the same provisions will hold as have hitherto prevailed; that is, con- tracted debts will first be covered by an issue of so-called treasury notes as interim promissory notes, certified by a member of the Gov- ernment. As soon as the general treasury's cash account for the year in which the treasury note is issued has been laid before the finance committee (sees. 42 and 43) the treasury notes are converted into princely bonds. The latter are signed by the finance committee in the first draft, ratified by the Prince in the engi-ossed copy, and countersigned by the Government. 416 CONSTITUTIONS OF THE GERMAN STATES, (c) Co-fiuperviHon of State Revenues. Sec. 33.^ Together Avith the estimate of revenues and expenses (Constitution, section 28) the closed and not yet audited yearly ac- counts of the general treasury and public credit office are submitted to the Diet for revision. The committee charged with this revision (sees. 68 and 69 of the order of business for the Diet — Code of laws, 1855, p. 21 — ) is at liberty at the same time also to go over the sub- ordinate posts' computations submitted as documentary evidence of the correctness of the accounts of the head office. The members of the committee have also to sign the princely bonds. Sec. 34.^ Only the Diet is competent to ratify an actual overdraw- ing of the total expense budget. {d) Right of petition and complaint. Sec. 35. The Diet has the right not only to prefer charges against Government members for violations of the Constitution, but also to lay before the Prince complaints regarding abuses or derelictions in the superintendence and the administration of justice, of offenses against the constitutional rights of the country, as well as the civil rights of individual subjects ; likewise to submit to him their wishes respecting the introduction of improvements for the general good, as well as to present motions for the enactment of laws. (3) EXERCISE OF THE DIET'S BIGHTS. Sec. 36. The Diet may not meet without having been previously convoked by the Prince. Sec. 37. The Diet exercises the rights belonging to it partly in ordi- nary, partly in extraordinary sessions, partly through the committee of the Diet and the finance committee. Sec. 38. The sessions of the Diet are, according to more detailed ar- rangement of the order of business, partly public, partly secret. The order of business to be promulgated is published as a law. Sec. 39. The Diet is called into ordinary session every three years for the purpose of determining the requirements of the State adminis- tration and of considering and passing resolutions respecting other measures proposed by the Government. Sec. 40. Extraordinary sessions of the Diet are convoked if bills are to be laid before it whose urgency does not permit of their being post- poned until the convening of the regular session of the Diet. Sec. 41. The cloture of every session of the Diet depends on the Prince. 1 Sections 33, 34, paragraph 1, and section 42, paragraph 4, and section 45 were replaced by the law of March 22, 1861, printed in section 33. 2 Compare note to sec. 33. CONSTITUTIOX OF SCHWAEZBUEG-KUDOLSTADT. 417 (4) COMMITTEES OF THE DIET AND OF FINANCE. Sec. 42.^ At the close of every regular session of the Diet, the Diet appoints a Committee of the Diet, which performs its duties until the next regular Diet meets. The Committee of the Diet is composed of the chairman of the Diet, his substitute, and four deputies to the Diet to be chosen by a ma- jority of votes. In the event of the death of individual members a substitute is forthwith elected. Sec. 43. The Committee of the Diet meets as soon as it is called to- gether by the Prince, and its activities extend to the foUowins matters : (1) It may have presented to it for preliminary consideration and to prepare the way for the transactions of the Diet drafts of budgets and bills, which are thereupon to be introduced in the Diet. By unanimous consent of the Committee of the Diet even the enacting of provisional laws, excepting the cases provided for in section 25, is permissible if warranted by circumstances. (2) Bills prepared by the State Government upon the motion of the Diet, stating the reasons therefor, may be submitted to the Com- mittee of the Diet and, if the committee declares its concurrence, forthwith promulgated as laws. (3) The Committee of the Diet is entitled and bound to bring un- constitutional occurrences to the notice of the Prince and move for a remedy. To this end the director of the Diet, as chairman of the committee is empowered to request the Prince to convene the Diet or the committee. Sec. 44. With the Prince's consent still other powers of the collec- tive Diet may be transferred by resolution of the Diet to the Com- mittee of the Diet to be exercised od interim. The Prince is at liberty to convene the Committee of the Diet even outside the cases aforementioned as often as he desires to obtain its advice or hear its opinion on any matter whatever. Sec. 45.1 Title VI. Guaranty of the Constitution. Sec. 46. The present law can only be repealed or amended by the process of regular legislation. At least three-fourths of the depu- ties to the Diet must be present in passing a resolution to this effect^ and of these at least two-thirds must vote for the repeal or amendment. iCf. note to sec. 33. 92975—19 27 418 CONSTITUTIONS OF THE GERMAN STATES. Sec. 47. In the event of a change of Government the new Prince, iind in case of the minority of the Sovereign or any other impediriiont to his accession, the regent shall promise for the term of his admin- istration and on his princely word that he will recognize the Con- stitution and maintain and protect the same. This declaration shall be proclaimed by letters patent on his assuming power. Sec. 48. Every civil functionary shall henceforth, in taking the oath of office, swear at the same time that he will steadfastly and faithfully maintain the constitutional provisions of the country and observe the same. The same applies also to church and school employees. Title VII. Final provision. Sec. 49. All hitherto existing provisions incompatible with the present Constitution, particularly the Puhlicandum on Popular Representation of January 8, 1816, the final resolution of the Diet of April 21, 1821, the law on the Responsibility of the Members of the Princely Privy Council Board of June 2, 1848 (Code of laws, 1848, p. 21 et seq.), the election law of June 9, 1848 (Code of laws, 1848, p. 26 et seq.)^ and the ordinance respecting the execution of said law, of same date (Code of laws, 1848, p. 29 et seq.), are hereby repealed. In faith whereof, we hereto affix our autograph signature and princely seal. Given at Rudolstadt, March 21, 1854. FRIEDRICH GUNTHER, P. of S. V. Bertrab. Scheidt. v. Ketelhodt. v. Bamberg. SCHWARZBURG-SONDERSHAUSEN.i CONSTITUTION OF JULY 8, 1857.2 [Preamble.] We, Giinther Friedrich Carl, by grace of God, Prince of Scliwarzburg, Count of Hchenstein, Lord of Arnstadt, Sonders- hausen, Leutenberg, and Blankenburg, make known the following Constitution promulgated with the consent of the Diet : Section I. — Concerning the Principality and its Constitution in general. Article 1. The Principality of Schwarzburg-Sondershausen consti- tutes in its present component parts an indivisible and, by virtue of its statutory laws, a united State. Art. 2. The Government form of the Principality is an hereditary monarchy with representation in the national Diet. Art. 3.3 Art. 4. The Evangelical-Lutheran Church is the State Church. The Evangelical-Lutheran Prince exercises the right of a bishop in the Church. Art. 5. Each parish administers its own affairs independently, in so far as the said administration is not restricted by the lawful super- vision of the State. Art. 6. The conditions relative to the acquisition or loss of citizen- ship or nationality and the rights pertaining thereto are fixed by law. Art. T. The Constitution as adopted December 12, 1849, together with the laws of August 2, 1852, and March 28, 1854, are rescinded. Section II. — Concerning the Prince. Art. 8. The Prince is vested with the ruling power in the Prin- cipality. He possesses all rights of executive power and in the exer- cise of this power is only obliged to cooperate with the Diet in so far as the Constitution definitely provides for. Art. 9. The person of the Prince is inviolable and sacred. He stands above all personal responsibility. Art. 10. All Government business is conducted under the super- vision of the Prince by a Ministry. 1 Translation by Miss M. (?. Goldenbow based on the text as found in Stoerk-Rauch- haupt, pp. 470-480. 2 This copy of the revised text of the Constitution is found in the appendix to the Code of laws for 1912. 3 Article 3 was abolished by law of August 2, 1866. 419 420 CONSTITUTIONS OF THE GERMAN STATES. The Prince names and dismisses the members of the Ministry ac- cording to his own will. The rights of the dismissed members are set forth by the law pertaining to ciAdl Government service. Art. 11. All decrees of the Prince in Government matters need for their validity a counter-signature of at least one member of the Ministry. Art. 12. The members of the Ministry are made responsible for all actions taken in their official capacity, as well as for any neglect of their duty. The responsibility for the decrees of the Prince rests with those members of the Ministry who signed the bill with the Prince. Art. 13.^ The succession to the throne is hereditary in the male line, according to the right of primogeniture and lineal succession. After the extinction of the male line in the Princely House of Schwarzburg-Sondershausen the following succession takes place in the Government of our Principality, by virtue of the agreement of the Princely House of September 7, 1713, and of the agreement made by all the agnates of the Princely House of Schwarzburg of April 21, 1896 : (a) The ruling Prince Giinther of SchAvarzburg-Rudol^tadt and his legitimate male descendants ; (h) In the case of the death of the ruling Prince Giinther of Schwarzburg-Rudolstadt without legitimate male descendants: Prinz Sizzo of Leutenberg, son of the late Prince Friedrich Giin- ther of Schw^arzburg-Rudolstadt and of his wife, Helene, Countess of Reina, Princess of Anhalt, as well as his legitimate children, the result of a marriage consented to by the Ruling Prince of Schwarz- burg-Rudolstadt. After the total extinction of the male line of the Princely House of Schwarzburg, the Government passes to the female line of the House of Schwarzburg wdthout distinction of sex. In case of proximity of relationship within a single line or between several lines, seniority takes precedence. All female members of the princely line who are or have been unequally married are excluded from succession. Among the decendants of the Prince chosen according to the fore- going provisions, the precedence of the male line comes again into force with the right of primogeniture and of pure lineal descent. Art. 14. The lawful Government transactions of the last ruler ob- ligate the successor to the same form of administration. Art. 15. The Prince becomes of age with his eighteenth year, at which time he can take over the Government. Art. 16. In case the Prince is under age, a regent will be appointed for the administration of the Principality. Should the Prince be 1 Sees. 2 ff. are based on the law of August 14, 1896. CONSTITUTION OF SCHWARZBUBG-SONDERSHAUSEN. 421 unable to govern, a regency will take care of the Government. Only one person can take the regency. All matters pertaining to the inability to govern the Principality and the procedure of appointing a responsible party for the regency, as well as for the education of the Prince until he becomes of age, are subject to a regulation by special laws. Art. 17. The regent exercises in the name of the Prince all the ex- ecutive power vested in the Prince. No changes are allowed to be made in the Constitution which would limit the rights of the Prince or place additional obligations upon him. Art. 18. The Prince, also the regent, must at his accession to the rulership issue a written document in which he must swear that he will recognize the Constitution and support and protect the laws of the country. This document is deposited with the Committee of the Diet, which is to be called immediately for the purpose. It is to be preserved in the archives of the Diet and published in the body of laws. Arts. 19 and 20. [Articles 19, 20 of the Constitution, the laws concerning the civil list of March 18, 1850, and the increase of the domain property rent of December 25, 1859, and June 29, 1857, per- taining to the exceptionally large districts for wood cutting in the forests of the princely crown lands, are rescinded by act of the provi- sion of June 14, 1881, which provides that this crown land be called the private property of the princely lands.] Section III. Concerning the Diet. A. GENEEAL PBOVISIONS. Art. 21. The Diet represents the entire population and exercises the rights accorded to it by the Constitution. Art. 22. The members of the Diet are elected by vote. Art. 23.^ Every person i^ subject to election who has the right to vote, and who is 30 years of age. Officials need neither permits nor leave of absence to attend the Diet. Art. 24. To refuse to serve, and to withdraw from the membership of the Diet, is the privilege of everyone. Art. 25. The Diet alone has the decision over the validity of the elections. Art. 26.2 'pj^^ j)^^^ jg regularly called by the Prince the second and fourth year of every budget period (cf. article 44) and besides as often as circumstances require it. 1 Article 23, paragraph 2, was added by law of February 27, 1911. 2 On and after April 1, 1904, the fiscal year for the administration begins on the 1st of April. According to the law of August 15, 1901, articles 26, 44, 77, and 84 are included. On the same day the new four-year periods for finance and legislation, as stipulated by articles 26 and 44, begin. 422 CONSTITUTIONS OF THE GEKMAN STATES. Without the summons of the Prince the Diet can hold no sessions. Art. 27. The Prince in person opens and closes the general meeting of the Diet or authorizes a member of his Ministry to do so. Art. 28. The Prince has the right to postpone a meeting of the Diet, and he can also dissolve it. Art. 29. In case of a dissolution, the order for a new election must be given within four weeks, and the call for an assembly of the newly elected Diet within six months from the date of the dissolution of the former Diet. Art. 30. Members of the Diet must consider themselves as repre- sentatives of the entire State. They should vote in accordance with their conviction. They are not obliged to consider commissions nor conform to instructions. Art. 31.^ Members of the general Diet must take the following oath of office at their first appearance in an open session : You swear by God, the Almighty nnd All-knowing that you will be faithful and obedient to the Prince, that you will conscientiously observe the Constitution, that you will to the best of your ability act for the welfare of the Prince and the State. The oath is administered by the president of the Assembly of the Diet in this way : He reads the Avords of the oath to the new mem- ber, and the latter, in raising his right hand, says : " I swear it, so help me God." According to the religion of the person who swears, the oath may be supplemented by special formulas. If a deputy is elected president who has not as yet taken the oath of office, the president of the Ministry or his authorized representative will administer the oath of office. Who refuses to take the oath of office loses his capacity as a member of the Diet. Art. 32. The members of the Diet can never be held to account for their manner of voting; they shall not be responsible for their re- marks. In case the remarks constitute, a transgression of law and order, the Diet may require the matter to be brought before the court. Art. 33.2 'pj^g members of the Diet receive living and traveling expenses in accordance with legislative measures. B. CONCEENING THE JURISDICTION OF THE DIET. Art. 34. The Diet takes part in the exercise of* the legislative power. Laws can only be made, modified, or rescinded with the consent of the Prince and of the Diet, except if otherwise provided by article 39. Art. 35. The right to propose new laws belongs to. the Prince and to the Diet. 1 Article 31 was revised by law of March 5, 1912. 2 Article 33 modified by law of February 27, 1911. CONSTITUTION OF SCHWAEZBURG-SONDERSHAUSEN. 42^ Art. 36. Bills proposed b.y the Prince and submitted to the Diet may be altered or amended according to the disposition of the Assembly. Art. 37. Should the Prince disapprove of alterations or amend- ments wholly or partially, the Diet must either accept the bill in the revised form as it is presented for the second time or reject it in its entirety. Art. 38.^ For a decision of the Diet regarding the acceptance of modifications or additions to this Constitution two votes are neces- sary. Two weeks at least must intervene between the first and the second vote, and a two-thirds vote of the members of the Diet present is required for its incorporation into the Constitution. The Diet has the power by decision of the same majority to shorten the intervening time of two weeks between the first and second vote to three days. Art. 39. The Prince can pass new laws independently of the Diet, provided they are urgent and can not be delayed until the next meet- ing of the general Diet. The laws made by the Prince alone must not entail any modifica- tion oi the Constitution. They must be submitted to the Diet at its next meeting with reason for their adoption. Should the advisory council which deliberated on the passage of the law not succeed in obtaining the consent of the next general Diet by virtue of articles 36, 37, the law must be revoked or after the close of the general meeting be laid before the next Diet. Art. 40. The Prince makes the new laws public, with special ref- erence to the consent of the Diet on grounds of article 39. Art. 41. After a due publication of the enactment of the law as provided in article 40 it is valid. Art. 42. State contracts need the consent of the Diet if by the promulgation thereof the Government or the people assume special obligations. Art. 43. An exception to this rule is formed by Government con- tracts relative to the Principality of Thuringia, and respectively to the German Customs and Commercial Union. Art 44.2 p^j. ^very finance period of four years a budget is made up and incorporated in the State budget. The last budget is laid before the Diet during the fourth year of every fiscal period for purposes of comparison with the budget of the next four years. After due comparison it is confirmed by law. Art. 45. This Diet can not withhold its consent nor the funds for meeting all expenditures, be they of a Federal, constitutional, or a civil nature. 1 Article 38 revised and amended August 19, 1896. - Compare note to article 20. 424 CONSTITUTIONS OF TIIE GERMAN STATES. Art. 46. To proA'ide the administration with sufficient means for unforeseen events which mi^ht require an extra outlay, a reserve fund will be set apart in the budget upon special request by the ad- ministration. Art. 47. Taxes and other lawful duties imposed by the Govern- ment must be introduced, raised, or lowered by special legislation. Art. 48. Existing taxes and other Government dues for revenue purposes will be levied until by an amendment they are either re- scinded or changed. This rule is not enforced in cases when special taxes and duties are levied for exceptional expenses of the Government. Art. 49. The Government revenues must be used for the purposes for which they have been legislated. The Ministry has therefore to give strict account of sums which it uses for purposes other than those which they were originally desig- nated to serve. (Cf. articles 76-78.) Art. 50. The flotation of a new Government loan takes place only by act of the Diet. Likewise the issuing of paper money and the taking over of guaranties by the State. Art. 51. By the mortgaging of crown lands, be it for the private accounts of the Prince or for the improvement of the property, the provision in article 50 of the Constitution is fundamental without any differentiation. Art. 52. The records of all debts contracted by the State or the exchequer are kept by the treasury which has charge of such debts. For the validity of these papers it is necessary that they bear the signature of approval of the Ministry and of the Provincial As- sembly. Art. 53. The sale of public lands must be agreed to by the Diet. An exception is made in the following cases : (1) In the case of sales authorized by a court; (2) In the case of chattels, stock, and private property; (3) In the case of land valued at not over 1,000 thalers; (4) In the case of buildings no longer U3eful; (5) By a cession of property to adjust boundary disputes. Art. 54. Also sales of property belonging to the crown lands must be approved by the Diet, with exceptions as stipulated in article 53, irrespective of whether the said property is administered for the Prince or for the country. Art. 55. The Diet has the right to consider and to bring to the notice of the Prince or of the Ministry complaints from individual citizens as well as from corporations. Complaints over maladminis- tration and abuses in the practice of law, also proposals and sug- gestions conducive to the furthering of public interests, may likewise be submitted to the Prince or the Ministry for consideration. The CONSTITUTION OF SCHWARZBURG-SONDEKSHAUSEN. 425 {ibolition of such difficulties takes place as soon as the complaints have been found to be justified. Art. 56. The Diet has the right to ask the Ministry for informa- tion on subjects pertaining to its own sphere of management. In- formation may be refused by the Mini3try on the ground that it might prove prejudicial to a decision still pending. Art. 57. The Diet has the power to institute court proceedings against members of the Diet who have violated the Constitution or have made themselves a subject of complaint, irrespective of whether they still hold their seats in the Diet or whether they have already been dismissed. (Cf. article 12.) All further decisions are made in accordance with special laws touching the cases. Members of the Ministry, against whom court proceedings are in- stituted by the Diet, can not claim for themselves the pardon of the Prince without the consent of the Diet. C. CONCERNING THE BUSINESS OF THE DIET. Art. 58. The Diet has direct relations only with the Ministry. Art. 59. Every Diet must after its opening elect a president and a vice-president from among it3 members. Art. 60. The Diet must elect a secretary {Syndikus) from among the ranks of its jurisconsults. The secretary is the legal adviser, clerk, and the recorder of the Diet. Art. 61. Petitions and complaints, addressed to the Diet by non- members must be sent in writing to the president but not to the secre- tary. Art. 62. The sessions of the Diet are open to the public. The order of business determines when the meetings shall be closed to the public. Demands for closed sessions may come from the Government or the Diet. Art. 63. The minutes of the sessions are published. Excepted are those taken at the closed sessions. Parts of the latter may be pub- lished according to the decision of the Diet and the Government. Art. 64.^ Bills and projects of the Government which contain prop- ositions are, as a rule, deliberated on twice. After the first delibera- tions they are passed on to a deputation (commission) for a critical review. Art. 65. Members of the Ministry have the right to be present at the sessions of the Diet and of the deputation. They are obliged to be present in so far as the Diet or the deputation requests it. Upon a special request they may secure a hearing at an}^ time. ^Article 64 newly revised by law of February 27, 1911; likewise articles 67 and 71. 426 CONSTITUTIONS OF THE GERMAN STATES. Art. 66. The members of the Ministry have the right to appoint State officials to represent them in the sessions of the Diet or of the Deputation, and these officials shall then possess the same powers as the members of the Ministry. Art. 67.^ The Diet can only then pass a bill when, at least two-thirds of tJie members are present at the session. In case the bills before the Diet have not been passed on because of absence of a quorum, the Ministry must request that the bill be again laid before the Diet, not before three or at latest within seven days. In this session one-half of the total membership comprises a quorum. The president will call especial attention to this fact when he summons the Diet. Above provisions are not applicable to article 38 of the Constitu- tion as defined by law of August 19, 1896 (General Code, p. 89). Art. 68. All decisions of the Diet shall be made by a majority vote of the members present, unless this Constitution provides other- wise, or if, in the case of elections, the order of business modifies the rule. Art. 69. Should there be a tie in the vote, a second vote will be taken at the following session. A second tie in the vote defeats the motion. Art. 70. Decisions in which the Diet passes bills proposed by the Government can be rescinded rnly by consent of the Ministry, Art. 71.^ The Diet makes its own rules for order of business. De- parture from this order can onlj^ take place in accordance with the provisions of article 38 of the Constitution, as defined by law of August 19, 1896 (Legal Code, p. 89), and must be passed twice by a majority of two-thirds. The order of business procedure is announced by the Ministry and published in the compilation of laws. The above order of procedure is valid for later provisions to the Constitution. Section IV. — Con-cermng the Diet Committee. Art. 72. The president of the Diet and two other members of the Diet form the Diet Committee. They are chosen after the election of the president of the Diet and the vice-president. A new committee is elected at the opening of each Diet. Art. 73. The committee retains its office until the next session of the Diet, when a new committee is elected, even if the legislative period has expired or the Diet has adjourned. Art. 74. In case of death of the president of the Diet while the Diet is not in session, or in case he has become disqualified or is tem- ^ Compare note to article 64. CONSTITUTION OF SCHWARZBURG-SONDERSHATJSEN. 427 porarily prevented from attending, the vice-president takes his place. For any one of the other two members of the committee, the Diet must in each case elect a substitute from among the members of the Diet. Art. 75. The president and vice-president, respectively, preside at the committee meetings. Art. 76. The committee of the Diet has principally the duty to regulate the raising of taxes and revenues and to see that the State funds are expended for the purposes for which they are intended (article 49). Art. 77.^ All financial statements of the past year, together with the receipts and auditor's accounts, as well as an account of the ex- pending of reserve funds, and a statement of the justification for the expending of moneys over and above the budget provisions, must be laid before the Committee of the Diet. (See article 76.) Art. 78. In case the Committee of the Diet does not fully approve of the manner in which disposition has been made of Government moneys outside of the budget provision and considers it unjustifiable, the committee must lay the matter before the Diet at its next meeting. Art. 79. The committee has the right to make proposals before the Ministry as well as before the Diet relatiA^e to existing financial con- ditions, and to institute improvements. Art. 80. The written approval of the Diet, which must accom- pany the statements of the financial obligations of the State and the exchequer (cf. article 52), is issued by the president and the provincial secretary. The minutes of the debates on the subject and the books are laid before the committee at its annual meeting (cf. article 84) for inspection and examination. Art. 81. The committee must, at the request of the Diet, prepare plans for the next meeting of the Diet. Art. 82. The Diet can empower the committee in advance to act for it in certain specific cases, proyided the Ministry agrees to it. Art. 83. Without any commission, too, from the Diet, the com- mittee can give the sanction of the Diet, if the case is sufficiently urgent. This can be done in the sale of Government or Crown prop- erty and takes place in accordance with the provisions in articles 53 and 54. Art. 84.2 'j^j^^ committee on finances must call a meeting annually at the seat of the Government and at the call of the president for the purpose of examining and controlling the public funds (cf. articles 76 to 80). Art. 85. Other Government business outside of the examining of the books of the State finances may at the discretion of the president be transacted in writing by the members of the committee. 1 Compare note to article 26. 2 Modified by law adopted August 15, 1901. Compare also note to article 26. 428 CONSTITUTIONS OF THE GERMAN STATES. This provision is not valid if the Ministry has called for a meeting of the committee. Art. 86. The Diet Committee makes its decisions by vote of the majority. The sessions are not open to the public. In regard to cooperation of the Ministry the provisions set forth in articles 65 and 66 must be enforced. Art. 87. The committee must furnish an account to the next Diet as to its activity during the recess of the Diet. . Arts. 88-96.1 Article 1. The independence of the courts, the .iuridical constitution, the ad- justment of juridical administration, questions of State service and discipline of judges, are decided in accordance with the laws and the existing State treaties. Art. 97.^ We have signed this Constitution in person, which we promise to observe faithfully and to protect against all encroach- ment and violation, and we have affixed thereto our princely seal. Sondershausen, July 8, 1857. [l. s.] GtJNTHER FRIEDRICH CARL, Prince of S, S, Countersigned: v. Elsner. 1 Article 88-96 modified, to the above article 1 of May 13, 1879, by decree of court. 