JOHNS HOPKINS DNIVERSITT STDDIES

IN

Historical and Political Science

HERBERT B. ADAMS, Editor

History is past Politics and Politics present History.— Freeman

EXTRA VOLUME
IX

STATE AND FEDEEAL

GOVERNMENT IN SWITZERLAND

BY

JOHN MARTIN VINCENT, Ph. D.

Librarian and Instructor in the Department of History and Politics,
Jokns Hopkins University

BALTIMORE

JOHNS HOPKINS PRESS

1891

v^.

Copyright, 1891, by The Johns Hopkins Press.

PRESS OF ISAAC FRIEDENWALiD CO.
BALTIMORE.

TO

PROFESSOR WILHELM ARNDT

OP THE UNIVERSITY OF LEIPZIG

THIS VOLUME IS DEDICATED AS A TOKEN OF RESPECT

BY A FORMER PUPIL

PEEFACE

I have attempted to give in these few pages an outline of
the existing conditions of government in Switzerland, in its
federal, state, and local aspects. It is not a constitutional
history; yet Swiss institutions are so firmly rooted in the
past that historical explanations have at times been neces-
sary, and the temptations to enter upon still wider digressions
almost irresistible. Were it possible to give in brief space
the evolution of each department of political and economic
life I should deem the result well worth the effort, but such an
exhibit is foreign to the purpose of this book. As it is, I have
approached the subject from a republican standpoint. When
I began these studies there was no adequate work upon Swiss
government in the English language, and such as were written
by other foreigners seemed to lack sympathy with the sub-
ject, because the authors were not personally accustomed to
democratic institutions. I venture to hope that American
nativity has given me some measure of appreciation and of
impartiality.

I have had occasion to say frequently, and the statement
can scarcely be repeated too often, that government in
Switzerland can only be fully understood when the confeder-
ation and the cantons are studied together. Their fields of
operation are at some points distinct, at others they overlap,
and the functions of state and federal government become
blended, in a manner for which there are no analogies in the
institutions of the United States. Yet on the whole the two
governments are so similar, and so many problems in national
life are being worked out simultaneously in both, that an
eminent professor of American history is well justified in
saying that " of all the foreign federal constitutions now in
operation, the most important for comparison with the Con-
stitution of the United States is that of Switzerland." It is.

viii Preface.

therefore, with more than curious interest that I have
inquired into the various departments of Swiss political life,
for although I have only occasionally drawn a moral for
American readers, I have felt that here we might see our-
selves somewhat as others see us. If I have in any degree
incidentally contributed to a better understanding of our own
institutions, or made clearer the solidarity of our o\Yn state
and national life, I shall feel repaid.

It is eminently appropriate that a study of Switzerland
should appear under the auspices of the Johns Hopkins
University, since within its walls are kept the books and
papers of one of the most eminent historians of that country,
Professor J. C. Bluntschli, who began his career in Zurich, but
ended it at Heidelberg as an European authority upon inter-
national law. While yet in his native country he wrote
extensively upon the history of Zurich, and upon the consti-
tutional history of the whole confederation. At his death, in
1881, his library, manuscripts, and historical materials were
purchased by German citizens of Baltimore and presented to
this University. To this collection was added, in 1886, a
large number of books and pamphlets relating to the history
and government of Switzerland, presented by the Federal
Council at Bern, through the kind mediation of the Hon.
Emile Frey, then minister plenipotentiary of Switzerland at
Washington, now a member of the Federal Cabinet. It was
largely due to these gifts that a study of Switzerland was
made possible \vithout continuous residence in that country.

To many friends I am indebted for encouragement and
direct assistance in the preparation of this book, and I here
take occasion to thank them, without making them by name
responsible for its errors. I cannot, however, forbear to
express my obligations for counsel and advice as to what
such a M'ork ought to he, to Prof. H. B. Adams and Rev.
W. D. Ball of Baltimore, and Prof. Woodrow Wilson of
Princeton.

Bluntschli Library, Johns Eopldns University,
May, 1891.

CONTENTS,

PART I.— FEDERAL GOVERNMENT.

PAGE

Chapter I. — Origins of the Commonwealth 3

Chapter IT. — The Confederation and the Cantons 30

Chapter III.— Federal Legislation 38

Chapter TV. — The Law and the People 46

Chapter V. — The Federal Executive 52

Chapter VI.— The Federal Judiciary 58

Chapter VII. — The Federal Army 62

Chapter VIII.— International Relations 67

Chapter IX. — Federal Finance 70

Chapter X. — The Confederation and Society 83

Chapter XI. — The Confederation and the Individual 97

PART II.— STATE GOVERNMENT.

Chapter XII. — State Legislation 105

Chapter XIII. — Referendum and Initiative 123

Chapter XIV.— State Executive and Judiciary 132

Chapter XV. — State and Local Finance 145

Chapter XVI. — Community and Citizenship 157

Chapter XVII. — Church and State 173

Chapter XVIIL— Education 182

PART III.— SOURCES OF CONSTITUTIONAL HISTORY,
1291-1891.

The First Federal Constitution 191

The Present Federal Constitution 194

The Alcohol Monopoly Law 223

Literature of Constitutional History 228

Statistical Table 240

Index 241

PART I

FEDERAL GOVERNMENT

STATE AND FEDERAL GOVERNMEiNT
IN SWITZERLAND.

CHAPTER I.

Origins of the Commonwealth.

The origins of the political institutions and ideas of Swit-
zerland must be sought among the laws and customs of the
early Germans. Although the foothills of the Alps were for
a long time occupied by tribes of Kelts, and, later on, became
subject to the Roman Empire, no influence of the ancient
Helvetians or of Latin civilization survived the Great Migra-
tion Mdth strength enough to determine the form in which law
and state should develop.

Two nations of Germans, the Burgundians and the Ala-
manni, then enemies, later confederates, took possession of
Switzerland in the first half of the fifth century, and have
never been supplanted. The Burgundians, already christian-
ized, divided the soil of the southwestern part with the Roman
inhaV)itants, became Frenchmen, and, because of their con-
nection with the larger Burgundy of France, became members
of a Swiss Coiifcdcracy, only after it had been long in opera-
tion and the line of its evolution determined.

The Alamanni, still pagan, and hating the restraints of
civilization, entered a land once flourishing with cities, but
then almost abandoned. Neither Latin inhabitants nor
Roman remains affected to any great degree their language
or institutions. They grew and developed as a German
nation. Their mountainous country fostered their native

4 State and Federal Government in Switzerland.

individuality, and tliey became the founders of Swiss liberty,
the originators of the Confederation, and were for centuries
the exclusive material out of which the republic was enlarged.

Thus the foundations of the existing form of government
and the political instincts of the people of to-day were in
large part laid by the same Teutonic forefathers to whom we
trace the constitutions of England and America.

The Alamannic invaders divided the land among them-
selves and settled down under separate chieftains or kings in
different districts, and, we may believe, as in other Ger-
man tribes these districts were subdivided into gaue and hun-
dreds which were governed by counts and centcnarii or cent-
grafen. This was at least the form of government when
they were conquered by the Franks in the sixth century.
At that time these chiefs were deprived of what royal power
theyAnay have had, and were made dukes of the Merovin-
gian empire. Pippin in 748 abolished the dukes, and Charles
the Great completed the subjugation by causing the grafen to
be appointed by royal warrant instead of by popular election.
In his district the graf administered the laws under the over-
sight of the royal commissioners, and commanded its army
contingent in time of war. In the hundred the centgraf,
with the whole body of citizens assembled about him as
judges and jury, held court upon minor offenses, and, like the
graf in his larger sphere, led his neighbors to battle.

Such a district, for example, was Thurgau, which originally
included all the northeastern and central part of Switzerland,
and such hundreds were the valleys of Schwyz, Uri, and
Unterwalden.

In the expansion of the feudal system, and in consequence
of vast endowments of churches and monasteries, proprietor-
ship in the soil became greatly changed, and the lordship of
these counties and hundreds became hereditary in different
families. Many small owners put themselves under the pro-
tection of powerful lords, others placed themselves in feudal
relation to the monasteries. Whole districts were granted in

Origins of the Commonwealth. 5

fief to abbeys and cloisters, and thereby receiyed the immu-
nities wliich the church then enjoyed. Hence, at the time
\vhen ^ve first begin to hear of a Swiss Confederation, the
legal and political status of the country had become yery
much complicated, and each of the districts had reasons of
its own for reyolt.

Uri had been from the ninth century a fief of the abbey of
Zurich. It thereby gained immunity from the jurisdiction
of the ordinary graf and centgraf, and enjoyed the milder
rule of the monastic officials, receiying later also the direct
protection of the emperor, who appointed the adyocate or
oyerlord for all the possessions of the abbey.

The inhabitants of the lower yalley of the Reuss formed
the " Community of the People of Uri," and regulated for
themselyes all matters pertaining to their common pastures
and ^voodIands. In Schwyz also, along with some manorial
subjects, there had been preseryed from earlier times a Marh-
genosscvschaft, owning its own land and making its own local
laws. Their external political status, howeyer, was not so
desirable as that of Uri, since they were under the protection
of neighboring magnates and only distantly attached to the
empire. The same may be said of Unterwalden, except that
ownership of land Mas more diyided up among monasteries
and nobles and there were fewer free farmers than in Schwyz.
In both the constant menace was that their oyerlords would
assume not only the feudal protection of the districts, but the
territorial ownership as well, and gradually depriye the small
owners of their remaining rights.

We must not put too large an estimate upon the legislatiye
pow'ers of these communities at this time. The scope of law-
making doubtless went little beyond the concerns of their
common farming and pasturage. Popular rights found
expression rather in the application of law, in attendance
upon court and in sitting upon juries in local trials. Here
they would jealously guard ancient usages and resent foreign
interference and arbitrary interpretation. It is important to

6 State and Federal Government in Switzerland.

note, however, that their common interests and occasional
assemblies kept alive the sense of mutual dependence, and
when political matters were in the air, the Marl-genossenschaft
became the centre of action. In this local agricultural free-
dom lay the germ of larger political liberty, and when the
time came for action, the instinct and the instrumentalities
were at hand.^

At the beginning of the thirteenth century we find the
dukes of Zahringen in hereditary possession of the com-
bined offices of Count of Ziirichgau, now partitioned out of
Thurgau, and of advocate for the abbey of Zurich. Thus the
three hundreds, Schwyz, Uri, and Unterwalden, were under
the same overlord, but with far different relations. In Uri
the duke only exercised a general superintendence through a
sub-advocate, while in Schwyz and Unterwalden he adminis-
tered the laws through his own vassals, who received the
offices of ffraf and centgraf as hereditary fiefs. There was
imminent danger that through long usage the local liberties of
the people would gradually sink into feudal serfdom. But
in 1218 the house of Zaln'ingen became extinct and its fiefs
fell back to the crown.

Zurich, city and abbey, and consequently Uri, sought and
received a renewal of their immunities.^ The other districts
began at once to strive after the same immediate attachment
to the empire, and at last obtained it from the emperor
Frederic II., in 1240, who decreed that Schwyz and Unter-
walden should forever after be imperial fiefs and should be
governed by imperial advocates.^ The counts of Habsburg,
who, as vassals of Zahringen, had long held the offices of
centgraf in these valleys, now became imperial instead of
feudal administrators, and the condition of the people so far
improved that in case of misgovernment appeal could be
made directly to the emperor, in place of a self-interested
overlord.

' Cf. Dierauer, Gesch., I. 84. ^n 1231.

^Oechsli, Quellenbuch, p. 47.

Origins of the CommonweaUh. 7

In 1273, Rudolf of Habsburg Avas elected king. He at
once confirmed the imperial relationship of Uri, but for
Schwyz and Unterwalden deferred without directly refusing
the renewal of the privileges of Frederic 11.

The evident object was to gain by gradual usurpation the
territorial lordship over these districts and add them to the
increasing hereditary possessions of his family. The pur-
chase of Luzern and many small landed properties scattered
over the three cantons, the imposition of foreign bailiffs,
together with increasing burdens of taxation, strengthened
these suspicions, and caused not only Schwyz and Unter-
walden, but also the imperial fief Uri, to look forward with
uneasiness to the future. Eudolf died in 1291, without con-
firming the charters. The character of his son Albert was
not such as would inspire hope of better treatment, and sev-
enteen days^ after Rudolf's death, the three districts entered
into a league. The charter itself declares it to be a renewal of
an older compact, but no document earlier than this having
been preserved, this agreement is known as the First Per-
petual League^ and the starting-point of the Swiss Confeder-
ation.

The object of the League of 1291 was not total independ-
ence of all outside domination, but the preservation of their
old direct connection with the Empire and long-accustomed
local rights. The confederates solemnly agreed not to receive
any judge who was not a native of their valleys, nor one who
had bought his office with a price ; to settle all difficulties
arising between the three cantons by arbitration, and if any
j)arty refused to accede to a decision, the others should compel
it to obey ; and in case of attack by any power, the other can-
tons should come to the help of the endangered.

But all proper feudal claims should be respected, and each
district should serve its own overlord in all things so far as

'Dierauer, Gesch., p. 78.

'^AmtlicheSaramlungderEidgenossischen Abschiede, I., p. 241; Oechsli,
Quellenbuch, p. 49.

8 State and Fedei^al Government in Switzerland.

they were right, just, and customary before the time of King
Eudolf. The territorial rights of the abbeys and monas-
teries who had lands and serfs in those valleys, the family
possessions of noble houses, and 'the imperial overlordship
were to be honored as before. Ten weeks later a defensive
alliance was also entered into for three years between Uri,
Schwyz, and the city of Zurich, in which mutual assistance is
promised in case of attack.

The confederates had not misconceived the plans of Duke
Albert, for almost immediately an Austrian force appeared be-
fore Zurich, though it does not seem from the meagre accounts
that much was done, and peace was signed in August, 1292.
The danger was temporarily bridged over by the election of
Adolf of Nassau as king. He left the Swiss pretty much
to themselves, and finally in 1297 renewed the privileges
granted by Frederic II. But in 1298 Adolf was killed in
a battle with his rival, and the confederates were once more
exposed to the ambitious plans of the house of Habsburg.

From this time on until his death, Albert more and more
exasperated the people of these valleys by tyrannical meas-
ures of government. Overbearing bailiffs were set over
them, who acted as if they were the overseers of Habsburg
private estates, rather than governors of imperial fiefs, and
outraged both the written privileges of the cantons and the
commonest laws of justice. The Swiss found it advisable to
endure this for a time, but upon the news of the emperor's
murder the confederates at once arose, drove out the hated
bailiffs, and in the following year obtained from Henry VII.
not only a confirmation of their previous imperial independ-
ence, but also the privilege that they should not be cited
before any court outside their own land, except to the royal
tribunal itself.^ But in 1313 another double election of kings
brought all Germany into arms and threatened once more

' J^^s non evocando. Kojjp, Urkunden, p. 103. Oechsli, Quellenbuch,
p. 52.

Origms of the Commonwealth. 9

the beginnings of freedom in the Swiss valleys. The con-
federates, naturally distrustful of the house of Austria, sided
with Louis of Bavaria, and in consequence, Leopold, brother
of the rival king Frederic, set out with an army of 10,000
men to complete that humiliation of the peasants which his
father had attempted. The invaders were routed in the battle
of Morgarten in 1315. The confederates, rendered confident
by success, renewed in the same year the compact made in
1291, with the important addition that no party should sub-
mit to an overlord or negotiate with a foreign power without
the consent of the others.

The eventual success of Louis of Bavaria removed the
danger of invasion for a considerable time, and peace between
Austria and the Forest Cantons was definitely signed in 1323.
In 1324 Louis declared the manorial and feudal rights of
the rebellious Frederic forfeited to the crown, and the tenants
of his lands free imperial citizens. By this stroke the in-
equalities of the inhabitants Mere almost entirely removed,
the jurisdiction of manor courts largely replaced by the
common law and customs of the land, and the sense of unity
among the cantons greatly solidified.

The next addition to this confederation of states was
Luzern. Having been for hundreds of years a fief of the
abbey of Murbach, and enjoying the immunities connected
with clerical possessions, this city suddenly found itself in
1291 sold out to the house of Habsburg and under the
domination of Duke Albert. The governor was now an
appointee of a prince anxious to extend his dominion and
authority, and although this new official promised to maintain
the old privileges, the ])olitical tendency of Habsburg govern-
ment was plainly contrary to the interests of Luzern. The
citizens were obliged to fight against their neiu'hl)ors in the
w^ars of Austria with the Swiss, and had these attacks been
successful, the country would have been reduced to one
common de])endency. These facts and the close proximity
of the three imperial cantons, brought about a union of

10 State and Federal Government in Switzerland.

Schwyz, Uri, Unterwaldeu, and Luzern in 1332. Mutual
aid in time of war and arbitration of disputes were the
objects of the league. The territorial rights of their several
overlords were distinctly reserved, but the final result could
not help but be against the house of Austria.

A second infusion of the municipal element into the con-
federation resulted from the admission of Ziirich in 1351.
This was an important addition, since Zurich was not only a
flourishing commercial centre, and the confederates thereby
gained the advantages of internal free trade, but situated as
it was at the head of the lake, it formed a strategic point on
the main road over the Alps. Ziirich also had immediate
cause to be glad of allies, for the signing of the compact was
the signal for attack by an Austrian army. The siege was
sustained with the help of contingents from the Forest Can-
tons, and the outcome of the war was that the confederation
which began it with five members finished it with eight. The
additions were Glarus, Zug, and Bern.

The valley of Glarus since the eighth century had been a
fief of the abbey of Siickingen on the Rhine, and as such
had been administered successively under the overlordship of
the houses of Lenzburg, Kyburg and Habsburg, but the
resident bailiff had for thi'ee centuries been a member of a
native family. In 1288, however, to the consternation of the
valley, this office also was bestowed upon the house of Habs-
burg, which thus came into possession of both higher and
lower judicial functions. The difference at once became
apparent in increased taxation and rigor of administration.

The first evidence of revolt was a refusal to take up arms
for Austria in the invasion of 1315. The Glarnese
would fight only in behalf of the Abbess of Sackingen.
Redoubled oppressions by foreign bailiffs, and the refusal to
renew certain charters accidentally burned in a general confla-
gration, so deepened the bitterness against Austria, that
in 1351, when a detachment of Zurich soldiers overran and
took possession of the valley, the inhabitants not only did

Origins of the Commomcealth. 11

not resist, but at the request of the invaders cheerfully sent
a company of men to assist the besieged city. When the Aus-
trians endeavored in the following year to recapture Glarus
they were completely overthrown, and a few months later
this canton was joined to the league. The agreement was en-
tered into by Zurich, Schwyz, Uri, Unterwalden, and Glarus,
but the latter was not admitted on an equality with the others.
Demands for aid from the other confederates were to be sub-
ject to proof, but when the Glarnese were called upon they
should respond without question. Equality was not obtained
till 1450.

The city and district of Zug were likewise under the over-
lordship of Habsburg, and, on account of their situation,
important to the league in a Avar with Austria. So a few
weeks after the capture of Glarus a confederate force sur-
rounded the city. The besieged sent at once to the Austrians
for assistance, but Duke Frederic, intent on humiliating
Zurich, refused. Zug, finding no glory in faithfulness to such
an overlord, made peace at once and entered into a league
with the confederates. In this compact all of the former
cantons were parties except Glarus, and Zug was received
into the confederation on an equality with the others.

Of still greater importance was the acquisition of Bern.
This had long enjoyed the rights of an imperial free city, and
as such was an ally of the house of Austria in its war against
the Swiss, even sending a contingent to assist in the siege of
Zurich, But in fighting against the Forest Cantons, the
contradiction of its interests was so apparent that as soon as
peace was concluded Bern took steps toward an alliance with
these neighbors. By a treaty in 1353 it entered into a per-
petual league with Uri, Schwyz, and Unterwalden, upon
conditions simihir to those in the other agreements. With
Zurich and Luzern, Bern had no connection except through
the original states. If Bern desired assistance in war it
called upon the Forest Cantons, and these in turn demanded
the help of the cities. If Ziirich and Luzern were in need,
Bern was enlisted by the same mediation.

12 State and Federal Government in Sicitzerlatid.

The League of Eight, as thus completed, remained with-
out further enlargement for a century and a quarter. These
details of its early history have been given with some parti-
cularity in order to show the original motives to the forma-
tion of a union, the changing circumstances which caused its
continuance and enlargement, and the reasons for the pecu-
liar nature of the federal bond. From this point onward to
the close of the eighteenth century, events and institutions
move with more deliberation, and, although we pass through
the most brilliant period of the military ascendancy of Swit-
zerland, there is less to record of institutional advancement.

In the course of the next one hundred and thirty years
three important landmarks are to be met in the constitu-
tional growth of the confederation. The first is the so-called
Pfaffenhrief of 1370. It is an agreement by means of which
all the states except Bern and Glarus freed themselves from
the jurisdiction of clerical courts in all temporal matters.^

The chief provisions of this "Priest Letter" were (1) that
every inhabitant who was bound by oath of vassalage to the
dukes of Austria should also swear allegiance to the confed-
eration, and that this should include clergy as well as laity,
nobles as well as commoners. (2) That clericals who were
not citizens of any confederate city or land, yet dwelt within
the confederation, should not summon a confederate citizen
before any foreign court of justice, either clerical or tem-
poral, but should cite him before the court of the place where
he resided, except in matters relating to the clergy and to
marriage, which belonged to the jurisdiction of the bishop.
The penalty was outla\\Ty to any priest who disobeyed.

It was further attempted to set some limit to the disquie-
tudes of private warfare by prohibiting armed conflicts to all
who had not first obtained a government -license. But the
Pfaffenhrief, as its nickname indicates, is distinguished more
than in any other way for the measures taken to cut oif the

' Eidgen. Abschiede, I., p. 301. Oechsli, p. 99.

Origins of the Commonwealth. 13

juriscliction of foreign and distant courts and to diminish
the abuses of clerical immunity, thereby making a distinct
advance in the direction of neutrality and independence.

The second constitutional monument of this period was
the Sempacher Brief of 1393, which may be called the
first war-ordinance of the confederation.^ A secret treaty
had been discovered between Austria and the Burgomaster
and Privy Council of Zurich, in which the city was
pledged to remain neuta'al if Austria made war upon the
confederates. The citizens procured the overthrow and ban-
ishment of the traitors, and during the excitement caused
by this narrow escape from danger, the confederates took
immediate steps to tighten the bonds of union between
themselves. Since they had so recently fought out their
cause with Austria to an honorable result, they would
now provide for future attacks by renewing their former
oaths and agreements, to the end that fellow-citizens should
live in peace with one another, should not violently enter
each other's houses in war or peace, and should assist each
other in all things Avithout deceit. Merchants should be
protected in person and in goods.

To make defense of their country more effective, regula-
tions were made for the better conduct of war. As their
forefathers had always done, each city and district fought
under its own banner. If any one deserted the flag, his life
and goods were at the disposal of his state. Even the
wounded were expected to follow the banner as long as they
could. No one should begin to plunder until the commander
gave permission. The booty when brought in should be
handed over to the officers, and these should divide it honor-
ably amopg all the men alike. Cloisters and churches should
not be plundered unless an enemy or his goods were con-
cealed therein. Women should not be struck nor stabbed nor
otherwise ill-treated, unless they fought themselves, or by

'Eidgen. Abschiede, I., p. 337. Oechsli, p. 110.

14 State and Federal Government in Switzerland.

outcry gave help to an enemy; they could then be punished
according to desert.

This was the first agreement in which the confederated
states all acted together without the mediation of the original
cantons or through the indirect connection of cities. Its
name came from the fact that the battle of Sempach, in 1386,
is several times mentioned as showing examples of the
evils which the treaty sought to abolish, and one Swiss
historian goes so far as to call it the first attempt made by
any people to temper by agreement the savagery of war. ^

Eighty-eight years after this agreement the confederation
passed through a crisis which threatened its very existence.
The danger in this case came from within instead of without.
Discord among the states had been increasing for some time,
for it was plainly to be seen that the interests of the cities
and the rural communities widely diverged.

The league had been formed on a basis of equality of
states, but it could hardly fail, in course of time, that the
cities, with their larger and more cultivated population,
should exert a more commanding influence in the politics of
the nation than the agricultural cantons, whose boundaries
were comparatively stationary and people less progressive.
The moral weight Avas on the side of the cities, but the vote
in the Federal Diet exhibited four rural states against three
municipal, with Zug in a changeable position, as it was
composed of both city and country. The policy of Schwyz,
Uri, Unterwalden, and Glarus had degenerated into chronic
opposition to the desires of Zurich, Bern, and Luzern. The
Forest States regarded themselves as the founders of the
League and still the centre of its life. They were jealous of
the increashig power of the towns, their wealth and evident
influence with foreign nations. They feared also for their

1 Dandliker, Gesch. d. Schweiz, I., p. 560. Same, I., p. 594 : ♦' The Con-
federation which in the 19th century established the Convention of Geneva
for the protection of the wounded, had already in the 14th century, for
the first time in the history of the world, mitigated the barbarity of war."

