Fritz-Konrad Kriiger GOVERNMENTS POLITICS-OFTHE GERMANrEMPIRE a LIBRARY s# SAN 6/EGO Government and Politics of the German Empire GOVERNMENT HANDBOOKS is a new series of college text- books in government prepared under the joint editorship of David Prescott Barrows, Ph.D., Professor of Political Science and Dean of the Faculties in the University of California, and Thomas Harrison Reed, A.B., LL.B., Assistant Professor of Government in the University of California. The Series will provide a handbook for each of the European countries, and one on the Government of American De- pendencies, treating of the political and administrative organization. Each volume will have such maps and illustrations as are needed, and will contain an annotated bibliography. The authors of the different volumes are men who com- bine a thorough knowledge of the subject and a personal acquaintance with the country and system described. One volume is now published, GOVERNMENT AND POLITICS OF THE GERMAN EMPIRE, by Fritz-Konrad Kriiger, Ph.D., of the Department of Political Science, University of Cali- fornia. Others are in preparation, to be issued during 1916. Some of the volumes already planned are: GOVERNMENT OF AMERICAN DEPENDENCIES, by Dr. David Prescott Bar- rows; GOVERNMENT AND POLITICS OF GREAT BRITAIN, by Thomas Harrison Reed; THE GOVERNMENT OF THE Swiss CONFEDERATION, by Bernard D. Moses, Ph.D., LL.D., Professor of History and Political Science, Uni- versity of California; GOVERNMENT AND ADMINISTRATION OF PRUSSIA AND THE FEDERAL STATES OF THE GERMAN EMPIRE, by Herman G. James, Ph.D., J.D., Adjunct Pro- fessor of Government, University of Texas. The publishers cordially invite correspondence with regard to the Series. PRINCE BISMARCK First Chancellor of the German Empire Edited by DAVID P. BARROWS and THOMAS H. REED CSobernnunt Government and Politics of the German Empire BY FRITZ-KONRAD KRtJGER DOKTOR DER STAATSWISSENSCHAFTEN (Tubingen), M.A. (Nebraska) YONKERS-ON-HUDSON : : I NEW YORK WORLD BOOK COMPANY 1915 COPYRIGHT, IQI5 BY WORLD BOOK COMPANY COPYRIGHT IN ENGLAND ALL RIGHTS RESERVED INTRODUCTION TO THE SERIES THE Handbooks of Modern Government, of which Dr. Kriigers Government and Politics of the German Empire is the first, are planned for the double purpose of supply- ing college classes in government with handy, authoritative texts and of furnishing the public with convenient volumes for reading and refer- ence. The plan is to cover the important gov- ernments not only of Europe but of other parts of the world and certain colonial dependencies. Each volume will be written by a specialist in the history and institutions of the country concerned, and from first hand knowledge of actual conditions. The announcement of cer- tain volumes already in preparation is made on another page. The attention of the American people has been too exclusively fixed upon their own government and its problems. Guidance is assuredly to be found in the political efforts of other en- lightened peoples, and past ignorance of the national aspirations of the rest of the world is no longer tolerable. These books are written especially for the service they may ren- der to the American student and public, and in the absence of comparable works in the [v] INTRODUCTION English language it is hoped they may be found welcome. It is not the intention of the editors to limit authors in their expression of opinion, providing views are expressed with courtesy and moderation. Necessarily, and we believe preferably, the fixed conviction of the authors as regards the practice of government and political policies will be reflected in their pages. The present volume is a good example of what the editors hope for in the way of judicious and patriotic expression. The author is in general in sympathy with the principles of the National Liberal party of Germany, and it is believed his views reflect the common opinion of the great body of the German nation at the present time. Without attempting in any sense to be a defense of either German government or politics it is a conservative and restrained judg- ment of German achievement and expecta- tions. There are special reasons at the present time why a book conceived in this spirit should have a place in the formation of American public opinion. THE EDITOR UNIVERSITY OF CALIFORNIA [vi] PREFACE THE author wishes to emphasize that his book has purely an educational purpose. It is the result of several years of study and teach- ing. The outbreak of the European war has in no way affected the contents of the book or the opinions expressed therein. Neither has the so-called war literature found a place in the bibliography, since most of it has been written with a certain bias and often with the most malicious misinterpretation of facts. It is sen- sational and will disappear after the war. The author hopes that this book, besides serving as a textbook for college students, will help serious and fair minded people in forming their opinion of German government and politics. The writer wishes to express his gratitude to the editors of this series of government handbooks, Professor D. P. Barrows and Professor T. H. Reed, of the University of California, for constant assist- ance and encouragement throughout the prepa- ration of this volume, including the reading of the proofs. The author is also highly indebted to Professor M. Bonn of the University of Mun- ich for many valuable suggestions. His thanks furthermore are due to Komerzienrat J. H. Zim- mermann, member of the Reichstag, for some [vii] PREFACE information in regard to that body. Finally the author desires to acknowledge the assistance he has received from the following students of his seminar in the University of California: Mr. W. Aschenbrenner, J. D.; Mr. A. Lagerstedt, M. A.; Mr. C. E. Martin; and Mr. H. Stern. FRITZ-KONRAD KRUGER BERKELEY, CALIFORNIA [ viii ] CONTENTS CHAPTER PAGE I. THE PHYSICAL BASIS OF THE GERMAN EMPIRE i II. THE FOUNDATION OF THE GERMAN EMPIRE. 13 III. THE DEVELOPMENT OF THE CONSTITUTION . 24 IV. THE NATURE OF THE GERMAN EMPIRE. . . 33 V. THE REICHSTAG 45 VI. THE BUNDESRAT 64 VII. THE KAISER 74 VIII. THE CHANCELLOR AND His SUBSTITUTES . . 97 IX. THE LAW-MAKING PROCESS no X. THE ADMINISTRATION OF THE INTERIOR . . 117 XI. THE FINANCES OF THE GERMAN EMPIRE . . 134 XII. THE ARMY 149 XIII. THE NAVY OF THE EMPIRE 160 XIV. RAILROADS, CANALS, POSTS AND TELEGRAPHS 167 XV. THE GOVERNMENT OF ALSACE-LORRAINE . . 176 XVI. THE JUDICIAL SYSTEM OF THE GERMAN EMPIRE 183 XVII. THE PARLIAMENTARY HISTORY OF GERMANY 205 XVIII. GERMANY'S FOREIGN POLICY SINCE 1871 . . 235 XIX. THE COLONIAL DEPENDENCIES 260 APPENDIX 275 CRITICAL BIBLIOGRAPHY 277 OUTLINE OF THE GOVERNMENT OF THE STATES OF THE GERMAN EMPIRE 311 INDEX 317 ix] LIST OF ILLUSTRATIONS Prince Bismarck Frontispiece The Composition of the German Reichstag . Facing page 48 Seating Plan of the Reichstag 52 William I 80 Frederick III 86 William II 94 Count Capnvi IO2 Prince Hohenlohe-Schillingsfiirst 104 Prince Billow 106 D. von Bethmann-Hollweg 108 [xi] Government and Politics of the German Empire CHAPTER I THE PHYSICAL BASIS OF THE GERMAN EMPIRE THE German Empire lies between the Territory 55th and the 48th degrees of north lati- cl ^ te tude. It therefore is a country of me- dium temperature. It is somewhat colder than its latitude would indicate, since it is closed by the Alps against the mild winds of the South and open to the cold northern and eastern regions of Europe. The Atlantic Ocean makes the weather of the Northwest milder, while the general altitude and the Alp wall make the South colder, with the result that the average yearly temperature as a whole is higher in northern Germany. The four seasons are distinctly different from each other, thus giving the people a refreshing and very desirable change. Germany as a whole is a damp country. All seasons bring humidity, especially the spring and the late summer, the southern mountainous territory receiving a heavier precipitation than the northern plain. GERMAN GOVERNMENT AND POLITICS On the other hand the North has steadier winds than the South, which come from the southwest and west. As a whole, it may be said that the climate of Germany is refreshing rather than mild. It does not enervate the in- habitants as the climate of southern Europe ; it sets them to work. At the same time, Germany is protected from that grave cold of more northern countries which kills the joy of life. The German Empire has more and stronger neighbors than any other state. Russia, Austria- Hungary and France are the most important, but in addition to these it has on its borders the territories of Holland, Belgium, Denmark, Swit- zerland and Luxemburg. Naturally, Germany has often been influenced by foreign elements, and she has often in the past been the chosen ground for European wars. fen^' 8 The central location of Germany in Europe European has made her people more cosmopolitan than location ot h ers J t h as made Germany the classical coun- try of translation and the birthplace of the idea of a world-literature. It has also caused her peo- ple often to overestimate the value of foreign products. Her position makes absolutely nec- essary the maintenance of a strong army and alliances with other states. Ratzel, in his excel- lent study on the political geography of Ger- many, says of her situation in Europe: "The central location of Germany and her mass of neighbors may be her weakness as well as her [2] PHYSICAL BASIS OF THE EMPIRE strength. Germany exists only if she is strong; a weak state would succumb to the concentric pressure. And Germany can profit by her central location only if she is strong. For a state in Ger- many's position there exist only the possibilities of combining all her strength and maintaining her place in the world by incessant labor, of being pressed to pieces like Poland, or of placing her- self under the protection of neutrality like Swit- zerland." The area of the German Empire 1 is very small Area compared with that of other leading countries. It is not more than 208,780 square miles, while Texas alone has 265,896 square miles. The United States, as a whole, is seventeen times larger, the British Empire about forty-seven, Russia forty- one times. As a European power, Germany takes the third place as to size. As a colonial power, also Germany now has the third place as to terri- tory. Her colonial territory is about five times as large as that of the mother country. Of the Ger- man territory in Europe, Prussia has 65 per cent, Bavaria 14 per cent, Saxony 2.8 per cent, the other four states of South Germany, Wurtemberg, Baden, Hesse, Alsace-Lorraine, 10 per cent. Politically, the territory is divided naturally ^j") into three parts: the northern part, in which Prussia dominates and which is the most conser- vative and aristocratic; the southern part, in which Bavaria is the strongest state and where 1 Compare p. 275. [3] GERMAN GOVERNMENT AND POLITICS the general spirit is much more democratic; and Central Germany with its mass of small duchies and principalities, which form a bridge from the North to the South. Popuia- The total population of the German Empire was about sixty-seven millions in 1913. Of the 63,666,120 German citizens living in Germany in the year 1910, about 3,087,000 were Poles, 212,000 French, 93,000 Wends, 141,000 Danes. Nineteen thousand and fifty German citizens live in the " protectorates." Out of the 64,925,993 people living in Germany, in 1910 there were 1,259,873 foreign subjects. The western part of Germany is more densely populated than the eastern part, the greatest den- sity being in Saxony and the Rhine Province. Of the whole German population Prussia has about eight thirteenths. More and more the farming population migrates to the cities, which have grown rapidly within the last twenty years. In 1895 there were only twenty-eight cities with more than 100,000 inhabitants, now there are forty-eight. 1 The percentage of the urban popu- lation in 1822 was 27 per cent of the whole popula- tion, in 1905, 54.3 per cent. The largest part of the population, i.e., 62.1 per cent, is Protestant; Catholics are found espe- cially in South Germany, including Alsace-Lor- raine, in the Prussian Rhine-Province and among 1 The United States has 51 cities of more than 100,000 inhabitants, and Great Britain 41. [4] PHYSICAL BASIS OF THE EMPIRE the Poles. In the whole German Empire there are 36.5 per cent Catholics. The question of German citizenship was settled ( by the law of June i, 1879.* According to this law, which is based on the general principles of Arti- cle 3 of the Constitution, every citizen of a Ger- man state is a citizen of the Empire. Citizenship of the German Empire is usually determined by citizenship in one of the individual states. It is possible, however, to be a citizen of the Union alone, i.e., in the protectorates or by accepting a position as an Imperial officer. A citizen of one of the German states may also be a citizen of any other state, a situation which causes no compli- cations. German citizenship may be acquired by: 1. Birth: Germany recognizes the jus san- guin-is, i.e., the citizenship of the parents decides that of the child. In case of illegitimate birth, the child takes the mother's citizenship. 2. Legitimation: An illegitimate child recog- nized by a German father becomes a citizen. The same rule does not apply to adopted children. 3. Marriage: A foreign woman, marrying a citizen, takes the citizenship of her husband. In case the marriage is invalid the woman loses the citizenship, but not in case of divorce. 4. Office holding: Appointment to a civil serv- ice position under the Empire, or in one of the 1 " Gesetz iiber Erwerb und Verlust der Staatsange- horigkeit" ; changed by law of July 22, 1913 under the name " Reichs und Staatsangehorigkeitzgesetz." [5] GERMAN GOVERNMENT AND POLITICS states or cities, or in one of the state churches makes the person a German citizen. These officers are ipso jure citizens if they reside in German territory ; if they reside abroad and receive a salary, they have to be accepted as citizens by the state making the appointment. 1 5. Naturalization: This is not, as in the United States, a judicial act; it is left to the discretion of certain higher administrative officers as, for example, in Prussia to the Regierungsprdsident. Except for a few fundamental principles, the whole matter, in strict contrast to the practice of the United States, is left to the states. The Imperial law prescribes that the applicant must (i) be of legal age according to the law of the country of whose allegiance he seeks to divest himself; (2) have good moral character; (3) have his residence in the place where he desires to be naturalized; (4) be capable of supporting himself and his family. The state may add any other regu- lation not opposed to the general spirit of this law or the Constitution. A person who has ful- filled all the requirements of the law is not by that fact entitled to naturalization, he may still be refused. 2 Naturalization affects all minor children 1 Law of December 20, 1875. 2 A German, however, who has lost his citizenship when he was a minor, has now (since 1913) a legal right to nat- uralization if he asks for it within two years after he attains his majority. Likewise, former German citizens and their children are entitled to naturalization in the state to which they formerly belonged. [6] PHYSICAL BASIS OF THE EMPIRE except married daughters. Minor children may, however, be excluded by a special order of the administrative authorities. Entirely different from naturalization is the so- called " reception," Aufnahme, i.e., the taking over of a citizen by one state from another state within the Empire. This privilege has to be granted to every citizen who asks for it except in the case of criminals and of persons in receipt of poor relief. German citizenship may be lost by: 1. Legitimation of an illegitimate child by a foreign father. 2. Marriage of a German woman to a foreigner. 3. Dismissal: It is always granted with limi- tations in regard to the obligations of military service. Men in active service may not be dis- missed; men between the ages of seventeen and twenty-five years only if they promise to return in order to take up their military service; officers, recruits and volunteers, who have been accepted, can be dismissed only with the consent of the military magistracy. 4. Deprivation: If a citizen does not follow the call of the Kaiser in case of war, or if he ac- cepts an official position in a foreign state without the consent of his home state, and does not give it up, when required to do so, or if he escapes military service, he may be deprived of his citizenship. The Constitution of the German Empire does and duties not contain any "bill of rights," although that ^ er ~ of Prussia does. The rights belonging to citizens citizens [7] GERMAN GOVERNMENT AND POLITICS of the Empire may be found scattered through numerous laws. The fundamental right of every citizen is that of protection by the state. No citizen can be expelled or extradited to a foreign power. 1 Based upon this principle is the right of every German citizen except criminals and those in receipt of poor relief 2 to live and have his residence in any part of the Empire. Further- more every citizen has the privilege of protection in foreign countries. In any case where injustice is done to a German citizen abroad, the German diplomatic and consular officers are obliged to seek satisfaction for the injured party, and finally a citizen has the right to participate in the gov- ernment of Germany in accordance with the terms of the Constitution. Every citizen has two classes of duties, those of obedience and those of fidelity. The citizen owes implicit obedience to the government. This, however, does not exclude the right to protest. A citizen has always through the administrative courts the opportunity of getting satisfaction for a violation of his rights by any organ of the state. Another important duty of a German citizen at the same time a privilege is that of serving in the army. The duty of fidelity means the abstention from any act detrimental to the state. Such acts are, (i) Treason, includ- 1 Criminal Law Code 9 J R. G. of November i, 1867. [R. G. = Reichsgesetz or Imperial Law.] [8] PHYSICAL BASIS OF THE EMPIRE ing crimen laesae majestatis against the Kaiser or the ruler of one's own state; (2) hostile acts against other states of the Union or insults to their princes; (3) hostile acts against allied states or insults to their rulers. In considering those traits of racial character ^fluence of racial which especially have influenced the political character institutions of Germany, we must first mention up ? the strong individualism of the Germans. Caesar insatu- and Tacitus spoke of it as a significant side of 1 the Germanic character. The old Germans were scattered over the country. They hated the con- indfrid- glomeration of people in cities because they were afraid it might diminish their individual liberty. Their political institutions were based upon temporary voluntary agreements. They did not recognize kings. Their dukes were elected only for limited periods. This love of personal free- dom played a great part in the progress of the reorganization of Germany and for centuries prevented a real unification of Germany, and it is still manifest in some parts of the Empire. It explains that great local pride which stimulates city governments to useful competition and that detrimental antagonism which set tribe against tribe and territory against territory up to the foundation of the German Empire. This charac- teristic feature of the German people is funda- mentally the reason why Germany is a federation and not a unitary state. In connection with a love for abstract thinking, this individualistic spirit [9] GERMAN GOVERNMENT AND POLITICS is the cause of the numerous parties which com- plicate German politics. There is a well-known saying that wherever two Germans are together, there are three different opinions. They do not easily compromise, and in foreign countries they do not work together. Therefore they soon lose their national identity and have very little influ- ence upon the politics of their adopted country. National feeling, however, is steadily growing and it is to be expected that soon pride in belong- ing to a strong and powerful nation will overcome this super-individualistic spirit. On the other hand the Germans are remarkable for their ability to cooperate and organize. ^j of Another characteristic feature of the German is his great love for what is in reality the founda- tion of every commonwealth the family. The family is sacred to the German and an insult to any member of it is resented by even its most distant connections. The wife is still regarded as the cornerstone of the family and no woman is more honored in Germany than a good wife and a good mother. Again and again a regenera- tion of the country has originated in the family, the source of Germanic strength. Love t y^e Q erman l oves tne so ji on which he is born and he is therefore the best of farmers. This characteristic is evidenced in the Middle West of the United States, where German-Americans own much of the farm lands and show the least desire to follow the general trend to the cities. [10] PHYSICAL BASIS OF THE EMPIRE Unfortunately, this devotion to the soil is often accompanied by a too pronounced conservatism, which hinders progress. As a whole, it can be said that the German Slowness mind works slowly and is not easily excited, but thorough- once aroused, one has to count with...that furor ness Teutonicus of which the old Romans spoke with great fear. If the German recognizes a cer- tain political course as good he carries it into effect with consistency and thoroughness as, for example, his great social reforms, the building of a navy and the making of the great codes of law. A peculiarly Prussian virtue, which has helped Sense of to make this state the leading one of Germany, is biuty a widespread sense of responsibility. "Duty" Kant's conception of it doing any work to be done without first looking for compensation, without regard to personal well being even against the strongest opposition and until death that is the cold but great Prussian word. And in this respect the rulers of the House of Hohen- zollern, with very few exceptions, have been bril- liant examples for every officer and subject of the state. In no nation perhaps are the military virtues as Valor highly developed as in Germany. The fighting spirit of the old Teutons has been handed down from generation to generation. Unfortunately, it has too often been wasted in civil wars or lent to foreign nations. The situation of Germany in [n] GERMAN GOVERNMENT AND POLITICS Europe has kept the people always under arms and to this day Germany is the last country which can permit herself to play with romantic ideas of universal peace. It is the true German spirit, which the present Crown Prince of Germany, Frederic William, gives us in his book "Deutsch- land in Waffen," where he says: "Joy in bearing arms was ever in the hearts of our people. Even with the old Teutons a youth became a man only after he had his baptism of fire. . . . This warlike, loyal and proud spirit we must cherish and trans- mit as a holy heritage to our children. . . . The German who loves his people, who believes in the greatness and the future of our homeland, dares not let himself be soothed to slumber with the Utopian songs of peace. . . . And therefore every man who loves his country and believes in the great future of his people must joyfully contribute his part to prevent the old soldier spirit of our fathers from being lost." SELECTED BIBLIOGRAPHY HOWARD, B. E. "The German Empire," Chapter VIII (Citizenship under the German Constitution). BURGESS, J. W. " Political Science and Comparative Con- stitutional Law," Vol. I, Book n, Chapter III (Civil Liberty as Provided in the German Imperial Consti- tution). PERRIS, H. "Germany and the German Emperor," Chapter I (The Four Regions). PARTSCH, J. "Central Europe." DAWSON, W. H. "The Evolution of Modern Germany," Chapter II (Tripartite Germany) [12] CHAPTER II THE FOUNDATION OF THE GERMAN EMPIRE UGUST i, 1806, the "Holy Roman Empire Thedls - <* i /~. TVT i 11 solution or the German JNation legally ceased to O fthe exist. In the words of a contemporary, since Holy the peace of Miinster and Osnabriick it had been Empire A nothing but a chimera. It was a rattletrap, a mixture of everything, yet as a whole, nothing, eration It was everything else in practice from what it ofthe wi- i j i j i Rhlne was m theory. Voltaire sagely declared it to be neither Holy nor Roman nor an Empire. And so when Napoleon Bonaparte destroyed the dilapidated structure, he only changed a legal, not an actual situation. Francis II abdicated voluntarily August 6, 1806, having already in 1804 accepted the title "Emperor of Austria." According to its legal structure the Confed- eration of the Rhine (Rheinbund), into which Napoleon united the states of western and southern Germany was a union of sovereign states under the protectorate of France. The source of its existence was international agree- ment; in other words, it was a confederation. Its members were recognized as sovereign by the constitution, the Rheinbundacte (1813-1815). The success of the allied arms of Russia, Austria [13] GERMAN GOVERNMENT AND POLITICS and Prussia in the war of liberation destroyed the Rheinbund before its constitution had actually gone into operation. The At the Congress of Vienna (1815) a new Union Confed- including all the German states (at that time eration, thirty-eight) was organized. It was called the 1866 Deutsche Bund and was again a union of sovereign states, a confederation. The organic laws of this union were a series of treaties. 1 According to these treaties between the differ- ent German states, governmental authority rested in the totality of the members, i.e., the princes and the free cities. The organ of the Confeder- ation was the Bundesversammlung or Bundestag in Frankfort-on-the-Main, under the chairman- ship of Austria. The members of this assembly were diplomatic representatives of their sovereigns, delegates bound by instructions. In acting on ordinary matters each of the eleven larger states had one vote while the smaller ones were gathered into six groups each having one vote. This form of organization of the Bundesversammlung was known as the Engere Rat or smaller council. For constitutional questions and matters of war and peace, the twenty-five smaller states had each one vote while the larger had more, the six largest having four each. Such a session was known as the Plenum. The functions of the Bundestag were: first, legislation, which, how- 1 The Bundesacte of June 8, 1815, and the Wiener Schluss- acte of May 15, 1820. [14] FOUNDATION OF THE EMPIRE ever did not bind the subjects of the several states directly, but only their respective govern- ments; second, certain international relations; third, military affairs, and fourth, finance for the purposes of the Bund. Those members who refused to execute the resolutions of the common body might be coerced by the armed force of the remainder. This process was known as "Con- federate Execution." Bismarck's caustic exclamation: "O Bund, Attempts Du Hund, Du bist nicht gesund!" characterized the the situation which existed from the very begin- Confed - ning. The Confederation was ridiculous in Ger- many and abroad, and its reform or dissolution was inevitable. The principal cause of the inefficiency of the Bund was the rivalry between Austria and Prus- sia, each of which great powers was strong enough to dispute the hegemony of the other. Several efforts were made to create a more national and unitary form of government. In 1848, an official committee of seventeen was appointed by the Bund for the purpose of considering a new con- stitution. On March 3 1 of the same year, a con- ference of prominent Germans inspired by the highest national feeling, was held in Frankfort- on-the-Main, to undertake the preliminary steps for the creation of a new Empire. This was the so called For par lament. It requested the Bundes- tag to call a National Parliament to be elected by universal suffrage which met at Frankfort-on-the- GERMAN GOVERNMENT AND POLITICS st. Paul's Main, May 18, 1848. This assembly which is m ent commonly known as St. Paul's Parliament, be- cause it met in a church of that name, adopted in 1849 a "Constitution of the German Empire" excluding Austria. After a long discussion, the crown was offered to Frederic William IV of Prussia. But Frederic William declined to ac- cept the crown because of the danger of war with Austria and her allies. At the same time, this aristocratic King, "the romanticist on the throne," had a natural horror of accepting the crown from a liberal and democratic parliament, especially since the constitution gave him very little power. 1 With his refusal to accept the Crown from liberalism, the liberal national movement came to an end. A short time later, May 26, 1849, Prussia created the Dreikonigsbund between Hanover, Saxony and herself. This union aimed also at the foundation of a new German Empire under Prus- sian hegemony with the exclusion of Austria. Hanover and Saxony did not stay in the union very long, but most of the smaller German states entered it. A Diet was called at Erfurt and a draft for a new Constitution had been accepted, when Austria summoned a meeting of the Plenum Treaty of o f the Deutsche Bund and forced Prussia in the Treaty of Olmiitz of November 29, 1850, to give 1 See Frederic William IV, "Publicandum to the Prussian People" of May 15, 1849 in "Readings in European History" by J. H. Robinson, New York, 1906, pp. 532 ff. [16] FOUNDATION OF THE EMPIRE up her endeavors to form a new union and to recognize the "reestablished Bundestag." All hope for a political reorganization of Germany was apparently lost, when Bismarck entered the political arena and accomplished his master- work, the founding of the new German Empire. The political union of Germany was preceded by an economic union. In 1818, Prussia aban- doned all customs duties between her several prov- inces. Then in 1833, she asked her neighbors to enter into a customs union with her and gradually, because they recognized the benefits of the union, or were forced by commercial pressure, most of the German states joined the "German Customs Union " (Deutsche Zollverein). By 1854 only the Hanse cities, the Mecklenburgs, Holstein and Austria were not members. Financially, Prussia suffered only disadvantages in the Customs Union, but she sacrificed her financial interests to her national policy and was finally highly com- pensated for it. From that time on there existed, as Treitschke, the Prusso-German historian, says, "two Germanies, a fictitious Germany in Frank- fort-on-the-Main, and a real working Germany in Berlin." Six days after Bismarck became Minister in Bismarck 1862, he said in the budget committee of the^ Ucy ^ p to the 1 Born April I, 1815. Died July 30, 1898. Minister of War with Prussia, Chancellor of the North German Federation, Chan- Austria, cellor of the German Empire, September 24, i862-March 24, 1890. [17] GERMAN GOVERNMENT AND POLITICS Prussian Chamber of Deputies: "Not by ora- tions and majority decisions are the great ques- tions of the age decided this was the great mistake of 1848 and 1849 but by iron and blood." His position as Prussian ambassador at Frankfort-on-the-Main had convinced him that no other way of deciding the German question was possible. He took the "iron and blood" policy as the keynote of his diplomacy, unaffected by the clamor and criticism of his opponents. Knowing that war had to come, he desired to prepare for it. Since the liberal majority in the Prussian Chamber of Deputies, less far sighted than he, refused to give the money for the necessary reorganization of the Prussian army he reorgan- ized it with the consent of his King, but contrary to the will of the majority of the people and in violation of the constitution. Doubtless, if Prussia had not been victorious in the war with Austria, he would have lost his political head. But he was confident of the success of his policy and did not fear anybody or anything. After the triumph of Prussia's army in 1866, public opinion changed entirely and the man, who had been in his own words "better hated than any other man in Europe," became the hero of the German nation. He then easily secured the passage of an act rati- fying everything which he had done. The war was ended by the Treaty of Prague, August 23, 1866. Austria had to give up once and for all any union with the rest of the German [18] FOUNDATION OF THE EMPIRE states. Prussia annexed Hanover, the Electorate of Hesse Nassau and Frankfort-on-the-Main. It also received Holstein in addition to Schleswig. Austria promised to recognize a closer union (Engeres Bundesverhaltniss) between the German states north of the Main. The foundation of this union is the so-called T. h JN or m August Treaty, an international treaty between German sixteen states of Germany on the one hand and * edera - * tlon Prussia on the other. Later on five more states were added. In this treaty, the parties entered into an offensive and defensive alliance and re- solved to form a new union with a constitution, made by the governments of the states, and a parliament called for that purpose. The neces- sary executive measures were left to the King of Prussia. This agreement was to be valid un- til the foundation of the new union, but not longer than a year. In accordance with these stipulations, Prussia offered the draft of a constitution to the twenty- one allied states. It is said that Bismarck dictated this project to Lothar Bucher 1 in one night. The material for it was taken from the Proclamation of Frederic William IV of March 18, 1848, the constitutions of the St. Paul's Parliament and of the Erfurt Parliament and the Memorandum of Prussia presented in 1863 to the Frankfort As- sembly of Princes. The project was discussed in 1 Bucher was Privy Councillor, Bismarck's intimate assistant in the Foreign Office. [19] GERMAN GOVERNMENT AND POLITICS December, 1866, by the delegates of the twenty- two states and accepted. The regulations for the election to the St. Paul's Parliament were adopted as law by the several states. In accord- ance therewith a Parliament was elected Febru- ary 12, 1867, by almost the same electorate as prescribed for the Reichstag to-day. Within six weeks of its assembling, this Reichstag adopted the Constitution with slight changes, April 16, 1867. In order to become law of the several states, the Constitution had to be adopted by the legis- lative department in each. July I, 1867 was taken as the day on which the Constitution was to go into effect. This is the beginning of the North German Federation. Looking back to the sad constitutional past of the German nation and proclaiming the spirit of the new form of the North German state, Bismarck said in the throne speech at the opening of the first Reichs- tag (February 24, 1867): "Once the German Em- pire was mighty, great and respected, because it was united and led by strong hands. But it sank down, dismembered into impotency, not without the fault of its head and parts. Deprived of its authority in the councils of Europe and of the control of its own affairs, Germany became the choice battleground of foreign powers, to whom it gave the blood of its children, battlefields, and war prizes. But never has the longing of the German people for their lost possessions ceased and the history of our times is filled with the [20] FOUNDATION OF THE EMPIRE endeavor to regain for Germany and the German people the greatness of their past. . . . These endeavors have not as yet led to the goal, this dismemberment has been increased rather than cured, because people have deceived themselves, in regard to the value of the present time, through hopes and memories, and because they have de- ceived themselves as to the importance of real facts contrasted with ideals. From this, we recognize the necessity of insuring the union of the German people on the basis of facts and not to sacrifice again the attainable to the desirable. The constitutional project placed before you, re- quires of the independence of the several states, only such sacrifices in favor of the whole, as are absolutely essential in order to protect the peace, to secure the safety of the Federation and the development of the prosperity of its citizens." Article 79 of the Constitution of the North Thefoun- dation of German Confederation, the famous Main-Bridge, the said : "The entrance of the states of southern ^^? Germany or the entrance of one of the same into the Union, takes places upon the motion of the President of the Union, and by legislation of the Federation." At the same time with the Treaty of Prague a secret offensive and defensive treaty was made by Prussia with the southern states. As a result of it, the southern states assisted the Federation in its war against France. This alliance in war brought about the completion of German unity. [21] GERMAN GOVERNMENT AND POLITICS Ferro ignique, the German people were united. Already before the war, Baden had asked the North German Federation to be accepted as a member. After the war she repeated her petition, and Wiirtemberg, Bavaria and Hesse followed. The result of the negotiations were several treaties by which these states joined the Union. 1 These treaties were made laws of Bavaria, Wiirtemberg and Baden, in December, 1870. The Bundesrat of the North German Federation with the consent of the southern states proposed to give the new German Federation the name "Deutsches Reich," and to the Prussian King the title "Deutscher Kaiser," as President of the Federation. Amidst the thunder of the cannons which bombarded Paris, William I was proclaimed Kaiser, January 18, 1871, in Versailles. This event, however, has no meaning so far as the juristic foundation of the Empire is concerned. The foundation of the German Empire dates back to January I, 1871, the time when the constitution of the North German Federation, changed by the November treaties, went into effect in all the states of the union. Sometimes, April 16, 1871, the date of the new redaction of the constitution, 1 The so called "November treaties": The North German Federation and the Grand Duchies of Baden and Hesse, November 15; these states and Wiirtemberg, November 25; the North German Federation and Bavaria, November 23; the last treaty was joined by the other three southern states, December 8, 1870. [22] FOUNDATION OF THE EMPIRE is given as the date of the birth of the new Em- pire. However, this redaction did not create a different situation in any point, and thus, Janu- ary i should be taken as the date of the founding of the Empire. SELECTED BIBLIOGRAPHY SMITH, M. " Bismarck and German Unity." ANDREWS, C. M. "The Historical Development of Modern Europe from the Congress of Vienna to the Present Time." 2 vols. SYBEL, H. VON. "The Founding of the German Empire by William I." 7 vols. JAMES, E. J. "The Federal Constitution of Germany." With an Historical Introduction. [23] CHAPTER III The develop- ment of the German Constitu- tion by amend- ment THE DEVELOPMENT OF THE CONSTITUTION SINCE 1871, the German constitution has been changed a great deal, much more so than the constitution of the United States since 1789. Bismarck confidently expected such a development when he produced the fundamental instrument of the Empire. 1 It was intended to be only the basis upon which a magnifi- cent structure should be erected. Unlike the American constitution, the German constitution is not regarded as a sacred, rigid instrument which can be altered only with the greatest difficulties. Amendments to the constitution are made in the same manner as other laws, the only difference being that fourteen votes in the Bundesrat can defeat any amendment. 2 This gives Prussia 1 "I credit to our constitution the capacity to develop just as the English constitution has developed, not through a theoretical assertion of an ideal toward which one strives without regard to the obstructions that are in the way, but through the organic development of that which exists, always keeping faces toward the front, making every step in that direction which appears at the moment possible, without great danger." Bismarck in the Reichstag, March 15, 1877. 2 Constitution, Article 78, Clause i. Hereafter the official German abbreviation for Constitution e.g., R. V. (Reichsverfassung) will be used. [24] DEVELOPMENT OF THE CONSTITUTION with her seventeen votes, or the three other kingdoms combined, or a group of several of the smaller states the power to defeat any amendment. Another restriction on amendments is that the privileges of certain particular states may be modi- fied only with the consent of the state affected. 1 Except for these privileges there is no longer any doubt that any article of the Constitution, includ- ing Article 4, which vests the " Presidency " in the King of Prussia, may be amended. The question whether a law is an ordinary law or an amendment of the Constitution, or whether it is contrary to the privileges of a particular state, is decided by a simple majority of the Bundesrat. Since amendments of the Constitution are re- garded only as ordinary laws of a special type, the Reichstag has a right to propose them. The following amendments had been made up to 1914: 1. Article 28, Paragraph 2, was abolished by law of February 24, 1873. Before the passage of this amendment, Reichstag members from states which, on account of special or reserved privi- leges of these states, were not directly affected by certain Imperial legislation, were not permitted to vote on such laws. 2. Article 4, No. 9, March 3, 1873. The com- petence of the Empire was by this amendment 1 R. V., Article 78, Clause 2. 2 Compare for a discussion about this question Arndt, A., "Das Staatsrecht des deutschen Reichs," pp. 186 ff. [25] GERMAN GOVERNMENT AND POLITICS extended to legislation in regard to signals for ocean steamers. 3. Article 4, No. 13, changed so as to enlarge the competence of the Empire to give Germany a common civil law, December 20, 1873. 4. Article 59, Clause i, was changed Febru- ary u, 1888, so as to extend the period of compulsory service from the 32nd to the 39th years. 5. Article 24, March 19, 1888. This amend- ment changed the legislative period from three to five years. 6. Article 53, May 26, 1893. Clause 5 of this article concerning the reserve service of sailors was abolished. 7. Article 70, May 14, 1904. The famous "clausula Frankenstein" concerning the exchange of Imperial and state finances was added. 1 8. Article 59, Paragraph i, changed on April 15, 1905, so that the active service of soldiers other than cavalry and field artillery was made two instead of three years. 9. Article 32, May 21, 1906. Through this change the members of the Reichstag were granted a remuneration for their service. 10. Article 38, Clause 2, No. 3, which granted the several states 13 per cent of certain taxes for their collection through state officers, was abolished. 11. Article 6, May 31, 1911. This amendment 1 See p. 139. [26] DEVELOPMENT OF THE CONSTITUTION admits representatives of Alsace-Lorraine to the Bundesrat under certain restrictions. 1 But not all changes of the Constitution have , t of the been made in the form of amendments. Several Consti laws not officially noted as amendments and the operation of custom have also in effect altered laws the Constitution. June 23, 1876, Lauenburg, after September 13, 1865, bound to Prussia by a personal union, was by a Prussian law united to that state so that the words of Article I "with Lauenburg" are now superfluous. By an agree- ment of March 2, 1887, Waldeck ceded its admin- istration to Prussia, although it remains a state and may take back its own administration ac- cording to the terms of the treaty. The island of Heligoland has been, since 1890,' a part of Ger- man territory. Since February 18, 1891, it has been united with Prussia. The Constitution, except section 6, is in force in Heligoland. May 31, 1911, Alsace-Lorraine, after having been a province of the Empire since i87i, 3 became part of the German Empire as a new state in the meaning of Article i. The general provisions of Article 3 have been made more specific. Citizen- ship has been determined by an Imperial law and also the regulations which have reference to the 1 Cf. Chapter XV. 2 Imperial law (abbreviated R. G. = Reichsgesetz) of December 15, 1890. 3 R. G. of June 9, 1871, betreffend die Vereinigung von Elsass-Lothringen mit dem deutschen Reich. [27] GERMAN GOVERNMENT AND POLITICS care of the poor and their reception into the local communal associations. In " The Bundesrat has not been changed very much impor- as far as its constitutional position is concerned. the C Bun- P fuss ' a nas really eighteen votes, since by special desrat treaty, she has the power to instruct also the vote of Waldeck. The connection between Prussia and the Empire has been made closer by the fact that the Secretaries of State of the Empire are usually appointed Prussian delegates to the Bundesrat. The Constitution contemplates only the periodical meeting of the Bundesrat but, on account of the quantity and character of its business, for many years it has been in continuous session. The political importance of the Bundes- rat has been lessened by the method in which its business is practically carried on. All the more important projects are first taken up by the Ministers of the different states, especially the different states to which the matter relates. After a majority consensus is thus reached, the proposition is then introduced into the Bundesrat as a mere formality and for the discussion of details. Reichstag ^he importance of the Reichstag on the other hand, has increased by the increase of the com- petence of the Empire. The growing expenses of the Empire have tended also to give additional power to the Reichstag through its control of the budget. Fifteen deputies from Alsace-Lorraine have been added to the number of its members. [28] DEVELOPMENT OF THE CONSTITUTION The growth of the population without any other increase in the number of members has reduced the proportion of deputies to population. The fact that there has been no reapportionment of seats has led to great inequality in the size of the constituencies. Of all the branches of government, the Kaiser The Kaiser has gained the greatest accretion of power. In reality he is no longer what the Constitution intended to make him, a "primus inter pares," but the head of the German government. Every increase of the competence of the Empire is a strengthening of his position. In the first place, he has direction of the federal administration by his appointment of the Chancellor, the Secretaries of State and almost all federal officers. Further- more, he exercises a great influence upon legisla- tion, not only as King of Prussia, but also as Kaiser. Although the Constitution makes no provision for the initiation of laws by the Kaiser, they frequently emanate from him. Laws with regard to postal, telegraph and marine affairs, etc., must be prepared by Imperial officers, be- cause no state has anything to do with them. These and many other projects are introduced by the Chancellor, the representative of the Kaiser, as Prdsidialantrdge and now constitute the majority of all bills. Formally, they are Prussian, and are therefore treated like Prussian projects. The Prussian ministry first passes upon them, and only if it approves the bill is it intro- [29] GERMAN GOVERNMENT AND POLITICS duced into the Bundesrat. The Chancellor there- fore must be Prussian Prime Minister, a necessity which will be discussed later in more detail. 1 The extension of the Constitution to Alsace-Lor- raine and the acquisition of colonial protectorates has endowed the Kaiser as head of the Empire with territorial governmental authority in these possessions. According to Article 17 of the Constitution, the Chancellor was the only officer of the Empire, but soon one Secretariat after the other was created, the heads of which were made responsible substitutes of the Chancellor by the law of March 17, 1898.* Since this date the heads of these de- partments have been appointed substitutes, and the Chancellor no longer interferes with the rou- tine work of the departments. Centraiiza- Hand in hand with the centralization of leg- tion of ... . adminis- islative power, and even to a greater extent, has trative gone centralization of administrative authority. For example, Article 4 gives the Empire only the right of supervision over the legislation enu- merated therein. Certain laws, however, have created administrative officers to carry out their provisions. Thus the Patent Office, the Imperial Insurance Office, and numerous other offices have been created. Except for a few quasi-administrative functions, given to the Bundesrat, the constitution creates nothing in the way of a court. Laws of later years 1 Cf. p. 108. 2 Cf. p. 107. [30] DEVELOPMENT OF THE CONSTITUTION have created several administrative courts e.g. the Oberseeamt, the Rayonkommission, etc. 1 The most important statutory court is the Reichs- gerichty the supreme court of the Empire. 2 The finances of the Empire have been brought into closer connection with those of the individual states. They are forced to administer more and more Imperial legislation, of which they have to bear the expenses. This duty of administering Imperial legislation goes down to the smallest local government divisions. In military affairs, several extra-constitutional _ central!-* changes have taken place. Military conventions zatum between the three kingdoms and Prussia have changed the provisions of the Constitution, so that now there exist four contingents. 3 The armies of all the states except the three other kingdoms are so closely connected with that of Prussia and so modeled on its example, that in fact these states have no army of their own. Prussia has a military hegemony. Article 60 has been modified by law of May 26, 1893, so that men are recruited from the individual states not by the states themselves, but by the four military contingents. Since 1893 the size of the army and consequently the expense of its maintenance has increased very rapidly. In consequence, Articles 60 and 62 R. V. have been greatly changed. A complete change has taken place in Article 1 Cf. p. 203. 