2 Rescinded by law of May 13, 1879, which came into force with the law providing for a judicial constitution. WALDECK.^ CONSTITUTION OF AUGUST 17, 1852. [Preamble.] We, Georg Victor, by the grace of God, Keigning Prince of Wal- deck and Pyrmont, Count of Rappoltstein, Lord of Hohenack and Geroldseck on the Wassiegen, etc., inasmuch as the Estates, assem- bled in extraordinary session by order of the Regency, adopted a resolution for the drafting of a Constitution to take the place of the fundamental law of the State, of May 23, 1849, and in as much as we have felt impelled immediately to grant it our sovereign princely sanction, hereby promulgate the following Constitution for the Prin- cipalities of Waldeck and Pyrmont. Title I. — The Territory of the State. Section 1. The Principalities of Waldeck and Pyrmont constitute a German Federal State united under one and the same Constitution. Sec. 2. No part of the territory of the State may be alienated with- out the consent of the joint Estates. Boundary adjustments whereby citizens are excluded from the territory of the State likewise require the sanction of the Estates. Title II. — I'he Princes and the Princely Houses.'^ Sec. 3. In the Prince is united the entire governmental power, in exercising which he is bound to observe this Constitution and the con- stitutional laws and to act in cooperation with the representatives of the country as prescribed by the present Constitution. Sec. 4. The Prince is inviolable in his person and irresponsible. Sec. 5. All governmental edicts of the Prince require, for their validity, to be countersigned by at least one member of the State Government, who thereby assumes the constitutional responsibility. S'ec. 6. Lawg may be enacted, repealed, amended, or authentically interpreted by the Prince only with the consent of the Diet. Sec. 7. If the Diet is not assembled, decrees which do not embody a modification of the Constitution, of the electoral law, of the compe- tency of juries, or of the laws referred to in section 29, or which do 1 Translation by Wilfred Stevens based on the text as found in Stoerk-Rauchhaupt, pp. 481-496. 2 Cf., in connection . with Title II, the treaty given hereinbelow between Prussia and Waldeck, of March 2, 1887, and the final protocol of the same date. 429 430 CONSTITUTIONS OF THE GERMAN STATES. not relate to matters of taxation, may, in urgent cases permitting of absolutely no delay, be enacted with the force of law under the responsibility of the State Government. Such decrees must be submitted to the next Diet for its sanction. If no agreement is then reached, the decrees issued must either im- mediately be repealed or submitted to a new Diet to be assembled within three months. If this Diet also refuses its sanction, the decrees in question shall then be repealed. Sec. 8. The Prince exercises the executive power. He appoints and dismisses the responsible members of the State Government, the counter-signature mentioned in section 5 not being required. He promulgates the laws, making reference to the sanction of the Estates, or to section 7, and issues the necessary decrees for the en- forcement of the laws. Sec. 9. The Prince alone has supreme command oyer the military establishment. Sec. 10. Except where otherwise provided by law, the Prince fills all positions in the civil and military service, giving preferential con- sideration to natives. Sec. 11. The Prince represents the State in foreign affairs and con- cludes treaties with foreign Governments. Treaties under which burdens are imposed upon the State or obli- gations upon individual citizens thereof require the consent of the Estates for their validity. Sec. 12. The Prince has the right of pardon and of mitigating pun- ishment, as well as of granting amnesty. In case of a complaint raised in accordance with section 66, he may exercise this right only with the consent of the Estates. It is left to the discretion of the Prince to remit, in occasional cases, taxes (except ordinary taxes), fees, and other dues. Sec. 13. The Prince takes up his chief abode in this country. The seat of the Government shall not be transferred outside the territory of the country. Sec. 14. If the Prince is temporarily hindered from exercising the power of government, the substitute to be appointed by him shall conduct the Government during such hindrance according to the pro- visions of this Constitution. Sec. 15. The Government is hereditary in the male line of the Waldeck Princely House, including its comital line, according to the right of primogeniture and of agnatic lineal descent. If the male line becomes extinct, the succession to the Government passes to the female line. In this case closeness of relationship to the last reign- ing Prince decides, or, if the degrees of relationship are alike, CONSTITUTION OF WALDECK. 431 seniority in years. After the succession has thus passed, the prefer- ence of the male line in order of primogeniture again prevails.^ In regard to the Principality of Pyrmont, the rules of the existing treaties shall be followed. Sec. 16. The Prince becomes of age and capable of governing upon the attainment of his twenty-first year of age. Sec. 17. Immediately upon assuming the reins of Government, the Prince issues a patent in which he pledges himself under oath to guard the Constitution firmly and inviolably and to govern in ac- cordance therewith and with the laws. The original copy of this patent shall be filed in the archives of the Diet. Sec. 18. Within six weeks after assuming control of the Govern- ment, the Prince assembles the Diet, which swears allegiance to him, the oath of allegiance running thus: We swear that we will show loyalty and obedience to Prince . . . and that we will conscientiously observe the Constitution. Sec. 19. If the Prince is a minor, or otherwise hindered for a last- ing period from conducting the Government, there shall be instituted a regency, which may be exercised by only one person. Sec. 20. If no arrangement is made regarding the regency either by the Prince himself or, in case he is a minor, by the predecessor exercising the governmental power, or by the family laws, the regency shall devolve upon the wife, then the mother, and for want of such the paternal grandmother of the Prince, and after that upon the adult member of the Princely House who comes next in the line of succession to the Government (sec. 15). Sec. 21. Immediately upon assuming the regency the regent issues a patent in which he promises under oath to uphold the (Constitution firmly and inviolably and to govern in accordance therewith and with the laws. The original copy of the patent is filed in the archives of the Diet. Sec. 22. Within the next six weeks the regent assembles the Diet, which, except in case the Prince is a minor, resolves with respect to the necessity of the regency. Sec. 23. The regency terminates as soon as the necessity for it ceases, and the Prince proclaims his own assumption of the Govern- ment to the country by means of a patent (sec. IT). Sec. 24. The regent exercises, in the name of the Prince, the full governmental power as belonging to the Prince himself under the Constitution. Sec. 25. The regent, unless it is the mother or the paternal grand- mother who is acting as such, is not allowed to assume the guardian- ship over the minor Prince. 1 See the princely family law of April 22, 1857. 432 CONSTITUTIONS OF THE GERMAN STATES. In other respects the instructions left by the last reigning Prince, or the provisions of the family law, shall govern in regard to the guardianship and the education of the minor Prince. In the absence of such special instructions, the guardian must attend to the edu- cation. Sec. 26.^ The agreement regarding the domanial property ap- pended to section 94 of the Constitution of May 23, 1849, shall be considered as being repealed in all its parts from the beginning in this way, that no new or increased rights may be derived therefrom from any side, without prejudice, however, to the mutual rights and duties for the period during which the actual conditions introduced bj^ the said agreement have existed. Except in so far as the rules established in the appendix for the reserved final regulation of the matter embody special provisions on the subject, the legal questions connected with the domanial property shall be treated according to the status thereof prior to the conclusion of the agreement of 1849. The final agreement neces- sary in accordance with this shall be reached with the Estates with- out delay. Sec. 27. The remaining affairs relating to the Princely House shall be regulated by the family laws. They shall be laid before the Estates for their information, and, as far as is necessary according to this Constitution, for their sanction. Title III. — Citizens of the State. Sec. 28. The rights and duties of the citizens of the State are regu- lated by the Constitution and the existing laws. Sec. 29. Personal liberty is guaranteed. Only in the cases and in the forms determined by law may arrests or other restrictions of personal liberty, domiciliary searches, and the seizure of letters or papers and violations of the secrecy of letters take place and the right of citizens to assemble and form associations for permissible purposes be restricted. Sec. 30. Every person has a right freely to express his opinions by word, in writing, in print, or pictorially. The press shall not be placed under censorship. The law shall prescribe the necessary measures against the abuse of these rights. Sec. 31. All citizens of the State, with the exception of members of the Princely House and its comital line, are liable to military duty. The extent and character of this liability shall be determined by law. 1 To this section are added " Further provisions," bearing the same date as the Con- stitution. CONSTITUTION OF WALDECK. 438 Sfx. 32. The freedom to emigrate can be restricted by the State only with respect to military liability by way of legislation. Emigrant taxes shall not be levied. Sec. 33. All citizens of the State shall be entitled, provided they observe the established order of procedure, to address petitions and complaints in writing to, the authorities and to the representatives of the country. Sec. 34. Property is inviolable. Expropriation thereof may only take place in accordance with the law and in consideration of an indemnity. Sec. 35. All personal contributions and burdens arising from the seigniorial and protectorial bond (by personal being meant those not attaching to the soil) , as well as all compensatory performances and burdens which devolved upon the beneficiaries, are abolished without indemnification. Sec. 36. All taxes and duties of performance resting as a lien upon the soil are subject to redemption, and no such burdens shall again be imposed unredeemably. This provision, however, shall not apply to the assessment of ordinary taxes against real estate. Sec. 37. The right to hunt on the land of another is abolished as a fundamental privilege and shall not be reintroduced as such. Further provisions regarding the exercise of the right to hunt shall be embodied in the law. Sec. 38. The feudal bond is redeemable according to the provisions of the law. Sec. 39. The Christian religion shall constitute the basis of those governmental institutions which are connected with the exercise of religious worship, without prejudice to the religious freedom guaran- teed in section 40. Sec. 40. All citizens of the State have full freedom of belief and conscience and are unrestricted in the domestic practice of their religion. They are entitled to unite in religious organizations which have the right to practice religious worship in common, though without a public character, provided they do not possess corporative rights (sec. 41). Crimes and misdemeanors which are committed during the exercise of this freedom shall be punished by the law^s. The enjoyment of civic and citizenship rights is neither contingent upon nor restricted by religious confession. However, religion shall not detract in any way from the duties of citizenship. The law shall provide to what extent civil marriages may be per- formed when the parties profess different religions. 92975—19 28 434 CONSTITUTIONS OF THE GERMAN STATES. Sec. 41. Religious organizations which do not yet possess cor- porative rights or which are newly formed may secure these rights only through special laws. Sec. 42. The EA-angelical and the Roman Catholic Church, as well as every other religious organization, shall retain the possession and enjoyment of the institutions, endowments, and property intended for their religious, educational, and charitable purposes and shall arrange and administer their affairs independently, though they shall be subject to the general laws of the land. Sec. 43. The property of religious organizations and of charitable and educational institutions shall not be incorporated with the Gov- ernment domain, nor shall it be diverted, generally speaking, from its general predetermined purposes, as long as the latter are at all attain- able. If this is not the case, the property must be' devoted to cognate or analogous purposes. However, in this case the consent shall be required of the persons who have the right of disposition according to the rules of private law, and, if it is a question of national institu- tions, the consent of the E3tates shall be necessary. Sec. 44. All matters relating to instruction and education are under the supreme supervision of the State and shall be regulated by special laws, which shall at the same time determine the position of the church toward the school and the participation of the com- munes in the appointment of public school teachers. Title IV. — C ommunes and C ounties (Kreise). Sec. 45. Town and county communes have the right of free, au- tonomous administration of their affairs, especially with regard to the election of their representatives and officials, with the exception of the chief magistrate of the country, who is to be appointed by the Prince, and also the administration of their property under the legally regulated supervision of the State. Further details in this connection as well as concerning the adminis- tration of the local police, shall be provided by law. Title Y.—The Diet. Sec. 46. A joint Diet for the Principalities of Waldeck and Pyr- mont exists for the maintenance of the rights guaranteed by the Con- stitution, particularly of the right to cooperate in legislation (sec. 6) and of the right to levy taxes (sec. 85 et seq.), it serving as a legal representation of the whole body of citizens and of the whole country. Sec. 47.^ It meets in the Principality of Waldeck. Sec.^48. » Sections 47 (pars. 2 and 8), 48, 84, and 103 were repealed by law of January 30, 1864. coNSTiruTioisr of waldeck. 435 Sec. 49. The Diet consists of 12 deputies from the Principality of Waldeck and 3 deputies from the Principality of Pyrmont, who, ac- cording to the provisions of the electoral law, are elected by the local communes arranged in electoral precincts. Sec. 50. Persons who hold a public office do not require leave from their official superiors in order to become a member of the Diet. Sec. 51. If a deputy enters the Government service or the court service, or accepts a preferment therein, his mandate expires; never- theless he retains his seat in the Assembly until the arrival of the newly elected deputy. His reelection is not precluded. Sec. 52. The Prince convokes and closes the Diet. He has the right to dissolve the Estates. In this case new elec- tions must be ordered and the new Estates be convened within a period of three months after the dissolution. Sec. 53. Before the close or immediately after the dissolution of each Diet, the Prince announces to the Diet, in a prorogation to be inserted in the Collection of Laws, his declaration regarding pro- posed measures not yet acted upon. Sec. 54. The Prince may adjourn the Estates. However, the ad- journment shall not, without their consent, exceed a period of two months or be repeated during the same Diet. The Diet may also adjourn itself for four weeks. Sec. 55. The Diet shall be assembled regularly during the month of October of each year, and also at other times whenever circum- stances require. Sec. 56. The opening and closing of the Diet are done by the Prince in person, or by a member of the Government commissioned by him. Sec. 57. The presence of at least two-thirds of all the deputies shall be necessary in order to open the Diet and to constitute a quorum. Sec. 58. The Diet shall examine the credentials of its members and decide as to the admission of the latter. Sec. 59. Upon entering, every deputy takes an oath that he will be loyal to the Prince and that he will conscientiously observe and up- hold the Constitution. This oath shall be administered to the president of the Diet by the Prince or by the member of the Ministry of State commissioned by him for the purpose, and to the other deputies by the president in the Assembly. Sec. 60. The assembled Estates have the right to adopt their own standing orders, but those points which concern the business relations with the Government are arranged by agreement. They choose their' president and vice-president, as well as their secretaries, which latter do not need to be deputies, and, in ca^e they are not, they shall receive an adequate compensation. 436 CONSTITUTIONS OF THE GERMAN STATES. Sec. 61. The sessions are public. The standing orders determine under what conditions executive sessions may be held. Sec. 62. The deputies vote according to their free convictions, and are not bound to obey orders or instructions. Resolutions are adopted by an absolute majority (sec. 57) of the members present. In case of a tie in the vote, the motion is con- sidered lost. Sec. 63. The members of the Government and the officials delegated to represent them have free access to the sessions of the Diet and of the committees, and they must at all times be heard upon request. Sec. 64. The Diet may require that the Government be represented at its sessions as well as those of the committees. It is entitled to demand information regarding all affairs of the country, and to appoint committees to clear up facts and prepare the subjects of its debates, which committees may summon experts to their meetings. It stands in direct business relations, however, only with the Gov- ernment and, in the case of section 66, wdth the court called upon to decide the matter. Sec. 65. The Diet is entitled to recommend the introduction of legislative measures and to address communications, complaints, and petitions to the Prince in any national matters. Sec. 66. It has a right to impeach the responsible members of the Government for violation of the Constitution in accordance with the provisions of the law. The continuation of such an impeachment shall not be hindered by the dissolution of the Diet or any other change in the Estates. Sec. 67. The Diet shall receive petitions and bring them up for discussion. Petitions must not be delivered personally to the Diet, nor shall deputations in general be admitted. Sec. 68. No deputy shall at any time be judicially prosecuted or disciplined or otherwise held to account outside the Assembly for his votes in the Assembly or on account of statements made during the digcharge of his official duties, except in the case of acts of lese- majesty or defamatory utterances against the Federal Diet or against private individuals. Sec. 69. If a deputy is prevented for a length of time from per- forming his duties or persistently shirks them otherwise, or becomes guilty of misconduct, the Diet may resolve to expel him entirely for the remainder of the term of election. However, such a resolution requires a majority of three-fourths of the votes of all the members of the Diet. Sec. 70. The deputies shall receive per diem allowances from the public treasury, not being permitted to refuse them. CONSTITUTION OF WALDECK. 437 Title VI. — The Gov eminent {State) Service.'^ Sec. 71. All Government officials as such are pledged to show spe- cial loyalty to the Prince and are responsible to him for the fulfil- ment of their official duties. Sec. 72. The law designates the authority who under the Prince is to assume the direction of governmental affairs and who at the same time bears the special responsibility toward the Diet for the exact observance of the Constitution. Sec. 73. All other Government employees must also conscientiously observe the Constitution and expressly promise to uphold it in their oath of office. This shall not operate in any wise detrimentally to the principles set forth in section 94, nor to the lawful obedience due to official superiors. Title VII. — The Judiciary and the Administration of Justice. Sec. 74. The judicial power is exercised in the name of the Prince by independent courts, which are not subject to any other authority than the constitutional laws, without prejudice to the lawful subordi- nation which the}?- owe to their official superiors. Patrimonial courts shall not exist. Sec. 75. No one shall be deprived of his lawful judge. Exceptional courts are impermissible. Sec. 76. No privileged status before the courts shall exist with respect to persons or things. Exceptions with regard to the Princely House and its comital line, as well as in regard to military jurisdiction, are reserved for special legislation. Sec. 77. No judge shall, otherwise than by judgment and due course of law, be removed from his office or impaired in rank or salary. The law shall provide more minutely with regard to suspensions from office, transfers to other posts, or retirements. Sec. 78. Judicial proceedings shall be public and oral. Exceptions from publicity shall be determined by law. Sec. 79. Proceedings in criminal actions shall be instituted by complaint. Grave criminal cases shall be tried by juries, further details being provided in the law. Sec. 80. Judicial and administrative functions are separate and independent of each other. The jurisdiction of the courts and of the administrative authorities is determined by law. 1 See note to Title II. 438 CONSTITUTIONS OF THE GERMAN STATES. Disputes as to jurisdiction shall be decided by an authority to be designated by the law. Sec. 81. The exercise of judicial functions by the administrative authorities shall not be permissible. The police authorities shall not have any criminal jurisdiction. Sec. 82. Moratoriums in certain cases shall be granted only with the consent of the Diet. Title VIII. — The Financial Administration. Sec. 83.^ In assessing taxes no preference shall be shown to any particular classes or property in the State or the commune. The domanial and entail property of the Princely House and its comital line shall not be subject to taxation, as far as it enjoyed exemption from taxation up to the year 1849. Furthermore, the members of the Princely House, including the comital line, shall remain free from all personal taxes. All rules regarding the taxation of church and school property, glebe lands, and sextons' property are reserved for legislation. Sec. 84. [The law of January 30, 1864, section 1, reads: " On Janu- ary 1, 1864, the union of the financial administrations of the two Principalities provided for in section 84 of the Constitution of August 17, 1852, shall take place." Cf. also note to section 47.] Sec. 85. The consent of the Diet shall be required for the intro- duction of new taxes as well as for the change or continuance of exist- ing ones. However, the amount of taxes authorized shall be collected according to the existing tax laws. Furthermore, the funds neces- sary to operate the Government in a way corresponding to the de- mands of the Federal obligations and of the Constitution must not be refused. Sec. 86. A three-year financial period is adopted, before the begin- ning of which the Government budget shall be drafted, presented to the Estates with the requisite elucidations and corroborative docu- ments, and fixed in whole or in part jointly with them by means of a law. If, after the expiration of an appropriation period, delay occurs for any reason in bringing the new financial law to a conclusion, the taxes authorized for the ordinary expenses of the State may continue to be collected for six months longer. These six months shall be reckoned in the new financial period. Sec. 87. Every appropriation shall be applicable only to the pur- pose for which it is intended. The expenditure must be made only within the limits of the authorization. * Cf. in this connection the authentic interpretation of par. 2 in sec. 83 of the Con- stitution of May 11, 1854 : " The domanial and entail property of the Princely House and It8 comital line shall not be subject to taxation as far as it enjoyed freedom from taxes up to 1849." CONSTITUTION OF WALDECK. 439 The appropriations must not be made contingent upon conditions which have no immediate connection with the character of the pro- posed expenditures or with the employment of the appropriated funds. Sec. 88. The debts of the country are guaranteed, and the rights of all creditors of the State are placed under the special protection of the Constitution. Without the consent of the Diet, no national debts shall be con- tracted, whether through loans, the introduction of treasury certifi- cates, or otherwise. Advances made to extinguish the national debts shall not be con- sidered as new debts. The consent of the Diet is likewise not required for the issue of new certificates of indebtedness in the place of old bonds, though the certificates of the national savings bank are not to be counted under this head, and it is not required with regard to moneys flowing into the national treasury from trust and bankruptcy funds, fire insurance funds, the fund for widows of Government employees, and the national savings bank. Sec. 89. If, owing to suddenly occurring events in war time, extraordinary expenditures and consequent loans become necessary, but a hasty convocation of the Diet to appropriate the funds is impossible, the requisite measures may be taken under the responsi- bility of the central Government. These measures must be sub- mitted to the following Diet for examination and approval. Sec. 90. For the purpose of meeting transient needs, for which the funds appropriated are sufficient but are not momentarily available, the necessary money may be raised provisionally and pending the removal of the obstacles. Sec. 91. On the basis of the Government budget an annual account shall be rendered, and this account, after being audited and approved, shall be laid before the Diet in order that it may exercise its constitu- tional rights. The results of the account shall be made publicly known. Title IX. — The Military Establishment.^ Sec. 92. The armed forces are established in accordance with the laws of the German Confederation. Sec. 93. For the sake of preserving internal peace and security, as well as for the enforcement of measures taken by the civil authorities, the armed forces shall be entitled to interfere, but only in the cases specified by law and at the express demand of the proper civil au- thorities. Exceptions in this latter regard shall be stipulated by law. ^ Cf in this connection the Military Convention between Prussia and Waldeck on November 24, 1877. 440 CONSTITUTIONS OF THE GERMAN STATES. Title X. — General provisions. Sec. 94. Laws and decrees are binding as soon as the sanction of the Estates, if required by this Constitution, is granted and they have been made known in the form prescribed by law. The test as to the legal validity of duly promulgated laws and de- crees belongs to the Diet. Sec. 95. A resolution of the Estates in regard to the amendment, elucidation, or amplification of the Constitution requires, in order to be valid, to be discussed at two meetings, between which at least three days intervene, and to be adopted each time by a majority of two- thirds of the constitutional number (sec. 49) of the Estates. Sec. 96. Only in case of war or insurrection may an exceptional con- dition be introduced, according to the provisions of the law. Sec. 97. If general Federal laws and resolutions necessitate modi- fications of this Constitution, they shall be adopted in the constitu- tional manner. Sec. 98. If certain laws or provisions of law are contradictory to this Constitution and the contrary is not expressly stipulated, they are repealed. Title XI. — Transient provisions. Sec. 99. The general penal legislation shall be subjected to a revi- sion at an early date. In this revision the penalties of civil death, pillory, branding, corporal punishment, and confiscation of property, as well as apology and compulsory reparation, shall not be reintro- duced. Until then the provisions of section 8 of the Constitution of May 23, 1849, shall remain in force as a special law. Sec. 100. The drafts for the laws necessary according to section 29 shall, if possible, be submitted to the next, or at all events the following, regular session of the Diet. Meanwhile, in so far as modern legislation is not sufficient, the common law or national statutory provisions which existed prior to the adoption of the Constitution of May 23, 1849, shall be in force. Sec. 101. Pending the final institution of the special authority mentioned in section 80 for the decision of conflicts of jurisdiction (in regard to which matter a draft shall likewise, if possible, be laid before the next regular Diet, or at any rate before the one fol- lowing), a commission shall be appointed by provisional decree, consisting of an equal number of justice and administrative officials; this commission shall, with judicial independence, base its decision solely upon the existing laws. CONSTITUTION OF WALDECK. 