Origins of the Commomvealth. 15

hard-bought freedom, should the aristocratic cities gain the
upper hand, and the municipalities on their part had given
cause for suspicions of this kind, for in the government of
their territories they made distinctions between citizens within
and without the walls, much to the disadvantage of the latter,
and in general held their rural subjects in invidious sub-
ordination. The Forest States had no desire to become
appendages of the rich, aristocratic, and sometimes unscru-
pulous governments of Bern, Luzern, or Ziirich. The cities,
moreover, had appeared to reap most of the advantage from
the confederate wars. Their territories had grown larger by
annexation, while the enclosed central states must remain the
same. Especially in the war with Charles the Bold, Bern
had gained greatly in extent on the west, while the immense
booty taken in battle and the tributes laid on conquered cities
seemed to the country cantons to be unfairly divided, for all
w'ere supposed to receive an equal share. The cities pro-
tested that it was no fair division of booty to give each one
of the country states, who had all together furnished 14,000
men for the war, an even share with Bern which had sent
out 40,000. Another bone of contention was the enlarge-
ment of the union. The cities had for a long time desired
to bring the cantons of Freiburg and Solothurn into the
League. This was a step recommended by policy as well as
by friendship, for by this means the borders of the confed-
eration would have been rounded out to limits nuich better
fortified by nature, not to mention the numerical increase in
military forces. But these were municipal governments,
and the Forest States, unwilling to add more to the voting
strength of the cities and thereby place themselves in the
minority, refused again and again to admit these cantons.

The situation daily grew more critical. Schwyz, Uri, and
Unterwalden made an agreement with Glarus to stand by
each other in case of attack. Luzern, Bern, and Zurich
made a compact of mutual citizenship, a form of agreement
by which they sought to circumvent the oath they had taken
in the League of Eight to enter into no new alliances.

16 State and Federal Government in Switzerland.

Just at this point there was alleged to have been discov-
ered a plot to destroy the city of Luzern by countrymen of
Obwalden and Entlibuch. The cities were thrown into a
frenzy and peace was strained to the utmost. Threats and
recriminations passed from side to side, but finally, as an
almost hopeless eifort toward reconciliation, a Diet was called
to meet at Stanz on the 8th of December, 1481.

The details of this conference read like romance, so great
was the transformation which took place in the feelings of
the confederates. Much controversy has arisen over the
causes of this sudden change of sentiment. Whether it was
the moral influence of the hermit Nicolas von cler Fliie or
the statesmanship of Burgomaster Waldmann which brought
it about is difficult to decide, but just as the Diet was
about to break up in confusion a compromise was effected,
and an agreement was drawn up which is known as the Con-
vention of Stanz [Stanzeri'crkomniss). In this convention
the agreements of the Perpetual League, the Pfafenbricf and
of the Sempacher Brief are re-affirmed and the new separate
alliances abolished. As to the matter latest in contention, it
was agreed that movable booty should be divided according
to the number of men sent into war, but new acquisitions of
territory should be shared equally among the states partici-
pating. Thus the principle of state-rights was preserved and
the idea of popular representation received its first, and for
three hundred years almost its only recognition. In another
agreement, made the same day, Freiburg and Solothurn were
admitted to the League on equal terms with the others.

Li 1501 the confederation was enlarged by the admission
of Basel, which, on account of its situation and importance,
was a most desirable acquisition, and in the same year the
addition of Schaffhausen, like Basel, a free imperial city with
outlying territories, still further strengthened the union.

The next, and for two hundred and eighty-five years the

1 Eidgen. Abschiede, I., p. 696. Oechsli, p. 203.

Origins of the Commonwealth. 17

last, addition to the inner membership of the alliance was
Appenzell. This canton had often sought admission, but
had hitherto been refused on account of the warlike disposi-
tion of the people and their liability to get into trouble
without sufficient cause. Indeed, all three of these new states
were placed in a subordinate position, as may be seen from
the fact that they were enjoined from making new alliances
or beginning war without the consent of the other confed-
erates. For Basel and Schaffhausen the peculiar arrange-
ment is made that in case strife should arise between other
members of the League, they are to endeavor to mediate
peaceably, but failing in this they are to stand by, let them
fight it out and aid neither party.

Connected Avith the confederacy there Avere, for varving
periods and in different relationships, other territories and
cities more or less under its control. One class consisted
of the so-called Allied Districts [Zugewandte und Verbundete
Orte), who were attached to the central body not as equal
members, but as friends for mutual assistance. This form of
alliance began almost with the formation of the league, and
gradually extended till it included St. Gallen, Biel, Neucha-
tel, the Bishopric of Basel (which territory lay outside the
city), the separate confederacies of Graubiindcn and Valais,
Geneva and several free imperial cities of Germany, at one
time so distant as Strassburg.

More closely attached to the confederation were the Gemeine
Vogteicn, or subject territories, whose government was admin-
istered by various members of the league in partnership.
These lands had been obtained partly by purchase or for-
feiture of loans and partly by conquest. The desire for
enlargement of territory began early in the history of the
cantons, and all of them added individually or in partnership
to the extent of their possessions. In the fifteenth century
this ambition seized upon the confederation itself. Previous
to the battle of Sempach the struggles of the Swiss had been
to defend their rights and hereditary privileges. After that

18 State and Federal Government in Switzerland.

decisive occasion their aims were toward increase of power,
and, while the cantons had generally enlarged their borders
by purchase, the confederation as a rule made use of force.
Thus in 1410 seven states joined in the subjugation of
Eschenthal, an Italian possession beyond the Gotthardt. Of
greater importance was the acquisition of Aargau. This was
a fief of the house of Austria and had faithfully followed its
fortunes, but when the Council of Constance excommunicated
Duke Frederic, the Emperor Sigismund placed him and his
territories under the ban of the Empire and invited the con-
federates to take possession of Aargau. As they had only
three years before made a fifty years peace with Austria, they
were reluctant to do so, but finally succumbed to the tempta-
tion. Uri alone would have nothing to do with it. The
other seven assumed the government, and administered its
affairs by governors appointed alternately from each state,
dividing the surplus revenues equally between themselves.

In consequence of another quarrel with Austria in 1460,
the Swiss took possession of Thurgau, and after some forty
years of contention obtained complete jurisdiction in 1499.
The inhabitants at that time desired admission to full mem-
bership in the league, but the confederates had become so
greedy of spoils that they would not forego the advantages
of the offices and revenues. They were democrats at home
but not abroad, so Thurgau remained imtil 1798 in a condi-
tion of subjection to the League of Thirteen.

By various means and under differing conditions other
districts were brought under the rule of the league during
the next few years, so that before the middle of the sixteenth
century nearly all the territory now included in Switzerland
was in some way connected with the confederation.

Upon this territorial basis of states, subject lands and
allies, the fabric of government stood till the close of the
18th century. It was a loose confederation, whose sole organ
of common action was a Diet in Avhich each state was
entitled to one vote. During the infancy of the league the

Origins of the Commonwealth. 19

machinery of federal government was simple indeed. "When-
ever anything needed to be done in concert, the state to
whom the matter first occurred called a Diet ; delegates were
appointed, and these, upon assembling, acted according to the
instructions of their home governments. If disagreement
arose between two states, each appointed referees, and if these
were unable to agree, a third was chosen by the other two,
and his opinion prevailed. Such were the beginnings of the
Swiss Federal Tribunal. In war each state furnished and
maintained its own soldiers, unless the campaign was under-
taken for the special benefit of a single state ; then the canton
which called in aid maintained the forces while within its own
boundaries.

The formal bond of union was for five hundred years
hardly more than this. In later times the Diet assumed
more of the duties of the primitive arbitration committees,
and was recognized more as a central organ of communi-
cation, yet the written articles of confederation were but little
different from the early beginnings. The actual bond of
union, however, owing to the pressure of circumstances, was
greater than written agreements. Until the Reformation had
introduced religious schism between the states, the presence
of powerful enemies on every hand kept fresh the sense of
mutual dependence, and the Swiss Confederation rose above
the letter of its constitution ; but when it had passed through
the struggle for existence, and the principle of state-rights
found no impediment in its way, the weakness of the central
government became sadly apparent.

The Diet, which at the height of its power had no means
of enforcing its own decrees, was even for a time during the
Reformation split into Catholic and Evangelical parts which
acted separately. When united again, the small powers which
had been exerted rapidly faded away. The acts of the Diet
were in no sense legislative, but rather recommendations to
the several states, for, though the resolutions passed may have
had the form of law, they were obeyed only when it suited

20 State and Federal Government in Sivitzerland,

the individual cantons. The military aifairs of the country
reached a deplorable condition, notwithstanding numerous
attempts to provide for a uniform system of national defense.
Jealousy and indifference broke down all efforts to strengthen
the central government, and the country was open to the first
invader.

The situation was similar to that of the United States
under the old confederation after the war of independence
was over, except that, on account of religious differences, the
disintegration of interests was more marked in Switzerland
than in America. Had the United States continued under
that form of government for a century, or even a generation
longer, their political condition would doubtless have been
as bad.

Almost the only thread that held the Swiss Confederation
together was the possession of subject lands. In these they
were interested as partners in a business corporation. Here
were revenues and offices to watch and profits to divide, and
matters came to such a pass that almost the only questions
upon which the Diet could act in concert were the inspection
of accounts and other affairs connected with the subject
territories. These common properties were all that prevented
complete rupture on several critical occasions.

Another marked feature in the condition of government
was the supremacy gained by the patrician class. Muni-
cipalities gained the upper hand over rural districts, and
within the municipalities the old families assumed more and
more privileges in government, in society, and in trade. The
civil service in some instances became the monopoly of a
limited number of families, who were careful to perpetuate
all their privileges. Even in the rural democracies there
was more or less of this family supremacy visible. Sporadic
attempts at reform were rigorously suppressed in the cities,
and government became more and more petrified into aris-
tocracy. A study of this period of Swiss history explains
many of the provisions found in the constitutions of to-day,

Origins of the Commonwealth. 21

which seem like over-precaution against family influence.
The effect of privilege was especially grievous, and the fear
of it survived when the modern constitutions were made.

The Helvetic Republic.

These aristocracies were particularly obnoxious to the
revolutionists of France, and, after they had sufficiently
cured the evils of human society in their own country, they
determined to rectify the political affairs of Switzerland
according to their views of the rights of man. The army of
the Directory was charged with the propagation of the new
doctrine, and the Swiss were obliged to receive a new form
of government at their hands.

A more complete change in the political character of
Switzerland than that introduced by " La Ke])ublique Hel-
vetique" in 1798 could hardly have been imagined. Where
had been a Staatenbund of the frailest kind was erected in a
day a unitary state with central government. What had
been independent sovereign states now became departments
only of a larger unit, or, in some cases, several were thrown
together to make a single department. Bern, the largest and
most aristocratic, was divided into four, and general havoc
was made with existing institutions.

The central legislature consisted of a Grand Council of rep-
resentatives elected from the cantons according to population,
and a Senate of four delegates from each canton, to whom
were to be added from time to time the retiring members of
the Directory. Senate and Council together elected the
Executive Directory of five members. These in turn ap-
pointed four ministers for different departments of adminis-
tration, and together wielded the executive power of the state.

Local administration was carried out by prefects in the
cantons, sub-prefects in the districts, and agents in the com-
munes. These were offices hitherto unknown in Switzerland,
and their connection with each other and the central power
formed a distinct innovation.

22 State and Federal Government in Switzerland.

Such radical changes and such reckless disregard of past
conditions could hardly be expected to find cordial accept-
ance. Discontent was held in check for nearly five years
by French bayonets, but the Helvetic Republic was finally
driven across the border before a storm of reactionary indig-
nation. Although this was a period of visionary experi-
ment in government, and political abuses exasperated the
Swiss beyond endurance, the educating influence of that short
experience in centralized government must not be left out of
account. Many of the most patriotic minds were enthusi-
astic for greater unity, and endeavored to direct their country
toward higher ideals of politics and social welfare. Many
things were begun that have only in these later years again
become established, but so rudely was the matter thrust upon
them, and so greedy were the saviors who came to their
rescue, that reaction was inevitable.

The Act of Mediation.

Napoleon Bonaparte, however much he desired to make
Switzerland an appendage of France, and to use her military
forces as his own, appreciated the historical fitness of things
and the political instincts of the mountaineers. He gave
them a constitution in his Act of Mediation, which restored
the local autonomy of the cantons but still retained a central
government. It was, indeed, a restoration of the confeder-
ation in a form which suited the times,^ but it was not a
restoration of old conditions in the cantons. The Act of
Mediation contains a federal constitution, but the first nine-
teen chapters outline the fundamental law of as many states.
To some of these democratic, to others representative govern-
ments were given. To Uri, Schwyz, Unterwalden, Zug,
Glarus, Appenzell, and Graubiinden, the old follonote, the
Landesgemcinde and council were restored, as better suited to
the inclinations and habits of those states. The distinctions

' Bluntschli, Schweiz. Bundesrecht, I. 460.

Origins of the Commonwealth. 23

and privileges of the patrician municipalities which had been
overthrown by the Helvetic Republic, were still held in check,
and despite the reactionary eiForts of the original thirteen
states, the former subject territories retained their newly
acquired sovereign rights. The national legislature was
made again into a Diet, but regard was paid to population by
giving two votes to those states having 100,000 inhabitants
or more. Six of the most important cantons, Freiburg, Bern,
Solothurn, Basel, Zurich, and Luzern were appointed VoroHe
to take turns at the head of affairs for one year at a time.
During that year the capital of the Vorort became the seat of
the Diet, and the chief magistrate became also the president
of the Confederation, with the title Landammann of Switzer-
land.

For a period of eleven years government proceeded under
these forms, but the moving spirit was all the while the man
of destiny at Paris. Switzerland was not only allied with
France but controlled by her. A contingent of sixteen
thousand'^ Swiss must constantly be kept in the armies of
Napoleon, and in all external relations Switzerland was
treated as part of France. Bits of territory were torn off at
Bonaparte's convenience and given to this power or that, as
occasion suggested. The laws of commerce and industry
were regulated to suit the financial policy of France, and
protest was met with threats or harsh measures.

But the fall of Napoleon brought with it the destruction
of his governmental experiments in the Alps. At the first
crash every ancient privilege leaped forth to claim its own as
it had been before the advent of the French. Bern demanded
the provinces of which it had been shorn ; the democracies
wished again to be the owners of other democrats ; and reac-
tionaries in general believed their time had come. Yet to
this there was a measure of restraint, even in the reactionary
European powers, for the Congress of Vienna would not go

' In 1812 reduced to 13,000.

24 State and Federal Government in Switzerland.

as far as many Swiss desired in re-establishing ante-revolu-
tionary conditions. While the latter were endeavoring to
come to some agreement among themselves as to the general
principles of a new constitution, and were succeeding only in
splitting into two conventions in which the eight old cantons
stood out against the rest, the Powers allowed it to be dis-
tinctly understood that the newly made states must be received
on an equality with the others. Seeing that further efforts to
bring back the old conditions of servitude would be futile,
the ultra-reactionary cantons joined the more moderate in
forming the Pact of 1815, which, sanctioned by the Vienna
Congress, became the federal constitution for the next three
decades. Geneva, Valais, and Neuchatel were admitted to
membership in the confederation, which from now on is
composed of twenty-two states.

The Pact of 1815.

In most respects the interval between 1815 and 1830 was
a period of stagnation ; from other standpoints it was a
season of convalescence. Central government went back to
the previous century. The highest power was again vested in a
Diet of ambassadors from each canton, voting according to
the instructions of their governments. There may have been
several delegates, but there was only one vote for each state.
This Diet, however, in distinction from some of its prede-
cessors, might declare war or peace by consent of three-
fourths of the cantons, and decided by majority vote the other
matters coming within its competence. Such were treaties
of commerce ; but freedom was also given the cantons individu-
ally to enter into agreement with foreign governments, even
to the extent of military capitulations, while the fatal weak-
ness of the whole constitutional framework lay in the inability
of the Diet to enforce its own decrees.

The Pact of 1815 was a reactionary triumph which delayed
for nearly half a century the development of the country.
Little trace of the radical theories of the French Revolu-

Origins of the Commomcealth. 25

tion found a lodgment at this time in Swiss institutions.
Religious liberty, the right of assembly, the freedom of the
press are passed over in silence, abandoned to the idiosyn-
crasies of states.

The privileged classes again obtained their ascendancy,
though not to the extent which prevailed before the Helvetic
Republic. There was general peace in Europe, and the
states, not being called upon to unite against foreign danger,
were left to work out their own problems in their own
fashions with the least possible interference from a central
power. These problems were solved universally in a spirit
of reaction, yet there was always a small but enlightened
minority struggling for better things. The eifects of these
efforts were first felt in the politics of the states themselves.
As the French revolution of 1793 found its echo in Switzer-
land, so the July revolution of 1830 was reflected in the
same region, but in this case affected first, not federal gov-
ernment, but the constitutions of the more advanced cantons.
A cry went up for more popular representation in legislation
and administration, and it was along these lines that advance-
ment was made from time to time, until the old federal system
became more and more unfitted for the new conditions.

Economic questions also played a part in bringing about
political changes. The rapid advancement of manufactures,
means of communication and transportation called for more
enlightened treatment of political and social problems. The
weaknesses of the old Confederation were in a manner
patched up by agreements or treaties between the states.
Concordats, as they were called, touching validity of marriage,
the laws of commerce, weights and measures, and other mat-
ters, were established between as many states as cared to join,
but these M'ere insufficient to cover the nakedness and im-
I)otence of the central government. Beside the growing
and aspiring political institutions of the states the latter
became an anachronism, finally so acknowledged by all
friends of good government.

.26 State and Federal Government in Switzefrland.

The Diet itself in 1830 resigned any powers of interfer-
ence it might have used to assist or hinder the progress of
constitutional reform, by passing a resolution to the effect
that " every state in the confederation by virtue of its
sovereignty was free to undertake any changes in its constitu-
tion which seemed desirable, so long as these changes were
not in opposition to the articles of union, and that the Diet
would not interfere in any way with the constitutional reforms
already effected, or any that might be undertaken in the
future."

This permitted, indeed, the free movement of reform, but
took away at the same time the guaranty of safety which
members of a league might expect from a central government.
The Diet was requested to guarantee the new constitutions
in several states, but, in view of its own weakness in the past,
refused. Hence seven cantons, Luzern, Zurich, Bern, Solo-
thurn, St. Gallen, Aargau, and Thurgau, all of which were
of progressive, if not of radical tendencies, joined in an
agreement for mutual protection. This so called Siebner-
concordat provided that when strife arose in any of these
states concerning infractions of the constitution, the others
should act as arbitrators, and, if necessary, give protection
by force of arms.

At this day we can easily see how great a mistake it was
on the part of the liberal party to abandon, even to this
extent, the ideal of a united country. It was doubtless
thought that the consolidation of progressive states would
tend to spread reconstruction till reformers should be in the
majority. But the result was quite otherwise. Very soon a
conservative league, known as the Sarnerbund, was entered
into by Uri, Schwyz, Unterwalden, Baselstadt, Neuchatel,
and Valais. On one side were thus arrayed moderate liberals
and radicals, and on the other conservatives and immovables
of the old confederation. But if the party of progress made
a mistake in combining into a league which was in such
doubtful accord with the bond of union, the Sarnerbund

Origins of the Commonwealth. 27

made a greater in withdrawing from the Federal Diet and
meeting in a separate convention. The seceding states
announced that they would not send representatives to the
general congress so long as the delegates from certain parts
of Basel and Schwyz, which had revolted from their home
governments, should be recognized. Meanwhile, a revised
federal constitution, which offered some improvements to
the Pact of 1815, by strengthening the central government,
was submitted to vote in the cantons, but satisfying neither
the advanced liberals nor the conservatives, failed of adoption
(1832). Encouraged by this action, the authorities of Basel
and Schwyz endeavored to coerce their refractory parts into
obedience by military measures. This roused at last the
federal government, which, putting 20,000 men into the field,
enforced the recognition of the two parts of canton Basel,
dissolved the Sarnerbund, and compelled the states com-
posing it to send delegates to the Diet (1833).

It required, however, one more great national peril to
bring about the introduction of a federal constitution.
Secession again came so near being successful that the con-
struction of a strong central government could no longer be
put off. In 1846 a new Sondci'bund came to light, but the
lines of demarkation were different from those of its prede-
cessors. The former were based upon political theories and
practices ; in the latter the questions at issue were almost
entirely religious, and separated states which had pre-
viously been in league. Many things had occurred during
the previous decade to engender bad feeling between the
Catholic and Protestant confessions, though at first the
boundary lines of states had not been crossed in any of the
controversies. The advanced radicalism exhibited in some
parts had brought about a strong reaction in other states, a
reaction which in a number of the Catholic cantons demanded
the placing of Jesuits at the head of educational affairs.
Luzem was one of the most fiercely reactionary cantons, and
engaged the ill-feeling of the reform party to such an extent

28 State and Federal Government in Switzerland,

that the state was even invaded by volunteer military com-
panies, which came to the aid of the small minority of agitators
within. But these Frcischaren were too incoherent to effect
anything more than an increase of bad feeling and to give a
partial excuse for secession.

This Sonderbund was for three years kept secret, but in
1846 the gravity of the breach" which it made in the federal
constitution became known. Agreements between states on
matters concerning themselves were permissible, but a politi-
cal and military organization such as this was too great for
even the union of 1815 to bear. Luzern, Uri, Schwyz,
Unterwalden, Zug, Freiburg, and Valais were found pre-
pared for practical rebellion against the remainder of the
confederation. The Diet, by a close vote, demanded the dis-
solution of the Sonderbund, and 80,000 troops were put in
motion. In a vigorous campaign of eighteen days the rebellion
was broken and the authority of the confederation restored.

The New Confederation.

Revision of the constitution could no longer be delayed.
The Diet went busily to work upon a new project, and on the
12th of September, 1848, the organic law which at the pres-
ent day forms the foundation of the confederation was adopted
by a large majority of the Swiss people. Amendments have
been made from time to time, especially in 1874, but these
have all been enlargements of powers already existing, and
adaptations of inherent principles to the advances of time.

Switzerland obtained its federal government sixty years
later than the United States, but had five centuries of preju-
dice to overcome. During that long period the great aim
and end of all political strife was local independence, and in
consideration of the race origin of the people, their national
instincts, national experiences, and political education, it is
no wonder that the phrase "sovereign state" should be con-
spicuous in the constitution. All the elevating memories of
the national history, all the inspiring traditions which had

Origins of the Commomcealth. 29

been bred into national sentiment generation after generation,
were connected with a league of states of almost insulated in-
dependence. The darker periods, when fraternal feeling lost
its hold and when disunion received its just reward, were en-
veloped in motives, religious, ambitious, or pecuniary, which
are so deeply wrought into human nature that isolation, once
engendered, easily perpetuated itself, grew deeper, and fast-
ened itself into the national habit of thought.

Then, when solidarity was first offered, the form of it was
so historically crude and so rudely forced upon the country,
that, although common misery broke down many old preju-
dices, love for unity could hardly come out of it. Yet local
independence has been a vital element in the evolution of the
Swiss nation. By confederation this people became strong,
but, after all, the motive of union, the mainspring of politi-
cal combination, was desire for local independence. With-
out this the Swiss republic would not have existed. At the
beginning there would have been nothing else to fight for.
Later on there would have been no reasons for wider com-
binations, and, although it was at times sadly abused, the
Swiss people, as they look back over the history of their
neighbors who fell under the power of dynasties, may thank
fortune that individuality was maintained.

The value of unity has been learned by hard experience,
but through it all a vigorous local self-reliance has been cul-
tivated, than which there is no surer foundation for safe politi-
cal activity in larger fields.^

' The author, in another essay, has endeavored to explain by itself the
origin and continuity of the state-rights idea. See "A Study in Swiss
History," Papers of the American Historical Association, Vol. III., p. 14G-
164.

CHAPTER II.

The Confederation and the Cantons.

The Swiss Confederation is composed of twenty-two states
which differ widely in area and population. Three of these
are divided into "half-cantons," as they are called, so that
altogether there are twenty-five governments within the con-
fines of the territory.^ In extent these vary from 2774 square
miles for the largest, down to fourteen for the smallest,
and in population from 539,000 to 12,000, though territory
and population do not vary according to the same scale, since
some of the smaller states contain comparatively more people.
Altogether the Confederation covers about 15,937 square
miles of territory, the habitable part of which is about as
large as the states of Massachusetts, Connecticut, and Rhode
Island combined, and contains about three millions of people.

Differences in the physical character of the various parts of
the country are also very marked, causing differences of occu-
pation to the inhabitants, variations in personal character-
istics, and leading, especially in early times, to different ideas
of government and society. Differences in language also,
dating from the settlement of Helvetia after the fall of Rome,
and perpetuated by the natural divisions of the country, have
emphasized these various political instincts and given to the
institutions of Switzerland an unusual diversity, which,
though now disappearing under the influence of rapid com-
munication, adds interest as well as difficulty to the study of
its history.

Thus, we observed at the beginning that the original strug-
gle for freedom and the primitive confederation began in the

' Including the Federal Government, twenty-six.

The Confederation and the Cantons. 31

secluded valleys of the high Alps. To-day we find in the
same valleys the original ideas of government and the institu-
tions of the fourteenth century best preserved. In the more open
country, accessible to the march of commerce and outside
civilization, institutions have takep on forms determined by
the necessities of larger life, and have fluctuated to a greater
degree than in the mountain districts. A greater tenacity
also in religious opinion has been exhibited in the remote
highlands, and in general a stronger spirit of conservatism.
Language and race also play their parts. It was stated at
the outset that the history of Swiss institutions was essen-
tially a study of Germanic political ideas. This was unques-
tionably true so long as states of other languages held subordi-
nate places in the confederation, but now that French and
Italian cantons are represented in the deliberations of the union
on a proportional basis, the influences of Romance thought must
be reckoned with the rest. The problem of language is not,
as in the United States, a question of more or less rapid
amalgamation.^ The three tongues have existed side by side
for centuries, and their individuality is recognized in the
federal constitution by providing that laws shall be printed
in all of them, and that in the distribution of certain offices
regard shall be paid to the language of the people for whose
benefit the official serves. At present the proportion of the
population speaking German is about 71 per cent against
21 per cent French and 5 per cent Italian. In spite of all
theories these three nationalities have lived side by side, not
only in harmony, but in active co-operation. The confines
of the union do not even follow the natural configuration of
the country ; one language is separated from the rest by a
lofty mountain-chain and another by the waters of the Rhine j
yet no region can be said to be more patriotic than the others,
and none desires to be separated from the confederation.