2 Cf. p. 193. 3 I.e. of Prussia, Bavaria, Saxony and Wiirtemberg. [31] GERMAN GOVERNMENT AND POLITICS 61. The antiquated Prussian military law was never introduced except in the Prussian contin- gent. A uniform military criminal law was intro- duced for the whole Empire including Bavaria December i, 1898, and a supreme military court with its seat in Berlin was created above the sys- tem of courts of the four contingents. The military fiskus should theoretically be the individual military fiskus of the four contingents. The law of May 25, 1873, however, transferred the property of all the military administrations to the Empire. Furthermore, the Imperial Civil Service Law (Reichsbeamtengesetz) of May 25, 1873, gave the army officers a right to sue the Empire in its capacity as fiskus. Thus practice has made the military fiskus an Imperial fiskus. Except for Bavaria, the Chancellor was respon- sible for the military budget. Naturally, this change brought the different Ministers of War of the four contingents as far as the financial side of the army was concerned, under the supervision of the Chancellor. The whole relation is very complicated and might easily bead to conflicts. SELECTED BIBLIOGRAPHY BORGEAUD, CHARLES. "Adoption and Amendment of Con- stitutions." BURGESS, J. W. "Political Science and Comparative Con- stitutional Law," Vol. I. pp. 155 ff. [32] CHAPTER IV THE NATURE OF THE GERMAN EMPIRE IF we should compare the structure of the German Empire with a piece of architecture we cannot find a better comparison than with the old Gothic style. It is a building com- posed of several parts, great and small. If we take away one of them, the whole loses its or fed . character. All the parts are in harmony and help to bring out the splendor of the whole. It is purely German in its character, harmonious in style. To make it more venerable, some old statues have been used for ornaments. The parts of the structure are the several states; the great central piece around which the other parts group themselves is Prussia, and the whole is the German Empire. To continue the metaphor, we may say that the foundation of the German Em- pire did not mean the construction of a new build- ing, but the addition of certain parts, which had to be added in order to complete its architectural beauty. This view is generally recognized. 1 It was formulated by the Representative Miquel in the 1 See Arndt, A., "Verfassung des deutschen Reiches," p. 25. [33] GERMAN GOVERNMENT AND POLITICS Reichstag December 7, 1870, in the following words: "I look at it this way, that the legal unit possessing property and debts, i.e., the North German Federation is not destroyed, but remains in existence; that other states join the Union in accordance with the Constitution itself, Article 79, and that therefore, the legal unit remains the same." The German Empire is therefore nothing but the legal successor of the North German Federa- tion. We solve the problem of the nature of the German Empire by solving that of the North German Federation. On the other hand, the question of the nature of the German Confed- eration of 1815 to 1866, offers no problem for the jurist. It is only disputed by a few historians, who deny the existence of non-unitary states. 1 It is almost universally recognized that this old German Bund was a confederation, i.e., a union of sovereign states, bound by treaties of inter- national character. The generally accepted view, however, that the North German Federation, and consequently the German Empire, was a federation was dis- puted by a very able young Bavarian professor, Max Seydel. The arguments against Seydel's standpoint were led by Prof. Albert Hanel. Both received, as they themselves confess, most valu- able suggestions from the two great American 1 E.g., Kloeppel, "Dreissig Jahre deutscher Verfassungs- geschichte." [34] NATURE OF THE GERMAN EMPIRE statesmen, Calhoun and Webster, and it would be interesting for someone familiar with the constitutional law of both countries to show in detail the influence of these Americans on the German theorists. The difference of opinion in the United States became of immense practical importance in con- nection with economic and social questions and led to a bloody decision in the Civil War between the Northern and Southern States, which settled the difference of opinion unquestionably in favor of Webster's point of view. No such terrible danger of civil war ever arose in the German Empire, because of the preponderance of Prussia, but nevertheless it is all important from the point of view of political science to decide this cardinal question. Let us first follow the arguments of Seydel and his followers. In 1872 an essay appeared in the "Tiibinger Staatswissenschaftliche Zeitschrift" (pp. 185 ff.) by Seydel, which immediately made a name for its author. In this article he discussed the conception of a federation, which had been constructed by the well-known historians Waitz and Toqueville, and which was once uni- versally accepted and is still to a great extent in the United States. This conception divided sovereignty and gave part of it to the Union and part of it to the several states. Seydel in his famous, forceful article showed that division of sovereignty is philosophically illogical. Supreme [35] GERMAN GOVERNMENT AND POLITICS power, a superlative he asserted excludes the possibility of any division. So it must belong s ? ve '~ outright to the states or to the Union. This eignty indivisi- reasoning of Seydel's is not entirely new. Before him, Bodin and the great jurist of the Law of Nature, Samuel von Pufendorf, had spoken de- cidedly against the possibility of the division of sovereignty, but their views had been entirely neglected. Since according to this argument there can be only the sovereignty of the Union or of the states, there is no such institution as a federation. The state is either a unitary state or a confederation, and as Germany, of course, is no unitary state, it is a confederation. According to Seydel's opinion, the single states are sovereign and the Union a temporary one based on a con- tract, from which they may retire as soon as they desire. This contract is embodied in the so-called August Treaty. Sover- Against this theory many objections can be noTan raised. In the first place: Is sovereignty an essential essential element for the conception of a state? m the We deny it. There exist sovereign and non-sov- state ereign states only the first, to be sure, being recognized as the legal subjects of international law. We replace sovereignty as the essential ele- ment of statehood by Staatsgewalt, "original governmental authority." Assuming this view, Seydel's theory, which abolishes that union of non-sovereign states which is called a federation, is disproved. The German states are real states [36] NATURE OF THE GERMAN EMPIRE with all the qualities of such, with governmental machinery and laws binding individuals and cor- porate bodies under their government, but they are not sovereign. When Dr. Du Buy x spoke of his surprise on Mon- hearing for the first time that the German Empire " j J e should properly be called the German Republic he archy? expressed the opinion of every student beginning his study of German constitutional law. Those who have only a vague idea about the Constitu- tion of the German Empire get the idea from their newspaper reading that the Kaiser is the monarch of the Empire, the Bundesrat the upper house and the Reichstag the lower house. This idea, held by nearly all foreigners, is absolutely and completely wrong. Section IV, Articles 11-19 f tne Constitution, deals with the position of the Kaiser and bears the headline: " Praesidium of the Federation." The first sentence of Article n reads, "Thepraesidium of the Federation is given to the King of Prussia, who bears the name of German Kaiser." The Constitution does not make a monarch of the Kaiser, but simply confers on him certain limited presidential powers, much less extensive, indeed, than those of the President of the United States. The power of the Kaiser does not lie in his posi- tion as President of the Federation, but as the sov- ereign of the strongest member of the Federation. Suppose the presidency were given to some small 1 "Two Aspects of the German Constitution." [37] GERMAN GOVERNMENT AND POLITICS state like Reuss, older line. It would be clear then, how little the presidency means. Per se the posi- tion of Kaiser is of little importance. He has no rights of sovereignty. He has only formal powers in the making of laws. The makers of the consti- tution objected to the title "Kaiser of Germany" because that title could have been interpreted to mean that the Kaiser was sovereign monarch of the Empire. And Bismarck declared several times in the Constitutive Imperial Diet of the North German Federation that sovereignty did not be- long to the Kaiser. Imperial sovereignty rests with the twenty-six members of the Federation in their "totality." They have always, through that organ of the Empire, which peculiarly represents them, the Bundesrat, the last word in expressing the will of the Union in laws, including consti- tutional amendments. Thus Germany is not a Monarchy but a Polyarchy. It has been questioned whether the members of the Bundesrat are the states or the princes. This problem will be discussed later on. For the present, it is only necessary to note the actual condition. With the exception of three republics, the free cities, the German states are monarchies, in which the reigning princes are sovereign and have there- fore the right to determine the representation of the state in the Bundesrat. Hence, its members are with the exception of three, delegates of reigning princes. The Empire is therefore an aristocracy. It is an aristocratic polyarchy. [38] NATURE OF THE GERMAN EMPIRE The Constitution of the German Empire does parUa - not establish the parliamentary form of govern- orpresi- ment. It may be that in the far future the Eng- dential govera- lish form of the political responsibility of the ment? Chancellor of the Empire will gradually be intro- duced. The parties of the Left in the Reichstag are pleading for it. But until now, no real tend- ency towards the parliamentary form of govern- ment can be observed, in spite of the wishes of the Liberal, Radical and Social-Democratic Parties. Of course, if a chancellor is permanently without the support of a majority in the Reichstag, so that no legislation is possible, it is clear that he must give up his position. This was the case with Prince von Billow. He had excited the op- position of the majority in the Reichstag the " Blue-Black Bloc," i.e., Conservatives and Cler- icals so that they refused to compromise with him in his financial reforms. The Imperial Gov- ernment is supposed to be above parties and take its majority from all, its leading motive always being the welfare of the whole. And although the Secretaries of State of the Empire have mostly belonged to the Right Wing of the Reichstag, nevertheless sometimes men of Liberal view have been appointed Secretaries, e.g., Dernburg, and Wermuth now mayor of Berlin. Bismarck in the Prussian Chamber of Deputies, May 7, 1886, said: "One who is not Minister may permit himself the luxury of representing publicly and officially a party opinion; in a ministerial position [39] GERMAN GOVERNMENT AND POLITICS as leading Minister, I cannot accept a party view permanently; I may believe it useful for the country to emphasize sometimes one, sometimes another; however, I cannot permanently belong to one party, but I have to ask myself always, what is, at this moment, rebus sic stantibus, useful, what serves the end, what is best for the whole coun- try? . . . and according to that I shall have to make my propositions, in spite of attacks partly bitter and unjust." 1 In forming the Union, the states gave up Relation their sovereignty and received for it a "share in Empire the sovereignty of the Empire." Giving up their sovereignty they did not give up their statehood. They still possess original governmental authority 1 "In the year 1885, when the old Kaiser was seriously ill, Bismarck had a conversation with the Crown Prince. Many expected a gradual change to the parliamentary form of gov- ernment, in case the Crown Prince should succeed his father. Under those circumstances, it would have been impossible for Bismarck to remain in office as the Prince wished. There- fore, he promised to continue his chancellorship only under the condition, that the new Kaiser would be opposed to a parliamentary government. Energetically, the Crown Prince said, 'No idea of it!'" (i.e., parliamentary government). Bis- marck, "Gedanken und Erinnerungen," Vol. II, pp. 304-305. "A leading Minister always needs the help of parties but he can never subject himself to the rule of a party." Bis- marck in a speech in the Reichstag of July 9, 1879. "In Germany, the Ministers are not organs of the Parlia- ment and of its temporary majority, but they are the entrusted representatives of the Crown," etc. Billow in a speech in the Reichstag of November 14, 1906. [40] NATURE OF THE GERMAN EMPIRE and not until all of these powers are taken away from them will they be provinces of a unitary German state. Already many powers have been taken away from the several states and the German Union has more powers than the Ameri- can Union. These subjects of Imperial legislation are enumerated in Article 4 of the Constitution. All other powers are left to the states, as: making their constitutions as long as they are not contrary to the Imperial Constitution, regulating their own finances, making laws relative to religion, public instruction, public meetings, water and road rights (as far as the Empire has not compe- tence), credit of the state, agriculture, breeding of animals, forestry, mining, hunting and fishing. But as soon as a law of the single state becomes contrary to the law of the Union, the rule is: "Reichsrecht bricht Landesrecht" (Article 3), i.e., federal law takes precedence. With regard to the administration of the broad legislative powers of the Empire, Germany differs entirely from the United States. For while in the latter the laws made by the Union are also executed by it, in Germany their execution is mostly left to the officers of the single states. This is not laid down by the constitution as a principle, neither is there a fixed system ac- cording to which the relation of legislation and its administration is regulated. Only con- siderations of convenience are employed in de- ciding this question. Foreign affairs, Postal and [41] GERMAN GOVERNMENT AND POLITICS Telegraph matters and the Imperial Bank are completely or almost completely administered by the Empire. Finally Imperial laws are passed in very general terms while detailed legislation in conformity with them is left to the several states. In all these cases, however, the Empire has the right of super- vision, in order that all legislation may be in harmony with the legislation of the superior authority. The competence of the union is limited by the prM ~ special privileges given to Bavaria, Wiirtemberg, certain Baden, Alsace-Lorraine, Bremen and Hamburg, states These exceptions however, not being essential, only prove the general rule. It would be wrong theoretically to declare the union non-sovereign because it has no right to take away these priv- ileges. They may be abolished, only with the con- sent of the state itself in the Bundesrat. These privileges are generally grouped into two classes: Special privileges (Organisationsprivilegien, Ver- fassungssonderrechte) and reserved privileges (Re- servatrechte, Exemptionsprivilegieri). To the first class belong those special rights which give to a state a certain position in the organization of the Empire, e.g., the hereditary right of Prussia, that its Crown be always joined with that of the Em- pire, the right of each state to have a certain num- ber of votes in the Bundesrat, as enumerated in R. V., Article 6, the right of Bavaria to preside in the Bundesrat as substitute for Prussia, the [42] NATURE OF THE GERMAN EMPIRE right of Bavaria, Saxony and Wiirtemberg to be always represented in certain committees of the Bundesrat (R. V., Article 8). Reserved priv- ileges on the other hand are all those which ex- empt a state from the legislation and supervision of the Union in regard to a matter which other- wise is, or may be, regulated by the Union. Of these privileges, Bavaria has a good many: domicile and settlement in relation to poor re- lief (R. V., Article 4, I 1 ); railroad regulation (R. V., Article, 42-46); military matters; legis- lation with regard to post and telegraphs, and the enjoyment of the income therefrom (as given in R.'V., Article 52). Wiirtemberg has this privilege and also some privileges of minor importance in regard to the organization of its army. (R. V., " Schlussbestimmung," Section XL) Bavaria, Wiirtemberg and Baden have the right to levy taxes on wine and beer produced in their territory the income from these taxes going into their treasuries. (R. V., Article 35.) A similar privilege in regard to spirituous liquors has been abolished with the consent of these states. (Law of June 28, 1887, Paragraph 47.) R. V., Article 34, gives Hamburg and Bremen a large territorial region 1 "The following matters shall be under the supervision of the Empire, and subject to Imperial legislation: " Regulations with respect to the freedom of migration, matters of domicile and settlement, etc. ... so far as these matters are not already provided for in Article 3 of this Con- stitution, in Bavaria, however, exclusive of matters relating to domicile and settlement." [43] GERMAN GOVERNMENT AND POLITICS of exemption from the customs duties of the Empire. The greatest part of this zone came under the entire authority of the Union Feb- ruary 16, 1882, and March 31, 1885, upon the motion of these two Hanse cities. There is, however, still a small free port in connection with each city. SELECTED BIBLIOGRAPHY BURGESS, J. W. "Political Science and Comparative Con- stitutional Law," Vol. I, pp. 120 ff.; pp. 158 ff.; Vol. II, pp. 27 ff. HOWARD, B. E. "The German Empire," Chapter II (The Empire and the Individual States). HUDSON, R. "The North German Confederation." In "Political Science Quarterly," Vol. 61. Du BUY, J. "Two Aspects of the German Constitution." SHEPHARD, W. J. "Tendencies toward Ministerial Respon- sibility in Germany." In "The American Political Science Review," Vol. V, No. i. LOWELL, A. L. "Government and Parties in Continental Europe," Vol. I, pp. 242 ff. [44] A CHAPTER V THE REICHSTAG RTICLE 4 of the Constitution enumerates in sixteen paragraphs the field of Imperial legislation in which the Reichstag participates. Func ~ Comparing it with the legislative power of the the United States we find that of the German Empire "~" greater and more important. The tendency toward centralization is much stronger than in the United States. Article 5 declares that the Reichstag is a co- ordinate factor with the Bundesrat in Imperial legislation. The former has not only the right to participate in legislation proposed by the Bundesrat, including the budget, but it may also initiate legislation. As a matter of fact, however, most legislation originates in the BundesraL The approval of the Reichstag is also necessary for Imperial loans and for the validity of certain ordinances, where, in the law providing for the use of ordinance power, it has reserved to itself this right of approval. Treaties become binding on citizens only if passed as laws by the Reichstag. The Reichstag cannot be prorogued for more than thirty days, nor more than once during the same session without its own consent. The govern- [45] GERMAN GOVERNMENT AND POLITICS ment must in certain cases, especially financial administration, report to the Reichstag. It may, or in some cases must, approve or disapprove the report. Furthermore the Reichstag has the right as a body to petition the Chancellor or the Bundesrat to call attention to necessary leg- islation or administration. Finally, the Reichs- tag, like most legislative bodies, is the judge of the election of its members, makes its own rules for the conduct of its business, and elects its President, Vice-President and Clerks. The Reichstag is chosen by universal adult male suffrage, secretly and directly exercised. 1 The Elections franchise is fundamentally that of the constitu- te the r o " J- 1 Reichs- tion or 1849. Its creation was a radical measure { 8 even in 1867, especially when we consider that Karl Marx and the young Bebel were opposed to it. They did not expect much from it; for looking at France they saw its abuse under the regime of Napoleon III, who legitimized all his actions by force elections. However Lassalle, the genial socialistic demagogue, foresaw the immense value of universal suffrage under an honest govern- ment and for the organization of a political party of workingmen, and by his forceful personality he had an influence upon Bismarck's determina- 1 The details of franchise and constituencies are regulated by an ordinance of the Bundesrat of May 28, 1870 (with amendments of February 27, 1871, December i, 1873 an ^ April 28, 1903) based upon an election law of May 31, 1869. R. V., Article 20, Paragraph I, gives the general principles. [46] THE REICHSTAG tion to introduce universal suffrage for the elec- tion of the Reichstag. Both men were great enemies of the old liberal- ism, which they intended to defeat by universal suffrage. But while Lasalle sought to destroy the bourgeoisie by the votes of the industrial workers, Bismarck counted on the conservative mass of the country population. The result has proved that both were correct. With the immense de- velopment of industry and the promulgation of socialistic ideas, the mass of the liberal element has deserted the party of that name and turned to the socialistic party, while the rural population is the stronghold of conservatism. The old Liberal Party now is without decisive power. Advocating universal suffrage, the Liberals dug their own grave. They were theorists, not politicians. Quite often, recently in particular, as an offset to Liberal criticism of the Prussian Three-Class System, the Reichstag franchise has been attacked by Conservatives, as most unjust, because it equal- izes the votes of the educated and the ignorant, of the rich and the poor. But the government has always upheld universal suffrage as the best and most natural suffrage for the popular rep- resentation of Germany. Defending universal suffrage, Bismarck said in the North German Reichstag, March 27, 1867: "Universal suffrage has come to us in a way, as an inheritance from the development of the German desire for unity; we [47] GERMAN GOVERNMENT AND POLITICS had it in the Constitution, as it was drawn up at Frankfort; we confronted Austria with it in 1866, and I can only say that I at least know of no better electoral law. . . . The solid mass of population should predominate at the elec- tions." According to Paragraph 5 of the Election Law, constu- a population of 100,000 was to elect one repre- uencies . -11 i i sentative with the proviso that each state was to have at least one representative. A surplus of 50,000 was to entitle the state to another repre- sentative. Prussia received 235, Bavaria 48, Saxony 23, Wiirtemberg 17, Baden 14, Hesse 9, Mecklenburg-Schwerin 6, Mecklenburg-Strelitz i, Oldenburg 3, Braunschweig 3, Saxe-Meiningen 2, Saxe-Altenburg i, Saxe-Koburg-Gotha 2, Anhalt 2, Schwarzburg-Rudolstadt i, Schwarzburg-Son- dershausen I, Waldeck I, Reuss older line i, Reuss younger line i, Schaumburg-Lippe i, Lippe i, Lauenburg i, Liibeck i, Bremen i, Hamburg i, Alsace-Lorraine 15. The last clause of the section referred to pro- vided that the adjustment of the number of representatives to an increasing population should be settled by law. However, in spite of the enor- mous concentration of the German people in cities in consequence of industrial and commercial development, the constituencies have remained the same, so that now the sixth district of Berlin represents 219,780, Bochum 163,000, Teltow- Beskow-Storkow 338,800, while Deutsch Krone [48] THE REICHSTAG represents only 12,990, and Lotzen-Angerburg 15,500 qualified voters. Undoubtedly if the franchise is to be treated as a question of arithmetical exactness, there ex- ists great political injustice in this apportionment of representation. This is the opinion of the parties of the Left, especially of the Social-Demo- crats who have time and again demanded a reform of constituencies. But the government and the conservative parties are of the opinion that the Reichstag should represent the different classes. If on the arithmetical basis of population the constituencies were changed, industry would have too big a representation as compared with agriculture. For example, the groups of the Con- servative Party having 74 deputies in 1912 repre- sented 1,933,000 voters, while the Socialists with no seats were supported by 4,250,000 voters. In other words, the Social-Democrats would have more than twice as many deputies as the Conservatives in case of an arithmetical redis- tribution. Of the 397 constituencies 243 are rural, i.e., districts in which the majority of the population lives in communities of less than 2,000 inhabitants. Of these the Liberals have 60, the Conservative Groups 67, the Clerical Group 92, and the So- cialists only 24, all secured in 1912. Of the 154 urban districts, the Social-Democrats have 86, the Liberal Groups 32, the Conservative Groups only 5, and the Clerical Group 31. [49] GERMAN GOVERNMENT AND POLITICS Every male German citizen who has finished his Quaiifi- twenty-fifth year is a qualified voter in the state and and constituency where he resides. The right to disquaii- vo t e is suspended for persons active in military or Stations . . . . for naval service or the army or the navy, excepting voters so-called Militdrbeamte (Chaplains, Judges, etc.). The following classes are disqualified from voting: 1. Persons who are under guardianship. 2. Bankrupts, during the process of bank- ruptcy. 3. Persons who have received alms from public or communal funds during the year preceding the election. Any qualified voter who has been a citizen of any of the states of the Union for one year may be elected to the Reichstag. The date for the elections, which in general The elections has to be the same for the whole Empire, election j s nxe j by an Imperial ordinance. Special elec- tions, which in other respects are treated like gen- eral elections, take place if the person elected does not accept the election, if his election is declared void, or if his seat becomes vacant during the legislative period. Each constituency is subdi- vided into districts. In each district lists of the qualified voters have to be made and deposited for public inspection. This has to be done at least four weeks before the election occurs. Ob- jections to the list may be raised within eight days. Only persons registered may vote. In case of special elections, which take place within one [50] THE REICHSTAG year after the general elections, new election lists are not necessary. The election board consists of a chairman, his substitute, a registrar and three to six adjuncts. All these offices are honorary and unpaid and may not be held by officers directly in the service of the state. The envelope for the ballot must be the same for every candidate. The election be- gins at 10 A.M. and ends at 7 P.M. After the election is over the votes are counted by the election board. The record of the election and all documents pertaining to the election are then sent to the election commissioners of the con- stituency, who are nominated by the superior administrative authority. On the fourth day after the election, the result must be published in the official papers. An absolute majority is necessary for election. If no candidate has a majority a new election, not later than fourteen days after the general election, takes place between the two candidates who received the highest number of votes. This is called a "StifktoaU." A tie is settled by lot. The expenses of the election are paid almost entirely by the constituency. The Criminal Code of Germany protects elec- Special tions to the Reichstag. Its provisions read as ^^jT follows : elections " 107, He who by force or by threat with a criminal act prevents a German from exercising his civil right to elect or vote, will be punished with [51] GERMAN GOVERNMENT AND POLITICS imprisonment for not less than six months or with confinement in a fortress for not less than five years." " 108, He who in the exercise of a public duty is charged with the collection of ballots or with the preparation of the announcement of the result of the election, and intentionally brings about a wrong result of the election or falsifies the result will be punished with imprisonment of from one week to three years." "If the act be committed by a person who is not charged with the collection of ballots or other duty in connection with the election, the same is subject to imprisonment for not more than two years." "He may also be deprived of his civil rights." " 109, He who purchases or sells a vote in connection with a public transaction, will be pun- ished by imprisonment for from one month to two years; he may also be deprived of his civil rights." The Reichstag is judge of its own elections. Settle- The first investigation of the returns, which are disputed transferred to the Reichstag by the different states, elections j s mac j e { n the seven sections (Abteilungen) of the Reichstag, 1 to which the different returns are distributed by lot. In case of any objection in these sections, the validity of the election is de- termined by a special committee of the Reichstag (Wahlpriifungs-Kommission), which is elected for 1 See p. 54. [52] a^tTcf O.S.&0 IM1; Sg^o oJ-'fcCD 3^ 3 5-5^ o con> Q ^ 3 THE REICHSTAG each session. Until a decision is reached, the deputy elected on the face of the returns, retains his seat. As in all the continental European countries, the seats of the Reichstag are arranged in a semi- circle, faced by the platform for the speaker and the the presiding officer and other officers of the Reichs - Reichstag. To the left and right are seats for members of the Bundesrat. Viewed from the speaker's platform we find the conservative parties on the right wing, the Cler- icals next, to the left the liberal groups and on the extreme left the Socialists, from which loca- tion results the naming of the "Right" (Con- servatives), the "Center" (Clericals), the "Left" (Liberals), and the "Extreme Left" (Socialists). At its first meeting, a new Reichstag is called to order by the senior member as President pro tern. As soon as a quorum is present, the Reichs- tag elects a President, two Vice-Presidents, and eight Clerks. The presiding officers are elected for a period of four weeks at the beginning of each new Reichstag, then for the rest of the session and at the beginning of each following session for the whole session. The Clerks are elected for one session. The presiding officers are naturally taken from Presiding , . . & ., , * . . Officers the majority, or it there is no one party-majority, from a coalition of parties furnishing a majority. So far the Conservatives have had six Presidents, the Free Conservatives one, the National-Liberals [53] GERMAN GOVERNMENT AND POLITICS two, the Clericals three, and the Liberals one. The Socialists succeeded for the first time in 1912 in electing one of their members as first Vice-Presi- dent. The presiding officers are for the most part prominent members of their party although not the leaders. They are supposed to and generally do perform their duties impartially. Besides their duty of presiding over the meetings they have the right to be present at the meetings of the committees and the sections, to appoint the administrative paid officials of the Reichstag and from among the members two Quaestors for the supervision of the finances of the Reichstag. To keep the House to the orderly prosecution of its business, the presiding officers may call a member to order. In case of frequent violation of parliamentary rules the member may be re- duced to silence following a resolution of the Reichstag, or in case of a serious disturbance he may be removed from the meeting. If the House is totally in disorder the President may close the meeting. Spectators have no right to applaud or show any sign of discontent. To enforce this rule, the balconies may be cleared at the order of the presiding officer. The order in the Reichs- tag is in general as good as that of the most decorous parliaments. The most disturbing ele- ment is the Social-Democrats. At the opening of the Reichstag the members and'com- are divided by lot into seven equal sections or mittees Abteilungen. These Abteilungen make the pre- [54] THE REICHSTAG liminary investigation of the validity of the elections. 1 The Abteilungen are permanent un- less recomposed at the request of fifty deputies. Furthermore they have in their hands the formation of the committees. Each elects an equal number of men to each committee (Kom- mission). The only permanent committee for the duration of the session, is that for the de- tailed investigation of elections. Each com- mittee elects a chairman, a clerk, and a member to report the result of its deliberations to the Reichstag. 2 The report is either oral or writ- ten. It must be written if so requested by a majority of the Reichstag. Any member may be present at the meetings of a committee unless the Reichstag decides to exclude all who are not official members. Members of the Bundesrat and their representatives must always be ad- mitted as deliberating members and the Chan- cellor must be notified of the subjects under discussion. Thus a needful amount of publicity in the committees is provided for. The order of speakers is fixed by the presiding officer, but he must arrange them according to the order in which they have asked for a partici- pation in the discussion. Those who bring in a bill or a report of a committee must always by request be heard at the beginning and end of the discussion. The speakers speak either from their 1 Cf. p. 52. 2 As to the importance of the committees, see p. 113. [55} GERMAN GOVERNMENT AND POLITICS seats or from the speaker's platform. Speeches must not be read unless the speaker is not able to speak in German. The adjournment of the meeting and the end of the debate is decided by the majority of the Reichstag at the request of any thirty members. Vote is taken according to the rules generally known in legislative bodies. The Reichstag has the right of interpellation of the Bundesrat. Thirty members have to second the interpellation. But, since the Chan- cellor and the Bundesrat are not politically respon- sible, the interpellations would be more correctly termed questions. If the Chancellor wishes to answer the question he sets the date for the answer. This may, on the request of fifty members, be followed by a general discussion. The vote of the members of the Reichstag upon the answer a formality recently added to the rules is in reality meaningless. Addresses to the Kaiser may be sent or personally transmitted to him, in which case the president of the Reichs- tag alone is the speaker. 1 Members of the Reichstag retain their seats for Legal five years, unless the chamber be sooner dis- position . . r . . . of the solved, ihey are tree to resign any time. A members member loses his seat if he accepts a salaried Reichstag official position for the first time, or, if an officeholder when elected, is appointed to a higher position, the theory being that the 1 About the passage of a bill see in detail Chapter VII. [56] THE REICHSTAG conditions under which he received the confi- dence of his constituents have been changed. The members of the Reichstag are given the following privileges, by the Constitution: "Article 30. No member of the Reichstag shall at any time suffer legal or disciplinary prose- cution on account of his vote, or on account of utterances made while in the performance of his functions, or be held responsible in any other way outside of the Reichstag." "Article 31. Without the consent of the Reichs- tag, no one of its members 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 the case of arrest for debt." "At the request of the Reichstag all criminal proceedings instituted against one of its members, and all detentions for the purpose of judicial inquiry or in civil cases, shall be suspended during its sessions." The deputies in the Reichstag are not in legal contemplation bound by the instructions of their states or constituencies. The Constitution, (Article 29) expressly states that "the members of the Reichstag are the representatives of the peo- ple as a whole, and shall not be bound by orders or instructions." As a matter of fact they do not occupy themselves with local legislation pleasing to their districts to the neglect of ques- [57] GERMAN GOVERNMENT AND POLITICS tions of general welfare to any such degree as do Representatives in the Congress of the United States, or the members of the lower houses in France and Italy. Until May 21, 1906, the deputies received no remuneration for their service in the Reichstag. It was Bismarck's opinion that salaries would in- duce the deputies to prolong sessions. Since a deputy is obliged to give almost his whole time to his activity in the Reichstag, many who would have made excellent candidates hesitated to seek election to it. On the other hand it was feared that the payment of members would create a class of professional politicians. Bismarck desired the Reichstag to represent all the dif- ferent interests of Germany, industry, agri- culture, labor and the professions. 1 The sessions of the Reichstag, however, proved to be poorly attended, often failing of the necessary num- ber to carry on the business of the body. In the hope, therefore, of securing a greater share of the time of members for their representative duties they were given an annual salary of 3,000 marks ($750) from which the sum of twenty marks is deducted for every meeting not attended. In addition they were continued in the privilege formerly enjoyed of free transportation on the German railroads. Unfortunately the introduc- tion of salaries has not had the desired result. The salary itself, one tenth that of members of 1 Compare his speech in the Reichstag of April 19, 1871. [58] THE REICHSTAG the Congress of the United States, seems rather inadequate and free transportation encourages running home on the slightest pretext. The St. Paul's Parliament of 1849 at Frank- fort-on-the-Main was one of the most remarkable The Pf r - sonnel popular representative bodies the world has ever of the seen. The intelligence of all Germany was as- sembled to discuss the future of the country, and in theoretical depth its discussions have never been surpassed. But unfortunately it was too theoretical. Its members took too much pleas- ure in the brilliant scintillations of oratory. They followed vague ideals, defending them with dogmatic fanaticism, scorning to seek the attainable through compromise. Their bad example, unrelieved by their brilliancy, was fol- lowed by the Prussian House of Representatives in the period intervening before the establish- ment of the North German Confederation. When after the wars of 1866 and 1870-71 the German Empire was created, a new problem arose for the representatives of the people. They had to help build up the great structure, the foundations of which had been laid by Bismarck. This work attracted again the ablest political minds of the Germans. Thus the first Reichstag contained a number of fine personalities and the average capacity of its members was rela- tively high. Gradually, however, it has de- clined. After the great national problem, the inner unification of the Empire, had been dealt [59] GERMAN GOVERNMENT AND POLITICS with, the detail work of legislation with all its petty struggles began. The parties lost their national character and became the representa- tives of special economic and social classes. Dis- gusted, many men of statesmanlike qualities and high ideals turned away and left the seats in the Reichstag to average politicians. A great deal of this decline in personnel is due to the growth of the Social-Democratic party. Although they count some excellent parliamentarians among their members, the average Social-Democratic deputy is a man of comparatively little education and of narrow views. The Reichstag, it is generally conceded, has disappointed the hopes of the more intelligent people. Nevertheless, it compares favorably with other legislative bodies. Eighty-three of the no Social-Democratic members were formerly workingmen or em- ployees. Of the teaching members 7 are university pro- fessors and the same number professors of inter- mediate schools. The judges are most of them of high rank. Among the state officers there are I former Secretary of State, 3 Privy Councilors and i Councilor of Legation. The number of members of the nobility has steadily decreased. While the Reichstag of the North German Federation contained a majority of noblemen the present Reichstag has only 57, of whom 27 belong to the Right, 14 to the Center and Guelfs and 8 to the Poles One hundred and [60] THE REICHSTAG eighty-nine members have served in the army; 80 were officers of the reserve, among them 2 generals. This fact is of importance, since mili- tary legislation is one of the most important parts of German legislation and the Reichstag should have enough experts to judge of the govern- ment projects and the administration of the army. The following diagram gives a general idea of the occupations of the members of the Reichstag in 1912. Agriculture Industry Commerce Trade Unskilled Labor 88 S 17 21 3 41 members belonged Only one member to the conservative belonged to the groups, none to the Socialists. Socialists. Persons living on their private means Professions 2JO 58 were writers and journalists (43 of these were Social-Democrats); 21 clergymen (20 of these were Catholic priests); 22 professors and teachers; 8 physicians and apothe- caries; 39 lawyers; 24 judges; 21 state officers; 7 communal officers; 50 professional employees or Privat- beamte. Two hundred and six of the deputies had an academic graduate training, 61 of the Clericals, [61] GERMAN GOVERNMENT AND POLITICS 30 National Liberals, 27 Socialists, 26 Liberals, 20 Conservatives, etc. Count Kanitz (Conservative) and Bebel (So- cialist) 1 are the only members who have belonged to the Reichstag since the time of the North German Federation. Besides these two men there is one Clerical who has had a permanent seat in the Reichstag since 1871. Eight of the present members have had a seat since the 70*5, but with intermissions. Two hundred of the deputies elected in 1912 had not belonged to the preced- ing Reichstag, out of which number however 37 had belonged to some other Reichstag. As to the age, there were two older than 80 years, 13 be- tween 70 and 80, 126 between 50 and 60, 143 between 40 and 50 and 2 under 30 years of age. In regard to religion the present Reichstag contained 180 Protestants, 130 Catholics, 69 Dissidents (all Socialists), 8 Free Thinkers and i Free Catholic (all Socialists), 7 Jews, and one whose religious affiliation is not given. Most of the deputies have had some previous political training in the service of cities or other local government divisions. These data show that the German Reichstag, though not a body of well-trained statesmen, is nevertheless a fair representative assemblage of all the different types of German voters and stands comparison with any second legislative chamber in the world except the English House of Commons. 1 Both men died recently. [62] THE REICHSTAG SELECTED BIBLIOGRAPHY BURGESS, J. W. "Political Science and Comparative Con- stitutional Law," Vol. II, Division II, Chapter III (The Construction of the German Imperial Legislature). Chapter VIII (The Powers of the German Imperial Legislature). Chapter IX (Comparison of the Consti- tutions of the United States and the German Empire upon the Subject of Legislative Powers). OGG, F. A. "The Governments of Europe," pp. 223 ff. LOWELL, A. L. "Government and Parties in Continental Europe," Vol. I, pp. 252 ff. HOWARD, B. E. "The German Empire," Chapter V. [6 3 ] CHAPTER VI THE BUNDESRAT Bundesrat corresponds in its composition to the Plenum of the Bundesversammlung of its com- tne German Confederation. Prussia received in addition to her original four votes, those of Hanover (4), Electoral Hesse (3), Holstein (3), Nassau (2) and Frankfort-on-the-Main, (i) so that this state now has seventeen votes. To these must be added the three votes of Alsace- Lorraine, since the Governor of that province- state is appointed at the pleasure of the King of Prussia, and the one vote of Waldeck, which by a treaty has given her administration, and with it her vote in the Bundesrat, to Prussia. Bavaria received six votes instead of the four in the German Confederation. This concession had been made to it in the Customs Parliament of 1867-1870, and was taken over into the Consti- tution of the new Empire. The rest of the sixty-one votes are distributed among the twenty-six states as follows: Saxony and Wiirtemberg four votes each, Baden and Hesse three each, Mecklenburg-Schwerin and Brunswick two each, and the remaining seventeen states one vote each. Alsace-Lorraine has three votes. The votes of Alsace-Lorraine are not [64] THE BUNDESRAT counted, if Prussia by the addition of these votes alone would have a majority, nor in case of a tie, nor in case of amendments to the Constitution. The chairmanship of the Bundesrat belongs to Prussia. The Chairman is the Chancellor of Q*****- the Empire. This chairmanship may be dele- the gated by the Chancellor to a Prussian substitute Bundes - or any other member of the Bundesrat, but by a special treaty with Bavaria (November 23, 1870), this state has the privilege of being the first of the other states to be asked to take the chair. Theoretically the Bundesrat is not a permanent body. According to Article 12 of the Constitu- tion, the Kaiser has the right to open, adjourn and close the Bundesrat. But in fact the business of the Bundesrat has become so enormous that for many years it has been in permanent session. It must be convened, whenever a meeting is de- manded by one-third of the total number of votes, 1 also whenever the Reichstag is in session. 2 Each member of the Federation has the right of appointing as many delegates to the Bundesrat as it has votes, but the votes of each must be cast as a unit. In practice, however, if a state has the right to several delegates, they are usually not all present. For the detailed investigation of bills the Con- stitution 3 provides for eight permanent com- c ~ mittees, on of the Bundes- 1 R. V., Article 14. 2 R. V., Article 13. rat 3 R. V., Article 8. [6 5 ] GERMAN GOVERNMENT AND POLITICS 1. Army and Fortifications. 2. Marine Affairs. 3. Customs Duties and Taxes. 4. Commerce and Trade. 5. Railroads, Posts and Telegraphs. 6. Judicial Affairs. 7. Accounts. 8. Foreign Affairs. On each of these committees (Ausschiissi), Prussia, and four other states must be represented. At present the Committee on Marine Affairs has five members, while all the others have seven. The states to be represented are selected each year by the Bundesrat, except in the case of the Committees on Army and Fortifications and Marine Affairs, which are appointed by the Kaiser. On the Committee on Army and Fortifi- cations Bavaria, by the Constitution, Wiirtem- berg and Saxony, by treaties, are guaranteed permanent seats. By the Constitution, Bavaria is given the chairmanship of the Committee on Foreign Affairs. The other two kingdoms have permanent seats, and at least two other states must be represented. This committee exercises a supervision over the conduct of foreign relations which are administered for the Empire by Prussia through its Ministry of Foreign Affairs. Before important steps in diplomacy are undertaken the committee is consulted and it may exercise a sort of veto, subject to the decision of the Bun- desrat as a whole. Besides these constitutional [66] THE BUNDESRAT committees there exist four permanent commit- tees (on Alsace-Lorraine, on the Constitution, on order of business, on railroad rates) and several others created temporarily for special purposes. In all committees each state has only one vote. The individual member to serve on each com- mittee is designated by the state entitled to representation. The members of the Bundesrat are delegates of their respective states. It is a Staatenhaus The and represents the federal principle in the Empire. O f the The delegates are not the peculiar representa- member s of the tives ot the princes, as some writers say, but Bundes- of the states. Their instruction is the internal rat business of each individual state. If, for instance, Baden were transformed into a republic, the Bundesrat would have to accept the instructed delegates of the popular sovereign under the same conditions as it now accepts the delegates of the monarchical sovereign. In fact there are twenty-two delegates instructed by princes and three instructed by the Senates of republics. The members of the Bundesrat are responsible only to their respective states for their conduct in the Bundesrat, and a violation of their duties is punished according to the laws of the juris- diction in question. The Bundesrat does not therefore investigate the instructions of the dif- ferent members, but is only concerned with their right to be members. The vote of the delegate is final, a fait accompli. The fact that he may [67] GERMAN GOVERNMENT AND POLITICS have violated his instructions does not affect the validity of measures passed with his assistance. The members of the Bundesrat have the posi- tion of diplomatic officers and are exempt from the jurisdiciton of Prussian courts. 