441 The president of the Government and of the Supreme Court shall be ex officio members of this commission; the remaining memoers shall be appointed for the period of the provisional arrangement. Sec. 102. Until another appropriate regulation of the church and school affairs has taken place, the}^ shall be governed by the existing church constitutions and school laws. Sec. 103. [Sec. 103 repealed; cf. note to sec. 47.] The Constitution of May 23, 1849, is hereby put out of torce. Given at Arolsen, August 17, 1852. GEORG VICTOR. WiNTERBERG. L. KlAPP. C. BaUER. PROCLAMATION EEGARDING THE TREATY CONCLUDED ON MARCH 2, 1887, BETWEEN PRUSSIA AND WALDECK-PYRMONT FOR THE CONTINUED ADMINISTRATION OF THE PRINCIPALI- TIES OF. WALDECK AND PYRMONT BY PRUSSIA. The following treaty of March 2 of this year, ratified by His Maj- esty the King of Prus;sia, and His Serene Highness the Prince of Waldeck and Pyrmont, and relating to the continued administration of the Principalities of Waldeck and Pyrmont by Prussia, having received the sanction of the national representatives of both parties as provided in article 11, is hereby published together with the final protocol of the same date. Arolsen, June 11, 1887. VON Saldern, Governmental Director. His Majesty the German Emperor, King of Prussia, and His Se- rene Highness the Prince of Waldeck and Pyrmpnt, being prompted by the desire to procure for the Principalities of Waldeck and Pyr- mont, in future as hitherto, an alleviation of the burdens imposed upon them by their membership in the German Empire, have re- solved to conclude for this purpose a new treaty in lieu of the treaty of November 24, 1877, which expires December 31, 1887, and accord- ingly have empowered : His Majesty the German Emperor, King of Prussia, Privy Finan- cial Counselor Paul Lehnert, and Counselor of Legation Walter Baron von Wangenheim; His Serene Highness the Prince of Wal- deck and Pyrmont, Johannes von Saldern, Governmental Director of the Principalities, and Cabinet Counselor Ferdinand Baron von Wintzingerode, who, after exchanging their full powers, which were found to be in due and proper form, have agreed upon the following articles : Article 1. Prussia shall continue to conduct the internal adminis- tration of the principalities of Waldeck and Pyrmont as undertaken by her. The administration which belongs to the Princely Consistory in its capacity as supreme ecclesiastical authority is excepted and there- fore reserved to His Serene Highness the Prince. Art. 2. The administration shall be conducted in the name of His Serene Highness the Prince in conformity with the Constitution and the laws of the Principalities. Art. 3. Prussia shall receive all the national revenues of the Prin- cipalities and pay all the national expenses with the exception of 442 CONSTITUTION OF WALDECK. 443 those for the Consistory in its capacity as supreme ecclesiastical authority. These latter expenses shall be defrayed for the duration of the treaty by His Serene Highness the Prince. Art. 4. His Majesty the King: of Prussia shall exercise the full governmental authority with respect to the internal administration of the Principalities, as this authority belongs to His Serene High- ness the Prince according to the Constitution. However, the latter shall preserve the right of pardon within the limits prescribed by the Constitution and the law^s. as well as the right of sanction of constitutional amendments and laws, in so far as they do not affect the organization of the judiciary and the administrative authorities (article 6). Art. 5. At the head of the administration of the Principalities shall stand a Governmental Director to be appointed by His Majesty the King, and who shall assume the responsibility constitutionally devolving upon the Government of the land. Art. 6. Prussia shall be entitled to reorganize the judicial and administrative authorities at her own discretion. The powers of the authorities of high rank may be transferred to Prussian authorities. Art. T. All the Government officials shall be appointed by Prus- sia and take their oath of office before His Majesty the King. All of them, incluring the Governmental Director, must conscientiously observe the Constitution of the Principalities and expressly pledge themselves to live up to it strictly. The oath of office of the Governmental Director shall embody a pledge of loyalty and obedience to His Serene Highness the Prince with respect to the rights reserved to the latter in articles 4 and 8 of this treaty. The taking over of a Waldeck official into the Prussian Govern- ment service or of a Prussian official into the Waldeck Government service shall be considered as a transfer within the State into whose service the official is taken over. In determining seniority in service and in calculating length of service of officials, the claims which they have already acquired in this regard in the other State shall be taken fully into account. Art. 8. His Serene Highness the Prince shall exercise the right which he retains of representing the State in foreign affairs, doing so through the Governmental Director and under the responsibility of the latter. The expenses incurred shall, as hitherto, be defrayed from the na- tional treasury. Art. 9. The administration of the domanial property designated in the recess of July 16, 1853, etc., belongs to His Serene Highness the Prince. The governmental offices shall not be utilized for this ad- ministration. 444 CONSTirUTIGNS OF THE GERMAN STATES. The revenues from domanial property shall go to His Serene High- ness the Prince. The royal domain shall not contribute pecuniarily to the expenses of the country ; neither shall any advance be made from the national funds toward the maintenance of His Serene Highness the Prince or the Princely House, or for repairs or reconstruction of princely castles, or for the Consistory, as the supreme ecclesiastical authority. The rights belonging to the Estates of the Principalities with re- spect to the domanial property according to the recess shall not be affected by the present agreement. His Serene Highness the Prince waives the right to any advances which he would be entitled to demand from the national funds for himself and his household or for building castles, etc., during the period from January 1, 1878, to December 31, 1887, according to the treaty of November 24, 1877. On the other hand renunciation is made of all pecuniary contributions which might be claimed for na- tional expenses on the basis of the above-mentioned treaty for the said period from the domanial revenues. Accordingly there remain no claims from the aforementioned period which may still be asserted by one party against the other on the basis of the treaty of November 24, 1877. Art. 10. The present agreement shall take effect from January 1, 1888, and shall remain in force until terminated by His Majesty the Emperor and King or His Serene Highness the Prince. The notice of termination must be given at least two years before the intended abrogation of the treaty, w^liich shall in no event take place before January 1, 1898. Art. 11. The present agrement shall be ratified and the ratifica- tions exchanged as soon as possible in Berlin after the sanction of the national representative bodies of both parties has been given. In witness whereof the plenipotentiaries have signed and sealed this treat}^ Berlin, March 2, 1887. [l. s.] (Signed) Paul Lehnert. [l. s.] (Signed) Walter Baron von Wangenheim. • [l. s.] (Signed) Johannes von Saldern. [x. s.] (Signed) Ferdinand Baron von Wintzingerode. FINAL PROTOCOL. Berlin, March 2, 1887, Upon signing the treaty regarding continuation of the administra- tion of the Principalities of Waldeck and Pyrmont by Prussia, the undersigned plenipotentiaries have embodied the following addi- tional remarks, explanations, and stipulations in the present protocol : CONSTITUTION OF WALDECK. 445 1. All obligations lawfully assumed by the Government treasury of Waldeck-Pyrmont shall be fulfilled by Prussia during the contin- uance of the treaty. 2. His Serene Highness the Prince shall not use the right of sanc- tion of the laws as reserved to him in article 4 of the main treaty in such a way as to hinder the Prussian administration. The person who is to be appointed as Governmental Director shall, before appointment, be made known, to His Serene Highness the Prince. If his appointment is objected to, two other persons shall be nominated, between whom His Serene Highness the Prince shall make a choice within one month. 3. The Waldeck Government employees may, if they desire, be taken into the Prussian Government service in accordance with the regulations governing in Prussia in regard to the qualifications for filling the offices concerned. It shall be the duty of officials thus transferred to the Prussian serv- ice to maintain their status toward the Waldeck Government em- ployees' widows' fund on the basis of the salary at which they are transferred. The Waldeck Government employees' widows' fund shall continue to exist and shall continue to be administered in accordance with the existing regulations. Newly appointed court officials, domanial employees, clergymen, and teachers shall also continue to be entitled to participate in the Government employees' widows' fund according to the existing regu- lations. The payment of interest on the capital invested in establishing the fund shall, as far as it is to come from the W^l^^^k State treasury, be made during the continuance of the treaty by Prussia. 4. The Governmental Director shall have his official headquarters at Arolsen. The State high school {Gymnasimii) and the technical school connected therewith shall be kept up. Prussia shall, as here- tofore, attend to the maintenance and promotion of the horse-breed- ing service. 5. His Serene Highness the Prince obligates himself to allow the buildings and lands belonging to the domanial property and now used for Government purposes to continue to be employed in that behalf. The obligations resting upon the domanial property, as mentioned in the separate protocol to section 10 of the recess of July 16, 1858, under III (c), Avith respect to pike and bridge construction an'ti county roads, continue to e:jiist. The provisions of section 5 of the law of January 30, 1864, regard- ing the annual expenditure of 12,000 marks on the Pyrmont healing and bath institutions, shall not be affected by the present agreement. 446 CONSTITUTIONS OF THE GERMAN STATES. The power of the domanial administration forcibly to collect the domanial revenues continues intact. The archives and the Government library shall, as heretofore, be used and administered in common by the domanial and the Govern- ment administrations. 6. The Government administration shall, as hitherto, afford the Princely Consistory the necessary assistance in carrying out its plans. 7. All goods and chattels formerly belonging to Waldeck and trans- ferred to Prussia by the agreement of July 18, 1867, shall remain tlie property of Prussia. No compensation shall be given for their value. 8. In case the present treaty should not be renewed upon its expira- tion the following rules shall be in force : (a) The judicial and administrative officials in the Principalities shall be free to decide whether they wish to remain in the Govern- ment service of Waldeck or whether, with the consent of Prussia, they wish to enter the Prussian Government service. Those officials who desire to enter the Prussian Government service shall nevertheless, if 3uch be the wish of His Serene Highness the Prince, be obliged to remain in the Waldeck Government service for two 3^ears in consideration of continuing to receive their allotted salary. (h) The goods and chattels transferred to Prussian ownership on the basis of No. 8 of the j5nal protocol of July 18, 1867, shall be trans- ferred so as to become the property of the Waldeck administration, being appraised according to their value in the same manner as pro- vided under No. 8 of said final protocol. If it is found that the value of the goods and chattels exceeds the value of the things ceded to Prussia according to the former evaluation thereof, which must re- main the standard, the difference shall be paid to Prussia, and in the contrary event any diminution in value shall be made good by Prussia to Waldeck. The present protocol, to be laid before the high contracting parties, shall be considered as being jointly ratified through the ratification of the main treaty. [l. s.] (Signed) Paul Lehnert. [l. 8.] (Signed) Walter Baron von Wangenheim. [l. s.] (Signed) Johannes von Saldern. [l. 8.] (Signed) Ferdinand Baron yon Wintzingerode. WURTTEMBERG. CONSTITUTION OF SEPTEMBER 25, 1819.^ [Preamble.] We, Wilhelm, by the grace of God, King of Wiirttemberg, do announce in behalf of us and our guccessors in the Government : Our Father's Majesty and Grace, resting in God, con,sidered seri- ously as early as in the year 1815 the institution of a State funda- mental Constitution for the entire Kingdom of Wiirttemberg, and to that end he entered into negotiations with the princes, counts, noblemen, clergymen of both main denominations, and delegates chosen from cities and governmental districts repre3enting ranks and classes in the Provincial Assembly. These deliberations were continued under our Government until the year 1817. Although the desired object could not be accomplished at that time, we kept this matter firmly in mind ever since and have called a new Provincial Assembly of the Estates for July 13 of the present year to our residential seat at Ludwigsburg, in order to perform our obli- gations a^ member of the German Confederation, laid down in article 13 of the Federal Act, and to comply with the wishes of our loyal subjects in regard to establishing a public order of law, our own convictions being in accord with tliis step. After due consideration of the draft for the Constitution, em- bodying all lawful rights and obligations of our old main land and the new provinces added thereto and drawn up in accordance with present conditions, an agreement has been reached in consequence of the deliberations of the commissions, appointed by us, together with the Privy Council and the Provincial Assembly. The wishes of the ranks and classes were duly and carefully considered after being placed before us ; our findings and conclusion3 were assented to in a counter-statement made by the representatives of our faithful sub- jects, and the following articles were agreed upon : First Chapter. — The Kingdom. Article 1. All constituent parts of the Kingdom remain united as an inseparable entity, and all take part jointly in the Consti- tution. Art. 2. Should the Kingdom in the course of time by purchase, exchange, or other means acquire new territorj^, this shall also come jointly under the Constitution. 1 Translation by George C. Zeydel based on the text as found in Stoerk-Rauchhaupt, pp. 501-531. 447 448 CONSTITUTIONS OF THE GERMAN STATES. As an addition to the realm is considered every new territory not acquired by the King solely for his own person, but by the use of the State powers and efforts, or acquired under the special condition that it hereafter should form a part of the Kingdom. Should the surrender of a part of the country by unavoidable cir- cumstances be deemed necessary, the residents therein should be given ample time to settle with their belongings in another part of the Kingdom, without being compelled to dispose of their property hastily or being subjected to pay a tax on the property to be trans- ferred. Art. 3. The Kingdom of Wiirttemberg is a part of the German Confederation; therefore all organic resolutions of the Federal As- sembly, concerning the constitutional conditions of Germany or the general conditions of German citizen^ are legally binding for Wiirt- temberg after they have been announced by the King. In view of the financial obligations incurred thereby, the Provincial Assembly has according to the Constitution to pass upon such matters. Second Chapter. — The King^ the succession^ and the administration of the realm. Art. 4. The King is the head of the State, unites in his hands all the rights of State power, and executes them under the provisions laid down in the Constitution. His person is sacred and inviolable. Art. 5. The King belongs to one of the Christian confessions. Art. 6. The seat of Government can under no circumstances be transferred to a place outside of the Kingdom. Art. 7. The right of succession belongs to the male descendency of the Royal House, and the same is fixed by the lineal order under the rules of primogeniture. In case of the extinction of the male de- scendency the succession goes to the female line, irrespective of the sex, in such a way that the relationship nearest to the late King and^ in case of equal relationship, the oldest as to natural age, should have preference. In the succession of the new ruling House the male de- scendency shall have preference again. Art. 8. The eligibility to the succession to the throne depends on the legitimate birth from a mother of equal rank, the marriage being approved by the King. Art. 9. The majority of the King is pronounced when he attains the 18th year of age. Art. 10. The oath of allegiance to the successor to the throne will not be taken until he assures in a document presented to the Provin- cial Assembly by His Royal word his strict adherence to the Consti- tution of the land. CONSTITUTION OF WUETTEMBEBG. 449 Art. 11. In case the King is a minor, or for some other reason unable to perform the functions of Government, an administration of the realm will be provided. Art. 12. In both cases the administration will be conducted by the agnate nearest to the succession. If no competent agnate should exist, the regency goes to the mother and after her to the grand- mother of the paternal side. Art. 13.^ Should it appear that the successor to the throne or the heir apparent is mentally or physically incapacitated to rule and un- able to conduct the Government, a special State law should be passed under the ruling King to provide for the future administration of the realm. In case the King during his reign or the successor assuming the throne becomes or should be incap^icitated to rule and provision for this event has been made, the Ministry shall within a year and not later call a meeting of all princes of the Royal House of legal age and not being under legal paternal custody, with the exception of the agnate entitled to assume the regency, and these princes shall with a majority vote and subject to the consent of the Provincial Assembly enact rules regarding the regency. Art. 14. The administrator of the realm must similarly to the King affirm solemnly before the Provincial Assembly that he will abide by the Constitution. Art. 15.^ The State Administrator exercises the State functions to the same extent as the King in behalf of the King, subject to the Constitution; and therefore the State Ministry has the same rela- tions to the administrator as a ruling King. The Administrator of the realm can, however, grant no distinc- tion of higher rank ; he cannot endow any new order of knighthood or create any new positions to the Royal Court. Every amendment or annulment of an article of the Constitution prevails only during the regency and becomes null and void when the regency expires. Es- tates of feudal tenure returned to the realm cannot be bestow^ed again during the regency. Art. 16.^ In case no provision has been made by the King and consequently no announcement has been issued by the Ministry, the education of the minor King is entrusted to the mother, and in case she is not alive, to the grandmother of the paternal side. The ap- pointment of the educators and teachers of the minor can, however, only be made after consultation with the council of guardians con- sisting of the members of the State Ministry under the chairmanship ^By article 13, sec. 2, article 15, sec. 1 and article 16 of law of July 15, 1911. the Privy Council was supplanted by the State Ministry and an alteration of the wording in article 15, sec. 2, was made. Q2975— 19 29 . 450 CONSTITUTIONS OF THE GEBMAN STATES. of the administrator of the realm. The latter is entitled to a vote, and in case of a tie he has the deciding vote. If any differences of opinion should arise, the decision of the council of guardians prevails, and this body solely takes care of the education of the minor King in case of the death of both mother and grandmother. Art. 17. The administration of the realm ceases as soon as the King attains the legal age and all obstacles to his own rulership have been removed. Art. 18. The relations of the members of the Royal House toward the King as head of the family and among themselves are defined in a separate House Law.^ Third Chapter. — General legal status of the State citizens. Art. 19. The State rights of citizenship are acquired by birth, when the father of children of legitimate birth has these rights, or, for those of illegitimate birth, in case the mother possesses these rights; furthermore by admission to citizenship. In the latter case it is presumed that the applicant has received the assurance from some commune that he will be admitted to the rights of a townsman. By employment in the State service the citizenship is also granted, but only for the term of office. Art. 20. The oath of allegiance must be taken by every native of Wiirttemberg when he attains the age of 16 and must be adminis- tered to all others at the time of admission to citizenship. Art. 21. All citizens of Wiirttemberg enjoy equal civic rights and are bound to share equal civic diities and State burdens, in so far as the Constitution does not contain any exceptions. They have also to manifest equal obedience in accordance with the Constitution. Art. 22. No citizen can be barred from a State position on account of his birth. Art. 23. The obligations in regard to the defense of the Father- land and the military service are general. In the latter respect no exceptions are made outside of those laid down in the Federal Act and the existing laws.^ In regard to the right to carry arms a law will contain detailed l)rovisions. Art. 24. The State assures every citizen of freedom of the person, freedom of conscience and thought, freedom as to property and emigration. Art. 25. Serfdom has forever been abolished. 1 Executed by the Royal House Law of June 8, 1828. Cf. H. Schulze, Hausgenetxe V. 512 flf. 2 The Federal Act is supplanted by the Military Agreement of 21/'2o Novoinbor, 1870 ; Imperial Military Law of May 2, 1874. CONSTITUTION OF WURTTEMBERG. 451 Art. 26. Nobody shall be deprived of justice, and arrests shall only be made and punishment meted out in cases defined by law and in legal form. Nobody shall longer than a period of twenty-four hours after arrest be kept in ignorance as to the nature of the charge against him. Art. 27.^ Every person, irrespective of difference of religion, en- joys in the Kingdom undisturbed freedom of conscience. The civic rights are separate from the religious faith. Art. 28. The freedom of the press and the sale of books are as- sured to full extent, but subject to the laws dealing with the abuse of these privileges. Art. 29. Everybody has the right to choose his station in life and his trade according to his desire and to acquire the necessary educa- tion or training in domestic or foreign countries. He may study for that purpose at foreign educational institutions, in accordance with the legal provisions. Art. 30.2 Nobod}^ can be compelled to surrender his property or rights for State or corporation purposes before a decision as to the necessity of such seizure is rendered in regular proceeding by the proper authorities and full indemnity has been paid. If a dispute arises about the amount of the indemnity, and in case the owner is not satisfied with the decision of the administrating authorities, the matter must be disposed of in due process of law. The allowed sum, however, must be paid forthwith to the owner. The church congregations have the same legal standing regarding condemnation proceedings as the civic (;orporations. Art. 31. Exclusive privileges for commerce and trade can only be granted by a law or some existing legal provision covering the case, with the consent of the Provincial Assembly. The Government has discretionary power to award for useful in- ventions patents entitling to the exclusive use of same for a period of ten years. Art. 32. Every citizen is at liberty to emigrate from the Kingdom without paying any tax, as soon as he gives notice of his intention, has paid all his debts, met his obligations, and gives assurances that he shall not bear arms against the King and Fatherland for a year, and respond to all claims made against him in the Kingdom for the same length of time. Art. 33. By leaving the country the emigrant loses the civic rights for his own person and the children departing with him. The property of those children who do not emigrate with their parents will be kept in the country. 1 Article 27, section 2, newly drawn up by the law of December 31, 1861. 2 Article 30 newly framod by law of December 20, 1888. 462 CONSTITUTIONS OF THE GERMAN STATES. Art. 34. Whoever joins the service of a foreign state without offi- cial consent loses his citizen rights. Art. 35. He who takes up a permanent residence in a foreign state can maintain his citizen rights in Wiirttemberg only with Royal consent and when assurance is given that he will fulfil all his duties as citizen in every respect. Art. 36. Everybody has the right to make complaint in writing about an unlawful or improper procedure of State officials or a delay of a decision to a superior bureau, and, if necessary, follow up the matter to the higher authorities successively. Art. 37. In case the superior department considers the complaint unfounded, it is its duty to inform the complainant as to the reasons for its findings. Art. 38.^ If the complainant is not satisfied with the adverse deci- sion of the highest State authorities, he has the right to present his case to the Provincial Assembly. This body may apply to the State Ministry for full information, after it has been proven that the com- plainant took the proper proceedings, in case the Provincial Assembly thinks the complaint has merits and deserves consideration. Art. 39. The knightly nobility of the Kingdom forms in the four districts of the realm a corporation for the purpose of choosing delegates to the Provincial Assembly and for the furtherance of the welfare of its families. Art. 40. The admission to any of these corporations depends on its consent and the approval of the King. In regard to the admission of knighted owners of registered estates provisions are made by the statutes of the said corporations. Art. 41. Said statutes acquire legal force in the same manner as the' laws of the country.^ Art. 42. The members of the knighthood are entitled to all rights of State citizenship. The particular provisions in reference to the exercise of the rights conceded to the knighthood in article 14 of the Federal Act will be communicated to the Provincial Assembly. Fourth Chapter. — The State authorities. Art. 43. The servants of the State will be appointed by the King with the exceptions made by the Constitution or granted by special rights. Appointments — the heads of departments excepted — are t^ be made according to the suggestions of the superior officials, but the full list of the applicants has to be submitted in every case. 1 The jurisdiction of the Privy Council in the cases defined in articles 38, l26, and 100, sees. 2 and 4 of the Constitution, has been transferred to the State Ministry. Law of July 1, 1876, article 8. Compare note to article 56. ■ The corooratlons of knifihthood proposed by articles 39-41 have not been created. CONSTITUTION OF WURTTEMBEEG. 453 Art. 44. Nobody can receive a State position before he has been duly examined and has shown his fitness. Natives shall have prefer- ence before foreigners in case of equal efficiency. Art. 45. The official oath which must be taken by every State em- ployee should contain the pledge to obey the Constitution conscien- tiously. Art. 46. No servant of the State holding a position as a judge, can be removed from office for any reason without the decision of a judge, nor can he be dismissed or transferred to a minor position. Arts. 47 and 48.^ Art. 49.- Art. 50. As for State employees incapacitated by sickness or age and unable to fill their positions any longer, provision has been made as to their support and that of their family. Art. 51. All orders given by the King and concerning the State administration must be countersigned by the respective official or head of the department, and this official is responsible for their contents. Art. 5-2. Furthermore every official of the Ministry or head of a department is responsible for any disposition made by him and the conduct of the affairs of his department. Art. 53. In the same manner (article 52) the other servants of the State and authorities are responsible for the discharge of their duties in their respective bureaus. They have to respect and to abide by the orders given them by their proper superiors. . Whenever they are in doubt as to whether an official giving them orders has the authority to do so, they must inquire of their superiors as to the propriety of such order. In case they have doubt in regard to the wisdom of an order given by their superior, they may in proper form call the attention of the superiors to the alleged defects of the order, but must carry it out in cage the superiors insist thereon. Arts. 54 and 55.-^ Art. 56.* The administrative departments presided over by the various officials of the Ministry are the following : The Ministry of Justice, the Ministry of Foreign Affairs, the Min- istry of the Interior, the Ministry of the Churches and Schools, the Ministry of War, and the Ministry of Finance. Arts. 57-59,3 ^rt. 60,^ and Art. 61.« ^ Articles 47 and 48 revoked by law of July 15, 1911. 2 Revoked by law of June 28, 1876, article in. 3 Articles 54, 55, 57-59. 61 and the headings sub A and B have been revoked by law of July 15, 1911. * Articles 38, 54, 56, 58, 59, 126, 160, sees. 2 and 4, and article 172, sec. 2, have been amended in accordance with the provisions of the Constitutional Law, concerning the creation of the State Ministry of July 1, 1876. 6 Article 60, nos. 1 and 2, annulled by law of December 16, 1876, no. 3 by law of December 20. 1888. 