' Except for a small body of people in Graubiinden, who speak " Ladin-
isch "or " Roraanseh," which is giving way before the German.

32 State and Federal Government in Switzerland.

These considerations might be referred to the domain of
local institutions and antiquarian research, were it not for the
fact that in these modern days each locality has an opportu-
nity to exert its influence upon general concerns. By means
of the Federal Legislature and the popular veto upon the
work of that body, the political education and natural
instincts of all sides will not fail to be felt, and in estimating
popular action upon any given problem all the conditions
must be considered.

As indicated by the name, the form of government which
binds these diverse elements together is not that of a unitary
state in which the cantons act as administrative divisions,
like the departments of France, but it is a federal state, in
which certain powers are delegated to a central government
while the rest are exercised by the individual parts. In this
it resembles the United States of America, but with certain
minor differences which will appear as we proceed.

The cantonal constitutions, and the federal as well, declare
with one accord that " the cantons are sovereign in so far as
their sovereignty is not limited by the federal constitution,
and as such exercise all rights which are not delegated^ to the
federal power." They might, perhaps, be more strictly
defined as autonomous states, united, for purposes common
to all, in a central government ; the sovereignty residing in
the people as a whole, but finding two modes of expression,
one for local, the other for general affairs.

They were formerly sovereigTi states and lived under a
league like so many foreign powers, but when they joined in
1848 in forming a federal compact, they came, like the United
States in 1789, into a new state which seemed but a natural
growth from the old, but which eludes precise definition.
Also, as in America, the consciousness of solidarity has been

'The words " expressly delegated " were used in Napoleon's constitu-
tion of 1803 (Act of Mediation, chap. 20, sec. 13), but, like the framers of
the American federal compact, the Swiss of 1848 rejected that limitation.

The Confederation and the Cantons. 33

a matter of slow development, even after the forms of constitu-
tional unity had been accepted.

The line of demarcation between the functions of state and
nation is not so strictly defined in Switzerland as in America.
In the United States the powers given to the federal govern-
ment are wielded by it exclusively, but in Switzerland it will
be seen that the cantons, in some cases, join hands with the
central government in exercising general functions. This is
the case in the organization and maintenance of tlie army.
Cantons are also allowed to make treaties with foreign gov-
ernments on minor matters, whereas in the United States
the federal government is the only treaty-making power.
Diiferences will be noted in other departments of the state,
but a tendency toward centralization is distinctly visible in
the history of administration since 1848. In fact, whole
fields of legislation which were not thought of at the forma-
tion of the constitution have been almost by necessity given
over to the central power.^

On the other hand, curious combinations of administrative
duties have been established. In the management of the
military exemption tax, all the work of assessment and col-
lection is performed and paid for by the authorities of the
cantons, who turn over to the federal government one-half of
the gross receipts. The administration of the alcohol mo-
nopoly, on the contrary, is controlled exclusively by federal
law and federal officials, and every franc of net income is paid
to the states.

The foremost point of contact between Confederation and
Canton will be found in the guaranty by which the former
upliolds for each state its territory, its sovereignty, the rights
and privileges of its people and citizens, and the rights which
its people have delegated to its authorities. The federal gov-
ernment of the United States simply guarantees to each state
a republican form of government, with no mention of its

' For instance, the control of communication by telephone.

34 State and Federal Government in Switzerland.

name, size, or boimdaries, but in the Swiss constitution,
the fact will be noted that the cantons are all enumerated
by name as the twenty-two sovereignties which compose the
confederation. The result is that no enlargement can be
made, either by addition from without or by subdivision
within, without an amendment to the constitution, or, in
other words, by general consent. In case a foreign state
threatens to deprive a canton of part of its land, resistance
becomes a federal matter. The question as to whether new
members should be taken into the confederation did not, at
the time of the formation of the constitution, depend on the
development of large unreclaimed territories in the vicinity of
the states, but had already long been practically settled by the
events of history and the divisions of nationality.

Again, when states revise their constitutions they must
submit the amendment or revision to the inspection of the
central government, and if the two houses of the Federal
Assembly agree that nothing in it contravenes the federal
constitution, then, and not before, can the act take effect. If
there are defects of this kind in the instrument, they are
pointed out in the legislative report, and the result is, that,
although the state may not expunge the objectionable clauses
at once, they are regarded as void. Comments are also
sometimes added, respecting doubtful clauses, to the eifect
that they must not be interpreted to mean this or that, thus
forestalling any future or hidden strain upon the federal con-
stitution.

The control over state government in this matter is thus
made much more direct than in the United States, where the
federal power, through its Supreme Court, exercises an indi-
rect right of veto on state constitutions, but instead of pro-
nouncing in advance, waits till some person has suffered and
a concrete case at law comes before it. This method is in
the end as effective, but tardier and more circuitous. In
both cases, however, this control is not the arbitrary inter-
ference of a central administration, but is based on a contract

The Confederation and the Cantons. 35

to which all originally agreed. The cantonal constitutions
must themselves assure to their citizens the exercise of
political rights according to a republican form of govern-
ment, either representative or democratic, and must be sub-
ject to revision whenever a majority of citizens demand.
Consequently a similarity of institutions is provided, but
with wide scope for individuality in local government. It
would not be possible for any state to erect itself into a prin-
cipality, nor to exclude a large number of its citizens from
the exercise of political rights without invoking the interfer-
ence of the federal government.

In order to make its own guaranty effective, one central
power must have a monopoly of the affections of its con-
stituent parts. Hence every other political alliance between
the cantons is forbidden. They may make agreements on
matters of administration or internal legislation of common
interest not contrary to the general constitution, but nothing
like treaties of offense and defense can be tolerated. Such
provisions might well be expected in the constitution of the
Swiss. Nothing is more glaring in the history of that coun-
try than the evil of separate alliances. Ever since the time
when cities were first joined to a confederation of rural states,
there has been a tendency to combine into separate leagues.
The religious animosities which rose out of the Reformation
strengthened these centrifugal forces, till finally the secesMon
of 1848 brought the country to the verge of ruin. Aroused
by the danger so narrowly escaped, the Swiss at once formed
a central government worthy of the name, and settled once
for all the question of separate alliances of states.

When there are internal disturbances, either a conflict
between cantons, or an insurrection within a state, the fed-
eral government has certain powers of intervention. The
canton threatened shall at once advise the Federal Council of
its predicament, and the latter shall take such measures as it
finds necessary, or convoke the Federal Assembly. In case
the cantonal government is not in condition to invoke aid, the

36 State and Federal Government in Switzerland.

federal authority may intervene without a requisition, especi-
ally when such a disturbance compromises the safety of the
country.

But occasions for forcible interference are in a measure
forestalled by the agreement of the states not to rush into
conflict hastily. "The cantons are bound, if strife arises
between them, to withhold themselves from the taking up of
arms or any measures of self-help, and to submit to the fed-
eral decision." ^

The extent to which the Confederation may intervene in
the aifairs of a state without a requisition from the latter has
never been fully defined. Neither laws nor precedents have
established rules upon the subject, but recent events in Can-
ton Ticino have shown tendencies which will doubtless fix
the practice of the future.

The " Ticino Question," which has been before the public
at least since 1876, starts with a constitutional conflict. The
cantonal constitution, dating fi'om 1830, divided the state
into election districts, and provided that three representatives
should be elected to the State Legislature from each district,
irrespective of the number of inhabitants. The Federal As-
sembly declared this to be contrary to the spirit of the na-
tional constitution, and ordered that representation according
to population be observed.

Another cause of trouble was the custom of allowing Tici-
nese natives to maintain a right of domicile in the state while
living elsewhere, and to return at indefinite times to take
part in elections. Various federal decrees and decisions from
1876 down to 1888 have endeavored to fix rules for persons
who desire to retain their voting privileges in Ticino, all
tending to stop double citizenship, but meeting with only
partial success.

At several times insurrections have broken out, notably in
1889, and again in October-November 1890, for the sup-

' Fed. Const., Art. 14.

The Confederation and the Cantons. 37

pression of which federal troops were called out. These
affairs were, in every case, ebullitions of state politics, and the
cantonal authorities aifectcd to ignore the national govern-
ment because the disputes were not between separate states.
But the Federal Council, Nvith the approval of the Assembly,
has not hesitated to intervene, and after restoring order has
instituted inquiries by means of federal commissioners.

From these examples at least two important ideas are to be
gathered. First, that the national government feels called
upon to subdue insurrection and maintain the legal authori-
ties in any state without waiting for a summons from the
latter. Second, that the central authority is competent to
inquire into the validity of a state election, not only for mem-
bers of the National Assembly, but also for the State Legisla-
ture. It does so on the supposition that this pertains to
that guaranty of personal rights and political freedom en-
joined by the federal constitution, and, though this interpre-
tation does not meet with universal approval, the acts of the
Federal Council have been sustained by the representatives
of the people assembled in the national legislature.^

' G. Vogt, Zur TessinerPrage, Rechtserorterungen, 1889. Hilty, Polit.
Jahrbuch, 1889, p. 579, etc.; 1890, p. 794, etc.

CHAPTER III.
Federal Legislation.

Tlie National Council {Nationalrath).

The law-making powers of the general government are
intrusted to a Federal Assembly, composed of two chambers
which are distinguished as the National Council and the
Council of States. The National Council is the more numerous
body, and occupies a position similar to that of the Amer-
ican House of Representatives. Its members are chosen by
districts numbering 20,000 inhabitants, or fractions over
10,000, every such district sending one representative, who
may be any Swiss citizen not of the clerical profession.^ The
apportionment is made according to a decennial census, and
the number of members has increased since 1850 from 120 to
145. The districts must lie entirely within cantonal borders,
hence sectional representation receives due acknowledg-
ment through the fractional districts.^ Yet there is the widest
diiference between the states with regard to the number of
representatives. Bern sends twenty-seven deputies, while
Uri, Zug, the half-cantons Obwalden and Nidwalden and
Appenzell-Interior have but one each.

The election is direct, and any Swiss citizen who is twenty
years of age and otherwise capable, according to the laws of
the canton of his residence, can take part. The term of office

' This provision is aimed especially at the Jesuit order, whose activity in
Swiss politics formerly awakened much opposition.

'^ Election jugglery is not unknown even in Switzerland. The cutting
of districts to suit party purposes, or what is known there as " Election-
district geometry" (Wahlkreisgeometrie), has been tried, but only to a
slight extent. Dubs, Oeffentliches Recht, II. 48.

Federal Legislation. 39

is three years, and the whole body is subject to re-election at
the end of that time.^ The members receive payment for
their services out of federal funds according to the amount of
attendance, the rate at present being twenty francs per diem
with mileage.^

A president and vice-president of the Council are chosen
at every session, but neither of these offices can be filled by
the same person during two consecutive sessions. The presi-
dent has a casting vote when the house is equally divided on
a measure, but in elections votes like any other member.

The Council also elects from its own number four tellers,
who with the president and vice-president form what is
called the Bureau. To this Bureau is intrusted the nomina-
tion of most of the committees, the business of looking after
the absentees and their excuses, beside the counting of votes
and certain other matters.

Two ordinary sessions are held every year, beginning on
the first Monday of June and the first Monday of December,
tlie summons proceeding from the Federal Council (Cabinet),
or if this should fail, from a demand of one-fourth of the
members of the Hoase itself, or that of five cantons.

The Council of States {Stdnderath. Conseil des Etats),

"When the evils of the old system of government by a Diet
of special delegates finally became unendurable, it was resolved
to adopt the bi-cameral system which had been so long in
operation in England and America, and for longer or shorter
periods in other countries of Europe. The basis for such a
division could not be the same as that in England, because
the constitution at the same time declared that there should

^ Elections for Nat. Council must take place in all districts at once, on
the last Sunday in October, by secret ballot.

- Mileages are fixed by an official "Distance Gazette," which includes
almost every hamlet in Switzerland. The rate is 20 centimes per kilo-
meter each way, with 10 centimes per kilometer additional for mountain
passes.

40 State and Federal Government in Switzerland.

be no distinction of classes in the confederation by reason of
birth, title, or privilege. Hence the American plan of repre-
senting the states, as such, in a house by itself came nearest
the condition of things in Switzerland.

The cantons are represented by two delegates each, making
forty-four in all ; the manner of election, the term of office, and
the amount of compensation being determined entirely by the
states themselves. Thus a great diversity of methods obtains
in these particulars. In some cautons the delegates are elected
by general popular votes, in others by the legislature. The
term of office varies from one to three years, and the tenure
being likewise variable, there is liability of continual change
in the personal make-up of the upper house.

Thus an assembly which fully represents the state-rights idea
has been formed, but lacking in the regularity of construction,
the facility in conduct of business, and the dignity with which
long tenure and experience in legislation naturally clothe a
senate. Owing to this fact, the best talent in political life
prefers to sit in the National Council, and consequently the
centre of gravity in federal affiiirs is to be found in the lower
house. The organization of the Council of States is similar to
that of the National Council, having a president and vice-
president chosen at every session.

Functions of the Federal Assembly.

In general terms, the Federal Assembly takes into con-
sideration all matters which lie within the province of federal
government. When the particulars are inquired into, it
will be seen that in addition to legislative duties it also
has certain administrative and judicial functions. The
Assembly not only maintains an oversight of these other
branches of government, but elects the officials who carry on
the work. The Federal Cabinet, the judges of the Supreme
Court, and the Chancellor, or Secretary of State, all owe their
positions to the vote of the Legislature.

It acts as a judicial body as a last resort in deciding on
complaints against the federal executive, and on questions of

Federal Legislation. 41

competence between different departments of the government.
Its properly legislative functions include laws upon the
organization and election of federal officials, their emoluments,
treaties with foreign powers and ratification of agreements
among cantons, the annual financial appropriations, and,
more fundamental than all, the power to act as a consti-
tutional convention when it so desires, or when a popular
vote demands. When acting in a legislative capacity, the
houses deliberate apart, and measures must obtain a majority
of votes in both to become laws ; but when electing federal
officials, or sitting as a court of justice, the chambers meet
together and matters are decided by a majority of all the
members combined.

Freedom of speech and liberty of action in voting are
guaranteed. No positive instructions can be forced upon a
representative in either house by his constituents.^ Inviola-
bility of person and freedom from arrest, except for crime,
during his term of office are further safeguards placed about
the legislator.

The Conduct of Business.

At the beginning of each session, the Federal Council sends
to the president of each house a list of the matters which have
been placed in its hands to bring before them, with comments,
showing the stage at which eaclf measure has arrived. These
may be subjects which have been previously referred to the
Council for opinion, or new matters brought to the attention
of the Assembly by state governments or by private indi-
viduals. The presidents then consult together as to which
house shall first deliberate upon each measure, and having
come to an understanding, each lays before his own house,
at its first or second sitting, the result of this division.

' Yet certain kind of responsibility is said to be placed upon members of
the Council of States in some cases where they are elected by cantonal
legislatures. This latter body sometimes requires the delegates to give
an account of themselves, thus exercising an ea; jaosi /ac/o control. Law
on the subject, Amt. Smlg. 11. 149, Wolf's Collection, p. 29.

42 State and Federal Government in Switzerland,

When bills are under discussion, the presence of a majority
of members is necessary to form a quorum, and a majority
of all votes cast is necessary to enactment. When passed by
one house, they are signed by the president and secretary and
sent to the other chamber. If passed by that body also, the
bill is returned to the first chamber which enacted it, and by
that given to the Federal Council for promulgation. If
amendments occur, the measure is referred back and forth
between the houses till agreement is reached or the matter
dropped. When an amended bill is brought up for discus-
sion, the points upon which an agreement has been reached
fall out of consideration and further debate is confined to
matters still in dispute.

Members of the Federal Council have a right to speak in
either branch of the assembly, and to make motions upon any
subject at the time under consideration. They are also sub-
ject to interpellation as to the conduct of affairs, and must
answer at the same or at the following sitting.

The daily sessions begin in summer at eight o'clock in the
morning, and in winter at nine, and continue as a rule five
hours. Members are required to appear in black clothing,^
and to answer to their names at roll-call or furnish an
excuse to the president. The absentees are noted in the
minutes, and if they do not appear within an hour, or are
absent without excuse, they lose their pay for the day.

Business can come before the houses either in form of (1)
motion, bill, or report from the Federal Council ; (2) a
communication from the other house ; (3) report of a
committee ; (4) motion of a member ; (5) or by way of a
petition. The president having fixed the order of the day
beforehand, precedence takes place according to the calendar.
The motion or report is then read in two official languages,
German and French. Members of the committee have at

' A reaction against the airs assumed by senators and representatives
of the Helvetian Republic, who distinguished their rank by conspicuous
garments, hats or sashes.

Federal Legislation. 43

this time a right to add explanations or note their dissent
from the report, and thereupon the debate opens.

Members address the house from their places, and may
speak to the question not more than three times.^ Those who
desire to take part may give their names to the president
after the debate has opened, and he is required to keep a list
of these in the order in which enrolled, and to grant the
floor accordingly. Members may use either the French,
German or Italian language, as educated Swiss are apt to
know at least two of these, but if any one so requests, the
translator, a functionary who assists the secretary, must give
the substance of addresses made. The debate may be brought
to a close by a two-thirds vote, biit must be kept open so long
as any member who has not yet spoken desires to make a
motion and to defend it.

When a bill is brought up for discussion, the ordinary pro-
cedure is, first, to decide whether the subject will be entered
into at all, and if decided affirmatively, whether to discuss it
at once, either as a whole or article by article ; but for changes
in federal private law [Civilrechtsgesetze] special regulations
are in force. Having decided to enter into a subject, and
then after discussion having voted to make certain changes,
the resolutions are referred to the Federal Council, who must
present a final bill adapted to the condition of existing
statutes. Thus the confusion in which a measure often finds
itself after a long debate, and the conflicts which may in haste
be overlooked, can be corrected by a' body of men who are
engaged in the execution of all classes of law, and can place
the demands of the assembly in logical relations.

Committees are appointed to consider business of all kinds,
but bills are referred to them, not of necessity, but by vote
of the house in each case. These committees may be chosen
by the chamber by open or secret vote, or the appointment
may be left to the Bureau, mentioned above, which consists
of the president and the four tellers. According to a rule of

' It is forbidden to read speeches from manuscript.

44 State and Federal Government in Switzerland.

the Council of States, all committees in that body on certain
groups of business, as railroads, military, etc., shall be newly
appointed every year ; a practice which one would think would
add to the weakness of that body. Tlie presidents of the two
houses are required to see that certain committees meet before
each session, so as to have some business ripe for immediate
discussion.

The rules of the Council of States do not differ essentially
from those of the lower house. Both are characterized by a
desire to have matters carefully examined and to give full
opportunity for discussion. The chambers are not so large
as to demand a rigorous cloture for the expedition of busi-
ness, and obstruction does not seem to be much in vogue.
The rules allow debate to be brought to a close by a vote of
two-thirds of the members present, but this cannot take place
so long as any member who has not yet spoken desires to
offer an amendment and to explain it.^
X The record of legislative proceedings is kept by an officer
known as the Federal Chancellor. He is elected by the Fed-
eral Assembly at the same time that the Federal Council is
chosen, and serves also for three years, but is not a cabinet
officer. A deputy, called Vice-chancellor, is appointed by
the Federal Council. His special duty is to keep the min-
utes of the Stiinderath, while the Chancellor attends to the
proceedings of the more numerous house, but with responsi-
bility for both. Clerical assistance will, of course, be under-
stood as necessary.

Hitherto these records have been kept only in condensed
form ; the practice in both houses being substantially iden-
tical in requiring simply a statement of the business brought
forward, and, when divisions are taken, the names of voters
for and against. Speeches are omitted. Efforts were made
recently to introduce stenographic reports of the proceedings
of the lower house, but the project did not meet with the
approval of the cabinet, nominally because of lack of space

' Geschaftsregelmeut, Art. 49, Wolf, p. 59.

Federal Legislation. 45

for reporters' tables in the chamber. The large additional
expense of taking down and printing fuller minutes doubt-
less also had weight in that decision.

The record of each day's proceedings is signed by the re-
spective presidents and secretaries of the houses. Laws and
resolutions also receive the same attestations, hence the for-
mula attached to every federal statute reads, for example, as
follows :

Also beschlossen vom Stiinderathe.
Bern, den 20. April, 1883.

Der Priisident : Wilh. Vigier.
Der Protokollfuhrer : Schatzmann.
Also beschlossen vom Nationalrathe.
Bern, den 23. April, 1883.

Der President : A . Deucher.
Der Protokollfuhrer : Ringier.

But the chancellor is not solely an officer of the legisla-
ture. He is a general master of records, having duties
similar to those of the Secretary of State in American common-
wealths, with supervision of the publication and distribution
of laws. "When the legislature is not in session he is secre-
tary to the federal cabinet, attends its meetings, and prepares
its communications and orders. Hence we find the promul-
gation of the law just noted bears the signature of the "Pro-
tokollfuhrer " in another capacity.

Bern, den 16. Oktober, 1883.

Im Namen des schweiz. Bundesrathes,
Der Bundespriisident,

L. Ruchonnei.
Der Kanzler der Eidgenossenschaft,

Ringia'.
The signatures of both the President and of the Chancellor
of the Confederation arc merely attestations of genuineness.
The President has no right to withhold his assent to any
document legally enacted, nor has he any veto power like that
of the President of the United States. This belongs to
another element in the state, which we must next consider.

CHAPTER IV.

The Law and the People.

The Referendum.

Bills which have been passed by both houses are promul-
gated by the Federal Council. In most other countries such
acts become laws at once on the date appointed in the publi-
cation, but in Switzerland there is another power to be heard
from before a measure can be truly said to have been enacted.
For ninety days the law may be said to be on probation, for
if within that time a sufficiently representative body of citi-
zens so demand, a popular vote must be ordered, and accept-
ance or rejection decided by that.

This procedure, known as the Referendum, is peculiar to
Switzerland. The history of its origin and growth, however,
is more fully treated under State Government, where the
institution has had larger development than in the confeder-
ation, and only the methods adopted for the federal plebiscite
will here be noted.

All laws, " not of an urgent nature," are published imme-
diately after passage, a sufficient number of copies sent to the
government of each canton, and for ninety days submitted to
inspection. The question as to whether a bill is urgent or
not is decided by the Federal Legislature itself, and if it is, the
Federal Council is ordered to put the same in force at once.
But if it is an ordinary law, and during this period of pro-
bation 30,000 citizens petition for a popular vote, the bill
must be submitted to that ordeal. It will be observed that
again both the democratic and the federal idea may be repre-
sented in this expression of opinion. The thirty thousand

^Fed. Const., Art. 89, Amtliche Smlg. N. F., I. 116, Wolf, p. 74, etc.

TJie Laio and the People. 47

citizens, being about one-hundredth part of the whole popu-
hition, or about one-twentieth of the voters, stand for the
democratic principle ; but if the request come from the legis-
latures of eight cantons, the eifect is the same. No canton,
however, has as yet used this privilege, the demand always
arising from popular agitation.

The request for Referendum takes the form of a written
petition addi'essed to the Federal Council. The petitioners
must sign the paper with their own hands, for the signing of
any name but his OM'n subjects the voter to the penalties of
the criminal law. Furthermore, the signer must prove his
right to vote before the officers in charge of the petition, and
the qualification of all petitioners in each precinct must be
attested by the proper authority. To make an expression of
opinion as free as possible, the authorities are forbidden to
take any fees for the witnessing of signatures.

If, after careful examination of the returns, the Federal
Council finds that the request is supported by the required
number of citizens or cantons, it orders a general vote, noti-
fies the various state governments, and provides for a gener-
ous publication of the bill or resolution. The date of the
vote cannot be less than four weeks after the announcement,
and must l)e the same day for the whole confederation. The
voting takes place under the charge of the cantonal and com-
munal authorities according to these general regulations ;
every Swiss citizen who is in full possession of his civil
rights having the privilege of participation.

If a majority of all votes cast in the required number of
states are in favor of the law, it is accepted, and the Federal
Council orders it placed in the statute book. A contrary
vote puts a stop to its execution, but in case no petition is sub-
mitted, the Federal Council announces this fact at the ex-
piration of the ninety days, and tlie bill becomes a law.

It will be seen that this petition is no ordinary expression
of sentiment to be gathered on street-corners for the asking.
It is a serious act of sovereignty, surrounded by all the pre-

48 State and Federal Government in Switzerland.

cautions of an election/ and when signed cannot be laid
aside, or left to the convenience of the administration, but is
a command on the part of citizens to submit a law to vote.
The Legislature cannot consider its work done until the con-
stituents have been heard from, and the people are not obliged
to suiFer unpalatable legislation until a new set of lawmakers
is elected.