1 Each mem- ber of the Bundesrat has the right to appear in the Reichstag and "must be heard there at any time he shall so request, in order to represent the views of his government, even when such views shall not have been adopted by the majority of the Bundesrat.' i " Of this right frequent use is made. German theory and practice have never sanc- tioned the "separation of powers" advocated Func- by Montesquieu and accepted in the United of the States. On the contrary, a disconnection of Bundes- legislative and administrative functions has al- ways been considered detrimental to the harmony and efficiency of government. The Bundesrat, the most important legislative organ of the Em- pire, has also vast administrative and judicial competence. As an organ of administration the Bundesrat has an extensive ordinance power. 3 It is the con- necting link between the laws made by the Empire and the execution of these laws by the several states. Article 7, Clause 2, of the Constitution says: "The Bundesrat shall take action upon the general administrative provisions and arrange- 1 R. V., Article 10. * R. V., Article 9. 3 Cf. p. 1 10. [68] THE BUNDESRAT ments necessary for the execution of the Imperial laws, so far as no other provision is made by law." Sometimes the law makes a provision giving the ordinance power for its detailed administration to the Kaiser, the Chancellor, a department of the Imperial government or the several states. In all other cases the power is exercised by the Bundesrat. Furthermore, clause three of the same article gives the Bundesrat the power of taking ac- tion upon "defects which may be discovered in the execution of Imperial laws" or of their general administative provisions. Like some other upper houses the Bundesrat has the right to recommend, propose or elect some higher administrative officers. 1 In order to bring about a certain unity in the administrative system of the Empire, even where a specific matter is left to the several states, it is sometimes discussed in the Bundesrat. Of course these discussions have no binding author- ity. It cannot be too much emphasized that the delegates of the German state who compose the Bundesrat for making laws and determining matters of administration are the same men who, in their several states, have to do with the en- forcement of those laws. The Bundesrat is an assembly of administrators, of leading Ministers from each state. Thoroughly familiar with the administrative needs of the state they embody 1 Cf. Laband, P., p. 62, footnote 3, and R. V., Articles 36 and 56. [69] GERMAN GOVERNMENT AND POLITICS them into law, thus giving the Empire the benefit of an experience possessed by no other legislative body in the world. At the same time their pres- ence in the federal legislature goes far to minimize the difficulties which have appeared in other federations where the power of executing federal laws has been left to the states. As a judicial organ the Bundesrat has the posi- tion of a supreme administrative court. As such of the the interpretation of the Constitution, so far as de^rat provision is made for it at all, is entrusted to the Bundesrat. 1 Certain special laws explicitly con- fer upon the Bundesrat the right to render decisions of an administrative law character. 2 Article 77 of the Constitution gives the Bundesrat the right to force a state to render justice to an individual. The person denied justice must complain to the Bundesrat, which investigates the case and if it finds the complaint justified obtains judicial relief for the complainant from the government in question. Disputes between several states relating to matters of public law may be adjusted by the Bundesrat, at the request of one of the parties. 3 The Bundesrat may refer, and several times has referred the matter to a high court or a special expert for definite decision. 1 See an example of Laband given by J. H. Robinson in his monograph, "The German Bundesrat," p. 63. 2 E.g., the decision as to whether in the interests of traffic the gates of a fortress should be widened and if so by how much. [See Laband (larger edition), Vol. I, p. 247.] R. V., Article 76, i. [70] THE BUNDESRAT "In disputes relating to constitutional matters in those states of the Union whose constitution does not designate an authority for the settle- ment of such differences, the Bundesrat shall, at the request of one of the parties, effect an amicable adjustment, and if this cannot be done, the mat- ter shall be settled by Imperial law." l The case of Mecklenburg, where the government and leg- Example islature have now for years disagreed in regard i en burg to the introduction of a constitution, has made this paragraph a very interesting and practical one. The conservative Estates are opposed to the introduction of a constitutional government, while the Grand-Dukes of the Mecklenburgs are willing to grant one to the people. No agree- ment can be reached. The parties of the Left in the Reichstag consider it a disgrace for Germany that two of its states should be the only states in Europe without constitutions. They and their press have therefore often discussed the question of forcing upon the Mecklenburgs a constitution through the Reichstag. But the Bundesrat has always taken the point of view that the German government has no right to interfere in Mecklen- burg's affairs according to the article, cited above, unless either the Estates or the Grand-Dukes ask the Bundesrat to do so. Article 76 does not refer to disputes as to suc- cession or regency in the several states. Such disputes are differences between princes, not i R. V., Article 76. [71] GERMAN GOVERNMENT AND POLITICS between states nor between the government of a state and the representatives of the people. How- ever, indirectly the Bundesrat is a court for the decision of questions of succession and regency, for it has to look into the credentials of every member of the Bundesrat and may therefore re- fuse to accept the delegate of a ruler whom it does not recognize. Finally the authorization of "federal execu- tion" in case a state of the Federation does not fulfil its constitutional duty l may be mentioned as a judicial function. The Bundesrat is the most original institution General o f German government. Since it is the repre- sions sentative body of the monarchs and senates of the several states it might be supposed to be a reactionary or unduly conservative body. This cannot justly be said of it. It is a progressive conservative body. Many times it has sur- prised the German people by its progressive proposals as the great financial reform of 1909. The Conservatives and Clericals, the majority parties in the Reichstag, are certainly less pro- gressive than the united governments in the Bundesrat. The Bundesrat represents the federal principle and therefore might be supposed to be the seat of a local patriotism, while the Reichstag, repre- senting the German people, being the outcome of the national German movement should natu- i R. V., Article 19. [72] THE BUNDESRAT rally manifest the national spirit. Just the oppo- site is true. We never hear of sentimental local pride finding expression in the Bundesrat, although on many important questions the delegates repre- sent the interests of their several states, while all shades of petty particularism are found in the Reichstag. The members of the Bundesrat are statesmen of a high type, experienced in the practical work of government. They are, for the most part, broad and high-minded men, by nature careful and conservative, by experience ready to compromise, not striving for the unat- tainable, a most efficient governmental body. They do not talk as much as the members of the Reichstag, and they do not need to, since they do not depend on the people and cannot hope to dazzle their constituents with oratory. They are men of action, a body of workers. Thus they enjoy in general the respect of the German people. The Bundesrat stands higher in the regard of the educated class than does the Reichstag. SELECTED BIBLIOGRAPHY HOWARD, B. E. "The German Empire," Chapter IV (The Bundesrat). ROBINSON, J. H. "The German Bundesrat." OGG, F. A. "The Governments of Europe," pp. 217 ff. LOWELL, A. L. "Government and Parties in Continental Europe," pp. 259 ff. [73] P' CHAPTER VII THE KAISER IRAESIDIUM" (Presidency), "Commander in Chief of the Federation," and "Crown of Prussia" were the three terms used in the Nature Constitution of the North German Federation to of the Kaiser's express Prussia's leadership in it. After the con- clusion of the November treaties, 1 the Bundesrat of the North German Federation, with the con- sent of the southern states, proposed in the Reichstag to give to the King of Prussia the title "German Kaiser." The initiative to this step was taken by the noble and unfortunate King Louis II of Bavaria. In a letter to King William of Prussia, of November 30, 1870, he wrote: "After the accession of South Germany to the constitutional union of Germany, the rights of the Praesidium conferred upon Your Maj- esty will extend over all the German states. I have given my consent to their union in a single hand, convinced, that to do so corresponds with the interests of the German Fatherland as a whole and of its allied princes, but at the same time confident that the constitutional rights of the Praesidium of the Federation created by the i Cf. p. 22. [74] THE KAISER restoration of a German Empire and of the dig- nity of a German Kaiser are rights which Your Majesty exercises in the name of the whole Ger- man Fatherland, upon the basis of universal consent of her princes. I have therefore proposed to the German princes to suggest with me to Your Majesty that the exercise of the rights of the Praesidium of the Federation should be con- nected with the title of 'German Kaiser.' " From this letter it can clearly be seen that the title does not carry any power, and that it was meant to be nothing but an honorary title, to express to the world externally the dignity of the new state. In this sense the title was accepted by King William of Prussia. Thus the new re- daction of the Constitution, April 16, 1871, re- placed the terms of the Constitution of the North German Federation with the name "Kaiser." The legal power of the Praesidium has not only not been increased, it has, in spite of the more dignified title, been decreased, owing to the ac- cession of the southern states and the privileges granted to them. Only the King of Prussia, not a substitute or a regent, may bear the title Kaiser, although they are likewise endowed with all the Imperial power during the time they may happen to rule in Prussia. Since the Constitution says nothing in regard to the succession to the Praesidium, it is generally recognized that Prussian law alone determines it. [75] GERMAN GOVERNMENT AND POLITICS The Kaiser does not participate directly in Eis the creation of Imperial laws. His formal duties mental with regard to legislation will be mentioned functions later. 1 As the instructor of Prussia's vote, the Kaiser has a veto on constitutional amendments and changes of Imperial legislation in regard to taxes and customs duties enumerated in R. V., Article 35, I. 2 The Kaiser has the right to convene, open and adjourn the Bundesrat and Reichstag? His con- sent is necessary for the dissolution of the Reichs- tag* A certain influence over legislation is exercised by the Kaiser through his right to appoint the members of the Bundesrat committees on the army, the navy and the fortresses. 5 The Kaiser has executive functions of great importance. He is the international representa- tive of the Empire. In the name of the Empire he enters into alliances and treaties with foreign countries, receives and accredits Ambassadors. By the right of appointing and dismissing the Chancellor 6 and Imperial officials, inclusive of consuls, 7 he controls the whole Imperial admin- istration which expressly includes the Post and 1 Cf. p. 115. 1 R. V., Article 37. "In taking action upon the rules and regulations for the execution of joint legislation (enumerated in Article 35) the vote of the Praesidium shall decide when it is cast in favor of maintaining the existing rule or regulation." 3 R. V., Article 12. 4 R. V., Article 24. 6 R. V., Article 15, i. 8 R. V., Article 8. 7 R. V., Article 56. [76] THE KAISER Telegraph Service. 1 The Kaiser carries out "fed- eral execution" when ordered by the Bundesrat. 2 He also has the power to declare martial law in any part of Germany if public security demands it. 3 A tremendous power is vested in the Kaiser as Commander in Chief of the army and navy, in peace as well as in war. The limitations of this power through Bavaria and Wurtemberg have been already described. While all these powers are constitutional, and therefore original, two executive functions are delegated to the Kaiser by special laws. The law concerning the Constitution of Alsace- Lorraine makes the Kaiser the governmental au- thority in that province. As such he appoints and removes the Governor and by doing this controls the votes of that province in the Bundes- rat. Furthermore, he has an absolute veto on the legislation of Alsace-Lorraine. The "Law in regard to the Legal Status of the German Protectorates" (Gesetz betreffend die Rechtsverhdltnisse der deutschen Schutzgebiete) of April 17, 1886, delegates to the Kaiser govern- mental authority in the German protectorates. The pardoning power does not belong to the Kaiser, as a constitutional right, but has been delegated to him by special laws. 4 1 R. V., Article 50. 2 R. V., Article 19. 3 R. V., Article 11. 4 See Arndt, A., "Das Staatsrecht des deutschen Reiches," pp. 84 ff. [77] GERMAN GOVERNMENT AND POLITICS The Kaiser is not responsible for his public ms or private acts. The Chancellor, by counter- personal . . . ... /T T7 A 1 \ prtvi- signing his public acts (R. V., Article 17) assumes leges the responsibility for them. This principle is generally accepted. The person of the Kaiser is more sacred than that of private citizens. Offenses against him (crimina laesae majestatis) are therefore punished more severely than those against private citizens. 1 The more serious criminal acts are punished with imprisonment for life and the less dangerous cases with imprisonment for five years. 2 Assas- sination or any attempt at it is punished by death. 3 Other personal privileges connected with the title of German Kaiser, are: 1. The right to have an Imperial crown, Im- perial arms, and an Imperial flag. 2. To decide by ordinance, the title, rank and uniform of the officers of the Imperial civil service. 3. To have the word "Imperial" used in con- nection with his private officers and servants. 4. To have his son called "Crown Prince of the German Empire and of Prussia." No financial remuneration is connected with the title "Kaiser," but he receives through the Budget a certain sum, the Dispositions/and for purposes of representation. 1 Penal Code of the German Empire 95. 2 Ibid 94- 3 Ibid. 80. [78] THE KAISER The foregoing enumeration of the powers of the Kaiser shows that he may be an important The factor in German government, if he takes full German advantage of the powers vested in him. Although, Kaisers from the standpoint of constitutional law, we factors must make a clear distinction between the posi- ofGer - tion of the Kaiser and that of the King of Prussia, emment politically they are inseparable. What he can- not do as Kaiser, he may do as chief of the most powerful state in the Union. From the point of view of practical politics, it makes no differ- ence in which capacity he may at a given moment be acting. It can also easily be seen that if he does not exercise his power, the Chancellor, the only Minister of the Empire, who may combine with this position that of President of the Prus- sian Council of Ministers, will exercise it for him. Who is, at a given moment, the real ruler of Ger- many depends on the personality of Kaiser and Chancellor. William I, the first Kaiser, was born March 22, 1797, the second son of Frederick William wmiaml III, at that time still Crown Prince of Prussia, and the noble Princess Louisa of Mecklenburg- Strelitz. His childhood fell in the saddest time of Germany, its subjection to the tyranny of Napoleon I. As a boy of sixteen he received his commission as captain and joined the headquarters of the allied monarchs at Frankfort-on-the-Main as aide-de-camp of his father. Later on he ac- companied Bliicher's army to France and was [79] GERMAN GOVERNMENT AND POLITICS several times under fire. In the year 1815, the prince was confirmed, and it was then that ac- cording to a Hohenzollern custom he wrote down His con- j^ confession of faith or as he called it Lebens- fession grundsatze. 1 These lines are significant of the motives which characterized his whole life as Prince, King, and Kaiser. To quote a few phrases: "I rejoice in this station, not on account of the distinction it confers upon me, amongst men, nor on account of the enjoyments it places at my disposal, but because it enables me to achieve more than others. My princely rank shall al- ways serve to remind me of the greater obligations it imposes upon me, of the greater efforts it re- quires me to make, and of the greater temptations to which it exposes me. I will submit myself to God, in the firm conviction that He will always do what is best for me. My capacities belong to the World and to my Country. I will therefore work without ceasing in the sphere of activity presented to me, make the best use of my time, and do as much good as it may be in my power to do. I will not domineer over anybody in vir- tue of my rank, nor make an oppressive use of my princely position. "To the utmost of my ability, I will be a helper and advocate of those unfortunates who may seek my aid, or whose mishaps I may be informed of especially of widows, orphans, aged people, men 1 Given in full by Forbes, "William of Germany," pp. 58 ff. [80] WILLIAM I First Kaiser of Germany THE KAISER who have faithfully served the state, and those whom such men may have left behind them in poverty. 1 Never will I forget good done to me by my fellow-men. 2 I will perform all my ser- vice-duties with absolute exactitude, and while assiduously keeping my subordinates to their duty, will treat them amicably and kindly." It is indeed highly surprising to what a great extent the Prince attained his ideal. These words were no empty phrases; his life proved their sincerity. During the time which followed, until he became Regent in 1857, Prince William de- voted himself with all his heart to the military service. In October, 1858, he became permanent Regent and after the death of his brother in January, 1861, King of Prussia. As a soldier, William had seen the great de- fects of the Prussian army. He knew that the ^ russlan Army re- " Shame of Olmiitz" would not have humiliated organiz- Prussia, if she had been a strong military power. atloa T- -J L f L J- 1 lo avoid the recurrence or such a diplomatic defeat and to prepare his country to meet any llaml enemy, William held the reorganization of the army to be the most necessary step in Prussian government. He emphatically pointed out its necessity in his speech at the opening of the Prussian Parliament. But the Liberal majority in the Lower Chamber, fearing that they might 1 See how much he has done at the end of his life for these people through initiating Germany's social legislation. 2 What a friend he was to Bismarck! [81] GERMAN GOVERNMENT AND POLITICS make the Crown too independent and lose control of it, persistently refused to vote for the expend- itures made necessary by military reconstruction. Three courses were open to the King: The first, to give up the reorganization, was impossible for him. He would sooner have abdicated. So he had either by a coup d'etat to abolish the con- stitution or find a strong man, who would carry out his will in spite of the opposition of Parliament. Happily he found this man in Otto von Bismarck, who was appointed Minister-President in Septem- ber, 1862, with Roon as Minister of War. In 1858, Helmut von Moltke had been made Chief of the General Staff of the army. These three men together with the King led Prussia to its victories in war and diplomacy, as a result of which the German Empire arose. 1 As a Prince, disliked, even hated by the masses, he was at the end of his life in 1888, beloved by his people as seldom a ruler has been. His kind- ness of heart, even towards the humblest servant, could not be excelled. He was a soldier from top to bottom, possessing all the virtues of that class: a high sense of duty, courage, exactness in the smallest details, activity. Like his great ancestor, Frederick II, he regarded himself as the first servant of his country. Significant are his words when asked at the end of his life to stop work for a while on account of his weakness: "I have not time to rest." The German people have 1 See the continuation of this historical part on p. 17 ff. [82] THE KAISER given him the name "the Great." This title, however, must not be interpreted in the same sense as the "Great" of Frederic II; for William I was not a genius. The tremendous success of his reign without hesitation, must be attributed to his Chancellor Bismarck. Very little was done except on the initiative of the Chancellor and nothing of importance without his consent. Bis- marck created the chancellorship to fit his own gigantic proportions. William I was King and Kaiser, but Bismarck governed. No love, nor highest esteem for the old Kaiser can change this fact. However, he was great in that he recognized the genius of Bismarck and in spite of all open opposition and secret effort to undermine his confidence trusted him throughout his life. William I was succeeded by his only son, Fred- erick III. He was born October 18, 1831. Like Fred - all the princes of the House of Hohenzollern, he became a soldier. In the winters of 1850 and 1851 he attended the University of Bonn, the first of the Hohenzollern princes to take up academic studies. His fields of study were mainly history, law, politics and French and English conversa- tion. In the winter of 1855-56 he was made acquainted with the inside working of the differ- ent ministerial departments, and, as he expressed himself to his future father-in-law, the Prince Consort Albert of Great Britain, 1 he was dis- 1 See: M. von Poschinger, "Life of the Emperor Frederic," p. 67. [8 3 ] GERMAN GOVERNMENT AND POLITICS gusted with the unjust and reactionary govern- ment of the Manteuffel ministry. In 1858 he married Victoria daughter of the Prince Consort and Queen Victoria of Great Britain. When Bismarck took the reins his unconstitutional government naturally met with the disapproval of the liberal minded Crown Prince. Un- doubtedly he was carried too far by this sincere sentiment. In his hostility to Bismarck's policies he went so far as to call him a "most dangerous adviser for Crown and country." 1 During the war with Denmark, 1864, the Crown Prince was attached to the staff of the old Field-Marshall Wrangel, whom he had to super- vise. He did it with great tact and showed at the same time his ability as a general. Misunder- standing entirely Bismarck's policy for Germany's unity, he opposed the war with Austria. In that war he commanded one of the three armies and decided the battle of Koniggratz, and thereby the war. After it, the Crown Prince, with the right wing of the Liberal Party, became convinced of Bismarck's high patriotism and his ability to conduct the foreign affairs of the Empire. In their fundamental conceptions of internal policy, however, they could never agree. The Franco-German War found the Prince commanding the Third Army composed of troops from the southern states. In this position he 1 See M. von Poschinger, "Life of the Emperor Frederic," p. 149. [84] THE KAISER gained the highest reputation as a general and an enormous popularity as soldier and man. He was not able to exert great influence in internal politics, since he did not agree with Bismarck, who was upheld by the Kaiser. The field in which he was especially interested His inter- was social reform. As M. von Poschinger in her biography of Frederick, says (pp. 355-356): "In form accordance with his idealistic tendencies he re- garded the modification of class distinctions, recognition of intellectual claims, personal 'rap- prochement' of employers and employed, and kindly intercourse between men, as the chief means of compensation for the inevitable hard- ships of industrial life. Freedom from economic distress would, he hoped, result from the spiritual liberty and elevation of the nation. He became in course of time, the center and initiator of all charitable efforts in the country." From June 4 to December 5, 1878, the Crown Prince was commissioned with the regentship because of the serious condition of his father resulting from an attempt upon his life made by the fanatic socialist Hodel. He followed the wishes of the Kaiser in carrying on the govern- ment according to Bismarck's principles. We cannot, therefore, consider this period of govern- ment as characteristic of what his future reign might have been. In the beginning of 1887 a terrible disease, cancer of the throat, began to develop from which [85] GERMAN GOVERNMENT AND POLITICS the Prince suffered severely up to the end of his life, June 7, 1888. He therefore could do very little during the ninety-nine days of his rule. One affair, however, during this time deserves espe- cially to be reported, because it shows the con- stitutional conscientiousness of the Kaiser; the dismissal of von Puttkammer, Minister of the Interior. The main reason for it was the attempt of this friend of Bismarck to influence the elec- tions, while Frederick demanded that "the liberty of future elections should not be restricted by official pressure." With Kaiser Frederick III died the hope of the liberal educated class of Germany. During his whole life, while not a political liberal he had been the champion of free thought and tolerance. Audiatur et altera pars (Let the other side also be heard) was his fundamental principle. Justice to every opinion of a serious minded man could be ex- pected from him. From his firm attitude towards Bismarck before 1866, and his insistence on the dismissal of Puttkammer, we may draw the con- clusion that he would have been a factor in the German government had destiny given him more time. Although by nature liberal minded, he had a very strong historic sense, and had expressed himself against the introduction of the responsible ministerial form of government. 1 With the radi- cal liberal parties he disagreed entirely in his ideas on the army and navy. These were for him the 1 Cf. P . 40. [86] FREDERICK III Second Kaiser of Germany THE KAISER strong instruments of the Crown, over which it alone had control. 1 What the relation between Frederick and Bismarck would have become under different circumstances we may well fancy. They were independent men of different fundamental principles which fact might well have led to a rupture. While Frederick III became famous and at- tracted the attention of his people as Crown Wllllam Prince, comparatively little was known about Wil- liam II when he ascended the throne at the early age of twenty-nine. An anonymous writer in a sensational French book, 2 first called the attention of the world to this talented man. This writer must have known him very well or else received his information from a keen observer. He writes about him as follows: He is "courageous, enterprising, ambitious, hot-headed, but with a heart of gold, sympathetic in the highest degree, impulsive, spirited, vivacious in character, and gifted with a talent for repartee in conversation which would almost make the listener doubt his being a German. He adores the army, by which he is idolized in return. He is highly educated, and well read. He certainly will be a distin- guished man, and very probably a great sovereign. He will be essentially a personal king, never al- lowing himself to be blindly led and ruling with 1 See, M. von Poschinger's Biography, p. 398. 2 "Societe de Berlin." Par le Comte Paul Vasili. Paris 1883. [8 7 ] GERMAN GOVERNMENT AND POLITICS sound and direct judgment, prompt decision, energy in action, and an unbending will." The Prince was the first Hohenzollern to at- tend a public gymnasium, and live in the company of its ordinary pupils. A lasting in- fluence upon the boy during his years at the gymnasium at Cassel was exercised by his tutor, Dr. Hinzpeter, to whom is ascribed the friendly attitude of the future Kaiser towards social reform and his difference of opinion with Bismarck in regard to the Social-Democrats. After gradua- tion, William entered the University of Bonn at the age of eighteen. At the same time he began his military service as a lieutenant of the Guards. Now his environment changed entirely. He came mainly under conservative and reactionary influ- ence and soon joined the party of his grandfather and Bismarck in silent opposition to the liberal views of his father. William n When the young Kaiser took the reins of peace of government into his hands, the eyes of all Europe the world we re directed upon him in nervous excitement. Very little was known about him, and the stories told about his character and views made him a reactionary, brutal warrior. He certainly has surprised the world in many regards. Year after year passed. All the great powers of Europe, Asia and America became involved in wars except Austria-Hungary, France, whose ambition is the conquest of an African colonial empire, and Germany. The title "War Lord" [88] THE KAISER began to be replaced by that of "Peace Lord." 1 Judged by results, no monarch deserves the title so well as he. It is true, the army and even more the navy have been increased enormously during the reign of the present Kaiser. He was the strongest advocate of this increase, but there can be no doubt that the war prepared- ness of Germany, emulated as it has been by other nations, has had a quieting effect upon the contentions of European powers. Not only in this sense but by calm counsels at moments of national hot-blood has the Kaiser often helped to keep the peace of Europe. Like most of his ancestors, the Kaiser is a soldier William n with his whole heart. He loves his army and andthe army has an interest in it which is only surpassed by his interest in the navy. His intimate knowledge of the most detailed questions of army and navy is said to be nearly incredible. Reforms are constantly being introduced at his initiative. For example, his letter of February 15, 1890, to the Minister of War, may be cited. He said: " In my army every soldier is to be treated accord- ing to law, justly and humanely. Only thus is it possible to inspire him with zeal and devotion to duty and love and respect for his superiors." In a Cabinet ordinance of March 2, 1890, the Kaiser 1 See Fried, A. H., "The German Emperor and the Peace of the World." New York, 1912. A book in which he describes the Kaiser as a promoter of peace, and for which he received the Nobel Peace Prize. [8 9 ] GERMAN GOVERNMENT AND POLITICS said: "Nobility of birth alone cannot to-day, as formerly, exclusively entitle to the prerogative of furnishing the officers for my army. Nobility of character, which has at all times distinguished our officers must be, now more than ever, insisted upon in such appointments. I strongly disap- prove the idea that any officer in my army is to be estimated according to the size of the allowance guaranteed him from home. On the contrary, I rank in my mind the highest those regiments whose officers know how to do their full duty, joyously and with alacrity, and who nevertheless receive but modest allowances from their families. The growing luxury must be opposed seriously and persistently." A sensational Cabinet ordi- nance was issued by the Kaiser, January i, 1897, in which he advocated the greatest possible re- striction of duelling among officers, a courageous step indeed, which unfortunately has had less suc- cess than expected. 1 His inter- The navy, however, is the most beloved child navy of tne Kaiser. When he ascended the throne it hardly existed, and it has been his keen interest and urgent insistence which have created and developed a first-class navy in Germany. His systematic persistent campaign in its behalf aroused the slow German mind, so that now ar- dent interest in a strong navy is taken by every 1 See von Schierbrand, "The Kaiser's Speeches," p. 169. All quotations from the Kaiser's speeches are taken from this book. [90] THE KAISER patriotic German. The creation of the navy alone would make William one of the leading figures in German history. While the army and navy are the present Kaiser's most favored fields, it can be said that he is interested in everything. He talks in public on countless subjects, on theology, the latest excavations in Assyria, airships and aeroplanes, economics, education, painting, sculpture, music and many other things beside. He is a peculiar mixture of progressive and The reactionary ideas. No man can take a keener Kaiseras J .a progres- interest in the modern development of industry, siveand commerce and navigation. He grasps every new idea and seeks first-hand information upon it. He makes the barons of industry and commerce his special friends. In pedagogy he emphasizes the value of practical education. He admires the great conqueror of the air, Count Zeppelin. He travels more than any other monarch and tries to get acquainted, not only with princes and aristocrats, but with the leading men of all na- tions. Again and again he has insisted that efficiency is the first requisite in filling a position rather than nobility of birth, which raises no person in his eyes. Yet in striking contrast to these advanced ideas he clings to the old doctrine of "Monarchy by the Grace of God," considering himself a divine instrument, irresponsible to the people. Thus he said in Konigsberg in 1910: "It was in GERMAN GOVERNMENT AND POLITICS this spot that my grandfather in his own right placed the Crown upon his head, insisting once again that it was bestowed upon him by the grace of God alone, and not by parliaments and meet- ings and decisions of the people. He thus re- garded himself as the chosen instrument of heaven, and as such carried out his duties as a ruler and lord. I consider myself such an instrument of heaven, and shall go my way without regard to the view and opinions of the day." As long as the Kaiser rules within the limits set for him by the Constitution the Germans are willing to let him enjoy his dogma of "Kingdom by the Grace of God." They know that his interpreta- tion of it means for him the highest responsibility, for he is through and through a religious and conscientious man. There is one dangerous fault of his character, ~f!*" his natural impulsiveness. It has been more pulsive- ness than once detrimental to German policy. Thus his former Chancellor Hohenlohe complains in his Memoirs (Vol. II, p. 487): "It is not to be denied that the Kaiser disturbs things by his impulsive nature. It is to be wished that he were more phlegmatic." On two occa- sions especially his indiscretion has done great damage to German diplomacy: The cablegram Kaiser ^ t ^ ie Kaiser on J une 3> 1896, to President Kruger and of South Africa, congratulating him upon the President fafe^ o f Jameson, and his interview with the Kruger J English "Daily Telegraph." In itself the con- [92] THE KAISER demnation of the Jameson raid as piracy was sound, and the whole world agreed with it. But the Kaiser is not a private citizen, and his telegram created very bitter feeling in England and helped to arouse hostility against Germany. October 28, 1908, the London "Daily Tele- graph" published an interview with the Kaiser. In ^ aUy this interview the Kaiser deplored the bad rela- interview tions between the English and German people. He showed that although Germany needed a strong navy, it was not a menace to England. Further- more, he said, that "while the prevailing senti- ment among large sections of the middle and lower classes of his own people is not friendly to England" the sympathies of the German Govern- ment had been on the side of the English in the Boer War. He even declared that he had sent to Windsor a plan of campaign against the Boers, re- vised by the General Staff of the German Army, which "ran very much on the same lines as that which was adopted by Lord Roberts.'* The whole interview was as indiscreet as it could be, creating bitter feeling especially in France, Russia and Japan. England simply ridiculed it and be- came more hostile to Germany than ever. It could hardly be believed that a man as intelli- gent as the Kaiser could have done such a thing. Prince Billow was also to blame. He was spending his vacation at a summer resort and the unprinted interview of the Kaiser had been passed by him without careful scrutiny. Prince Billow [93] GERMAN GOVERNMENT AND POLITICS handed his resignation to the Kaiser who, however, did not accept it. The publication of the interview aroused a tremendous storm of indignation in Germany. The papers of all parties from the most conserva- tive to the most radical criticized the Kaiser severely. The Berlin people did not show their usual enthusiasm when he appeared in public, sometimes punishing him with absolute silence. Only after the Kaiser had confessed his mistake through the Chancellor did he regain the con- fidence and love of his people. He has since been more careful in his speeches. On the whole the Kaiser is very popular in Germany. The people know that he works Kaiser s * . popularity harder than any other man in the Empire, that he is sincere, and that he always has the best intentions. His personality must be charming and fascinating if we are to judge by the reports of those who know him well. One cannot say that Germany is well liked, but the Kaiser was before the present European war highly regarded in for- eign countries, even generally speaking, in Eng- land. 1 1 Says an English writer who is a Germanophobe through and through: "William II is, perhaps, the most picturesque and the most talked about figure on the stage of the world, and if a computation should be made, it would very likely be found that more columns of the international press are daily filled with accounts of his doings and sayings than with those of all other sovereigns taken together." Barker, J. E., "Modern Germany," p. 66. [94] WILLIAM II Third Kaiser of Germany THE KAISER As to his position in the government of Germany wuiiamn we must say that he undoubtedly is its most Bismarck important factor. Bismarck said of him as a young Prince: "In him there is something of Frederick the Great and he also is capable of becoming as despotic as Frederick the Great. What a blessing that we have a constitutional government." Bismarck likewise prophesied his own end saying that the Kaiser would be his own Chancellor. It was impossible for two such strong personalities to rule together. One had to resign and the Kaiser, having the constitutional right to do so, forced Bismarck's resignation. The final causes of the rupture were three in number: first, a difference of opinion in re- gard to the treatment of the Social-Democrats; x second, the question of the Cabinet Ordinance of September 8, 1852; z third, a difference of opinion in regard to the relation of Germany and Russia. Just at this juncture came the new 1 Bismarck wanted to suppress the Social-Democrats by "exception-laws," while the Kaiser, probably under the influence of Hinzpeter's teachings, desired to win them to his side by social reforms. 2 This ordinance forbade the individual Prussian Ministers to communicate with the King without the knowledge of the Prime Minister, thus giving the Prime Minister a certain amount of necessary control. The Kaiser wished to revoke the ordinance, because he desired to control the Ministers directly. Bismarck was opposed to such a change and with him stood the whole Ministry. Bismarck's dismissal did not secure its revocation because it is an absolutely necessary regulation. [95] GERMAN GOVERNMENT AND POLITICS elections which created in the Reichstag a strong opposition to Bismarck. The alternative was, either oppose the Reichstag and if necessary dis- solve it, or sacrifice Bismarck. Bismarck was sacrificed and the Kaiser has since always appointed Chancellors who were more or less willing to carry out his own personal policies. The Chancellors, as a whole, have been his tools. Summing up the importance of William II in the life and government of Germany we must agree with Mr. Price Collier, who says: "Here is a man, who in a quarter of a century has so grown into the life of a nation, that when you touch it anywhere, you touch him, and when you think of it from any angle of thought, or describe it from any point of view, you find yourself including him." i SELECTED BIBLIOGRAPHY HOWARD, B. E. "The German Empire," Chapter III. ZORN, PH. "The Constitutional Position of the German Emperor." SIMON, E. "The Emperor William I and his Reign." POSCHINGER, M. VON. "Life of the Emperor Frederic." PERRIS, H. "Germany and the German Emperor," Chapter VIII (Frederic III and William II). SHAW, S. "Wilhelm II." BARKER, J. E. "Modern Germany," Chapter XVI (The German Emperor as a Political Factor). 1 Price Collier, "The Indiscreet." In Scribner's Mag- azine, November, 1912. [96] CHAPTER VIII THE CHANCELLOR AND HIS SUBSTITUTES THE only official of the Empire provided for in the Constitution is the Chancellor. 1 He is the supreme officer of the Empire, not simply Constl - the most important member of a cabinet, like position the Prussian Prime Minister, which position he ofthe usually also holds. There is no Imperial cabinet, ceiior The system of official organization is bureaucratic or centralized. The Chancellor has a twofold position, i.e., chairman of the Bundesrat and head of the Im- perial administration. His position as member of the Bundesrat has been treated before. 2 As head of the Imperial administration he assumes responsibility for the decrees and ordinances of the Kaiser by adding to them his countersigna- ture. 3 The sovereign body of the Empire, the Bundesrat, has nothing to do with the appointment and removal of the Chancellor; he is responsible to the Kaiser, and to him alone. If the Chancellor is not in harmony with the policy of the Kaiser, he must resign. The responsibility of the Chan- cellor extends to the whole administration, though 1 R. V., Article 15. 2 Cf. p. 65. 3 R. V., Article 17. [97] GERMAN GOVERNMENT AND POLITICS none of course expects the Chancellor to be cognizant of all the smallest details of the administration. Bismarck said in the Reichs- tag December I, 1874: "It would be an arrogant assertion, if I tried to make believe that I were in the condition to inspect and actively and person- ally perform or even merely judge with certainty all the details of the wide circle of business for which I assume the responsibility. According to my opinion, the responsibility cannot be ex- pected of the Chancellor in the sense that each individual action within the whole district, for which he is held responsible, is regarded as origi- nating from him personally and consented to by him. . . ." The Chancellor's responsibility is modified with regard to judicial and certain financial of- ficers, who are independent and can be removed only for legal reasons. Whether the Chancellor's responsibility is political, moral or constitu- tional, is not fixed by the Constitution nor by statute, and opinions concerning it differ. The legal duty of the Chancellor to give an account to the Reichstag of the activities for which he is responsible is generally recognized. Bismarck w r as Chancellor till March 20, 1890. His policy, which led to the founding of the lors since German Empire, has been described in the second 1871 chapter. Here we shall attempt to give a gen- eral picture of his personality, and his importance in the government of the new Empire. [98] CHANCELLOR AND HIS SUBSTITUTES Bismarck was, in the first place, the greatest master of diplomacy Germany has ever possessed. He did not belong to the old school of petty intrigues, insincerity, and little schemes, but whenever secrecy was not absolutely required, he used a surprising frankness which stupefied his opponents, because of its very novelty. His policy was generally to reach his end by the mathematical rule that a straight line is the shortest distance between two points. With the help of the army he won the hegemony in Germany for Prussia. He prepared the field of European diplomacy carefully in advance for the war with France. His clever leniency towards Austria in 1866, against the strongest opposi- tion of his King, reconciled that natural ally of Germany with the new status of affairs and made possible a close union between the two countries. The position of Germany in international politics under his leadership was unquestionably dom- inant. His greatest moral diplomatic triumph was the adjustment of the differences between Russia and England at the Congress of Berlin. Undisputed as is his supreme position in for- eign affairs, opinions differ about the wisdom of his internal politics. Bismarck certainly was not altogether successful in this field. Once he fought too powerful an enemy, the Cleri- cals; and in the case of the Social-Democrats, he did not understand the real problem. Bismarck was a bitter enemy of responsible ministerial [99] GERMAN GOVERNMENT AND POLITICS government. He always refused to be classed as a party man and whenever a party was op- posed to his views he tried his best to destroy it absolutely. The best example of this kind is his breach with the National Liberal party which had faithfully helped him build up the new Empire. In 1884 he declared in the Reichs- tag: "The majority of the Reichstag does not make any impression on me. . . . Each one of the parties has been in opposition to me; and I have offered my hand to every party, if I have found that it agreed with what I consider to be in the interest of the country, the nation, the Kaiser and the King." Bismarck has often been accused of having had no principles, because he changed his point of view so frequently, especially in regard to the tariff and the Clericals. It is true he did not believe in principles as something which could never be changed. He was not a theorist of the liberal type, but a practical statesman, who made his policy according to existing circumstances, getting the best out of an unfortunate situation, always ready to compromise to make the govern- ment work. When he saw that he had to count with the Clericals as an important factor in the parliament he made peace with them with as few concessions as possible. He changed his point of view in regard to free trade, because economic and political conditions had changed, and free trade or protection was for him not professional CHANCELLOR AND HIS SUBSTITUTES doctrine, but a question of opportunism. Bis- marck always looked down with contempt on the idealistic dreamers, the doctrinaires in politics, a type which he found exemplified in the Liberal party. The greatest impulse to Bismarck's work was his high patriotism, and his deference to the crown, which however had nothing of the atti- tude of a courtier. For him the most im- portant point in the government was the mon- archy. Again and again he emphasized in his speeches in the Prussian Chamber and in the Reichstag the monarchical principle, fighting suc- cessfully against the least diminution of the constitutional position of his master. 1 It is known that Bismarck, like many great personalities, hated the press, because in the main it had fought against him most bitterly in the first years of his ministry and because with little knowledge of the facts it often attacked his best meant policies of later days. He did not see that in a time of growing democracy, in which public opinion is a most important factor, it was the part of wisdom to be on good terms with the leading journalists. 