454 CONSTITTJTIONS OF THE GERMAN STATES. FiiTH Chapter. — CoTn/munes and other puhlw corporations. Art. 62. The communes and other civic corporations are the foundation of the State organization. Every citizen must therefore belong to a city or commune either as citizen or assessor. Art. 03. The admission of citizens and assessors rests with the town authorities but is subject to the decision rendered by the State departments in disputed cases. The granting of the town rights should be preceded by acquiring the State rights of citizenship. Art. 64. All communes belonging to a governmental district form such a district. The reorganization of these districts is subject to legislation. Art. 65. The rights of the town corporations are exercised by the local councillors with the cooperation of citizen committees, the functions of the district by meeting of the various representatives under the provisions of the law and the supervision of the State authorities. Art. 66. No Government department has the right to dispose ot property of the towns or district corporations without consulting the local supervisors. Art. 67. Neither the district corporations nor the various com- munes shall be burdened with any obligation to which they are not pledged by provisions of the law, or in accordance with privileges or the stock-books. Art. 68. Whatever can not be used for local needs but to fulfill general obligations must be apportioned over the whole country and spent accordingly. .Art. 69. All the chairmen of communes and district corporations are pledged just as State employees to abide by the Constitution and to maintain the rights of the communes and district corporations as laid down in the Constitution. Sixth CiiAvn.u— Relations of the churches to the State. Art. 70. To each of the three Christian denominations existing in the Kingdom have been guaranteed free public divine services and the full enjoyment of the church, school, and pauper funds. Art. 71. All regulations in regard to internal church affairs are left to the autonomy of the Church, assured in the Constitution. Art. 72.* To the King belongs the sovereign right of protection and supervision of the churches. Regulations and circular announcements sent by the Archbishop and the Bishop, as well as other ecclesiastical authorities, to the clergy must be approved by the State if the clergy by these orders should 1 Paragraphs 2 and 3 were added by law of January 30, 1862. CONSTITUTION OF WURTTEMBERG. 455 be pledged to something outside of their religious activities, or if matters are brought up in them affecting State or civic affairs. An- nouncements of purely church affairs must be forwarded to the au- thorities for inspection onl}. The same provision prevails in regard to resolutions passed by tho dioceses and provincial synods, as well as to papal decrees, breves, and other orders, which can only be announced b}^ the Bishop. Art. 73. The servants of the Church are, in view of their civic relations and activities, subject to the temporal authorities. Art. 74. Employees of churches and schools who b}^ the infirmities of age or longer sickness without hope of recovery are incapacitated to perform their duties can claim an adequate pension for life. Art. 75. The church management of the P^vangelical-Lutheran Church w411 be conducted by the Royal Consistory and the synods ac- cording to the existing laws and the laws enacted in the future. Art. 76. Should the King in the future adhere to another de- nomination than the Evangelical, his episcopal rights must be modi- fied in accordance with the change. Art. 77. The separate management of the Evangelical Church property of the former Duchy of Wiirttemberg shall be reestab- lished. To that end a joint commission will be inmiediately ap- pointed to undertake a division of the funds and property of the Church in the old and new provinces and to make suggestions for the future management of the church property of the two sections. Art. 78. The administration of the internal affairs of the Catholic Church rests with the Bishop of the country and the chapter of the cathedral. The Bishop will in cooperation with the chapter exer- cise all those rights which are vested in him according with the rules and order of the Catholic Church. Art. 79. The powers which the State exercises over the Catholic Church are entrusted by the King to a board consisting of Catholics who shall make suggestions for the filling of ecclesiastical positions which are under the King's supervision. Art. 80. The servants of Catholic churches enjoy the same per- sonal privileges as the servants of the Protestant churches. Art. 81. It shall also be provided that Catholic clergymen who for some minor reason have been dismissed from service in a parish but without being barred from the priesthood should be taken care of. Art. 82. The Catholic Church receives money from time to time for the providing of religious need, for which none or only insuffi- cient funds exist, and from the receipts of a special church fund shall- be defrayed the expenses of the higher institutions of learn- ing. In order to separate this fund from the State property and to devise the mode of management, a commission will be appointed as 456 CONSTtTUTIONS OF THE GERMAN STATES. above described (article 77) in regard to the older Wiirttemberg church property. Art. 83. As far as it concerns the reformed congregations existing in the Kingdom, the improvement of their church property and their educational institutions will be taken care of, and means shall be pro- vided for the maintenance and the support of the employees and the other needs. Art. 84. For the maintenance and the betterment of the higher and lower educational institutions of every kind and especially the Uni- versity of the land ample means shall be supplied. Seventh Chapter. — The exercise of the State authority. Art. 85. The King represents the State in all its relations toward other States. Without the consent of the Provincial Diet no treaty can, however, be consummated with a foreign power as to the sur- render of any State territory, no new financial burdens be taken over, no law of the land be altered or annulled, and no obligations interfering with the rights of citizens be incurred without its consent. Likewise no commercial treaty aifecting the present laws and no sub- sidy treaty for the use of Royal troops in a war not concerning (rermany can be entered upon. Art. 86. The King shall notify the Provincial Diet of any pact and alliances concluded with foreign powers, as soon as circum- stances permit it. Art. 87. All subsidies and war contributions, as well as indemni- ties received or other acquisitions taken over by the King in conse- quence of any State treaty, alliance, or a war are the property of the State. Art. 88. Without the consent of the Provincial Diet no law can be enacted, altered, or authentically defined. Art. 89. The King has, however, the right to issue orders and make preparations for the execution of laws and to provide for necessary action in urgent cases concerning the safety of the State. Art. 90. These provisions (articles 88, 89) apply also to all laws and ordinances to be carried out by the police authorities. Art. 91. All laws and ordinances which conflict with a provision of the present Constitution are hereby revoked. The others are sub- ject to a constitutional revision. Art. 92. The administration of justice is to be carried out in behalf of the King and under his supreme supervision by duly or- ganized courts of lower and higher order. Art. 93. The courts, the civil as well as the criminal, are inde- pendent within the bounds of their jurisdiction. CONSTITUTION OF WUETTEMBEEG. 457 Art. 94. The Royal Government will in all legal disputes and trials abide by the decision of the court. Art. 95. The way to justice can not be barred to any citizen who is aggrieved by any act of State authorities by which his private rights are affected. Art. 96. The decisions of the criminal courts do not require the confirmation of the ruler to go into force. Art. 97. The King, however, has the power, under the right of pardon, to set aside a sentence or commute it after he has received from the court the papers in the case. The criminal courts have, therefore, the obligation in grave cases to submit the papers through the Ministry of Justice to the King before they pronounce sentence, ^ in order to enable him to pardon the defendant. The convicted person has furthermore the right to appeal to the King for a pardon after the sentence has been pronounced. If there. are, according to the opinion of the Ministry of Justice in a criminal case, sufficient reasons to drop it, the King can by means of the right of abolition vested in him order to suspend the proceeding even before the case has been investigated or a conviction has been secured. The King in exercising these rights will take good care that the respect for the criminal law and its efficiency shall not be impaired. Art. 98. The punishment regarding the confiscation of an estate has been generally annulled. Art. 99. As far as the military regulations are concerned, the number of men annuall}^ required to make up the quota of the Royal army shall be agreed upon with the Provincial Diet. Art. 100. By legislation and revision of laws the order of selection and further particulars in regard to measures of defense, the obli- gations of citizens to receive training outside of military service, the civic relations of the men serving in the army, the military penal laws, as well as the defining of circumstances under which in ex- ceptional cases the Royal military force can be quartered in the homes of citizens shall be provided for. Art. 101. For the support of military persons who, serving the Fatherland, have made sacrifices in having their health impaired, provision is made by law. Eighth Chapter. — Finances. Art. 102. All property, income, and valuable rights, which be- longed to the former entail of the ducal family of Wiirttemberg, as well as those parcels of land and rights newly acquired by the King, Avith the exception of the court domanial estate, form the Royal domain. Art. 103. From this domain there are to be defrayed the expenses for the personal needs of the King as head of the State and of the 458 CONSTITUTIONS OF THE GERMAN STATES. members of the Royal House, a3 well as the cost of representation, as far as possible. The domain in this respect is inseperable from the Kingdom. Art. 104. For the further funds required to cover the needs of the^ King and the household a civil list is provided for the reign of each King, and the revenues of this list, consisting in money and natural products, will be handed over to the bureau designated by the King- in regular intervals. Art. 105. The emoluments, widows' pensions, dowries, and other con- tributions of similar nature that can be claimed by members of the Royal family, will be paid to them directly from the State treasury. Art. 106. The expenses of the household of the State Administra- tor shall be defrayed from the civil list and his princely emoluments will be increased to the amount allowed to a crown prince. Art. 107.^ The domain is to be kept intact and can not be dimin- ished by sale or burdened with debts or liens. It is not considered a diminishing of the domain if a loan is secured for the sake of acquiring valuable additional property, or a sale or exchange of property seems to be of advantage. An account- ing of such transactions must be made, however, every year to the Provincial Diet (and a detailed report as to them). It is not considered a sale if the King awards an estate of feudal tenure, which has been surrendered to him, to another party in recognition of valuable services rendered to the State. Art. 108. The aforesaid domanial estate of the Court (article 102) is the private property of the Royal family, and its management and use belongs to the King. The estate as such shall not be diminished, but, as far as loans or other transactions are concerned, the principles laid down in the previous paragraphs apply to this property. In regard to the general tax burdens of the State, the court domanial estate, as far as it has been heretofore exempt from taxation, assumes proportionally its share, as other estates of similar character. Art. 109. As far as the income from the domain is not sufficient, the needs of the State are to be covered by taxation. Without the con- sent of the Provincial Diet no direct or indirect tax can be enacted or collected either in war or peace times. Art. 110. The request for the enactment of a new tax measure must be preceded by a detailed statement in regard to the necessity and usefulness of the proposed new^ expenditure, about the expend- ing of the previous State receipts, and about the inadequacy of the proceeds of the domains to cover the new needs. Art. 111. To that end the Minister of Finance must submit to the Provincial Diet the main budget for examination. The various ministers must explain the expenditures for their departments. , 1 Article 107, sec. 3, has become irieflPectlve by law of October 8, 1874, concerning the abolition of fendal privileges. CONSTITUTION OF WtJRTTEMBERG. 459 Art. 112. The main budget is approved by the Provincial Diet as a rule for a term of three years. Art. 113. No conditions shall be attached to the appropriations which do not concern the purpose for which the moneys are to be spent. Art. 114. The annual taxes authorized for a certain period of time will be collected also after the expiration of that term for a third of the year, but this will be considered in the making of the new ap- propriations. Art. 115. Taxes are apportioned among the corporations and dis- tributed by these among the separate communes and estate-holders who belong to no commune. The estate-holders pay their quota directly to the collectors. Art. 116. The tax collectors nnd the 3upervising officials shall hand parts of the receipts over to the State treasury and the other part to the sinking fund bureau according to the provisions em- bodied in the original appropriation. The tax receivers are re- sponsible for the proper disposition of the moneys collected by them, and they have no right to hand the money over to any other authority than the one prescribed by law. Art. 117. The superior administration for the collection of taxes is entrusted to a central body. This has charge of the indirect taxes and the collection, the repartition of the direct taxes and their col- lection, granting of reduction of taxes in accordance with the prin- ciples governing such cases, and it shall report to the Ministry of Finance as to repartitions and its work in general. Art. 118. The Ministry of Finance has to report to the Provincial Assembly on the tax repartition and shall present monthly state- ments in regard to the tax receipts and taxes not paid. Art. 119. The State debts, those incurred by the new provinces included, are guaranteed by the Provincial Diet. Art. 120. The bureau for the redemption of debts or sinking fpnd is managed by officials appointed by the Provincial Diet and con- firmed by the Government, in accordance with the principles laid down for that purpose. Art. 121. Monthly financial reports have to be submitted to the executive committee of the Provincial Diet, and a copy of this is to be forwarded to the Ministry of Finance. Art. 122. The Government is by virtue of its supreme supervising authority at liberty to examine this bureau and its treasury at any time. Art. 123. The annual account shall be examined by a Royal and by a Provincial Commission, and the result is to be published in printing. 460 CONSTITUTIONS OF THE GERMAN STATES. Ninth Chapter. — The Provincial Diet.^ Art. 124. The Provincial Diet has the duty to maintain the rights of the country in its relations to the regent within the provisions of the Constitution. By virtue of this duty it must take part in legis- lation by giving its consent thereto, in regard to deficiencies or abuses shown in the State administration; it may present these to the King as well as complaints in regard to unconstitutional acts. It has to enact new taxes and appropriations after careful consideration and in general further the welfare of the King, which is inseparable from that of the country, under strict adherence to the principles of the Constitution. Art. 125. Matters that according to their nature (article 124) be- long before the Provincial Diet shall in no case be submitted from the King, the Government, the Provincial Diet or its executive com- mittee to a single class represented in the Assembly, nor shall state- ments in regard to such matter/s be asked for from Assembly members, municipal or provincial bureaus. Art. 126.2 The State Ministry is the department through which the King conveys his announcements to the Provincial Diet and by means of which the Provincial Diet must communicate its wishes, statements, and petitions to the King. The State Ministry must present the same to the King unless it has objections to make, which will be aired before the Provincial Diet. The resolutions o;f the Provincial Diet are to be accompanied by the reports and opinions as to their constitutionality. Art. 127. The King shall call the Provincial Diet every three years and special sessions as often as it is deemed necessary for the settle- ment of State affairs. At every change of rulership the Provincial Diet shall be called within the first four weeks. Art. 128. The Provincial Diet consists of two branches. Art. 129.^ The First Chamber consists of : 1 By an amendment of July 1, 1849, voted doyvn after the Diet had been dissolved three times, it was Intended to return to the unicameral system. 2 Compare note to article 38. 3 Articles 129 and 180 newly framed by law of July 16, 1906, concerning alterations of the Ninth Chapter of the Constitution, articles 1 and 2 ; article 131 revoked : article 132 newly framed ; and article 132 a and & inserted by article 3 ; article 133 newly framed, and article 183 a inserted by articles 4 and 5 ; article 184, sec. 2, and article 135 newly framed by articles 6 and 7 ; articles 136 and 137 revoked by article 8 ; articles 142 and 143 newly framed by articles 9 and 10 ; article 144 newly framed, and article 144 a inserted by article 11 ; article 145 revoked by article 12 ; articles 146 and 147 newly framed by articles 13 and 14 ; article 148 revoked by article 15 ; articles 151 and 153 newly framed by articles 16 and 17 ; articles 156-159, sec, 1, by articles 18-21 ; articles 162, 164, sec. 3, and article 169 by articles 22-24 ; article 173 by article 25 ; articles 181, 184, and 186, sec. 3, by articles 26-28; articles 193 and 194, sees. 2 and 4, by articles 29 and 30. This law, thoroughly altering the Constitution, took effect on Decem- ber 1, 1906. On July 16, 1906. the election law for the Diet was also thoroughly altered. CONSTITUTION OF WURTTEMBERG. 461 (1) The princes of the Royal House; (2) The heads of the princely families and the families of counts whose possessions were formerly privileged to a vote in the Imperial Diet and the circuit-council, as well as the heads of the families of the Counts of Rechberg and von Neip- perg, as long as they are in possession of their real estate, incorporated in a family entail and subject to the rule of primogeniture, in the Kingdom ; (3) Not more than six members appointed by the King for life-time ; (4) Eight members of the knightly nobility (cf. article 132) ; (5) The President of the Evangelical Consistory, the Presi- dent of the Evangelical Synod of the country — in case of a vacancy by the substitute provided by the synodal order — and two Evangelical general superintendents; furthermore a rep- resentative of the Episcopal chancery (the Bishop and the cathedral chapter), as well as one of the Catholic deans chosen by them from among their midst (compare articles 132«, sees. 1 and 2) ; (6) A representative each from the State University at Tiib- ingen and the Poly technical High School at Stuttgart (compare article 132«, sec. 3) ; (7) Two representatives each from the branches of commerce and industry, two representatives from agriculture and one of the trades (article 1326). Art. 130.^ In so far as rights to seats of the Provincial Diet de- fined in article 129, no. 2, cease by other causes than voluntary resolution, the maximum number of the members appointed by the King for lifetime increases accordingly. Akt. 131.^ Art. 132.^ The eight knightly members of the First Chamber must be chosen from the registered owners or part-owners of the landed estates of noblemen among themselves. The election takes place in Stuttgart under the direction of a commission designated by the Ministry of the Interior and consist- ing of a chairman and two associates chosen from among the eligi- ble members of the knightly nobility. Art. 132<2.^ The two Evangelical general superintendents will be chosen under the direction of an election commissioner designated by the Ministry of the Church and School Department from all the general superintendents from among their own ranks. The represen- tative of the episcopal chancery is to be chosen by the same from among their ranks. 1 Compare note to article 129. 462 CONSTITUTIONS OF THE GERMAN STATES. The election of a Catholic clean is to be performed by all the Deans belonging to the Episcopate nnder the direction of an election-com- missioner designated by the Ministn' of the Church and School Department. The representatives of the State University and the Polytechnical High School shall be chosen by the academic senate of the institu- tions from among its membei*s. ^ Art. 1326.^ The representatives of commerce and industrj^, agri- culture, and trade shall be appointed by the King for a legislative term. The appointees are proposed by the duly organized profes- sional corporations and in such a way that the representatives of commerce and industry shall be designated by the chambers of com- merce from among their membership, the representatives of trade by the boards of trade from among their membership, and the representatives of agriculture, as long as the lawfully provided chambers of agriculture have not been established as j^et. by the executive members of the rural district associations, but only owners, lessees, beneficiaries, or managers of farms may be proposed. A number twice as great as the number of those to be appointed shall be proposed for such appointment, and in case one or several of the appointees do not assume office or retire, their seats can be filled by others taken from that list. Art. 133.^ The Second Chamber (Chamber of Deputies) con- sists of : (1) One deputy each from every superior governmental cir- cuit ; (2) Six deputies of the city of Stuttgart and one deputy each from the cities of Tiibingen, Ludwigsburg, Ellwangen, Ulm, Heilbronn, and Reutlingen ; (3) Seventeen deputies of two State election districts, of which the first comprising the Neckar circuit and the Jagst cir- cuit, chooses nine deputies, while the Black Forest circuit and the Danube circuit are included in the second district, which is en- titled to eight deputies. A change in the apportionment of the districts of the country is a subject of regular legislation. ^ Art. 133^.^ The deputies of the Second Chamber (article 133) are directly elected by those State citizens who are according to article 142 entitled to exercise the suffrage. They must have settled there and reside there permanently. Art. 134.^ The admission to the Fii'st Chamber on the part of the members of the royal family and of the other hereditary member^ takes place when they attain the legal age which for the former has 1 (Compare not<' to article 120. CONSTITUTION OF WURTTEMBERG. 463 been provided in the House Laws and for the latter by the common laws. Only such persons can be elected or appointed for the First and Second Chambers who on the day of election or appointment have already attained the age of 25. Art. 135.^ For admission to the Provincial Diet a persdn must be of the male sex, possess the State citizenship of Wiirttemberg and residence in the Kingdom. It is presumed that the members men- tioned in article 129, nos. 1 and 2, have their seat of residence in the Oerman P]mpire. In the case of election or appointment the new member must have p()S3essed the State rights of citizenship on the day of election or appointment. A seat of residence is ascribed to a person in the sense of section 1 in such a place where the circumstances indicate that he has settled permanently. Persons whom the rights of suffrage have been denied under ar- ticle 142, sec. 2, nos. 1 to 4, are excluded from the admission to the Provincial Diet. Arts. 136 and 137.^ Arts. 138-141.^ Art. 142.^ For the right to exercise the suffrage for the Provincial Assembly one is required to be of the male sex, being iji the posses- sion of the State citizenship of Wiu'ttemberg and having attained the age of 25. From the privilege of suffrage are excluded : (1) Persons who are under guardianship or under a commit- tee for mental defects or other reasons ; (2) Persons being bankrupt during the time of proceeding ; (3) Persons who — the case of a temporary misfortune ex- cepted — are supported as paupers by public means, or have drawn such money in the year preceeding the election and have not returned the money before the list of electors has been completed ; (4) Persons who in consequence of a legal conviction have been deprived of their civic rights for the time provided, until they have been reinstated to their rights. Art. 142fl.^ The election is performed by secret ballot. Art. 143.^ The right of suffrage cannot be exercised by proxy. Art. 144.1 j^^ ^j^^ election for the First Chamber (articles 132 and 132a) and at the election of the deputies from the superior govern- mental circuits and cities for the Second Chamber only such persons ^Compare note to article 120. 2 Articles 138-141 rescinded by law of March 2G. 18(58. » Article 142a inserted by law of March 26, 1868, article 5. 464 CONSTITUTIONS OF THE GERMAN STATES. are considered as elected who have received more than half of the valid votes in the fir-t ballot, the reservations of section 3 being observed. If no such majority has been attained, another ballot has to be or- dered, at which the proportional majority decides. In case of an equal number of votes cast, the election is to be decided by drawing of lots. The six deputies of the city of Stuttgart and the seventeen deputies of the two State election circuits will be chosen in one ballot in ac- cordance with the principles of the roll of proportional election. J. Art. 144ff.^ The proposals for appointment of the representatives of commerce, industry, and agriculture, as well as the trades, for the First Chamber (article 132&) are also to be conducted by election in accordance with article 144, sections 1 and 2. Art. 145.^ Art. 146.^ Anyone can be chosen as a deputy to the Second Cham- ber who does not lack any of the qualifications set forth above in articles 134 and 135. State employees can, however, in the elec- tions for the superior governmental districts and for the cities, not be chosen for the district in which they exercise their official func- tions, and church employees not in the district where they reside. The members belonging to the First Chamber through their birth or office cannot be elected to the Second Chamber. Officials require no leave of absence if elected. In case an elected member to the Provincial Diet accepts a salaried Federal or State office or assumes a position in such service to which a higher salary or rank is attached, he loses his seat and vote in the Provincial Diet and can only occupy a seat therein by a new election. Art. 147.^ Those elected several times to the Provincial Diet can only accept one seat. Nobody can be at the same time member of both Chambers. Art. 148.^ Arts. 149 and 150.^ Art. 151.^ The provisions for the propositional elections for the calling of representatives of commerce, industry, and agriculture, as well as the trades, to the First Chamber and regarding the election of deputies to the Second Chamber are defined in detail by law. The members of the election commissions cannot be chosen in a ballot which they conduct. In the same way members of the Iniighthood conducting the ballot for that rank are not eligible. ^ Compare note to article 129, ^Articlos 149 and ino rovokcd by law of March 26, 1868, articles 9 and 10. CONSTITUTIOK OF WURTTEMBERG. 465 Art. 152.1 Art. 153.^ In case the pernon elected (articles 132, 132a, 133) has not accepted the election, a new election is to be ordered. For the ballot conducted under the principles of the proportional election, this provision does not apply. Art. 154.^ After the ballot a certificate of election duly signed by the person^ having conducted the ballot shall be issued to the elected delegates as legal evidence of their election. Art. 155. The one elected is to be considered not as deputy of the particular district but of the whole country. He can therefore not be bound by any instruction as to his future vote in the Provincial Assembly. Art. 156.^ The members of both Chambers have to exercise their right of voting personally. Nobody can make claim to a double vote. The right to a substitute is accorded to the members of the First Chamber before mentioned (article 129, no. 2), in so far as they are unable to appear personally in the First Chamber owing to sickness or other causes, as long as they are not hindered by any circumstances described in article 142, sec. 2, nos. 2-4. If the cause has been found proper, an agnate may be substituted. If one of the members described in article 129, no. 2, is under guardianship, the guardian can delegate an agnate with the functions as a substitute, or, if he himself is an agnate, assume the mandate of a substitute. The substitute must possess the qualifications required for admis- sion to the Assembly (article 134, sec. 1; article 135 and article 142, sec. 2, nos. 1-4). Art. 157.^ After the expiration of six years from the date of the last general main election, conducted in the superior governmental districts and cities for the Second Chamber, a. new election of all members to this body chosen by popular vote must be ordered. The old members are eligible again. Art. 158.2 During this term of six years a retirement of a member, except in cases of voluntary resignations (cf. also article 147, sec. 2), or of article 146, sec. 4, or a legally pronounced expulsion, only take? plate when the member 1. loses the real e.state, the rank, or the position which quali- fied him for said seat; 2. loses in the meantime any of the qualifications set forth (articles 135 and 142, sec. 2, nos. 1-4)^ 1 Article 152 revoked by law of March 26, 1868, article 11. - Compare note to article 120. * Article 154 newly framed by law of March 26, 1868, article 13. 