This institution has been the cause of a great amount of
discussion, both in and out of Switzerland. It was not
adopted as a new creation in 1874, since it had been gradu-
ally coming into the cantons since 1831, yet the principle
has not been accepted without question. It is certainly a
realization of democracy which surpasses the fondest hopes
of the revolutionary theorists, yet there is a conservative ele-
ment about it which surprised its early sponsors. Introduced
as a democratic and progressist weapon, the liberals found
after a time that the people would not move so fast as they
wished, and could use the Referendum to cut both ways.
The Swiss have at times rejected laws which, in all reason-
ableness, would seem to have been for their own good ; yet on
the other hand, they have not made an excessive use of the
veto power, and have corrected, at later elections, mistakes
of other days. Less than twenty per cent of the laws coming
under the rule have been submitted to popular vote, though
it would seem as if most of these were called out only to be
rejected. It would not be just to draw inferences from the
percentage of accepted and rejected laws simply out of the
number put to vote, but the whole body of legislation, those
referred and those allowed to pass in silence, must be taken
into consideration before any certain veto tendency can be
assumed.

It must be conceded that legislation has been advancing
slowly but steadily upward since the formation of the present
confederation. The tendency toward centralization has not

' Amt. Smlg. N. F., IV. 81, Wolf, p. 76.

The Law and the People. 49

gone on as fast as the lawmakers would have liked, and the
common voters have made themselves felt in curious ways;
the old instinct of separation has been hard to lay aside, but,
notwithstanding fretful political breezes, this same people
has continued by this very process of the Referenduiii to make
its federal government more and more effective.

Constitutional Revision.

The federal constitution is erected for no definite period of
time. It exists, as it were, during good behavior, and can
at any time be amended or totally renewed. Revision is
made by the Federal Assembly, when both houses agree that
such procedure is necessary, or when 50,000 voters demand it.
When one house of the legislature votes for revision and
the other fails to agree to it, or in the case where 50,000
voters demand a change and the Assembly does not act upon
it, the question must be submitted to popular vote, and if a
majority of citizens agree to have the constitution amended,
both National Council and Council of States undergo re-
election, and the revision is undertaken by this new body.

The work of revision takes place according to the usual
process of making law. The constitution of 1874 was laid
before the Assembly in the form of a motion of the Federal
Council. This was referred to committees in each house, and
finally voted on article by article by those bodies in full
session. The document, as finally passed by both houses,
must then be submitted to popular vote. If it receives the
approval of a majority of all the people, and at the same time
a majority of all the cantons, the revision becomes law, and
goes into effect as soon as promulgated by the Federal
Council. In determining the majority, those cantons which
are divided count as two half-votes, and the result of the
popular vote in each canton counts as the voice of that state.

It will be seen from this that the federal constitution of
Switzerland is brought nearer to the people than that of the
United States, which is adopted solely by the legislatures of

50 State and Federal Government in Switzerlayid.

the various states ; also, that it is not so difficult to change,
by reason of the fact that the voting is all done on one day,
and agitation can be carried on in one campaign, as it were.
Instead of forty-two legislatures to be dealt with separately,
who may act somewhat according to the votes of other
states, a whole people is called upon to express its opinion
at one time, and the result by states is determined by analysis
of that vote.

There is a possibility that one-third of the cantons, con-
taining a majority of the citizens, might be overruled by a
minority in the remaining states, but such a conflict is highly
improbable, as it would require these cantons to vote solidly
on one side, allowing for little or no division of opinion. In
all the votes hitherto taken on constitutions and laws, the
majority of states has been always coincident with a popular
majority.^

Interstate Laws by Treaty. Concordats.

One other matter should be mentioned in this connection,
namely, the method by which the lack of national laws in
certain directions is provided for by means of interstate
agreements. When Switzerland was a loose confederation of
states, this was the only way by which any approach to uni-
formity in private law could be reached, and when the new
government was formed, some of these agreements carried
over, and served a useful purpose in filling gaps not covered
by federal enactment. A few others have been added ; some
have been superseded in whole or in part by national law.

Owing to the peculiarities of Swiss citizenship, the regula-
tion of the right of non-residence, or persons not living in the
canton which claims them as citizens, occupies the most atten-
tion. A list will be sufficient to show to what extent this
method of lawmaking by treaty has been used.

^ An interesting account of the growth of democratic lawmaking, both
constitutional and statute, is to be found in Curti, Geschichte des schweiz-
erischen Volksgesetzgebung.

The Law and the People. 51

List of Concordats.

1. Legal status of non-residents in respect to

a. Guardianship. Thirteen cantons.
h. Inheritance. Twelve cantons.
G. Form of papers of residence {Heimatscheine). All
but three.

d. License of surveyors. Ten.

e. License of midwives. Two.

2. Bankruptcy. All but two. (Superseded by national
bankruptcy act.)

3. Guarantee of soundness in cattle-dealing. Seven.

4. Depositions in criminal cases. All but one.

5. Requisition of criminals between cantons. Eighteen.

6. Police regulations respecting

a. Gypsies and tramps. All but two.

b. Passports. All but one.

c. License of persons to collect money for benevolent

purposes. All.

7. Protection of agriculture against injurious insects.
Seven.

8. Religious matters :

a. Respecting conversion from one confession to

another. Fourteen.
6. Call of Protestant ministers from one canton to

another. Eight.

CHAPTER V.
The Federal Executive (Bundesrath).

The chief executive power of the confederation is vested
in a committee chosen by the Federal Assembly in joint
session and called the Federal Council.^

This Council consists of seven members, who are elected at
the beginning of every new term of the lower house of the
national legislature, and hold office for three years. Any
Swiss citizen who is qualified to sit in the National Council
is also eligible to the cabinet, except that near relatives by
blood or marriage, or two persons from the same canton,
cannot be elected at the same time. Members of the Federal
Council shall not at the same time hold any other office, either
state or federal, nor engage in business nor exercise a profes-
sion. They receive a salary from the federal treasury.^

The chairman of the Council is also chosen by the legis-
lature, and is known as the President of the Confederation.
His alternate is called Vice-President of the Federal Council.
The retiring President cannot be elected either to the same
office or to that of Vice-President for the year ensuing, nor can
the same member serve as Vice-President during two con-
secutive years.

The duties of the Federal Council are, in general, to admin-
ister the affairs of the confederation, to keep a watchful eye
upon the conduct of government, and to guide, in a meas-
ure, the course of political activity.'^ Since the composition
of this executive is somewhat unusual, it is desirable to look
into its functions more particularly.

1 Federal Const., Articles 95-104.

'Salaries at present, for members 12,000 francs each, with 1500 francs
additional for the President. Amtliche Sammlung, I. 46, Wolf, p. 98.
3 Fed. Const., Art. 103.

The Federal Executive. 53

1. It conducts federal affairs, conformably to the laws and
ordinances of the confederation.

2. It takes care that the constitution, federal laws and
ordinances, and also the provisions of federal concordats, be
observed ; upon its own initiative or upon complaint, it takes
measures necessary to cause these instruments to be observed,
unless the consideration of redress be among the subjects,
which should be brought before the Federal Court.

3. It takes care that the guaranty of the cantonal consti-
tutions be observed.

4. It introduces bills or resolutions into the Federal As-
sembly, and gives its opinion upon the proposals submitted
to it by the two houses or by the cantons.

5. It executes the laws and resolutions of the legisla-
ture, the judgments of the Federal Court, and also the com-
promises or decisions in arbitration upon disputes between
cantons.

6. It makes those appointments which are not assigned to
the Federal Assembly, Federal Court, or other authority.

7. It examines the treaties made by cantons with each
other or with foreign powers, and approves them, if proper.^

8. It watches over the external interests of the confedera-
tion, and is, in general, intrusted with foreign relations.

9. It watches over the external safety of Switzerland, over
the maintenance of independence and neutrality.

10. It watches over the internal safety of the confedera-
tion, over the maintenance of peace and order.

11. In cases of urgency, and when the Federal Assembly is
not in session, the Federal Council has power to raise the
necessary troops and to employ them, with the reservation
that it shall immediately summon the councils if the number
of troops exceeds two thousand men or if they remain in
arms more than three weeks.

12. It administers the military establishment of the con-

' Art. 85, 5.

54 State and Federal Government in Switzerland.

federation, and all other branches of administration com-
mitted to the confederation.

13. It examines such laws and ordinances of the cantons
as must be submitted for its approval; it exercises super-
vision over such departments of the cantonal administration
as are placed under its control.

14. It administers the finances of the confederation, intro-
duces the budget, and 'Submits accounts of receipts and
expenses.

15. It supervises the conduct of all the officials and em-
ployees of the federal administration.

16. It submits to the Federal Assembly at each regular
session an account of its administration and a report of the
condition of the confederation, internal as well as external,
and calls attention to the measures which it deems desirable
for the promotion of the general welfare. It also makes
special reports when the Federal Assembly or either council
requires it.

For the more convenient transaction of business the work
of the cabinet is divided into seven departments, having one
councillor at the head of each. The precise arrangement is
neither established by the constitution nor by statute, as in
the United States, but by order of the Federal Council itself.
A re-adjustment of the departments took place in January,
1888, and the order is now as follows : ^

Department of Foreign Aifairs.

Department of the Interior.

Department of Justice and Police.

Department of Military Aifairs.

Department of Imposts and Finance.

Department of Industry and Agriculture.

Department of Posts and Railroads.

Although administration is thus divided up, the heads of
departments are not in law the final authority upon questions

1 Amtliehe Sammlung, N. P., X. 104, Wolf, p. 94.

The Federal Executive. 55

decided. Decisions must proceed from the Council as a body.
All matters directed to the cabinet are opened by the Presi-
dent, and by him assigned to the proper department for con-
sideration. The secretaries may decide points coming before
them and order their execution directly, if they are so dis-
posed, but it is with the understanding that a vote of the
whole council is held in reserve for use when called for.~

Although the members of the Federal Council have similar
duties to those of the cabinet of the United States govern-
ment, it will be observed that the theoretical bases upon which
they rest and the sources of responsibility are widely diifer-
ent. In America, as it is also in all monarchical govern-
ments, the executive power is vested in one person, and the
members of the cabinet are his appointees and subordinates.
Though the cabinet may take counsel together, the action re-
sulting is that of their chief. The various secretaries of the
United States government are answerable for their political
conduct to no one but the President, and upon him their
tenure depends.

In Switzerland, however, the federal cabinet is a creation of
the federal legislature, and each secretary holds a separate com-
mission. Tenure of office is not dependent on the President,
but is fixed by the constitution at a definite term of years. Re-
election is possible, but always at the hands of a new legisla-
ture. Practically, cabinets in America have a fixed term of
four years, but there a faithful official has a legal claim upon
a three years' tenure, of which he may not be deprived except
by decree of court. Nor is this a ministry which rises and falls
with the measures which it advocates. It is usually elected by
the party of the majority, but does not feel called upon to resign
when one of its bills fails to pass. The proposal of legisla-
tion is one of the duties laid upon the Council ; it is expected
to lead the way in making and changing federal law, but it
has no autocratic rights of initiative, even within its own

'Fed. Const., Art. 103.

' Law of Organization, Amtliche Sammlung, N. F., III. 480.

56 State and Federal Government in Switzerland.

party. Any member of the chambers may move the adop-
tion of a bill, but all are submitted to the Council for an
opinion, and must be returned within a certain time. The
budget is especially its work, and reports must be made on
the management of the finances. In short, all bills, whatever
their source, at some time pass through the hands of the
Council and are stamped with their approval or disapproval.

When, however, projects urged or approved by the cabinet
are rejected by the legislature, the ordinary parliamentar}?
result does not take place. The self-respect of ministers is
not called in question, because they were elected for the very
purpose of giving their honest opinion on legislative proposals,
and if this opinion does not agree with that of the legisla-
ture, they prepare bills which will be acceptable. Instances
are rare where ministers resign on account of disagreement
with their colleagues, or Avith the majority, and tenure usu-
ally depends on their own will in the matter. Men Avho
have proved capable administrators are kept in office term
after term. Of the cabinet of 1889 one had been in service
since 1863, another since 1866, and nearly all more than one
term. This long tenure has been partly due to the fact that
the same i)arty, or some shade of it, has been in power most of
the time ; but parties have not always upheld the projects of
their own ministers, and yet when their terms expired have
given them a re-election. It has also happened that good
executive abilities have brought men of different parties into
the same cabinet, yet the machinery of government has run
as smoothly as if there were no political differences.

It will be observed that such a thing as a "cabinet crisis"
is out of the question. Violent and rapid changes of minis-
tries, one of the chief objections to parliamentary govern-
ment, are overcome by the fixed tenure of office, and, although
the legislature has opportunity once in three years to renew
the national executive, public opinion-, or tradition, or busi-
ness instinct, if you prefer, keeps the fiiithful officer in place.
Consequently the administration of affairs has reached a

The Federal Executive. 57

high degree of perfection. The cabinet officers are, it is true,
more like the heads of bureaus in other countries than like
the political ministers of France or England. They are im-
mediately in contact with the details of their various depart-
ments, as well as guides and directors of policy. Hence two
kinds of ability are called for which may not always be united
in the same person, namely, genius for details and great
political insight, and the one may be cultivated at the ex-
pense of the other. But, however that may be, the Swiss
have certainly learned the science of administration, for in all
departments they succeed in showing remarkable results for
the resources at command. It cannot be said that the pecu-
niary inducements to enter political life are great, but the honor
attached to a cabinet office and the reasonable security of
tenure have been sufficient to draw out an eminently respect-
able class of men who have served their country well.

CHAPTER yi.

The Federal Judiciary (Bundesgericht).

The history of federal courts in Switzerland offers a valu-
able subject for study in the development of legal institu-
tions, but it must suffice to say here that, at the very
beginning of the confederation in the thirteenth century, a
method of settling interstate disputes was organized, which,
though it took the rude form of committees of referees chosen
as the occasion demanded, contained the germ of the modern
federal court. Its growth as an independent institution, how-
ever, was not vigorous. The tendency was for a time to
make the federal legislature the final resort on great ques-
tions of law, but the revision of 1874 finally placed it upon
a more logical basis. The Bundesgericht, as now constituted,
consists of nine judges and nine alternates, all of whom
are elected by the Federal Assembly for terms of six years.
The election is open to any Swiss citizen who is qualified
to sit in the National Council, but in making choice, the
legislature must see that all three national languages are rep-
resented, and that the judges are in no way related to each
other. A president and vice-president are also chosen from
among these for terms of two years. Alternates are persons
who are called in on occasions where the regular judges are
unable to serve. The court appoints its. own recorders and
other necessary clerks. The salaries are 10,000 francs for
each judge, with 1000 additional for the president during
his term, while the alternates are paid per diem as occasion
demands. Judges may not sit in either house of the Federal
Legislature, nor engage in any business or professional occu-
pation.

The Federal Judiciary. 59

The civil jurisdiction of the Bundesgericht as a court of
first instance includes disputes between —

1. The confederation and the cantons.

2. Between the confederation on the one hand, and corpor-
ations or individuals on the other hand as plaintiffs, when
the amount involved reaches 3000 francs.

3. Between different cantons, but only on questions of
private law and when the complaint is made against the fiscal
administration.

4. Between cantons on one hand and corporations or indi-
viduals on the other, when the amount in controversv is at
least 3000 francs and one party has appealed.

5. Between communities of different cantons on questions
of citizenship.

6. Appeals by cantons from decisions of the Federal Coun-
cil on matters relating to the civil rights of persons who have
no legal residence {Hciniatlosic/keit).

The Federal Court also considers questions which are espe-
cially delegated to it by federal law. Thus far these have
related entirely to railroads, including right of expropriation,
controversies with the state and individuals, and the liquida-
tion of these corporations.

As a court of revision the Bundesgericht also hears certain
appeals from cantonal courts where parties agree to carry
them up.

The criminal jurisdiction of the Federal Court covers —

1. Treason against the confederation, riot and violence
against federal authorities.

2. Violation of international law.

3. Political crimes which have caused armed intervention.

4. Cases where a federal official has been handed over to
the court by the authority which appointed him.

5. Other criminal cases which are referred to it by cantonal
governments with the consent of the Federal Legislature.

The constitutional jurisdiction includes —
1. Conflicts as to competency between federal and cantonal
authorities.

60 State and Federal Government in Switzerland.

2. Constitutional and political conflicts between cantons,
as, for instance, the interpretation of intercantonal agree-
ments, conflicts of competence of cantonal authorities, bound-
ary lines, extradition.

3. Complaints of individuals or corporations against viola-
tion of the rights guaranteed in the federal and cantonal con-
stitutions and in the cantonal concordats.

For the conduct of criminal business the court is divided
each year into three chambers, the Chamber of Complaints,
Criminal Chamber, and Chamber of Appeals [AnMagekam-
mer, Kriminalkammer , Kassationskammcr). ■, All but the latter
consist of three members each. The last and highest, being
the final resort in criminal matters, is composed of the presi-
dent and four judges.

When considering civil and constitutional matters the
Bundesgericht always sits in banc, yet the presence of seven
judges is sufficient. Hence the alternates spoken of above are
rarely called upon, and the necessity for their appointment is
quite doubtful.

The confederation is divided into five large federal dis-
tricts (Assizcnbezirke), and the Criminal Chamber sits from
time to time in each. The trial of such cases is always con-
ducted before a jury made up from a list of persons specially
elected.^ By a law passed in 1889 the office of Federal Attor-
ney-General, which had been for a time abolished, was restored.
This official is not a member of the cabinet, but appointed by
that body and under its supervision. Beside the general
duties of a legal adviser and attorney for the confederation,
it is the special function of the Attorney-General to enforce the
laws respecting foreigners and abuses of the right of asylum
in Switzerland. The introduction of the law consequently
aroused the opposition of the Socialist party and all those

^ Federal jurymen are elected in each district in proportion of one to
every 1000 inhabitants. Certain official classes, the aged and sick, are
exempt, but all others elected are liable to jury duty during a term of six
years.

The Federal Judiciary. 61

turbulent spirits who wished to use this territory as a base of
operations against foreign governments. But it is evident
from the lack of interest shown in the meagre petition for
popular vote on the subject, that the Swiss, while resent-
ing foreign demands for political offenders, intend to make
their country a refuge for peaceful citizens and not for plotters.

In one aspect the Swiss Federal Court differs widely from
that of the United States. In the latter the constitutionality
of the laws even of the highest legislature of the land can be
brought in question, and if such statutes do not agree with
the federal charter they are declared invalid. But in Swit-
zerland the Federal Court can only move -within the limits
set by the legislature. The Federal Assembly is declared to
be the sole judge of the constitutionality of its measures.

While such a principle might be desirable in a country
having no written constitution, it is doubtful M^hether the
Swiss are so secure in their constitutional rights as they
would be under the control of an independent judicial body,
unswayed by the winds of politics. With all their facilities
for revision of the constitution and for popular expression
upon law, it M'ould seem as if the matter of final interpreta-
tion should be left in calmer hands than those of a congress.

On the other hand, the federal tribunal loses something of
its dignity from lack of definiteness in jurisdiction. The lines
have not been sharply enough drawn between it and the Fed-
eral Assembly, and in the attempt to preserve the authority
of the people in their representatives, the course of justice
has, as it ascends, become a little vague. But this court may
be said to be somewhat in a transition state ; the settlement
of its functions is a part of the struggle for and against cen-
tralization, and we may expect to see the supreme bench be-
come more independent of the legislature. The low limit,
which permits too many cases of small value to encumber the
docket, will be raised, and as time goes on the federal tribunal
will become more and more a forum of law, and less of fact.

CHAPTER VII.
The Fedekal Army.

The record of its deeds of war has been for centuries the
proud heritage of the Swiss nation. By force of arms six
hundred years ago the republic sprang into being ; by the
same power its independence was assured, and through its
martial reputation Switzerland became the arbiter of Europe.
It was not only because of deeds of astounding bravery that
the Swiss soldier was sought for by all the armies of the conti-
nent, but also on account of tactical skill and precision in
the use of arms, for in more than one respect his methods
affected the development of military science. Some of the
heaviest blows to ancient practices of warfare were adminis-
tered by the infantry of Switzerland to the iron-clad cavalry
of Europe on the fields of Grandson and Murten, and at
other times their movements were the admiration of the mili-
tary critics of the day. Even in the cause of others the hired
soldier from the Alps displayed a steadiness and courage
which made him irresistible in fair battle and unconquered
in the worst of odds. To this the monument at Luzern to
the Swiss Guard who fell before the mob in Paris is a
lasting testimonial.

But during all the heroic age of Switzerland there was no
permanent national organization of military forces. Each
state furnished its contingent under a separate flag, compa-
nies were made up of neighbors and relatives, and each part
governed by the rules of its own district. The old war ordi-
nance of 1393, the Sempacherbrief, commands that cowards,
deserters, or other breakers of its provisions shall be tried
by their own land or city, and if " one be found guilty before

TJie Federal Army. 63

thorn to whom he belongs and whose duty it is to judge, he
shall forfeit his life aud goods to them to whom he belongs,
and to no one eke.'' ^ In other words, a federal law against
treason, but state trial and execution.

In fact, all the way down to the present century the man-
agement of military matters, as a whole, has been more or
less hap-hazard. This accounts for the weakness of national
defense during the period of decadence. Notwithstanding
several agreements on the subject, the states could not be
made to work harmoniously and with precision just at times
when co-operation was most needed.

Hence when military affairs came to be considered in the
construction of the new constitution, there was a large fund
of experience to be drawn upon in the history of the nation
itself. There was also the perennial spirit of state-rights to
contend with, and the result was a compromise between the
desire to have a strong military system and the fear of mak-
ing it too strong. Power was in all directions dealt out
sparingly to the central government, but especially in the
management of the army there was a fear that too dangerous
a weapon of oppression might be put into its hands. So the
states retained as much control as possible consistently with
good administration. After the new arrangement had been
tried a few years it was found better to let the federal gov-
ernment have a little more control, and the present system
was introduced in 1874, but all attempts to turn military
matters entirely over to the central AVar Department have
hitherto failed. Tendencies appear to show, however, that in
the end that surrender will take place.

In Switzerland a standing army has never been a recog-
nized institution. For a few years during the Helvetic
Republic the country was obliged to maintain permanent
troops for the benefit of France, but not willingly. Before
that time the federal idea was too feeble to uphold such a

' Eidgenossische Abschiede, I. 327.

64 State and Federal Government in Switzerland.

measure, and afterward, when central government was estab-
lished more firmly, the fear of tyranny prevented. Nor yet
are the cantons allowed, without special permission, to keep
standing forces beyond three hundred men each, outside of the
mounted police, and of this privilege they do not avail them-
selves.^ On the other hand, every citizen is liable to military
duty,'~ and the federal government makes the regulations under
which he serves, establishes the system of instruction, drill,
clothing, form of weapon, the formation of divisions, and in
time of war takes exclusive command. The cantons assist
somewhat in the administration, look after the available
forces of their particular territories, retain the power to
appoint and promote the officers of their corps as far as the
grade of major, attend to the clothing and arming of their
contingents, but always according to the rules provided.
The military exemption tax is collected by the states (see
Federal Finance), but enacted in the first place by the
central government. The latter maintains establishments for
the manufacture of cartridges, small-arms and cannon, and
holds a monopoly of gunpowder, hence is in a position to
assume at any moment of danger complete control over all
the forces of war, both men and munitions.

The organization of the federal army is carried out with
elaborate exactness. As stated above, every able-bodied
citizen, not otherwise engaged in specified government service,
must be enrolled in the militia, and continues in some form
to the age of fifty a part of the national defense. For this pur-
pose, the forces are divided into three general sections accord-
ing to the age of the men composing them. The active army
{Elite, Auszug) consists of all men liable to service between
the ages of 20 and 32 ; the first reserve, national guard
{Landux'hr) is composed of those between the ages of 33 and
44, while the Landdurm or second reserve, which would be
called out only in case of dire necessity, consists of all the

' Fed. Const., Art. 13. sjbid., Art, 18.

The Federal Army. 65

men between the ages of 17 and 50 not otherwise enrolled in
the A'uszug or Lcmdwehr.

On coming of age, every young man is entered on the list
of recruits, and if, after medical examination, he is found avail-
able, is sent to one of the schools of instruction for about six
weeks of his first year. After that he is liable to be called
out two weeks every other year (cavalry, ten days every year)
during his term in the active army, to go into camp for
military drill. On reaching thirty-two, the militiaman is
mustered into the reserve, where he is no longer subject to
annual drill, but, if in the infantry, undergoes a biennial, or
if in any other class, an annual inspection.

Thus, without maintaining a large standing army, great
care is taken in the instruction and exercise of the militia, a
record being kept of every available man and where he may
be found, so that when troops are wanted they may be
instantly called together. The Landsturm has been recently
placed on a higher footing, so that when it is called out it
may enter the army on the same plane as the other divisions.
The citizens of Switzerland are consequently to the last man
an array in ambush.

The effective force of the federal army on January 1, 1889,
was as follow^s :

Active, 125,570 men and officers.

First Reserve, . . . 80,715 '' "

Second Reserve, . . . 262,766 " "

Hence the confederation could at immediate notice put
over 206,000 men in the field, or, if necessary, 469,000 would
rise to its defense. This is not large, as great armies go, but
a substantial force for so small a territory.^

Indemnity for sickness or loss of life incurred while in the
service is provided in a modest system of pensions. The

^Thie statute organizing the army dates 13 Nov., 1874, is published
separately, and in Amtl. Samlg. N. F., I. 257. Changes made since then
are in later volumes, and in Wolf's Collection.