1 See his speech in the Reichstag, January 24, 1882. "The King governs; the Ministers do not. Have I not fought since 1862? Have I not protected the royal principle, not only with my body but also with my mind? What makes me stay in this position, if it is not the feeling of fidelity in service and of representing the King and his rights? There is not much pleasure in it. ..." [101] GERMAN GOVERNMENT AND POLITICS The severest criticism that can be raised against Bismarck is that he created the Chancellorship to suit his own powerful personality, and satisfy his own ambitions. He did not consider that the government of Germany would ever have to suffer from the impossibility of finding ordinarily a man big enough for the Chancellorship. Naturally Bismarck was not altogether popular during the time of his service. Like many great men, he came into the world to bring not peace but the sword. He was a man of iron will, great in hate, autocratic in the confidence of his superior personality and his superior mind, full of passion. He was no party man but a colossal individualist, a genius, with Luther the greatest man of active genius Germany has produced. The time has come when a general appreciation of the genius of this great hero supercedes all petty criticisms. Young Germany is united in adoring him as the greatest statesman of Germany, the master of German nationalism. When the young Kaiser William II had dis- Georgc missed Bismarck, he looked around for a man of Count ability who at the same time would be a willing Caprivii instrument of his wishes. He found this person in Count Caprivi, a thorough soldier. He had entered the army in 1849. In 1866 he had been promoted to a position in the general staff of the army and had been chief of the general staff 1 Born February 24, 1831, died February 6, 1899. Chan- cellor from March 30, 1890, to October 26, 1894. [102] 4 * COUNT CAPRIVI Second Chancellor of the German Empire CHANCELLOR AND HIS SUBSTITUTES of the tenth army-corps during the Franco-Ger- man War. From 1883 to 1888 he had managed the navy as vice-admiral. In 1888 he became the general of the tenth army-corps. He accepted the position of Chancellor like an obedient soldier, and carried out the commands of his superior in the same spirit of obedience. Of all the Chancellors he was the least independent. His foreign policy was extremely weak and indefinite. In the Reichstag he was neither loved nor hated. His speeches were not brilliant, but based on a good knowledge of facts. He was entirely lack- ing in initiative, which he left to the Kaiser. The best accomplishments of his policy were the prolonging of the Triple Alliance, the acquisition of Heligoland, the reform of the army, in which field he was thoroughly competent, and the con- clusion of commercial treaties with Austria-Hun- gary, Russia, Roumania and Italy. The duties on corn were lowered, while German exports were in return favored. This policy aroused the strong opposition of the Agrarians and led to the formation of the "Farmers' Union." The op- position finally grew so strong that Caprivi felt he could not stay in office longer, and so he resigned. He was succeeded by Prince Hohenlohe-Schil- lingsfiirst. In 1842, he had entered the Prussian 2lrf dwlg civil service, but resigned in order to take up victor, the management of his estates, Ratibor and Koroci. As Duke of Ratibor he had a seat in the lohe- [103] GERMAN GOVERNMENT AND POLITICS Bavarian Upper House, the Reichsrat. Here he pjj^ s ' represented a national German, but anti-Prussian von view. In 1849 he was sent to London as Ambas- sador of the Confederation. In 1866 he changed Korodi his views and advocated in Bavaria a union with Prussia. December 31, 1866, he was made Bavarian Prime Minister and worked for a federation of the southern states with the North German Federation. Although a Catholic, he was not a Clerical, and was opposed to the pre- tentions of the Pope as a superior over all princes and Nations in regard to temporal matters. He was elected a member of the first German Reichs- tag and became its first Vice-President. From 1874 to 1885 he was Ambassador at Paris, and from 1885 to 1894 Governor of Alsace-Lorraine. Hohenlohe was too old, when he received the posi- tion of Chancellor of the Empire, to undertake anything radical. He had shown himself through- out his life to be clever, unselfish and patriotic. The fact that he was related to the Kaiser made him by nature less dependent than Caprivi, but on the whole his policy was, under the influence of the Kaiser, indefinite and experimental. A strong leader would have made his mark during this period of Germany's rise to world power. In his foreign policy Hohenlohe tried to return to Bismarck's principles. Prince Biilow, his successor, served in the 1 Born March 31, 1819, died July 6, 1901. Chancellor from October 29, 1894, to October 17, 1900. [104] PRINCE HOHENLOHE-SCHILLINGSFURST Third Chancellor of the German Empire CHANCELLOR AND HIS SUBSTITUTES Franco-Prussian War, entered the Prussian civil Bemhard , c , , .. , . Helnrich service and was transferred to the diplomatic Karl service. In 1876 he was attache at Paris, and in Martin ' . Prince 1880 second secretary there, after a short inter- BQIOW val in the Foreign Office in Berlin. In 1884 he was made first secretary to the embassy at St. Petersburg. In 1888 he was envoy at Bucharest and in 1893 ambassador in Rome. In 1897 he was appointed to the secretaryship of Foreign Affairs. His appointment to the chancellorship in 1900 was no surprise, since he had been for a long time regarded as the ablest representative of the German government, and as a man in complete harmony with the Kaiser's imperial- istic views. He never attempted to create for himself a position similar to that of Bismarck, because it was simply impossible under a man like the present Kaiser. But he made the best of the situation, and by skilful, cautious and versatile diplomacy, he managed to stay in office for a long term, not being the absolute servant of the Kaiser, and yet enjoying his full confidence. He understood how to hold together the differ- ent elements in the German Reichstag and to find a majority for important measures. If we com- pare Bismarck with a pike in a fishpond we may well compare Billow with an eel. The Annual Register of 1909 characterizes him as "a clever and witty speaker, a skilful debater, an adroit parliamentary strategist, with charming manners 1 Born May 3, 1849. [105] GERMAN GOVERNMENT AND POLITICS and a highly cultivated mind." He had bril- liant but not altogether solid qualities. With remarkable skill and tact he interpreted the sev- eral indiscretions of the Kaiser to Germany and the world so as to make them as harmless as possible without violating the Imperial prestige. He tried to break the power of the Clericals, who had so often abused their strong position in the Reichstag and attempted to rule with the help of a Conservative-Liberal bloc. But when he wanted to make concessions to the Liberals for their help and proposed an extensive inheritance tax as a part of the great financial reform of 1909, he met with the strongest opposition from the Conservatives. Since it was impossible for him to humiliate himself by asking the Clericals for their help as a government party, he had to resign. Theobald von Bethmann-Hollweg was born Dr. Theo- m igi:6. He entered the Prussian civil service bald von . "* Beth- m 1882 and was successively Landrat, Regierungs- mann- president and President of the Province of Bran- denburg. In 1905, he became Prussian Minister of the Interior and in 1907 Imperial Minister of the Interior and Vice-Chancellor. July 14, 1908, he followed Biilow as Chancellor. The present Chancellor is almost the exact opposite of Biilow. He is dry, cold, reserved, not charming, not an interesting speaker, little familiar with diplomacy, a typical Prussian officer of the civil service. At the same time he is very industrious, well in- formed, conscientious and cautious. [106] PRINCE BULOW Fourth Chancellor of the German Empire CHANCELLOR AND HIS SUBSTITUTES Soon after the foundation of the Empire, its administration became so complicated and the Thesub - , . ... stitutes work so tremendous that it was impossible even O fthe for as experienced and hard working a statesman Chan - T>- -11 ceUor as Bismarck to oversee it all personally. It was necessary to establish one secretaryship after another. At the same time there was no provision in the Constitution or any statute for a general temporary substitute for the Chancellor, some- thing which had twice become necessary before 1878. In order to settle this question a law was passed March 17, I878. 1 It provided first for a general substitute or Vice-Chancellor to be appointed by the Kaiser with the advice of the Chancellor. This is neces- sary, since the Chancellor still remains responsible in principle, and must therefore be in harmony with the Vice-Chancellor. The Chancellor may also at any time during the period of substitution perform any official function. It then provides for special substitutes to have charge of the high- est Imperial offices under the Chancellor who may be charged with total or partial responsibility for the performance of their functions. This responsibility, like that of the Chancellor, is to the Kaiser. The central bureau which brings the different offices into the necessary contact with the Chancellor is the Reichskanzlei, created as such in 1879. 1 "Gesetz betreffend die Stellvertretung des Reichs- kanzlers." [ 107] GERMAN GOVERNMENT AND POLITICS As a matter of practical politics a union of the 1116 Imperial Chancellorship with the office of Prime Chan- r . ceiiorand Minister of Prussia seems always necessary Prussian although there is no legal requirement to that effect. Several efforts have been made to sepa- rate these two offices, but they have failed. 1 The Prussian government, as a consequence of Prussia's leading position in the Empire, has to be closely in touch with the policy of the Em- pire. In a speech in the Reichstag March 5, 1878, Bismarck said that by experience he was convinced that the premiership of the Prussian ministry must be connected with the position of German Chancellor, "not because Prussian influence upon the Empire would otherwise be lost, but because German influence upon Prussia is lost, since the representation of the Empire in Prussia must be of such strength, as is only possible in the case of a leading minister and not with an inactive minister without office." For the same reason the general substitute of the Chancel- 1 Prince Bismarck ceded the Prussian premiership to Count Roon because of a difference of opinion between him and Roon, January i, 1873. November 9, Roon re- signed and Bismarck, who had during this period conducted only the foreign affairs of Prussia, reassumed the premiership. Caprivi resigned as Premier of the Prussian Ministry as a consequence of a defeat in the Lower Chamber, March 24, 1892, but retained, like Bismarck, his position as Minister of Foreign Affairs. His defense of the separation of the two offices in the Reichstag, March 26, 1892, was diplomatic but not convincing, and disproved by the facts. [108] D. VON BETHMANN-HOLLWEG Fifth Chancellor of the German Empire CHANCELLOR AND HIS SUBSTITUTES lor should be the substitute of the Minister-Presi- dent of Prussia. 1 SELECTED BIBLIOGRAPHY HOWARD, B. E. "The German Empire," Chapter VI, Imperial Legislation. BURGESS, J. W. "Political Science and Comparative Con- stitutional Law," Vol. II, pp. 89 ff. BISMARCK, OTTO VON. "The Man and the Statesman." (Autobiography.) SMITH, MUNROE. "Bismarck and German Unity." HOHENLOHE-SCHILLINGSFURST, CH. K. V. "Memoirs." WILE, F. W. "Men around the Kaiser." (Billow Beth- mann-Hollweg Tirpitz Posadowsky Dernburg.) 1 On March 10, 1877, Bismarck said in the Reichstag: "I have tried the experiment of ceasing for a time to be Prussian Prime Minister, thinking that I was strong enough as Chan- cellor. I have made a complete mistake by doing so and after a year I have repentantly returned and said, 'I will either resign or have the presidency of the Prussian Ministry again.'" Cf. also the interesting short chapter of Hanel, A., "Das Reich und der preussische Staat," in his "Studien zum deut- schen Staatsrechte." II, i, pp. 57 ff. [ 109] CHAPTER IX THE LAW-MAKING PROCESS HE science of public law discriminates be- tween two kinds of law. The first and more L * w formal kind of law is known as Gesetz or simply Law. It can only be made by the action T nance and in- o f Bundesrat, Reichstag, and Kaiser in the form of structlon ' b . a statute. Ihe second kind or law is called Verordnung or Ordinance. It becomes binding on a citizen when it has been made in the manner prescribed by the Constitution and laws. It is a distinctly subordinate type of law. 1 All the more important matters are regulated by law. The ordinance power cannot be exer- cised except by virtue of an explicit provision of the Constitution or a law. The law lays down general principles with regard to a particular subject, and in accordance with these principles ordinances are made by the executive to facilitate their administration. The ordinance power thus relieves the legislative bodies of much detail work. Furthermore, men constantly dealing with and trained for handling these details are best able to regulate them. 1 Law is in French parlance loi, in Italian, legge; ordinance in French is arreti or dtcret and in Italian istruzione or regola- mfnto. [no] THE LAW-MAKING PROCESS This means that those administrative officers who possess this power have great freedom in the interpretation of laws. They are, however, always under the control of the legislature and of the administrative courts. By "instructions" are meant the rules which regulate the organization of an administrative department internally. They are therefore of purely administrative character and have effect only on officers. As said before, any law, including amendments to the Constitution, may be proposed by either Howa the Reichstag or the Bundesrat. The great major- the ity of bills, however, originate with the Bundesrat. Em P ire J r 1 J L r, - lsmade and most of them are prepared in the Prussian ministries. Here a thorough method is used to collect the necessary material. When this has been done a high administrative officer sees that the bill is in perfect form before passing it to the head of the department. The Kaiser, as such, has not the right to propose legislation. In practice, however, the result is the same as if he had been given the power by the Constitution, since he can introduce bills through his delegates in the Bundesrat. These bills are known as Prdsidialantrage. The ministers of the different states frequently have conferences or correspon- dence relative to bills which are to be intro- duced in the Bundesrat, so that a certain consensus of opinion exists before the actual introduction. [in] GERMAN GOVERNMENT AND POLITICS According to the order of business in the Bundesrat the first reading of the bill does not lead to a vote. This is left to the second reading, at which time, however, it may be decided that the vote shall be taken on a future day. If less than fourteen votes are cast in opposition the first and second reading may take place on the same day. Otherwise an interval of at least five days is necessary between the two readings. A majority is sufficient to secure the passage of a bill except constitutional amendments and a few other classes of legislation. In case of tie Prussia's vote decides the matter. When a bill does not concern the whole Empire, only the votes of those states which are concerned are counted. This excludes the privileged states from voting upon subjects specifically left to their own management by the Constitution or treaties. If the delegate of a state is absent or uninstructed his vote is not counted. The bill is then sent to the Reichstag "in the name of the Kaiser" (Article 16) through the Chancellor. His duty is purely formal and carries with it no right to alter the terms of a bill legally passed by the Bundesrat. The rules of the Reichstag l require the bill in accordance with English and American practice to be read three times. The first reading takes place not earlier than three days after the bill has been handed to the members of the Reichstag 1 Geschdftsordnung 18-20. [112] THE LAW-MAKING PROCESS in printed form. No amendments can be pro- posed at this stage and the discussion is only general. After a bill has had its first reading, the Reichstag determines whether the bill shall go to a committee or not. This may also be done at any subsequent time prior to final passage. The second reading of the bill may not take place until the second day after the first reading, and, in case it is given to a committee, not earlier than on the second day after the printed propositions of the committee are in the hands of the mem- bers of the Reichstag. The bill is then discussed and passed upon article by article. The Reichs- tag may resolve for purposes of debate and vote to combine several articles or separate one. Amendments may be freely proposed at this stage. If the bill passes its second reading with amend- ments the "Bureau" (i.e., the president of the Reichstag together with the clerks) rewrites the bill as amended. The bill is read for the third and last time not earlier than the second day after it has passed the second reading stage. Amendments may be proposed, but will not be considered unless supported by at least thirty members. A general discussion, similar to that on the first reading, is followed by a more specific criticism, similar to that on the second reading. At the end, the bill is adopted or rejected, unless amendments have been made, in which case the final vote is postponed till the "Bureau" of the Reichstag has rewritten the amended bill. For GERMAN GOVERNMENT AND POLITICS the final passage, an absolute majority of the members of the Reichstag is necessary, i.e., 199 votes. By a majority vote, the Reichstag may decide to omit the second reading, or to have the first and second reading on the same day. A com- bination of the first and third reading is re- jected if fifteen members are opposed to it. Such change from the usual practice must be decided upon before the debate begins. Every bill, whether it originates in the Reichs- tag or Bundesrat, is sent to the latter for final consideration. This body, as the sovereign of the Federation, has the last word on all measures. It may even refuse to sanction a bill which it had passed originally. As it also originates most legislation, its preponderance in the parliament is very marked. We have already seen that in the case of ordi- nary amendments to the Constitution, fourteen negative votes in the Bundesrat are fatal, and that proposals to change the special privileges of states may be vetoed by the votes of the state concerned. Still another exception is that the vote of Prussia is decisive with respect to army and navy matters and certain taxes, 1 if it be cast in favor of maintaining the existing arrange- ments. 2 This means of course that Prussia has an absolute veto on any proposition affecting 1 Those specified in R. V., Article 35. 2 R. V., Article 5. [114] THE LAW-MAKING PROCESS these matters which is distasteful to her. The question as to whether grounds exist for the use of this veto is not decided by the Bundesrat, since the provision would then be meaningless, but is left to the Kaiser. He may refuse to sign or publish a law of this type which has been passed in the Bundesrat against the veto of Prussia. After the Bundesrat has given its sanction, the bill is law so far as the subject-matter is concerned. In order to become effective it must be edited and published by the Kaiser. He has no veto in regard to the contents of the law, but he has the right and the duty to see that each law has been passed according to the prescriptions of the Constitution. He cannot, however, take into consideration violations of the rules of the two legislative bodies. If no objections can be raised, the Kaiser must promulgate the law. The stand- ard form for the publication of a law reads: "We William, etc., German Emperor, etc., ordain . . . , after consent of the Bundesrat and Reichs- tag, as follows: . . ." The published law must bear the date of the publication, which counts as the official date of the law, and the counter-signa- ture of the Chancellor or one of his legal substi- tutes. The publication must be made in the official "Reichsgesetzblatt" (Imperial Gazette), for the printing of which the Chancellor and his substitutes are responsible. 1 The courts have 1 R. V., Article 2. GERMAN GOVERNMENT AND POLITICS no right to pass upon the constitutionality of laws. 1 The legislative bodies are superior to the courts. SELECTED BIBLIOGRAPHY BURGESS, J. W. "Political Science and Comparative Con- stitutional Law," Vol. II, pp. 89 ff. HOWARD, B. E., "The German Empire," Chapter VI, Imperial Legislation. 1 The Reichsgericht has declared that it has no right to pass upon the constitutionality of a law. "Entscheidungen des Reichsgerichts in Civilsachen." March 26, 1901, 48, 84. [116] CHAPTER X THE ADMINISTRATION OF THE INTERIOR THE broad principle of the relations of legislation and administration, is legisla- tive centralization and administrative decen- Adminis- tralization. In general, the Empire has merely ^^t the supervision of the administration which is traiiza- carried out by the officers of the several states. 1 For this reason a full discussion of the bu- reaucracy in the Empire will be found in the volume in this series on the government of the several German states, and only the most important points concerning the Imperial Civil Service are touched upon in the following para- graphs. Article 18 of the Constitution provided that every officer of the civil service was to be T^ treated according to the law of his individual ser vice state. This system was too inharmonious to work well. In consequence, a codification of the law for Imperial officers, based upon the Prussian practice, was put into effect March 3i, 1873.1 1 The Reichsbeamtengesetz, in new redaction with some changes, May 18, 1907; in addition to it the Besoldungf gesetz (law regulating the salaries) of July 15, 1909. [117] GERMAN GOVERNMENT AND POLITICS Imperial officers are those appointed by the Kaiser and those who, although appointed by the sovereign of their state, are bound to obey the commands of the Kaiser. The first class are called direct; the second indirect officers. To the second class belong, for example, the officers of the post and telegraph service (except in Bavaria and Wiirtemberg), and military officers (except in Bavaria). In case of conviction in disciplinary courts, Dicipiin- tne Imperial law is the same as that of Prussia, ^oLt s except that no arrest is allowed and the maximum fine is fixed at one month's pay in the case of salaried officers, and ninety marks in the case of unsalaried officers. Furthermore the regular increase of the salary may be stopped as a special punishment. Less severe punishments may be laid upon officers by their superior authority. Dismissal from office must be preceded by a regu- lar process in a disciplinary court. Of these there exist two types, the Disziplinarkammern (Chambers of Discipline) or courts of first in- stance, and the Disziplinarhof (Court of Disci- pline) as court of appeal. The Chambers (now thirty in number) consist of seven members each of whom the president and at least three members must be judicial officers. Conflicts as to compe- tence are decided by the Court of Discipline. The Court of Discipline has its seat at Leipzig. It consists of eleven members, made up of at least four delegates to the Bundesrat, the president, [118] ADMINISTRATION OF THE INTERIOR and five other members of the Supreme Court of the Empire, the Reichsgericht. 1 The pensioning of Imperial officers is regulated in the Law of Imperial Officers (Paragraphs 34- Pension 60). The Chancellor, the Imperial Secretaries, and the Under-Secretaries of Alsace-Lorraine may demand that they be released from the serv- ice for no assigned reason. They must in that event, if they have served at least two years, be given a pension amounting to a minimum of one fourth of their salary. According to Article 4, 3-4, of the Constitu- tion, legislation concerning measures, weights, Wel shts currency and banking is given to the Imperial measures authorities. Imperial law has now completely introduced the decimal or metric system in weights and measures. 2 The local supervision of the correctness of weights and measures is exercised by special offices of the several states, the Eichungsamter, under the supervision of an Imperial office in Berlin, the Normal-Eichungs- kommission. Bavaria has her own central office, but is obliged to take her standard meas- 1 Military officers under the exclusive authority of military commanders have special disciplinary courts. (See Reichs- beamtengesetz, paragraphs 120-123.) Also members of the Reichsgericht, the Rechnungshof, the Reichsamt fur das Hei- matwesen, and judicial officers of the army and navy. 2 E.g., "Masz- und Gewichtsordnung vom 20. Mai, 1908," "Schiffsvermessungsordnung vom I. Mar/, 1895," issued by the Bundesrat as an ordinance, "Miinzgesetz vom I. Juni, 1909." [HP] GERMAN GOVERNMENT AND POLITICS ures from the Imperial office and her technical regulations must be in harmony with those of the office in Berlin. The supervising office for the measurement of electric energy is an Im- perial office in Berlin, the Physikaliscb-Technische Reichsanstalt. The measuring of sea vessels is under the su- pervision of both central Imperial and local state offices. Before the foundation of the Empire coinage Currency an( J banking in Germany were in serious need of banking reform. Different states had different monetary systems and in all circulated a mass of obsolete coinage. All adhered to a silver standard. All issued independent currency and there were private banks of issue acting under differing charters, and with varying responsibilities. The Imperial Constitution gave to the Empire the power to regulate the monetary system and by a series of statutes enacted between 1871 and 1875, this problem of money and banking was solved. The gold standard has been adopted and one kilogram of this precious metal makes 279 ten-mark pieces. The one-mark (silver) piece is the unit of the decimal monetary system of the Empire. It equals about twenty-four cents of American money. The mints are state institu- tions and each state has the right of establishing one. The coinage of money, however, is regulated by the Bundesrat and supervised by commissioners [120] ADMINISTRATION OF THE INTERIOR who are appointed by the Chancellor. Twenty- mark gold pieces may be coined also for private persons in accordance with certain regulations. The issue of coin other than gold is a monopoly of the Empire. The law of April, 1874, provided for the extinction of the paper currency of the sev- Paper i j i_ r money eral states and the creation or new paper money consisting of Reichskassenscheine (Impe- rial Treasury notes) and Banknoten (bank notes) The first, issued by the Reichsschuldenverwaltung (Office for the Administration of Imperial Debts), are not legal tender. The Banknoten are issued by five special privileged note banks in accord- ance with legal regulations. These are the Reichsbank (Imperial Bank) in Berlin, one other bank each in Bavaria, Wiirtemberg, Baden and Saxony. These banks are under the strict super- vision of the Empire, salutary state regulation being the principle relied upon to give notes their security, rather than the deposit with the government of specific property as in the American national banking system. The note issue is limited by imposing a tax on all notes beyond a certain amount. The Reichsbank was created out of the " Bank of Prussia," which was originally a government The ... . . r j , , r~, Reichs- bank with capital supplied by the state. The bank Empire purchased this institution from Prussia, and by the bank law of 1875 founded it as a private corporation under the management and ["I] GERMAN GOVERNMENT AND POLITICS supervision of the Empire. It is a stock com- pany, the whole of its capital being in private hands. Its head is the Imperial Chancellor, or, in case of his unavoidable absence, a substi- tute appointed by the Kaiser. He directs the policy of the bank in accordance with the pro- visions of the Bank Law. He is the president of the Kuratorium, 1 which is in charge of the Imperial supervision of the Reichsbank. Under the Chancellor, the Reichsbank Direktorium, an executive board, has immediate control of the banking business. Its members are appointed for life by the Kaiser, upon nomination by the Bundesrat. The interests of the shareholders are secured by their general meeting, and by an elected advisory committee. The Reichsbank has a ten year contract with the Empire to conduct the financial operations for the imperial treasury. The present contract will expire in 1919. In the German Empire, as in all civilized coun- Proteo tries, new inventions enjoy the protection of the patents government. 2 The Patentamt (Patent Office) in Berlin grants on application patents for all new inventions which are of practical use. The period during which an inventor is allowed a monopoly of his invention is fifteen years, for which privi- lege a yearly increasing fee has to be paid. In 1 The Kuratorium consists of the Chancellor as its presi- dent, one member appointed by the Kaiser, and three by the Bundesrat, for a term of two years. 2 About the details see PaUntgesetz of April 7, 1891. [122] ADMINISTRATION OF THE INTERIOR case a patented invention is not used within three years after its grant, the patent may be revoked by the Patentamt. Furthermore the Empire may buy a patent from an inventor whenever it is in the interest of the general public welfare, the army or the navy. In a similar way designs and trade- marks are protected by special laws, the former for three years, and the latter for ten years, with the privilege of renewal. Since May i, 1903, the German Empire has belonged to the International Union for the Protection of Industrial Property. All the coun- tries in this union give the same protection to in- ventions, designs and trade-marks which is granted in the country of their origin, if the application for protection is made within reasonable time. The Stein-Hard enberg reforms of 181 1 embodied for the first time in the Prussian trade laws Su P er - the principle of industrial freedom as taught by trade and Adam Smith. This principle was fully recognized lndus &y in the law regulating trade and industry of the Empire, the Gewerbe-Ordnung (Trade Law). 1 In the beginning of the seventies a movement to return to a system of protection and paternal- ism, a neo-mercantilistic tendency, started in Germany, which has grown stronger and stronger. The principle of industrial freedom was greatly 1 This law is the Gewerbe-Ordnung of June 21, 1869, of the North German Federation, which was taken over by the Empire in 1871. It has undergone many very important changes. [123] GERMAN GOVERNMENT AND POLITICS modified so that at the present time it cannot be said to obtain in Germany. The first step in this direction was the introduction of voluntary guilds in 1878, which were charged with important functions regarding the training of apprentices. Many other amendments in favor of the guild system and restriction of trades and indus- tries followed. The purpose of this legislation was to restore the craft of the artisan to its former efficiency and dignity, protect arti- sans against capitalists, and promote self- respect and a proper class spirit. In order to attain this purpose, the Gewerbe-Ordnung officially abbreviated G. O. provides for pro- tection against unjust exploitation, guarantees efficient training for certain occupations, and regulates an official representation of class in- terests and protective measures against unfair competition. The following outline of this law illustrates in detail these general principles of the activity of the German government in the regulation of trade and industry. The Gewerbe-Ordnung distinguishes between located industry and trade, unsettled industry and trade, and market industry and trade. Located industries and trades have to be registered; open stores and restaurants must give the full name of the owner on the outside of the premises. A special official consent is neces- sary for the establishment of factories and ma- [124] ADMINISTRATION OF THF INTERIOR chines disagreeable, detrimental or dangerous to the environment; for instance, steam-engines, gunpowder factories, wind motors, etc. An "ap- probation," that is, a consent based upon the passage of an examination, is necessary for cer- tain professions and occupations; for example, medicine in its various branches, chauffeuring, several branches of service on ocean vessels, such as piloting. A special concession is also required for certain institutions (medical, theatrical, liquor, loan, employment, immigration, emigration, pri- vate insurance, mortgage banking). Other occu- pations may be prohibited to persons unfit by character, especially dancing, gymnastics, trade with explosives, information bureaus, and mar- riage bureaus. Tradesmen who travel are required to purchase a certificate granted to them by an adminis- trative authority of their place of residence. The grant of the certificate depends on certain qualifications. The buying and selling at markets and fairs is free, save a fee for the stand. The number and duration of fairs and markets is fixed by the administrative authorities. Title VI of the ten titles of the G. O. reg- ulates the organization of artisans in guilds or Innungen. These are created for the culti- vation of class honor, corps spirit, promotion of a healthy relationship between masters and helpers, and arbitration between them in case [125] GERMAN GOVERNMENT AND POLITICS of differences; also for the general promotion of common interests, the care of employment bureaus, and for the regulation of the affairs of helpers. The creation of guilds is either free or obligatory, as regulated in the G. O. The guilds are legal corporations under the supervision of administrative authorities. Several guilds of the same administrative districts may*create a committee for the promotion of their interests. The states of the Federation are obliged to create chambers of artisans for larger districts. These represent the interests of artisans analogous to the representation of commercial interests in chambers of commerce. Title VII of the G. O. deals with the legal status of workingmen, and especially their pro- tection. It fixes the maximum of working hours, Sunday rest, the legal status of minors and chil- dren, working women, wages (which must be paid in German money, the so-called truck system being prohibited), contracts, length of instruc- tion for beginners, the acquisition of the master title and rights connected with it, protection of life, health and morality of workingmen and women. The enforcement of the laws and regulations laid down in the G. O. is in the hands of special civil service officers, the Gewerbeinspektoren or trade inspectors, who are aided by the local police. They are appointed by the governments of the several states, and are obliged to make [126] ADMINISTRATION OF THE INTERIOR frequent and unanticipated inspections and to place before the Imperial legislature annual reports about their activity. Punishments for the violation of the G. O. are laid down in its last title. The supreme supervising organ is the Secre- tariat of the Interior of the Empire. The local supervision is centralized in the Ministries of Commerce and Industry, or special Departments of Industry of the several states. A special Beiratfiir Arbeiterstatistik or "Council for Workingmen's Statistics" has been created at the Imperial Office of Statistics for the collection of facts concerning the promotion of the interests of industrial workers. For the settlement of disputes between working- men or between employers and employees, special industrial courts, the Gewerbegerichte or Trade Courts may be created. They consist of a chair- man and four members, selected from employers and employees. Perhaps no field of German governmental activity has been more admired and used as an tete ! ~ example than her system of compulsory insur- ance. In Germany, even the severest critics of the form in which it is now managed admit its advantages. Thus the foremost German critic of its working in the Empire, Prof. L. Bernhard, says: 1 "A survey of medical literature clearly shows 1 Taken from L. Bernhard, "The Future of Social Policy in Germany," 1912. Translated by L. H. Gray. [127] surance GERMAN GOVERNMENT AND POLITICS that instruction in simulation and aggravation has actually become a special science since the introduction of workingmen's insurance and through workingmen's insurance. But even sim- ulation itself is not the worst. A far more dubious phenomenon is the formation in the consciousness of the masses of a trend of thought which creates close connections between every illness and a title to a pension. As a result attention is cease- lessly directed to the conditions connected with one's own body, and those nervous phenomena appear which are called 'pension hysteria* by physicians. The social policy of Germany leads to an elimination of private initiative, to a check upon the spirit of enterprise, and to an anni- hilation of independence, and countless bureau- cratic interferences impede the progress of our industries." Yet on the other hand Professor Bernhard ad- mits that " Protection of workingmen has proved itself to be so necessary and so beneficial that it is the bounden duty of all to speak of these matters with respect and restraint. We all know that the concept of insurance is sound at heart, ... It was indeed important to balance the dangers of the workingmen's tasks, and to offset sickness and dread of old age." The principles upon which the German gov- ernment initiated its marvelous system of state insurance were laid down in the famous Imperial Messages of November 17, 1881, and April 14, [128] ADMINISTRATION OF THE INTERIOR 1883. In the first message, Kaiser William I said: "The abolition of social evils should not be accomplished exclusively by repression of so- cial excesses but equally by positively promoting the welfare of the workingmen. We consider it Our Imperial duty to impress the Reichstag with the necessity of promoting the welfare of the workingmen, and We would look back with greater satisfaction to all Our successes with which God has apparently blessed Our govern- ment, if We succeeded in taking away with Us the assurance that We have left behind Us for the Fatherland new and lasting certainty of its inner peace, and for those who need help greater security and assistance, to which they are entitled/* Since then the system of State Insurance has been steadily built up to the present time. The essential characteristic feature of the German State Insurance is obligatory member- ship. The insurance organs, that is, communes and sick-benefit associations of different types, or cooperative associations, are conducted from the standpoint of reciprocity and self-govern- ment. The executive officers are honorary offi- cials elected by proportional vote from among the employers and employees. The states have only a general supervision over these insurance organs through insurance offices, of which there are three kinds: lower, superior, and one "Su- preme Imperial Insurance Office," the Reichs- [129] GERMAN GOVERNMENT AND POLITICS versicherungsamt. 1 All these offices contain some lay members who are selected equally from the employers and employees; the superior offices employ also judges, and the Supreme Office includes, besides professional officers, who are appointed by the Kaiser upon recommendation of the Bundesrat, some members of the Bundesrat. All these officers have special judicial departments for the settlement of disputes arising from in- surance, the Supreme Office being the final court of appeal. The three kinds of insurance are: sick, acci- dent, and old age and invalid insurance. All employees earning an income of less than 5,000 marks are required to join an accident in- surance association. If their income is less than 2,500 marks they must likewise join a sick insurance association, and if it falls below 2,000 marks they must join an old age and invalid association. The insurance against sickness gives the in- sured sufficient help in case of sickness for at least twenty-six weeks. Young mothers receive finan- cial assistance for eight weeks after giving birth to a child. In case of death the relatives of the deceased receive a sum equal to at least twenty times the average daily wages of the deceased. The expense of the insurance is borne one 1 Bavaria, Saxony, and Baden have a "Supreme Insurance Office" of their own, which in many cases takes the place of the Imperial Office. [130] ADMINISTRATION OF THE INTERIOR third by the employees and two thirds by the employers. The accident insurance entitles the insured member to financial compensation for accidental injury or death not caused by his own gross neg- ligence. In case of permanent injury the com- pensation consists of free medical treatment beginning with the fourteenth week * and a pen- sion fixed according to the severity of the injury up to a maximum of two thirds of the last annual income of the injured person. In case of death the near relatives are entitled to a pension and a Sterbegeld or "Death-Money," equal to one fif- teenth of the last annual income of the deceased. The expense of the accident insurance is borne entirely by the employers. Members of the old age and invalid's insurance associations are entitled to a pension at the be- ginning of permanent invalidity, or always after the age of seventy years. Invalid widows, and orphans under fifteen years of age, of insured persons, are also entitled to a pension. The expense of this insurance is borne by the govern- ment, the employers and the employees. The government pays for every invalid's pension yearly fifty marks. The rest is equally divided between the other two parties. All the different insurance laws, eight in num- ber, have been revised enlarged and edited as one 1 During the first thirteen weeks, the sick insurance asso- ciation has to give its assistance to the injured person. [131] GERMAN GOVERNMENT AND POLITICS harmonious law, the Insurance Act of July 19, 1911. A few figures may serve to illustrate the enormous proportions of the system. In 1912 fourteen million people were insured against sickness, twenty-five million against accident, and sixteen million against old age and invalidity. About nine billion marks have been expended since the passage of the insurance laws. The Constitution Article 4, 15, gives the Em- Medical pj re tne right of legislation in regard to medical erinary and veterinary practice. This is under the care and supervision of the Secretariat of the Interior. The technical questions are handled by one of its departments, the Gesundheitsamt (Health-Office). Several Imperial laws directly affecting the medical police have been passed; for example, the law of 1874, making vaccination compulsory; a law of 1900 for the extermination of contagious dis- eases; the pure food law of 1879, including the supervision of toys, colors, petroleum, etc. ; a law of 1900 concerning the inspection of meat; the international convention of 1893 against cholera; the international sanitary convention of 1894 for the inspection of pilgrim vessels from India; the international convention of 1903 concerning meas- ures against pests, cholera, and yellow fever. In regard to veterinary police, several Imperial laws have been passed; for instance, the law of 1909 concerning animal epidemics; the law of the North German Federation of 1869 concerning [132] ADMINISTRATION OF THE INTERIOR measures against epidemics of cattle; the law of 1876 in regard to the removal of contagious material in freight trains; and a few others. The administration of these laws is left almost entirely to the several states. SELECTED BIBLIOGRAPHY ASHLEY, A. "The Social Policy of Bismarck." DAWSON, W. H. "Social Insurance in Germany, 1883-1911." "The Reichsbank, 1876-1900." Published under the auspices of the Reichsbank. BARKER, J. E. "Modern Germany," Chapters XXVIII- XXX. [133] CHAPTER XI THE FINANCES OF THE GERMAN EMPIRE THE financial calculations of private persons are based upon their income; those of a state, upon its necessary expenditures. As a rule, income is not an end in itself with the state. Its amount is prescribed by the needs of the state. When we look at the history of the expendi- The tures of the German Empire, we find that they ment have steadily and enormously increased. This is of the partly due to the development of the original expend!- / . . & tures of administrative branches, and partly to the fact 4116 that the Empire has started new spheres of activ- Emplre . . f i i r ity since its foundation. Aside trom the regular increase in the size of the army, the improvement of its rations, the higher cost of living, and the introduction of modern hygiene in the barracks have increased the standard of expenditure and raised the total cost of army maintenance to three times the expenditure of 1872. The cost of the interior administration is also three times as high; that of the administration of foreign affairs four times as high. 1 The expenditures for the 1 E.g., there exist now more than five times as many consulates as in the beginning of the Empire. [134] THE FINANCES OF THE EMPIRE large and increasing Imperial debts must also be reckoned in as an important factor. Of new activities which consume great amounts of money, should be mentioned, in the first place, the creation of the German navy. The current expenditures for the navy alone amounted to 197,396,000 marks in the year 1913. Furthermore, the acquisition and administra- tion of colonies have greatly influenced the finances of the Empire. The revolts in South Africa and the expedition to China in 1900 cost the Empire 720 millions of marks. Another tremendous increase was caused by the contri- bution of the Empire to the system of compulsory state insurance which was started in the eighties of the last century. The patent office, the sani- tation office, the supervising authorities for private insurance companies, contributions to scientific investigations, subventions for steamship com- panies, and other new expenditures for cultural purposes, help to increase the cost of the main- tenance and development of the government. As a whole the expenditures of the German Empire, from 1872 to the financial reform of 1909, multiplied about four times. They rose from about 400 millions to 1,650 millions of marks. Let us now examine the sources of the income of the German Empire. The nature of a federa- Fe <* eral tion requires a division of the income between the state union and the several states. The stronger the &uaices centralization, the greater the federal expendi- [135] GERMAN GOVERNMENT AND POLITICS tures, and the more therefore is the union entitled to remunerative taxes. On the other hand, the several states are usually the original political units of a federation and have reserved a large number of taxes for themselves which they are not willing to transfer to the union. The most natural division of the income is the general principle found alike in Germany, the United States and Switzerland that customs duties and indirect taxes are reserved to the union. In addition, checks, mortgages, railroad tickets, etc., are taxed by the German Empire on account of their mobility. This principle of division of Imperial and state finances, however, is not strictly carried out. Excises on beer and wine are laid by some of the states of Southern Germany, and in latter years the Empire has levied taxes on immobile values, such as the in- heritance tax, taxes on unearned increment, etc. Another important exception to this principle are the so-called Matrikularbeitriige, or Contributions of the States, which will be discussed later on. The income of the Empire, other than from its 7116 property, consists therefore at present of the system of following: imperial j Customs duties. Originally, the Empire Income . -rr t> r started with a low protective tariff. r>ut tor several reasons, mentioned in other parts of this volume, 1 it changed in 1879 to a high protective tariff, which was increased in 1885 and 1887. 1 See pp. 224 ff. [136] THE FINANCES OF THE EMPIRE The year 1892 brought the commercial treaties with Austria, Italy, Switzerland, Belgium, Rou- mania, Serbia and Russia, which, since they were concluded for a fixed period of twelve years, gave German products a greater market stability. A significant feature of these treaties was the lower- ing of the duties on agricultural products. The agricultural interests fought bitterly against these treaties, and after hard struggles a tariff was passed in 1902 which went into force in 1906. This tariff again increased the duties on corn, whereupon the existing commercial treaties were amended. Most of the commercial treaties will expire at the end of the year 1917. The customs duties are the main source of the Imperial income, constituting about one half. 2. Excises collected on brandy, beer (exclud- ing South Germany), burners and lamps, salt, champagne, tobacco, cigarettes, sugar and matches. 3. Stamp taxes collected on playing cards, bills of exchange, checks, foreign banking notes, shares, deeds, mortgages, bills of sale, bills of lading, betting and lottery tickets, railroad tickets, license cards for automobiles used for business purposes, the remuneration of members of the supervising boards of stock companies. Among these taxes we may enumerate also the Imperial inheritance tax, although it is not a stamp tax in its form. One quarter of this goes to the sev- eral states. The tax progresses according to the [137] GERMAN GOVERNMENT AND POLITICS grade of relationship and the amount of the heri- tage. Since 1911 the Empire has derived an in- come from a tax on the unearned increment of real estate, of which 50 per cent goes to the Imperial Treasury, 10 per cent to that of the several states, and 40 percent to the communes. 4. Contributions of the several states, called Matrikularbeitrage, 1 calculated according to the number of inhabitants of the states. Originally these contributions were considered only a tem- porary institution. R. V., Article 70, provided that they should be in existence only until the Empire would have acquired other means of income. Bismarck disliked the idea that "the Empire was an undesirable boarder of the several states/' 2 and wished to abolish the matricular contributions entirely. 3 But for political reasons the Reichstag refused to abolish them. Since they yearly require the consent of the Reichstag, they give a decided and frequent political con- trol over the finances of the Empire. The final desire of the majority of the Reichstag has been to establish the political responsibility of the Secretary of Finances, but since the government always has been opposed to even the slight- est tendency toward ministerial responsibility it 1 Switzerland has also legally recognized the system of Matrikularbeitrage, but other sources of income have made it unnecessary to collect contributions from the several states. 2 Speech in the Reichstag of May 2, 1879. 3 Speech in the Reichstag of March 10, 1877. [138] THE FINANCES OF THE EMPIRE has insisted on exercising a constant control over the finances of the Empire through its con- sent to the contributions. When, therefore, the Reichstag in the year 1879 passed the high pro- tective tariff, it saw to it that the contributions would not be made unnecessary on account of the large income from the customs duties. For this reason it created an artificial deficit by the pas- sage of the so-called clausula Frankenstein. l Ac- cording to this clause a considerable part of the income from the customs duties had to be given to the states, which in their turn had further on to fill out the deficit of the Empire by matricular contributions. The system of these exchanges between the Empire and the states has been frequently changed 2 but never abolished. In the year 1904 the clause of R. V., Article 70, "so long as Imperial taxes are not introduced," was eliminated and thus the matricular con- tributions are now recognized as permanent taxes. Since 1909 the exchange between the Empire and the states is made through the brandy tax. The income from this tax is transmitted to the states. These have in turn to contribute to the income of the Empire according to the deficit of the Imperial Treasury. And then again the Empire hands over the surplus of its income to the states. This system is artificial and compli- 1 So called after its clerical originator in the Reichstag. 