02975—19 30 466 CONSTITUTIONS OF THE OERMAN STATES. In case of a retirement, a new deputy has to be chosen for the unexpired term, provided the retiring member lias not been chosen according to the principles of a proportional election. Art. 159.^ The members of both Chambers have to present be- fore the opening of the same to the Assembly Committee the notice of opening, to be accompanied in case of a substitute by l)roofs to that effect, and the election certificate or a certified copv oi the election proceedings. The newly elected members of tlie executive committee ha\"e to l>resent their credentials to the members heretofore qualified. It depends on the King to delegate commissioners to pass upon the legality of the mandates of the deputies. Art. 160.- The First Chamber has a quorum with the presence of one-half of its members, the Second Chamber with the presence of two-thirds of its members. The Diet Committee has to report to the State Ministry a day before the date set in the call in regard to the approval of the cre- dentials of the members. The King shall thereupon, in case the qualified members constitute a quorum, open the Chambers jointly, and the president of the First Chamber appointed by the King, or, if the president is not yet ap- pointed, the former president of that Chamber presides over the meeting. The admission of the later arriving members and the disposition in regard to the other cases of eligibility of members still pending rests hereafter with the respective Chamber. A report about the result has to be submitted to the State Ministry, and the other Cham- ber must be notified also. Art. 161. Should one of the bodies at the opening not be repre- sented by the necessary number of members required by article 160, it will be considered as in agreement to the resolutions passed by the other Chamber. In this case, however, the members of the Chamber having no quorum have the privilege to attend the session of the other Chamber and to take part in the vote. Art. 162.^ The order of seats and the mode of voting shall be de- termined in both Chambers by the order of business. Art. 163. Every member of the First and Second Chamber, in assuming his duties, must take the oath of the Diet, as follows : I solemnly swejir to abide by the Constitution jind to counsel and promote in the Assembly the Inseparable welfare of the Kinjj: and the Fatherland faith- fully and conscientiously and irrespective of any other consideration, in accord- ance with my own conviction. So help me God, 1 Compare note to article 129. 'Compare note to article 38. CONSTITUTION OF WURTTEMBERG. 4iB7 The oath of the Diet shall be administered to a new entering mem- ber either by the King himself or by the minister who has been authorized to open the session, and the oath will be taken furthermore before the president of every Chamber. Art. 164.^ The executiA-e committee of the Diet consists of a presi- dent and a vice-president in each of the two Chambers. The term of office extends over the regular legislative period (articles 127 and 190). The president of the First Chamber is appointed by the King without proposal. The vice-president is chosen by the First Chamber from among its members by absolute majority, and likewise the Chamber can choose a second vice-president for ]the term set forth in section 1. In case the president does not belong to the knighthood (article 129, no. 2), the first vice-president must be taken from the nobility. If it should occur by a change in the person of the presi- dent that neither the president nor the first vice-president belongs to the rank of nobility, then the office of the latter becomes vacant automatically and a new election has to take place. The Chamber of the Deputies elects by absolute majority from among its midst the president and vice-president. It can also choose for the term described in section 1 a second vice-president. If no absolute majority has been secured, the three meml)ers having received the largest vote are to be voted upon in a second ballot. If no absolute majority can be secured in the second ballot, the two members who have received the greatest number of votes will be placed in nomination again, and, if they receive in the third ballot an equal number of votes, lots will be drawn to decide the election. As long as no president or vice-president has been provided for, or in case they are unable to appear, the presidency is to be assumed by the member oldest in age. If this member declines to serve, the one next in age shall take charge. Each of the two Chambers chooses from among its members by plurality vote the necessary number of secretaries. The King shall be notified as to all elections. Art. 164a.^ Every Chamber adopts its order of business within the constitutional limits. Arts. 165 and 166.« Art. 167.* The sessions of both Chambers are public; they also have to publish the proceedings in print. 1 Article 164, sec. 2, newly framed by law of July 13, 1912 ; sec. 3, sentence 2. added by law of July 16, 1906, article 2S ; the rest of the text is based on law of June 23, 1874, article 2, as well as wording of article 164a. 2 For article 164a compare note to article 104. 3 Articles 165 and 166 revoked by law of June 23, 1874, article 10; also articles 171 and 174. * Article 167, sec. 1, and article 108, sontence 2, newly framed by law of June 23, 1874, articles 4 and 5. 468 coNSTirtJTioNS of the gebman states. Any spectators giving a sign of applause or disapprobation shall be removed immediately. Art. 168.^ Meetings shall be held secretl}^ not only at the request of ministers or Royal Commissioners, who may make statements in behalf of the King which are considered of official character, but also on the motion of three members of the First Chamber and at least ten members of the Second Chamber. During the temporary absence of the spectators, the majority of the Chamber shall decide whether the meeting shall be secret or not. Art. 169.^ The ministers as well as the Royal Commissioners may, in view of the matters which they must bring before the Chamber, attend and take part in the deliberations of the two Chambers and their committees — as long as no confidential meeting has been called. They can also be accompanied by other servants of the State who are especially familiar with the matter in question. The State Ministry is to be notified in time about the convening of committees and the order of its business. xVrt. 170. Delegations cannot be admitted by the Provincial Diet or be assigned without the consent of the King. Art. 171. [Rescinded on June 23, 1874.] Art. 172.^ The right to propose bills belongs to the King as w^ell as to the two Chambers. Bills about the enactment of new taxes, the issue of a loan, the fixing of the State budget or extraordinary expenditures can only originate from the King. « Items of expenditure can not be increased over the amount proposed by the Government for that purpose. Bills proposed by members of one of the Chambers must be signed at least by five members in the first Chamber and by fifteen in the second Chamber. The provisions of article 179, sec. 1, and article 182 apply to resolu- tions passed in one of the Chambers in i^egard to a proposed law. It is within the rights of the Diet to ask by means of petition for the drafting of new laws, or for the amending or the annulment of existing laws. '' '^ The King alone sanctions and proclaims all laws after the State Ministry has been heard and the Provincial Diet has given its consent. Art. 173.2 Royal requests have to be referred to a committee be- fore the Assembly has discussed the matter, if the State Ministry de- mands such action. Art. 174.* 1 Article 167, sec. 2, and article 168, sentence 2, newly framed by law of .Tune 23, 1874, articles 4 and 5. ^Compare note to article 121). 3 Article 172. sees. 1-5, newly drawn up by law of June 23, 1874, article 6. In the last section the Privy Council was replaced by the State Ministry: law of July 1. 187G, article 8. ♦ For article 174 compare note to article 16') CONSTITUTION OF WURTTEMBERG. 469 Art. 175. The necessary qiioruni is required in both Chambers for the passing of a valid resolution (article 160). Art. 176. The resolutions shall be passed with a majority of votes, which according to the nature of the matter can be either absolute or relative. In case of a tie the president gives the decisive vote. If the resolution, however, concerns an alteration of a constitutional provision, a two-thirds majority of the members present is required. Art. 177. Matters belonging to the jurisdiction of the Diet are to be separately discussed b}^ the two Chambers, but confidential con- ferences without the taking of minutes or passing of formal resolu- tions can be held jointly to straighten out differences of opinion. Art. 178. It depends on the King whether he wants to submit bills or suggestions to the First or Second Chamber, except appropria- tions to be made from taxes. In this case the matter must always be brought before the Second Chamber. Art. 179. The resolutions passed by one of the Chambers will be communicated to the other for immediate deliberation. Only re- garding the right of petition and complaints, as well as in case of a charge relating to a violation of the Constitution (article 199), each Chamber is empowered to act separately. Art. 180. The Chamber to which the resolution passed by the other has been communicated may reject or accept same either uncon- ditionally or in modified form. Art. 181.^ For the deliberations and the voting upon the main budget (article 111) the following provisions prevail: (1) The main budget will be discussed in the Second Chamber, subject to article 110, and the various items will be passed upon. (2) The resolutions of the Second Chamber will then be communi- cated to the First Chamber. If the First Chamber decides upon alterations of resolutions passed by the Second Chamber, then the matter will be referred back to the Second Chamber for reconsidera- tion. If after a review of the matter the Second Chamber passes resolutions different from those passed by the First Chamber, the resolution of the Second Chamber prevails and is to be declared the resolution of the entire Provincial Diet. The levy of such taxes fixed by regular legislation shall be con- tinued, except if the entire budget has been rejected — until both Chambers agree upon the abolition or the reduction of such tax meas- ure. A joint resolution has to be passed by the Chambers if the rate under a certain tax shall be increased. (3) After the passing of the several items of the budget a vote will be taken on the entire budget, first in the Second Chamber and then in the First Chamber. If the First Chamber rejects the budget 1 Compare note to article 129. 470 CONSTITUTIONS OF THE GERMAN STATES. passed by the Second Chamber, the affirmative and the negative votes of both Chambers are counted together and the resolution is framed accordingly. If the vote would result in a tie, the president of the Second Chamber has the decisive vote. In regard to resolutions concerning the issue of new loans and the sale of parts of the domain both Chambers have equal powers. Art. 182. As to all other cases the principle prevails that only such resolutions upon which both Chambers are agreed can be brought before the King and can be confirmed by him. Art. 183. The resolution of one of the Chambers rejected by the other can not be brought up again in the same session. If such reso- lution should be renewed at the next session of the Provincial Diet, then the two Chambers will hold a joint confidential conference to consider the matter. If the prevailing differences can not be settled, the King shall be notified of the failure to agree, provided the subject has been brought before the Chambers by the King. He has to decide the matter in that case. Art. 184.^ No member of the Provincial Diet can without the ap- proval of the body be arrested in a criminal action or detained for investigation unless he has been apprehended in the commission of the crime or in the course of the next day. At the request of the Chamber every penal proceeding against a member and detention, for examination will be suspended as long as the Diet is in session. These provisions apply also to members of the Diet being called to committee meetings for the time of these deliberations. The rights described in sections 1 and 2 apply also to the Diet Committee (article 190, sec. 4, sentence 1). Art. 185.2 No member of the Diet can be prosecuted at any time criminally or in the way of discipline for his vote or any utterance made in the exercise of his functions, nor can he be held responsible outside of the Diet meeting. If however a member of the Diet uses his position to insult or slander the Government, the Diet, or any individual, the Chamber may reprimand such a member. Art. 186.^ The King opens or dismisses the session of the Diet either in person or by a minister empowered for that purpose. The King also has the right to adjourn the session or to dissolve the Diet altogether. In case of dissolution, a new session shall be called not later than §ix months after the disbanding of the other. To that end a new election of the elected as well as a new propositional election and ap- ^ Compare note to artlclp 120. "Article 185 newly drawn up by law of Juno 23, 1874, article 9.. CONSTITUTION OF WURTTEMBERG. 471 pointment of the members described in article 129, no. T, for the Diet is required. Art. 187. As long as the Provincial Diet is not in session, its powers as to certain matters necessary to be acted npon regularly are delegated to a committee. Art. 188. In that respect the committee has the duty to use its powers to maintain the Constitution and keep the members of the Diet residing in the Kingdom informed as to important matters. In proper cases it may file complaints and protests with the highest State authorities, and, when circumstances warrant such action, request the calling of a special meeting of the ProA'incial Diet, if it concerns charges against ministers. Such petition will never be denied when the reasons for the charges and the urgency of the matter have been explained and found sufficient to act upon. The committee must furthermore at the end of a fiscal year within the budget period examine the accounts as to the proper use of the moneys appropriated (article 110) and confer with the Minister of Finance about the future budget. The committee also has super- vision of the Debt Redemption Bureau. It is especially within its province to consider such subjects which properly belong before the Provincial Diet, as new legislation, pre- pare the same for the Diet, and provide for the execution of measures that have been passed by that body. Art. 189. The committee can, however, not act upon any matter which requires the action of the Provincial Diet. It cannot pass any law, make tax appropriations, incur any debts, or proceed in regard to military conscription. It can only prepare measures. Art. 190.^ The Diet Committee consists of twelve members, namelv, the presidents of both Chambers, two members from the first and eight from the Second Chamber. The election is conducted by the Chambers in joint meeting, assembled for that purpose. The members are chosen by plurality and serve from one regular session to the other (three years). The King has to be notified as to the election. A committee member retiring in the meantime will be replaced in the next meeting of the Diet. Until that time the member of the Diet w^ho received, in the last committee election, the most votes after the elected takes the place of the one retiring. If the presidents are unable to appear, the vice-presidents take their places; if the latter are already members of the committee, their places will be filled as defined before. Six members of the committee, the presidents of both Chambers included, must be in Stuttgart. The other six members may reside 1 Compare the authentic explanation of June 6, 1855, in accordance with which at the elections conducted by both Chambers of the Diet a plurality of votes is sufficient. 472 CONSTITUTIONS OF THE GERMAN STATES. elsewhere and shall be called by the other membei-s as often as cir- cumstances require this. Art. 191. At every meeting of the Diet the committee has to give an accounting about everything that has been acted upon in the meantime. Art. 192. The functions of the committee cease when the Diet reconvenes and will continue after the adjournment of the Chambers or after closing of a special session of same. After the dissolution of each Diet or after dismissal of the regular Diet a new conunittee must be chosen. The former members are eligible. The Diet has permission to hold this meeting even after a dissolution. Should extraordinary circumstances make it impossible for them to hold this meeting, then the erstwhile members or their substitutes. as far as they. are members of the Diet, assume again their functions as members of the executive committee. Art. 193.^ The Diet bureau consists, besides the officials of the De- partment for the Redemption of Debts, of the recorder, a director of the chancery for each Chamber and the clerks required. The heads of the chancery act as secretaries for the committee. The joint Chambers elect the officials of the bureau for debt re- demption, serving for life, and the officials of the two Chambers, also serving for lifetime, will be chosen by the Chambers they are working for. The other officials of the sinking fund will be employed and dismissed by the superior administrating authorities and the other officials of the Chambers by the presidents. The appointment of all officials chosen for lifetime has to be sub- mitted to the King for confirmation, with the exception of the clerks of whose appointment he only receives notice. The status of the Diet officials is governed in every other respect by the laws regarding the Royal officials. All the employees of the Provincial Assembly are, if the Chambers are not in session, under the authority of the committee, which has also to provide for the administrators that may be required. Art. 194.^ The exj^enses of the Diet are to be defrayed by a sepa- rate treasury and the amount to be set aside therefor is embodied in the budget and will be turned over to the Diet by the Minister of Finance in regular instalments to cover the expenses of the Assembly. Among these are the indemnities, daily allowances and traveling expenses of the members of the Diet, the payment of the employees and awarding of money to those who have carried out orders of the Diet. The maintenance of a library, expenses of the clerical force, and other expenditures are also included in the budget. 1 Articles 193 and 194, sections 2 and 4, were revised, and section 5 was rescinded by law of July 16, 1906, article 30. CONSTITUTION OF WURTTEMBERG. 473 The annual financial statement showing in detail all receipts and di-sbursements will be examined by a special committee of the Diet and will then be laid before the Diet meeting for approval. Every member of the Diet can demand a personal inspection of the accounting. The amount of indemnities, daily allowances, and traveling ex- penses which the members of the Diet, including the members of the committee, are entitled to, are, according to the constitutional pro- vision, defined by law. Tenth Chapter — The State Court. Art. 195. As a legal safeguard of the Constitution a State Court has been established. This tribunal has jurisdiction in regard to all endeavors aiming at the overthrow of the Constitution and the vio- lation of separate provisions of the same. Art. 196. The State Court consists of a president, chosen by the King from among the presiding judges of the higher court, and of twelve judges, of which half are to be appointed by the King from these tribunals and the other half as well as three substitutes chosen by a joint meeting of the Chambers of the Diet, but not from their ranks. Among the Diet members there nmst be at least two lawyers, who can be taken from among the Royal State servants, provided the con- sent of the King has been secured for that purpose. The members must also possess all qualifications required for members of the Diet. The chancery staff will be taken from the Supreme Court. Art. 197. All judges are especially pledged to the performance of their duties and can, just as other judicial officials, only be removed by a regular decision. If one of the judges appointed by the Diet accepts a State position, he ceases to be a member of the State Court ; he can, however, be reelected by the Diet. A member of that court appointed by the King has also to resign his position in tlie State tribunal if he retires from his other judgeship. Art. 198. The court assembles at the call of its president, and he must issue such call if he receives an order from the King counter- signed by the minister to that effect or from one of the Chambers through its president, giving the reason for action. The court disbands when the trial has been finished. The president has to provide for the execution of its findings and to assemble the €Ourt again if further action seems necessary. Art. 199. An indictment before the State Court in an aforesaid action (article 195) can be found by the Government against indi- vidual members of the Diet and the committee and by the Diet 474 CONSTITUTIONS OF THE GERMAN STATES. against the ministers and heads of department, as well as against superior officials of the Diet. Other servants of the State can not be indicted by this tribunal except for violation of the provision con- tained in article 53. Prosecution and defense are conducted publicly. The records will be published along with the vote and the decision in print. Art. 200. If it is deemed necessary to appoint investigators to- make inquiries, the court selects the same from among the judges of the Criminal Court. A Eoyal and a Diet member of the court have to attend the investigation. Art. 201. At every trial two referees must be designated. If one of them is a Royal judge the coreferee must be a judge appointed by the Diet, or vice versa. Art. 202. At every decision to be rendered an equal number of Soyal and Diet judges must attend. If by any chance an unequal number of the two ranks of justices should sit and a substitute can not be procured at the time, the youngest among the judges of the class which is more numerously represented shall retire; but the number of judges shall never be less than ten. If the presiding judge is unable to appear, the first Royal judge takes his place. The President has no vote; in case of an equal number of votes^ the side more favorable to the indicated person prevails. Art. 203. The court can only pronounce reprimands and fines, as well as suspend and remove from office and exclude temporarily or permanently from the Diet. If the court imposes the maximum penalty within its jurisdiction without exempting the defendant of further prosecution, the regular court may bring suit against the convicted person. Art. 204. There is no appeal -from the sentence of the State Court : the only legal remedy is a review of the case and hereby the annul- ment of same. Art. 205. The King will never hinder the investigation or extend his right of pardon to keep State employees, removed by the order of the court, in office. He will also never provide for such convicted servant of the State by having him appointed to some other judicial or administrative position, except if the decision contains a clause by which this may be done. In view of the fact that the aforesaid provisions now represent the State fundamental Constitution of our Kingdom, we vow by our Royal dignity for us and our successors in the reign not only to uphold and maintain firmly and inviolably the present contract for ourselves but to guard it also against all infractions and violations and to keep it in force. CONSTITUTION OF WUETTEMBERG. 475 To acknowledge this we have signed it with our own hand and caused our great Royal seal to be attached to it. So done in our capital and residential city Stuttgart on the 25th day of the month of September in the one thousand eight hundred and nineteenth year and the third year of our reign. (Signed) WILHELM. [L. 8.] By order of the King, the Secretary of State : (Signed) Bellnagel. APPENDIX ALSACE-LORRAINE. German Law Respecting the Union of Alsace and Lorraine with THE German Empire. Berlin, June P, ISri."^ We, Wilhelin, by the grace of God, German Emperor, King of Prussia, etc., decree herewith, in the name of the German Empire and with the assent of the Bundesrat and of the Reichstag, as follows : Section 1. The districts of Alsace and Lorraine, ceded by France according to Article I of the preliminary peace of February 26, 1871, beconie between the limits fixed by Article I of the treaty of peace of May 10, 1871, and the third supplementary article of that treaty, united forever with the German Empire. Sec. 2. The Constitution of the German Empire comes into force in Alsace and Lorraine on January 1, 1873. By decree of the Em- peror, with the assent of the Bundesrat, single parts of the Con- stitution can be earlier introduced. The needful alterations in and complements to the Constitution require the assent of the Reichstag. Article 3 of the Constitution of the Empire comes at once into force. Sec. 3.2 Witness our supreme sign manual and Imperial great seal hereon impressed. Given at Berlin, June 9, 1871. [L.S.] WILHELM. Prince v. Bismarck. German Law on the Introduction of the Constitution of the German Empire into Alsace-Lorraine. Babelsberg, June 26^ 1873,^ We, Wilhelm, by the grace of God, German Emperor, King of Prussia, with the concurrence of the Bundesrat and of the Reichstag, decree by these presents, in the name of the German Empire, as follows: ^ Based on the version found In 67 British and Foreign State Papers, pp. 1160-1161. Compared with Stoerk-Rauchhaupt, pp. 535-536. 2 Sections 3 and 4 were repealed by law of May 31, 1911. " Translated by George D, Gregory from the French version of 67 British and Foreign atate Papers, pp. 1162-1164. Compared with Stoerlc-Rauchhaupt, pp. 536-537. 476 CONSTITUTION OF ALSACE-LORRAINE. 477 Article 1. The German Constitution of April 16, 1871, as amended by the laws of February 24, 1873, and March 3, 1873, shall go into effect in Alsace-Lorraine on January 1, 1874, as may be seen from Annex I, without prejudice, however, to the validity of the provisions already introduced and those contained in articles 2, 3, 4, and 5 of the present law. Art. 2. The Imperial territory of Alsace-Lorraine shall be joined to the territory of the Empire designated in article 1 of the Con- stitution. Art. 3. Until the legal regulation reserved by article 20 of the Con- stitution Alsace-Lorraine shall elect 15 deputies to the German Reichstag. Art. 4. The tax on domestic beer, mentioned in article 35 of the Constitution, is reserved to internal legislation until further orders. Alsace-Lorraine has no share in the revenue tax on beer, which is paid into the treasury of the P^mpire, nor in the reimbursement pro- portional to the revenue mentioned in article 38, section 3. Art. 5. The restrictions upon the levying of taxes on account of the communes, in conformity with article 5 of the customs union treaty of July 8, 1867 (article 40 of the Constitution), do not apply to the provisions now in force in Alsace-Lorraine with regard to city tolls {octroi). Art. 6. The electoral law of May 31, 1869, for the German Reichs- tag shall go into effect in Alsace-Lorraine on January 1, 1874, in ac- cordance with the conditions of the law of April 16. 1871 (Annex II). The limitation of electoral districts provided for by article 6 of the electoral law is effected by a decision of the Bundesrat until a new Imperial law is enacted. Art. 7. Whenever there is a question in the laws of the North German Confederation already introduced into Alsace-Lorraine and declared laws of the Empire by article 2 of the law of April 16, 1871, of the North German Confederation, of its Constitution, of its territory, of its members or its States, of its citizenship, of its con- stitutional organs, its subjects, its officials, it flags, etc., the' German Empire and its corresponding relations are to be understood. The same provision applies to the laws made by the North German Confederation which shall hereafter be introduced into Alsace-Lor- raine. Art. 8.1 In faith whereof we have signed these presents and have thereto affixed the Imperial seal. Given at the Castle of Babelsberg, June 25, 1873. [l.s.] WILHELM. Prince v. Bismarck. Article S was rescinded by law of May 31, 1911. 478 APPENDIX. Annex I. Tenor of the Constitution of the Empire, with the provision that article 4, no. 9, shall read : 9. Navigation by raft or boat on the waters common to several States, the condition of these waters, and the taxes laid upon the navigation of rivers and others, as well as the signals in use in navi- gation (lights, tun buoys, beacons, and day signals). That article 28 shall read : The Reichstag decides by an absolute majority. To give its de- cisions legal force the majority of the legal number of its members must be present. Annex II. Tenor of the electoral law of May 31, 1869, with the provision that the introductory portion shall read: Every German who has attained the age of 25 is an elec- tor for the German Reichstag in the P^ederal district in which he resides. That the beginning of article 4 read : Every German is eligible for election as deputy throughout the Federal territory, who, etc. Law Concerning the Constitution and Administration of Alsace- Lorraine.