QQ State and Federal Government in Switzerland.

maximum amount to be paid in ordinary cases is a single
sum of 1200 francs, or an annual pension of 650 francs,
but this may be doubled where the soldier was wounded or
killed when performing voluntarily some very dangerous
duty. The smaller payments are regulated according to the
gravity of injuries received and the number of children in the
family.

Switzerknd's mode of defense is thus in striking contrast
to that of the great powers surrounding her. No great army
is apparent to the eye in time of peace. No draft upon the
youthful strength of the nation withdraws for terms of years
a large body of workingmen into an unproductive occupation,
yet, by careful organization and short periods of drill the
whole able-bodied male population has been made into an
army. We are carried back to the old Germanic idea of the
folk as " the people in arms."

It is interesting to see how this has all been done under a
democratic, not an absolute form of government ; how yet the
army government itself is to a certain degree republican, and
that precision of movement in military aifairs is not incom-
patible with local independence in other departments of state.
The natural defenses of the country have been guarded to
the best advantage. Great care has been expended upon the
engineering works of the frontier, and means have been pro-
vided for rapid communication between all parts. Yet, after
all, the mainstay of the Swiss Republic will be the sturdy
patriotism which has been for centuries the bulwark of its
liberties. It is the judgment of competent observers that the
soldier of Switzerland is particularly gifted with that spirit
which makes all the difFerence between a fighting machine
and a man at war. It is to be hoped that no occasion will
occur for its display, but when the time arrives, this robust
love of country, infused through citizens in arms, will make
a small force great.

CHAPTER YIII.

Internatioxal Relations.

The geographical position of Switzerland has determined
in more ways than one the history and politics of the nation.
While yet a part of the Holy Roman Empire, its mountain
isolation gave its growth a peculiar tendency ; when op-
pressed by grasping feudal lords, its natural configuration
both gave the bulwarks of defense and bred the courage of
the defenders, and in uiodern times the situation between
four great empires not ouly suggests an international policy
for its legislators, but guarantees its fulfilment.

That policy since the beginning of the sixteenth century has
been neutrality. There was a time when Switzerland held
the balance of power in Europe, and whoever had her soldiers
on his side had won half the battle in advance. But after
the unlucky outcome of the war in Italy, at the battle of
Marignano, the Swiss determined not to mix in foreign affairs
as a state policy, though they would still allow recruits to be
hired. With exception of a brief and nearly fatal excejition,
during the period of the Helvetic Republic and the Act of
Mediation, this rule has been adhered to. Jt found its final
setting in the act of the Congress of Vienna, which bound
the high contracting powers, not only individually to respect,
but conjointly to defend the neutrality of Switzerland.

While it may be too much to claim that Switzerland has a
peculiar moral mission to fulfill in the midst of the nations
of Europe, it is nevertheless a fact that many of the problems
of society are undergoing solution in that country in a way
which illustrates the democratic in contrast to the monarchic
method of treatment. As an ally of one or more of the great
powers its influence would not be great, its individuality
would soon be swallowed up, but as an independent nation.

68 State and Federal Government in Switzerland.

taking neither this side nor that, it serves as a barrier to pre-
vent too great friction between contentious nations.

The Swiss have done their part also in maintaining this
neutrality by organizing a highly developed military system
and by elaborate measures for frontier defenses. To avoid
complications, the constitution declares ^ that " no military
capitulations shall be entered into." Here long experience
has pointed the way. The evils of French domination and
the party distractions of centuries had their roots in the mili-
tary agreements entered into by the various cantons with
foreign powers.

Neither the members of the federal government, nor soldiers
or officers of the army shall receive pensions, titles, orders or
presents from foreign powers. This, too, was one of the
sources of corruption which for a long time undermined the
national life. National policy was guided by men who were
in the pay of neighboring governments, and as their wealth
increased, the independence of the country faded and vanished.
Happily the nation did not have to v/ait for a constitution
to revive its self-respect, for patriotism had already asserted
itself, and the written prohibition was but a preventive of an
evil at the time no longer feared. The United States would
seem to have had the fear rather than the experience of this
evil when the framers of the constitution enacted the similar
prohibitions.' Yet doubtless both were wise in removing
temptation.

Switzerland has also recognized rights on the sea as a neu-
tral nation, a fact which at first sight might seem superfluous
to a nation without a seacoast or a ship. But the commer-
cial interests of the country, sending wares to all parts of the
world, are so large that in time of war they become a matter
of great concern. Hence the treaty of Paris of 1856, re-
specting neutral flags, neutral goods on vessels of belligerents,
and blockades, Mas also entered into by the Swiss in the
same year.

1 Art. 11. '^U. S. Const.. Art. L, Sec. 9-10.

International Relations. 69

Again, by reason of its central position, Switzerland has
become peculiarly the official headquarters of international
agreements. The government has accepted this mission and
has been a moving sjiirit in such undertakings. Hence arose
the convention at Geneva in 1864 for the improvement of the
condition of the wounded in battle, and out of this thev/orld-
wide Order of the Red Cross. Hence, also, the Universal
Postal Union, adopted in 1878, the central bureau of which
is directed by the Swiss government. Many otlier interna-
tional matters, in which tlie surrounding powers are inter-
ested, find expression in treaties which include Switzerland,
as those concerning telegraphs, weights and measures, the
Gotthard tunnel, phylloxera, railroad transportation, and in-
ternational copyright.

Diplomatic relations are maintained with foreign countries
by ministers plenipotentiary in France, Germany, Austria,
Italy, and the United States, while commercial affairs require
the attention of consuls in all parts of the world.

It cannot be said that Switzerland has ever carried out a
" brilliant " foreign policy. Acts of intervention and media-
tion in the affairs of nations have not been the vocation of so
small a state, but the Swiss have stood manfully for their own
rights as occasion demanded, and especially for the right to
make their country an asylum for the oppressed of every
nation. This has not been an easy task, for vicious classes
have taken advantage of this freedom to make Switzerland a
base of attack upon other countries, but the government has
always endeavored to maintain the rights of man without
countenancing schemes of anarchy. To do this without
offending the powerful monarchies by which they are sur-
rounded has required a large measure of courage, skill and
diplomatic tact.^

'See Hilty, Neutralitat der Schweiz in ihrer heutigen AufEassung.
Bern, 1889, pam. 69, p.

Flilty, Politisches Jahrbuch d. Schweiz, 1887, p. GG9-718. "Die
schweizcrisehen Neuti-alitatsverhiiltnisse." Describes the frontier iu de-
tail and gives an historical account of Swiss neutrality.

CHAPTER IX.
Federal Finance.

National finance in Switzerland is an institution of this
century, and with slight exception, entirely a product of the
latter half of that period. Up to 1848, almost the only ap-
proaches to a system of federal taxation or control of money
were the measures taken to provide for army expenditures,
and those were necessarily meagre, because the states equipped
and put into the field their own contingents.

The machinery of central government was inexpensive to
operate because there was little of it, and undertakings for
public welfare on a large scale were either omitted or paid for
by contributions from the states. Under the constitution of
1815 there did come into existence a national military fund^
for the support of the army and to provide for national
defense. This fund was made up partly by a war indemnity
of three million francs which France had been obliged by the
second treaty of Paris to pay to Switzerland, partly by un-
expended interest of this, and lastly by a very low import
tariff.^ The amount was never very large, but formed a con-
venient war-chest, sufficient to put the arm}' in motion at a
moment's notice. By the year 1846 it had increased to over
four and a half million francs, but tlie Sonderbund war of
1847 in a few weeks reduced this by nearly half, so that
the new confederation inherited a bank account of 2,787,180
francs, a balance over expenditures of about one million
unpaid indemnities due from seceding cantons,^ and no
machinery for collecting any more.

^ Eidgenossisehe Kriegsfond.

^Orelli, Staatsrecht, p. 53.

^ la 1852 this was forgiven for political reasons.

Federal Finance. 71

Hence the franiers of the constitution were obliged to create
almost an entirely new set of financial resources for the federal
government. They did not invent many new expedients, but
adapted to the confederation such as were already in exist-
ence in the states. But if there was no violent adoption of
untried financial measures, there was an instant and visible
competition with the states on their own ground. The latter
also were raising money by the ordinary means, by duties on
imports, by excise, and by other indirect as well as by direct
taxation. Hence, with jealousy of central power to begin
with, there was cantonal opposition to the infringement of
taxing privileges, and the result in the constitution was more
or less of a compromise.

The nearest approach to a general principle governing the
two taxing powers is that the federal government shall rely
upon indirect, and the state governments upon direct taxa-
tion. This is true only in a large sense, as we shall see that
some state revenues are derived by indirect means ; but where
federal revenues approach the direct class, as in the case of
the military exemption tax, it will be observed that the
states take a hand in the administration.

The regular sources of revenue are enumerated in the con-
stitution as follows : ^

a. The income from federal property.

h. Proceeds of the federal customs levied at the Swiss
frontier.

c. Proceeds of posts and telegraphs.

d. Proceeds of the powder monopoly.

e. One-half of the gross receipts from the military exemp-
tion tax.

/. Contributions of the cantons, which shall be determined
by federal legislation, with special reference to their wealth and
taxable resources.

The federal fortune consists of loaned funds, real estate,
buildings, fortifications, powder mills, and other property,

Fed. Const., Art. 42.

72 State and Federal Government in Switzerland.

some of which is productive, but a large part is probably only
a source of expense. The income from domains amounts to
about live-tenths per cent of the total revenue, while the cash
capital produces varying returns according to the condition
of the loans; in 1889 less than three per cent of the whole.

By far the greatest source of revenue is the tariif on im-
ports. As soon as the new constitution could be put into
working order, steps were taken to tax articles of commerce
entering from foreign countries, on a single uniform plan.
The principles which were followed were entirely financial
and in no sense prohibitive or protective. This was the
character of the law passed in 1849, and the same ideas have
prevailed ever since. Changes have been made from time to
time to correspond with new conditions or new commercial
treaties, but the government has always kept as near free
trade as good financiering would allow, aiming to tax necessi-
ties lower than luxuries, and to lay as little burden as possible
upon materials needed in the industries and agriculture of the
country.^ The system of assessment of duties differs from
that of England, in that, instead of a few articles being
selected to stand as much duty as they will bear, a large
number, almost every commodity in fact, is taxed a little.
The schedule of rates contains over eight hundred articles
which are subject to import duty.~ Certain commodities,
chiefly raw materials or waste products for home manufac-
ture, are admitted free, sometimes through treaties of recip-
rocity, sometimes without. A few export duties have also
been in existence since 1849, chiefly on timber, live stock, and
certain raw materials. But the amount of revenue is very
small, and the percentage, in comparison with the receipts
from imports, constantly decreasing.'

The next greatest source of income is the Department of

iFed. Const., Art, 29.

' Volkswirthschafts Lex., p. 481-517. Tariff Laws in Wolf, p. 437, etc.
^In 1889 the whole amount received from export duties was 121,480
francs, from import duties 27,190,265 francs.

Federal Finemce. 73

Posts and Telegraplis, in which the carrying of the mails
yields the most, the telegraph and telephone about one-
seventh of the whole, and railroads as yet an inconsiderable
amount. But the expenditures of this department are always
nearly as great as the income. The rates of postage are low
and the facilities excellent, so that we may say that, as in the
United States, the postoffice is not intended to be so much a
financial resource as a public convenience.' For some years
the federal government has also had the power to lay a tax of
fifty francs upon every kilometer of railway in active service,
whenever the net profits of management, after providing for
a sinking fund, reach four per cent. Should the profits ex-
ceed four per cent, the tax may be increased to a maximum of
two hundred francs per kilometer. Hitherto this has
amounted to very little."'

The powder monopoly yielded at one time considerably
more than was expended uj)on it. While large quantities of
powder were in demand for quarrying and for great engineer-
ing enterprises in connection with railways, the government
was able to regard it as a thriving business, but when new
and more powerful explosives^ came into favor, this industry
was obliged to fall back into the function for which it was
originally intended, namely, to be a certain and secure source
of ammunition in time of war. The highest returns were
made in 1858, when the net gain was 238,211 francs. Since

^ See chapter on The Confederation and Soc-iety. The gross income of
the Postoffice Department in 1889 wns 26,990,330 francs; expenditures,
24,155,690, leaving 2,834,640 net income. The rates of postage are 5
centimes for local, 10 centimes for general letters, newspapers 1 centime
ptM- 50 grammes. In the amount of correspondence transported, per in-
habitant, Switzerland stands above all the other countries of Europe
except Great Britain ; it expends more on its postal service than any. See
Volkswirth. Lexikon, "Post."

■ Amtliche Samlg., XL, I., Art. 19 ; Wolf, [). 586. A list of objects of
taxation in Switzerland will be found in U. S. Consular Reports, Nos. 99-
100, 1888.

"Fed. Const., Art. 41. Explosives not available as gunpowder are ex-
empt from the morioi)oly.

74 State and Federal Government in Switzefrland.

then the profit has been as low as 43,426, and in 1888 was
returned at 165,905 francs.^

The military tax is laid upon all citizens liable to military-
duty who do not perform personal service with the troops.
As stated in another place, every able-bodied man is under
obligation for a certain period to go into camp with the mi-
litia and to be called out as occasion requires. Persons who
do not pass the physical examination, or who wish to avoid
the inconvenience, may pay a tax instead. This is based on
both property and income and consists, first, of a personal or
poll tax of six francs, second, a property tax of one and a half
francs for each thousand francs of net fortune, third, an in-
come tax of one and one-half in one hundred francs net
income. Properties of less than 1000 francs and the first
600 francs of income are exempt from this taxation ; the
burden laid on any one man shall not exceed 3000 francs a
year, and from the thirty-second to the forty-fourth year of
age, only one-half the ordinary assessment need be paid.
Yet in years when the greater part of the active army is
specially called into extraordinary service, the federal legis-
lature has the right to raise the tax to twice the normal rate.

In the levy of this tax, net fortune is made to include all
real and movable property minus debts and encumbrances.
Agricultural property is listed at three-fourths of its selling
price, and household goods and tools are exempt. Net in-
come comprises the receipts from the pursuit of any art, pro-
fession, business, industry, office, or employment. The ex-
penses incurred in obtaining these earnings are deducted, also
necessary household expenses and five per cent of the capital
invested in a business. Annuities, pensions, and other simi-
lar revenues are included in the calculation of income.

Even Swiss citizens who are residing abroad are liable to
the military tax, lists being made out each year and notifica-
tion sent from the canton where the person is a citizen.
Parents are responsible' for minor children and for those

^ Volkswirthschafts Lexikou, 633, etc. Estimate, 1891, 166,000 francs.

Federal Finance. 75

sons who, though of age, remain a part of their household.
The levy is made and the tax collected by the canton govern-
ments, which retain one-half of the gross receipts and turn
over the balance to the confederation.'

The confederation may also call upon the cantons for direct
contributions according to their ability to pay, and a scale
has been established by which the quota of each state is
measured. This law was passed in deference to the old state-
rights ideas which, like those which prevailed in the American
confederation, could not endure the notion of a direct tax
laid upon individuals by the central government. Various
considerations govern the rate of this scale, as population,
nature of the country, character of industries, and ability to
pay. Having balanced all these with one another, the can-
tons were divided into classes with graduated rates, rising
from ten to ninety centimes for each inhabitant. The lowest
is the sparsely populated mountain district of Uri. Such
large and prosperous states as Zurich, Bern, Aargau, Vaud,
and Neuchatel are returned at fifty centimes, while the high-
est rate is placed on the thickly settled and thriving indus-
trial city of Basel. The schedule is an interesting compara-
tive table.^ By the law of 1875 the rate was fixed for twenty
years on the basis of the census of LS70, according to which
the amount upon which the confederation could rely is
1,172,224 francs, but this may better be considered a financial
reserve, since the tax has never been called for.

^The share received by the federal governmeat in 1889 was 1,331,983
francs.

'■'Scale of taxation for the array contingent fund :

Class I, 10 centimes per inhabitant. Uri.

Class II, 15 centimes. Obwalden, Nidwalden, Appenzell Interior.

Class III, 20 centimes. Schwyz, Graubiinden, Valais.

Class IV, 30 centimes. Glarus, Zug, Ticino.

Class V, 40 centimes. Lnzern, Freiburg, Solothnrn, Basel-land, Ap-
penzell Exterior, SchalThausen, St. Gallon, Thurgan.

Class VI, 50 centimes. Ziirich, Bern, Aargau, Vaud, Neuchatel.

Class VII, 70 centimes. Geneva.

Class VIII, 90 centimes. Basel-stadt.

76 State and Federal Government in Switzerland.

Since 1881 the central government has used its privilege
of inspecting and controlling banks of issue. Federal laws
regulate the amount of notes to be circulated, the reserve
fund, the method of redemption, and the publication of re-
ports.^ The government cannot assume the emission of
notes as a monopoly nor guarantee the notes in circulation,
but by uniform laws it assists in making business regular
and safe. The Federal Council may even demand daily
statements of accounts. In return for this supervision, a tax
is levied on such banks at the rate of one franc for every
thousand in circulation.^

There are also many small items which go to make up the
revenue of the various departments which need not be men-
tioned here. Fees for naturalization, registration of patents,
of commercial houses, and a multitude of other rivulets con-
tribute to the grand total.

A matter which is perhaps related as closely to the morals
as to the finances of the confederation is the alcohol mono-
poly. This might also be treated properly under the head of
cantonal financiering, were it not that the administration is
entirely in the hands of the central government. But as yet
neither the social nor the fiscal elements have had time to
show their fullest results, and we can do little more than to
state the law and some things expected from it.

In adjusting the complicated claims of state and confed-
eration to the various channels of revenue, the makers of the
constitution of 1848 allotted the taxation of spirituous
liquors to the former. The cantons were allowed to levy
excise duties at their borders, and communities could lay
additional taxes at their gates.

This arrangement was indeed a restriction of the guaran-
teed free trade within the confederation, but was a compro-
mise which seemed almost necessary to settle the dispute

^ Volkswirthschafts Lexikon, p. 557.

-This yielded in 1889 a gross retiu-n of 153,495 francs. Estimate for
1891, 175,000 francs.

Federal Finance. 77

between central and local government. In the revision of
1874, however, in return for the assumption by the confed-
eration of greater responsibility in military affairs, it was
agreed that the cantons should drop all duties on liquors after
the year 1890. But this date was anticipated, first, by the
constitutional amendment of 1885,' which placed the power of
making general laws on the subject in the hands of the con-
federation, and, second, by the statute passed in 1887, and
adopted by popular vote, which made the manufacture of
alcoholic liquors a federal monopoly.

The project brought about much discussion, but the way
had been prepared by extensive investigation of the systems
of other countries, and the vote showed that two-thirds of
the people were in its favor.^ The system is not entirely a
new venture, but Switzerland has perhaps gone into the
matter more scientifically than has ever been done before, and
her experiments will be watched with interest.

The principal features of the Monopoly Law are these: the
right to manufacture distilled liquor belongs exclusively to
the federal government ; it does this by contract either with
home or foreign distillers, but at least one-fourth of the
quantity required must be manufactured by domestic compa-
nies, to whom the government makes allotments from time
to time; in order to encourage agriculture, the distillation of
certain native fruits and roots is exempted from the monopoly
and made free to any one. This practically makes the con-
federation the sole distiller of all alcohol made from grain,
potatoes and all articles from which the liigher grades of
liquor are made.

The government is also a distributor of liquor in quanti-
ties not less than 150 litres, and fixes the prices itself. Spirits
used for technical and household purposes must be sold at
cost of manufacture, and before delivery are to be reduced

'Fed. Const., Art. 31b, 33 bis.

- Translation of this law in U. S. Consular Reports, No. t>l. Some
details have been modified since this wus publii-hod.

78 State and Federal Government in Switzerland.

(denaturirt) by the addition of wood-spirits, or other mixtures
which render thera unfit for drinking. The peddling of
liquor from house to house is entirely forbidden except for
the kind last mentioned. Retail dealers require a license
from the cantonal authorities where located, and pay a
graduated tax according to the amount of sales. The traffic
in quantities above forty litres is considered wholesale and
under no restrictions.

The administration of the liquor business, as will be ob-
served, is entirely in the hands of the federal authorities until
the spirits reach the retail dealers ; there the states step in to
regulate the number and character of the dram-shops, to
make any necessary sumptuary and police laws, and to exact
such license fees as may seem best.

The net profits of the government management are col-
lected by the federal authorities, but divided entirely among
the states in proportion to population. The cantons on their
part are obliged to expend at least ten per cent of this divi-
dend in suppressing the evils of intemperance, and to report
annually to the federal government.

The transition from private to government manufacture
was accomplished, not by confiscation, but by indemnification.
Distilleries, in order to continue operations, must be large
enough to supply at least 150 hectolitres a year ; all others
were obliged to shut down, but received the minimum value
of their plant, not counting the good-will of the business, by
way of -damages. This change had the effect of closing up
about 1200 establishments,^ at a cost of 3,655,095 francs.

This was not the only great financial problem laid before the
federal government at the inauguration of the new system,
for at the same time that the monopoly was placed in their
hands,' it was also ordei'ed^ that if a statute on the subject
was put in force before 1890, the losses to the cantons from

^Leaving but 68.

-Const. Amendment of 1885, Art. 34 bis.

^Ped. Const. Uebergangsbestimmungen, Art. 6.

Federal Finance. 79

the abandoned tariffs and excise duties should be made good.
As the law went into effect on the first of September, 1887,
indemnity for the taxes of three years became due to sixteen
cantons and two communities. For the years 1887-88 this
amounted to 5,423,020 francs, and absorbed all the profits of
the monopoly and 465,000 francs more; but in 1889 the
business had gotten firmly on its feet, and not only were the
cantonal deficits paid, but 884,565 francs divided among the
other states.

The monopoly is protected from outside competition by a
tax of eighty francs per hectolitre upon all high-grade liquors
brought into the country, and by a graduated scale of duties
upon all containing less than 72 per cent of alcohol. No one
except the government is permitted to import alcohol for in-
dustrial purposes, because the reducing process must undergo
inspection in order to prevent fraud. In getting its supply
for the market the government may purchase three-fourths of
the demand for all kinds anywhere it chooses. The other
fourth, as mentioned above, must be of home manufacture,
and the government has not exceeded that limit because
spirits can be bought cheaper abroad than at home. Almost
all the alcohol intended for industrial purposes comes from
Prag, Vienna and Pilsen, received at an average price of
about 27 francs and sold at 45. Liquors for drinking pur-
poses are contracted for at prices ranging from 72 francs to 88
per hectolitre, and sold at 120 francs and above. ^ The dis-
tribution is effected through nine depots, located at various
convenient points.

The financial operations of this branch of administration in
1889 amounted to about eleven and a half million francs, from

^ The law requires that the price shall not be less than 120 nor more
than 150 per hi. pure spirit (Art. 5). This amounts to 140 and 175 for
liquors 95 per cent pure. Prices of fine liquors in America, March 1891,
are about as follows, translated into hectolitres and francs: Whiskey 138
to 143 fr. per h. ; pure alcohol 250 fr. per h. ; wood alcohol 138 to 175 fr.
per h. Here the monopoly privilege is replaced by a high federal tax.

80 State and Federal Govcmment in Switzerland.

which the net revenue was 5,249,053 francs. This we may
see to have been chiefly due to the mercantile profit on liquors
for drinking purposes, since industrial spirits must be sold
at cost. Hence, as a business enterprise the monopoly is cer-
tainly a success. AYhen we inquire into the moral and social
results there is at present less that is tangible to be observed.
The expectations of the promoters of the scheme were that
the evils of drunkenness would be reduced both by decreas-
ing consumption and by providing purer quality of drink.
The latter end is obtained by government inspection, not
only of the monopoly distilleries, but also of the smaller
establishments manufacturing the free products.^

In the matter of consumption there would seem to have
been a decrease. In 1885, before the introduction of the
monopoly, the total demand was for about 150,000 hectolitres
of distilled liquors for drinking purposes, while in 1889 the
amount sold by the federal government was 67,242 hecto-
litres. But it would not be safe to say that the country had
become temperate to this extent, for there is strong reason to
believe that much of the reduced alcohol intended for the arts
is either purified again and used for drinking or consumed
outright in its mixed state.^ Something will have to be done
to render purification impossible before trustworthy statistics-
can be given as to decrease of drunkenness.^

The tenth part of the revenue which is to be used for the
suppression of the vice will, of course, be applied in various
ways. Zurich, in 1889, made the following disposition of its
portion ; 9000 francs to establish an inebriate asylum, 10,000
francs for the enlargement of an institution for feeble-minded

' Fed. Laws.

2 Bericht d. Bundesrath, 1888.

3 The administration suggests that the price of spirits be raised so that
people will be driven to use less expensive and less harmful drinks. The
budget for 1891 estimates the sale of liquors for drinking at 11,424,000
francs, for technical purposes 1,265,000 francs. The estimated total
receipts from the monopoly are 13,660,000 francs, expenditures 7,830,000
francs, leaving a balance of 5,830,000. Bundesblatt 1890, No. 53.

Federal Finance. 81

children, 5000 francs to the police authorities for the relief
of poor travelers, 2000 francs for a fresh-air fund^ for school
children, 1000 francs to the temperance Society of the Blue
Cross, and the balance, about 3400 francs, kept in reserv^e to
help communities to get their inebriates to the asylum.~

The use of liquor will by no means be brought under
control so long as .the distillation of low grades of fruit spirits
and the manufacture of malt drinks is under no restriction.
No one can tell whether the apparent decrease in the consump-
tion is not merely a diversion of appetite to apple-jack and
absinthe, or perhaps to increased use of beer and wine. The
sociological side of the question needs a longer time to work
out a solution. The financial prospects will be favorable so
long as nine-tenths of the income are set apart to pay taxes
and one-tenth to making war on intemperance by means of
asylums and summer excursions.