2 For instance, in 1904 and 1906 the contributions were decreased. [139] GERMAN GOVERNMENT AND POLITICS cated in the highest degree, and a change is greatly to be desired. The Imperial Fiskus or Reichsfiskus, is the Fiskus, German Empire in its legal capacity as owner Imperial ' property, ot property, tor example, railroads, posts, tele- imperial graphs, etc. As such it is treated like any public debts . corporation. Alsace-Lorraine and the protector- ates have their own Fiskus. The Imperial property of Germany is very small compared with that of the states. It consists of the railroads in Alsace-Lorraine, which were bought from France in 1871 for 325 million francs; the Imperial war treasure, consisting of 120 mil- lion marks in gold, and kept for costs of mobiliza- tion; the Imperial Veterans' Fund, which originally consisted of 561 million marks but which had sunk to about 130 million marks in 1909. The money for the last two funds was reserved from the French war indemnity. Further, there should be mentioned the share which the Empire receives from the Imperial Bank, the Government Print- ing Office, the "Imperial Gazette," a few Imperial railroads and the posts and telegraphs. Besides this so-called financial property, the Empire pos- sessed also so-called administrative property, e.g., administrative buildings, fortresses, military and naval stations, etc. Corresponding to the classification of property, the debts are divided into: i. Finance debts; e.g., those made for ex- traordinary needs; and, [140] THE FINANCES OF THE EMPIRE 2. Administrative debts; e.g., those made for current administrative purposes. The latter may be incurred by any administra- tive department on the basis of the budget. The others may be created only by virtue of special laws. Of these distinction is to be made between Reichskassenscheine, that is, actual paper money bearing no interest and exchangeable for cash at any Imperial office ; Schatzamueisungen, that is, drafts, bearing interest and issued for a fixed term; and Reichsanleihen, which differ from the former drafts in that their term of expiration is not fixed. The German Empire started with finances in good condition. It had no debts. The 770 mil- Outilne lion marks of debts of the North German Feder- financial ation and of the Franco-German War were paid bistor y by the French indemnity in the year 1873. The Germany sources of Imperial income, however, were very poor in the seventies. The contributions of the states until 1879 amounted to about one quarter of the entire income of the Empire. In the year 1878 the income, other than from contributions, had increased by twenty-nine million marks only, while the expenditures had increased by 100 million marks. Bismarck saw clearly the dangers of insufficient sources of income for the Empire. Mainly to improve the Imperial finances and give the Empire an independent large revenue, he introduced, in the year 1878, the protective tariff and, unsuc- cessfully, planned the Imperial ownership of rail- GERMAN GOVERNMENT AND POLITICS roads, the tobacco monopoly, and later on the brandy monopoly. Unfortunately, the financial reform of Bismarck was reduced in its effect by the clausula Frankenstein. 1 While the financial reform of 1878 opened a splendid source of income the customs duties the uncertainty of the finances remained on account of this distracting clause. During the period from 1879 to 1900, the ex- penditures of the Empire increased rapidly. The income consisted mainly of contributions and of loans. As a matter of fact the surplus of the customs duties paid to the states surpassed their contributions from 1879 to 1899 by 390 millions. On the other hand, the debts which the Empire incurred during this period amounted to 2,300 million marks. And furthermore, these debts were made without any arrangement for their repayment. Since 1900 the expenditures in- creased more than ever, while, in spite of minor reforms, the income did not increase correspond- ingly. In 1908 the Imperial debt had reached the sum of 4,253^ million marks. The financial history of the Empire is shame- ful when we consider the permanent peace and prosperity of the country since its foundation. It was indeed time for change when, in Novem- ber, 1908, the Bundesrat proposed a reform of the financial system of the Empire, for which 500 million marks were demanded by the govern- 1 Cf. p. 138. [142] THE FINANCES OF THE EMPIRE ment. Although the reform, carried out in the year 1909, was far behind the expectations of the leading authorities on finance and favored the wealthy classes unduly, it nevertheless made considerable improvement in the situation. The aim of the reform was to stop the creation of more debts, and to provide for the existing debts systematically; to bring expenditure and income into harmony; and to regulate the financial relations between the Empire and the states. The last of the three reforms has not been accomplished, and it remains a problem for the future. As long as the Empire has not its own independent revenue, and with it full financial responsibility, the situation is neither logical nor satisfactory. The latest change in the financial system of the German Empire took place June 30, 1913. The increase of the army, necessitated by the secret military agreement between Germany's enemies known to the German government, re- quired an increase of almost a billion marks of extraordinary non-recurring expenditure, be- sides an increase of the current expenditure. To meet the first a so-called "defense contribution" or Wehrsteuer was accepted. This was a non- recurring direct property tax on all estates exceed- ing 10,000 marks, 1 and progressing at the rate of 1 Persons with an income of less than 4,000 marks were exempt up to 30,000 marks; persons having an income of less than 2,000 marks were exempt up to 50,000 marks. [143] GERMAN GOVERNMENT AND POLITICS from 0.35 to i ^ per cent of the property. For the increase of current expenditures a property increment tax, a stamp and a sugar tax were decided upon. The first of these three taxes was passed in the Reichstag against the opposition of the Right; the second and third against that of Social-Democrats. The Poles and Alsatians, objectors on principle voted against all three. The requirements for the Imperial budget, that J 11 * is, the estimates of the future income and ex- penditures of the Empire, are laid down in R. V., Article 69. This article says, in the first place, that the budget must be determined by law. It is, in other words, an administrative act passed in the form of an Imperial law. Article 69 also lays down that the budget must be made for a year. Since 1876, the fiscal year of the Empire has been fixed from the first of April to the thirty- first of March. The nature of the budget being that of a preliminary estimate, it must be fixed before the beginning of the fiscal year. Further- more, the budget, according to the Constitution, should as a rule be put into the form of one har- monious law. In fact, however, there are separate special budgets for unforeseen expenses or in case of an unavoidable change in the sources of income. The budget is naturally only a program which the administration follows without binding itself absolutely by it. The form of the budget law is not laid down by the Constitution, but has de- [ 144] THE FINANCES OF THE EMPIRE veloped by practice. It consists of an introduc- tion, the budget-law proper, and the budget itself. Logically, the budget itself is divided into two main portions: Expenditure and Income. The expenditures are divided into continuing and annual expenditures. The latter are desig- nated ordinary expenses, that is, those which are balanced by regular income; and extraordinary expenses, those which are balanced by the Im- perial financial property or loans. The Expend- iture is classified according to the secretariats and central administrative bureaus; the income, ac- cording to its sources. The income is counted as net income. In regard to the military budget a peculiar situation exists. According to the agreement of November 23, 1870, Bavaria's part is given as a lump sum while she has the right to determine the detailed military budget for herself. The protectorates, since 1892, have had their own budgets. According to practice, the Secretary of Fi- nance fixes the budget, in cooperation with his colleagues. It then goes to the Bundesrat, where it is discussed with the assistance of the Ministers of Finance of the several states. After the budget has been fixed by the Bundesrat, it is transmitted to the Reichstag. This body may criticize and amend it in its most important com- mittee, the Budget Committee, and in pleno. It is a principle clearly recognized by all German [145] GERMAN GOVERNMENT AND POLITICS students of constitutional law, that neither the Reichstag nor the Bundesrat has a right to refuse the expenditures necessary for carrying on the existing machinery of the state. New sources of income can be opened only with the consent of the Reichstag and Bundesrat. Their consent is also necessary for loans, issuing of Imperial notes, and any exchange of financial property. According to R. V., Article 72, the Chancellor Control o f the Empire must every year give an account finances to the Bundesrat and Reichstag of the use of the Imperial income. For this purpose an itemized statement of the financial transactions of all the departments is prepared at the end of every budget period. This statement is then audited by the most careful and thorough methods, by the Court of Control, the Rechnungs- hof. 1 This office can demand information from every administrative department, and appoint commissions of investigation. The examined statement, together with a memorandum, is then placed in the hands of the Bundesrat and the Reichstag, which refer it for detailed examination to their special committees. Thereupon follows the discharge of the Chancellor from further re- sponsibility. No provision has been made as yet for cases in which the legislative bodies might not be satisfied with the result of their investi- gations. 1 As given in the Reichsschuldenordnung of March 19, 1900. [I 4 6] THE FINANCES OF THE EMPIRE The supreme office for the supervision of the Imperial finances is the Reichsschatzamt, which Central was created as a secretariat under the Chancellor a uon in the year 1879. Besides this general central organ there are several independent Imperial finance offices. These are: 1. The Office for the Administration of the Debts of the Empire, or the Reichsschuldenver- waltung. This office, for its main business, is directly responsible to the Chancellor. For its less important business, it is subject to the super- vision of the Secretary of Finances. This office is also in charge of the issuing of the Reichskas- senscheine l and of the editing of the " Book for the Registration of the Imperial Debts" or the Reichsschuldbuch. 2. The Office for the Administration of the Fund of the Veterans of the Empire. 3. The Commission for the Imperial Debts, the Reichsschuldenkommission. This Commission, consisting of six representatives each of the Bundesrat and the Reichstag, and the President of the Rechnungshof, supervises the administra- tion of the Imperial debts, as well as that of the active finances of the Empire, the war treasure, and the veterans' funds. 4. The Court of Financial Control, or the Rechnungshof. This court audits all bills of the Empire. It has absolute independence of the administration. Its officers are appointed 1 See page 141. [147] GERMAN GOVERNMENT AND POLITICS for life and cannot be dismissed except for legal reasons. The collection and administration of the Im- perial revenues is left to the states, which are remunerated by the Empire for their services. The Empire exercises a general supervision over the state officers through Imperial commissioners, who belong to the Imperial Secretariat of Finances. SELECTED BIBLIOGRAPHY HOWARD, B. E. "The German Empire," Chap. XI (The Constitution and Imperial Finance). DAWSON, W. H. "The Evolution of Modern Germany," Chap. XX (The Price of Empire). BARKER, J. E. "Modern Germany," Chap. XXVI (The Fiscal Policy of Germany and its Results). [148] A CHAPTER XII THE ARMY S far as the military affairs of the German states are centralized, they are administered by the Prussian Ministry of War. The necessary Central harmony between the Empire and the privileged uon states is brought about in the "Committee for the Army and the Fortresses" of the Bundesrat. The Prussian Ministry of War is divided into the General War Department, the Department for the Administration of the Army, the Department of Provision and Justice, the Inspection of the Supply of Horses, and the Department of Medical Affairs. Under the central organization is also the Feldzeugmeisterei (Inspection General of Ord- nance), which has charge of the supervision and inspection of the technical institutions of the infantry, artillery and ammunition. The local administrative offices of the Ministry of War are the Intendanturen (Army Commissari- ats) of which each army-corps has one. Each Intendantur is subdivided for purposes of more detailed inspection into Divisions Intendanturen. There are also special local Ammunition, Archi- tectural, Garrison and Hospital Administrative offices. The military institutions of Prussia are the [149] GERMAN GOVERNMENT AND POLITICS basis for the organization of the German army. The One of the greatest weaknesses of the German izauon Confederation was the loose connection between the armed forces of the different states which formed the Confederation. The Constitution of the Empire did not entirely do away with the system of "contingent" armies; however, the har- mony and centralization are so great, that outside of Germany the army appears as one, and it might justly be called an Imperial army. The most important part of the army, the Prussian part, and also that of Alsace-Lorraine, is by the nature of the Empire in the same hands in which is the supreme administration of the whole army. A similar situation has been created by special mili- tary treaties with most of the German states. Individual contingents with special privileges are now possessed only by Bavaria, Wiirtemberg and Saxony. Articles 57-68 of the Constitution form the fun- damental basis for the organization of the whole army. The expenses for the maintenance of the army are paid by the Empire. The strength of the army is fixed by the Imperial legislative bodies for a certain period. All legislation in regard to military affairs is Imperial. The commander-in- chief of the army is the Kaiser. In time of peace he is somewhat restricted by special military trea- ties, but he has an unlimited authority during time of war. He has at any time the right of in- spection and may declare a state of siege, mobi- [150] THE ARMY lize the army, appoint the higher officers, and also the lower officers in all states except Bavaria, Wiirtemberg and Saxony. The Princes of the different states, as well, have the right of in- specting their own contingents. In Bavaria the Kaiser has in times of peace no other right than that of inspection. The Imperial Constitution gives a fixed num- ber of soldiers in time of peace, but since 1874 it has been periodically increased. In July, 1913, the peace strength of the army was, by Imperial law, raised to 661,478 common soldiers or privates, 105,535 non-commissioned officers, 37,553 officers and military officials of higher rank, and about 20,000 one-year volunteers. This brings the peace strength up to about I per cent of the popu- lation, which was originally the numerical basis for the army, 1 but which it has never had before. As soon as war breaks out, or is imminent, the army is increased by special mobilization ordered by the Kaiser. All means of communication are then placed at the disposition of the army. Germany is then in reality a "nation in arms." As the unit of the peace formation of the army, Prussia-Germany has adopted the army-corps, of which there are, in time of peace, twenty-five (also one guard-mount division). This organiza- tion originated in the revolutionary wars of France, and was developed by Napoleon I. Prussia per- fected it during the nineteenth century, and after 1 See R. V., Article 63. [151] GERMAN GOVERNMENT AND POLITICS the success of her armies in 1870-71 it was adopted universally in Europe. 1 A normal army-corps now consists, in time of peace, of (i) the Staff; (2) four brigades of in- fantry, two regiments of field artillery com- prising nine batteries of field guns, and three of field howitzers, seventy-two pieces altogether three squadrons of cavalry, one or two com- panies of pioneers, a bridge train, and one or two bearer companies; (3) technical corps troops, one battalion of sharp-shooters (Jager), telegraph troops, field hospitals, etc., one or two battalions of heavy field howitzers or mortars, and a machine- gun group. The total fighting strength of the army-corps is about 30,000 in time of war. There is only one permanent cavalry division in peace, that of the guard, and this is divided into brigades. A brigade consists of two or three regi- ments of the same type of arms. The regiments of the heavy artillery, train, pioneers and infantry are subdivided into battalions, those of the cavalry into squadrons, and those of the field artillery into batteries. The army bill of 1913 provided also for five aeroplane battalions, or seventeen com- panies. There were further twenty-four dirigibles in the army in 1913. 1 There is now a tendency, however, to regard the Division as the unit of modern armies. This dates back to the end of the nineteenth century, when in most armies, including the German, the largest part of the field artillery was detached from the army-corps and placed under special command. THE ARMY The strategy and tactics of the army are in the hands of a central General Staff, the Grosse Gen- eralstab. Besides this Great General Staff all the higher subdivisions have their General Staffs. Military service in Germany is compulsory and universal. The system is due to the reform Mmtar y of the year 1808 in Prussia. The original idea came from the revolutionary armies in France at the end of the eighteenth century, but Prussia systematized and perfected the idea, which later was adopted by all the other German states. Military service in Germany is an honor. Ex- cluded from it are therefore all those who have been convicted of crimes. The members of ruling families, and a few privileged classes of the highest nobility are exempt; also the candidates for priest- hood in the Roman Catholic church, and Heligo- landers who were born before August n, 1890. With these exceptions every able-bodied German is subject to military service from his seventeenth to his forty-fifth year. As a rule, the qualified German belongs to the standing army from his twentieth to his twenty-eighth year. During the first two years in the cavalry and field artillery three years he is permanently in service. The rest of the seven years he belongs to the reserve. During this time he is obliged to participate in two periods of military exercises, which lie two years apart, and must never amount to more than eight weeks. After the reserve-service follows the first Land- [153] GERMAN GOVERNMENT AND POLITICS , extending over a period of five years. Until March 31 of the year in which his thirty- ninth year is finished he belongs to the second Landwehr, and from then to the forty-fifth year to the Landsturm. All those troops which have done three years of permanent service belong only three years to the first Landwehr-service. The cavalry of the first Landwehr is not called upon for any service in times of peace; the other arms serve twice, from eight to fourteen days. Second landwehr and landsturm men are never called upon for actual service, except occasionally for- roll-call. Any qualified German who emigrates or at- tempts to escape military service by untrue state- ments or self-mutilation is subject to punishment. Besides these soldiers who do compulsory service there are "volunteers" who enlist at the age of eighteen for three years, or in the cavalry and field-artillery for four years. They are then made non-commissioned officers. At the end of a twelve-year service these non-commissioned officers are eligible for certain positions in the lower and middle civil service, and some appoint- ments in the railroad, postal, police and church service are reserved to former non-commis- sioned officers who have passed the examinations. In order to supply the officers of the reserve, especially for times of war, the system of one- year volunteers exists in Germany. These men serve only one year, have the choice of their regi- [154] THE ARMY ment, and pay for their own rations, equipment, and quarters. At the end of their service, they may be elected non-commissioned officers and later on officers of the reserve by the corps of officers of their regiment. The privilege of doing only one year of permanent service is enjoyed by those who graduate from the middle division of the higher schools, or who pass an examination equivalent to this graduation. In general this graduation or examination may be compared with graduation from a high-school in the United States. Besides these persons, all common-school teachers are entitled to the privilege of one-year service. Officers of the army enter as common soldiers after graduation from a higher school, special cadet schools, or after passage of a special exam- ination. After one year of service they are made second lieutenants, i.e., usually at the age of nineteen or twenty, and then they are pro- moted according to years of service and ability. Since the pay of an army officer is very low and his social obligations on the other hand are great, only sons of the wealthier class can afford to choose this career. The amount of salary and pension of commissioned and non-commissioned officers is laid down by law (July 15, 1909) as in the case of civil service officers. 1 All the members of the army and navy are subject to a special Military Criminal Law. The 1 See p. 1 19. [155] GERMAN GOVERNMENT AND POLITICS non-contentious jurisdiction is also separately reg- ulated for army and navy (Law of May 28, 1901), while with insignificant exceptions the civil law is the same for military and non-military people. J. E. Barker, in his widely read book, "Modern ^y Germany," explains the military nature of modern Germany ' , ,. r 1 J- needs a Germany from the history of its leading state, strong Prussia, which has given the whole Empire its character. "Prussia," he says, "like Rome, was founded by a band of needy and warlike adventurers. Both states were artificial crea- tions, both could maintain themselves only by force of arms and extend their frontiers only by wars of aggression." 1 According to our opinion, Mr. Barker's state- ment serves the purpose for which he has written his book, i.e., to show to the world the detestable, dangerous character of the German state. How- ever, from our knowledge of continental European history, we cannot agree with him. It would be difficult to find any sincere historian of Prus- sian history who would call the Hohenzollerns a "band of needy and warlike soldiers." The band of needy and warlike soldiers were the de- generated robber-knights, whom the Hohenzol- lerns forced to abandon their criminal life, thus restoring order out of the chaos in which the de- plorable country had lain. Prussia was no more an artificial creation than other countries. Was 1 See Barker, J. E., "Modern Germany," Chapter XIII. [I 5 6] THE ARMY not England created by the conquests of out- siders? Did not the colonists in the United States expel the Indians by force from their ter- ritory? As a matter of fact, hardly any state has come into existence without force. Prussia is not an exception. Neither does she differ from other states in the methods of extending her frontiers. What else than force did England mostly use to build up her tremendous colonial Empire? And Prussia did not always use the sword for the enlarging of her territory. Like other states, she acquired a part of it by family alliances and treaties of succession. To be sure, she frequently had to draw the sword in order to guard her rights in this respect. The third part of Mr. Barker's statement, however, is true. Prussia-Germany, like any other nation, and more than they, could main- tain herself only by force of arms. Several times Germany has had sad experiences which have taught her sound lessons in military prepar- edness. Her military weakness and geograph- ical situation made her the battle-ground for all Europe. The experiences of the horrible Thirty Years* War especially, led the Great Elector to the creation of a standing army in Brandenburg- Prussia, the basis for Germany's future army. If Prussia earlier had had the army which she possessed at the death of the Great Elector, she would not have had suffered so terribly in the Thirty Years' War. And on the other hand, [157] GERMAN GOVERNMENT AND POLITICS without this army increased and superbly trained by Frederick William I, his great son, Frederick II, would have suffered defeat and diminution of territory by the united powers of continental Europe. Germany is unfortunately situated in the middle of Europe, surrounded by partly unfriendly na- tions. Its frontiers are 4,570 miles in extent. Only the northern and southeastern borders are protected by nature, i.e., by the ocean and high mountains. The most dangerous border lines in the east and west are entirely unprotected. Purely for defensive purposes Germany needs a strong army. But Germany is no longer satisfied merely to exist. She has become a great European power, a world power. The time has passed when the Germans were nothing but a people of thinkers and poets, when therefore their territory was the air; when 'other nations admired the Germans and at the same time smilingly took possession of the earth. Germany now demands a place in the sun for her millions of industrious, hard- working people; she demands an open door in foreign countries for her prosperous industry and commerce. Her diplomacy cannot restrict itself for the future purely to defense. It must watch events in the whole world and be able to speak a strong word whenever her interests are endan- gered. But every word in diplomacy which can- not be realized, if necessary, is a ridiculous joke. [158] THE ARMY A strong army is the back-bone of any efficient diplomacy. Modern Germany, with the greatest army in the world, has been the most peaceful country in the world. Since the birth of the Empire up to the present war, she had never experienced a war. But less than any other state can Germany permit herself the dangerous luxury of playing with anti-militarism and ideas of eternal peace while other countries are armed. Germany needs a strong army for her proper defense and safe- guard and for her maintenance as a leading nation of the world. SELECTED BIBLIOGRAPHY HOWARD, B. E. "The German Empire," Chap. XII (The Armed Forces of the Empire). VERITAS. "The German Empire of Today," Chapter IV (The Army and Navy). BARKER, J. E. "Modern Germany," Chapter XIII (The Army and Navy of Germany). [159] CHAPTER XIII THE NAVY OF THE EMPIRE T HE navy of Germany is unlike her army, being wholly a unified Imperial institution. Central j n p eace an( j war tne Kaiser is the commander- tion in-chief. He alone has the right of inspection and of appointment to office. 1 After the foundation of the German Empire, in 1871, Lieutenant-General von Stoch was made commanding admiral. In 1883 he was succeeded by Lieutenant-General von Caprivi. In 1889 the highest command of the navy was for the first time given to a naval officer, Admiral Count Monts. In 1889 the Kaiser himself assumed the highest command of the navy. Under him are: the chief of the general staff of the navy; the chiefs of the two naval stations, Baltic and North Sea; the chiefs of the different squadrons; and the inspector of the training department. The central office for the administration of the navy is the Reichsmarineamt or Imperial Naval Office. At the head is a Secretary of State, who is responsible to the Chancellor, although in reality he enjoys a great amount of independence. This seems to be due to the personality and 1 Cf. R. V., Article 53. [160] THE NAVY talent of the present Secretary, Grand-Admiral von Tirpitz, who was appointed Secretary of State for the Navy in 1897, and has since then been permanently in office, enjoying the highest confidence of the Kaiser, the Reichstag and the German people. Under the direct supervision of the Naval Office are the three Imperial docks of Danzig, Kiel and Wilhelmshafen, the artillery and torpedo depots, the provision stations at Kiel and Wil- helmshafen, the sanitation offices, the observa- tories in Hamburg, Wilhelmshafen, and Kiel, the judicial department, the chaplains, and the government of Kiao-chau in Asia. 1 In the spring of 1914 the German navy consisted of thirty-three battleships, thirteen large or armored cruisers, thirty-nine small cruisers, seventy small and one hundred and forty-nine large torpedo boats, twenty-eight submarine boats, six armored coast defenders, eleven gunboats, three small gunboats, thirteen training vessels, and thirteen vessels for special purposes. The main naval centers of Germany are Kiel, Wilhelmshafen, and Heligoland. Those of Danzig, Swinemiinde and Liibeck are of little impor- tance. Besides the government docks mentioned before, there are private docks in Danzig, Stet- 1 We find an analogy to the administration of a dependency by the Naval Office in the American dependencies of Tutuila and Guam, which are administered by the navy. [161] GERMAN GOVERNMENT AND POLITICS tin, Hamburg, Kiel and Bremen. These employ three times as many workingmen as the govern- ment yards. The navy is recruited like the army, the sea- faring class being compelled to serve in the navy. There are three years of active service, four years in the first reserve and five years in the second reserve. Volunteers are accepted as in the army, but men without previous sea experience must enlist for at least four years. Aspirants for the career of naval officer usually graduate from a higher school of learning, serve one year as cadets and two and a half years as ensigns before they are promoted to lieutenant. Promotion follows the passage of rigid examinations. In all other regards the conditions in the navy are analogous to those of the army. When the German government began to up- ^y build her navy the general idea met with corn- needs an paratively little opposition in the Reichstag. Such adequate opposition as there was has gradually decreased with the growth of the Empire as a world power, the enlightenment of the general public by the government and the Navy Society, and the clever parliamentary tactics displayed by the naval de- partment in handling the question. Naturally, Germany found the bitterest oppo- sition abroad and especially in Great Britain, who saw her absolute rule of the ocean endangered by the rapid development of the German navy. She was afraid that Germany would in a short time [162] THE NAVY be a most dangerous rival. And she' was right, for Germany takes now the second place as a naval power. That there are a few over-ambiti- ous Germans who would like to see their father- land have the strongest navy, as she posseses the strongest army, cannot be denied. But the ma- jority of the German people, the intellectual and political leaders, have always denied that they are striving for the hegemony of the ocean. The responsible representatives of the German gov- ernment have again and again declared in the Reichstag that Germany does not care to outdo England in her armaments on the sea, that she is only building up an adequate navy for the main- tenance of the German nation as a factor in the politics of the world. The passage in the preamble of the first great navy bill (1900) which alarmed British opinion, "Germany's naval strength should be such, that even the greatest sea power must hesitate to attack Germany unless she is willing to risk her whole position as a Great Power," is, if correctly analyzed, the statement of a defensive policy. But from this purely defensive instrument the German navy developed naturally to an organ with much broader aims. On July 3, 1900, the German Kaiser gave the keynote for Germany's necessity of building a strong navy when he said: "The wave-beat knocks powerfully at our national gates, and calls us as a great nation to maintain our place [163] GERMAN GOVERNMENT AND POLITICS in the world in other words, to follow world- policy. The ocean is indispensable for Germany's greatness, but the ocean also reminds us that neither on it nor across it in the distance can any great decision be again consummated with- out Germany and the German Kaiser." " World power and sea power are complementary; the one cannot exist without the other." Another important reason for the construction of the navy is the tremendous growth of industry and commerce of the German Empire since its foundation. A few figures will make this prog- ress clear. In 1870 the capital of iron shipbuild- ing yards was 4,800,0x20 marks; in the year 1910 it had reached 105,890,000 marks. Since the foundation of the Empire the merchant marine has increased about thirty fold. While in the seventies the German merchant ships were second rate vessels, they are today the largest and best of steamers afloat. The shipping of the Empire has increased from seven billions of marks in 1900 to thirteen in 1912, while its land commerce has increased from about three and three quarters to six and a half billions of marks. Imports amounted in 1900 to 6,043.0 million marks, in 1912 to 10,691.4 million marks. Exports were represented in 1900 by 4,752.6 million marks, in 1912 by 8,956.8 million marks. German industry and commerce represent an enormous investment. Every sensible merchant insures his business in proportion to its value. [164] THE NAVY The expenses for the Imperial navy are like the premium of an insurance policy. The govern- ment and the people of Germany act like cautious merchants spending a large amount of money for their insurance, i.e., the battle fleet. Still other reasons compel Germany to keep up a strong navy. No country aside from Great Britain has so many of her subjects living in all parts of the world. Whenever in former times they were in distress and danger, they were with- out the help and assistance of their government. Without a fleet the Empire was nearly powerless, and robber governments, of the type of Haiti, could commit theft and crimes against German citizens without being punished. A great state like Germany owes it to its authority, prestige and interests that its citizens be protected in any part of the world where they carry on their business in a legitimate way. Finally, Germany needs an adequate navy because of her colonial possessions. Colonies without a navy are an impossibility, as history has often proved. The Germans learned this from their own earliest colonial experiences in Venezuela and Africa. Without a fleet they would lose their colonies immediately in case of war with any naval power. As small as the German fleet was until a few years ago, it helped considerably in gaining and holding the German colonies acquired in the eighties. Speed is one of the fundamental requirements in [165] GERMAN GOVERNMENT AND POLITICS the suppression of a revolt of natives. Natu- rally the navy renders the quickest service in such cases. SELECTED BIBLIOGRAPHY KURD, A. and CASTLE, A. " The German Sea Power: Its Rise, Progress and Economic Basis." BARKER, J. E. "Modern Germany," Chapters XIII-XV. VERITAS, "The German Empire of Today," Chapter IV (The Army and Navy). HOWARD, B. E. "The German Empire," Chapter XII (The Armed Forces of the Empire). [166] CHAPTER XIV RAILROADS, CANALS, POSTS AND TELEGRAPHS ONE of the main reasons for the economic prosperity of the German Empire is its excellent traffic policy, which is another example of the thoroughness, efficiency and far-sighted- ness of the German government. When the North German Federation was founded, the several states had governmental Rallr d < authority over all the railroads in their territory. The Constitution of the Federation and of its successor, the Empire, did not deprive them of these rights. 1 The Constitution of the Empire, Article 4, Sec- tion 8, recognized the competence of the Union to legislate and exercise general supervision with regard to railroads, but as yet no general Im- perial law has been passed under this section. However, for military reasons and to improve general traffic conditions greater harmony has been brought about between the administration of railroads in the several states. Until an Im- 1 For this reason the very interesting investigation of the result of government ownership of railroads in the German states will be discussed in a subsequent volume in this series on the government of the several German states. [I6 7 ] GERMAN GOVERNMENT AND POLITICS perial law is passed, the provisions of Articles 41-47 of the Constitution create a temporary organization of the railroads of the Empire. These provisions require the individual states to exercise their rights in a uniform way. The Empire has for military purposes the right to build railroads in any state and to connect Im- perial railroads with those of the states. The control of the railroad rates is exercised by the Bundesrat. 1 It has also the right to issue ordi- nances regulating the detailed administration of railroads. For the enforcement of the rules laid down in the Constitution, and of the admin- istrative ordinances of the Bundesrat, the Reichsei- senbahnamt (Imperial Railroad Office) was created in 1873.* Some railroads in Alsace-Lorraine and in Luxemberg are owned by the Empire. These have their central organization in the Reichsamt fur die Verwaltung der Reichseisenbahnen (Im- perial Office for the Administration of Imperial Railroads). The head of this office is the Prus- sian Minister of Public Works. Under him, in Alsace-Lorraine, is a general office of the Imperial railroads, with its seat in Strassburg. 1 The Bundesrat has regulated railroad rates by an ordinance, the Verkehrs-Ordnung fur die Eisenbahnen Deutsch- lands, November 15, 1892. 1 The functions of this office and that of the Bundesrat in this connection may be well compared with those of railroad commissions in the United States of America. [168] RAILROADS, POSTS AND TELEGRAPHS An idea of the recent development of German railroads is given by the following statistics: 1 Railways of Standard Gauge in Germany 1885 1911 in per cent Length of railways in km ?7,IQO co.76'1 607 Capital invested (million mks.) .... 9,722 17,833 834 Gross receipts (million mks.) 007 -5,271 218 o Goods carried (in million ton km.) . 16,600 61,870 272.7 Persons carried I km. (in millions) 7.932 37,855 377.1 Comparative Railway Development (A) Length of Railways in Operation in km. 1890 1911 Per cent of increase I. Germany 4.2,860 6i,Q'?6 4.2.6 2. England 32.2Q7 ? 7,64.0 16.4. 3. United States. . . . 268,409 396,860 44.6 (B) Length of Railways per 100 sq. km. of area 1890 1911 I. Germany 7-0 II.4 2. England 10.3 I2.O 3. United States 3-o 4-3 1 Taken from K. Helfferich, "Germany's Economic Progress and National Wealth, 1888-1913," pp. 70-71. [169] GERMAN GOVERNMENT AND POLITICS Of the total length of German railways in 1913, only 2,926 km. were privately owned. The importance of natural and artificial water- Inlan(1 ways as a means of cheap transportation, espe- ways cially for bulky goods, such as coal, wood, grain, and etc., had been early recognized by the govern- ments of some German states, especially Branden- burg-Prussia, but the development which has given Germany a prominent place in this regard, occurred in the modern German Empire. Almost all the large rivers of Germany run from south to north, and a connection of them east and west by waterway had to be effected by means of ca- nals. Frederick William, the Great Elector, built the first canal, named after him, which connected the Oder with the Spree, and by doing this had splendid success in diverting considerable trade from Stettin, at that time a Swedish possession. Frederick the Great had the Havel-Elbe (Plau- ensche) Canal, the Havel-Oder (Finow) Canal, and the Elbe-Oder-Weichsel (Bromberg) Canal built, altogether 180 km. of waterway. After the con- struction of railroads began, the waterways were for a long time neglected as useless and antiquated. It was not until after the foundation of the North German Federation that interest in river regulation and canals was reawakened. Between 1890 and 1900 four important canals were built, and in spite of the opposition of the influential Agrarian Party the system of canals was steadily developed. At the present time the Rhine is al- [170] RAILROADS, POSTS AND TELEGRAPHS most completely joined with the Oder, thus con- necting the eastern regions of Prussia with the North Sea and world-commerce. The greatest project, which is now almost carried out, is the Midland Canal, a connection of the Rhine, Weser and Elbe. It runs from Ruhrort to Dortmund, where it is taken up by the Dortmund-Ems Canal, reaches the Weser at Minden, crosses the river Leine at Hanover and empties into the Elbe near Magdeburg. This great canal is of the utmost importance for the distribution of coal from Ger- many's largest coal field to the industrial centers and the North Sea. The diverting of commerce from Holland and directing it to German sea-ports, which had been hoped for with the construction of the Dortmund-Ems Canal, has not been accom- plished, since it cannot be used by the larger Rhine vessels. Some other canals of importance are the Elbe-Trave Canal, which connects Liibeck with the Elbe; the Oberlandische Canal, a waterway connecting the large East Prussian lakes with the Baltic Sea; the Klodnitz Canal, connecting the Silesian industrial center with the Oder and indirectly with Berlin; and the Saar Canal, connecting the coal mines of the Saar with the Moselle. The most important of all German canals how- ever is the Kaiser Wilhelm or North-East-Sea Canal. It begins at Brunsbiittel, north of the GERMAN GOVERNMENT AND POLITICS mouth of the Elbe, flows through Holstein and ends in the bay of Kiel, thus connecting the Baltic and North Seas and avoiding the long and danger- ous trip around the peninsula of Jutland. Its length is 61 miles; it can be used by the greatest ships and is wide enough for two large ships to pass. This canal is of the utmost importance for military purposes. It goes without saying that the ends of the canal are strongly fortified. Within sixteen hours the German men-of-war can be transferred from Kiel to the bay of Heligo- land. If the German navy chooses, it can in case of war select a perfectly safe location in the Baltic Sea. The Kiel Canal actually saves Ger- many a fleet of battleships. The oldest projects of digging a canal through Holstein go back to the fourteenth century. The construction of the present canal was decided upon by the Bundesrat and Reichstag in 1886. In 1895 the canal was opened by Kaiser William II and named after his grandfather. In the year 1914 an enlargement and improvement of the canal was completed, making it passable by the modern type of dreadnought. In relation to waterways, we should recall the great amount of work and money spent by the German government to regulate rivers in order to make them useful for navigation. Mr. Barker, is right when he says: "If it were not for the ex- istence of the German waterways, the German RAILROADS, POSTS AND TELEGRAPHS industries would certainly not be in the flourish- ing condition in which they are." 1 The first systematic organization of the postal service in Germany was that of the counts of The Turn and Taxis, who received the exclusive and po^ ' heriditary privilege of postal delivery for the * ele 8*api Holy Roman Empire in the year 1615. Very telephone gradually, in the course of centuries, private servlce postal service came under state control. The Constitution of the German Empire estab- lished complete Imperial ownership of posts, telegraphs and telephones (Articles 4, 10 and Article 48), except for Bavaria and Wiirtem- berg. The supreme head of the postal service is the Kaiser. He issues ordinances and in- structions regulating the administration of posts, telegraphs and telephones without interference of the Bundesrat) makes treaties with other states concerning postal affairs, 2 and appoints all higher and supervising officers. Subordinate officers may be appointed by the rulers of the states in which their service is rendered. As a matter of fact very few states exercise these rights, most of them having ceded their privileges to the Kaiser. All officers of the postal service are 1 Barker, J. E., "Modern Germany," p. 420. Americans would do well to investigate the canal question of Germany more thoroughly, as great tasks are waiting for them in this field. 2 E.g., the treaties in regard to the "International Postal Union," which was founded at the suggestion of the first German Postmaster-General, Stephan. [173] GERMAN GOVERNMENT AND POLITICS subject to the Imperial civil service law. The income and expenditure on account of the postal service belong to the Empire, except in Bavaria and Wiirtemberg. These states have also the privilege, within certain limitations, of making special postal treaties with all their neighbor- states. The post, telegraph and telephone services of the German Empire rest upon the following gen- eral principles. They are conducted primarily for the common public welfare, only secondarily for profit. Offices must therefore be established in any case of need, regardless of the finan- cial return. Everybody is equally entitled to their use. The same rules, the same tariff exist for all. The officers, subject to severe penalties, are obliged to maintain the so-called " secrecy of letters and telegrams." Corresponding to these duties the postal department is entitled to certain privileges. The state has an absolute monopoly in the mail service of sealed letters and political papers, published more than once a week. Open letters and packages may be forwarded by private persons or corporations. The state has also, with a few important exceptions, a monopoly of telegraphs and telephones. A special Imperial law of 1875 regulates the services which the railroads perform for the post, as time tables, offices in railway stations, free transportation of all mail and the officers acom- panying it, etc. In case of disputes between the [174] RAILROADS, POSTS AND TELEGRAPHS postal service and the railroads the Bundesrat has the first and final decision. The business of the post includes the trans- portation of letters, cards, printed matter, mer- chandise and small packages, the issue of money orders, checks and discounts, and, in some remote parts, the transportation of persons. The fees for the service of postal, telegraph and telephone institutions are fixed by Imperial law, regulations of the Chancellor with the consent of the Bundes- rat, or by international treaties. The central organization of the post, telegraph and telephone service in Germany is the Imperial Post Office, the Reichspostamt, at the head of which is a Secretary of State. Under this central office there are forty-one supervising local offices, the Oberpostdirektionen, and a large number of dif- ferent types of lower post offices. SELECTED BIBLIOGRAPHY BARKER, J. E. "Modern Germany," Chapter XVII (Water- ways and Canals); Chapter XVIII (The Railroads and Railway Policy of Germany). VERITAS, "The German Empire of Today," Chapter VI (Traffic Policy). DAWSON, W. H. "The Evolution of Modern Germany," Chapter XI (Railways and Canals). [175] A CHAPTER XV THE GOVERNMENT OF ALSACE-LORRAINE GAIN and again we hear and read that Germany deprived France of truly French History, territory and population when she took Alsace territory r T r U and and a part ot Lorraine away rrom her in 1871. popuia- This statement demands careful examination. tion Since the division of Charlemagne's great Empire, i.e., since 843, these provinces belonged to the Holy Roman Empire. They were inhabited by German people and their civilization was Ger- manic. As a consequence of the Thirty Years' War the dismembered and completely powerless German Empire was forced to deliver the larger part of these provinces to France. Strassburg and its environment was seized by Louis XIV in 1 68 1 in the midst of peace. Thus Alsace and Lorraine were lost through the internal weakness and military unpreparedness of the Holy Roman Empire. For more than a hundred years the annexed provinces, especially Alsace, remained completely German in civilization, language and general character. When the great wave of revolutionary enthusiasm, social, economic and political, swept all over France and western Ger- many, the inhabitants of Alsace-Lorraine began [176] GOVERNMENT OF ALSACE-LORRAINE to become attached to the political spirit of France, as indeed did all southern Germany. More and more they were alienated from their original mother-country, but only politically. Essentially, in their character and soul, they re- mained Germanic. Germany had never forgotten her claims to these provinces, but not until 1871 could they be realized. Then Lorraine had be- come so impressed by French influence that Bismarck, who was above all a nationalist in his policy, hesitated to retake Lorraine from France. However, he was finally persuaded by Moltke, who insisted on taking the strong fortress of Metz, which, as he said, would save the new Empire 100,000 soldiers. The territory ceded by France as fixed by the preliminary peace-treaty of Ver- sailles consisted of 145,112,614 square kilometers. By special agreement, all French subjects living in the reconquered provinces had until October i, 1872, the choice of emigration and renouncing their German citizenship. Some of the inhabi- tants took advantage of this option, but most remained, although their sympathies were in the majority at that time with France. From 1875 to 1895 the increase of the population in Alsace- Lorraine was 18.4 per cent, that of France only 6.4 per cent. There was no conspicuous emigra- tion to foreign countries after the seventies. The progress of the two provinces, materially as well as intellectually, went hand in hand with that of the Empire. Slowly but steadily the German [ 177] GERMAN GOVERNMENT AND POLITICS population belonging to the Alemannian tribe, was again feeling itself to be German. 