^ July 4, 1879.2 We, Wilhelm, by God's gi*ace, German Emperor, King of Prussia, etc., Decree in the name of the Empire and with the consent of the Bundesrat and the Reichstag as follows : 3. The office of Imperial Chancellor for Alsace-Lorraine and the office of the First President are abolished. For the execution of the duties formerly devolving upon the first-named official and the Im- perial Board of Justice in governing the Imperial Territory {Reichs- land) , as well as for the execution of the former duties of the First President, a Ministry for Alsace-Lorraine shall be formed, which shall have its seat at Strassburg and over which a Secretary of State shall preside. 5. The Ministry for Alsace-Lorraine shall be divided into sections. Each section shall be presided over by an Under-Secretary of State. The Secretary of State may be assigned to a section. P'urther details concerning the organization of the Ministry shall be arranged by an Imperial Decree. ^ Translation based on Stoerk-Rauchhaupt, pp. 537-538. 3 Reichs-Gesetzblatt, p. 165 flf. Articles 1, 2, 4, 7. 9, 10, 12-21, and 22, sontencp 2, were rescinded by article 27 of the Constitution of May 31, 1911. CONSTITUTION OF ALSACE-LOKBAINE. 479 6. The Secretary of State, the Under-Secretaries of State, and the ippe — Continued . Loans, 159 (5). Order of Business of 31 August 1819, 158. Order of 8 June 1819, 158. Pactum tutorium, 159 (5), 160 (26). Pactum unionis, 159 (5). Provincial affairs, administration of, 158 (3). Provincial deputies, 161 (31, 37). Provincial Syndic, see Syndic, Provin- cial. Salaries, 158 (4), 162 (40). Sovereign: Approval necessary in elec- tion of deputies, 158 (3); approval of, for Provincial Syndic, 158 (4); ap- proval of Salaries, 162 (40); conven- ing of Diet, 160 (24, 27, 29); death of, 160 (24); prerogatives, 159 (5); prerogatives in Elections, 158 (3); provincial guardianship, 159 (5), 160 (26). State, servants of, 158 (4), 159 (7). Syndic, Provincial: election, 158 (4); functions, 158 (4), 161 (39); qualifi- cations. 158 (4); salary, 158 (5), 162 (40). Taxes, 159 (5-6). Treasury: general, 158 (4); provincial, 159 (5), 161 (38). Lippe, Princely House of. 91. Liquors, taxation of, 15 (35). Loans, see Finance. Ludgeri. St., Monastery of. 112 (163). Ludwigsburg, 462 (133). LUbeck, 8 (1). 189. Appropriations not in budget, 182 (1). Archives, State custodian of, 169 (17). Budget, State, 178 (3), 182 (1-2). Biirgerschaft, see Corporation. Burgomaster: 166 (2, 3), 167 (9), 169 (16), 177 (49), 195 (85); Election of, 168 (14): substitute for, 169 (15). Chancery, records of 169 (17). Charities, 178 (51), 182 (69). Citizenship: 174 (30); honorary, 170 (20); suffrage, right and use of, 170 (20-21), 172 (24); citizenship and membership, 165 (2-3). Civic Committee: 169 (18), 173 (27, 29), 174 (30, 31), 175 (35, 37), 176 (44), 175 (52), 179-183; Constitution of, and election to, 179 (53), 180 (57); functions of, 182 (69), 183 (72); pro- Liibeck — Continued . cedure of meetings, 181 (59), 182 (68); sessions, 180 (54, 55, 58). Commercial affairs, 177 (50). Communal affairs, 169 (18). Constitution, 177 (1). 183 (74-75). Corporation: 165 (6, 7), 166 (3), 169 (18); administrative boards, 173 (26); administrative functions. 177 (51); archives of, 175 (35); composition of, 170 (19), 175 (39); elections in, 175 (41), 176 (43), 179 (53, 54), 183 (76), 184 (79): legislative functions, 165 (4). 177 (50), 179 (53); legislative procedure. 175 (40), 177 (49); mem- bership, election to, 170 (20), 174 (33); membership, eligibility for, 172 (25, 26), 174 (31); mem])ership, rights and obligations of, 172 (26); member- ship, tenure of office, 172 (26), 173 (27); participation in election to membership of Senate, 166-167; presiding officer, see Speaker of the Corporation; procedure in continued disagreement with Senate. 183-185; recorder. 177 (47); secretary of. 175 (31); sessions, 175 (37, 38); Speaker of. see Speaker of Corporation: see also Civic Committee. Debts, public, 179 (5). Diplomatic relations, 178 (4). Duties, 177 (50). Ehrenausgahen, 178 (51). Election districts. 171 (22), 172 (23). Embassies. 178 (51V Empire, an independent State of, 165(1). Endowments, private, 182 (69). Evangelical Lutheran Church, 178 (51), 182(69). Fees, 177 (50). Foreign Relations, 176 (45), 177 (50), 179 (52). Funds (public for various purposes), 178 (51). Government: Administration, 169 (18), 177 (50)-178 (51); power vested in, 165 (4). Hanseatic provincial court of appeals, 183 (74). Imperial affairs, 176 (45). Income tax, 170 (20). Loans, 178 (51). Municipal treasurer, 178 (51). 510 INDEX. Liibeck — Continued . Navigation. 177 (50). Obmann. 167 (10). Police ordinances, 177 (50). Privileges, 177 (50). Property (public), 178 (51), 182 (69). Ratssetzung, 169 (16). Religion, provisions in regard to, 177 (50). Secret Commission, 179 (52), 183 (72). Senate: Administrative functions, 169 (18), 177 (50), 178 (51). 179 (52); archives, State, 169 (17); boards, chairmanships of, 169 (16); Burgo- master of. see Burgomaster; business, assignment of, 169 (16); Chancery, secretaries of, 169 (17); Commissaries, 175 (38, 41), 177 (46, 47), 181 (61, 62, 63); composition (see also Burgo- master), 163 (5), 168 (14, 15); com- munal affairs of the city of Lubeck, 169 (18); Corporation with Civic Com- mission, 180 (58), 181 (61, 63, 65), 182 (67, 68, 69, 70), 183 (71, 72); Elections in, 183 (76), 184 (79); functions of, 165 (4), honorary expenditures of (Ehre- nausgaben), 178 (4), inauguration of new members in, 168 (10); legislative articulation with Corporation, 174 (32), 175 (37, 38), 176 (41, 44, 45), 177 (47, 49), 178 (4); membership, elec- tion to, 166-167, 168 (8); membership, eligibility for, 165 (6)," membership, pensions, 168 (11); membership, rights and obligations of, 168 (9, 12. 13); membership, salaries. 168 (11); mem- bership, tenure of office, 168 (9, 11); membership, vacancies, 168 (8); pre- siding officer, see Burgomaster; pro- cedure in continued disagreement with Corporation, 183-185; records of 169 (17). Speaker of (Corporation: 173 (28), 174 (29, 32), 175 (37, 38, 39), 176 (44), 177 (47); election of, 174 (34), 175 (36); tenure of office, 173 (34). Steuerjahre. 171 (22). Suffrage, right and use of, 170 (20-21). Taxes, 170 (20), 177 (50). Treaties, 177 (50), 179 (52). Unterhezirke, 173 (28). Zentral-Annendeputation, 178 (51). Liineburg, 91. Liineburg, Princely House of, 93 (14). Mails, sanctity of, 227 (33), 243 (28), 259 (27). Malchin, 187. Marine and Navigation, 9 (7), 20-21, 177 (50), 478 (9); Bundesrat committee on, 11 (8); expense to be defrayed from treasury, 20 (53); flag of naval and merchant marine, 21 (55); free ports, 15 (34); Kiel and Jade, Impe- rial naval ports, 20 (53); license to command seagoing vessels, 21 (54); seafaring men and shipbuilding arti- sans to serve in navy, 21 (53); signals of navigation, 9 (9); under supreme command of Emperor, 20 (53); united mercantile marine, 21 (54). Mark associations, 224 (218). Markgenossen, 97 (43). Marriage, 312 (64); civil, 226 (19), 349 (66), 433 (40). Martial law, power to declare, 24 (68). Mecklenburg-Schwerin, 8 (1). Mecklenburg- Schwerin and Mecklen- burg- Sterlitz: Burgermeisttr, 187. Constitution: no written constitution. 186. Diet: convocation diets, 188; directory of, 187; one diet, 186; period, 187. Directory of diet, 187. Domains, 187. Erblandmarschall, 187. Estates, 186, 187, 188. Giistrow, Duchy of, 187, 188. Landschoft, 187. Malchin, 187. Neubrandenburg, 188. Neu-Strelitz, 188. Order Patent, 28 Nov. 1817, 186. Parchim, 188. ^' Property ownership, 187. Provincial Estates, 186, 187. Ptatzeburg, 188. Regalia maiora, 186. Ritterschaft, 187. Rostock, 187, 188. Schwerin, Duchy of, 187. Schwerin Order, 10 Oct. 1849, 187. Sternberg, 187. Wismar, 187, 188. Mecklenburg-Strelitz, 8 (1). Medical and veterinary matters, police regulation of, 10 (15). Meiningen (city), 375 (54). 376 (55, 56. 57). INORX. 511 Military affairs, lO (14), 22-25; army, readiness for action, 23 (63); army under command of Emperor, 23 (03); Bundesrat Committee on Army and Fortifications. 11 (8); cavalry, length of service. 22 (59); cost of, 22 (58); contingents from Hamburg, 131 (21); courts of honor, 20 July 1843, 22 (61); emigration of reserves, 22 (59); em- ployment of army for police pur- poses, 24 (06) ; expenditures of army, to be fixed by budgetary law. 23 (62); army, expenses of, 22 (61); fortresses, construction of. 24 (65); Landwehr, 22 (59); length of service, 22 (59); liability to military duty. 22 (57); martial law, power to declare. 24 (68); military oath, 24 (64); military penal procedure. 3 April 18^5.22(61); mobilization, 23 (63); mounted field artillery, 22 (59); National Guard, 22 (59); no substitute accepted, 22 (57). officers, 24 (64, 66); 36 (10). 61 (12), 92 (9), 95 (34, 35), 96 (40), 100 (97, 102), 105 (120), 120 (20), 126 (4), 131 (21), 148 (28, 29), 150 (49), 153 (77), 219 (192), 227 (34), 228 (35, 37), 236 (108), 243 (33), 259 (28), 315 (77-80), 232 (212), 346 (29), 347 (47, 48). 348 (59), 361 (154), 430 (9), 432 (31). 433 (32), 439 (93), 440 (96), 450 (23), 453 (56). 457(99-101). Military Agreement of 21/25 Nov. 1870. 45071 . Military Convention between Prussia and Waldeck on 24 Nov. 1877, 439rj. Military Law, Imperial, of 2 Maj 1874, 450w . Military penal code, 3 April 1845, 22 (61). Mobilization, see Military affairs. Monopolies, Government. 15 (35), 311 (59). Moratoria. 121 (209). 245 (44). 261 (45), 281 (54). 438 (82). Mosaic Religion. 367 (12). Munich,»51. Napoleon, 5. Nassau, merged with Prussia, 6. National Assembly 18 May 1848, 5. National Guard, see Military affairs. Naval and Military Affairs under super- vision of Empire, 10 (14). Navigation, see Marine and Navigation. Neubrandenburg, 188. Neubruch, 199 (63). Neu-Strelitz, 188. Nobility. 39 (29), 61 (3, 4), 147 (14), 149, (37, 38). 274-278, 283 (63)-284 (65), 292(108), 460(129). North German Confederation. 6, 13n, 35 (1), 94n, 238 (1), 254 (91), 396 (2), 401 (36). 405 (52), 406 (61), 409 (77). Notaries, 223 (215). Oath, official, 52. 55 (16), 67 (25), 221 (198). 237 (119), 287 ,(82), 297 (139), 346 (30), 361 (157), 362 (161-166), 363 (169)-364 (177), 367 (11), 380 (92), 394 (65), 394 (67)-395 (69), 413 (18), 417 (47). 418 (48), 421 (18), 422 (21), 431 (17, 18, 21), 435 (59), 448 (10), 449 (14), 450 (20), 453 (45), 466 (163). Ober-Appellationsgericht (Saxe-Weimar- Eisenach). .392n. 6er/ari d'es^'mc/i « ( Saxe-Weimar-E isenach ) , 392/7. Obmann, 107 (10). Officials, appointed by Emperor, 13 (18). Oldenburg, 8 (1). Agriculture, utilization of uncultivated areas. 224 (219). Alienation; not permissible without consent of Diet, 189 (3); of Govern- ment property, 217 (181). Catholic Church. 204 (78), 205 (82). Citizenship, 193-206; arrests, 195 (39); assembly, right to, 197 (50); banish- ment, judicial, not imposed, 196 (44) ; belief and conscience, freedom of, 194 (32); bondage and subjection conditions, 199 (63); commercial and industrial privileges, granting of, 198 (58); complaints, right to make, 196 (47); confiscation of fortune not per- mitted, 196 (45); courts at disposal when private rights are injured, 197 (48); domiciliary search, 195 (40); emigration, 198 (55); equal rights. 193 (31); exceptional jurisdiction not allowed, 194 (38); forced labor estab- lishments. Grand Duchy of Olden- burg, 29 May 1821, 194 (38); forced labor establishments, principality of Birkenfeld, 30 May 1844, 194 (38); hunting laws, 201 (64); industrial and commercial privileges, granting of, 198 (58); industries, freedom of, 198 (56); industries, restrictions of, 198 (56); lawful order and jeopardized 512 INDEX. Oldenburg — Continued. freedom may be restored by State government, 197 (54); letters and papers, seizure of, 196 (41); liberty, personal, is inviolable, 194 (38); mili- tary authority, interference of, 197 (53); military liability, 193 (31); moratoriums, 197 (49); oath, form of, 194 (37); Oldenburg State, right of, 193 (30) ; petitions, right to make, 196 (47); property rights, 198 (60, 61), 199 (62); protectorial and seignorial conditions, 199 (63); public offices, holding of, 193 (31); punishments, 194 (43); representations, right to make, 196 (47); societies, right to form, 197 (51); speech, freedom of, 196 (46); taxation, system of, 201 (65). Communes, Political, 202-203. Constitution: Amendment, require- ments for, 223 (212); appendices, 224 (221); dissemination of knowledge of Constitution, 224 (221) ; pending laws to remain in force, 224 (220); viola- tion of, 222(200). Constitution of 18 Feb. 1849, 189. Crown and domanial property, 192 (17), 217 (179), 218 (184-186), 224 (I, II). Deichbdnden, 202 (Q). Diet: Arrests of deputies shall not be . made on journey to Diet, 211 (132); assembly, organization of, 209-210; business relations, 211 (128); compen- sation of deputies, 215 (164); com- plaints, 212 (134); convocation, 213 (144); deputies, 209, 210; deputies, election of, 209 (118, 120); deputies, furloughs, 210 (121); deputies, man- . date of, 210 (122); deputies not held responsible for vote or utterances in Diet, 211 (131); deputies, qualifica- tions of, 210 ( 124) ; difference of opin- ion between State Court and Diet, 222 (209); duration, 213 (147); extra ses- sion, 213 (146); functions of. 211 (213); Grand Duchy, united in one single chamber, 209 (112); judicial inquiry can be ordered by Diet, 222 (208); Ministers entitled to attend sessions, 214 (156); minutes to be published, 215 (162); oath, 211 (130); opening of, by Grand Duke, 214 (152); Oldenburg — Continued. ' permanent Diet Committee. 215 (166); president, elected by secret ballot, 210 (125); president to vote with deputies, 214 (161); proposed legislation, 212 (138); quorum, 214 (159); representations to be made to Diet in writing only, 212 (135); reso- lution adopted by majority, 214 (160); right to present wishes, recommenda- tions, or complaints to ministry of State or Grand Duke, 211 (133); rights, to enforce, 211 (127); sanction of Grand Duke, 215 (163); secreta- ries, to attend to clerical work, 210 (126); sessions to be public, 214(157); sessions to be secret in exceptional cases, 214 (157); suspension of, 213 (149); validity of laws, 213 (142); voting, right to follow own conscience , 211 (129); see also, Permanent Diet Committee. Domains, see Crown and domanial prop- erty. Education, 205-206. Estates, entailed, abolished, 223 (213). Evangelical Church, 204 (78), 205 (82). Feudal tenure, abolished, 223 (213). Finance: Appropriations, 218 (188); budget, 218 (189); contribution by principalities, 220 (195); debts, can not be levied or collected without consent of Diet, 218 (187); delay in budget, 219 (191); emergency meas- ures, 219 (193); estimates placed be- fore Diet, 218 (190); expenditure, scope of, 220 (195); loans can not b'^ levied or collected without consei of Diet, 218 (187); remission of taxe and revenues, 220 (194); salaries and expenses of military, judicial, and administrative service, 219 (192) supervision of collection employment by Diet, 220 (196); taxes can not be levied or collected without consent of Diet, 218 (187). Foundations, income of, 223 (216). Funds, income of, 223 (216). Gelehrlemchule, 206 (90). German Confederation, 180 (2). 190 ( II), 223 (210). German Federal Arbitration Court, 222 (209), 223 (10). INDEX. 513 Oldenburg— Continued. Government: Form of , 190(24); prop- erty, 217 (179-183); seat of, 191 (14); service, 207-208. Grand Duke: Abode of, 191 (4); ap- points all officers, 190 (7); appoints and dismisses members of Ministry, 190 (12); can be sued, 190 (4); en- forces laws, 190 (5) ; Family Law sub- mitted to Diet, 193 (29); Government hereditary, 191 (17); heir takes part in deliberations, 191 (13); Jordship over dominion of Kniphausen, 190 (11); minor, education of, 193 (28); minor, guardianship, 193 (27); not responsible for exercise of govern- mental power, 190 (12); not to be in service of any other nation, 191 (15); pardon, right of, 190 (10); person is sacred, 190 (4); prevention of exer- cise of power, 192 (22); regency to devolve upon wife, 192 (22); rela- tions of household, 193 (29); repre- sents Grand Duchy externally, 190 (6); rewards distinguished service, 190 (9); substitution of power, 191 (16); succession, 191 (17). HofJwrigen, 200 (a). Hydraulic construction associations, 223 (217). Impeachment proceedings, 221 (200)- 222 (208). Indivisible State, 189 (2). Inheritance of Crown, 192 (18). Institutions, income of, 223 (216). Judicial system: Administration of justice, 206-207; Impeachment pro- ceedings, 221 (200)-222 (208), State Court, 222 (205), 224 (III). Kirchspielen, 202 (6). Landfol'jedienst, 199 (63). Legislative procedure, 212 (136-137). Marks and mark associations, 224 (218). Member of German Confederation, 189 (2). Ministry of State: Responsible for con- duct of Government, 190 (12); to report to Diet, 191 (12). Nenbruch, 199 (63). Notarial system, 223 (215). Oath of office, 221 (198). Permanent Diet Committee: Activities confined to period between Diets, 92975—19 33 Oldenburg — Continued. 215 (168); chairman has vote, 216 (176); composition of, 215 (169); duties, 216 (173); majority vote neces- sary, 217 (176); meeting place, 217 (175); members have same rights as deputies, 216 (172); publicity, 216 (177); report to Diet, 216 (178). Private property of Grand Ducal Family, 218 (186), 224 (II). Provincial Council, 224 (IV). Public utilities, regulation of, 223 (217). Realgymnasien, 206 (91). Regency, 192 (20), 221 (197); owing to minority of Grand Duke, 193 (26); to devolve upon wife, 192 (22). Religion, 194 (32-37), religious denom- inations and organizations, 203-205. Schulachten, 202 (6). Sielachten, 202 (6). Stammjuter, 223 (273). State Court, 222 (205), 224 (III). Succession to throne, 191 (17), 221 (197). Territory, 189 (1). Tertia maroalis abolished, 224 (218). Treaties, 190 (6). Vogteien, 202 (6). Waste lands, 224 (218). Orders (decorations), 229 (50). Orphans, 150 (49). Parchim, 188. Pardon, 37 (15), 120 (208), 190 (10), 257 (7), 281 (52), .309 (48), 316n, 397 (10). Patents, 9 (5). Paupers, 9 (3), 313 (68), 369 (21), 453 (142). Personal liberty, 36 (13)^ 45 (65), 59 (8), 76 (5), 148 (23), 199 (63), 225 (5), 242 (25), 278 (27), 310 (51), 330 (201), 432 (29), 450 (24). Petition and complaint, right of, 96 (38), 153 (78)-154 (82), 196 (47), 258 (22), 264 (76), 279 (36), 292 (109)-293 (111), 313 (65-66), 324 (55), 332 (216), 347 (48), 353 (97), 379 (87), 380 (93), 402 (42), 425 (61), 433 (33), 452 (36-38). Pietscher, Das Staatsrecht des Herzogtums Anhalt (cited), 29n. Police: Employment of army for police purposes, 24 (66). 514 INDEX. Police and policing, 99n, 100 (99). 105 (123), 111 (160). 114 (174), 118 (194), 120 (204), 311 (55), 347 (44-45). 360 (141), 381 (100), 438 (81). Poly technical High School (Stuttgart), 460 (129). PoBener, Die Staatsverfassungen des Erd- balls (cited), 28n, 186, 225^t. Post and Telegraph, 7, 10 (10), 18-20. 104 (116). 350 (71); Bavaria and Wiirttemberg not to share in receipts of, 20 (52); Bundesrat Committee on, 11 (8); Emperor shall have ad- ministration, 19 (50); intercourse between Bavaria and Wiirttemberg with neighboring States not part of Empire, 20 (52); receipts to belong to a common fund, 18 (49); regulation concerning foreign countries. 20 (52); are State institutions. 18 (48); surplus of receipts to go to treasury, 18 (49). Prdsidium (Chairman of the Diet). 249 (65). Pragmatic sanction, 1 Oct. 1806 and 18 Nov. 1808, 43 (58). Prague, Peace of, 6. Presidency of Confederation, 12 (11). Presidency of Empire, 12 (11). Press laws, 11 (16), 37 (17), 61 (11), 95 (31), 149 (35), 227 (27). 259 (26), 279 (35), 347 (43), 432 (30). 451 (28). Pressburg, Peace of, 5. Primary voter, 231 (70). Primogeniture Constitution of 12 March 1802 (Saxe-Meiningen), 365 (3). Property: Private, 36 (13-14), 37 (16-20). 45 (65), 59 (8), 77 (19). 9.5 (32. 33), 105 (121), 120 (207), 148 (23. 27). 187, 226 (9), 243 (30). 258 (21). 276 (21), 278 (31), 307 (39). 310 (54) -311 (57), 318 (92), 330 (201), 347 (49), 348 (4), 392 (49). 414 (24). 433 (34), 450 (24); public and »\)- manial, 43 (58-59), 56-59, 96 (39). 112 (162), 113 (166). 114 (171, 173). 117 (189), 119 (198), 126 (6), 178 (51), 182 (69), 187, 192 (17), 217 (179), 218 (184-186). 224 (I, II), 240 . Anordnung, 231 (65). Army, see Military affairs. Assembly, right of, 227 (29). Beh6rde,'23b (106). Bezirke, see Districts. Budget, see Finance. Censorship, 227 (27). Chambers, see Diet. Circuits, electoral, 235 (105). Citizens: Equality before law, 225 (4); rights of, 225 (3). Coinage, right of. belongs to King, 229 (50). Communes, 235 (105). Constitution: And existing laws and taxes, 236 (109); may be amended, 236 (107); suspansion of certain ar- ticles in event of war, 236 (111). Corporate rights, 227 (31). Com-t-martial, 228 (37). Courts: Jurisdiction of, 234 (96); pro- ceedings to be public, 234 (93). Crown, hereditary in male line, 229 (53). Crown fiefs, 228 (41). Deputies, see Diet, deputies. Diet, 231 (65); credentials and order of business, 232 (78); deputies, eligi- bility, 232 (74); deputies chosen by electors, 232 (72); electoral districts, 231 (69); emergency legislation, 230 (63) ; First Chamber formed by Royal ordinance, 231 (65, 68); legislative power vested in King and two Cham- bers, 239 (62); legislative period, 232 (73); members, criminal procedure against, 233 (84); members, freedom from arrest, 233 (84); Ministers en- titled to vote, 230 (60); Ministers shall be heard, 230 (60); opening and closing by King, 232 (77); period, 232 (76); procedure, 232 (80); qualifica- tions for election, 231 (20); reelection of members, 232 (75) ; right to propose laws, 231 (64); Second Chamber, 231 (69); sittings to be public, 232 (79); tenure and loss of office, 232 (73, 78). I ISTDEX. 515 Prussia — Continued . Districts, electoral, 231 (69, 71), 235 (105). Domicile inviolable, 225 (6). Education, 226 (21-26). Elector, how chosen, 231 (71). Electoral districts, 231 (69, 71), 235 (105). Electors choose deputies, 232 (72). Emigration, freedom of, 226 (11). Equality before law, 225 (4). Executive power belongs to King, 229 (45). Finance: Accounts to be examined, 235 (104); budget fixed annually by law, 235 (99); budget laid before Cham- bers, 235 (104); fees must be author- ized by law, 235 (102); taxes, 235 (101), 236 (109); Supreme Chamber of Accounts, 235 (104). First Chamber, see Diet. Ihrrenhaus (First Chamber), see Diet. High treason, sp3ci-.1l court to deal with, 234 (95). Judges, see Judicial system. Judicial system: Judges, 233 (87); judges, qualifications, 233 (90); judg- ments issued in name of King, 233 (86); judicial power exercised by tribunals, 233 (86); jurisdiction of courts, 234 (96); jury to determine guilt, 234 (94); offenses by word or writing, 236 (113); only one Supreme Tribunal, 234 (92); proceedings against public officials, 234 (97); pro- ceedings of coiu-ts to be public, 234 (93); special court to deal with high treason, 234 (95); suspension of cer- tain articles of Constitution in event of war, 236 (111), see also Courts. Tury, see Judicial system. King: Can not be ruler of foreign realms without consent of Chambers, 239 (55) ; coinage, right of, 229 (50); executive power belongs to, 229 (45); income from domains and forests, 230 (59); legislative power vested in King, 230 (62); majority, 229 (54); may confer orders, 229 (50) ; Ministers responsible to, 228 (44); pardon, right of, 229 (49); person inviolable, 228 (43) ; power to declare war, 229 (48); regency, 229 (56); right to propose laws, 231 (64); shall be commander in chief of army, Prussia — Continued . 229 (46); shall convoke Chambers, 229 (51) ; validity of royal ordinances, 235 (106). Kreise, see Electoral districts. La7idtaj, 232 (74); see Diet. Laws: Binding, when published, 235 (106); certain, abolished, 228 (42); emergency legislation, 230 (63); equal- ity before, 225 (4); existing laws to continue, 236 (109); right to propose rests with King, 231 (64). Lehnsverband, see Tenure. Mails, privacy of, 227 (33). Marriage, civil, 226 (19). Military affairs, 228 (35); court-martial, 228 (37); King as 'commander in chief, 229 (46); military service, 227 (34); oath to observe Constitution not to be taken by army, 236 (108). Ministers: Entitled to vote in Cham- bers, 230 (60); may -be impeached 230 (61); responsible to King, 228 (44); shall be heard in chambers, 230 (60). Oath of office, 237 (119). Orders, King may confer, 229 (50). Pardon, right of, 229 (149). Personal freedom, 225 (5). Primary voter, 231 (70). Property rights, 226 (9). Provincial bodies, 235 (105). Public officials, 232 (78), 235 (93); legal proceedings against, 234 (97). Rechtsverhdltnisse, 235 (98). Religion, freedom of, 226 (12). Royal ordinances, 235 (106). Science, teaching of, free, 226 (20). Second Chamber, see Diet. Special permit not needed for public service members, 232 (78). Staatsanudlte, 235 (98). Steuer- und Gewerhe- Verfassung, 228 (42). Supreme Chamber of Accounts, 235 (104). Taxes, 235 (101), 236 (109). Tenure, establishment of feudal, for- bidden, 228 (40). Territory, 225 (1). Treason, see High treason. Tribunals: Judicial power, 223 (86); only one Supreme Tribunal, 234 (92). Urlaub, see Special permit. Urudhler, see Primary voter. 516 INDEX. Prussia — Continued . Volkssckulcn, see Education. Wahlmann, see Elector. War: Power to declare, vested in King, 229 (48); suspension of certain arti- cles during, 236 (111). Prussian system of military legislation, 22 (61); regiments to bear continuous numbers, 23 (63); size of standing army, 22 (60); unexpended appro- priations, 24 (67); uniforms, Prussian standard of, 23 (63); use of railways, 18 (47). Public documents, 10 (12). Public debt, see Finance. Public officials and employees, 158 (4), 159 (7), 207t209, 259 (31-33), 269-270, 312 (61), 318 (90), 320 (102), 362-364, 368 (15), 392 (49, 50), 394 (63; 65-66), 398 (19), 407 (62-66), 418 (48), 421 (23), 426 (66), 429-430, 435 (50), 442- 446, 452 (43), 453 (44-46, 50-51, 53), 464 (146). Public order and safety, 323 (114). 369 (21). Public utilities, 223 (217). Pyrmont, 91; see Waldeck. Railways, 9 (8), 17-18, 484 (24) admin- istration, 17 (44); Bavaria excluded from articles, 17 (42)-18 (46); Bun- desrat committee on, 11 (8); long dis- tance transportation, 18 (45); low tariff in case of public distress, 18 (45); no law to prevent competitive lines to be built, 17 (41); one system, 17 (42); right to construct, 17 ^41); tariff, ] 8 (45) ; upkeep of, 17 (43) ; use of roads for defense of couutiy, 18 (47). Ratssetzung, 169 (16). Ratzeburg, 188. Realgymnasien, 206 (91). Rechtserwideriing, 314 (70). Rechtsverhdltnisse, 235 (98). Reformed Church, 454 (70), 456 (83). Regalia maiora, 186. Reichstag, 10 (5), 13-14, 477 (3), 478; ac- ceptance of office, 13 (21); action by majority, 14 (28); adjournment, 14 (26); composition, 13 (20), 447 (3); duration, 14 (24); election of mem- bers, 13 (20), 14 (25, 27); eligibility ' of members, 12 (9); immunity of members, 14 (30); members' salary, 14 (32); members not liable to arrest Reichstag — Continued . during session, 14 (31); members representatives of people, 14 (29); proceedings to be public, 13 (22); right to propose laws, 14 (23). Religion, 37 (18-20), 51, 60 (9), 76 (12), 88 (2), 95 (29), 96 (39), 128 (5), 131 (23), 143 (96), 147 (15,20), 148 (2), 149 (39-44), 177 (50), 194 (32-37), 203- 205, 226 (12), 24&-246, 258 (21), 261 (47-49), 281-282, 325-330, 332 (213), 346 (34), 349 (66), 367 (12), 369-371, 419 (4-5), 433 (39^1), 434 (42-44), 438 (83), 450 (24), 454-455, 460 (129), 461 (132a), 464, 485 (25). Reuss, Older Line, 8 (1). Administration, 241 (18). Budget, see Finance. Bund (North German Confederation), settles disputes between the Gov- ernment and the Diet, 254 (91). Citizen: Emigration granted, 242 (25); equality before law, 242 (24,27); equality in civil service, 242 (26); freedom of person, 242 (25); letters, privacy of. guaranteed, 243 (28); may take complaint before Diet, 242 (27); no seizure of letters or papers without virtue of judicial command, 243 (28); property inviolable, 243 (30); rights and duties, 242 (21). Civillisie. 241 (17). Civil service: Duty of employees, 243 (35); orders to be countersigned, 244 (36); violation of Constitution, 254 (89). Constitution: Amendment, 254 (90) binding upon all citizens, 254 (87) disputes, constitutional, 254 (91) previous Constitution abolished, 25& (92); violation of, by civil service employees. 254 (89). Crown properties, 240 (13-16), 241 (17). Diet: Age limit, 248 (58); assumption of new indebtedness, 251 (73); au- thorized to bring complaint against citizens, 252 (76); authorized to bring complaint to Prince, 251 (75); budget, 250 (71); chairman, election of, 252 (79); commissioners. Prince may name, 253 (83); composition, 246 (53); considers subjects sub- mitted by Prince before all other matters, 250 (69); contested election,. INDEX. 617 Reuss, Older Line — Continued. 