To recapitulate briefly the financial operations of the cen-
tral government, it may be observed that the total revenues
from all sources are about sixty-five millions of francs. To
this amount the customs duties contribute very nearly half,
followed at a long distance by the net profits of the postoffice
department and by the military exemption tax. This latter
is the easiest of all the revenues to obtain, since all expenses
of levy and collection are assumed by the cantons and the
gross receipts equally divided. However, for the amount
involved, the customs duties are very economically adminis-
tered, the cost of collection amounting in 1888 to 7.4 per
cent. The largest item of expense is the army, consuming
in all nearly forty per cent of the revenues, and over sixteen
millions of francs more than its own specific income. Although
carrying on no wars of its own, nor joining in the conquests
of other countries, Switzerland is compelled to undergo this
great expense in order to preserve her neutrality and the
integrity of her borders.

' Perienkolonien.

-' Hilty, Politisches Jahrbuch, 1890, p. 955.

82 State and Federal Government in Switzerland.

In the Department of the Interior there was expended in
1888 for all matters coming within its sphere — public works,
education, statistics, and the like — about four and one-half
millions of francs, or something over seven per cent of all
expenditures. Lawmaking, or the cost of maintaining the
two houses of the legislature, amounts to about forty-two
thousand dollars a year, as compared with the three millions
spent by the United States.^ Education, as noted in another
place, being left largely to the cantons, does not occupy a
large portion of the federal budget.

The public debt of the country, although not a serious
weight upon the prosperity of the state, is still a matter which
occupies the attention of its financiers and political econo-
mists. In 1849 the federal debt was about 5,865,000 francs,
and was reduced in a few years to little more than 1,200,000,
but the public im])rovements which have been going on,
especially since 1867, have brought the outstanding liabilities
far away from those modest proportions. On January 1,
1890, the total debt, including the coin reserve, amounted to
over forty-six millions of francs. 5,200,000 of this was
recently created for the indemnifications made necessary when
the government assumed the alcohol monopoly.

The annual interest charge on the above date was 2,221,766
francs.^ Considering the thriving industrial condition of
Switzerland, the amount of these obligations is not very great.
It stands very much in the shadow of the debts of larger
states like Russia or the United States, but even in view of
the small size of the country, with but three millions of popu-
lation, the burden amounts only to about fifteen francs per
inhabitant, and is carried at low rates of interest.

^Estimates for the legislature and judiciary for 1891; Nationalrath,
Fr. 231,000; Standerath, Fr. 21,400; Bundesrath, Fr. 85,500 ; Bundes-
kanzlei, Fr. 349,100; Bundesgericht, Fr. 154,600; Total, Fr. 841,600.
Bundesbiatt, 1890, IV., p. 1050.

'^ Almanach de Gotha, 1891.

CHAPTER X.

The Confederation and Society.

It will be seen from the second article of the constitution,
that the central government was not only provided with the
ordinary powers of police, to protect the country from danger
without and to keep peace within, but upon it was also laid
the task of promoting the common welfare. To the cantons
were left those social relations purely connected with locality ;
yet there remained a large body of aifairs, now local, now
general in their nature, which it was eminently desirable
should be uniformly administered, or, as in the case of public
Avorks, should be undertaken by the whole people.

Hence one of the first matters to demand the attention of
the framers of the constitution of 1848 was, very naturally,
the establishment of free trade among the states. The end-
less vexations arising at the boundaries of every little state,
the transportation privileges, the taxes on change of residence,
which prevailed so long under the old regime, were as much
as possible put aside by the first constitution, and still more
by that of 1874. All import and export duties are now col-
lected at the federal frontiers, and commercial freedom, except
in a few matters, is guaranteed throughout the whole country.^

The exceptions to the free movement of goods are connected
either with the financial or the sanitary operations of govern-
ment. The monopoly of the sale of salt is retained by the
states, in some cases as a source of revenue, in others as a
public utility. The manufacture of gunpowder is a monopoly
of the confederation, maintained as a part of its military
system. The manufacture of alcohol and spirituous liquors
has also recently been assumed by the federal government, in

' Fed. Const., Art. 28, Art. 31.

84 State and Federal Government in Switzerland.

an attempt to mitigate the evils of the traffic, and still other
measures may be taken which limit the freedom of commerce
when epidemic diseases threaten, as has been notably the case
with cattle-plagues and the phylloxera.

The federal authorities may make regulations respecting
the exercise of any class of industrial or commercial enter-
prise, but must not violate the principle of commercial free-
dom.^ In exercise of this right, laws have been passed which
regulate the manufacture and sale of matches,^ the guarantee
of fineness in the manufacture of gold and silver wares,'' and
the traffic in gold and silver waste products.* All of these
are intended to obtain safety and uniformity for all concerned.

Factory laws for the control and regulation of the sanitary
condition of workshops, the employment of children, and for
the establishment of responsibility for accidents to employees,
have been in force since 1877."' One system of inspection for
the whole country is thus secured. Also within the sphere of
federal legislation and supervision are agencies for foreign
emigration and private insurance companies, although where
insurance is undertaken by cantonal governments the con-
federation has no right to interfere. Patents for inventions,
copyrights for books and works of art, and trade-marks for
articles of commerce are issued also by the central government.

The efforts to establish uniform commercial laws for the
whole of Switzerland have been much hindered by sectional
opposition, but have finally been able to attain a reason-
ably satisfactory condition. One of the best results of the
work of unification is the Federal Law of Contracts [Ohliga-
tionenrecht) passed in 1881,*' which is in itself an exhaustive
treatise on the subject of commercial law, and defines all
classes of agreements and liabilities as they shall be observed

iFed. Const., Art. 31e.

2 Amtliehe Smlg. N. F., VI. 499, Wolf, 298.

3 Ibid. X. 45, Wolf, 305. * Ibid. IX. 266, Wolf, 317.

5 Fed. Const., Art. 34, Amtliehe Smlg. N. F., III. 241, Wolf, 288.
« Amtliehe Smlg. N. F., V. 635, Wolf, 173.

The Confederation and Society. 85

throughout the confederation. Finally, in April, 1889, a
general bankruptcy law was passed, which regulates the col-
lection of debts' according to a uniform system.

One industry has been entirely forbidden. Gambling
houses are the subject of constitutional enactment, and their
establishment is prohibited. The large gaming tables which
formerly flourished so abundantly at summer resorts were
given to the first of January, 1878, to close their doors, and
have since been under the ban of law.~ Lotteries may also
be made the subject of federal legislation, and have received
attention in the law of obligations so far as to establish that
no liability can grow out of lottery dealings unless the lottery
has been permitted by competent authority.'^

The management of posts and telegraphs, including also
parcels post, is under the exclusive control of the confedera-
tion.* To an American observer the national mail service
has become so much a matter of course that he can hardly
realize that one of the greatest steps in advance over the old
system was taken only forty years ago. Formerly each state
had managed the postal arrangements in its own territory,
and such meagre unity as existed was obtained only by loose
agreements between adjacent cantons. Then each state was
more mindful of the financial than of the social aspects of the
question, and a comprehensive and regular system was im-
possible. As compared with surrounding nations, Switzer-
land presented a pitiable aspect of disjointedness. Efforts
had been made as early as the projected constitutional revision
of 1832 to place the postal service under federal control, but
these did not succeed until 1848. The states thus obliged to
give up their rights were satisfied with indemnities which

' Comments by A. Zeerleder, Das Buridesgesetz iiber Schuldbetreibung
und Konkurs. Bern, 1889. Eug. Borel. Same title, Neuehatel, 1889.

'' Fed. Const., Art. 35.

^Oblig. R. 514, 515.

* Except that railways have the rigiit to maintain telegraph lines along
their roads for their own service.

86 State and Federal Government in Switzerland.

were to amount to nearly one and a half millions of francs
a year/ In assuming the monopoly, a thread connecting this
century with the Middle Ages was severed by the purchase of
the transportation rights of the German Counts of Thun and
Taxis, which were still in force in Schaifhausen. The indem-
nities to the states, however, were settled at the revision in
1874, according to which, exclusive control and benefit of
income were given to the confederation in return for certain
changes in the military taxes.^

The postal service undertakes the transmission of letters,
printed matter, parcels, money orders, and over certain stage
routes transports passengers. The administration is very
carefully conducted, and rapid and safe communication with
all parts of the country is obtained;' The financial aspects
of this department are considered in another place.*

The monopoly of telegraphs was established first by a
federal law in 1851. At the time of the adoption of the con-
stitution of 1848 this means of communication was not suffi-
ciently developed to gain recognition, but took its place
naturally in the revision of 1874. The confederation has
the right to erect lines either above or below ground through
any state, but always after consultation with the cantonal or
community authorities through whose territories it is proposed
to pass.^ The operators and clerks are federal appointees, as
in the Postal Department, and subject to all the laws gov-
erning such servants of the state.''

' Blumer, I. 553. - Protocol Bundesrevision, p. 281.

^ Postal laws are found in special handbooks issued by the department,
and in Wolf, p. 501, etc.

■• See Federal Finance,

sAmtlicheSmlg., VII. 329, Wolf, 564, 565.

^A uniform tariff is established for telegrams between all parts of
Switzerland. For the sending of a message between any two stations, and
its delivery within a radius of one kilometer from the receiving station, the
charge is as follows : (1) A fixed payment of 30 centimes {Orundtaxe) ;
(2) for each word, including the address, 2^ centimes. So that the charge
for a telegram of ten words with eight words in the address would
amount to 75 centimes, or 15 cents.

The Confederation and Society. 87

The laws regulating railways proceed only from the confed-
eration.' The government has never undertaken to manage
railroads on its own account, though by the terms of certain
concessions some short lines are at its disposal. The question
as to whether the confederation shall buy out all the existing
roads is often brought forward, but as yet not fully settled.
A most important step in this direction was taken during the
year 1890, by the purchase of a large share of the preferred
stock of the Jura-Simplon railway, one of the largest systems
in Switzerland. This does not necessarily mean immediate
federal management of the line, like the administration of
posts and telegraphs, but the purchase makes the government
the controlling stockholder and financial manager. With
this important raihvay in hand, the assumption of all the
other lines at some future time will not be difficult, and we
may look forward to advancement in that direction.' The
confederation has established very minute laws as to the
construction and conduct of such enterprises, and maintains
a close supervision over their administration. Regulations
for the technique of railroad-building extend to the width
of track, strength of axles, height of buffers, and even to the
lettering of cars, so that uniformity and safety are provided
for as much as is possible without state ownership.'' But
one of the most useful spheres of governmental action lies
in the regulation of the financial management of these
undertakings. Federal law prescribes the method of keep-

iPed. Const., Art. 26.

'^ The conditions of the purchase will be found in Bundesblatt, 12 July,
1890, Vol. III., p. 967. An interesting sketch of federal railway politics
since 1852 is in Hilty, Polit. Jahrbueh, 1890, p. 959, etc.

' By a law passed June 27, 1890, railway and steamboat employes enjoy
federal protection similar to that giv^en to other industries by the Factory
Law. The hours of labor are limited to twelve, with an unbroken period
of rest for at least eight hours a day. Employes shall have fifty-two free
days each year, and at least seventeen of these shall occur on Sunday.
Freight traffic is forbidden on Sundays except for stock and perishable
goods.

88 State and Federal Government in Switzerland.

ing accounts which railways must follow ; what shall be
considered expense and how classified ; what shall be credited
to profit and loss ; what shall be considered capital, and
what shall be charged to improvements and new service;
and, further, the methods by which stock shall be transferred,
indebtedness incurred and liquidation carried out. The
companies must balance their accounts at the close of every
calendar year, and before the last day of the next April
must lay printed copies of their reports before the Federal
Council. Here it undergoes inspection by the Department of
Posts and Railroads, control being thus maintained over the
management, in the same way that National Banks are con-
trolled in the United States.

The value of these regulations is obvious. They give pro-
tection, not only to the state against operations prejudicial to
its welfare, but the interests of the stockholder and bond-
holder are served in a high degree by the publicity of accounts.
While gambling in railroad stocks cannot thus be done away
with, yet manipulation of funds, the " hypothecation " of bonds
and much contract jugglery can be headed off completely.
The statistics of railway management, such as the United
States government is endeavoring so hard to obtain by per-
suasion and is only partially successful, are in Switzerland
brought to hand every year by federal statute, for the benefit
of all concerned. Without actually managing the railways
itself, the government has really brought about a high degree
of centralization.

Since 1848 the coinage of money has been the exclusive
prerogative of the confederation. The confusion of currency
which was endured in the American Colonies and Confedera-
tion is not to be compared to the distracting disorder which
prevailed in the monetary arrangements of Switzerland. There
were as many coinages as states, and almost as many different
systems and bases of value. From so many sources it was
impossible to regulate the issue according to the necessities
of trade, even if this could endure the endless calculations of

The Confederation and Society. 89

exchange. Efforts were made to bring about reform, but
these fell with the projected constitutions of the thirties.
Under the new confederation the matter was simply turned
over to the federal authorities, and they, after careful consider-
ation, adopted for uniform currency throughout Switzerland
the coinage system of France, which had already gained a
partial foothold. The unit of calculation is the franc, divided
into 100 centimes (German Happen) and coined in various mul-
tiples. By the treaty of 1865, Switzerland entered the Latin
Monetary Union, so that now her coinage is on a uniform
basis not only with that of France, but also of Belgium,
Italy and Greece.^

"The establishment of weights and measures belongs to
the confederation. The administration of the laws on the
subject is carried out by the cantons, under the supervision
of the confederation."^ This order of things was brought
about finally in 1874. The cantons had already, before the
establishment of the confederation, endeavored to help them-
selves toward uniformity by means of a concordat, and were
prepared for the provision of the constitution of 1848 which
granted the federal government the right to establish a general
system on the basis of the existing agreement. But resist-
ance was encountered in the Romance cantons, which was
not wholly laid till the matter was put into the hands of tb.e
central government without reserve. Then the metric system
was adopted, and finally made obligatory.

As a matter of general interest to the whole people, the
confederation superintends the maintenance of such highways
and bridges as contribute to the welfare of the union. The
care of roads is in reality the duty of the individual states,
but by keeping an oversight upon interstate and international
thoroughfares of communication a greater certainty of good
highways is obtained. Works of a larger nature are also
supported in part by federal subventions. Four of the

' International Mon. Conf. 1878. Appendix, p. 779, etc.

^Ped. Const., Art. 40.

90 State and Federal Government in Switzerland.

mountain cantons receive annual subsidies for maintaining
the Alpine passes within their territories,^ and such under-
takings as the Gotthard tunnel have been heavily supported.
The confederation is able to discipline these subsidized can-
tons in case they do not properly maintain their roads, by
withholding the sums allowed them.'

In general it may be said that the confederation is ex-
pected to assist in the construction of public works which ex-
ceed the powers of single states. The improvements of
rivers, protection against avalanches, and other matters of
like nature have had the support of the federal legislature,
lu order to carry out such projects the confederation may
exercise for itself the right of eminent domain, and in case
an undertaking on the part of a canton threatens injury to the
military interests of the country, may forbid its construction."

Supervision of the general welfare of the country extends
also to the forestry of the Alps, where great precautions
must be taken against torrents and snow. Fishing and hunt-
ing and the protection of useful birds may also be made the
subject of general laws, although the right to hunt and fish
is regulated by cantons or communities, as stated elsewhere.^

Education.

In the matter of education, the part played by the central
government does not exhibit to advantage what is done by
the Swiss people as a whole. Schools and universities are
nearly all maintained by the cantons, and the work done by
them is treated more fully under the head of State Gov-
ernment, yet the confederation contributes a respectable
amount to the advancement of learning and supplements in
many ways the eiForts of the states.

1 Fed. Const., Art. 31. Uri, fr. 80,000 ; Graubiinden, 300,000 ; Ticino,
2U0,000 ; Valais, 50,000.
-Fed. Const., Art. 37.
•^Fed. Const., Art. 23.
^ See Canton Finance.

The Confederation and Society. 91

The constitution of 1848 authorized the federal govern-
ment to erect and maintain a polytechnic school and a univer-
sity.^ The first was founded in 1855, but the university has
never been realized. The revision of 1874 went further in
its provisions for education, by declaring that in addition to
the existing Polytechnicum the confederation was authorized
to establish a university and other institutions of higher edu-
cation or to aid such institutions.' Furthermore, the obliga-
tion was laid upon the cantons to maintain primary education,
which throughout the whole country must be compulsory, free
of cost, open to children of all religious beliefs, and under the
supervision of the state. If any canton does not fulfill these
obligations, the federal government may take the necessary
steps to compel it.

The interpretation and application of the clauses respect-
ing primary education have been delicate tasks for the federal
authorities, and perhaps await yet more satisfactory solution.
Many of the cantons need no urging in the direction either of
popular or higher education, supporting liberally universities,
gymnasiums, seminaries, and carefully conducted public
school systems, there being, besides the federal Polytechnicum,
four universities with over three hundred instructors within
this small territory of about three millions of inhabitants.

The confederation itself expended in 1887 upon the Poly-
technic 579,000 francs.-' It contributed further to the sup-
port of over one hundred technical and industrial schools
and museums in the various states to the amount of 220,000
francs, and for agricultural education 61,659 francs. It also
takes an interest in the preservation of national historical
relics,^ and promotes the cause of Swiss fine arts with an
annual credit of 100,000 francs.-'

' Art. 32. 2 Fed. Const., Art. 27.

^Grob, Jahrbuch des Unterrichtsweseu in der Schweiz, 1887.
* Law of .Tune 30, 1886. In 1889 a National Museum was established.
Ililty, Polit. Jahrb. 1890, p. 1011.
•^Law of Dec, 1887, Grob, Unterrichtswesen Anhang, p. 1.

92 State and Federal Government in Switzerland.

The activity of the central government in the education of
army recruits should be mentioned here. Military instruc-
tion is entirely in the hands of the confederation, and includes
much beside the technicalities of drills.^ By its examinations
the state of primary education in the various cantons is ex-
hibited, and by the publication of the statistics an honorable
rivalry in this field is encouraged. The states have not
allowed much interference with their educational systems, but
this general superintendence on the part of the confederation
has exerted a favorable influence for uniformity and excel-
lence.

The Confederation and Religion.

The relations of the central government to religion and
worship are of a general rather than of a particular nature.
To the cantons have been left the management of church
societies and the local machinery of religious expression, to
the confederation the great principles upon which all are
founded. Against violation of these the citizen may appeal
to the federal constitution, and may invoke the powers of
the federal government in his behalf.

In brief, these general principles are as follows r freedom
of conscience and of belief is inviolable ; persecution, either
on the part of the state or of other religious sectarians,
cannot be suffered ; nor may any person be compelled to
join any religious society, nor to participate in any religious
instruction or worship without his own consent. This princi-
ple is also involved in the provision mentioned above, which
declares that the public schools shall everywhere be so con-
ducted that members of all confessions may attend without
injury to their religious feelings or violation of their con-
sciences. In order to settle any controversies which might
arise between parents of different confessions, the constitu-
tion provides that the religious education of children up to

' See " Military System," above.
Fed. Const., Art. 49-53.

The Confederation and Society. 93

the end of the sixteenth year shall be determined by the
father or the possessor of the paternal authority.'

The exercise of civil or political rights cannot be abridged
by regulations or conditions of an ecclesiastical or religious
nature. In other words, a man may not be deprived of any
of his civil rights because he does, or does not, belong to this
or that denomination. Switzerland was slow in coming to
this point. Even by the constitution of 1848, only the
Christian religion was recognized. Israelites and others had
no guarantee whatever, except what public opinion could
furnish, but in 1874 all distinctions were laid aside.

But if religious opinion cannot deprive a citizen of his
rights, so neither can the state be deprived of his services on
account of his private opinions. Sectarians who refuse to
carry arms may be compelled to do so.'

No one shall be required to pay taxes which are levied
especially for the purely religious purposes of any society to
which he does not belong. The presence of an established
religion in many of the cantons makes the interpretation of
this clause, and especially the formulation of a federal statute
on the subject, quite difficult.

The Federal Council and the Federal Court have, however,
spoken to the eifect that no one can refuse to pay the general
cantonal or general community taxes, out of which in so many
states the church is supported.' The tax to be illegal must
be for the exclusive use of a particular cult. Levies voted
for matters which serve both religious and civil purposes, as
bells, tower -clocks, or grounds for cemeteries, would not be
considered special religious taxation.

The freedom to exercise religious worship, within the bounds
of good morals and public order, is guaranteed. Any attempts

'" Inhaber der viiterlichen oder vormundschaftlichen Gewalt."
- Langhard, Glaubens- uud Kultusfreiheit, p. 121. Yet when such cases
come up among recruits, officers have been known to compromise with
conscientious non-combatants, by placing them in the hospitals or other
similar service.
•^Langhard, p. 7.3.

94 State and Federal Government in Switzerland.

on the part of diiFerent sects to interfere with each other,
or of ecclesiastical authorities to usurp the functions of the
civil government, would be checked by the cantons as well as
by the confederation. Appeal in any such cases might be had
to the federal authorities, with whom lies the guaranty of
equality.^

The establishment of bishoprics within Swiss territory
must be done only with the consent of the confederation.
This is aimed at the prevention of divided allegiance, which
would arise where a bishopric included territory of foreign
governments. Considerable trouble has been experienced
with the Roman Catholic Church on this account. In early
times their dioceses paid no attention to national boundaries,
and when it became necessary to reorganize these divisions,
no little dispute arose and has not yet been fully settled.

The order of the Jesuits and societies associated with it
are forbidden to locate anywhere in the country and their
activity in church or school is entirely prohibited. The
establishment of new monasteries or the reopening of any
suppressed cloister is also forbidden. The downfall of the
Jesuits in Switzerland was caused by their incessant interfer-
ence in aifairs of state and the intense ultramontane character
of their policy. It was chiefly their agitation that brought
about the conflict of religions which resulted in the secession
of the Sonderbund and very nearly the downfall of the re-
public. It was determined that in future that particular

' The opposition experienced by the Salvation Army for a time called
in question the religious liberty supposed to exist in Switzerland. The
restrictions placed upon the public performances of these missionaries
came from the state authorities and were at times severe, but were
established in the interest of peace rather than on account of religious
intolerance. The federal government also for a short time interfered, but
afterward withdrew its orders, and in 1890 refused to adopt prohibitive
measures which were urged upon it. The appearance of the Salvation
Army does not now awaken the former opposition on the part of the
people, and measures to prevent riots can be safely left to the state
governments.

The Confederation ami Society. 95

activity should be excluded, since without the agitators the
people would soon learn to accommodate themselves to each
other's religious views.

Finally, in some minor points in which ecclesiastics might
possibly exert undue influence, the civil authorities have
been given by the constitution a control which in former
times they did not have. The registry of births, deaths,
marriages, and civil status was placed entirely in the hands
of public officials, and to prevent misunderstandings between
the church and the unfaithful, it is laid upon the civil au-
thorities to see that every deceased person shall be decently
buried.^

The latest addition to the social functions of the confed-
eration is the power to enforce general and compulsory in-
valid and accident insurance. By an almost unanimous vote
of the national legislature, a constitutional amendment to this
eifect was passed in June and submitted to popular vote in
October, 1890. The article- reads as follows: "The con-
federation will by statute establish invalid and accident
insurance, having regard to already existing invalid funds.
It may declare participation to be obligatory upon all, or
upon special classes of inhabitants."

It yet remains to be seen what kind of legislation will be
erected upon this basis. There seems to be a strong demand
for something of the kind just at present, and doubtless what-
ever is enacted will have the support of public opinion. The
subject connects itself on one side with existing factory legis-
lation, as better protection for the industrial classes, and
in another sense is a part of the problem of poor relief. The
parliamentary committee in their report took a conservative
view of the matter, and endeavored to forestall the rose-col-
ored anticipations of radical advocates of such measures.
They expected this movement to be only a single step in

'Fed. Const., Art. 53.

- Fed. Const., Art. 34 bis. The article was adopted by a vote of 283,228
against 92,200. Bundesblatt, 1890, p. 1128.

96 State and Federal Government in Sioitzerland.

advance, and to express their moderation dropped the desig-
nation " labor insurance," so commonly used by agitators,
and called the project simply invalid and accident insurance.
Doubtless the benefits will be confined chiefly to the laboring
classes, but it was not intended as a universal panacea for
labor troubles. We may expect a temperate trial of this en-
terprise based on the experience of countries where state
insurance has been longer in operation.'^

^A careful statement of the relations of this subject to other state activi-
ties will be found in Hilty, Polit. Jahrbuch, 1890, p. 762, etc.

CHAPTER XL

The Confederation and the Individual.

Having indicated in meagre outline the organic structure
of the federal government, its place in the complex life of the
confederation, and its relations to the social fabric, it will be
in order to point out briefly the individual rights which are
especially under its protection.

In making up the sum of personal privileges which are
enabled to be enjoyed, it will also be necessary to keep in
mind all the social conditions which form the citizen's envi-
ronment, and to remember that all the government activities
mentioned in the previous chapters, which are exerted for
the general welfare, are inseparable from the good of the pri-
vate individual. To these may be added any particular
elements which the confederation contributes directly to the
safety and well-being of its members.