1 The strongest opposition is directed against Prussian bureaucracy, discipline and so-called militarism. But we must remember that this opposition is also found to a great extent in south- ern Germany. The Zabern affair, greatly exag- gerated by the French and foreign press, was an isolated incident. When we consider that it took France a hundred years to see the first success of her Gallicizing policy and two hundred years to secure the sympathy of the large majority of the population, the German government may be well satisfied with the success of its work of forty years. During the Franco-German war, Alsace-Lor- Deveiop- rame was ruled by a military governor. On mentto T . i i T -11 1911 June 9, 1871, it was united by an Imperial law with the Empire as one of her provinces. From that time until June 25, 1873, it was governed by the Chancellor and a committee of the Bundes- rat and an Oberprdsident, entirely as an adminis- trative domain of the Empire. The first step toward self-government in Alsace-Lorraine was taken May 2, 1877, when a special legislative body, the Landesausschuss, was created. The next step toward a more extensive self- government and autonomy was made July 4, 1 In 1910 the population speaking German numbered 1,634,260; French 204,262. [178] GOVERNMENT OF ALSACE-LORRAINE 1879.* According to this new arrangement Al- sace-Lorraine continued to be an Imperial prov- ince, or Reichsland. A Statlhalter (Governor) was appointed by the Kaiser as the head of the gov- ernment, and was entirely independent of the Chancellor. The Statthalter was thus the personal representative of the Kaiser, and directly respon- sible to him. He was assisted by a Ministry, Landesministerium, with a Secretary of State, the Staatssekretdr, at its head, all appointed by the Statthalter. In addition, a Council of State (Staatsrat), served as an advisory body. It con- sisted of the Statthalter as presiding officer, the Secretary of State, the Under-Secretaries, the President of the Oberlandesgericht, the Attorney General, and eight to twelve members appointed by the Kaiser for three years, of whom three were nominated by the Landesausschuss. The Landesausschuss or legislative body consisted of fifty-eight members, elected by indirect vote, thirty-four from the Assemblies of the Districts, 2 twenty from the Assemblies of the Country Circles, 2 four from the cities of Strassburg, Miihl- hausen, Metz and Colmar. Laws for Alsace- Lorraine were passed either in the same manner as laws for the whole Empire or by the Bundesrat and Landesausschuss with the sanction of the Kaiser and countersigned by the Statthalter, not 1 The "Reichs-Gesetz betreffend die Verfassung und Verwaltung Elsass-Lothringens." 2 Subdivisions for purposes of local government. [179] GERMAN GOVERNMENT AND POLITICS the Chancellor. They were required to be pub- lished in a special official paper for Alsace-Lor- raine, the "Gesetzblatt fur Elsass-Lothringen." The desire of the people of Alsace-Lorraine is to become a state like the other twenty-five status states of the Union. They desire the same rights as the other German citizens. The government has feared undue French influence and hesi- tated to grant further self-government. Re- cently, however, it was led to think that the moment for further development toward state- hood had come, although it still objected to absolute autonomy. The proposals of the gov- ernment, introduced December 17, 1911, were referred by the Reichstag to a special committee. The propositions of this committee the govern- ment declined to assume, since they gave Al- sace-Lorraine too much power. On May 19 a compromise was presented to the Reichstag, and passed a week later. According to this plan Alsace-Lorraine is still, in spite of the declaration of the statute, a province of the Empire. The Governorship remains as it was. The Governor instructs the three members of the Bundesrat who were given to Alsace- Lorraine, and since he depends on the Kaiser, the latter really controls them. Their votes are not counted in favor of Prussia unless Prussia could obtain a majority without such votes, and are not to be counted upon proposals of amendments to the Constitution. [180] GOVERNMENT OF ALSACE-LORRAINE Laws for Alsace-Lorraine are to be made by a Landtag, consisting of two houses. The upper house is composed of thirty-six members, one half nominated by the Bundesrat and appointed by the Kaiser; others are members by virtue of holding certain offices; eleven are elected by the municipal, commercial and industrial bodies. The term of office is five years. The lower house has sixty members elected for five years by secret ballot, based on universal suffrage. The rules and regulations for the lower chamber as well as the position of its members are modeled after those of the Reichstag. Laws for Alsace-Lorraine are made by these two chambers and sanctioned by the Kaiser, who has an absolute veto. For the purpose of local government, Alsace- Lorraine is divided into three Districts: Unter- elsass, Oberelsass and Lothringen. These are subdivided into circles and communes. The canton, a subdivision of the circle, is of little meaning. It serves especially as a notariate district. The recent change of the government in Alsace- Lorraine is certainly a great step toward abso- lute statehood. Doubtless, as has been officially expressed, it is not the end of such a development. It is the desire of the German people as a whole, and of the government, to give Alsace-Lorraine full statehood; the only difference consists in the speed with which it should be done. In opposi- tion to the Center and Left the Conservative [181] GERMAN GOVERNMENT AND POLITICS groups and National-Liberals, as well as the government, are in favor of a slow organic devel- opment, especially as long as there still exists an influential French party, not yet reconciled to the conditions created by the peace of 1871. The greatest difficulty is with regard to the form of government Alsace-Loraine should have. Gen- eral harmony requires, especially as a border state against the Republic of France, that it should be made a monarchy, with a strong patriotic monarchical house. But who should be the monarch? The moment must be waited for patiently when an opportunity shall offer to solve the problem. SELECTED BIBLIOGRAPHY HOWARD, B. E. "The German Empire," Chapter X (Alsace- Lorraine and its Relation to the Empire). JORDAN, D. S. "Alsace-Lorraine: A Study in Conquest." [182] CHAPTER XVI THE JUDICIAL SYSTEM OF THE GERMAN EMPIRE UP to January I, 1900, there existed in The civil Germany an antiquated and confused c situation in regard to the civil law. In Prussia three different civil codes were in force: the Allgemeine Landrecht of 1794 in the old Prussian territories of 1815, the Gemeine Deutsche Recht, a mixture of Roman, Germanic and canon law; elsewhere and in the territory west of the Rhine the French Civil Code (Code Napoleon). Baden had her Landrecht, derived mainly from the French Civil Code; the Kingdom of Saxony its own code of 1863; Schleswig-Hol- stein the Danish law of Christian V of 1863. A small portion of Bavaria was under the Aus- trian Code of 1811; while the largest single terri- tory, i.e., central Germany, was under the Roman law as received in the middle ages. All these laws were modified by local custom, so that different law was administered in the same political jurisdiction and even in the same city. Long before the foundation of the new German Empire this confusion had awakened desires for unity and reform, but before the political union [183] GERMAN GOVERNMENT AND POLITICS of Germany no attempt had succeeded. The history of the German Civil Code is the history of German political unity. The movement for legal unity began imme- diately after the Napoleonic wars. In the year 1814 a German professor of jurisprudence, Thi- baut, wrote: "I am of the opinion, that our law . . . needs a complete and quick change, and that the Germans cannot be content in their civil relations unless all German governments try to bring into effect with united strength the publication of a code for all Germany." Thibaut, the patriotic politician, was opposed by the famous founder of the historical school of law, Savigny, who denied the necessity as well as the possibility of creating a common code for Germany at that time. He expected a unity of law to result from the very gradual organic development of the science of jurisprudence. The universities were, in his opinion, the force that would eventually produce a common Ger- man law. The German Confederation did not pay any attention to Thibaut's suggestions and was hardly in an appropriate state to take up the unification of the German law since it had no general legislative power, 1 but how deeply the 1 The project for an Imperial Constitution of 1849 pro- vided in Article XIII, Section 59, for a common code in civil and criminal law and procedure, in bills of exchange and commercial law. [l8 4 ] JUDICIAL SYSTEM OF THE EMPIRE necessity for a common law of Germany was felt, can be seen by the repeated attempts to create common codes even under these imperfect con- ditions. In fact two attempts .led to practical results. In 1847 a Code on Bills of Exchange, and in 1859 a Commercial Code, went into effect for the whole Confederation. The draft of a Code of Contracts, prepared without the par- ticipation of Prussia, was never enacted, since the Austro- Prussian war of 1866 broke out on the very day it was finished. The idea of a common German law had now gained a number of warm friends, and under the North German Federation codification was extended to criminal law and legal procedure. In the year 1873 a bill, introduced by deputy Lasker in the Reichstag, was passed to amend the Constitution so as to include within the com- petence of the Empire the whole civil law. The Bundesrat then appointed a preliminary code commission of five prominent practical jurists and later a general commission of eleven mem- bers who were leading professors of jurisprudence and judges, specialists in the different law sys- tems of that time. The drafting of the different parts of the Civil Code was given to five mem- bers as redactors. After seven years of indi- vidual work the commission came together and discussed the drafts. In the year 1887 the project was transmitted to the Chancellor and published by him in 1888, together with a summary of the [185] GERMAN GOVERNMENT AND POLITICS existing situation and reasons for the changes recommended by the commission. The purpose of this publication was to pro- cure suggestions and criticisms from all sources. Indeed the literature produced was most exten- sive. The strongest opposition came from the Germanistic school led by the distinguished Professor Gierke of Berlin, who wished a fuller recognition of German customary law. As a result of those criticisms, a new commission of twenty-two members, representing all interests in the Empire, was appointed. Each draft of the Code was published and after the criticism of the public, thoroughly revised by the second commission. In January, 1895, the draft of the Code and the Introductory Law were completed and placed on the table of the Reichstag. Here the project, after the first reading, was transmitted to a com- mittee of twenty-one members from the differ- ent parties. In June the committee reported to the House. July i, 1896, the bill was passed by a very large majority with only one amend- ment. The Bundesrat adopted the Code (Biir- gerliches Gesetzbuch, officially abbreviated B. G. B.) on July 4, and it was published on August 18, 1 896. It went into effect January 1 , 1 900, together with an Introductory Law, Law of Judicial Organization and Law of Civil Procedure. The making of the German Civil Code is per- haps the most remarkable example of brilliant, [186] JUDICIAL SYSTEM OF THE EMPIRE thorough, constructive legislation rendered possi- ble by the idealism of the mass of the German people and by their patience and confidence in their jurists. It was the work of aristocrats in education guided by the public opinion of their fatherland. It offers, as an English writer ob- serves, 1 a standing object-lesson to all states that are looking forward to a scheme of codification, and the Germans may well be proud of the labors which for twenty-two years were devoted to its consideration. The German Civil Code is generally recognized ^ l " t by foreign jurists as a masterpiece in jurispru- code dence if not as the greatest code since Justinian. Thus Professor Maitland, the emiment English jurist, says: 2 "The German people have brought that law (i.e., the Civil Code) up to date, and are facing modern times with modern ideas, modern machinery, modern weapons." "It is the most carefully considered statement of a nation's laws that the world has ever seen." 3 And E. M. Borchard, an American specialist on German law, uses the following words: "German codi- fication truly exemplifies a power of legal expres- sion with which Bryce credits the Roman jurists the power of so framing general rules as to 1 A. P. Higgins, "The Making of the German Civil Code." 2 "Independent Review," 1906, p. 219. 3 Maitland in the introduction to his translation of Gierke's "Political Theories of the Middle Ages." GERMAN GOVERNMENT AND POLITICS make them the expression of legal principles, and of working out these rules into their details so as to keep the details in harmony with the principles." * The 2,385 paragraphs of the Code are grouped into five books, of which the first (Allgemeiner Teil, 1-240) contains general principles while the second book deals with the "law of obli- gations" (Recht der Schuldverh'dltnisse, 241-304), the third with the "law of things" (Sachen- recht, 854-1,296), the fourth with the "family law" (Familienrecht, 1,297-1,921), the fifth with the "law of inheritance" (Erbrecht, 1,922- 2,385). This classification, peculiar as it might seem to Anglo-Saxon jurists, 2 is based upon the ar- rangement of the older German systematic trea- tises on the Germanized Roman law and was therefore familiar to the German lawyers and judges. In order to harmonize state law with the Imperial civil law, to make transitory provisions and to regulate the matters left to the legislation of the several states, these states passed Ausjub- rungsgesetze or " Executive Acts to the Civil Code." Criminal When the German Civil Code went into effect Uw- a unified criminal law had already been secured 1 E. M. Borchard, " Guide to the Law and Legal Liter- ature of Germany." 2 See E. J. Schuster, "The Principles of German Civil Law." [188] JUDICIAL SYSTEM OF THE EMPIRE which dates from May 31, 1870. Since that time legislation of the several states in the con- trol of crime has been restricted to violations of regulations concerning taxes, fishing, hunting, forestry and mining. The Criminal Code of the German Empire 1 is divided into two parts, one containing the general principles and the other the particular punishable crimes. Subject to punishment under this criminal law are all persons, citizens and foreigners living in Germany. German citizens may be punished also for certain crimes committed abroad, e.g., treason, crimes of laesae majestatis, and crimes committed in official service. Only the completed act is punished to the full extent. An attempted crime is punished, but more mildly. Partners and instigators of a crime are punished as fully as the one who com- mitted the crime. Those who assisted receive a milder punishment. Persons who are insane, or who act in self- defense, or children up to twelve years are not punished. The latter, however, are subject to a special corrective education under official su- pervision. Youthful criminals between twelve and eighteen years are punished very mildly, and their cases are now usually brought before 1 It might be mentioned that a new criminal code is being prepared, but that its preparation will probably con- tinue for several years. [l8 9 ] GERMAN GOVERNMENT AND POLITICS a special court similar to the American juve- nile courts. The public prosecutors are obliged to bring before a court every criminal offender of whom they have evidence, except in a few cases of minor crimes, where the direct interest of the state is not involved. In these instances the prosecutor takes a case up only if it is brought before the court by the party concerned. A crime cannot be punished if a certain time has elapsed since it was committed. Unimpor- tant torts come under the statute of limitation after three months, severer crimes after three to twenty years. Criminal acts are divided into three classes: Ferbrechen or felonies, Fergehen or misdemeanors and Ubertretungen or trespasses. A felony is an act punishable by death or service in penitentiary or fortress for more than five years. A misde- meanor is punishable by fortress imprisonment for less than five years, by prison or fine of more than 150 marks. A trespass is punishable by arrest or fine of less than 150 marks. Capital punishment is executed by decapitation. Thus are punished deliberate murderers, those who attempt to murder the Kaiser or their own sovereign, those who use dynamite with intent to kill, and slavers. Penal confinement (Zuchthaus) is either for life or from one to fifteen years; it always in- cludes permanent disability to serve in the [190] JUDICIAL SYSTEM OF THE EMPIRE army or hold an official position. Imprisonment (Gefdngnis] lasts from one day to ten years. The prisoner cannot be forced to work outside of the prison. Fortress incarceration (Festung) pre- supposes that the criminal did not have a dis- honest intention (cases of dueling, espionage of foreigners, etc.). It lasts for life or from one day to fifteen years. Arrest or confinement (Haft) lasts only from one day to three months. Verweis is an official warning. The minimum fine is one mark, the maximum 15,000 marks. Besides these punishments a convicted person may be deprived of his civil rights, placed under the supervision of the police or, if a foreigner, ex- pelled from German territory. Besides the Criminal Code there exist many Imperial laws which provide penalties; e.g., the Press Law of 1874, the Dynamite Law of 1884, the Law regulating Bankruptcy of 1899, the Espionage Law of 1890, the Pure Food Law of 1879, and especially the Trade Law of 1869. The organization of civil and criminal courts in the German Empire is regulated by the " Gerichtsverfassungsgesetz " of October I, 1879. courts There is, strictly speaking, only one federal court, the Reichsgericht or "Imperial Court," which sits at Leipzig, Saxony. This is the su- preme court and, in general, is only a court of appeals. All other courts are courts of the several states but organized under the rules of the law mentioned above and administering justice ac- GERMAN GOVERNMENT AND POLITICS cording to principles laid down by the Imperial codes. The lowest German court is the Amtsgericht. It is a civil as well as a criminal court. At the head of it is one judge, the Amtsrichter, who decides civil cases without assistance. In crimi- nal cases he is generally assisted by two laymen as jurors (Schoffen) who join with him in the decision. All civil cases involving a sum less than 600 marks have to be brought in first in- stance in an Amtsgericht. As a criminal court the Amtsgericht acts in minor cases and mis- demeanors, as enumerated in the law mentioned above. The middle and higher courts are all collegial bodies composed of several judges. The Landgerichte are courts of appeal from the Amtsgericht and courts of first instance in civil cases involving more than 600 marks as well as in all serious criminal cases. In civil cases the decision rests with three judges, the Land- richter. For criminal cases the Landgericht is divided into Strafkammern or Chambers for Criminal Cases and Schwurgerichte or Courts of Juries. The Strafkammern deal with crimes punished with a maximum of five years of penal confinement, with recidivists, thieves and con- cealers of stolen goods. The Schwurgerichte have all other criminal cases under their jurisdiction except cases of high treason against Kaiser and Empire and cases of espionage, which are de- [192] JUDICIAL SYSTEM OF THE EMPIRE cided by the Reichsgericht without appeal. The Strafkammern are composed of five judges, the Schwurgerichte of three judges and twelve lay jurors. In addition to these three divisions or chambers, special chambers for commercial af- fairs (Kammern fur Handelssachen) may be created at the Landgerichte. These commercial courts consist of one judge of the Landgericht and two lay members as his equal colleagues, who are proposed by the chambers of commerce. Courts of appeal from the Landgerichte, in civil as well as criminal cases, are the Oberlandes- gerichte, of which there are twenty-nine in Ger- many. These courts, as well as the Reichsgericht, are divided into Senate or departments for civil and criminal cases. Departments of the Ober- landesgerichte are composed of five judges, those of the Reichsgericht of seven. In states with more than one Oberlandesgericht certain cases, otherwise belonging to the Reichs- gericht, may be transferred to one of these Ober- landesgerichte. Thus Bavaria since 1879 has had an Oberstes Landesgericht and Prussia the Kam- mergericht in Berlin. This latter court is also the highest criminal court for Prussia, and the high- est court for non-contentious jurisdiction. 1 The German system of courts is centralized in the Reichsgericht, which was created in 1869. It 1 A special department of the Kammergericht is the Geheime Justizrat, a civil court for members of the royal house. [193] GERMAN GOVERNMENT AND POLITICS preserves the unity of judicial decisions for the whole Empire. If one of its senates wishes to alter the decision of the other, it has to do so in joint meeting with the rest of the civil and criminal senates respectively. If a senate for criminal cases wishes to deviate from the opinion of a civil senate, or of all of them, or if a senate for civil cases wishes to deviate from the opinion of a criminal senate, or of all of them, it may do so only by the decision of all the different senates. The Reichsgericht is a court of third instance in civil cases involving a minimum of 4,000 marks, and a criminal court of appeals from the Strafkammern and Schwurgerichte in cases where the legality of a decision in regard to the subject- matter is disputed. For disputes as to questions of law in regard to railways, the Oberlandesgericht has the final de- cision. In cases of conflict as before which set of courts, ordinary or administrative, a case has to be brought, special courts of the several states have the decision. Besides this system of ordinary courts, there are special, ordinary Imperial courts, the criminal courts of the navy, and consular courts. Non-contentious jurisdiction is the adminis- jurisdic- trative assistance of courts or judicial officers in the creation of private rights. Together with the German Civil Code there was published an imperial law regulating non- [194] JUDICIAL SYSTEM OF THE EMPIRE contentious jurisdiction, the " Reichsgesetz be- treffend Angelegenheiten der freiwilligen Ge- richtsbarkeit." 1 The main subjects of non-contentious juris- diction are: 1. Registration of land titles. Transfers or change of ownership of land go legally into effect by an agreement between the parties and the registration of this agreement. The state is responsible for any mistake made by the regis- tration officials in the performance of their duty. The officers are in turn financially responsible to the state. 2. Cases of guardianship. The guardians ap- pointed by the courts are under their constant supervision. These courts ratify adoptions, give minors in certain cases the rights of persons of full age and settle domestic disagreements of unimportant character. 3. Registration of marriage contracts, of com- mercial partnerships, of share companies, etc. 2 4. Probate matters. 1 Other sources of non-contentious jurisdiction are the Land Registration Act of 1900; some paragraphs of the German Civil Code on the making of wills, certificates of inheritance, etc.; some provisions in the Commercial Code, in the Trade-mark Statutes and many statutes of the sev- eral states, regulating matters of more local character, as the Prussian Statute of September 21, 1899, regarding non- contentious jurisdiction. 2 Patents and trade-marks are registered by the Patent Office. [195] GERMAN GOVERNMENT AND POLITICS 5. Judicial authentication of written state- ments, Urkunden or documents. In many of the German states this function is exclusively exer- cised by notaries instead of by the courts. When public interests are involved as in cases of guardianship, the courts act ex-officio or of their own motion; in other cases, as marriage agree- ments, registration of land, etc., they act only upon application. Non-contentious jurisdiction as far as adminis- tered by courts is usually performed by the dis- trict courts, the same number of judges sitting as in civil matters. Final appeal from these in cases of violation of law only, not for errors in fact, may be taken to the highest court of appeal in the different states. The Reichsgericht has nothing to do with cases of non-contentious jurisdiction. judicial The leading officers of the German courts are professional judges. Their training is uniform throughout the Empire. After graduation from a secondary school, for at least three years they must study jurisprudence and economics. After they have passed rigid examinations they are admitted to the judicial career as Referenda, or assistants. Then they are prepared in the different courts and after three years of service may be admitted to a second examination. After the passage of this examination they receive the title Assessor and are appointed judges if a vacancy occurs. Professors of jurisprudence at [196] JUDICIAL SYSTEM OF THE EMPIRE the universities are eligible without examination. At the head of the collegia! courts is a Prasident, at the head of the chambers, Directoren, at the head of the senates, Senatspr'dsidenten. Members of the Reichsgericht must have passed the thirty- fifth year. They are appointed directly by the Kaiser while all the other judges are appointed by the sovereigns of the several states. Judges cannot be removed or transferred with- out a legal process and for legal reasons. Poli- tics play no part in the judicial system of Germany. The German people are justly proud of the independence and high sense of justice of their judges. 1 The jurors of the Amtsgerichte and the lay members of the Kammern fur Handelssachen are lay judges without remuneration. They decide only the guilt or innocence of the accused while the judges determine the punishment. Jurors in the Landesgericbte are selected from a list of persons who are thirty years old and have never been convicted by a court. Each court has a public prosecutor. The prosecutor of the Amtsgericht is the Amtsanwalt, a civil service officer of the middle class. The prosecutors of the higher courts are called Staatsanwalte, or Oberstaatsanwalte at the Landes- 1 In the year 1912, e.g., a judge in Kadinen, East Prussia, decided a case against the Kaiser to the great satis- faction of the German people and was praised by the Kaiser after he learned that he had been misled. [197] GERMAN GOVERNMENT AND POLITICS and Oberlandesgerichte, and Reichsamv'dlte at the Reischgericht. They have the same training as the judges. They are, however, not as independ- ent as the judges since they have to obey the orders of their superiors. The prosecutors are assisted by the police who must obey their commands. Attorneys, or Rechtsantv'dlte, have the same training as the judges. Attorneys who have been admitted to one court are admitted to any court in Germany except for civil cases where they are assigned to certain courts. The attorneys of the Reichsgericht are admitted by the presiding board of this court, and can prac- tice only before the Reichsgericht. Notaries must have the same training as judges. They are appointed by the state and are usually at the same time attorneys. The clerical service of the courts is performed by secretaries, Gerichtssekretare, who are officers of the middle class and trained in the principles of law. They are also charged with the records. Other court officers are the bailiff or Gerichts- vollzieher and the beadle or Gerichtsdiener, who have in general the same duties as similar officers in England and the United States. The governmental powers by which the admin- principie istration of a modern constitutional state is carried of admin- on are not arbitrary but are fixed by law and the Istrative . law and individual can appeal to the government, ir his adminis- rights, as guaranteed by law, are violated by courts governmental agents or officials. All these legal [198] JUDICIAL SYSTEM OF THE EMPIRE rules in Germany, as in most continental Euro- pean countries, are laid down in a special field of law, the so-called "administrative law." Administrative law is therefore that branch of public law which fixes the details of organ- ization of the government, determines the com- petence of the administrative authorities and gives the individual redress in case his rights are violated. Anglo-Saxon jurists, with few exceptions, have denied the existence of a distinct and separate branch of "administrative law." They have above all objected to the advisability of having this branch of law administered by special courts. England and the United States know only one law and one set of courts, the ordinary courts, before which all legal controversies, including those involving public officers, are brought. Germany distinguishes between ordinary law, civil and criminal, administered by ordinary courts, and administrative law, as defined above, adminis- tered in the so-called administrative courts. Another characteristic feature of administrative law is that under it the state is held responsible for the acts of its agents rather than the in- dividual officers themselves. There are many advantages connected with the continental European system. In the first place, it makes for greater efficiency. Undoubtedly the supervision of purely judicial courts and their interference in administrative affairs is detrimental [ 199] GERMAN GOVERNMENT AND POLITICS to prompt and efficient administration. Further- more, the decision of cases in administrative matters requires a thorough knowledge of the technique of administration. This knowledge is not usually possessed by judges of ordinary courts. Not admitting any distinction between adminis- trative and ordinary law they apply the same methods to the enforcement of laws of a different character. Not recognizing the special nature of Government as the representative of all citizens, they often decide against public welfare in favor of private interests. The execution of adminis- trative law requires men with special training and a public mind. Finally, the individual can, if he has suffered injury, get better satisfaction under the con- tinental system if the court decides in his favor. For example, a policeman who in the supposed performance of his duty injures an individual, would in the United States or England be held personally responsible. It is very doubtful, how- ever, if the plaintiff could collect any substantial damages as a result of a verdict in his favor. Under the continental system the government would satisfy the plaintiff. There is, on the other hand, a justifiable ob- jection to the continental system. If the admin- istrative courts were not composed of men with a high sense of justice, they might too strongly uphold the government which they represent, and the individual, for political reasons, might [200] JUDICIAL SYSTEM OF THE EMPIRE never get satisfaction. This was actually the situation in France under the regime of Napoleon III. The administrative courts were instruments in the hands of the imperial government. Dicey, the eminent English jurist, took these French courts as types of administrative courts when he condemned the whole system. As far as Germany and her states are concerned, we may safely say that the system of special administrative law and courts works to the full satisfaction of both government and individual citizens. 1 In Germany administration is generally left to the several states, therefore we find comparatively 1 Dicey confesses (in his " Introduction to the Study of the Law of the Constitution," 7th edition, 1908, Chapter on " Droit Administratif ") that he received his knowledge of adminis- trative law from A. de Toqueville, who, by his own admission " knew little or nothing of the actual working of ' droit admi- nistratif' in his own day." And those days were furthermore the days of the regime of Napoleon III. Dicey's misconcep- tion of the administrative law of to-day is expressed in sentences like the following: "The 'droit administratif ' rests upon political principles. Official courts are supported because they have an official bias. It is a body of law intended to preserve the privileges of the state. The separation of powers, as the doctrine is interpreted in France, assuredly means the protection of official persons from the liability of ordinary citizens," etc. Under Dicey's influence President A. Lawrence Lowell of Harvard criticized the administrative courts in his "Governments and Parties in Continental Europe," but after a more careful study he changed his opinion in his more recent publication, "The Government of England" (Vol. II, pp. 489-504). The first and most prominent defender of adminis- [201] little administrative law and few administrative trauve courts of the German Empire. The several courts states have the more complete system. German The basis for the administrative law of the Empire German Empire is the constitution, which lays down the fundamental principles of the adminis- tration. It does not contain a bill of rights like that of Prussia and other states. These civil rights are either accepted as self-evident or fixed by special laws, as the law in regard to citizenship, the law concerning the right of form' ing clubs and of public meetings ("Vereins- und Versammlungsrecht" of April 19, 1908), the law giving freedom of domicile and acquisition of real property, business occupation, and emigra- tion, and the law abolishing passports. There are several special administrative courts of the Empire. The Reichsamt filr das Heimat- wesen is a permanent collegial body consisting trative law and administrative courts, among English speaking writers, was Prof. F. J. Goodnow, who was influenced by German university studies (see his "Comparative Adminis- trative Law, Vol. I, pp. 217-239). An interesting criticism of Dicey's point of view is E. M. Parker's article "State and Official Liability," in the "Harvard Law Review" of March, 1906, pp. 335 ff. It might be noticed that the Anglo-Saxon practice has in recent years recognized the advantages of administrative courts by investing administrative bodies with judicial func- tions, as, in England, the Boards of Trade, Education, Local Government, etc.; in the United States, the Pension Office, and the Interstate Commerce Commission. [202] JUDICIAL SYSTEM OF THE EMPIRE of a president and at least four members. It is The a court of last instance in disputes between public admlnl8 - " Corporations for the Relief of the Poor" of courts different states or as far as the legislation of the of the state has transferred the decision of cases between Empire corporations of its territory to the Reichsamt. 1 The Erweiterte Reichseisenbahnamt is an admin- istrative court for cases arising from regulations made by the Reichseisenbahnamt. It is the latter body enlarged by several judicial members. At least two judicial officers and three original mem- bers must be present to give a decision. The Reichsrayonkommission is a permanent military commission, appointed by the Kaiser, sitting as a court of appeal for complaints against decisions of commanders of fortresses, who are frequently brought into disputes in guarding the surroundings of fortresses. The Oberseeamt is a collegial body, consisting of six members, of whom three must be naviga- tion experts and one, the presiding officer, a quali- fied judge. They decide complaints against the Seeamter or Navigation Offices, which investigate the causes of naval accidents and which may disqualify naval officers. The Reichsversicherungsamt is a court for cases 1 Prussia, Hesse, Saxe-Weimar-Eisenach and some smaller states have done this. Bavaria has as a special privilege her own legislation in regard to the relief of poor people, there- fore the Reichsamt is not competent for Bavaria. However, Bavaria decided to give up this privilege in 1914. [203] GERMAN GOVERNMENT AND POLITICS coming up from the association-offices (Genos- senschaftsamter) and the courts of arbitration for the state insurance of invalids and aged people. The Aufsichtsamt fur Privatversicherungen de- cides disputes of private insurance companies which are under its supervision, e.g., those com- panies which do business in several German states as well as those of a few smaller states. The Patentamt (Patent Office) is composed of a president and legal and technical members. They are appointed either for a period of five years or for life. SELECTED BIBLIOGRAPHY BORCHARD, E. M. "Guide to the Law of Germany." HOWARD, B. E. "The German Empire," Chapter IX (The Judicial Organization of the Empire). BURGESS, J. W. "Political Science and Comparative Con- stitutional Law," Vol. II, Division IV, Chapter III (The Organization and Powers of the Judiciary in the German Imperial Constitution). GARNER, J. W. "The German Judiciary." [204] CHAPTER XVII THE PARLIAMENTARY HISTORY OF GERMANY W HILE in former times parties in general were based on philosophical and political principles, and drew their followers from all classes, Party at present they are mostly representative of classes pies 1 and economic and social interests. Few are those who view the problems of government from a broad, unselfish, national standpoint. The first element to present itself frankly as the representative of a single class was the Social- Democratic party, the party of the workingmen. It still essentially represents their interests al- though its influence has begun to be felt among farm workers and small shopkeepers. The Conservatives have always had their stronghold in the country. It was only natural therefore that they should make themselves the special protectors of the agricultural interests, which role they definitely adopted with the foundation of the Agrarian Union (Bund der Landwirte), in 1893. This Union at first formed a party by itself. Later on, however, its members 1 The party programs referred to in the following chapter may be found in K. Mahler, "Die Programme der politischen Parteien in Deutschland." [205] GERMAN GOVERNMENT AND POLITICS joined the different conservative groups, the right wing of the National-Liberals, the Clericals and the Poles. Their influence has given to these conservative parties a decidedly agrarian character. The Liberals find their support especially in the cities, the seats of commerce and industry, whose logical representatives they have become. In 1909 appeared the Hansabund, the counterpart in industry and commerce of the Agrarian Union. It has its followers among all the liberal groups from the radical Left to the National-Liberals. The Center less than any of the other great parties is the representative of economic interests. In the main its members are Agrarians, since the majority belong to the farming classes. However, a great many are workingmen in Catholic cities, so that the party must needs emphasize social reform. The fundamental principle of this party is not economic but religious. The following statements give roughly the representation of economic and social classes in the different parties. 1 Conservatives Large landed property and no- bility. Free Conservatives Industrialized landed prop- erty. Economic Union Smaller and urban landed property, crafts, shopkeepers, officers of middle rank. 1 Taken with modifications from Chr. Grotewald, "Die Parteien des Deutschen Reichstags." [206] PARLIAMENTARY HISTORY OF GERMANY National Liberals Large industrial and com- mercial interests, science and education. Liberals Commerce, science, crafts, smaller farming property, lower and middle class officers, groups of workingmen. Social-Democrats Workingmen. According to the interests they represent, the parties have logically the following tariff policies. Conservatives High protective tariff for agri- cultural products. Free Conservatives The same, and also high tariff for industrial products. Economic Union The same, and protection of small shops and crafts. National Liberals The right wing believes in a high protective tariff especially for industries, the left wing in a moderate protective tariff. Liberals Free traders by principle, however many of them no longer accept free trade as a dogma. Social-Democrats Absolutely free trade. Clericals Protection, especially of agricul- tural products. Let us now consider the philosophical, religious, and political principles of the different groups. The basis of all conservative thinking is author- ity. Authority is delegated by God. Therefore The L n L u u Conserv- tne Conservatives believe in a monarchy by the a tives grace of God, and are fundamentally opposed to popular government, especially the introduc- tion of parliamentary government. Religion as [207] GERMAN GOVERNMENT AND POLITICS the source of authority in a Christian state has to be protected, and must permeate the whole life of the nation. The church must have a necessary amount of freedom and the state has no right to interfere with its inner organization. As a matter of fact the Conservative Party means particularly the orthodox church, when it speaks of the church, while the liberal part of the church leans towards the liberal parties, especially the National-Liberals. The public school should, according to conservative ideas, be under the supervision of the church and the religious spirit should be the basis of all educa- tion. Under the influence of the former court- minister, Stocker, the conservative parties turned to anti-Semitism. And this was quite natural since the Jews were found among their natural enemies, the captains of industry and commerce. The anti-Semitic feeling has been strong in Germany from time to time, and has induced a good many people to join the conservative parties. The Conservatives of the right wing have par- ticularistic tendencies, especially Prussian. Thus the Tivoli program of 1892 says: "We wish that within the unity (of the Empire) the natural in- dependence and character of the individual states and races be preserved." The Conservatives have always supported the military, naval and colonial policy of the government. The social policy ad- vocated by the Conservatives is an extensive one based on patriarchal principles. Consistently [208] PARLIAMENTARY HISTORY OF GERMANY with their fundamental idea they believe in the so-called state socialism or neo-mercantilism of a real Christian state, the fruits of which were the great compulsory insurance laws of the eighties. The conservative parties emphasize social legis- lation for the agricultural population and the mid- dle class. They do not mean that these reforms should be regarded as a right of the people, but as a voluntary, though just and necessary, gift of authority. The Tivoli program sums up the aims of the Conservative party in these words: "High esteem for Christianity, monarchy and fatherland, protection and promotion of all honest labor, con- servation of natural authority these are the supreme principles which the German Conserva- tive party has written on its flag." The Free Conservatives are more liberal, and especially more national in their views. Their program declares "The motto of the party is and a aves remains: The fatherland above the party, the common interest above special interests." They are as they say a constitutional middle party, which has always endeavored to unite all patriotic men against socialistic, radical and reactionary movements. The Economic Union emphasizes its agrarian small character and advocates social legislation for the conse "- benefit of the middle class. groups Other small parties, which have existed from time to time, have laid special emphasis upon a certain conservative policy, as, e.g., social legis- [209] GERMAN GOVERNMENT AND POLITICS lation upon Christian principles (The Christian- Socialists), protection of agriculture (Agrarian Union), anti-Semitic policy (Antisemiten, Deutsch- Sociale, German Reform Party). The Clericals, in spite of their denial, form a The party based thoroughly upon the Catholic religion. This is their first and supreme principle. When- ever national and Roman Catholic interests con- flict they are found on the side of the church. Again and again they have abused their power in the Reichstag to benefit the church as against the state. Politically, however, they are far more progressive than the Ultra Conservatives, and if that portion of their number who place national- ism above clericalism should ever gain the upper hand, the Center which then would be the better name would find a great number of followers among the non-Catholic mass of Ger- mans. For with a sound conservatism they com- bine many democratic policies, and are not as far removed from the mind and heart of the peo- ple as the Conservatives. They have promoted the social reform policy of the Government, have fought against monopolies and the dangers of the concentration of wealth. In their social reforms for the workingmen they go farther than the Conservatives. The Clerical party has always jealously guarded the rights of the Reichstag, and they have watched the budget of the government with especial care. They like to pose as the party of economy. The [210] PARLIAMENTARY HISTORY OF GERMANY result is that often they vote against absolutely necessary expenditures for the army, navy, or colonies. Their enthusiasm for imperialism is not very great. Significant is their Wahlprogramm (platform) of 1903, in which they say: "The ex- penditures for the colonies, in the extension of Christian faith and civilization, have their limita- tion in a correct understanding of our financial capability." This clause was given as the motive for the action of the party in igoy, 1 which better than any program has shown the fundamentally non-national character of this opportunist party. It must be said that the Center has been more cleverly led than any other German party. The liberal parties are the parties of individual- ism. The welfare of the individual, personal The liberty, is their highest principle. This principle Parties has within it the danger of a split into a mass of small groups, since individualism repels partisan- ship. And as a matter of fact no party has been divided into so many little factions as the Liberal Party. It is a party resting on theories of the natural rights of men. It is made up of a highly intellectual class of political thinkers, but poor practical politicians. Till lately they followed in social policy the old laissez-faire doctrine, an attitude quite consistent with their fundamental ideas and entirely natural in a party representing big business. It must, however, be admitted that they now count among their members several 1 Cf. p. 230. [211] GERMAN GOVERNMENT AND POLITICS great social reformers (e.g., the former Protestant minister Naumann), and are working with the rest of the Reichstag for the introduction of further reforms. They value self-help very highly, and demand absolute legal equality between employers and employees, as well as the absolute right of coalition of all working people, including farm laborers and servants. Thus their methods of social reform differ from those of the patriarchal Conservatives. Since 1910 the Liberals of the Left have once more united, so that now we have two big liberal groups: the National Liberals and the Radical Liberals. The National Liberals emphasize the principle ?* e of the fatherland above the party, the general National *' Liberals welfare above all special interests. Ihey are the most ardent believers in imperialism, and are perhaps nearer than any other party to the spirit of modern Germany as represented by the Ger- man Emperor. Historically, they are the party of nationalism and they still favor centralization. Their political faith is truly liberal, but opposed to all radical tendencies. They recognize the importance of the church, but with the under- standing that the state is always the superior. In their tariff policy they give their members ab- solute freedom of opinion. Most of them, how- ever, are, as said before, protectionists. The Radical Liberals, or simply Liberals, demand absolute equality, social and political, Liberals direct elections and universal suffrage in state [212] PARLIAMENTARY HISTORY OF GERMANY and local government, revision of the electoral constituencies, introduction of parliamentary government, development of local self-govern- ment, independence of schools from the church, more direct and fewer indirect taxes. The principles of the Social-Democratic party are internationally well known. In brief, their The . , r r 11 r Social - economic aim is the socializing or all means or Demo- production; their political aim is a direct and crats absolute democracy. Among the political de- mands of this party are: woman's suffrage, pro- portional representation, initiative, referendum, political responsibility of officials who are to be elected by the people, absolute freedom of speech, a free church, independence of schools from the state, free schools and universities, free legal and medical help, abolition of all indirect taxes, pro- gressive income and inheritance taxes. It is a well-known fact that the German Social-Demo- crats, as is indeed the case with the Socialists of all countries, are internally split between the Orthodox Radicals, who refuse to participate in reform legislation and the opportunist element, Revisionisten, who are ready to support any legislation tending towards socialism, and who no longer accept all the Marxian doctrines as do the Orthodox Socialists. So far the radical wing is still in the majority and directs the policy of the whole party although the revisionist ele- ment is constantly growing stronger. It is un- doubtedly true that a large part of the Socialist [213] GERMAN GOVERNMENT AND POLITICS voting strength comes from persons not fully in sympathy with the economic ideas of Karl Marx, but who are influenced by a desire to protest against existing conditions of government in Germany. Often it has been questioned whether the Social-Democrats in case of war would take arms for the Empire. Of course socialistic theory is opposed to imperialism and militarism. Those who count, however, on the unpatriotic spirit of socialistic Germans in case of a defensive war undoubtedly make a mistake. 