248 (63); deputies, duties, 248 (63); deputies, oath, 248 (64); Diet memo- rial, 253 (85); election, 247 (54); election frauds, 248 (57); expression of opinion is free, 249 (65); full as- sembly necessary, 252 (77) ; laws, is- sued with consent of Diet, 249 (67); laws submitted by Prince, 249 (66); power of 248 (62); prorogation, 254 (85); requirements for election, 247 (55-56) ; resolutions effective through sanction of Prince, 252 (77); salaries, 254 (86); secretary, 253 (80); State and Court officials need permission of superiors to accept, 248 (60); taxes can not be levied without consent of Diet, 250 (70) ; transaction published 253 (84); transaction to be public, 253 (81). Education: Matters of instruction and education under highest church au- thority, 24 6 (50) ; provision for educa- tion, 245 (49); supreme church board, 246 (50). Elections, 248 (61); election frauds, 248 (57), requirements, 247 (55, 56). Emigration, right of, 242 (25). Equality before law, 242 (24-25). Family entails, see Crown property. Feudal obligations abolished, 243 (31). Foundations, 246 (51). Freedom of person, 242 (25). Greiz, city of, 246 (53). Judicial system: Arrest, 244 (40); com- plaints to be directed against State or communal board, 245 (42); confisca- tion, 245 (43); criminal procedure, 244 (39); domiciliary visit permissible only in certain cases, 244 (41); equal- ity before law, 244 (38); illegal imprisonment, 244 (40); jurisdiction proceeds from States, 244 (37); moratoria not to be granted, 245 (44); Prince has right to pardon, 245 (45). Landesvertretung , 246 (53), see Diet. Landtag, 247 (54), see Diet. Legacies, 246 (52). Letters, privacy of, guaranteed, 243 * (28). Military service alike for all, 243 (33). Moratoria not granted, 245 (44). ReuFS, Older Line — Continued. North German Confederation, a State of, 238 (1); settles disputes between the Government and the Diet, 254 (91). One indivisible State, 238 (1). Pardon, right of, 245 (45). Personal taxes, 243 (32). Prasidium (Chairman of the Diet), 249 (65). Property inviolable, 243 (30). Public property, 240 (13). Regency, 239 (7-12). Religion, 245 (46); equal civil and political rights, 245 (47); founda- tions, 246 (51); freedom of worship, 245 (46); legacies, 246 (52); Prince possesses rights over national church, 245 (48); provision for education, 245 (49); supreme church board, 246 (50). Revenues, 240 (15). Sovereign: ITeritary lord of Reuss, 238 (3); private funds, 242 (20); resi- dence, 238 (4). Stande (Estates), see Diet. Taxes, 243 (34); personal, 243 (32). Territory, alienation of, 238 (2). Vorstand (Head of the Government), 248 (64), 254 (91). Wechselverfahren, 249 (65). Zeulenroda, city of, 246 (53). Reuss, Younger Line, 3 (1). Alienation of territory, 264 (70). Arrest according to law only, 260 (39). Assembly, freedom of, 259 (26). Benevolent institutions under special protectioii of State, 261 (48). Book trade, freedom of, 259 (26). Citizens: Civil and political rights, 258 (14, 18-21); juridical protection, 258 (23-24), 259 (34)-260 (44); local self- government, 259 (29-30); military obligations, 259 (28); right of petition and complaint, 258 (22); State serv- ice, 259 (31-33). Citizenship, 258 (15-17). Civil rights, 258 (14, 18-21). Confiscation, 260 (44). Constitution: Binding on all citizens, 268 (102); pledge and obligation to observance of Prince and public offi- cials, 268 (103-105); responsibility of 518 INDEX. Reuss, Younger Line — Continued. public officials for the coiistitution- -ality of their acts, 269 (106-107); vio- lations and resultant prosecution and impeachment, 269 (108)-270 (117). Constitution of 30 November, 1849, 256. Constitution of 14 April, 1852, 256n. Diet: Allowance of members, 266 (95); convocation every three years or oftener, 265 (81); deputies obliged to appear personally, 265 (83); discus- sions are public. 268 (91); dismissal by Prince, 267 (97); election of depu- ties already in service, 265 (85); im- munity of arrest during session, 266 (94); minority must submit to major- ity, 266 (93); Ministry must be repre- sented, 266 (89); opening by Prince, 268 (90); quorum necessary, 266 (86); substitutes of deputies, 265 (84): see also National Assembly. Diet Committee, 263 (60), 267 (98); al- lowance of members, 268 (101); is commission of the Estates, 268 (101); must retain its members, 268 (101); powers of, and period, 267 (99); state- ment of accounts to be rendered, 267 (100); substitute members, 268 (101). Domiciliary seaich at direction of court, 260 (40). Education, 261 (48). Emigration, right of, 258 (18). Evangelical Lutheran State Chiurch, 261 (47); decrees issued by consistory, 261 (47); under special protection of State, 261 (49). Finance, 262-263; moratoria, 261 (45); obligations and rights of Diet Com- mittee, 2Q7 (99-100); State revenues not to be augmented by those of com- munities and institutions, 258 (30). German Confederation, an indivisible and independent part of, 256 (1-2); laws and resolutions of, in the Princi- pality, 259 (26), 263 (62), 264 (68); Constitution of Principality placed under the guarantee of. 271 (118). High Court of Appeals, 270 (113-115). Hunting, privilege of, 261 (46). Jena, 270 (113, 114). Justice, administration of, 258 (23-24), 259 (34)-260 (44); High Court of Ap- peals, 270 (113-115); impeachment Reuss, Younger Line — Continued. and prosecution for violations of the (Constitution, 269 (108)-270 (117); in- dependence of the courts, 260 (43). Mail, inviolability of, 259 (27). Military service, 259 (28). National Assembly: Alienation of terri- tory, 264 (70); annual account to as- sembly, 262 (60); budget presented, 262 (56); can exercise its rights upon unallowed actions of officials, 269 (112); decrees require sanction of Assembly. 264 (66); deputies can not receive instructions for vote, 261 (52); Diet Committee, 263 (60) ; emergency measures, 263 (62); investigations, 265 (77); legislative power in com- mon with Prince, 263 (63); national debt, 263 (61); rights of people repre- sented by deputies, 261 (50); oath of deputies, 261 (53); Piince represents State alone, 264 (69); proposed laws, 264 (74): rights and duties, 261 (54); rights belonging to, exercised in Diet, 265 (80); to be informed of com- plaints. 269 (112); to report abuses in administration, 264 (76); treaties, 264 (72); see also Diet. National debt, 263 (61). Nationality of citizens, 257 (13). Pardon, right of, 257 (7). Persons in custody. 260 (42). Press, freedom of, 259 (26). Prince: And the Constitution, 268 (102, 103), 269 (107), 270 (114); the Evan- gelical Lutheran State Church, 261 (47); executive power vested in, 256 (5)-257 (7); legislative power, 263- 264, 265 (82), 266 (88), 267 (96, 97); minority, 257 (9); oath of fidelity to, 268 (105); succession to throne, 257 (8). Princely family, 257 (10-11). Property, protection of, 258 (21). Public officials: Responsibility for the constitutionality of their official acts, 269 (100-107); their liability to prosecution and impeachment for violations of the Constitution, 269 (108)-270 (117). Regency, 257 (9). Religious freedom, 258 (21). State service, 259 (31-33). INDEX. 51^ Reus8, Younger Line — Continued. Succession to throne, 257 (8). Territory, 256 (1); alienation of, 264 (70). Treaties, 264 (72). Reutlingen, 462 (133). Revenue, see Finance. Revolution, 236 (111). Revolution of 1848, 5. RUterschoft, 187. Roman Catholic Church, 37 (27), 39 (30), 204 (78), 205 (82), 283 (63), 434 (42), 454 (70), 455 (78-82), 460 (129), 461 (132a). Rostock, 187, 188. Roulston, R. B. (translator), 365n, 384n. Suchsenhusse, 310 (51). Salaries, 30 (26), 158 (4, 5), 161 (34), 162 (40), 215 (164), 254 (86), 266 (95), 268 (101), 295 (120), 352 (90), 356 (119), 377 (59), 388 (20), 410 (80), 422 (33), 435 (60). Salt, taxation of, 15 (35). Saxe-Altenbiir?:, 8 (1). Abzugsgeld, 314 (70). ,^ id for needy, 313(68). Ambassadors to the Ducal Court, 318 (94). Appeals, Court of, 341 (266). Bankruptcy, 317 (89). Caroline School for Girls, 339 (256). Church, see State Church. Citizens, see Subjects. Citizenship: Acquisition of, 316 (2); loss and reinstatement, 317 (3); naturalization, 307 (41); suspension of civic rights, 317 (4); status, 307 (40). Civil list, 302n, 305?2. Clergy and students of divinity subject to the authority of Synod and (^on- sistory, 327 (142)-328 (149). Communes: Organization of, 320 (100- 101); debts, 323 (112); duties and obligations of, 320 (101), 323 (111, L14); estate of, 323 (113); full rights of neighbors, 320 (102)-321 (105); in- habitants by special grant, 320 (101), 322 (108); nonresidents, 320 (101), 321 (106, 107); resolutions, 322 (111); rights of, 322 (110); see also Classes. Complaints, right of m.aking, 313 (65-(;6). Saxe-Altenburg — Continued. Consistory: Conference with Synod, 329^ (154); functions, .327 (140) ; general in- spection, 329 (152); morality, pre- serving of. 329 (153); organization. 327 (139). Constitution, general provision. 341 (266). Corporations, 319 (99); see also Com- munes, and Classes. Domanial property, 302 (3) and n, 305n, 315n. Ducal House: Princes of. 305 (25-28); private rights of the memlers of, 30& (34-35). Duke: Civil list, \i02n, 305n; executive and supreme power, 303 (4-10); irre- sponsibility for gavernmental acts, 306 (36); majority. 304 (15); minority and guardianship, 304 (16-17); rela- tions toward the Joint House of Sax- ony and the German Confederation, 303 (11-12); successor, ;^04 03-14); wife, 305 (23); set- also Sovereign. Education: Freedom of 312 (62-63); under inHuence of Provincial Piet, 332 (213); supervision of schools by Consistory, 327 (141); school teachers subject to Synod and Consistory, 329 (150-151). Elections: ('oercion and 1 ri^ ery, 321 (105). Emigration. 313 (69)-314 (70); forfeit- ure of communal rights I y, 321 (104). Evangelical Protestant Church. 325, 326. Finances: Functions of the Provincial Deputation. 339 (253-254); funds of communes not to be merged with State funds. 323 (113): Provincial Diet and the State budget. 331 (203)- 332 (208); State Bank. 336 (236). Food regulations, 311 (55). Foreigners. 318 (94)-319 (98). 322 (108- 109). Forenser, 318 (91), 321 (1.06). (^»ermau (bn federation: Dune's and Duchy's relation to. 303 (11-12), 314 (70) ; emigration to a State of. 314 (70) ; laws of, 31 1 (72) ; contingents in the army of, 315 (77-80); treaties vnXh. States of, 307 (41). Plousehold, establishment of, 312 (64). 620 INDliX Saxe-Altenbiirg — Continued. Illegitimacy, 307 (41). Industries, 312 (60). Judicial system: Court of Appeals, 341 (266); judicial authorities in the cit- ies, 324 (126); legal annulment of private personal restraint. 310 (51- 53); legal protection of subjects, 308- 309; property safeguards. 310 (54)- 311(55). LandesdeputaHon, 333 (218). Legislation, defects in. 332 (214). Magdalenen Endowment, 330 (256). Marriage laws. 312 (64). Military affairs: Exclusive power in, 303 (10); expenditures, 332 (212); universal service, 315 (77-80). Monopolies not granted, 311 (59). Morality, preservation of, 329 (153). Municipal corporations, see Classes. Naturalization. 307 (41). Pardon: Rests with Sovereign. 303 (8), 309 (48) ; restriction of this right, 316n. Patents may be obtained, 311 (59). Pauper laws. 313 (68). Person, freedom of. 310 (5]). 330 (221). Pensions, 317 (85V Petitions and complaints: Right of, 313 (65-66): obligation of the Pro- vincial Diet in regard to those laid brfora it, 332 (316). Police confiscations, 311 (55). Property: Communal, 322 (110): do- manial, 302 (3) and n, 3C5n, 315n; legal safoguards of, 310 (54)-311 (55); of foroignr^rs, 307 (39): of nonresident subjects, 318 (92): privat?, 330 (201); right to dispos- of, 311 (56-57). Provincial Deputation : Its purpose, 388 (249): organization, 338 ^250); func- tions, 339 (251-257): summoning of, 339 (258)-340 (259): rflations to the Provincial Dirt, 340 (260-265). Provincial Diet: Obligations of mem- bers, 330 (199-200); legislative and administrative functions, 330 (201)- 333 (218); sessions, 333 (219)-334 (222), 338 (248); ofHcers, 334 (223)- 335 (228); minutes, 335 (230)-337 (245), 338 (247); salary and expensrs of members, 337 (246); executive committee, see Provincial Deputa- tion. Saxe-Altenburg — Continued. Public safety: Pres'^rvation the duty of the communps, 323 (114). Public service: Eligibility of aspirants, 312 (61); eligibility for town officials, 320 (102): suspension of public serv- ants, 318 (90): salaries, 318 (90). Rechtserniderung, 314 (70). Religion: Christian faith as a requisite for citizenship, 307 (42):- Christian denominations other than the State Church, 325 (129); see State Church. Sachsenbusse, 310 (51). Saxony, relation of Duke and Duchy to Joint House of, 303 (1-2). Schools: Assessments and contribu- tions, 330 (157): funds, 329 (155); in- terest on endowments, 330 (161) supervision by Consistory, 327 (141) teachers, appointment of, 327 (142) see also Education. Schutzbiierger, 322 (108). Schutzhnergerrecht, 322 (109). Schntzverwandte, 322 (108). Sovereign: Head of State, 303 (4): en- actment of laws require his approval, 303 (5): fidelity and obedience to, 314 (71); power over military forces, 303 (10): responsibility of Ministers for governmental acts, 306 (36-37); right of pardon, 303 (8), 309 (48), 31 6n; rights and obligations in regard to the activities of the Provincial Diet, 333 (219)-3:M (222), 335 (231)- 336 (235), 337 (237), 338 (248), 339 (251-252, 255), 339 (257)-340 (259), 340 (260, 261 , 263, 264): see also Duke. Stat- Church, 325 (128-131): ecclesi- astical laws require Duke's confirma- tion, 325 (131): its basis, 325 (132); powers, 325-329: functions, 325 (134); synods, 326 (135-136): Consistory, 325 (133), 326 (]38)-329 (154); funds of churches, schools, and endow- ments, 329 (155)-330 (161); compe- tence of the Provincial Diet in church matters, 332 (213). Subjects: Citizenship and status 307 (38)-308 (43): civic and political rights, 307-314, 320 (102)-321 (105); duties and obligations, 314-316; sus- pension of civic rights, 317 (89)-318 (90); nonresident, 318 (91-93), 321 INDICX 521 8axe-Altenburg— Continued . n06-107); temporary (aliens), 318 i94)-819 (98V, inhabitants by special grant, 322 (108-109). Sijccrssion to the throne, 302 (3), 304 (13-14). Suffrage, 317 (88). Syndints, 334 (223), 340 (265). Synods, 326(1.35-136). Taxfs: Assessment and appraisement, 314 (74)-315 (76): ehief tax fund, 338 (247): communal duties and, 321 n03): d^partm3 (63); municipal councils, 286 (75); officials, 286 (75). Nobility: Feudal connections between Sovereign and his vassals, 275 (17); feudal representatives wiih First Chamber, 283 (63)-284 (65); see nlw Royal family. Oaths, official, 287 (82); 297 (139). Pardon, right of, 281 (52). Petition and complaint, right of, 279 (.36),292(109)-293(111). INDEX. 52^ Saxony — Continued . Press and book trade, freedom of, 279 (35). Property: Of the State and the income and property of the Royal Family, 274-278, 292 (108); private, 276 (21), 278 (31). Public institutions, 282 (60). Public service: Complaints against State officials and, 292 (110)-293 (111), 297 (140-141); duties defined in special law, 280 (44); election of public servants, 286 (75); ministerial departments, 280 (41); officials, re- sponsibility of, 280 (42); orders of King to be countersigned by de- partmental heads, 280 (43). Public worship, 281 (56). Regency, 273 (9)-274 (15); 296 (138). Religion, 281-282; clergy elected as members of the Assembly, 286 (75) ; Ministry of, 280 (41) ; see also Catholic Church, and Evangelical Lutheran Church. Royal family: Property and income, 274-278, 292 (108); princes of, 283 (63); relations of the Duke and Duchy of Saxe-Altenburg to the Joint House of Saxony, 303 (11-12). Second Chamber, see Assembly of the Estates. Spiritual authority, 282 (58). Staatsgerichtshof, 297 (142). Subjects: Civil and political rights, 278 (25-29), 279 (32-36); duties, 278 (24); military obligations, 278 (30); property rights, 278 (31); taxation ights, 279 (37)-280 (40). -cession to the throne, 272 (6-7). airage qualifications, 285 (74). Taxes: Payment of , 279(37); legislation in the Assembly, 289 (96, 97), 290, (102-103), 291 (104). University : Representati on i n the First Chamber, 283 (63). Schaumburg-Lippe, Princely House of, 91. Schaumburg-Lippe, 8 (1). Biickeburg, 397 (14), 405 (56). Bund (German Confederation), 409 (77). Coal mines: Schaumburg 404 (51); con- tribution to be calculated yearly, 405 (53). Commercial treaties, 397 (9). 92975—19 34 Schaumburg-Lippe — Continued. Constitution: Changes, 409 (76); to go in force when announced, 409 (77). Diet: Adjournment, 400 (28) ; allowance, 399 (20); budget, 401 (33); composi- tion, 397 (14); delegates, loss of qualification, 399 (22); Diet Commis- saries, 399(25); dissolution, 400 (29); election, 398 (15); elects its President, 399 (24); expenditures in excess of budget, 401 (38); has right of com- plaint to Government, 402 (42); loans, 402 (40) ; members can not be arrested during session, 398 (18);: members can not be called to account because of motions in Diet, 398 (17); members to consider themselves rep- resentatives of entire country, 398 (16) ; new taxes, 401 (35) ; opening and closing, 399 (23); period, 399 (21); preliminary financial computation^ 401 (37); quorum, 400 (27); sessions are public, 400 (26); Sovereign can adjourn, 400 (28); Treasury deficits, 402 (39); when to be held, 399 (23). Diet Committee: Duties, 403 (45); place of assembly, 403 (47); sessions and periods, 402 (44). Domains: Belong to Princely House, 403 (49); coal mines (Schaumburg), 405 (55); contribution to expenditure of administration, 404 (51); revenues from, 403 (50); separation from State budget, 403 (48). Elections, 397 (16)-398 (17). Feudalism, abolished, 398n. Finance: Budget, 401 (33, 38), 403 (48); Diet competence in regard to, *401 (33, 35, 37, 38), 402 (39-40); domanial revenues, 403 (48, 50); loans, 402 (40); Treasury deficits, 402 (39). German Confederation, claims against Principality, 409 (77). Grazing, right of, 409 (74). Hunting, right of, 409 (73). Judicial system: Separated from ad- ministration, 408 (69); arrests and trial of representatives in periods of sessions, 398 (17-18). Landed property, free from tributes, 408 (70). Laws abrogated by Constitution, 410 (80). Legislation, transitional, 408-410. 530 INDEX. Schaiimburg-Lippe — Continued . Lese-majesty, 398 (17). Loans, 402 (40). North German Confederation, relation of Sovereign and Principality to, 396 (2), 401 (36), 405 (52), 406 (61). Ordinances abrogated by Constitution, 410 (80). Pardon, right of, 397 (10). Pasturing, right of, 409 (73). Political treaties, 397 (9). Prince: All rights of executive power are united in, 397 (5); assembles Diet, 397 (11); concludes treaties, 397 (9); confers all titles, 397 (8); executive power, 397 (7); hereditary ruler, 396 (3); majority, 397 (12); minority, 396 (4); right of pardon, 397 (10); supervises interior admin- istration, 397 (8). Property, domanial, 403 (48, 49, 50), 404 (51), 405 (55); landed property, 408 (70). Public service: Appointments, 407 (62); civil service law to be issued, 407 (66); discharges from service, 407 (64); functionaries bound to be loyal to Prince, 407 (63); judges, 407 (66); pensions, 407 (65); servants of the State need no leave of absence to join the Diet, 398 (19). Salaries, 410 (80). Schefelschatzgelder, 406 (59). Stadthagen, 397 (14). Taxes: Legislation in Diet, 401 (35- 36). Tenement, hereditary, 408 (71). Territory, 396 (1). Treasury deficits, 402 (39). Schefelschatzgelder, 406 (59). Schleswig, 6, 191 (17). Schleswig-Holstein affair, 6. Schulachten, 202 (6). Schulze, H., Hausgesetze (cited), 257n. Schutzlmerger, 322 (108). JSchutzhuergerrecht, 322 (109). Schutzverwandte, 322 (108). Schwarzburg-Rudolstadt, 8 (1). Citizens, see Subjects. Civil functionaries, oath to observe the constitutional provisions of the coun- try, 418 (48). Constitution: Charges against Govern- ment members for violations against, Schwarzb urg-Rudolstadt — Continued . 416 (35); constitutionality of laws, 414 (26); oath of fidelity to, 413 (18); oath of Prince or regent to maintain, 418 (47); oath to observe of ci\dl func- tions, and church and school em- ployees, 418 (48); obligation of Diet Committee to take note of unconsti- tutional occurrences, 417 (43); repeal or amendment of, 417 (46); prosecu- tion of counselors for violation, 412 (6-8); supersedes all previous provi- sions incompatible with it, 418 (49). Counselors: Appointment and tenure of office, 412 (4); their complete amenability to civil suits, the laws, and the Constitution, 412 (6); their independence of the Estates General, 412 (4); see also Government. Crown property, see Domains. Deputies (to Diet): Election, eligibil- ity, and tenure of oflfice, 413 (1-3, 19); election, 413 (20); nonterritoriality of, 413 (17); oath of loyalty to Prince and Constitution, 413 (18). Diet: And the public debt, 414 (27), 415 (32); budget, 417 (43); budget of expenses and expenditures, 416 (33- 34); budget of State expenditures, 415 (28-31); composition and func- tion of, 413 (1, 17); convening of, 417 (43); convocation of, 416 (36); coop- eration in finances of the Government with the administrative officials, 414 (27), 416 (34); cooperation of Gov- ernment administration with, 416 (39); conduct of business, 413 (20); closing of, 416 (41); dissolution of, 413 (19); 414 (21); executive commit- tee of, 412 (8); functions of, 417 (43, 44); general legislative functions of, 416 (39) ; general legislative rights and functions, 414 (22, 23, 24-26); legis- lative functions in determining and fixing State revenues and expendi- tures, 414 (23, 27), 415 (29); may alone institute criminal proceedings for violations of the Constitution, 412 (7-8); order of business, 413 (20); 416 (38); quorum, 413 (20); repeal or amendment of the Constitution, 417 (46); right of petition and complaint, 414 (23), 416 (35); right to prefer charges against Government mem- INDEX. 531 Schwarzburg-Rudolstadt — Continued, bers for violation of Constitution, 416 (35); right to test constitutionality of laws, 414 (26); sessions, 416 (36-37, 40, 41); supervision of State revenues and expenditures, 414 (23), 415 (30- 32), 416 (33-34); see also Deputies, and Diet Committee. Diet Committee: Composition, 417 (42); convening, 417 (43-44); function, 416 (37); 417 (42); sessions, 417 (43). Diet resolution of 21 April 1821, re- pealed, 418 (49). Domains: Their constitution, care, and administration, 412 (9), 413 (11); sales of, 412 (10), 415 (31). Education: School employees to take oath to observe the Constitution, 418 (48). Election law and ordinance of 9 June 1848, repealed, 418 (49). Elections, 413 (1, 2, 3, 19), 414 (21). Estates General, see Diet. Expenditures, see Finance. Finance: Audit of revenues and ex- . penses, 416 (33-34); budget, 417 (43); • • i budget of expenses and expenditures, . 416 (33-34); budget of State expendi- - ' Jtures, 415 (28-31) ; budget periods, 415 >tii{28-29); Diet's legislative functions li in regard to, 414 (23, 27), 415 (29, 32); lOvDiet's right of supervision, 414 (23), ..'m415 (30-31), 416 (33-34); expenses of the administration, 413 (11); finance committee, 415 (32), 416 (33, 37); It general treasury, 416 (33); princely .>0i:bond8, 415 (32), 416 (33); public ,io debt, 414 (27), 415 (32); State reve- -timnues, 414 (23); treasury notes, 415 m{%2). GDvernment: Administration, func- tions, and obligations of, 415 (28, 30- 31); administrative officials to certify ' all treasury notes, 415 (32); adminis- trative functions, 412 (4-6), see also Counselors; expenses of the admin- istration, 413 (11); financial functions of the administrative officials in co- operation with Diet, 414 (27), 416 (34); legislative branch, see Diet; legislative powers and limitations of its administrative officers, 414 (25); members of, see also Counselors; supreme power in Prince, 411 (1). Schwarzburg-Rudolstadt — Continued. Judicial system: Complaints regarding abuses or derelictions in administra- tion of justice, 416 (35); criminal pro- ceedings for violations of the Consti- tution, 412 (7-8); princely court of appeals, 412 (8). Laws: Constitutionality of, 414 (26); promulgation of, 412 (5-6), 414 (26); see also Diet (legislative functions) . Legislation, see Diet. Oath of loyalty to Prince and Constitu- tion, 413 (18). Personal liberty, 414 (24). Petition and complaint, right of, 414 (23), 416 (35). Prince: Accession oath to recognize and maintain Constitution, 418 (47); and Diet Committee, 417 (43); charges against Government members for vio- lation of Constitution, 416 (35); co- operation in State matters with Diet, 411 (1); and criminal proceedings for violations of the Constitution against his counselors, 412 (6-8); convening of Diet, 416 (36); dissolution of the Diet, 413 (19); 414 (21); family sup- ported out of revenues of the domains, 413 (11); his exercise of administra- tive functions in the Principality, 412 (4-6); household expenses de- frayed out of revenues of domains, 412 (10); minority of, 418 (47); pledge of loyalty to, 413 (18); personal invio- lability and irresponsibility, 411 (2); supreme head of State, 411 (1); to sign treasury notes, 415 (32). Principality: Fundamental laws of, 414 (24); representation in Diet, 411 (1), 413 (1, 17). Princely House, property of, see Do- mains. Property, Crown and, of Princely house, see Domains; of subjects, 414 (24). Puhlicandum on popular representa tion of 8 January 1816, rei)ealed, 418 (49). Religion: Church employees to take oath to observe the Constitution, 418 (48). Responsibility of Members of the Princely Privy Council Board, law of 2 June 1848 on, repealed, 418 (49). 532 INDEX. Schwarzburg-Rudolstadt — Continued. Revenues, see Finances. Revenues and expenditures, determi- nation and fixing of by Diet, 415 (29). Salaries, 413 (2). State, see Governn>ent. Subjects: Acquisition and loss of status as, 411 (3) ; rights in alienation of ter- ritory to be safeguarded by Diet, 415 (33); personal liberty and security, 414 (24); property, 414 (24); rights and powers, 411 (3); taxes and other burdens, 414 (23, 27). Succession to the throne, 412 (9). Taxes: And other burdens, imposition of, 414 (23, 27); expenditures of, 415 (28); levy of, 415 (29); see also Fi- nance. Territory; alienation of, 415 (31). Treasury, see Finance. Treaties, calling for cession of territory, 415 (31). Schwarzburg-Sondershausen, 8 (1). Advisory Council, 423 (39). Citizens, petitions and complaint of, 424 (55). Citizenship, acquisition and loss of, 419 (6). ' Civil service, law of, 419 (10). Constitution: Changes or additions to, 421 (17), 423 (38, 39); oath of Prince and public officials to observe, 421 (18), 422 (31). Constitution of 12 December 1849, rescinded, 419 (7). Crown lands, 421 (19-20), 424.(51, 54), 427 (83). Diet: Archives of, 421 (18); articulation (cooperation) with Ministry, 425 (56, 57, 58, 65), 426 (66, 67, 70, 71); delib- erations and votes on bills, 425 (64), 426 (70); deliberations and votes on changes or additions to Constitution, 423 (30); general legislative func- tions of, 422 (34), 423 (43); elections and eligibility of deputies, 421 (22- 25), 422 (29); general function of, 421 (21); immunity of its deputies in the discharge of their official duties, 422 (32) ; legislative functions in regard to Government finances, including the sale of public and Crown lands, 423 (44), 424 (54); living and traveling expenses of its deputies, 422 (33); Schwarzburg-Sondershausen — Contd. oath of deputies of loyalty to Prince- and Constitution, 422 (31); officers of^ 422 (31), 425 (59-60), 426 (67, 72-74)^ 427 (80); official obligations of depu- ties to entire Principality, 422 (30); order of business, 426 (71); representa- tion of Principality in, 419 (2); right- to institute court proceedings for vio- lation of Constitution, 425 (57); right to receive and lay before the Prince petitions and complaints, 324 (55)^ 425 (61); sessions, 421 (26), 422 (29),. 425 (62-63), 426 (67, 73, 74). Diet Committee: Composition, periods and officers of, 426 (72-74); coopera- tion with Diet, 427 (78, 79, 80, 81, 82,. 83), 428 (87); cooperation with Min- - istry, 427 (79, 82, 85); functions in regard to Government finances and budget, 427 (76-84); in regard to- other Government business, 427 (85); meetings and method of conducting business, 427 (75), 428 (86). Duties, 424 (47). Elections, 421 (22-25), 422 (29). Evangelical Lutheran Church, the- State Church, 419 (4-5). Finance: Annual statements and au- dits, 427 (76); budget, 433 (45), 424 (46), 427 (77, 78); budget periods, 421 (26), 423 (44); guarantees taken over by the State only by act of the Diet^ 424 (50); issuance of paper money only by act of the Diet, 424 (50); justification for moneys expended, outside of the budget provisions, 427 (77-78); loans floated only by an act of the Diet, 424 (50); revenues to be used for the purpose for which they were legislated, 424 (49), 427 (76);: Treasury has charge of all debts of State or the exchequer, 424 (52); see- also Taxes, Duties, and Revenues. German Customs and Commercial" Union, Government contract relative to, 423 (43). Government: Administration of, see Prince; executive power of (see also Prince), 421 (17); form of, 419 (1-2); legislative power, see Diet; officials . (see also Civil service), 421 (23), 42a (66). Judiciary, and matters of ,428 (1). INDEX. 533 Schwarzburg-Sonderahausen — Contd. Laws: Accession oath of Prince or regent to support and protect, 421 (18); general code, 426 (67, 71); spe- cial for regency and education of Prince during his minority, 420 (16). Ministry: Appointment and tenure office of members, 419 (10); coopera- tion with Diet, 425 (56, 58, 65), 426 (66, 67, 70, 71); functions, obliga- tions, and responsibilities, 420 (11-12), 422 (27, 31), 424 (49, 52, 55), 425 (57). Nationality: Acquisition and loss of, 419 (6); see also Citizenship. Oath of office, 421 (18), 422 (31). Prince: And the sessions of the Diet, 421 (26), 422 (29); cooperation with Diet, 419 (8), 423 (40-41); deputies of Diet pledge loyalty and obedience to, 422 (31); executive power of, 419 (8); inviolability of person and per- sonal irresponsibility, 419 (9), 420 (12); legislative cooperation with Diet, 422 (34), 423 (37, 39); majority, 420 (15); Crown land and private property of the Princely lands, 421 (19-20), 424 (51, 54), 427 (83); regency during his minority or his inability to rule, 420 (16), 421 (18); status in State Church, 419 (4); throne, 424 (55), 425 (57); see also Princely House, and Succession to the throne. Princely House (Schwarzburg-Sonders- hausen and Schwarzburg - Rudol- stadt), 420 (13). Property: Of the Prince and Princely • House, 421 (19-20), 424 (51, 54), 427 (83); sale of public lands and, 424 (53), 427 (83). Provincial Assembly, 424 (52). Regency: During the minority of the Prince or his inability to rule, 420 (16); oath of accession and convoca- tion of Diet, 420 (18); powers and limitations of regent, 420 (17). Religion: Its parish administration, 419 (5); Prince's status therein, 419 (4); State Church (Evangelical-Lu- theran), 419 (^5). Revenues, raising of, 427 (76). Salaries, 422 (33). State: Church, 419 (^5); Principality of Schwar^burg-Sondershausen con- stitute one, 419 (1). Schwarzburg-Sondershausen — Contd. State officials, see Government. State contracts. When needing the con- sent of the Diet, 423 (42). Succession to the throne, 420 (13-14). Taxes, 424 (47); raising of, 427 (76). Thuringia, Government contracts, rel- ative to, 423 (43). Schwerin, Duchy of, 187. Science, teaching of, free, 226 (20). Search and seizure (legal), 195 (40), 260 (40, 44), 432 (29). Serfage, 228 (42). Serfdom, 450 (25). Servitude, 76 (7), 148 (25). Shipbuilding artisans exempt from army service, 21 (53). Sielachten, 202 (6). Signals of navigation, 9 (9). Slavery, 76 (7), 148 (25). Socage, 59 (7). Societies, see Associations. Sonderburg, 191 (17). South German States, 6, 7. Speech, freedom of, 77 (112), 154 (83> 84), 196 (46), 347 (43). S taatsanudlte, 2S5 (9S). - Staats-Burgerrecht, 147 (12). Staatsgerichtshof, 297 (142). Stadtburgerschaft, 87 (76). Stadthagen, 397 (14). Stdnde (Estates), 242 (27). Stdndeversammlung, 52n. Stammguter, 223 (213). State Church, 325-332, 370 (29, 30). States of the Confederation: Their rights in the Bundesrat, 10 (6)-12 (9); their constitutional duties, 13 (19). States of the Empire, 8 (1). Statthalter (Alsace-Lorraine), 7. Sternberg, 187. Steuerjahre, 171 (22). Steuer-und Gewerhe-Ver/assung, 228 (42). Stevens, Wilfred (translator), 91n, 189n, 429n. Stoerk-Rauchhaupt, Handhuch der Deut- schen Verfassungen (cited), 5n, lOn, 28n, 35n, 51n, 71n, 91n, 128n, 145n, 158n, 165n, 189n, 225n, 238n, 256n, 272n, 302n, 342n, 365n, 384n, 396n, 411n, 419n, 429n, 447n. Stuttgart, 460 (129), 461 (132), 462 (133), 463 (144), 471 (190). 