In respect to outward designation of these things, the
Swiss government does not diifer from many other enlight-
ened states, yet the quality of the privileges may be quite
apart. In the first place, there is guaranteed to every citizen
equality before the law.^ Not that every man is equal to
every other man in his rights to possessions and preferment,
but, when he appeals to the law or expresses his opinion in
political matters, the lowest is as good as the highest. " There
shall be in Switzerland no condition of political dependence,
no privileges of place, birth, family or person."

2. Freedom of movement from one state to another may
not be denied to any one who can show evidence of origin,
nor shall the citizen who takes up a new residence be treated

'Fed. Const., Art. 4.

98 State and Federal Government in Switzerland.

any differently from his neighbors. Persons coming from
one state into another cannot be taxed more severely than old
residents, nor for the support of both cantons. Foreigners
look to the federal government for naturalization, though full
adoption as citizens depends on the community and canton.^
When citizenship is once obtained, no state can banish the
possessor out of its borders nor deprive him of its privileges.
The confederation retains the right to order unpleasant
strangers to leave the country, but a Swiss citizen cannot
be outlawed by any limits of time or absence from the coun-
try, except at the request of the person himself, and the
regulations for the dissolution of allegiance are established
by the central power. Foreign countries are not so willing
to allow the perpetuity of these obligations,^ but, so far as
the home government is concerned, if you are a Swiss citizen
once, you are a Swiss citizen always.

3. The liberty of religious belief, freedom of conscience
and choice of worship, have been sufficiently stated under the
subject of Church and State. It must be conceded that so
long as the cantons maintain established religions, or even
attempt to support the ministry of all the chief sects alike,
there will be limitations to religious liberty not known in the
United States. But to have cut loose all at once from the
old state of things would have been too violent a change in
1848, or even in 1874. So far as private belief is concerned,
no limitations are set, but as to taxation for religious pur-
poses, complete freedom is yet to be obtained.

By removing the registration of births and marriages from
the hands of any but the civil authorities, a possible limitation
of religious liberty was broken down, since ecclesiastical
powers might forbid the marriage of persons of different be-
liefs. This was a source of great controversy, often of hard-
ship, in earlier times, but now the " right of marriage stands
under the protection of the confederation, and cannot be

'Fed. Const., Art. 43-48.

^ For instance, the United States, Wharton's Int. Law Digest, 172.

The Confederation and the Individual. 99

limited by any restrictions of an ecclesiastical or economic
nature, nor on account of previous conduct or any other
police reasons."^ The parties may judge for themselves
whether or not they will enter into this relation, and no arti-
ficial barriers can be thrown up by states or communities,
either by non-recognition of foreign ceremonials, or by special
taxation, bridal settlement fees, or similar demands,

4. To expression of opinion through the press the fullest
liberty is guaranteed within the bounds of good morsls.^
Punishment for the criminal abuse of this privilege is ex-
acted by the cantonal governments, though the laws under
which this is done must be approved by the federal executive.
On the other hand, the confederation has the right to punish
press abuses which are directed against itself or the federal
officials." This might be made an instrument of oppression,
but the criminal statute enumerates as indictable offenses
chiefly matters of public concern, as incitement to insurrec-
tion, or to disobey or hinder the execution of federal laws.
For personal affairs, as when officials or authorities are
libelled, suit against the offender is brought, not by the gov-
ernment, but by the official or body injured.

5. The right of citizens to form associations cannot be im-
peached so long as their objects are not unlawful or danger-
ous to the state. The laws on the subject of the misuse of
this liberty are, however, established by the cantons them-
selves.* The right to enter complaint of grievances in form
of petition to government stands also under the protection
and guaranty of the confederation.

6. If summoned to answer for his action in a court of law,
no citizen can be made to a])pcar before any other than the
legally constituted tribunal of his place of residence. Hard-
ship cannot be thus imposed upon a man by bringing suit in

'Fed. Const., Art. 54.

2 Fed. Const., Art. 55.

3 Bundesstrafrecht, Art. 69-72, 42, 43, 48, 59.

^Fed. Const., Art. 56.

100 State and Federal Government in Switzerland.

a distant and untimely place, but only before the proper
judges of his community or state.^ This was one of the great
principles for which the struggling confederation fought in
feudal times and first obtained in the fourteenth century.^
Now the whole power of the central government may be in-
voked to maintain the "Jws non evocando.^' Nor may extra-
ordinary tribunals be erected for special purposes, nor shall
ecclesiastical courts have any jurisdiction in civil matters.
Imprisonment for debt, and all corporal punishments, are
forbidden/' That sentence of death should not be pronounced
for political offenses was an original provision of the consti-
tution of 1848, but in the revision of 1874 this article was
made to abolish all capital punishment except in time of war.
A few years' trial of this, however, provoked great outcry
from all sides, and in 1879 the legislature was compelled to
submit the matter to popular vote. As a result, the punish-
ment of death for crime was given back again to the option
of the cantons, and only the guaranty of political inviola-
bility retained by the confederation.^

7. Tlie liberties and privileges in the domain of commerce
and industry have been mentioned before, and it might then
have been observed that while freedom of contract and free
trade between states and, in general, unrestricted personal
action were largely maintained, in reality, the social opera-
tions of the confederation and the cantons through their
monopolies and industries, impose quite powerful limitations
on the sphere of individual activity. These are not neces-
sarily harmful to public welfare, but are nevertheless to be
noted when speaking of personal liberty.

iFed, Const., Art. 58.

2 Chapter I., p. 8.

3 Fed. Const., Art. 59, 65.

■* An eminent jurist has recently made some very just criticisms of the
states which called so loudly for the death sentence, but since getting
the privilege have been commuting the punishment of criminals notori-
ously worthy of hanging. Hilty, Jahrbuch, 1890.

The Confederation and the Individual. 101

8. Finally, as a crown to the whole edifice of popular
rights, the confederation guarantees to all citizens, not only
the liberties and privileges contained in the federal constitu-
tion, but also those included in the laws of the cantons.^ In
becoming surety to each state for the preservation of its con-
stitution, the federal government does not thereby intend to
guarantee the continuance of any existing administration ; it
upholds only the powers which the people have granted to
the authorities, and if constitutional liberties have been in-
fringed, will defend the rights of the citizen. In the federal
Supreme Court is found a tribunal where the individual may
get redress, and in the federal executive the strong arm of
enforcement.

'Fed. Const., Art. 5.

PART II
STATE GOVERNMENT

CHAPTER XII.

State Legislation.

As already indicated, the functions of government are
divided between the confederation and the cantons in a man-
ner similar to that prevailing in the United States. The
federal power i7i Switzerland has, in some directions, greater
scope than in America, yet there remains in both cases a
large body of interests affecting the individual and the com-
munity, which are regulated by the various states in differe^it
ways, according to their differences in temperament, in lan-
guage and historical development.

These differences were formerly more marked than at
present. The original physical barriers between the different
sections of the country were increased by artificial partitions
built of jealousy and distrust ; but modern methods of com-
munication, the development of trade and industry, and the
successful establishment of a central government have caused
the idiosyncrasies of locality largely to disappear. States
have in later days been more willing to try one another's
experiments, and, as in the case of the Referendum, some
institutions or changes have passed from one to the other
until, in those respects, nearly all are alike.

Yet with all the tendencies to uniformity there still exist
many diversities of detail, explained only by their own his-
tory, and worthy to be studied for their problems in political
psychology. Every region, every hamlet has its peculiarities,
but, in order to keep in view state government as a whole,
only the outlines of variance will here be indicated.

The states, when classified according to their forms of
government, may be broadly divided into Democratic and
Representative, or, if we leave out of consideration for the

106 State and Federal Government in Switzerland.

present the popular vote on the adoption of laws, there are
states where the laws are made by the people assembled to-
gether in person, and others where this is done by delegates
elected by the people to act in their stead. According to this
division there are six governments in which the purely
democratic or folk-mote system of legislation prevails, and
nineteen in which delegated assemblies are more or less com-
pletely the sources of law.

If we examine into the real nature of the various govern-
ments, however, it will soon appear that this classification is
not sufficiently exact ; that the presence of an elective legis-
lature does not necessarily make a state a representative gov-
ernment ; and that, in fact, owing to the supervision assumed
by voters over their lawmakers, there are in Switzerland
twenty-four democracies and only one republic. The only
strictly representative government is that of Freiburg. All
the others are democratic in various degrees, according to the
amount of original work left to the discretion of the legis-
lature.

The highest form of democracy is found in the town-meet-
ing cantons, where all the citizens come in person to discuss
and vote upon laws ; but this system is scarcely more demo-
cratic than the one employed, for instance, in Baselland,
where the whole work of the legislature is at the close of each
session submitted to popular vote. In some states only the
more important laws are obliged to run the gauntlet of
popular ballot, while in other governments it is optional to
call them in question or not. Hence a more suitable arrange-
ment is one which divides the states first into democracies
and republics, and classifies the former according to the ex-
tent to which they employ either the Popular Assembly, the
Obligatory Referendum, or the Optional Heferendum.

The Landesgemeinde.

Of all methods of lawmaking the folk-mote plan is the
most picturesque. It has attracted the attention of many

State Legislation. 107

writers both on account of its primitive quaintness and its
historical interest. But in some cases the impressiveness of
the view has led the observer astray in his conceptions of the
past and present of popular assemblies, and the Landes-
gemeindc in the hands of such has become a fetich with which
to conjure up original Germanic institutions.

If the Swiss popular assembly is a survival of the tribal
council of Tacitus, it must have survived, like the buried
rivers of Greece, in subterranean obscurity, for the first Lan-
desgemeiiuh, definitely mentioned in the records, occurred
some twelve centuries after the Roman historian's time, in
1294. This was a meeting of the inhabitants of Schwyz, for
the purpose of making regulations for the sale of their com-
mon lands and for taxation.

In 1314 another folk-mote is mentioned, at which these
Schwyzer determined after long debate to undertake a war-
like expedition against the abbey of Einsiedeln. How fre-
quently such meetings occurred, or how widespread the cus-
tom was among other clans we are not informed, yet it is
evident that the folk-mote had already become an established
institution, a recognized authority with regular modes of
procedure. It must have been in operation for some time,
but when it began in Switzerland is as yet only a matter for
speculation. As it emerges into history the Landesgemeinde
is apparently an outgrowth of the feudal manorial court, or
HofgericM} The countrymen of the Alpine valleys assem-
bled together at the call of the lord's bailiff or deputy, to wit-
ness trials and to act as a popular jury upon disputes arising
under the customary law of the region. They did not to any
great (ixtent legislate, they applied law ; they did not elect
the magistrate, they received him ; as we see from the words
of the First Perpetual League, where the compact does not
revolt at the thought of judges being a])})ointed for them, but
against foreign judges, or such as had bought the place with
a price.^

' See p. 5, above. '^ Rambert, Etudes Ilistoriques, 164.

108 State and Federal Government in Switzerland.

Just when this assembly advanc d to a fully self-governing
body we may not positively determine, but we can under-
stand how, having gained the point that only natives should
be appointed magistrates, it would be an easy change, at
some time when the feudal hand had weakened, to elect a
man, instead of waiting for his appointment. As the political
horizon grew larger, more of the functions of state would be
assumed by the popular assembly, until it finally became
supreme.

The changes which have taken place within what may be
called the historical period, have been rather in the details
than in the principles of popular government. Administra-
tion was obliged to conform to new and larger wants, but the
final source of authority and the method of expressing its
will have been the same. Not all the cantons which were
originally governed by the folk-mote maintained it to the
end. In the old League of Thirteen there were, after the
Reformation, eleven Landesgemeinden ; two each in Appen-
zell, Schwyz, Glarus, Unterwalden and Uri, and one in Zug.
Schwyz became too large and too boisterous to be governed
by a mass-meeting, and, in 1798, fell before the advance of
the Helvetic Republic. It was made a part of the new
unitary state and never returned to the original form. At
the same time perished the democracy of Gersau, which had
been for five hundred years an independent community
within the borders of Schwyz. Glarus catholic and Glarus
protestant became united in 1836, and only a year or two
ago the separate assemblies of Uri were finally made one.
Zug entered the list of representative governments in 1848,
so that there are now but six states governed by Landesge-
meinden. In their federal relations two of these are whole
cantons and four are half-cantons.

The theoretical basis of folk-mote government is that the
people in person ordain and establish all laws and regula-
tions. This is not carried out to the letter, even in the most
democratic cantons, for in all of them there are, beside the

State Legislation. 109

Landesgemcinde'ii , representative councils which have some
degree of legislative initiative, but the amount of discretion
is practically so small that in a general consideration it can
be ignored. The people cannot personally administer the
laws, hence einploy for the purpose a corps of more or less
permanent officials ; but they can enact their statutes by only
an occasional departure from the ordinary business of life.
This is done in Switzerland by stated meetings, ordinarily
one a year, though extra sessions may be called in emergen-
cies. The day set is a Sunday in April or May, and the
place some spot in the open air, long consecrated by conveni-
ence and usage to the assembling of the people.^

In theory the Landesgemeinde consists of all male citizens
who have reached their majority ; in practice it is composed
of all who are able to be present. It differs from an ordi-
nary mass-meeting in the respect that the voter not only ex-
presses his political opinions, but instantly gives effect to
them. The majority does not simply wish, or demand the
passage of a measure, but enacts it at once, and the vote is a
solemn legal proceeding. Hence the interest with which
the foreign observer, who is accustomed to representative
methods, beholds this act of sovereignty on the part of an
assembly which includes all classes of people, poor and rich,
the educated and the ignorant together.

The functions of the folk-mote are well stated in the con-
stitution of Uri'"^ : " Whatever the Landesgemeinde within the
limits of its competence ordains, is law of the land and as
such shall be obeyed "; but this does not mean unlimited
license to majorities. " The guiding principle of the Landes-
gemeinde shall be justice and the welfare of the fatherland,
not wilfulness nor the power of the strongest."*

' In Uri, Boetzlingen an der Gand, near Altorf ; in Grlarus, the village
of Glarus ; in Obwalden, Sariien ; in Nidwalden, Wyl an der Aa, near
Stans; in Appenzell Exterior, alternately at Trogen and Hundwyl; in
Appenzell Interior, the village of Appenzell.

•^Art. 51.

3Art. 50.

110 State and Federal Government in Switzerland.

In detail the powers and duties of this body vary some-
what in different states, but usually cover the following sub-
jects : partial as well as total revision of the constitution ;
enactment of all laws ; imposition of direct taxes, incurrence
of state debts, and alienation of public domains ; the granting
of public privileges; assumption of foreigners into state citi-
zenship ; establishment of new offices and the regulation of
salaries; election of state executive and judicial officers.' In
no case does the Landesgemeinde act as court of j ustice. This
will be noted as a wide variation from the folk-mote of
Tacitus, which was accustomed to condemn criminals and
cowards by popular vote.^ The modern concilium leaves all
such matters to the calmer consideration of the judiciary or
executive. In brief the Landesgemeinde is the source of all
general law and highest supervisor of administration.

The method of procedure while in session is adapted to the
necessities of a mass-meeting, and diffiirs considerably from
an ordinary legislative body. The presiding officer is the
chief executive of the canton, the Landammann. Supported
by the State Secretary, the Constable and other officials, the
President mounts a temporary tribune in the open air and
finds before him the whole population of his dominion, men,
women and children, in holiday attire. Not all of these
are voters, but none are forbidden to come, though women
and bystanders are expected to stand about the borders
while their brothers legislate in the centre.^

Formerly it was the custom for every voter to wear a
sword, but now this is expected only of the presiding officials.
Here and there may be seen perhaps a rusty family relic,
more often carried under the arm, or strapped to an um-
brella, than hanging at the side. Black clothing is apparently

' Typical enumerations of powers are to be found in the constitutions of
Uri, Art. 5'2, and Glarus, Art. 39.

^Germania, Cap. 12.

"Ill Glarus, seats are provided directly in front of the tribune for the
children, who are thus brought early to understand their political duties.

State Legislation. Ill

the only uniform required, if general usage may be called a
requirement. The people are so well known to each other
that it would be difficult for any one to act as a voter without
detection.'

Some of the Landesfjcmehiden have retained more of their
ancient customs than others. In Nidwalden, for instance,
the Weibel, whom we may call state constable, or high ser-
geant, or herald, is a most important personage. He is
dressed in elaborate costume, and acts the part of grand
master of ceremonies. At the opening of the assembly the
Landammann demands of the people whether they wish to
respond to the invitation of his government and to hold their
Landesgemeinde. After a pause the Weibel gravely replies,
" Most honorable Landammann, we desire to hold the Landes-
gemeinde according to ancient custom."

" Then let us begin by asking the blessing of God."
An act of worship, after different forms, is the beginning
of proceedings in all of the popular assemblies, after which
it is customary to listen to an address from the President.-
This may be long or short, according to the amount of busi-
ness on hand. The legislation which is to come up for
adoption has already been put into shape for presentation,
either by the executive council of the state or by that body
which takes the place of a house of representatives.^ It was
formerly allowable in some cantons for any person to present
a bill at the meeting, but now it is necessary in all of the
states to submit such proposals first to the authorities.' Here
they are examined and reported upon to the Landesgemeinde,
with comments.

1 There is occasionally complaint from some of the Landesgemeinden
that the young men who are not yet voters, forget that fact in the excite-
ment of the occasion, and add their hands and voices to elections when
not entitled to the privilege.

■ The order is not exactly the same in all cantons.

" Here the resemblance to the concilium of Tacitus is real.

" In Uri, before the last revision of the constitution, it was necessary
for a bill to be requested by at least seven men of as many different fami-
lies.

112 State and Federal Government in Switzerland.

In Glarus this programme is called the Landesgemeinde Me-
morial, aud must be published at least four weeks before the
assembly meets.^ To give opportunity for individuals and
authorities to make proposals and offer bills, the official
gazette announces every January that for fourteen days after
a given date petitions may be presented for that purpose.
These must be written, the object plainly stated, and accom-
panied by the reasons. All such motions are considered by
M'hat is called the Triple Council, or legislature, and are
classified as " expedient " and " inexpedient." A proposal
receiving more than ten votes must be placed on the list of
expedient, accompanied by the opinion of the council. The
rejected are placed under a special rubric, familiarly called
by the people the Beiwagen. The assembly may reverse the
action of the council if it chooses and take a measure out of
the " extra-coach," but consideration of it is in that case de-
ferred until the next year.

In the larger assemblies debate is excluded, the vote being
simply on rejection or adoption. In the smaller states the
line is not so tightly drawn, the constitution of Uri providing
that signers of petitions may orally explain their motions in
person or by deputy. Votes are taken by show of hands,
though secret ballot may be had if demanded, elections of
officers following the same rule in this matter as legislation.
Nominations for office, however, need not be sent in by peti-
tion, but ma}'^ be offered by any one on the spot.

The proceedings are, on the whole, carried out with great
dignity, although considerable good-humored amusement is
often occasioned by the election of minor officers. The crowds
are never turbulent, even where debate becomes at times
exciting.

When we examine into the conditions under which folk-
mote government is carried on in Switzerland, we find, in the
first place, that it is the smaller rather than the larger states
which employ that form. A list of the six cantons which are

' In some other cantons as few as ten days may intervene.

state Legislation. 113

least in population corresponds very nearly to the six demo-
cracies, and, in geographical dimensions, almost the same
proportions are exhibited.^ All of them are situated in the
mountainous interior of the country, where life is essentially
pastoral, where large cities have never grown up and are never
likely to be found in the future. The means of existence
remained much the same for centuries, and even in these
later days the primitive occupations of the fathers have felt
less severely than in other places the pressure of change.
The wants of the people do not require as elaborate machinery
for government as that demanded by larger industrial com-
munities.

The Landesgemdnde is also possible, because the states are
not only small in relation to other members of the confeder-
ation, but are actually diminutive in area. The longest
dimension of any one of them does not exceed thirty miles,
hence the distance from home to the chief town would not,
for any large number, be more than ten or fifteen miles. For
the greater part of the population, the travel involved in
attending the assembly is much less than that. Uri is long
and narrow, requiring the greatest amount of travel from its
outskirts to its capital, but Interior Appenzell is a circle
about ten miles in diameter, in which the seat of government
is nearly central, hence it is not a very difficult matter, in
any case, to secure the attendance of a large proportion of
the voters.

The size of the assemblies is also in their favor. It would
not be possible to conduct successfully a folk-mote which
contained as many voters as the state of Massachusetts,
though that commonwealth has had abundant experience in
town-meetings. It is astonishing to see how well the larger
assemblies of Switzerland are managed, when one considers
that it is not an ordinary political mass-meeting, but a legal

'Population in 1888: Nidwalden, 12,538 ; Appenzell Interior, 12,888 ;
OWwalden, 15,041 ; Uri, 17,249 ; Glarus, 33,825 ; Appenzell Exterior,
54,109.

114 State and Federal Government in Switzerland.

institution, demanding exactitude and fairness at every step.
A difference in procedure may be noted between the larger
and the smaller cantons, growing out of the fact that larger
crowds must be handled. In Exterior Appenzell and Glarus
there is less of the picturesque, and stricter attention to the
plain cold facts of politics. Ten thousand men is a large
number to make their own laws in person, but sometimes
more than that are assembled in the public square of Trogen.
Ten thousand men in black, framed in a quadrangle of an-
cient buildings, is an interesting sight under any circum-
stances, but doubly impressive when you realize that they
are making law. This, however, is the extreme limit in the
size of the Landesgemeinde ; in other cantons you feel less
fear of unwieldiness. If the voters in these states amount to
about twenty-five per cent of the population,^ the largest
assembly \yould bring together about 13,500 people, and the
smallest about 3000, provided that all who were qualified
were present. This, however, will probably never be the
case. Statistics of the votes upon a series of national ques-
tions show the highest degree of participation to have been
eighty-six per cent of the voting population y hence we may
expect that not much over three-fourths of the qualified citi-
zens will come together at any one time. This reduces the
size of the assembly to about ten thousand for outer Appen-
zell and about twenty-two hundred for Nidwalden. Thus
the slight population of these districts is represented by a
still smaller number of lawmakers, and the uncertainties of
democratic government very decidedly reduced.

Whether this form of government is likely to endure is a
question not easy to answer. The Landesgemeinde has been
abandoned by two states in modern times, but their example
affords no criterion. If population does not very materially
advance its rate of increase, nor ordinary rural conservatism
lose its tenacity, we may expect the assemblies to continue
to exist for a long time.

1 Zeitsehrift fur Schw. Statistik, 1879, p. 62. ' Idem, p. 62.

State Legislation. 115

Legislatures.

In all the states are to be found representative bodies,
elected for the purpose of making laws.^ Even in the folk-
mote cantons, where we have observed the people legislating
in person, there are also smaller councils chosen for the same
purpose. The amount of responsibility laid upon legisla-
tures, however, varies widely, the degree of discretion being
measured, as stated above, by the extent to which laws are
brought under revision by popular vote. Those states which
meet in the Landesgemcinde and those employing Obligatory
Referendum may be classed together, for in both cases all
laws of a general nature are ratified by the people. Where
Optional Referendum obtains, the legislature has more lati-
tude, since its work may rest as a finality, provided no one
thinks best to agitate for a popular vote. Certain definite
fields of legislation are prescribed for the representative
bodies, within which they are the source of law until notified to
the contrary. Much of their work will stand as enacted, but
always with the tacit consent of their constituents. Hence the
ultimate source of law in every canton, except one, is the
people, not in a distant, theoretical way, but in a practical
and direct manner.

The legislatures diifer much in outward construction and
scope of action, but in principle are alike. They are councils
for the preparation of business for the larger assembly of the
people. They are uniformly bodies of one chamber, unlike
the federal legislature ; but the state legislature was in exist-
ence centuries before the present confederation was formed.
The mediaeval city council was the ancestor of the modern
state assembly, and it is easy to see how one could be trans-
formed into the other. The government of large commercial
states like Bern and Zurich was, in the middle ages, city

' In a majority of cantons called the " Grand Council," Grosser Rath,
or Grand Conseil ; in a few, LandraUi, in others, Kantonsrath.

116 State and Federal Government in Switzerland.

government, for the rural portions of those commonwealths
were considered subject to the fortified centres, and it was a
long time before persons living in the country or in the vil-
lages could claim equality in citizenship. To-day the dis-
tinctions are abolished, but traces of the old framework still
remain.

The members of legislatures are elected by districts by
direct popular vote, in varying proportions to population.
It is not intended, however, that delegates shall be simply
ambassadors of their districts, for they must not take binding
instructions from their constituents, but consider themselves
representatives of the whole state. Freedom of opinion, con-
sequently, and liberty of judgment to legislators are fully pro-
vided for.

The varying proportions of delegates to population offer
interesting studies in representation. In all the states the
ratios are large, as compared with countries of greater area ;
yet it is a curious fact that in most of the cantons which are
governed by the Landesgemeinde the legislatures are larger, in
proportion to number of inhabitants, than the assemblies of
less democratic governments. In Uri there is one delegate
for every four hundred inhabitants, in Nidwalden and Inte-
rior Appenzell one to two hundred and fifty, in Obwalden as
many as one to one hundi'ed and eighty-seven. It would
seem as if the people were not content to go up once a year
and make laws in person, but must also send a good-sized
minority of the citizens to the legislature to keep the machin-
ery of state moving during the interval. This procedure is
doubtless due to the fact that at best the states are small,
and even with the large ratio the legislatures do not become
large assemblies. In Obwalden the number of members is
about eighty, and in other democracies between fifty and sixty.
The small number of inhabitants permits a large representa-
tion, without causing the legislatures to actually become as
numerous as in the more populous cantons.