1 Thus one of the leaders of the Social-Democratic party, von Vollmar, declared at the International Socialist Congress of 1907, accompanied by the cheers of many in the audience, that love of humanity would never prevent his party from being good Germans, and that the idea of putting an end to war by a general strike was foolish. Besides these four big groups of parties the Conservatives, Clericals, Liberals, and Social- Democrats there exists a number of smaller parties, which from a racial viewpoint all protest against their position in the Empire. Of these the Poles, Alsatians, and Guelphs vote with the Center in matters of general policy, while the one representative of the Danes in the Reichstag is a guest of the Liberals. The party history of the German Reichstag 1 This statement was written before the outbreak of the European war. [2I 4 ] PARLIAMENTARY HISTORY OF GERMANY begins in the Constitutional Assembly of Prussia, History 1848, and in its successor, the Prussian Chamber of of Deputies. The first Prussian Chamber of Deputies, which was elected in 1850, contained The a majority of Conservatives, with only a few O fthe scattering Liberals, because the Liberals did not P 881 * 11 ...... . Chamber participate in the election, as a protest against fDe P u- the form of franchise forced upon them. Indeed Ues from 1848 we can hardly speak of real parties during this isee time. The people elected a man more for his personality than on account of his political affiliations. With the ascendency of William to the throne of Prussia in 1858, the Liberals formed a great party and became active in the Chamber, at first supporting the new government from which they expected a liberal course. But they Reor g an - ... . . , - . , Ization of quickly turned to opposition, when the King with the army Bismarck and Roon proposed the great reorgan- ization of the army. Only then did real party organization for the purpose of carrying elections come into existence. The Liberals were opposed to the military reform, the Conservatives favored it. At the same time, the Liberals advocated a German-National policy, while the Conserva- tives were Prusso-particularistic. In 1863 the Liberals had 247 seats, the Conservatives 105. But Bismarck despised this majority and went on with military reforms without its consent. History justified his action. While battles were being fought in Bohemia in 1866 a new Land- tag was elected, in which the people condemned [215] GERMAN GOVERNMENT AND POLITICS the policy of the Liberals. 1 The dominance of the Liberals in the Chamber passed once and forever. The Liberal majority was succeeded by a major- ity consisting of the National-Liberals and the The Free Conservatives. The National-Liberals came National mto existence partly through the desertion of Liberals i T "U and the the more moderate Liberals, who now became Free- reconciled with Bismarck's policy, and partly atives as by the adherence of the members of the National govern- Q u b, the N ationalverein. This N ationalverein parties was created in 1859 under the leadership of Ben- nigsen, and comprised all the elements in Germany who believed in a German Empire under Prussian leadership on the basis of moderate liberal insti- tutions. Almost all the prominent men of learn- ing in Germany joined the National-Liberals, among them the great historian Treitschke, and Gneist, the spirit of reform in Prussian local gov- ernment. It became the great popular party. In the Constitutional Convention for the North German Federation the National-Liberals had already eighty seats. They must be given special credit for the passage of the Constitution, which was adopted by 230 against 50 votes, the minor- ity being composed of Liberals, Clericals, Poles, Guelphs and Danes. Contemporaneously with the National-Liberal party, the Free-Conservative party was created. 1 Their official name was Fortschrittspartei or Progressive Party. [216] PARLIAMENTARY HISTORY OF GERMANY This new party separated from the old Conserva- tives, which henceforth called themselves German- Conservatives. The reason for the separation was a more progressive point of view, a more pronounced nationalism and an almost unlimited faith in Bismarck. They have been baptized the "Bismarck party sans phrase" Since 1867 they have called themselves the Imperial party or Reichspartei. During the period of the predominance of these two parties the structure of the German Empire was erected and cemented. Their diffi- cult task all fair-minded critics must confess was accomplished with brilliant success. Soon after the establishment of the new Em- pire, the government became involved in a deplor- The able and bitter struggle with the Catholic Church, kampf Fundamentally it was the old medieval German fight between church and state, the fight between the Roman principle of binding authority and the Protestant doctrine of free individuality. After the Italians had deprived the Pope of his temporal power the archbishop of Posen in behalf of all Catholics asked Bismarck at Versailles in 1870 to restore the old temporal power of the Pope. Bismarck coldly refused to do anything in that direction, whereupon a Clerical party was at once organized, with the purpose of restoring the temporal power and the independence, or even superiority, of the Catholic Church. With the help of the clergy, the Clericals conquered 58 [217] GERMAN GOVERNMENT AND POLITICS seats in the first Imperial Reichstag, and 47 in the corresponding Prussian Chamber of Deputies. The conflict between this party and the govern- ment broke out as a result of the dogma of Papal infallibility in speaking ex cathedra. The German bishops had opposed the new dogma in the Vatican Council. But after it had been accepted they submitted to it, except a few under the leadership of Dollinger, the distinguished professor of theol- ogy in Munich. They were consequently excom- municated by the Catholic Church and formed a church of free thinking Catholics, the so-called "Old-Catholics." The government came to the help of the Old-Catholics. The Reichstag, at the proposition of the government, forbade the religious orders to engage in teaching. In 1872, the Order of Jesus and afterwards other orders were expelled from German territory. In May 1873, 1874, and 1875, the Prussian Landtag^ passed a number of laws directed against the power of the Catholic church, providing for the super- vision of education by the state, the appointment of the clergy by the state, compulsory civil marriage and suppression of religious orders. The clergy refused to obey the laws, which the Pope declared void. The government enforced them by fines, imprisonment, non-payment of sal- ary and expulsion from the country. Hundreds of congregations in Prussia were without priests and church services; baptisms and marriages 1 Falk was Minister of Education. [218] PARLIAMENTARY HISTORY OF GERMANY stopped. All Germany was excited, the priests posed as martyrs, the mass of Catholic people looked upon them as half-saints and the ends of the government were not accomplished. In 1877 the Clericals returned 92 members to the Reichs- tag and became the strongest party in that body. The Kulturkampf, as this struggle has been called, only enhanced the power of the Clericals. Therefore Bismarck, who needed the help of the Clericals for other reasons, made peace with them. This was greatly facilitated by the death of Pope Pius IX and the election of Leo XIII, a man of more liberal mind and of great diplomatic skill. In the years following 1878 one law after another of the Kulturkampf period was abandoned so that now only civil registration of births and deaths, civil marriages, inspection of schools and the provisions excluding the Jesuits as an order are left. Individual Jesuits are now admitted. The year 1874 saw the climax of the strength of the National-Liberals. It seemed impossible in FaU i -i . . of the the early seventies that so strong a power could National- be broken in so short a time. And yet it took only Liberal seven years, from 1874 to 1881, to diminish their strength from 152 to 45 seats, a point at which they have remained ever since, except in 1887 when they won 99 seats. Many reasons account for this sudden decline. In the first place must be put Bismarck's change of attitude toward the party. He was turning more and more to conservative ideas. Furthermore he was, as always, afraid [219] GERMAN GOVERNMENT AND POLITICS of the power which a very strong and united party might gain in the Reichstag, a power which in the future under a weak Kaiser and Chancellor might be used to introduce the English form of government which he abhorred. The two main causes of Bismarck's alienation, however, were his differences of opinion with the National-Liberals in regard to imperial finance and the treatment of the Social-Democrats. After the war indemnity had been consumed to sup- port the new government, it was necessary to find other resources. This the National-Liberals saw as well as Bismarck, but they feared a loss of power in the Reichstag, if they voted perma- nent imperial taxes without some safeguard. For according to the German constitutional system, taxes once granted cannot be repealed except by the process of constitutional amendment, in which case Prussia has a veto. The Liberals therefore demanded the creation of a Secretary- ship of Finance, responsible to the Reichstag, in return for the concession of the necessary taxes. Bismarck, consistent in his fear of parliamentary government, declined to work with the Liberals under such conditions. Discouraged and dis- gusted because of the lack of harmony with the leading party in the Reichstag and because of his defeat in the Bundesrat in 1875 on the question of bringing all the railroads of Germany under government ownership, he took a long leave of absence in April, 1877. [ 220] PARLIAMENTARY HISTORY OF GERMANY During his absence from official duties he made up his mind either to bind the National-Liberals closely to him or find his support in the Cleri- cals and Conservatives, who were beginning to weaken in their opposition to him. First he offered a portfolio to Bennigsen, the leader of the National-Liberals. He was willing to ac- cept only on the condition that another liberal leader be given a portfolio, in order to insure a liberal policy on the part of the government. Bismarck's plan, however, was just the opposite, namely to make the National-Liberals Conser- vatives. Moreover, Bennigsen and his party objected to the introduction of a government tobacco monopoly planned by the Chancellor. Bismarck then took decisive action. The three liberal Ministers in the Prussian Cabinet were replaced by more conservative men, and hence- forth no bills of a liberal character were in- troduced by the government. In the elections of 1878 the government did not support the National-Liberals with its prestige, and while no announcement had been made, everybody knew that a breach had taken place. The result was a loss of twenty-nine seats for the National- Liberals. The time of their hegemony had passed. The two conservative groups returned more members than the National-Liberals, and the Clericals almost as many. Let us return for the moment to the Social- Democrats and the anti-socialistic policy of [221] GERMAN GOVERNMENT AND POLITICS The rise Bismarck. In the year 1848 the "Communist social- Manifesto" of Marx and Engels had been pub- Demo- lished. It concluded with the famous words: ^ "The ruling classes may tremble in case of a communistic revolution! The proletarians have nothing to lose but their chains. They have a world to win. Proletarians of all countries unite!" But the union of communists founded on the principles of the Manifesto ceased to exist, and in 1854 all clubs of workingmen in Germany were dissolved. May 23, 1863, can be given as the birthday of the modern Social-Democratic party in Germany. It was the date of the foun- dation of the German Workingmens' Union by the brilliant, active Ferdinand Lassalle. After his death in 1864, a period of struggle began within this union. For the Constitutional Con- vention of 1866 a program was put forth, the Erfurt program, but only 40,000 votes were given for all the socialist candidates and not one was elected. The first Reichstag of the German Empire saw only two socialist members. 1 In 1875 the in- ternal struggle between the more nationalistic and opportunist followers of Lassalle and the international, revolutionary party was settled at the Congress of Gotha. Meanwhile in the elec- tions of 1874, the number of votes for socialist candidates had increased to 351,670, and nineteen members had been elected to the 1 Bebel and Schraps. [222] PARLIAMENTARY HISTORY OF GERMANY Reichstag. Germany became excited and ex- tremely nervous. At that date fears were entertained of Social- ists which have since been allayed. They had not settled down to a definite policy. The belief in revolution and the use of force was prevalent. The general public confused them with their greatest opponents, the anarchists of action, and regarded them as half-devils. Above all, Bis- marck, the builder and pilot of the ship of state was nervous in the fear that this destructive element would destroy his great work. Instead of following the advice of the so-called " So- cialists of the Chair," who, much after the fashion of Progressives in the United States, ad- vocated social reforms as the only way to stop the socialistic flood, he applied to them the same methods which he had used unsuccessfully against the Clericals. In 1875 he proposed in the Reichstag a bill to punish spoken or printed attacks on the state. The clauses affecting Socialists gave so much discretionary power to the administration that the National-Liberals and even some of the Conservatives voted against them. When in 1878 after an attempt at violence on the old Kaiser, Bismarck tried to have an "exception" law, or piece of special legislation, passed to suppress the Social-Democrats, he was again defeated by the National-Liberals in the Reichstag. A second attempt on the life of the Kaiser in the same year, made this time by a [223] GERMAN GOVERNMENT AND POLITICS man who confessed to be a Socialist, gave the Chancellor the opportunity to dissolve the Reichstag with the result shown above. Although there was still no open breach with the old government party, and the exception law NO ma- had been passed in a modified form with its assist- jority, ance, Bismarck had now made his peace with Clericals the Clericals, and depended mainly on them and holding t h e Conservatives. In February, 1879, he in- baiance troduced into the Reichstag a bill for a protective of power tariff. Like most European scientists and states- men, Bismarck had been a believer in free trade. Intro- A change of opinion, however, had been taking duction I ' of the place among the German economists, especially protect- on account of the weak condition of the young industry of the Empire. Bismarck, like many economists, was influenced by the experience of the United States as a country of rapidly progress- ing industry, which he ascribed to its system of high protection. 1 At the same time the customs duties offered an enormous source of income which Bismarck needed badly, all his plans to find suffi- cient financial support for the imperial govern- ment having failed. The parties which up to that time had all believed in free trade divided again upon this issue. The Conservatives became 1 "For the abstract teachings of science in this connection I care not a straw. I base my opinion on experience, the experience of our own time. I see that protectionist countries are prospering, that free trade countries are retrograding." Bismarck in a speech in the Reichstag of May 2, 1879. [224] PARLIAMENTARY HISTORY OF GERMANY advocates of protection; the Liberals and the So- cialists continued to oppose it. The National- Liberals and the Clericals split among themselves. Bismarck made further concessions to the Clericals for their support of his policy, since Bennigsen could not promise that all National-Liberals would follow him. When the final vote was taken, a small part of the National-Liberals voted for the protective tariff and separated from the party as the "Liberal Group." l In the year 1880 the left wing split from the National- Liberals as a consequence of differences on com- Liberal mercial policy, and formed a party of liberal Parties r . . . . and their free traders, the Liberate Vereinigung (Lib- future eral Union) or Secessionists. These secessionists united in 1884 with the Old-Liberals, but sepa- rated again in 1893. The older more radical party took the name Free Thinking People's Party (Freisinnige Volkspartei), while the more moder- ate faction gave itself the name of the Free Think- ing Union (Freisinnige Vereinigung}. These two parties together with the South-German People's Party (Sud-Deutsche Volks-partei)^ a particularistic democratic party in South Germany, united in 1910 as the Progressive People's Party (Fort- schrittliche Folkspartei) so that now there exists essentially one Liberal Party of the Left. We have briefly shown in the foregoing the complete breaking of the formerly commanding 1 There were fourteen members, but only one was returned at the next elections, and so this faction ceased to exist. [225] GERMAN GOVERNMENT AND POLITICS power of the National-Liberals. The rest of the party under Bennigsen continued to support Bismarck, voting in 1880 for the prolongation of the anti-socialistic law and for the "Septen- nate," i.e., the bill fixing the size of the army for seven years. The Clericals for whom Bismarck partly had sacrificed the National-Liberals and to whom he had made concession after conces- sion, did not prove to be faithful allies, and took in general a hostile attitude under the leadership of Windthorst. It was often extremely difficult for the government to obtain a majority. There was no compact following behind Bismarck and his party policy had to be made for each measure. There was constant lack of harmony between the government and the Reichstag. A conflict more than ordinarily serious led to the dissolution of the Reichstag in 1887. Boulanger's cry of revenge for Alsace-Lorraine and French prepara- tions for war, made a prolongation of the Sep- tennate and an increase of the army desirable. But the Liberals of the Left, the Center and the Social-Democrats ridiculed the imminent danger of a war, and in spite of all the effort of Bismarck to unite the German representative body against the menace from the west, the majority of the Reichstag voted against the project of the gov- ernment. The elections to the new Reichstag took place under the greatest excitement. The government exerted all its prestige for the election of the Con- [226] PARLIAMENTARY HISTORY OF GERMANY servative and the old National-Liberal candidates. IMT- Never before had such a percentage of voters par- 189 - ticipated in an election. The result was a Reichstag cartel with a solid government majority for the Septen- Relchs - TL n 7 I to - Coa - nate. ihe new Reichstag was the willing mstru- ment of Bismarck. With its help he increased Conserv - the legislative period from five to three years. Free Bismarck greatly modified his policy towards Conserv - the Social-Democrats during the eighties. By the and adoption of "State Socialism," the passage of National , . Liberals. laws for compulsory insurance of workmgmen, The he sought to remove the causes of their opposition Se P ten - as far as they seemed to him justified. On the Ana- other hand, he continued to use repressive meas- Soclallst L U 1 J leglsla- ures, destroying their press, putting their leaders turn in prison or exiling them for seditious speeches, suppressing their meetings, etc. The result was the same as in the case of the Kulturkampf. As martyrs they gained strength from the admira- tion of the multitude, became more fanatical and more solidly organized. With the excep- tion of the elections of 1887 the party grew stead- ily. The Chancellor, instead of changing his unsuccessful policy, introduced new anti-socialist laws after the termination of the period of the " Exception laws" in 1889. The National-Liberals who in principle were opposed to these laws assisted the Clericals and Liberals of the Left to amend them so as to make them less severe, much against Bismarck's desire. For yet other 1 A cartel is a combination of party groups a bloc. [22 7 ] GERMAN GOVERNMENT AND POLITICS reasons the Conservatives voted against them at the last reading in January, 1890, and the whole bill was rejected. At this juncture the term of the Reichstag expired and new elections took place. These elections returned to the Reichstag only a min- The ority of the cartel parties which had supported Conserv- Bismarck. This loss of control over the Reichstag clerical was one of the reasons which contributed to the bloc fall of Germany's first Chancellor. 1 The refusal of the Liberals to vote for a bill in- creasing the strength of the army, forced Caprivi, the new Chancellor, to seek support first from the Conservatives and Clericals. He therefore made new concessions to the Clericals, restoring to the Catholic Bishops the revenues withheld during the Kulturkampf by a bill passed in the Prussian Landtag. The old enemies of the Cleri- cals, the National-Liberals, who were joined by the Free Conservatives, were ineffectual in their opposition. Caprivi, however, proved to be just . , j r ' ,0 i as independent or the Conservatives as he was treaties o f the Liberals. At the end of 1891 he intro- duced a series of reciprocity treaties favoring industry, a truly liberal economic policy. In spite of the opposition of the Agrarian element in the Conservative party the treaties were passed in the Reichstag by a large majority. An- Educa- other victory of the Liberals, not due, however, tion Bill . i i r> r> 1- to their strength in the Prussian Parliament, 1 Cf. pp. 95-9& [228] commer- PARLIAMENTARY HISTORY OF GERMANY was the failure of the education bill of 1892, which would have afforded to the clergy of the different denominations the right of giving religious instruction in schools. The Govern- ment had first strongly advocated this bill presented by it to the Prussian Landtag. Con- servatives representing the orthodox Protestants, and Clericals welcomed it heartily, but the country at large objected very strongly to its passage, so that the government finally withdrew the measure. The Conservatives and Clericals were extremely dissatisfied with the government and showed their attitude on several occasions. On May 6, 1893, the project of the government to increase the size of the army and decrease the Army r r j i ir Bm f term of service from two and a halt to two years 1393 was rejected by the Reichstag against the votes of the Conservative parties, the National-Lib- erals and a few Clericals. The Reichstag was immediately dissolved. The new Reichstag ac- cepted the changed project of the government, the nineteen Poles voting in favor of the bill in return for the conciliatory policy of the Kaiser. However, the government majority was very small and by no means firm in its support of Caprivi. Soon it became necessary for the gov- ernment to turn again to the Clericals for support. After a very short interval the Blue-Black Bloc, 1 the union between Conservatives and Clericals, 1 So called because blue is the color of the Conservatives and black that of the Clericals. GERMAN GOVERNMENT AND POLITICS was again leading in the Reichstag, and remained in this position throughout the chancellorships of Hohenlohe-Schillingsfiirst and Billow until 1907. The elections of 1903 reduced the bloc to a majority of but one. However, in all important national questions Billow could count on the support of the National-Liberals. Then came the year 1907. The Clerical party Breach had aDUSe d its power and had repeatedly forced with the .... clericals, the government in turn for its support to grant * 907 - it special favors, especially in regard to the Cath- Decrease F 5 . . of the one church. It was an unpatriotic policy or bargaining, of Kuhhandel ("cow-trading") as cratic the German political phrase has it. It was a party dangerous policy for the government to depend on elements so unreliable which look first ultra monies? over the Alps, and regard the father- land as of secondary importance. When there- fore the Center refused to vote the necessary money to put down the rebellion of natives in Southwest Africa and thereby, in alliance with the Social-Democrats, defeated the government, the Reichstag was dissolved. The motto of the government was "The fatherland first, the party second! Against Center and Socialists!" Never before had Germany shown such an interest in an election. Artists, professors, philistines, who had never cared to vote, became enthusiastic partisans. All the parties united to defeat the Clericals and the Social-Democrats on the first 1 Therefore they are often called Ultramontanen. [2 3 0] PARLIAMENTARY HISTORY OF GERMANY ballot if possible. Without any reserve they united at the second election (Stichwahl). When the result of the election showed a majority of conservative and liberal groups, joy was unlimited. At midnight a crowd of thousands of citizens marched to the Imperial Palace in Berlin and greeted the Kaiser with enthusiasm equal only to that of the day of the declaration of war against France in 1870. The Kaiser ad- dressed the jubilant crowd with the following words: "Gentlemen, I thank you for your ova- tion. To-day all of you have put your hands to the work, and have proved the word of the Im- perial Chancellor, 'Germany can ride, if she cares to.' I hope this will be true not only to-day but also in the future. If men of all ranks and faiths stand together, we can ride down all those who block our path." 1 The elections however did not break the power of the Clericals, against whom in particular the fight had been made. On the contrary, they gained two seats. The Social-Democrats, how- ever, to everybody's surprise lost about half their seats, although their total number of voters showed a considerable increase. This fact was due to the cooperation of the conservative and 1 Quoted from L. E. Barker, " Modern Germany," Chap- ter XIV, p. 322. This writer's presentation of the 1907 election is, however, an artificial misconstruction, made by one who sees in everything Germany does a policy hostile to England. [2 3 I] GERMAN GOVERNMENT AND POLITICS liberal groups, to the participation of patriotic men, who had not been in the habit of voting, and to the huge population of the city constit- uencies, resulting in socialist representatives having a larger body of voters behind them than is the case with other parties. Billow now governed with a new bloc, the 1907- Conservatives and Liberals. But the alliance, 1908. f v The termed in a moment ot enthusiastic patriotism, Conserv- was fundamentally unnatural and did not last Liberal very long. In 1908 the government proposed the Alliance introduction of new taxes, in order to put the finances of the Empire upon a sound basis. The project of the government was accepted by the Liberals, National-Liberals and Free Conserv- atives, but the Conservatives refused to accept under any circumstances the extension of the inheritance tax to widows and children. Billow, who saw his bloc destroyed, resigned, and the old bloc of the Conservatives and Clericals came again into existence. Financial reform was achieved with the help since o f tne Blue-Black Bloc in such a way as to benefit 1908 landed capital, while industry and commerce were taxed heavily. The middle and lower class paid the larger part of the new taxes. In ad- dition the cost of living increased as in all countries, and the high tariff on necessities of life was regarded as mainly responsible for this increase. The government, however, refused to modify the tariff. Furthermore the independent [232] PARLIAMENTARY HISTORY OF GERMANY element among the Protestants disliked the pre- dominance of the Clericals. The whole country was extremely discontented and many predicted an enormous gain of seats for the Social-Democrats at the approaching elections of 1912. But even the most radical prophets were sur- prised by the results, which gave the Social- Elections L. u r ofl912 - Democrats the enormous number of no seats. The All the other more important parties lost ground, National- including even the Clericals. The old bloc lost the 47 votes and is no longer in the majority. If the decidln g 5 l- -11- 1 V L T M 1 faCtOF Socialists were willing to work with the Liberal Left the passage of measures more favorable to the masses, among them a revision of the financial reform of 1908, would be possible, provided of course that the Bundesrat would give its con- sent. The National-Liberal party now holds the balance of power in the Reichstag. Although the situation is not altogether agreeable to the government, it is nevertheless much better than before 1912. The government finds it compara- tively easy to work with the National-Liberals. [233] GERMAN GOVERNMENT AND POLITICS PARTY MOVEMENT AS SHOWN BY STRENGTH IN THE REICHSTAG 1871-1912 Parties *7I '74 '77 '78 '81 '84 '87 '90 '93 '98 '03 '7 *I2 Conservatives 54 21 40 59 5 78 So 73 72 56 52 60 43 Free Conservatives . 38 33 3S 56 2S 2H 41 20 28 23 20 25 15 Anti-Semetics; . . \ I 5 16 24 18 27 H Center (Clericals) . . 58 91 93 93 93 99 9^ 1 06 96 102 IOO 104 93 Poles, Alsace-Lor- raine representa- tives, Guelphs, 21 33 28 35 43 42 32 37 37 33 3i 28 30 Bavarian Farm- ers Union National Liberals \ and Allies . J 150 152 127 98 45 50 99 42 53 47 50 56 44 Liberals of the Left . 47 S 48 34 114 74 3- 76 43 50 36 5 45 Social- Democrats . . . i IQ 12 9 12 24 n 35 44 56 81 43 I 10 Independents 28 8 II 13 7 2 3 3 3 6 9 4 3 SELECTED BIBLIOGRAPHY LICHTENBERGER, H. "Germany and its Evolution in Mod- ern Times," Chapter V (The German Empire and her Home Policy). BULOW, B. VON. "Imperial Germany," Part II (Home Policy). LOWELL, A. L. "Government and Parties in Continental Europe," Vol. II, pp. 8 ff. OGG, F. A. "The Government of Europe," pp. 229 ff. BARKER, J. E. "Modern Germany," Chapters XVIII and XIX. [234] CHAPTER XVIII GERMANY'S FOREIGN POLICY SINCE 1871 G ERMANY has become great through the 1871 ~ army. Experience has taught her through The many sad lessons that, in view of its unfortunate devel p- location, the peace and glory of the Empire can Germany be preserved only by the maintenance of a strong as the . ! r lending army. A strong military force has been the state in basis for Germany's foreign policy. The Sep- Eur P eai tennate, l therefore, as well as most of the sub- macy sequent military legislation is to be remembered in this connection. 2 The aim of Bismarck's diplomacy was the isola- tion of France so that it could not think of revenge for Alsace-Lorraine. For this reason he cultivated a friendship with Austria and Russia and tried to bridge over the natural differences between these last two countries. In France Bismarck favored the republican form of government be- cause a union between autocratic Russia and re- publican France seemed to him quite impossible. In 1875 Germany experienced the first diplo- matic crisis since the Franco-German War. In that year France reorganized her army. It seemed 1 Cf. p. 227. 2 See especially the reorganization of 1887, p. 226. [235] GERMAN GOVERNMENT AND POLITICS to the General Staff of the German army that this reform which increased the army by 144,000 men was made in preparation for the Revanche. Two leading papers, the "Kolnische Zeitung" and the "Post," and several prominent men, among them Moltke, openly spoke of a "preventive war." Although the old Kaiser declared to the French military attache that there was no danger of a war from the side of Germany, the French gov- ernment nevertheless tried to create the impression at the courts of Vienna, London and Russia that Germany was menacing the peace of Europe. After a conference between Bismarck and Gort- chakofF, that Russian statesman, who in his measureless vanity liked to pose as peace-angel, wrote to his ambassadors: "The peace is as- sured," 1 and France lost its artificially created nervousness. Later on in the same year a revolt of the Chris- tians in Herzegovina broke out. The pan-slavis- tic element of Russia tried to push the Russian government into a war with the Sultan, but the Russian government was justly afraid of the objection of Austria to Russia's preponderance in the Balkans. January 15, 1877, however, a secret treaty was made, stipulating that Austria would not interfere with Russia's conquests in the eastern Balkans, but that Austria should be compensated with Bosnia and Herzegovina. The 1 Bismarck, "Gedanken und Erinnerungen," Vol. II, p. 174. [2 3 6] GERMANY'S FOREIGN POLICY Russo-Turkish War which followed ended with the peace of San Stefano. The terms of this peace would have dismembered Turkey and disturbed the European equilibrium too much in favor of Russia. England and Austria objected and a general European war was imminent. In this dangerous situation Russia asked Germany, who had only economic interests in Turkey, to bring about a compromise with the other powers of Europe. On June 13, 1878, the famous Berlin Congress was opened, in which under the leader- ship of Bismarck as "honest broker" the condi- . of Berlin tions of the Balkans were settled temporarily and a European war was avoided. By his honest work of pacification Bismarck earned nothing but ingratitude from Russia. She had expected that the great Chancellor would play the role of an umpire entirely in favor of Russia. But although Germany was frequently opposed to the radical desires of England and the other powers against Russia, she nevertheless did not act as the servant of Russia in her Eastern policy, and she supported Austria in her just claims to the regulation of the Serbian boundary and the possession of Bosnia. The result was an indig- nant letter from Czar Alexander II in which he placed Germany in the alternative of either sup- porting Russia completely or of breaking the old friendship between the two countries. Only Bismarck's masterful diplomacy saved Germany her valuable friendship in this crisis. First [237] GERMAN GOVERNMENT AND POLITICS of all he gave Russia to understand that a union with her was not an absolute necessity for Germany. To do this, he concluded on October 7, 1879, an alliance with Austria. The treaty Austri* 11 " declared tnat i ts purpose was the consolidation Alliance of peace in Europe. If, however, either power should be attacked by Russia, it was to be the duty of the other to come to the help of her ally. In case of war with other nations the stipulators were obligated to friendly neutrality. November 4, Kaiser William communicated the contents of the treaty of alliance to Czar Alexander II, emphasizing its peaceful intentions. The im- pression which this treaty made in Petersburg was excellent. Russia's policy towards the allied powers ceased to be commanding and aggressive, and the Czar sought to be on better terms with this strong alliance. At the same time it created again a close union between the two naturally friendly nations of Austria and Germany. Bismarck's desire was now to continue to pre- vent France from carrying on a war of revenge against Germany. When therefore in 1881 the French Ambassador in Berlin asked if Germany had any objection to the conquest of Tunis by France, he replied that Germany would not inter- fere in French policy outside of Europe. His desire was to withdraw the attention of the French people from Alsace-Lorraine. The conquest of Tunis, regarded by the Italians as an "old African province," and settled by 20,000 Italians, drove [238] GERMANY'S FOREIGN POLICY Italy to the side of the enemies of France. May 20, 1882, Italy joined the German-Austrian alii- ance, thus creating the Triple Alliance, first for a Alliance term of five years, after 1891 for twelve years. { ji~ A i r L ""fl At each successive expiration or the treaties the issa Triple Alliance has been renewed. After Bismarck had successfully rebuffed Rus- sia's arrogance, he began again to seek Russia's friendship, but on a different basis. He did every- thing in his power for the reestablishment of the old sympathetic relation. In spite of the antago- nism between Austria and Russia in their Balkan policy Bismarck brought about a secret treaty signed March 21, 1884, between Austria, Russia and Germany, in which the allied powers agreed to observe friendly neutrality in case of an attack from some other power. From the point of view of Russia this treaty was directed against Eng- land from that of Germany against France. This constellation of alliances was Bismarck's greatest diplomatic masterpiece after 1871. "After con- cluding the Triple Alliance against Russia and France, Bismarck accomplished the stroke of genius of getting Russia to guarantee it." 1 The diplomacy of Bismarck had reached its climax; it now ruled Europe. Germany with Austria as a strong first-class ally, with two friends of the second class, Italy and Russia, was completely secure and the natural arbiter of European politics. 1 A. Tardieu, "France and the Alliances," p. 136. [239] GERMAN GOVERNMENT AND POLITICS In 1887 the "Counter-Reassurance" between the three Emperors expired, and Austria declined to renew it, because of her differences with Russia in regard to the Eastern question. Bismarck, however, succeeded in concluding at least a treaty between Russia and Germany, which guaranteed him the non-existence of a Franco-Russian alli- ance. Bismarck was on friendly terms with Eng- land after he had secured the African colonies for Germany against England's protest and after the Kongo Conference. When he resigned in 1890, Germany undoubtedly had the hegemony in European diplomacy. The successor of Bismarck, Count Caprivi, destroyed in a short time the great structure The rise erected by the first Chancellor. To what extent of the {.fog y Oun g Kaiser's influence was responsible for Alliance Germany's diplomatic decline cannot yet be com- andthe p l e tely determined. It is certain, however, that Triple y . ' Entente he was in general the guiding spirit or Ger- man diplomacy. The first result of the "new course" was the dissolution of the intimate friend- ship with Russia. The government said that its reasons for giving up the Russian alliance were that the whole situation was too complicated indeed a skilful diplomat was required to handle the different alliances correctly and that the re- lations between Austria and Russia had become so strained that Germany had necessarily to give up Russia in order to preserve its loyalty to Austria. Russia was without any real necessity isolated by [240] GERMANY'S FOREIGN POLICY Germany. Just as needless at that time seemed to be the English friendship which Caprivi and the young Kaiser now wished to replace for that of Russia. This change in German diplomacy be- came clear, when Germany and England concluded a treaty on July I, 1890, by which Heligoland was ceded to Germany, while the boundary line in East-Africa was settled to the great advantage of England. Many of the statesmen and political writers at that time believed that the African explorer, Stanley, was right when he said: "Eng- land received a new suit for a trouser-button," and it seemed to them as if concessions had been made to England which were unnecessary, unless the politique grande had something to do with it. To-day there is nobody who denies that this ex- change was a master stroke of German diplomacy. The immediate result of this new policy was the Franco-Russian Alliance. The idea of this al- \ iDual Alliance liance was not new. It had been the dream of many a French statesman and in Russia it had many friends and advocates, especially Gort- chakoff, and the Pan-Slavists, who were jealous of Germany and believed that a strong France was necessary for European equilibrium. 1 As early as 1887 an open breach between the governments of Germany and Russia seemed 1 Gortchakoff's policy in the year 1875 had been influenced by his personal jealousy of Bismarck, and the liking felt for France by the Pan-Slavists. See Blum, H., "Bismarck und seine Zeit," Vol. VI, pp. 175 ff., and Vol. V, pp. 230 fF. [241] GERMAN GOVERNMENT AND POLITICS inevitable, and it was only avoided through Bis- marck's skilful diplomacy. In the spring of that year a tariff war broke out between Russia and Germany, which created a bitter feeling in both countries. The tension was increased by the attempt of the Czar's government to Russify by force the German-Russians in the Baltic provinces. In January, 1888, the Russian gov- ernment asked the German Imperial Bank for a loan, which was refused. Thereupon a French syndicate offered to subscribe for the loan. The offer was accepted and in the years 1889 and 1891 other loans followed. This action showed the friendly sentiment of the French people for Russia and created a solid financial basis for the future alliance. Tardieu estimates the entire amount of Russian loans in France at twelve billion francs. The alliance between the two powers was con- cluded August 22, 1891. German diplomats, in the vain confidence of superiority, made the mis- take of ridiculing it as a comedy and nothing but the relation of a creditor to his debtor. But they soon saw their mistake. The meaning of the creation of the Franco-Russian Alliance was that the time of Germany's hegemony was over, the balance of power was reestablished in Europe. Andre Tardieu, an interesting, patriotic and at the same time sufficiently cool writer on diplo- macy, says: "The Franco-Russian Alliance in- sured us in Europe a moral authority which, since our defeats, had been wanting to us. It [242] GERMANY'S FOREIGN POLICY augmented our diplomatic value. It opened to us the field of political combinations, from which our isolation had excluded us. From mere ob- servations, we could pass to action, thanks to the recovered balance of power." * Prince Biilow said in 1902 to Mr. Tardieu: "The Triple Alliance and the Dual Alliance are the chief supports of the European balance of power." "This was," continues Tardieu, "implicitly admitting that until the latter was an accomplished fact, the equilibrium did not exist." The Dual Alliance has several times shown its strength as a powerful factor in European di- plomacy. Germany understood fully what Mr. Tardieu meant, when he said: "Let us once again repeat that one has only to look at a map to be convinced that, in a Continental war, Russia alone would be able to immobilize part of our adversaries' forces and reciprocally." z The period following the creation of the Franco- Russian Alliance was a time of general peace. It was, however, an armed peace. Every nation continued to increase her army. England was in general friendly to the Triple Alliance, but did not show any intention to join it. She believed in her so-called policy of "splendid isolation." The balance of power on land was not of such great importance to her as her preponderance on the ocean. 1 A. Tardieu, ibid., pp. 13-14. 2 A. Tardieu, ibid., p. 34. [243] GERMAN GOVERNMENT AND POLITICS With Prince Hohenlohe's chancellorship, Ger- many gradually returned to Bismarck's diplomatic 1 principles and began to develop her world-policy noseki, fully. In the peace of Shimonoseki between Japan and China, April 17, 1895, the German envoys together with those of France and Russia protested successfully against Japan's desire to take the Liao-tung peninsula, including Port Arthur, from China. Japan was thus for the immediate future driven to the side of England and the United States. During this year began the hostility between German and English public opinion, represented especially by the newspapers, and this was increased by the telegram of con- gratulation which William II sent to Kruger on account of the defeat of the Jameson raid * in the year 1896. But although England became more and more hostile to Germany, she did not show any desire to join the Dual Alliance, on ac- count of the attitude of France towards the Egyptian question. The close of the ninteenth century saw a steady and enormous increase of armies and navies. In 1898 and 1900 Germany passed its first naval acts showing its serious determination to enter the field of world-politics. In spite of the fact that public opinion of Germany and England grew more bitter every day, the relations of the two governments improved and were even cordial, 1 It should not be forgotten that the press of France, Russia, and the United States took the same attitude. [244] GERMANY'S FOREIGN POLICY as could be seen in the Samoa treaties, the Ger- man concessions in regard to the Cape-Cairo telegraph line passing through German East- Africa, the strict neutrality of the German Gov- ernment during the Boer War, in spite of the tremendous enthusiasm of the German people for the Boers, the Anglo-German agreement in re- gard to China in 1900, and the English-German- Italian action against Venezuela in 1902-3. But now the English government began to follow pub- lic opinion at home, to approach France, and to take a hostile attitude towards Germany. The main reason for it was England's economic jealousy. While in former times England's eco- nomic supremacy was undisputed now the rapidly expanding commerce and industry of Germany began to displace English goods in the world mar- ket. The reports of the English consuls created a tremendous excitement in the business world and among the mass of the people. As Tardieu says: "The economic menace was bound to provoke a chronic state of nervousness, which soon developed into an obsession. The English grew to think that Germany's policy was everywhere aimed against them." 1 Thus the creation of a German navy, which was officially stated not to be aimed against England directly, 2 was taken as a step toward the invasion of England and the destruction of its naval supremacy. Unfortunately the Pan-Ger- 1 A. Tardieu, ibid., p. 55. 1 Cf. Chapter V. [245] GERMAN GOVERNMENT AND POLITICS man Union and press, whose policy has again and again been officially rejected, did its best to excite English public opinion and to create a wrong impression in the whole world about Germany's intentions. The power of the Pan-Germans is usually far overestimated to the detriment of Germany. 1 The rapprochement between France and Eng- land was accomplished by the colonial agreement of April, 1904. According to this, France gave up her opposition to England's acquisition of Egypt and in turn France received England's support in her penetration of Morocco. This agreement settled also some other differences of minor im- portance. It was stipulated that the two sig- natories "should lend each other mutual help diplomatically for the execution of the clauses of the present declaration." Without any doubt England won more by this agreement than France. "France's adhesion to Great Britain's Egyptian policy confirmed existing situations and con- stituted a real profit for her, whereas in Morocco she granted to France virtual advantages, pros- pects and possibilities only. France paid cash down, England by draft." 2 Here begin England's attempts to isolate Ger- 1 E.g., A. C. Coolidge, in his well-known book "The United States as a World Power," gives the impression that he does not discriminate between the wishes of some extreme Pan- Germanists and the German people and their government. 2 Tardieu, ibid., p. 65. [2 4 6] GERMANY'S FOREIGN POLICY many, the so-called "policy of encirclement." 