534 INDEX. Suffrage laws, 32 (2)-33 (8), 40 (34-35), 132 (31), 170 (20-21), 285 (74), 317 (18), 360 (146), 361 (152), 462 (133a), 463 (135, 142, 143), 487 (2). Sugar, taxation of, 15 (35). Supreme Court: Law on the Constitution of courts of justice of 27 Jan. 1877: "Supreme Court", 379n. Syndikus, 334 (223), 340 (265). Syrup, taxation of, 15 (35). Taxes, 15 (35), 30 (23), 36 (8), 42 (43, 54), 43 (56), 44 (61), 45(56), 52, 57 (4)-58 (5), 64 (3), 65 (7), 72 (I), 96 (39), 114 (173- 174), 115 (175-180), 116 (181-182), 137 (62), 146 (9), 151 (76), 152 (69), 159 (5, 6), 170 (20), 177 (50), 201 (65), 218 (187), 221 (94), 235 (101), 236 (109), 243 (32, 34), 250 (70), 289 (97), 290 (102-103), 291 (104), 314 (74)-315 (76), 318 (92), 321 (103), 331 (202), 336 (236), 337 (246), 348 (58), 350 (71), 356 (118), 357 (121), 358 (126), 371 (37, 38), 372 (42), 376 (56, 57), 378 (81), 379 (83), 401 (35, 36), 424 (47), 427 (76), 429 (7), 430 (12), 433 (36), 434 (46), 438 (83, 85), 447 (2), 458-459, 460*(124), 481 (5). Taylor, H. N. (translator), 28n, 238/1, 342n. Teaching, freedom of, 226 (20). Telegraph, see Post and telegraph. Territory, alienation of, see Alienation of territory. Tertia marcalis, 224 (218). Territory, Federal, 8 (1), 477 (2). Thuringia, Government contracts of the Principality of Schwarzburg-Sonders- hausen relative to, 423 (43). Titles, 92 (10), 397 (8). Tobacco, taxation of, 7, 15 (38). Trade: Bundesrat committee on, 11 (8); in foreign countries, 9 (7). 76 (11), 84 (58), 311 (58), 320 (102), 321 (107), 451 (29, 31), 462 (1326); see also, Commerce. Transactions of the Chamber of Councillors, 1842-42, of Bavaria, (cited), 72n. Transactions of the Chamber of Deputies, of Bavaria, (cited), 72n. Treason, see High treason. Treasury, see Finance. Treaty: Baden, 15 Nov. 1870, 6; and 25 Nov. 1870, 6; Bremen, 84; Bruns- wick, 92; Customs Union, 8 July 1867; Hamburg, 131 (22); Hesse, IS Nov. 1870, 6; and 25 Nov. 1870, 6; North German Confederation, 15 Nov. 1870, 6; and 25 Nov. 1870, 6; of Prague, 6; of Pressburg, 5; Olden- burg, 190 (6); Prussia, with Wal- deck-Pyrmont, 2 Mar. 1887, 429n,. 442-446; Reuss, Younger Line, 264 (71); Saxe-Altenburg, 307 (41); Saxe- Coburg-Gotha, 358 (128); Saxe-Mein- ingen, 366 (6, 7), 368 (18); Schaum- burg-Lippe, 397 (9); Schwarzburg- Rudolstadt, 415 (31); Waldeck, 429n, 430 (11), 442-446; Wurttemberg, 15 Nov. 1870, 6; and 25 Nov. 1870, 6. Ttibingen, 460 (129), 462 (133). Ulm, 462 (133). Unions, right to form, 347 (46). Universities, 37 (21), 122 (219), 283 (63). 456 (84), 460 (129). University of Helmstedt, 122 (219). University of Tubingen, 456 (84), 460 (129), 461 (132a). Unterbezirke, 173 (28). Uprisings, 359 (131). Urlaub, 232 (78). Urwahler, 231 (69). Vassalage, 348 (53). Veterinary and medical matters, police regulation of, 10 (15). Vienna, Congress of, 51. Vienna, final act of 15 May 1820, 5. Vocational training, 345 (4). Vogteien, 202 (6). Volksschulen, 226 (21). Vorstand (Head of the Government)^ 248 (64), 254 (91). Wahlmann, 231 (69). Waldeck, 8 (1). Administrative Authorities: Functions and jurisdiction, 437 (80); judicial functions not permissible, 438 (81); to receive written petition and com- plaints of citizens, 433 (33). Amnesty, 430 (12). Assembly, 435 (51, 59), 436 (68); see also Diet. Assembly, right of, 432 (29). Association, right to form, 432 (29). INDEX. 535 Waldeck — Continued. Bonds and burdens (seigniorial and protectorial): Abolished, 433 (35); (feudal) redeemable, 433 (38) ; funda- mental privilege to hunt on another's land, 433 (37); taxes and duties of performance as a lien on soil, re- deemable, 433 (36). Budget, 439 (91). Censorship of the press, 432 (30). Charity: Property of charitable insti- tutions, 434 (43). Christian religion, the basis of govern- mental institutions connected with the exercise of religious worship, 433 (39). Citizens, 429 (2); corporate rights and property of religions, 432 (41), 434 (43); freedom of belief and con- science, 433 (40); military obliga- tions of, 432 (31), 433 (32); property rights, 433 (34); right of petition, 433 (33); rights and liberties, 432 (28-30), 433 (32); rights not contingent upon religious confession, 433 (40); right of assembly, 432 (29), 433 (40), 434 (41). Civil authorities: When they may use the armed forces, 439 (93). Civil service, 430 (10). Communes: Appointment of public school teachers, 434 (44); right of administration of their affairs, 434 (45). Complaint, right of, 433 (33). Constitution: Amendment, elucidation, or amplification, 440 (95) ; binding on Prince, 429 (3); impeachment of re- sponsible members of Government for violation of, 436 (66); laws or provisions of law are repealed if contrary to, 440 (98); modification of, 429 (7), 440 (97); oaths to observe of Prince and all officers and servants of State, 431 (17, 18, 21), 435 (59); regulates rights and duties of citizens, 432 (28); war or insurrection forms an exceptional condition, 440 (96). Constitution of 23 May 1849, 429, 432 (26). Corporative rights, 433 (40), 434 (41). Courts: Exceptional are impermissible, 437 (75) ; functions and jurisdictions, 437 (80); judicial powers exercised Waldeck — Continued . in name of Prince by independent, 437 (74) ; patrimonial shall not exist, 437 (74); no privileged status with respect to persons or things to exist, 437 (76). Crimes and misdemeanors, 433 (40). Debts, State, guaranteed, 439 (88). Decrees: Binding when sanctioned by Estates, 440 (94). Deputies of the Diet, 435 (49, 50, 51, 59, 60); freedom of vote of, 436 (62); immunity from trial and punish- ment in official discharge of duties (exceptions noted), 436 (68); non- attendance to duties and mis- conduct and penalty of expulsion therefor, 436 (69); recompense of, 436 (70). Diet (joint for the two Principalities): Adjournment of, 435 (54); archives of, 431 (17); assemblage of on assump- tion of control of the Government by the Prince, 431 (18); by the regent, 431 (22); close of, 435 (52, 53, 56); committees of, 436 (64); composition, 435 (49) ; consent of to moratoria, 438 (82); convocation of, 435 (52); de- famatory utterance of deputies against, 436 (68); deputations not generally admitted to, 436 (67); dis- solution of, 435 (52-54), 436 (66); election and eligibility of deputies, 435 (49-51); impeaches responsible members of the Government for vio- lation of Constitution, 436 (66); in case of war or insurrection excep- tional condition may be introduced, 440 (96); its function, 434 (46); its legislative cooperation with the Prince, 429 (6-7); its method of pro- cedure, 435 (58, 60) ; legislative articu- lation of Prince with, 435 (52-54); legislative functions of, 436 (65); opening of, 435 (56); order and method of business, 436 (62); Presi- dent of, 435 (59, 60); procedure in regard to amendment, elucidation, or amplification of the Constitution,. 440 (95); quorum, 435 (57); receives and discusses written (not personally delivered) petitions, 436 (67); rela- tions with the Government, 436- (63-64); responsibility for exact ob- 536 INDEX. Waldeck — Continued. servance of the Constitution, 437 (72); 8e?it, 434 (47); secretaries, 435 (60) ; sessions of, 435 (54, 55), 436 (61) ; test as to legal validity of laws and decrees, 440 (94); Vice-President, 435 (60) ; see also Estates. Dues (various kinds), 430 (12). Education: Matters relating to, under supervision of State, 434 (44); prop- erty of educational institutions, 434 (43); public-school teachers, 434 (44); State high school (Gymnasium), 443 (4); taxation of school property, 438 (83). Elections, 435 (52); electoral law, 429 (7), 435 (49); electoral precincts, 435 (49). Emergency expenditures, 439 (89). Emigration, 433 (32). Estates, 436 (66); in case of war or in- surrection exceptional condition may be introduced, 440 (96); in treaties with foreign Governments, 430 (11); joint, their consent necessary to alienation of territory, 429 (2); rep- resentatives of the country, 430 (12), 432 (26, 27), 434 (43), 435 (52, 54, 60), 436 (65), 440 (94) ; resolution in regard to amendment, elucidation, or ampli- fication of the Constitution, 440 (95); when their sanction is required in boundary adjustments. 429 (2); see also Diet. Evangelical Church, 434 (42). Executive power, see Prince. Fees. 430 (12). Feudal bonds, redeemable, 433 (38). Financial administration: Emergency expenditures, 439 (89); moratoriums, 438 (82); taxation by, 438 (83-85); union of the administrations of the two Principalities, 438 (84). Foreign affairs. 430 (11). German Confederation, coordination of the military affairs of the Principality with, 439 (92); effect of Federal laws and resolutions on the Constitution, 440 (97). Glebe lands, taxation of, 438 (83). Government: Employees to observe Constitution, 431 (17, 18, 19, 20, 23), 435 (56, 60); 437 (73); form of, 429 (1); Government, impeachment of Waldeck — Continued . responsible members for violation of the Constitution, 436 (66); officials, loyalty and responsibility to Prince, 437 (71); regency during minority of Prince, 431 (19-25); relations with Diet, 436 (63-64); service (see also Public service, Civil service), 435 (51); supreme power of hereditary in Princely House, 430 (15); execu- tive branch, see Prince; legislative branch, see Diet; internal adminis- tration vested in Prussia, 442 (1); authority in King of Prussia, 434 (4); see also State Government. Government officials: Transfer to Prus- sian Government. 443 (7); to be ap- pointed by Prussia^ 443 (7). Governmental Director, 443 (5). Hunting, as a fundamental right, re- deemable, 433 (37). Insurrection, introduces an excep- tional condition into the Constitu- tion, 440 (96). Judicial system: Criminal actions and proceedings, 437 (79) ; judges removed from office, 437 (77); judicial func- tions not permissible by administra- tive authorities. 438 (81); judicial power exercised in name of Prince by independent courts, 437 (74); judicial proceedings public, 437 (78); lawful judge guaranteed every one, 437 (75); military jurisdiction of courts, 437 (76); police authorities have no criminal jurisdiction, 438 (81); Prus- sian reorganization of, 443 (6); revi- sion of penal code, 439 (99); see also Courts. Juries: Competency of, 429 (7); grave criminal cases tried by, 437 (79). Legislation, 433 (32), 434 (46), 437 (76); cooperation of Prince and Diet in, 429 (6-7). Marriage, civil, of persons professing different religions, 433 (40). Military affairs: Armed forces estab- lished in accordance with laws of German Confederation, 439 (92); jurisdiction of courts of law reserved for special legislation with respect to privileged status before the courts, 437 (76); service, 430 (9), 432 (31), 433 (32); use of armed forces in inter- nal affairs, 439 (93). INDEX. 537 Waldeck — Continued. ' Military Convention between Prussia and Waldeck on 24 Nov. 1877, 439n. Ministry of State, 435 (59); see also State Government. Moratoriums, granted only with con- sent of Diet in certain cases, 438 (82). Natives, 430 (10); see also Citizens. Pardon, right of, 430 (12). Patent of Prince or the regent, 131 (17, 21, 23). Personal liberty, 432 (29). Petition, right of, 433 (33). Police authorities have no criminal jurisdiction, 438 (81). Press, freedom and censorship of, 432 (30). Prince : Appointive and dismissal power of, 430 (8, 10); edicts of, to be counter- signed by at least one member of the State government, 429 (5); entire governmental power united in, 429 (3); executive functions, 429 (8); has supreme command over the military establishment, 430 (9); his chief abode and seat of government, 430 (13); his governmental preroga- tives in the opening, closing, dissolu- tion, and adjustment of Diet, 435 (52-54), (56); his right of pardon and amnesty, 430 (12); in governmental functions to act in cooperation with the representatives of the country, 429 (3); inviolability of person, 429 (4); irresponsibility for his acts, 429 (4); judiciary powers exercised by independent courts in name of, 437 (75); legislative cooperation of Diet with, 435 (53); legislative preroga- tives and restrictions of, 429 (6-7); loyalty and responsibility of Govern- ment officials to, 437 (71); majority, 431 (16); minority, 431 (19-25); oath of loyalty and obedience to, 431 (18), 435 (59), 437 (73); patent and oath of supreme power, 431 (17); represents the State in foreign relations, 430 (11); substitute for, in governmental func- tions, 430 (14), 435 (56), 437 (72); to remit taxes, fees, and other dues, 430 (12). Princely House, 432 (27, 31), 437 (76); domanial property of, 432 (26), Waldeck — Continued . 438 (83); heredity of supreme power, 430 (15)-; its family laws, 431 (20); taxation of property and members of, 438 (83). Private individuals, defamatory utter- ances of deputies against, 436 (68). Property: Domanial, private, public, religious, charitable, educational, State, see individual entries; inviola- bility of, 433 (34). Protectorial bonds, with personal con- tributions and burdens attached thereto, abolished, 433 (35). Prussia: Military Convention of 24 November 1877, with, 439n: Treaty and Final Protocol of 2 March 1887, with, 429n, 442-446. Public officers, 435 (50) ; see also Govern- ment service and Civil service. Pyrmont: Number of deputies in the Joint Diet, 435 (49); Principality of, 430 (15), 434 (46). Regency, see Government, regency during minority of Prince. Religion: Christian, the basis of govern mental institutions connected with the exercise of religious worship, 433 (39); freedom of, and its relation to State and civic matters, 433 (40), 434 (41); position of the Church toward the school, 434 (44); property of religious denominations and organi- zations, 434 (42-43); taxation of Church property, 438 (83). Representatives of the country: Prince must" act in cooperation with, 429 (3); to receive written petitions and com- plaints of citizens, 433 (33); see also Estates, and Diet. Roman Catholic Church, 434 (42). Salaries, 435 (60). Search and seizure of private and per- sonal effects, 432 (29). Seigniorial bonds, with personal con- tributions and burdens attached thereto, abolished, 433 (35). Soil, taxes and duties of performance resting as a lien upon, redeemable, 433 (36). State (see also State Government), 432 (31), 433 (40), 434 (45); supervision of all matters relating to education, 434 (44). 538 I2»ri>£X. Waldeck — Continued. State Government: Appointment and dismissal of its members, 430 (8); at least one member of, to countersign governmental edicts of the Prince, 429 (5); constitutional responsibility of members of, 429 (5); seat of, 430 ,(13); State Government, 429 (7); substitute of the Prince in his govern- mental functions, 430 (14); see also Treaty with Prussia anent the admin- istration of Waldeck and Pyrmont, 429n, 442-446. Taxes: General provisions as to tax legislation, 429 (7), 434 (46) ; lien upon the soil, 433 (36); new taxes, 438 (85); no preference to any particular class of property, 438 (83); on special kinds , of property reserved for legislation, 438 (83); personal members of Prince- ly House and the comital line free from, 438 (83); remission of, 430 (12). Teachers, public-school, 434 (44). Territory, 429 (1-2); alienation of, 429 (2); boundary adjustment of, 429 (2). Treaty and Final Protocol of 2 March 1887, with Prussia, for the continued administration of the Principalities of Waldeck and Pyrmont by Prussia, 429n, 442-446. Treaties, 430 (11). Waldeck and Pyrmont, Princelv House of, 91. Waldeck and Pyrmont, Principalities of, see Waldeck and Pyrmont. Waldeck, Principality of, 434 (46, 47); number of deputies in the Joint Diet, 435, (49). War, 45 (63), 77 (20), 229 (48), 236 (111), 359 (131). War, introduces an exceptional condition into the Constitution, 440 (96). Wards, 345 (27), 346 (39). Wechselverfahren, 249 (65). Wenger, Aloysius, 411n. Widows' pensions, 150 (49). Wismar, 187, 188. Wolfenbuttel, Library at, 122 (222). Wttrttemberg, 5, 6, 8 (1), 11 (8), 15(35), 16 (38), 20 (52). Administrator of the Realm, 449 (14, 15). Agriculture: Representation in First Branch of Provincial Diet, 460 (129); representatives in Provincial Diet, 462 (1326), 464 (144a), 464 (151). W'iirttemberg — Continued . Arms, right to carry, (450 (23). Budget, see Finance, Catholic Church, 454 (70), 455 (78-82), 460 (129), 461 (132a). Chamber of Deputies: Composition of, 462 (133); election of deputies, 462 (133-133a),,463 (142a, 144), 464 (146), 465 (155), 465 (157); eligibility of deputies, 462 (134), 463 (135), 464 (146-147, 151); officers, 467 (164); quorum, 466 (160-161). Chancery, 472 (193). Christian denominations, nee Religion. Churches and Schools, Ministry of, 453 (56). Citizens: Civic obligations, 450 (21); civic rights, 450 (21), 451 (27); con- sideration for citizens in territory to be alienated, 447 (2); deprivation of civic rights, 463 (142); election privi- lege, 463 (135); equality before the law, 450 (22, 24), 451 (26, 27); exclu- sive rights, patents, and privileges. 451 (31); freedom of personal action within the law, 450 (24-25), 451 (27, 28, 29, 30, 32); legal obligations, 450 (20); military obligations, 450 (23); obligation of belonging to a city or commune, 454 (62); property rights, 447 (2), 451 (30, 32); right "^ of com- plaint, 452 (36-38); of emigration, 450 (24), 451 (32); of suffrage, 462 . (133a), 463 (135, 142, 143). Citizenship: Acquisition, retention and loss, 450 (19), 451 (33), 452 (34-35). Commerce: Exclusive privilege for, 451 (31); representation in First Branch of Provincial Diet, 460 (129); repre- sentatives of in Provincial Diet, 462 (132), 464 (144a), (151). Commutation of sentence, 457 (97). Condemnation of property, 451 (30). Conscience, freedom of, 450 (24). Constitution: Amendments and annul- ments, 449 (15); applicable to whole Kingdom, 447 (1-2); complaints as to unconstitutional acts may be pre- sented by Provincial Diet, 460 (124); guarantees equal rights and imposes equal obligations on all, 450 (21); pledges and oaths of observance, 448 (10), 449 (14); Provincial Diet to ad- here to principles of the Constitution, 460 (124); provisions regarding or- INDEX, 539 Wiirttember^ — Continued . ganic resolutions of the Federal As- sembly of the German Confederation, 448 (3); special State Court to try all endeavors against and all violations of the Constitution, 473-474. Corporation: Civic and property rights, 451 (30). Counts, seats of heads of families of in First Chamber of Provincial Diet, 460 (129). Courts of law procedure, suspension of, 457 (97). Diet Committee: Composition and elec- tion of members, 471 (190); duration of, 472 (192); functions of, 466 (160), 471 (187-189), 472 (191). Education, 456 (84), freedom of citizens to choice of education at home or abroad, 451 (29); Ministry of Churches and Schools, 453 (56). Elections: By secret ballot, 463 (142a); circuits, cities, and districts, 462(133, 133a); circuits, etc., 463 (144), 464 (144a); of deputies to the Chamber of Deputies, 462 (133-133a); of members of the First Chamber of the Provincial Diet, 461 (132), 462 (1326); Provincial Diet elections, qualifications and eligibility of candidates, 461 (132), 462 (1326-133a), 463 (135, 144), 464 (151). Ellwangen, 462 (133). Emigration: Freedom of, 450 (24), 451 (32); legal requirements ^,nd effects, 451 (32-33). Evangelical Lutheran Church, 454 (70), 455 (75-77), 460 (129), 461 (132a). Executive Committee (of the Provin- cial Diet), 466 (159), 467 (164). Fatherland : Emigrant not to bear arms against for one year, 451 (33); obliga- tions in regard to defense of, 450 (23); see also Kingdom. Federal acts of the German Confedera- tion, 450 (23), 452 (42). Federal Assembly of German Confeder- ation : Organic resolutions binding on Kingdom, 448 (3). Feudal tenures, 449 (15). Finance: Budget, 458 (109)--45,9 (118), 471 (188), 472 (193); Debt Redemp- tion Bureau, 472 (193), 477 (188); expenses of the Provincial Diet, 472 Wiirttemberg — Continued. (194); functions of the Provincial Assembly in regard to, 448 (3); Ministry of Finance, 453 (56), 459 (117, 118, 121); monthly and annual audits, 459 (121-123); State debts and the sinking fund, 459 (119-120); property; income, and expenditures of the. Royal House , 457 (102)-458 (109). First Chamber: Admission of members entitled to hereditary seats, 462 (134); composition of, 460 (129), 461 (130); elected representatives of, 464 (144a, 151); eligibility of members, 462 (134), 463 (135); election of repre- sentative members, 461 (132), 462 (1326), 463 (142a, 144), 464 (144a), 465 (155); officers, 467 (164); quorum, 466 (160-161). Foreign affairs. Ministry of, 453 (56). Freedom of citizens, 450 (24). German citizenship: Organic resolu- tions of the Federal Assembly of the German Confederation binding on Kingdom, 448 (3). German Confederation: The Kingdom a part of, 447, 448 (3); Federal acts of, 450 (23), 452 (42). Government: Administrative func- tions, see State administration; execu- tive and supreme power of, 448 (4), see also King; grant of patent rights, 451 (31); heads of administrative departments, 452 (43), 453 (51, 52, 53), see also Ministry; relations with the Provincial Diet, 460 (125); seat, 448 (6); see also State officials, and Provincial Diet. Heilbronn, 462 (133). Interior, Ministry of, 453 (56). Judicial system: Administration of jus- tice carried out in behalf of and under the supervision of the King, 456 (92); arrest, conviction, and legal penal- ties, 451 (26); complaint of citizens against a State official, 452 (36-38); independence of the courts of law, 456 (93)-457 (96); judges, 453 (46); King's power of pardon, commuta- tion, and suspension of court pro- ceedings, 457 (97) ; Ministry of Justice, 453 (56); no confiscation of estates, 457 (98); representatives of the 540 INDEX. Wiirttemberg — Continued . judiciary in the Provincial Diet, 460 (129). 462 (1326), 464 (144a, 151); special State Court to try all acts against and violations of the Consti- tution, 473-474. King: Appointees of; in First Chamber • of Provincial Diet, 460 (129); ap- pointive powers, 452 (43); convening of the Provincial Diet, 460 (127); delegates commissioners to pass upon credentials of members of the Pro- vincial Diet, 466 (159); functions in religious matters, 454 (72), 455 (79); his announcement necessary to make the organic resolutions of the Federal Assembly of the German Confedera- tion binding on Kingdom, 448 (3); majority, 448 (9), 450 (17); minority or incapacity to reign, and the resultant administration of the Gov- ernment, 449 (11), 450 (17); new territory acquired solely in the person of the King not an addition to the realm, 447 (2); oath of allegi- ance to, 448 (10), 450 (20); relations with the Provincial Diet, 460 (125, 126, 127); Provincial Diet may present complaints to him as to unconstitutional acts, 460 (124); in regard to abuses and deficiencies in the State administration, 460 (124); religion, 448 (5); 455 (76); sacredness and inviolability of person, 448 (4); selection and appointment to the First Chamber of representatives elected from the fields of commerce, industry, agriculture, and trades, 462 (1326); succession to the throne, 448 (7, 8); supreme executive power, 448 (4); see also Royal House, and Provincial Diet. Kingdom: Alienation of territory, 447 (2); inseparable entity under one Constitution, 447 (1-2); relations to German Confederation, 448 (3); new territory to be integral part, 447 (2); see also Fatherland. Knights: Eligibility to membership in First Chamber, 464 (151); representa- tion in First Chamber of Provincial Die.t, 460 (129); rights and obligations of, *452 (39-42). Wiirttemberg — Continued . Ludwigsburg, 462 (133). Military affairs: Exercise of the State authority in, 457 (99-101); Ministry of War, 453 (56); right to carry arms, 450 (23); service, 450 (23). Military Agreement of 21/25 Nov. 1870, 450n. Military Law, Imperial, of 2 May 1874, 450n. Ministry : Administrative departments, 453 (56); articulation with Provincial Assembly, 452 (38), 460 (126); elec- tion of representatives to the Pro- vincial Diet, 461 (132a); functions in temporary administration during mi- nority or governmental incapacity of King, 449 (13, 15, 16); religious affairs ' 461 (132a); see also Government. Ministry of State, see Ministry. Oath, documentary, of King, regent, or administrator, of adherence to the Constitution, 448 (10). Oath of citizens, 450 (20); oath of alle- giance to the King, 448 (10) ; pledges to observe Constitution, 448 (10), 449 (14). Paupers, 453 (142). Person, freedom of, 450 (24). Petition and complaint: Procedure in, 452 (37-38); right of, 452 (36). Pledge to Constitution, 448 (10), 449 (14), 453 (45), 466 (163). Poly technical High School (Stuttgart)^ 460 (129). Press, freedom of, 451 (28). Princely families: Seats of heads of in First Chamber of Provincial Diet, 460 (129). Property: Condemnation rights, 451 (30); confiscation of estates annulled, 457 (98); of citizens, 450 (24); corpora- tions, 451 (30); the Church, 451 (30). Provincial Assembly: Activities in complaints brought against State officials, 452 (38); articulation with Ministry, 452 (38), 460 (126); docu- mentary pledge of King, regent, oi administrator of adherence to the Constitution, 448 (10); election and tenure of office of deputies, 452 (39); must consent to the grant of exclusive privileges for commerce and trade, INDEX. 541 Wiirttemberg — Continued . 451 (31); obligations to pass upon organic resolutions of the Federal Assembly of the German Confeder- ation in view of the financial obli- gations these entail, 448 (3). Provincial Diet: Composition, 460 (328); expenses and salaries, 472 (194); functions, general, 460 (124); in regard to taxation and the budget, 458 (109)-459 (123); procedure and order of business, 460 (125-126), 465 (156), 466 (162-163), 467 (164a)-470 (183) ; relation with the King and the Government administration, 460 (124-127, 129), 461 (130, 132, 1326, 134), 466 (159, 160, 163), 467 (164), 468 (168, 169, 170, 172-173), 469 (178), 470 (182-183, 186), 472 (193, 194); sessions, 460 (127), 466 (159), 467 (167), 470 (186); strict adherence to the principles of the Constitution, 460 (124); Members: Credentials, 465 (154), 466 (159); elections and qualifica- tions, 461 (132), 462 (1326-134), 463 (135, 142a, 144), 464 (151), 465 (155, 157); immunity from arrest and prose- cution, 470 (184-185); oath to uphold and observe the Constitution, 466 (163); salaries and allowances, 472 (194); tenure of office, 465 (158); Committees: Assembly Committee, 466 (159); Debt Redemption Bureau, 477 (188), 472 (193); Executive Com- mittee, 467 (164); See also First Chamber, and Cham- ber of Deputies (Second Chamber). Reformed congregations, 454 (70), 456 (83). Religion: Articulation of Church and State in State or civic affairs, 454 (72, 73); Catholic Church, 454 (70), 455 (78-82), 460 (129), 461 (132a); Church employees, 464 ; Church prop- erty, 451 (30); Evangelical Lutheran Church, 454 (70), 455 (75-77), 460 (129), 461 (132a); freedom of con- science, 450 (24), 451 (27); Ministry and election of ecclesiastical repre- sentatives to Provincial Diet, 461 (132a); Ministry of Churches and Schools, 453 (56); of the King, 448 Wiirttemberg — Continued. (5); Reformed congregations, 454 (70), 456 (83); rights and privileges of the existing Christian denominations, 454 (70). Residence in Kingdom, a requirement for candidate to election as a deputy, 463 (135). Reutlingen, 462 (133). Roman Catholic Church, see Catholic Church. Royal House: House laws, 462 (134); relations of members to King gov- erned by House Law, 450 (18); seats of princes of, in First Chamber of Provincial Diet, 460 (129); property, income, and expenditures, 457 (102)- 458 (109). Second Chamber of Provincial Diet, see Chamber of Deputies. Serfdom, abolished, 450 (25). State administration, 453 (51); abuses and deficiencies in, 460 (124); artic- ulation with Provincial Diet, 460 (124); responsibilities of officials, 453 (51, 53). State employees: Their eligibility as deputies, 464 (146) ; pledge to observe Constitution, 453 (45); responsibility for their official acts, 453 (51, 53); support of those incapacitated by sickness or age, 453 (50). State Ministry, see Ministry. State officials: Appointment, 452 (43); special prerogatives of judges, 453 (46); responsibility for their official acts, 453 (51, 53). State positions: Examinations for, 453 (44). Stuttgart, 460 (129), 461 (132), 462 (133), 463 (144), 471 (190). Succession to the throne, see King. Suffrage, exercise of, 463 (143); right to exercise, 462 (133a), 463 (135, 142). Tax: Legislaticn, 458 (109)-459 (188), 460 (124); on property, 447 (2). Territory: Alienation of, 447 (2); new acquisitions, 447 (2). Thought, freedom of, 450 (24). Trade: Exclusive privilege for, 451 (31) ; freedom of, 451 (29); representatives in Provincial Diet, 462 (1326). 542 INDEX. Wiirttemberg — Continued. Trades : Representation in First Branch of Provincial Diet, 460 (129); repre- sentatives in Provincial Diet, 464 (144a, 151). Tubingen, 460 (129), 462 (133). Ulm, 462 (133). Union with Empire, 476 (1), Unity of Kingdom under one Constitu- tion, 447 (1-2). Wiirttemberg — Continued . University, State (at Tubingen), 456 (84), 460 (129), 461 (132a). Zachariae (cited), 209n. Zentral-Armendeputation, 178 (51). Zeulenroda, city of, 246 (53). Zeydel, E. H. (editor and translator), 158n. Zeydel, G. C. (translator), 302n, 447n. 3-i.: |2^ 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. fftl. No. 64?-3405 ^AY24igr4 QRC DEPT JU*y J ufM Q ^^1992 'v O 1392 ^- C 3 1992 NOV 4 1992 'Oh! RECCIRC DEC 2 1 mt LD 2lA-45m-9,'67 (H5067sl0)476B General Library University of California Berkeley 7T \^ Lp21A-50m-4,'60 ,*.h- , r .. (.A9562sl0)476R Vai^^U-fiW . yjtuTmuy of California Berkeley U.C. BERKELEY LIBRARIES C007DlS5£t,