1905-06. Germany had consented to the Franco-English Confllct agreement as far as Egypt was concerned. For Germany the interest of her growing commerce, however, a * 016 she had insisted that the principle of the open Entente door should be recognized in Morocco. Since the French people showed their intention to conquer this country, which, without precautions, would have excluded or at least injured German commer- cial interests, the German Kaiser undertook a visit to Tangier in 1905. To the representative of the Sultan Abdul Aziz he spoke as follows: "I hope that, under the Sultan's sovereignty, a free Morocco will remain open to the pacific competition of all nations, without monopoly and without annexation, on a footing of absolute equality. My visit to Tangier is intended to make known the fact that I am resolved to do all that is in my power properly to safeguard the interests of Germany, since I consider the Sultan as being an absolutely free sovereign." l From these words, the spirit of which has often been repeated, Germany's position was defi- j* rocco nitely taken in opposition to the conquest of that crisis of country. France naturally resisted Germany's 1 demand to have the situation fixed by an inter- national conference. At the same time Ger- many demanded the dismissal of Delcasse, who, as Minister of Foreign Affairs since 1898 had tried in every way to isolate Germany. He was re- 1 Tardieu, ibid., p. 177. [247] GERMAN GOVERNMENT AND POLITICS garded by all as a constant menace to Germany. France was in a bad situation. She was entirely unprepared for a war and her only ally on the con- tinent, Russia, was suffering defeat after defeat in her war with Japan. The French government yielded to both demands of Germany. Germany had triumphed, France had suffered a great humil- iation. But instead of using her first victory and after defeating France quickly by diplomacy ex- cluding her once and forever from the European Concert, Germany waited six precious months. By that time the situation had changed entirely. France had prepared herself for a war; Russia had recovered a little from her defeat, and was ready to come to the help of France; Spain was drawn closer to France; and England joined the other allies of France. The Con- German diplomats in addition to their former ference of . . , , , .... Aigeciras mistake made another by not recognizing this change and by acting as if they were the masters. Their proposals were in general not extreme; they were as follows: sovereignty and independ- ence of the Sultan; the integrity of his country; economic liberty without inequality; the utility of police and financial reform, the introduction of which should be regulated for a short period by international agreement. France made her coun- ter proposals. The organization by France and Spain of an international police in Morocco was opposed by Germany, but she had to yield to the demands of France and her allies. Germany had [248] GERMANY'S FOREIGN POLICY overestimated her strength. Of the more impor- tant powers only Austria assisted her, while even Italy voted with her enemies. Germany, however, had no reason to blame Italy, as the Moroccan question was not one of the articles of the Triple Alliance but a question of the Mediterra- nean, and Germany had always refused to support Italy in her Mediterranean policy simply because of the existence of the Triple Alliance. 1 Therefore Italy who wanted to secure the consent of France for the imminent acquisition of Tripoli, had a right to act in disharmony with Germany. Nor did the position which Italy took in the Morocco question really reflect her attitude towards the Triple Alliance, for, as said before, this question was not one of the Alliance. The German government and the people looked at the Morocco question from two points of view. As Prince Billow said: "In the incidents which have arisen during the past six months or so, there are two distinct things to consider. Morocco is the first; general policy is the second. In Morocco we have important commercial interests; we intend and we shall still intend to safeguard them. In a more general way, we were obliged to reply to a policy which threatened to isolate us and which, in consequence of this avowed aim, assumed a distinctly hostile character with regard to us. The Moroccan affair was the 1 We agree in this regard with A. Tardieu, "La Con- ference d'Algesiras," pp. 61-62. [249] GERMAN GOVERNMENT AND POLITICS most recent and most clearly manifested example of such policy. It furnished us with an opportu- nity to make a necessary retort." l The following two years, 1907 and 1908, showed From t h e partial success of the attempts to isolate 1906 to the Germany. She was disliked all over the world, outbreak g ne | ia( j a gain on account of her military of the riji European strength the respect of everybody, but the War love of nobody. The " Daily Telegraph" affair 2 increased the universal distrust of Germany and her Kaiser. Naturally the German government more than ever before refused to discuss vague plans of disarmament, which were proposed all over the world. On the contrary Prince Biilow declared in the Reichstag that "Germany's arma- ments will be kept so strong that no power or coalition of powers shall care to come into con- flict with her." At the end of 1908 Austria-Hungary annexed Austrian B osn j a _Herzegovina, and found in doing so strong tion of support from Germany against Russia, who tried to back the Pan-Serbian demand of compensa- govina tion for these two provinces. Russia finding no support from her allies and threatened with war by Germany, finally had to withdraw her support from Serbia, who alone was powerless. This affair improved the diplomatic prestige of Ger- 1 A. Tardieu, ibid., p. 190. Prince Biilow in a private in- terview with the author. 2 See pp. 93 ff. [250] GERMANY'S FOREIGN POLICY many and showed the lack of cohesion in the Triple-Entente. In 1909 an agreement in regard to Morocco was reached between France and Germany, by which Germany recognized the special political interests of France in Morocco, while France pledged herself to respect Germany's commercial and industrial interests in Morocco. The year 1910 was a quiet year. In Asia the final partition of Persia between England and Russia began. As long as her economic rights were observed, Germany had no interest there. 1 However, the economic interests of Germany in Turkey and Persia were very great, especially on account of the Bagdad railway scheme. In The 1899 Turkey, and a society controlled by German Railway money (the Societe du chemin de fer Ottoman d'Anatolie) concluded a contract which granted this company the right to build a railroad between Konia and Basra through Bagdad within eight years. The building of the railroad was started in 1902. Now German capital which already before had been interested in Turkish enterprises began to come in more and more. The ties which bound Turkey to Germany became stronger and stronger. As far back as 1883 German generals had drilled the Turkish army. Turkish military and civil officers were trained in Germany. In 1 Billow, on April 30, 1907, had said in the Reichstag: "In Persia Germany only claims freedom of movement in the commercial sense, without any political arriere pensee. [251] GERMAN GOVERNMENT AND POLITICS 1898 the German Kaiser visited Constantinople and Palestine and it was in Damascus that he assured "His Majesty, the Sultan, and the 300, Germany ooo,ooo Mohammedans, scattered about the ottoman earth" that "at all times the German Kaiser is Empire their friend." The Turkish government and the people of Turkey had come to realize that Ger- many alone of all European powers had solely economic interests in territory inhabitated by Mohammedans, and that Germany was their most dependable friend against Russian and English territorial aggressions. Germany's in- terests in a strong Asiatic Turkey had become so great that Bismarck's words, "that the whole Oriental question was not worth the sound bones of a single Pomeranian grenadier" were true no longer. Since the partition of Persia could not be Potsdam stopped, Germany by the "Convention of Pots- a, i c 8 sill III *l 1 W *"* a *o w OJ s 8 ' *fl V W&RTEMB * d P i. Kamme Do. Among the ap bers must be: commerce an try; 2 agri.; e ll |J| ^ V i 1 3 " 1 g 1 d P ^ 1 * a 1 ;|| a If d P 01 a | a '"'S v v |^- J| 1J !<1 1 E 1 ill a c " M < 2 IJ3> L 5 ^ d 3 d h /5c/j'^ 2a3 d M P | 3 | ^3 b.a || P 1^ 'H c;s s ** w PRUSSIA reditary constitu- >nal monarchy Two chambers rrenhaus. Royal ma- r princes. Certain embers of the nobility, r o m i n e n t men ap - linted by the monarch Abgeordnetenhaus t/i i_i ? ^'3" n^ 5/3 ^ CA) JJ ivinzen. Regierungs- zirke u b a T3 d c X 3 a'- 3 .2,8 aa 1 3 ' S Jil &* 6 s H W g g g ^ en 8 i % S 1 I 5 3 a g S5 S 2 " i & & 3 |a s o u O PH a A 1 s ^2- [312] 3 i Jt o I 1| >>" 1 i | 8 B 2 Is 1 o a o l| i D 1 1 fl II :< n II ^' S oo I E IS o 1 SB Q TJ p 1 6 * H oc/: a a *8 1 S5 M A *a 3 M H a! 3 2 ".2 | J g n a 13 H 8 a > *"* G B ' 1 (J Q, 0) Q 1 Q |J o SAXE-WEIMAR- ElSENACH o O One chamber Landtag Sbyhighesttaxed landowners, 5 by other high taxed citi- zens, 23 by universal, indirect, secret suf- frage State Minbtry Bezirksdirektionen o Q | 1? 1 W reditary consi nal monarchy Two chambers i. Kammer As Prussia 2. Kammer taxpayers, sec :ect te Ministry. Ac rative Court Krcisamt b c 1 -3 3 13 S 5 E i H B O t-3 V) si i a S S i B S S 1 i |f i I 1 i w 5 " o u o m 3 ^^ * [313] ajjj" H II ' ita mo er tion H o 3 X-M t- Ui -> 3 . O .SU s > VJ3 3S IS [314] 1 S 03 E - a b ig J " ^f o S O c, S c C a J to z o 9 .3 o 3 I tf 1 o o o i "ja I o H Q O j 5 "3 .S3 Q w "3 tfj 4J JJ 3 1 In V Q WTJ j M A gj c ff B H I| o o 6 o < O O Q J 3y Q Q Q 804 -4J 1 SCHWARZBURG- SONDERSHAUSEN editary Consti- ional Monarchy One chamber Landtag pointed by monarch, y highest taxed, 6 by et, direct, universal rage .2 .S 9 1 S 8 b I 1| ._C ^3 o 3 rt 3 .ti g W ** vo CJ B u W FORM OF GOVERNMENT PARLIAMENT Q (ft) LOWER Houi 1 ADMINISTRATIO> (o) CENTRAL a a S 9 (c) COMMUNES [315] wg " o i.=r.j.-n V js.a S o bers electc meeting if the sena 3 I I* 1 i t jipL F the Sena ^8 Si s^ 2 8 Q EJ - - j Q .8 tS > * E o "'-C B*a c E-a^ J E rt o*oi' 1 1 c -*I n - 3 O ^^ "5 o J3 1 J N Sx 1|1 -L i>.S ** ^* ej s *s i 1 o Q !* I O aj ^ S t 13 H O*M M M ||l 1 ii ||* ^j ji ^ Cj hi 0-j, ^"* HAMBURG V ife members el the lower hoi | 1 pecial volume detail, only a .0 signs must 1 >, 2 08" "**"** M a.S'-S M M H 8 J= 1 O | I 1 B h 1 fr Q y O B -' V et B o i | Q 9 & O 3 Z M 2 " .2 u i ^ 5 p, in s si j Jd 3 a :a 3 5 ,*j w AUMBURG- LlPPE ereditary stitutional >> hi c e chamber 1 T C \ 1 S-g *> X -S 3.^ u Le Ministry ndratsamt d 1 K 8 a O JfelljfSili 3 55 Administration of German Empire, civil service, 117, 118; pensions, 119; weights and measures, 119, 120; currency and banking, 120-122; protection of patents, 122, 123; super- vision of trade and in- dustry, 123-127; state insurance, 127-132; regu- lation of medical practice, 132; medical and veteri- nary police, 132, 133; increased expenses of, 134, 135 Administrative Authority, 30, 117 Administrative courts, 8, in, 198-204 Administrative law, 198-202 Administrative property, 140 Afghanistan, 263 Africa, early colonial expe- riences in, 165 Agadir, 252 Agrarian Union, formation of, 205, 206, 210 Agrarians, opposition of, to Caprivi, 103; to develop- ment of canals, 170; in- fluence of, 205, 206, 210, 228; party growth of, 234 Agricultural interests, sup- ported by Conservatives, 205, 206, 210 Agriculture, regulation of, 41 Albania, 255 Albert, Prince Consort of Great Britain, 83, 84 Alexander II, Czar, 237, 238 Algeciras, Conference of, 248- 250, 252 Aliens, naturalization of, 6, 7 A II gem fine Landrecbt, 183 Alsace-Lorraine, area of, 3; religious denominations in, 4; representatives of, ad- mitted to Bundesrat, 27; becomes part of German Empire, 27; special priv- ileges of, 42; representa- [317] INDEX tives of, in Reichstag, 48; votes of, in Bundesrat given to Prussia, 64, 65; Bun- desrat committee on, 67; governmental authority of Kaiser over, 77; Hohenlohe governor of, 104; separate Fiskus of, 140; railroads of, 140, 168; army of, 150; history of, 176; Germanic character of inhabitants of, 176, 177; annexation of, to Germany, 177; develop- ment of, under the German Empire, 177-179; present status of, 180-182; desire of France for revanche for loss of, 236, 238, 254 Alsatians, in Reichstag, 144, 214, 234 Amendments, to German Constitution, 24, 25 Amtsanwalt, 197 Amtsgericht, 192, 197 Amtsrichter, 192 Anhalt, representation of, in Reichstag, 48, in Bundesrat, 64 Annual Register, 105, 106 Anti-Semitic Party, 234 Anti-Semitism, 208, 210 Anti-socialist legislation, 222- 224, 227 Appeal, Courts of, 192 Army, necessity of strong, 2. 3> I57-I59> 235; service in, duty of citizenship, 8; [318] increase in size of, 31; finances of, 32; Kaiser Commander in Chief of, 77, 150; reorganization of Prussian, by William I, 80, 81; reformation of, by Caprivi, 103; suprem- acy of Prussia regarding, 114; increased expenses of, 134; additional taxes caused by increase of, 149- 153; military service in, 153-156; the Septennate, 226, 227, 235; foreign policy based on strength of, 235 Arndt,A., cited, 25 n,33, 77 n Aufsichtsamt fiir Privatver- sicherungen, 204 August Treaty, the, 19, 36 Ausfiihrungsgesetze, 188 Ausschusse, 66 Austria-Hungary, 2, 13, 14; rivalry with Prussia, 15; excluded from Constitution of German Empire, 16; left out of Deutsche Zollverein, 17; war with Prussia, 18, 19; Bismarck's leniency toward, 99; commercial treaty with, 103, 137; Bismarck's cultivation of, 235; treaty between Russia and, 236; objection of, to terms of Peace of San Stefano, 237; alliance of 1879 with Germany, 238; INDEX formation of Triple Alli- ance, 239; alliance with Germany and Russia, 239; strained relations with Russia, 241; aids Germany in Morocco crisis, 249; annexation of Bosnia- Herzegovina by, 250; the Great War, 256 Austrian Code, 183 BADEN, area of, 3; joins North German Federation, 22; special privileges of, 42, 121, 130 n; reserved privileges of, 43; repre- sentation in Reichstag, 48, in Bundesrat, 64; Civil Code in, 183 Bagdad railway, 251, 252 Balkan League, 255 Balkans, attempts of Russia to dominate, 236, 237, 255, 256; claims of Austria on, 236, 237; peace restored in, by Germany and Eng- land, 254 Baltic provinces, 242 Bank, Imperial, 42 Banking, regulation of, 119- 122 Bankruptcy Law, 191 Barker, J. E., quoted, 94 n, 156, 172; cited, 173 n, 231 n Bavaria, area of, 3; demo- cratic tendency of, 3, 4; joins North German Feder- ation, 22; contingent of, in German Army, 31, 150, 151; criminal military law of, 32; special privileges of 42,43, 65, 118-121, 130 n, IS 1 * I73 *74> 203 n; rep- resentation of, in Reichs- tag, 48, in Bundesrat, 64- 66; limitations of, on mili- tary power, 77; union of, with Prussia advocated by Hohenlohe, 104; military budget of, 145; Civil Code in, 183; Oberstes Landes- gericht in, 193 Bavarian Farmers Union, in Reichstag, 234 Bebel, 46, 222 n Belgium, 2, 137, 256 Bennigsen, 216, 221, 225, 226 Berlin, Congress of, 99, 237 Bernhard, Prof. L., quoted, 127, 128 Besoldungsgesetz, 117 Bethmann-Hollweg, 106, 253 B. G. B. (Biirgerliches Gesetz- buch), see German Civil Code Bismarck, Herbert, 265 Bismarck, Prince, policy of, before Austrian war, 17, 18; "blood and iron" doc- trine of, 18; Constitution of North German Federa- tion dictated by, 19; atti- tude of toward changes [319] INDEX in Constitution, 24, toward universal suffrage, 46, to- ward representation of all interests in Reichstag, 58; friendship of William I for, 81 n, 83; made Minister of William I, 82; genius and power of, 83; opposi- tion of Frederick III to policies of, 84, 85; rupture with William II, 95, 96; personality and importance of, as Chancellor, 98-102; resignation of Prussian premiership by, 108 n; attitude toward Matri- kularbeitrage, 138; protect- ive tariff introduced by, 141; Imperial monopolies planned by, 141, 142; re- luctance of, to annex Al- sace-Lorraine, 177, 235; struggle with Catholic Church, 217-219; breach with National Liberal Party, 219-221; dislike for English form of Govern- ment, 220; anti-socialistic attitude of, 221-224, 226; attitude toward tariff, 100, 224, 225; diplomacy of, 235-240; policy for isola- tion of France, 235, 238; cultivation of Austria and Russia, 235; leadership of Congress of Berlin, 237; formation of alliances with, [320] Italy, Austria, and Russia, 2 38 239; diplomatic dom- ination of Europe accom- plished by, 239, 240; Colo- nial policy of, 261, 263- 267; quoted, 18, 20, 21, 24 n, 39, 40, 47, 48, 95, 98, IOO, IOI n, 108, 109 n, 138, 22471, 236, 252, 266, 267 Bliicher, 79 Blue-Black Bloc, 39, 229, 230, 232 Blum, H., cited, 241 n Bodin, cited, 36 Boer war, 93, 94, 245 Bonaparte, Napoleon, see Napoleon Bonn, University of, 83, 88 Borchard, E. M., quoted on 187, 188 Bosnia, 237 Bosnia-Herzegovina, 250 Braunschweig, representation of, in Reichstag, 48, in Bundesrat, 64 Bremen, special privileges of, 42; reserved privileges of, 43, 44; representation of, in Reichstag, 48, in Bundesrat, 64; naval docks at, 162 Brunswick, 64 Bucher, Lothar, 19 Budget, controlled by Reichs- tag, 28, 145, 146; military, 32, 145; constitutional pro- vision for, 144, 145; work- ings of, 145, 146 INDEX Billow, Prince, resignation f> 39 93> 94 I0 6 chan- cellorship of, 104-106, 230, 232; quoted, 40 n, 243, 249, 250, 2Sin, 254 Bulgaria, 255 Bund der Landwirte, 205, 206 Bundesacte, 14 n Bundesrat, of German Em- pire, power of, to defeat constitutional amend- ments, 24, to decide con- stitutionality, 25; repre- sentation of Alsace-Lor- raine in, 27; increased im- portance of, 28; members of, 38; legislative powers of, 45; members of, ad- mitted to Reichstag, 55, 68; composition of, 64; or- ganization of, 65-67; posi- tion of members of, 67, 68; functions of, 68-70; judi- cial powers of, 70; charac- ter and principles of, 72, 73; personnel of, 73; law- making process, 110-116; coinage regulated by, 120; financial reforms proposed by, 142, 143; budget fixed by, 145, 146; control over finances by, 146; control of railroad rates by, 168 Bundesrat, of the North German Federation, 22, 74 Bundestag, organ of the Deut- sche Bund, 14; functions of, 14, 15; reestablished, 17; corresponds to Bundes- rat, 64 Bundesversammlung, see Bun- destag "Bureau," of the Reichstag, CANALS, importance and de- velopment of, 170-173 Cape-Cairo telegraph line, German concessions to, 245 Capital punishment, 190 Caprivi, made Chancellor, 102; character and ad- ministration of, 103, 228, 229; resignation of Prus- sian premiership by, 108 n; second head of navy, 160; commercial treaties made by, 103, 137, 228; destruc- tion of Bismarck's diplo- matic structure by, 240 Caroline Islands, sold by Spain to Germany, 265 Cartel Reichstag, 227, 228 Catholic Church, struggle of Empire with, 217-219 Catholics, proportion of, in Germany, 4, in Reichstag, 62, in Center, 206, 210, in colonies, 274; control of Clerical Party by, 210. See also Clerical Party Center, the, in Reichstag, 53, 60,214; attitude of, toward Alsace-Lorraine, 181; com- INDEX position of, 206, 210, 211. See also Clerical Party Chancellor, Imperial, ap- pointed by Kaiser, 29, 76; must be Prussian Prime Minister, 30, 97, 108; re- sponsibility for military budget, 32, for Kaiser's acts, 78, 79, 97; chairman of Bundesrat, 65, 97; con- stitutional position of, 97, 98; Bismarck, 98-102; Caprivi, 102, 103; Hohen- lohe, 103, 104; Billow, 104-106; von Bethmann- Hollweg, 106; head of Reichsbank, 122 China, 135, 244, 245 Citizenship, German, means of acquiring, 5-7; loss of, 7, 8; duties pertaining to, 8; suffrage conferred by, 50 Civil Service, 5, 117, 118, 154 Civil Service Law, Imperial, see Reichsbeamtengesetz Clausula Frankenstein, 26, 139, 142 Clerical Party, 39; repre- sentation of, in Reichstag, 49, 54, 6l, 72; seating of, in Reichstag, 53; Bis- marck's struggle with, 99, 100; Billow's struggle with, 106; principles of, 207, 210, 211; struggle with government over Papal [322] authority, 217-219; history of, 217-234 Code Napoleon, 183 Collier, Price, quoted, 96 Colmar, 179 Commerce, foreign, 164, 165 Commercial treaties, with foreign countries, 103, 137 "Communist Manifesto," 222 "Confederate Execution," 15 Conservative Party, 39, 47; representation of, in Reichs- tag, 49. 53, 54> 62, 72; seating of, in Reichstag, 53; opposition of Billow to, 106; attitude toward Al- sace-Lorraine, 181, 182; composition and principles of, 205-210; history of, 215-234 Constantinople, visit of Wil- liam II to, 252 Constitution of German Em- pire, citizenship under, 5; lacks "bill of rights," 7; adopted by St. Paul's Parliament, 16; adoption of present, 22, 23; changes in, by amendment, 24-27; legislative powers of Reichs- tag and Bundesrat under, 45; pri ileges of Reichs- tag members under, 57; organization of Bundesrat under, 65-72; power con- ferred on Kaiser by, 76, 77; INDEX position of Chancellor un- der, 97, 98; law-making process under, 110-116; internal administration un- der, 117; regulation of medical practice under, 132, 133; army organiza- tion based on, 150, 151; government ownership of railroads under, 167, 168; Imperial posts, telegraphs, and telephones under, 173, 174; administrative law based on, 202. Set also Reichsverfassung Constitution, of the North German Federation, 21, 74 Constitution, of Prussia, 7 Consular officers, 8, 134 n, 258 Coolidge, A. C., cited, 246 n Courts, creation of, 30, 31; inability of, to pass upon constitutionality of laws, 115,116; disciplinary, 1 18; organization of, 191-194. See also Administrative Courts Credit, of states, 41 Crimen laesae majestatis, see Lese-Majeste Criminal Law, 188-191 Criminal Law Code, quoted, 8 n, 51, 52 Criminals, 7, 8 Crown Prince, see Frederick William Currency, regulation of, 119- 122 Customs Duties, 136, 137 " DAILY TELEGRAPH," the, interview of William II with, 92, 93, 250 Damascus, visit of William II to, 252 Danes, in population of Germany, 4; in Reichstag, 214 Danish Law, of Christian V, in Schleswig-Holstein, 183 Danzig, 161 Delcasse, 247, 248 Denmark, 2, 84 Dernburg, 267, 268 Deutsche Bund, 14-16 Deutsche Kolonialgesellscbaft, 261 Deutsche Zollverein, 17 Deutscher Kaiser, see Kaiser Deutscher Kolonialverein, 261 Deutsches Reich, see German Empire Dicey, cited, 201 Diplomatic officers, 8, 257, 258 Disciplinary Courts, see Courts Dispositionsfond, 78 Dissidents, in Reichstag, 62 Disziplinarhof, 118, 119 Disziplinarkammern, 118 Divorcees, citizenship of for- eign, in Germany, 5 [323] INDEX Dollinger, Prof., opposition of, to Papal Infallibility, 218 Dreibund, see Triple Alliance Dnikonigsbund, 16 Dual Alliance, formation of, by France and Russia, 241-243; German domina- tion of Europe overthrown by, 242, 243 Du Buy, Dr., cited, 37 ECONOMIC UNION, composi- tion and principles of, 206, 207, 209 Egypt, 264 Eicbungsdmter, 119 Elections, to Reichstag, 50-53 Elector, the Great, 157, 170, 260 n Emigration, from Germany, 261, 262 Engels, 222 Engere Rat, 14 England, see Great Britain Erbrecht, 1 88 Erfurt, Parliament of, 19 Espionage Law, 191 Excise taxes, 137 Exemptionsprivilegien, 42-44 Exports, increase of, 164 Extradition, 8 Familienrecbt, 1 88 Farmers' Union, 103 "Federal execution," 77 Feldzugmeisterei, 149 Ferrier Ministry, in France, 265 Finances, state and Imperial, 26,31; of army, 32; state, 41; increased expenses of Empire, 134, 135; sources of income, 135-140; debts of Empire, 140-142; un- satisfactory condition of Imperial, 142, 143; budget, 144-146; control over Im- perial, 146, 147; collection of Imperial revenues, 148 Fiskus, 32, 140 Forbes, cited, 80 Foreign affairs, administered by Empire, 41, 256-258; Bundesrat committee on, 66; in hands of Kaiser, 76, 256-258 Foreign Office, organization of, 256, 257; Diplomatic service, 257; Consular serv- ice, 258 Foreign policy, 235-256 Fortscbrittlicbe Polkspartei, 225 Fortscbrittspartei, 2i6n France, 2; protectorate over Rkeinbund, 13; Germany's first war with, 21, 46; am- bition of, for colonial em- pire, 88; William II arouses hostility of, 93; Bismarck's preparation for war with, 99; Germany's policy for isolation of, 235, 238; dip- INDEX lomatic crisis of 1875 with Germany, 235, 236; desire for revanche, 236, 238, 254; Dual Alliance formed with Russia, 241-243; opposi- tion to Japan, 244; rap- prochement with England, 246-248; Morocco affair, 247-249, 25 1-254; strained relations with Germany, 256; the Great War, 256 Franchise, of the Reichstag, 46,50 Franco-German War, 84, 140, 141, 178 Frankfort Assembly of Princes, 19 Frankfort-on-the-Main, 14, 15, 17; annexed by Prussia, 19; vote of, in Bundesrat given to Prussia, 64 Franz Ferdinand, Archduke, assassination of, 256 Frederick II, of Prussia (the Great), 82, 83, 158, 170 Frederick III, as Crown Prince, quoted, 40 n; suc- ceeds William I, 83; early life, 83; marries Princess Victoria of England, 84; dissatisfaction with Min- istry of Manteuffel, 84; opposition to policies of Bismarck, 84-86; takes part in war with Denmark, 84; military ability of, 84, 85; interest in social re- form, 85; becomes Regent, 85; illness and death, 85, 86; liberalism of, 86; suc- ceeded by William II, 87 Frederick William, of Bran- denburg, see Elector, the Great Frederick William I, 158 Frederick William III, of Prussia, 79 Frederick William IV, of Prussia, 16, 19 Frederick William, Crown Prince, quoted, 12 Free Catholics, proportion of, in Reichstag, 62 Free Conservative Party, rep- resentation of, in Reichstag, 53; composition and prin- ciples of, 206, 207, 209; history of, 216-234 Free Thinkers, proportion of, in Reichstag, 62 Free Thinking People's Party, 225 Free Thinking Union, 225 Free Trade, Bismarck's atti- tude toward, 100, 224,225; political support of, 207 Freisinnige Vereinigung, 22$ Freisinnige Folkspartei, 225 French, in population of Germany, 4 Fried, A. H., cited, 89 n Gefdngnis, 191 Geheime Justizrat, 193 n [325] INDEX Genuine Deutsche Recht, 183 Genossenschaftsdmter, 204 Gericbtsdiener, 198 Gerichtssekretdre, 198 Gericbtsverfassungsgesetz, 191 Gerichtsvollzieher, 198 German Civil Code, history of, 183-187; scope of, 187-188 German Colonial Club, 261 German Colonial Society, 261 German Colonies, area of, 3; increased expenditures on, 135; naval protection needed for, 165, 166; need for, 261, 262; acquisition of, 263-266; early attitude of England toward, 263; colonial policy, 267, 268; administration of, 268, 269; territory of, 269; sub- jects in, 270; government of, 270-274 German Confederation, of 1815, see Deutsche Bund German Customs Union, see Deutsche Zolhertin German East-Africa, bound- ary settlement with Eng- land, 241; concessions to England in, 245; occupa- tion of, by Germany, 264, 265; administration of, 271 n, 272; military organ- ization of, 273; finances of, 273. 274 German East-African Society, 264 [326] German Empire, territory and climate of, i, 2; neighbors of, 2; effect of location on, 2, 3, n, 12, I S%> I S9> area of, 3; colo- nial possessions of, 3; po- litical divisions of, 3, 4; population of, 4; religious denominations in, 4, 5; citizenship in, 5-9; in- stitutions of, influenced by racial character, 9-12; causes leading up to forma- tion of, 13-20; adoption of Constitution of, 22, 23; birth of, 22, 23; develop- ment of Constitution of, 24-29; increased impor- tance of the Bundesrat, 28, of the Reichstag, 28, 29, of the Kaiser, 29, 30; ad- ministrative centralization of, 30; courts of, 30, 31; administration of legisla- tion of, 31; military cen- tralization of, 3 1, 32; struc- ture of, 33; nature of, 33- 38; relation of, to the states, 40-42; special privi- leges of states, 42-44 ; leg- islative powers of Reichs- tag and Bundesrat, 45, 46; universal suffrage in, 46- 48; constituencies in the Reichstag, 48-50; qualifi- cations of voters in, 50; elections to Reichstag, 50- INDEX 53; conduct of business of Reichstag, 54-56; personnel of Reichstag, 59-62; com- position of Bundtsrat, 64; organization of Bundesrat, 65-67; functions of Bun- desrat, 68; praesidium of, conferred on Prussia, 74; functions and powers of Kaiser, 75-78; William I, 79-83; Frederick III, 83- 87; William II, 87-96; chancellorship of Bismarck, 98-102; of Caprivi, 102, 103; of Hohenlohe, 103, 104; of Billow, 104-106; of von Bethmann-Hollweg, 106; vice-chancellorship, 107; leadership of Prussia in, 108; law-making proc- ess of, 111-116; internal administration of, 117-133; pensions, 119; weights and measures, 119, 120; cur- rency and banking, 120- 122; protection of patents, 122, 123; supervision of trade and industry, 123- 127; state insurance, 127- 132; regulation of medical practice, 132; medical and veterinary police, 133, 134; finances of, 134-148; in- creased expenditures of, r 34> T 35; sources of income of, 135-140; Imperial prop- erty of, 140; debts of, 140- 142; unsatisfactory condi- tion of finances, 142, 143; increased army taxes, 143, 144; workings of the bud- get, 144-146; control over finances of, 146-147; or- ganization of army of, 149-153; military service in, 153-156; need for strong army, 157-159; or- ganization of navy of, 160-162; need for ade- quate navy, 162-166; rail- roads of, 167-170; canals of, 171-173; posts, tel- egraph and telephone serv- ice of, 173-175; Civil Code of, 183-188; crim- inal law of, 188-191; or- ganization of courts of, 191-194; judicial officers of, 196-198; administra- tive law, 198-202; ad- ministrative courts, 198- 204; political parties in, 205-214; party history in Reichstag, 214-234; foreign policy of, 235-258; alli- ance of 1879 with Austria, 238; formation of Triple Alliance, 239; alliance with Austria and Russia, 239; diplomatic domination of Europe, 239, 240; alliance with Russia dissolved, 240; friendship with England, 241; tariff war with Rus- INDEX sia, 242; domination of Europe overthrown by Dual Alliance, 242; grad- ual return of world- policy, 244; policy of, in Far East, 244; naval in- crease, 244; increasing hos- tility toward England, 244- 246; attempts of England to isolate, 246-250; Mo- rocco affair, 247-249, 251- 254; Russia forced to give way to Austria in Balkans by, 250; Bagdad Railway, 251, 252; friendship for Turkey, 251, 252; har- monious action with Eng- land in Balkan settlement, 254; strained relations in Europe, 255, 256; the Great War, 256; need for colonies, 261-262; acquisi- tion of colonial depend- encies, 263-266; colonial policy, 267, 268; adminis- tration of colonies, 268, 269; territory of colonies, 269; government of col- onies, 270-274 German Kaiser, title of, given to King of Prussia, 74, 75 German people, racial char- acter of, 9-11; military virtues of, n, 12 German Protectorates, citi- zenship in, 5, 270; govern- mental authority of Kaiser [328] over, 77, 270; separate Fiskus of, 140; separate budgets of, 145; govern- ment of, 270. See also German Colonies German South-West Africa, revolts in, 135, 230; occu- pation of, 263, 264; ad- ministration of, 271 n, 272; military organization of, 273; finances of, 273 German Union, 5 Geschaftsordnung, cited, 112 n Gesetz, see Law Gesundheitsamt, 132, 135 Gewerbe-Ordnung, 123-127, 191 Gewerbegerichte, 127 Gierke, Prof., cited, 186; 187 n Gladstone, 263, 265 G. O., see Gewerbe-Ordnung Gold standard, 120 Goodnow, F. J., 202 n Gortchakoff, 236, 241 Gotha, Congress of, 222 Government Printing office, income from, 140 Great Britain, cities of, com- pared with Germany, 4 n; William II arouses hostil- ity of, 92-94, 244; Bismarck reconciles Russia with, 99; opposition of, to growth of German navy, 162, 163; railroad development of, compared with Germany, 169; objection of, to Peace INDEX of Stefano, 237; Russia joins Germany and Austria against, 239; friendship of, secured by Bismarck, 240; cedes Heligoland to Germany, 241; increasing hostility to Germany, 244- 246; rapprochement be- tween France and, 246; attempts of, to isolate Ger- many, 246-250; Morocco crisis, 247-249, 251-254; partition of Persia with Russia, 251, 252; harmo- nious action with Germany in Balkan settlement, 254; the Great War, 256; early indifference of, to German colonization, 263, 265 Greece, 255 Grotewald, Chr., cited, 206 n Guam, 161 n Guardianship, 195, 196 Guelphs, 214, 234 Guilds, 124-126 HANEL, ALBERT, cited, 34, 109 n Hamburg, special privileges of, 42; reserved privileges of, 43, 44; representation of, in Reichstag, 48, in Bundesrat, 64; Imperial naval observatory at, 161; docks at, 162 Hanover, 16, 64 Hansabund, formation of, 206 Hanse cities, 17, 44 Health Office, 132, 135 Helfferich, K., cited, 169 n Heligoland, made German territory, 27; acquired through Caprivi, 103, 241; inhabitants of, exempt from military service, 153; naval center at, 161 Herzegovina, 236. See also Bosnia-Herzegovina Hesse, area of, 3; joins North German Federation, 22; representation of, in Reichs- tag, 48, in Bundesrat, 64 Hesse, Electoral, votes of, in Bundesrat given to Prussia, 64 Hesse Nassau, Electorate of, annexed by Prussia, 19 Higgins, A. P., cited, 187 n Hinzpeter, Dr., tutor of William II, 88, 95 n Hodel, attempt of, to assas- sinate William I, 85 Hohenlohe - Langenburg, Prince von, 261 n Hohenlohe - Schillingsfurst, Prince zu, quoted, 92; char- acter and administration of, as Chancellor, 103, 104, 230; return of, to Bis- marck's diplomacy, 244; resignation of, from Colo- nial Department, 267 Hohenzollern, House of, n, 80, 83, 156 [329] INDEX Holland, 2 Holstein; 17, 19, 64 Holy Roman Empire, end of, 13; Alsace-Lorraine part of, 176 House of Commons, English, personnel of, 62 " IMPERIAL GAZETTE," 115, 140 Imperial Law, see Reichsge- setz Imperial officers, 117, 118 Imperial Veterans' Fund, 140, H7 Imperialism, 212 Imports, increase of, 164 Industrial interests, political representation of, 205-207 Industry, regulation of, by G. O., 125-127 Initiative, advocated by So- cial-Democratic Party, 213 Innungen, see Guilds Insurance, state, 127-132, 135 Insurance Office, Imperial, 30 Intendanturen, 149 Italy, commercial treaty con- cluded by Caprivi with, 103, 137; alienation of, from France over conquest of Tunis, 238, 239; joins Triple Alliance, 239; sides against Germany in Mo- rocco crisis, 249; acquisi- tion of Tripoli by, 249, 254, 255; the Great War, 256 [330] JAMESON RAID, 92, 93, 244 Japan, William II arouses hostility of, 93; driven by Germany to British alli- ance, 244; the Great War, 256 Jesuits, expulsion from Em- pire, 218 Jews, proportion of, in Reichs- tag, 62; opposition to, 208, 2IO Judges, 50, 196, 197 Judicial powers, of Bundesrat, 70 Judicial system, the Civil Code, 183-188; criminal law, 188-191; organization of courts , 191-194; Judi- cial Officers, 196-198; ad- ministrative law, 198-202; administrative courts, 202- 204; in the colonies, 272, 273 Jutland, peninsula of, 172 Jus sanguinis, in determining German citizenship, 5 KAISER, the, proclamation of William I, the first, 22; increased power of, 29; authority of, in colonial, protectorates, 30, 77, 270, 271; position of, in Empire, 37, 38; constitutional right of, to open and adjourn Bundesrat, 65, 76; Bundes- rat committees on Army INDEX and Marine Affairs ap- pointed by, 66; title of, conferred on King of Prus- sia, 74, 75; governmental functions of, 76, 77; mili- tary power of, 77; govern- mental authority of, over Alsace-Lorraine, 77; par- doning power of, 77; per- sonal privileges of, 78; William I, 79-83; Fred- erick III, 83-87; William II, 87-96; Bismarck's maintenance of position of, ico, 101; promulgation of law by, 115; Imperial officers appointed by, 118; military powers of, 150, 151; commander-in-chief of navy, 160; control over postal service, 173; con- trol of foreign affairs by, 76, 256-258 Kaiser Wilhelm Canal, 171, 172 Kamerun, German occupa- tion of, 253; revolt in, 264; administration of, 271 n, 272; military organ- ization of, 273; finances of, 274 Kammergericht, 193 Kanitz, Count, 62 Keltic, J. S., quoted, 263, 264 Kiao-chau, administration of, by navy, 161, 273; occu- pation of, by Germany, 266 Kiel, Imperial naval docks at, 161, 162 Kiel Canal, 171, 172 King of Prussia, 19; becomes Kaiser, 22; title of Kaiser conferred upon, 74, 75; distinction between powers of Kaiser and of, 79 Koniggratz, battle of, 84 Kongo, French, 253 Kongo Conference, 240 Koroci, Prince von, see Ho- henlohe-Schillingsfurst Kruger, Pres. Paul, telegram from William II to, 92, 93, 244 " Kuhhandel" 230 Kulturkampf, 217-219 Kuratorium, of Reicbsbank, 122 LABAND, P., cited, 69 n, 70 nn Landed proprietors, political affiliation of, 206 Landgtricbtt, 192, 193, 197 Landrecht, in Baden, 183 Landrichter, 192 Land titles, registration of, 195, 196 Lassalle, 46, 47, 222 Lauenburg, united to Prussia, 27; representation of, in Reichstag, 48; in Bundes- rat, 64 Law, process of making, in [331] INDEX Germany, 110-116; distinc- tion between Ordinance and, no Left, the, in the Reichstag, 39, 49, 53, 60, 71; attitude of, toward Alsace-Lorraine, 181. See also Liberal, and Social-Democratic Parties Legislative power, of the Reichstag and Bundesrat, 45 Leo XIII, Pope, 219 Lese-majeste, 9, 78, 189 Liao-tung peninsula, 244 Liberal National Movement, comes to end, 16 Liberal Party, wishes of, 39, 47; representation of, in Reichstag, 49, 54, 62, 214; seating of, in Reichstag, 53; supported by Frederick III, 84; support of Billow of, 1 06; composition and principles of, 206, 207, 211- 213; in first Prussian Chamber of Deputies, 215; opposition of, to protective tariff, 225; split of, 225; party movement of, in Reichstag, 234 Liberal Union, 225 Liberals Vereinigung, 22$ Limitation, Statute of, 190 Lippe, 48, 64 Lorraine, see Alsace-Lorraine Louis II, of Bavaria, 74, 75 Louis XIV, 176 [332] Louisa, Princess of Mecklen- burg-Strelitz, 79 Lowell, A. Lawrence, cited on administrative law, 201 n Liibeck, representation of, in Reichstag, 48, in Bundesrat, 64; naval center at, 161 Liideritz, 263 MAHLER, K., cited, 205 n Maitland, Prof., quoted, 187 Manteuffel, ministry of, 84 Marianne Islands, 265 Marshall Islands, 265 Marx, Karl, 46, 222 Matrikularbeitrage, 136-139 Mecklenburg, 17, 71 Mecklenburg-Schwerin, 48, 64 Mecklenburg-Strelitz, 48, 64 Medical police, 132, 133 Memorandum of Prussia, 19 Middle class, political affili- ation of, 206, 207 Militarbeamte, 49 Military Fiskus, see Fiskus Military Law, 32 Military service, period of, extended, 26; term of, re- duced, 26; compulsory and universal, 153; active, 153; Landwebr, 153, 154; Land- sturm, 154; volunteers, 154 Miquel, Representative, 33 Mobilization, 150, 151 Moltke, 82, 177, 236 Montenegro, 255 Monts, Count, 160 INDEX Morocco, 246, 247 Miinster and Osnabriick, Peace of, 13 NACHTIGALL, 264 Napoleon, 13, 79, 151 Napoleon III, 46, 201 Nassau, 64 National Liberal Party, rep- resentation of, in Reichs- *&> 53 54 62; Bismarck's breach with, 100, 219-221; attitude of, toward Alsace- Lorraine, 182; composi- tion and principles of, 207, 212; history of, 216-234 Nationalvtrein, 216 Naturalization, 6, 7 Navy, Kaiser commander-in- chief of, 77, 160; supre- macy of Prussia regarding, 114; increased expenses of, 135; organization of, 160- 162; need for adequate, 162-166; importance of Kiel Canal to, 172; in- crease in, 244, 245 New Guinea, German occu- pation of, 265; adminis- tration of, 271 n, 273; finances of, 273, 274 Nobility, political affiliation of, 206 Normal -Eichungskommission, 119 North German Federation, formation of, 19-22; 34 November Treaties, 22, 74 OBERELSASS, 181 Oberlandesgerichtt, 193, 194, 198 Oberseeamt, 31, 203 Oberstaatsanwalt, 197 Oberstes Landesgericht, 193 Officers, of army, 154, 155 Old-Catholics, 218 Old-Liberal Party, 225 Oldenburg, representation of, in Reichstag, 48, in Bundes- rat, 64 Olmiitz, Treaty of, 16, 81 Order of Jesus, see Jesuits Ordinance, distinction be- tween Law and, no Organisationsprwilegien, 42 PALAOS ISLANDS, 265 Pan-Germanism, 245, 246, 255 n Pan-Serbian movement, 250 Pan-Slavism, 236, 241, 255 Paper currency, 121 Pardoning power, 77 Parker, E. M., cited, 202 n Parties, composition and principles of, 205-214; his- tory of, in Reichstag, 214- 234 Partnerships, 195 Patent Office, 30, 135, 204 Patentgesetz, 122 n Patents, 122, 123, 195 n Paupers, 7, 8, 43, 50 [333] INDEX Penal Code, cited, 78 nn Pensions, 119, 131 Persia, 251, 252 Peters, Dr., 264 Physikaliscb - Tecbnischt- Reicbsanstalt, 120 Pius X, Pope, 219 Plenum, 14, 16, 64 Poles, in population of Ger- many, 4, 5; in Reichstag, 60, 144, 206, 214, 229, 234 Police, medical and veter- inary, 132, 133 Pope, temporal power of, op- position to, 104, 217-219 Port Arthur, 244 Poschinger, M. von, cited, 83 n, 84 n, 87 n; quoted, 85 Posts, administered by Em- pire, 41; reserved privileges of Bavaria and Wiirtemberg regarding, 43; administra- tion of, conducted by Kai- ser, 76, 77; relation of, to Fiskus, 140; organization and development of, 173- I7S Potsdam, Convention of, 252 Prasidialantragf, 29, in Praesidium, of the North German Federation, 37, 74> 75 Prague, Treaty of, 18, 21 Press Law, 191 Privileges, special, 42, 43; reserved, 42-44 Professions, regulation of, 125 [334] Progressive People's Party, 225 Protective tariff, 136, 137, 141, 207, 224, 225, 232 Protestants, proportion of, in Germany, 4, in colonies, 274; in Reichstag, 62; op- position of, to Clerical Party, 230, 231, 233 Prussia, area of, 3; conserva- tive and aristocratic, 3; population of, 4; Regie- rungsprdsident in, 6; char- acter of people of, n; destruction of Rheinbund by, 14; rivalry with Aus- tria, 15; creates Drei- konigsbund, 16; forced to recognize Bundestag, 17; forms Deutsche Zollverein, 17; Bismarck's policy as ambassador of, 18; war with Austria, 18; forms North German Federation, 19-21; makes treaty with southern states, 21; power of, to defeat constitutional amendments, 24, 25, 114, 115; Lauenburg united to, 27; administration of Wai- deck ceded to, 27; Heli- goland united to, 27; power of, in Bundesrat, 28; mili- tary hegemony of, 31; con- tingent of, in German army, 31; hereditary right of, to Crown of Empire, 42; INDEX representation of, in Reichs- tag, 48, in Bundesrat, 64- 66; praesidium of Empire conferred on, 74; William I of, 79-83; Frederick III of, 83-87; William II of, 87-96; union of Bavaria with, advocated by Hohenlohe, 104; con- sequence of leadership of, 108, 109; supremacy of, in legislation, 1 14-1 16; Im- perial military affairs ad- ministered by, 149, 150; development of army corps by, 151, 152; army reform by, 153; J- E. Barker quoted on, 156, 157; dif- ferent civil codes in force in, 183; Kammergericbt in, 193; tendencies of Con- servative party in, 208 Prussian Rhine Province, 4 Public instruction, 41 Public meetings, 41 Public prosecutors, 190, 197, 198 Pufendorf, S. von, cited, 36 Pure Food Law, 191 Puttkammer, von, 86 Quaestors, for supervising finances of Reichstag, 54 RADICAL LIBERAL PARTY, principles of, 212, 213 Radical Party, wishes of, 39 Railroads, regulation of, 43; relation of, to Fiskus, 140; of Alsace-Lorraine, 140, 168; Imperial ownership of, planned by Bismarck, 141, 142; constitutional basis for government own- ership of, 167, 168; devel- opment of, 169; privately owned, 170 Ratibor, Prince von, see Ho- henlohe-Schillingsfiirst Ratzel, quoted, 2, 3 Rayonkommission, 31 Rechnungshof, 146, 147 Recht der Scbuldverhaltnisse, 188 Rechtsanwalt, 198 Referendare, 196 Referendum, 213 Regierungsprdsident, 6 Reichsamt fur das Heimatwe- sen, 202, 203 Reichs- und Staatsangehorig- keitsgesetz, 5 n Reichs anleihen, 141 Reichsanwalt, 198 Reichsbank, 121, 122, 140, 242 Reichsbeamtengesetz, 32, njn Reicbseisenbahnamt, 168 Reichsfiskus, see Fiskus Reichsgericht, 31, 119, 193, 194, 196-198, 258; ina- bility of, to pass upon con- stitutionality of law, 116 n; supreme court of Empire, 191, 192 [335] INDEX Reichsgesetz, 8 n, 27 n Reichsgesetzblatt, see " Im- perial Gazette" Reicbskanzlei, 107 Reicbskassenscheine, 121, 141, H7 Reicbskolonialamt, 268 Reicbsmarineamt, 1 60 Reichspartei, 217 Reicbspostamt, 175 Reicbsrayonkommission, 203 Reicbsschatzamt, 147 Reichsscbuldbucb, 147 Reicbsschuldenkommission, H7 Reichsschuldenverwaltung, 147 Reichstag, Constitution of the North German Federation adopted by, 20; right of, to propose constitutional amendments, 25; remuner- ation of members of, 26; increased importance of, 28; legislative powers of, 45; treaties must be passed by, 45; control of finances by, 46; elections to, 46- 48, 50-53; constituencies in, 48-50; organization of, 53; presiding officers of, 53, 54; conduct of bus- iness in, 54-56; term of office of members of, 56, 57; privileges of members of, 57; salaries of members of, 58, 59J personnel of, 59-62; character of, com- [336] pared with Bundesrat, 72, 73; opposition of, to Bis- marck, 96; law-making process, 110-116; retention of Matrikularbeitrdge, 138, 139; control of budget by, 145, 146; control of finances by, 146; parties of, 205-214; party history of, 214-234; opposition of, to first colonizing experiment, 261 Reichsverfassung, 24 n, 25 n, 3 1, 43, 46 n, 65 n, 68 n, 69 n, 70 n, 71 n, 72 n, 76 nn, 77 nn, 78, 977171, 114 nn, 115 n, 138, 139, 144, 146, 151 n, i6on, 256, 258 Reichsversicberungsamt, 129, 130, 203, 204 Religion, regulation of, 41 Reservatrechte, 42-44 Reuss (both lines), represen- tation of, in Reichstag, 48, in Bundesrat, 64 Revisionisten, 213 R. G., see Reicbsgesetz Rheinbund, 13 Rheinbundacte, 13 Rhine Province, 4 Right, the, in the Reichstag, 39> 53> 60, 144. See also Conservative Party Roberts, Lord, 93 Robinson, J. H., cited, 70 n Roman Law, 183 Roon, 82, 108 n INDEX Roumania, 103, 137 Russia, 2; area of, compared with German Empire, 3, 13; William II arouses hostility of, 93; Bismarck reconciles England with, 99; commercial treaty con- cluded by Caprivi with, 103, 137; Bismarck's culti- vation of, 235; treaty be- tween Austria and, 236; war with Turkey, 236, 237; ingratitude of, toward Bis- marck, 237; alliance with Germany and Austria, 239; alliance with Germany dis- solved, 240; Dual Alliance formed with France, 241- 243; tariff war with Ger- many, 242; opposition of, to Japan, 244; obliged by Germany to give way to Austria in Balkans, 250; partition of Persia with England, 251, 252; pro- motion of Pan-Slavism by 256; designs of, on Con- stantinople, 256; the Great War, 256 R. V., see Reicbsverfassung Sachenrecbt, 188 St. Paul's Parliament, 16, 19, 59 Samoa, treaties with England regarding, 245; first at- tempt of Germany to col- onize, 261; partition of, with Germany, 265, 266 San Stefano, Peace of, 237 Savigny, 184 Saxe-Altenburg, representa- tion of, in Reichstag, 48, in Bundesraty 64 Saxe-Koburg-Gotha, repre- sentation of, in Reichstag, 48, in Bundesrat, 64 Saxe-Meiningen, representa- tion of, in Reichstag, 48, in Bundesrat, 64 Saxony, area of, 3; popula- tion of, 4; included in Dreikonigsbund, 16; contin- gent of, in German army, 31, 150, 151; special privi- leges of, 43, 121, 130 n, 151; representation in Bundesrat, 64, 66; Civil Code in, 183 Schatzanweisungen, 141 Schaumburg-Lippe, represen- tation of, in Reichstag, 48, in Bundesrat, 64 Schierbrand, von, cited, 90 Schleswig, 19 Schleswig-Holstein, 183 Scboffen, 192 Schraps, 222 n Schuster, E. J., cited, 188 n Schutzgebiete 269 n Scbutzgebietsgesetz, 270 n, 271 n, 274 Schwarzburg-Rudolstadt, rep- resentation of, in Reichstag, 48, in Bundesrat, 64 [337] INDEX Schwarzburg- Sondershausen, representation of, in Reichs- tag, 48, in Bundesrat, 64 Schwurgericbte, 192-194 Secessionists, 225 Secretariats, 30 Seeamter, 203 Septennate, 226, 227, 235 Serajevo, Bosnia, 256 Serbia, commercial treaty with, 137; boundary dis- pute with Austria, 237; Russia forced by Germany to desert, 250; Balkan League joined by, 255; in the Great War, 256 Seydel, Max, cited, 34-36 Shimonoseki, Peace of, 244 Shipping, increase of, 164 Smith, Adam, 123 Social - Democratic Party, wishes of, 39, 49; repre- sentation of, in Reichstag, 49; disturbances in Reichs- tag caused by, 54; decline in personnel of Reichstag due to, 60; support of, by William II, 95 n; Bis- marck's struggle with, 99; opposition of, to increased army taxes, 144; composi- tion and principles of, 205- 207, 213, 214; history of, 221-234 Socialist Congress, Interna- tional, 214 Socialist Party, representa- [338] tion of, in Reichstag, 49, 54, 62; seating of, in Reichstag, 53; Bismarck's opposition to, 221-224. See also So- cial-Democratic Party South-German People's Party, 225 South Germany, 3, 4 Spain, 248 Staatenbaus, 67 Staatsanwalt, 197 Staatsgewalt, 36 Stanley, H. M., quoted, 241 Steamship companies, 135 Stephan, 173 Sterbegeld, 131 Stettin, 161, 162; 170 Stichwahl, 51 Stoch, Lt.-Gen., 160 Stocker, 208 Strafkammern, 192-194 Strassburg, 168, 176, 179 Sud-Deutsche Polkspartei, 225 Supreme Court, of the Em- pire, see Reichsgericht Swinemiinde, 161 Switzerland, 2, 3, 137, 138 n TANGIER, 247 Tardieu, Andre, quoted, 239, 242, 243, 245, 246, 247; cited, 242, 249 n, 250 n Taxes; indirect, 136; in- heritance, 136, 137; cus- toms duties, 136, 137; prop- erty increment, 136, 144; stamp, 137, 144; excises, INDEX 137, 144; income, 138, 143 n; property, for army increase, 143, 144. See also Customs Duties Telegraphs, 42, 43, 77, 140, I73-I7S Telephones, 173-175 Thibaut, quoted, 184 Thirty Years' War, 175, 176 Three-Class System, 47 Tirpitz, von, 161 Tivoli program, 208, 209 Togo, 264, 271 n, 272 Toqueville, A. de, 35, 201 n Trade Laws, see Gewerbe- Ordnung Trade-marks, 123, 195 n Trades, regulation of, 124, 125 Treason, 8, 9 Treaties, 45 Treitschke, quoted, 17 Triple Alliance, 103, 239 Tunis, 238, 239 Turkey, war with Russia, 236, 237; sovereignty of, over Morocco supported by Germany, 247-249; Ger- man interests in, 251; friendship of Germany with, 251, 252; Tripoli taken by Italy from, 254, 255; the Great War, 256 Tutuila, 161 n Ubertretungen, 190 Ultramontane policy, 230 United States, area of, com- pared with German Em- pire, 3; cities of, compared with Germany, 4; naturali- zation in, compared to Ger- many, 6; German Ameri- cans, in, 10; constitution of, compared with German, 24, 45; railroad development of, compared with Ger- many, 169; immigration from Germany, 261, 262 Universal suffrage, 46-48, 50 Urkunden, 196 VASILI, COMTE PAUL, cited, 87 n Venezuela, 165, 245 Verfassungssonderrechte, 42 Verordnung, see Ordinance Versailles, 22, 217 Versailles, Treaty of, 177 Veterinary police, 132, 133 Vice-Chancellorship, 107 Victoria, of England, 84 Vienna, Congress of, 14 Vollmar, von, quoted, 214 Forparlament, 15 Wablprufungs-Kommission, 52.53 Waitz, 35 Waldeck, adminfstration of, ceded to Prussia, 27; vote of, instructed by Prussia, 28; representation of, in Reichs- tag, 48; vote of, in Bun- desrat given to Prussia, 64 [339] INDEX Walfish Bay, 263 War treasure, Imperial, 140 Wards, as voters, 50 Webrsteuer, 143 Wends, 4 Wiener Scblussacte, 14 n Wilhelmshafen, 161 William I, of Prussia, pro- claimed Kaiser, 22, 40 n, 74, 75; early life of, 79; confession of faith of, 80, 81; becomes Regent, and King of Prussia, 81; re- organization of Prussian army by, 81, 82; discovery of Bismark, Roon and von Moltke by, 82; popularity and personal virtues of, 82; results of his reign, 83; succeeded by Frederick III, 83; quoted, 129 William II, succeeds Fred- erick III, 87; early char- acter of, 87, 88; attends public gymnasium, 88, University of Bonn, 88; becomes reactionary, 88; his work for world peace, 88, 89; interest of, in army and navy, 89-91; varied interests, 91; progressive and conservative character of, 91, 92; impulsiveness, 92-94; telegram sent to Kruger by, 92, 93, 244; popularity of, 94; rupture with Bismarck, 95, 96, 102; Caprivi made Chancellor by, 102; visit of, to Tan- gier, 247, to Damascus, 252; quoted, 89, 91, 93, 163, 231, 247, 252 Windthorst, 226 Woman's Suffrage, 213 Workingmen, legal status and protection of, by G. O., 126; state insurance for, 127- 133; political affiliations of, 205-207 Wrangel, Field Marshal, 84 Wiirtemberg, area of, 3; joins North German Fed- eration, 22; contingent of, in German army, 31, 150, 151; representation of, in Reichstag, 48, in Bundes- rat, 64, 66; limitations of, on military power, 77; special privileges of, 42, 43, 118, 121, 151, 173, 174 ZABERN AFFAIR, 178 Zanzibar, Sultan of, 264 Zollverein, see Deutsche Zoll- vertin [340] University of California SOUTHERN REGIONAL LIBRARY FACILITY Return this material to the library from which it was borrowed. SRLF QL JAN 17 989