The following tables will show the condition of representa-

State Legislation.

117

tion in the legislature of each canton, the figures standing for
the number of

500

Zurich,

Bern, .

Luzern,

Uri, . .

Schwyz, .

Obwalden,

Nidwalden,

Glarus,

Zug, . .

Freiburg,

Solothurn,

Basel-City,

Basel-Land,

inhabitants to each delegate :
. .1200 Schaffhausen,

250 voters,

2000 Appenzell, Exterior,

1000 Appenzell, Interior,

400 St. Gallen, . . .

600 Graubiinden, . .

187 Aargau, ....

250 Thurgau,

333 circa.

250 Ticino.i

1200 Vaud, 1000

800 Valais, 1000

567 Neuchatel, .... 1000

800 Geneva, 666

2000
250
1200
1300
1100

1000

We are apt to think that we, in the United States, are liv-
ing under a highly representative, if we do not call it a
democratic system of government; but when we examine into
the amount for which one citizen stands in making the laws
which govern him, we seem to be a long way from the ideal.
In the American legislatures the number of members of the
lower house does not exceed one to 1100^ inhabitants, in
one-third of the states it is one to more than 15,000,^^ and in
one case falls to one in 39,000.^

The qualifications for election to the Swiss legislatures are
usually the same as those governing the right to vote, namely,
the completion of the twentieth year and full possession of
civil rights. In a few cantons the age of twenty-five years
must be first attained before entering the state assembly. The
terms of office vary in the different cantons from one year to

' In process of revision.
"New Hampshire, 1134.

3 Iowa and Michigan, 16,000; Illinois, 20,000; Pennsylvania, 21,000;
Ohio, 29,000, etc.
"New York, 39,000 or more.

118 State and Federal Government in Switzerland.

six, but are usually fixed at three or four, with no hindrance
to re-election. Deputies receive ordinarily a small payment
out of the state treasury^ for their services, in some states
three francs for each day of attendance, in others as high as
six. It cannot be said that the pecuniary inducements of
political life are great. The number of sessions held annually
varies all the way from one to six, but in a majority of states
the legislature meets but twice a year. Frequency does not
seem to be regulated by form of government, for the rural
state of Obwalden and the city of Basel are alike in having
six sessions a year, and Appenzell Interior and Luzern both
agree to have three.

Legislatures, within constitutional limits, are masters of
their own time and establish their own methods of organiza-
tion. They are judges of the qualification of their members,
adjourn from time to time upon their own motion, and can-
not be dissolved by any other department of government.
We observe in this latter fact that the state assemblies, not-
withstanding some confusion of functions, are not parlia-
ments after the plan of the legislature of England, for they
meet at stated intervals independently of any call or dismissal
by the cabinet; the period of service not being indefinite, but
distinctly terminable, and the life of the legislature measured
by the constitution, not by the exigencies of politics. An
apparent exception to this fixity of tenure is the provision
found in a few cantons for dismissing a legislature by popu-
lar vote. If a certain number of voters^ petition for it, the
question must be submitted to the people whether or not the
assembly shall be recalled and a new one elected, and in case
the recall is affirmed the functions of the legislature cease.
This, however, is " an appeal to the country " from the
country itself, not an executive dissolution.

^In Zug, a member of the legislature is paid by the community which
sends him. Zug, Const., Art. 46.

2 Bern, 8000; Basel-land, 1500; Solothurn, 4000; Aargau, 5000;
Schaffhausen, 1000 ; Thurgau, 5000,

State Legislation. 119

The functions of the Grand Council partake of the nature
of all three departments of government, legislative, adminis-
trative, and judicial. In the democratic cantons the legis-
lation will naturally be of minor importance, because the
Landesgemeinde undertakes the more weighty matters, and
supervision of the executive will be a large part of the work.
The constitution of Uri calls the Landrath " the representative
law-making and highest administrative body,"' and the list
of duties prescribed will serve as an example of that class of
states. This house of representatives has for its objects: the
preparation of the order of business for the Landesgemeinde
and the subsequent approval of the minutes of that meeting ;
the previous discussion of laws and petitions before they are
submitted to the popular assembly ; the interpretation of
the acts of the Landesgemeinde in case there is doubt as to
their meaning ; to speak as the voice of the canton on ques-
tions submitted to the federal Referendum ; the issue of ordi-
nances necessary to execute the federal and state laws ; ordi-
nances regulating civil and criminal procedure, and regu-
lations for the organization of the administrative and judicial
departments ; conclusion of treaties and agreements ; super-
vision of the whole cantonal administration ; especially,
auditing of accounts and budget estimates ; decision of con-
flicts between the executive and the judiciary ; examination
of petitions and applications for pardon ; regulation of sala-
ries and payment of officials elected by the legislature itself;
regulation of fees to be paid to the state ; election of a large
number of subordinate officials in the various departments,
chiefly on recommendation of the state executive council
( Regierungsn^ath).

This catalogue of duties will also describe in general terms
the functions of the legislature in the states employiug the
Obligatory Referendum. The Grand Council is in reality a
supervisory committee, taking a hand in all the various

'Art. 54.

120 State and Federal Government in Switzerland.

operations of government, preparing matters for the larger
assembly below it, and keeping an eye on the smaller com-
mittee above it. In the cantons where Optional Referendum
is in vogue, the legislature will have the power to spend
money below a specified limit ; to enact laws of specified
kmds, usually not of general application ; and to elect more
important officials, the amount of discretion rising gradually
till the complete representative government is reached.

In Luzern, where the Referendum is optional, the legislature
has discretionary power to expend money to the amount of
200,000 francs, or not to exceed 20,000 francs for a series of
years ; all sums above that point are liable to be called up
for popular vote. In Schalfliausen the limit is 150,000
francs, and in Zug, a still smaller canton, it is but 40,000. In
the states having obligatory Referendum there is usually also
a limit withiu which the Grand Council may spend money
without further ratification, even when all general laws must
be submitted to vote. In Vaud the popular approval must
be obtained for a loan exceeding one million francs; in
Valais the Referendum is obligatory for financial matters only,
and for an expenditure of 60,000 francs. Thus an endless
variety exists in the prerogative of state legislatures, making
it impossible to present an exact average statement of their
functions. Sufficient has been said, however, to show that
the Grand Council is, on the whole, a body which prepares
and examines legislation for the people, rather than an
authority to legislate in place of the people. In almost every
state the people have retained the final decision on matters of
great importance.

The one republic, Freiburg, resembles in general outline
the American state more than it does the neighboring cantons.
After enumerating the duties of the legislature in a manner
similar to that given earlier in this chapter, the constitution
of Freiburg states finally, " it exercises all parts of the right
of sovereignty which are not expressly given to some other
authority by the state constitution." Executive and judicial

State Legislation. 121

powers are ascribed to separate bodies in the state, but both
of these are elected by the legislature. The Council of State,
or cabinet, is the creation of the Grand Council, and holds
office for an equal length of time.' The judges of the
Kantonsgericht, or state supreme court, are likewise dependent
on the legislature and responsible to it for the administra-
tion of justice. Hence, although not acting through the
same persons in all departments of government, the Grand
Council is in fact the controlling power in all spheres of
sovereignty. There is no appeal to popular vote except on
the adoption or revision of the constitution.

In all the states there is more or less participation in the
preparation and application of law, by the executive and
judicial departments. The consideration of the popular vote
is deferred to later chapters.

' Five years.

CHAPTER XIII.

Referendum and Initiative.

To the general outline of these institutions already given,
a few remarks on their origin may be added, with certain
details which show by what means they are put in operation.
A popular vote under the name Referendum was known in
the valleys of Graubiinden and Wall is as early as the 16th
century. Here existed small federations of communities who
regulated certain matters of general concern by means of
assemblies of delegates from each village. These conventions
were not allowed to decide upon any important measure
finally, but must refer the matter to the various constituencies.
If a majority of these approved, the act might be passed at
the next assembly. This primitive system lasted till the
French invasion of 1798, and was again established in
Graubiinden in 1815. The word Referendum was also used
by the old federal diets, in which there were likewise no
comprehensive powers of legislation. If not already in-
structed the delegates must vote ad referendum and carry all
questions to the home government.

The institution as now known is a product of this century.
It originated in the canton of St. Gallen in 1830, where at
the. time the constitution was undergoing revision. As a
compromise between the party which strove for pure
democracy and that desiring representative government, it
was provided that all laws should be submitted to popular
vote if a respectable number of voters so demanded. Known
at first by the name Veto, this system slowly found its way
into several of the German-speaking cantons, so that soon
after the adoption of the federal constitution five were em-

Referendum and Initiative. 123

ploying the optional Referendum. Other forms of popular
legislation were destined to find wider acceptance, but at
present in eight states, including three of the Romance
tongue, laws must be submitted on request.^ The statutes
thus subject to inspection, as stated before, are usually
enactments of general application. In some cases those
requiring urgency are excepted, in others, no exception is
made and any law may be called up.

The usual limit of time during which the petition must be
signed is thirty days. These requests are directed to the
Executive Council of the state, and that body is obliged,
within a similar period after receiving the same, to appoint a
day for the vote. The number of signers required varies
from 500 in the little canton Zug to 6000 in St. Gallen, or
from one-tenth to one-fifth of all the voters. Some states
provide that in connection with the vote on the bill as a
whole, an expression may be taken on separate points. Cus-
tom varies as to the number of votes required to veto a law.
Some fix the minimum at a majority of those taking part in
the election, and others at a majority of all citizens, whether
voting or not. In case the vote is against the bill, the matter
is referred by the Executive Council to the legislature. This
body, after examining into the correctness of the returns,
passes a resolution declaring its own act to be void.

By means of the Initiative or Imperative Petition, the
order of legislation just described is reversed, since the
impulse to make law is received from below instead of
above.~ The method of procedure is about as follows :
Those who are interested in the passage of a new law pre-
pare either a full draft of such a bill or a petition containing
the points desired to be covered, with the reasons for its

' Basel City, Schaffhausen, St. Gallen, Luzeru, Zug, Neuchatel, Geneva,
Tieino.

* Objection may perhaps be made to this apf)lication of the terms
"above "and " below " in contrasting legislature and people. In some
American States the order might well be reversed.

124 State and Federal Government in Switzerland.

enactment, and then bring the matter before the public for
tlie purpose of obtaining signatures. Endorsement may be
given either by actually signing the petition or by verbal
assent to it. The latter form of consent is indicated either
in the town meetings of the communes, or by appearing before
the official in charge of the petition and openly asking that
his vote be given for it. If, in the various town meetings
of the canton taken together, a stated number of affirmative
votes are given for the petition, the effect is the same as if
the names of voters had been signed. When the signature
method is adopted, all those who desire to endorse the petition
are required to go to the office of the person in charge of the
bill. This is always a public officer, either the head man of
the town or some precinct official specially designated. Here
signers must prove their right to vote as in any other elec-
tion. No fees are to be drawn from voters for witnessing
their signatures. The number of names required is about
the same in proportion to the whole body of voters as for the
Optional Referendum.

The requisite number of signatures having been procured,
the petition is carried to the legislature of the canton. This
body must take the matter into cousideration within a speci-
fied time (Solothurn, two months), and prepare a completed
draft in accordance with the request. It may also at the
same time present an alternate proposition which expresses
its own ideas of the matter, so that voters may take their
choice. In any case the legislature gives an opinion on the
project, as to its desirability or propriety,' and the public has
thus a report of its own select committee for guidance. The
bill is then submitted to the voters, and on receiving the
assent of a majority, and having been promulgated by the
executive authority, becomes a law of the land.

From what has been stated above, it will be observed that
the relation of the people to the regulations under which they
live is well expressed in a clause of the constitution of Ziirich,^

' Art. 28.

Referendum and Initiative. 126

" The people exercise the law-making power with the assist-
ance of the state legislature." Whether appearing in person
or by deputy, the individual voter is the ultimate source
of legislation. He may leave certain matters to the discre-
tion of representatives, but retains a control over their action
not usually found. In the United States it is regarded as a
principle of common law that a power once delegated cannot
be re-delegated, and that a legislature cannot shift its respon-
sibility back upon the people by referring a subject to popular
vote, a vote thus taken being simply an expression of opinion
for information, not a legislative act.

In Switzerland, however, the Imperative Petition ap-
proaches very closely to an act of legislation. The signatures
are not haphazard collections of names, but are taken after
official inspection of the qualifications of the signers. Atten-
tion to the preliminary request is obligatory, and the final
popular vote leaves no discretion to the legislature; it must
simply carry the will of the people into effect. This is a
nearer approach to theoretical democracy than has been
exhibited by any other government of like extent, for the
American states adopt only their constitutions by such
plebiscites. Rousseau's ideal of democratic government was
the people assembled in person at the central point of the
state, making and unmaking its own laws ; but he feared that
his native country was too rough and the climate too rigorous
to see that fully carried out. Yet, by the operation of the
petition and the veto, Rousseau's dream is more than fulfilled,
since every citizen may participate in making laws of the
gravest import, without leaving his own precinct.

Laws being thus easily changed, the distinctions between
fundamental and statute law are often lost sight of in forming
the constitutions^ — a mistake not confined to Switzerland.
Since it is, however, a fixed principle of the federal constitu-
tion that the constitutions of the cantons shall be open to

' Many of these documents are very long and detailed.

126 State and Federal Government in Switzerland.

revision at any time, the results are not the same as in the
United States, where a long limit of time is sometimes fixed
before a new constitution can be adopted, and fundamental
legislation becomes outgrown and unnecessarily difficult to
set aside.

Revision of the constitution is accomplished by the same
instrumentalities as are used to change other laws. Amend-
ments may come as suggestions from the legislature, or
where Initiative obtains, at the instance of popular agitation.
In cases where total revision is wanted, the legislature of
its own accord, or on petition of a given number of voters,
submits first the question whether the constitution shall be
revised or not, and, if revision be affirmed, whether it shall
be done by the legislature itself or by a constitutional con-
vention. If it is placed in the hands of the legislature, a new
assembly is usually elected, in order to get the freshest repre-
sentation of the people, and if a constitutional convention is
preferred, this body is chosen on the same basis. The work
of either constituent body must be accepted by a majority of
voters before taking effect.

The Referendum in America.

It is a matter well worth consideration whether or not
some form of Referendum is applicable to the process of legis-
lation in the United States. One of the most obvious facts in
the history of American state constitutions is the change of
opinion which has taken place in the people respecting the
relative importance of the various branches of power into
which their governments were divided. At first the legis-
lature was all-powerful; not only enacting the laws, but
generally also electing the governor and the high officials of
the judiciary. As Madison said in the convention of 1787,
there was " a tendency in our governments to throw all
power into the legislative vortex. The executives of the
states are little more than ciphers ; the legislatures are

Referendum and Initiative. 127

omnipotent." This fear of an overbearing executive, engen-
dered by colonial experience, was carried over into many of
the newer states as they were admitted, and, notwithstanding
the warnings of the revolutionary statesmen, the concentra-
tion of powers in one branch of government for a time con-
tinued. This resulted not only in the expected preponder-
ance of tlie representatives of the people, but also in an un-
expected multiplication of laws, with coincident loss of
control over the lawmakers. To check the progress of ill-
timed or bad legislation, the states began to give to the
governor the power of veto, which was already at hand in
the federal constitution, and to prevent the great surplus of
legislation, limits began to be set to the time in which the
assemblies should wield their delegated powers, and the
periods of recurrence fixed at such distances apart as should
reduce the possibility of making laws to a minimum. The
executive is now on the way to complete possession of the
veto power, and the legislature, notwithstanding the large
number of honest men in it, has become the contempt, if not
the biennial terror of its own constituents. In fact, in order
to reduce the possibilities of law-making to a supposed point
of safety, the people have taken to enacting a large part of
their statutes themselves in their constitutions, and, as a
result, those instruments present a curious mixture of funda-
mental and administrative provisions, all demanding the
stability and reverence due to organic law, much to the
neglect of logic and of proper political growth. In other
words, the people have taken back into their own hands, but
after a clumsy fashion, many of the powers once given to
their representatives.

When we consider the tendencies of constitution-making in
this country and the ])rinciples which underlie these attempts
at improvement, it would seem as though valuable hints
might be found in the experiences of the Swiss. The Ameri-
can states are undoubtedly taking more power out of the
hands of their legislatures, first by enacting a large part of

128 8tate and Federal Government in Switzerland.

general legislation themselves when adopting the constitu-
tions, and second, by providing the governor with tlie
power to delay and perhaps defeat the passage of laws by the
veto. But what is the veto ? Theoretically, the governor is
an executor of law, not a lawmaker ; hence this veto is a
legislative function thrust upon his office as an artificial
appendage. He is supposed to utter the protest of the
people, whose creature he is, against the action of their other
representatives. But if we are thus obliged to have two
mouthpieces for the body-politic, neither of which always
expresses the mind of the public, why not let the people
speak for themselves ?

This would not be a brand-new institution to be grafted
upon existing systems, for we are already familiar with the
popular vote on fundamental law, and strictly local matters
are continually being settled by the voice of towns and coun-
ties, but a large body of legislation intermediate between
these classes is submitted either not at all or only at those
distant intervals when the mongrel codes called constitutions
are adopted. If statutes of general application were regularly
submitted to popular vote, the constitution could be restricted
to proper organic law, which would insure for it that greater
stability and respect, which are now so often damaged by the
frequent revisions needed to correct the special legislation
involved. Laws which are contrary to public sentiment, but
which under the present system must be endured till another,
or perhaps many assemblies have been elected, could be set
aside before taking effect, while measures to which obedience
is assured by vote of the majority would be given greater
stability and protection from meddling, by the seal of popular
approval. It may be urged that this exhibits a lack of faith
in representatives, who must thus work without the ambition
of trusted agents, but the fear and distrust of legislatures
could not well go further than it now exists, even if you
restrict it to fear of honest blundering, and the fear of con-
stituents is the chronic misery of legislators. The popular

Referendum and Initiative. 129

vote would give to the people a certain confidence in its own
power, and to the representative a means of solving definitely
the puzzle upon which he now ventures so many guesses.

For a country which calls itself democratic, the people of
the United States have less to say about their own affairs
than they are apt to imagine. As stated once before, the
largest proportion of representatives to inhabitants in any
state in the Union is one to 1100, while in one-third of them
the ratio is less than one to 15,000, and in one case there is
but one representative for 39,000 souls. So long as this
continues, the popular voice cannot be said to have super-
abundant means of expression. Switzerland, with all its
refinements of village democracy, is, on the average, repre-
sented in its legislatures by a delegate for every 944 inhabi-
tants. Our legislatures are large enough, but the means of
voicing public sentiment inadequate, especially when we
consider that within these assemblies, the time, place, form
and substance of legislation are practically determined by a
few men in committee, and within these wheels much local
law-making is enacted by the member from the district in
question, with the consent of the majority.

It would be rash to say that we ought to adopt the Swiss
methods without modification, or that they would be appli-
cable to all parts in the present state of the Union, but they
are worthy of careful consideration. Their use of the Petition
is particularly instructive and capable of wide application.
It has been repeatedly proved that in this country one can
get a petition signed by any number of people on any subject
whatever, and amusing instances are recorded where absurd
requests have been numerously signed by persons who knew
nothing whatever as to what they had subscribed. Perhaps
such documents deserve the oblivion thev meet in legislative
halls. Some do, while others, which really express the
earnest desires of good citizens, must suffer on account of the
cheapness of the rest. If state law, however, required that
when a petition, signed by a sufficient number of qualified

130 State and Federal Government in Switzerland.

voters, whose signatures had been attested by a notary or
clerk of court, is placed before the legislature, it must be con-
sidered and a bill submitted to popular vote within a given
limit, at least two good effects would appear. First, the
petitioners, if required to take the trouble to go to one spot
in their precincts to subscribe, would be more certain to know
what they were about, and knowing, also, the sure and
definite effect of their act, would be more cautious in giving
the weight of their names. Second, the time limit, reinforced,
if not rendered unnecessary by the new importance which
would belong to petitions thus made by the deliberate action
of voters, would furnish a remedy for legislative shirking
and for suppression of bills in committee. The responsibility
could not be tossed about from one side to the other.

Such petitions should reach a legislature through some
standing office of the state, either the Secretary of State, or
some bureau established by the Assembly for the purpose, and
not depend on the whims, or even the good wishes, of any
member for the time of their presentation. Requests could
then appear without that aroma of party which excites oppo-
sition to the best of bills, and at least part of the lobbying now
deemed necessary to the introduction of all measures would
be rendered unnecessary. AVithout including any further
obligation, it might add to the effect of petitions to Congress
to insist on having the signatures attested.

As to the results of these institutions, it may be said, in
general, that the people of Switzerland have shown them-
selves worthy of the confidence they have placed in them-
selves. Mistakes have been made, but often these mistakes
have been remedied by the same methods later on, while all
the advancement in constitutional law, from the chaos before
1848 down to the present strong federal government, has
been made with the consent of the popular voice. Doubtless
mistakes would be made in this country, but the risk could
not be greater than at present, and, with all the experience
already passed through in the making of constitutions and

Referendum and Initiative. 131

the practice of local government, it would seem as if this
additional power could be used, not only with safety, but
with good effect. There would still be enough left for legis-
latures to do in the minor matters of regular recurrence.
The previous discussion of general laws would still need
their direction, but, when the people have taken to themselves
the final decision on matters of importance, they will have
removed many opportunities for speculation, and obtained for
the state more of the reality, in place of the appearance of
democracy.

CHAPTER XIV.

State Executive and Judiciary.

The chief executive power of the cantons of Switzerland is
uniformly intrusted to a committee of officials, known by
various titles, but, in a majority of cases, called the Council
of State.^ In a little more than half of the states this body
is elected by popular vote; in the democratic cantons, of
course, by show of hands ; in the others, usually on a single
ticket.^ Where these methods do not obtain, the Council
is chosen by the legislature. The number of members
varies from five to thirteen, not necessarily according to the
size of the canton, but according to the political tastes of the
different sections. The term of office is in some states one
year, in others five; the usual limit, however, being three or
four.

The functions of the Council of State are, primarily, the
administration of the laws as enacted by the peo])le or by the
representative legislature, but there are also duties which are
something more than executive. The Council is expected to
guard well the interests of the state in its relations with
other cantons and foreign powers, to preserve order and
public safety witliin, to watch over the moral and material
welfare of citizens, and, in general, to carry out the decrees
of the legislature or people. This negative, ministerial char-
acter, however, is not all. The Council also takes initiative
in the political and legislative activity of the state. It lays

1 Designations used are : Hegierungsrath, Conseil d'Etat, Consiglio di
Slato, Standebhommission, Kleiner Rath, Landammann und Rath.

'^In Baselland, however, members of the cabinet are elected by districts,
in the same way that delegates to the Federal House of Representatives
are chosen.

State Executive and Judiciary. 133

before the lawmaking body the financial necessities of each
year and reports on the annual receipts and expenditures, as
do executive boards under all forms of government ; but in
Switzerland the Executive Council may also propose laws
other than fiscal, and with an effect, not merely suggestive,
but active. The Council of State is supposed to be on
the lookout continually for new political developments, and
to project new measures to suit the necessities of the times.
Although the right to propose laws belongs to any member
of the legislature, or, perhaps, to any citizen, this is, above
all, the privilege of the executive cabinet, which has charge of
the administration of existing statutes. Hence we find that
members of the Councils of State may attend the sittings of
the legislatures and may address those bodies on questions
coming before them, though generally without the right to
vote,^ or to be at the same time members of the legislative
branch.

The Executive Council is called upon, under certain cir-
cumstances, not only to suggest, but also to interpret and
apply laws already enacted ; in other words, the cabinet
becomes at times a judicial body, to which cases are carried
for decision. For instance, the Begierungsrat/i in Aargau
has a general supervision of town administration, and
becomes a court of appeal when questions of community
taxation and finance are brought into dispute.^ The consti-
tution of Solothurn makes it a duty of the cabinet to decide,
so far as they may come within its competence, all appeals,
petitions and complaints; with the added injunction that in
all decisions on appeals the reasons for judgment must be
given.^ The questions which are thus loft to the chief ex-
ecutive council are, in any of the states, chiefly of an
administrative character, yet they give a certain com])lexity
to tliis branch of government, which is particularly notice-

^ " Mit berathender Stimine."
'^Aargau, Staatsverfassung, Art. 39, 1.
'Art. 38, §4.

134 State and Federal Government in Switzerland.

able in the institutions of Switzerland, and which will give
reason for a brief discussion of the mixture of powers later on.

In some of the cantons a discretionary power to expend
money within fixed limits is left to the Executive Council,
without regard to the legislature. The appointment of cer-
tain minor officials is also usually a cabinet duty, sometimes
specifically named, sometimes under a constitutional clause
which makes the Council the residuary legatee of all appoint-
ing powers not granted to any other branch of government.
Along with the administration of state affairs, there is,
finally, a general supervision of districts and communities.
The canton executive does not confine its care to large can-
tonal matters alone, but concerns itself with local adminis-
tration as well. This duty, however, is undertaken merely
by way of supervision, not by dictation or interference, as
we shall observe when we come to study community life
more in detail.

For the better management of business the work of the
Council is usually divided into departments, as in the federal
cabinet, with one councillor at the head of each division ;
but, also as in the case of the national executive, the state
cabinet acts as a unit, not by the divided authority of its
members. Nor does any one man hold the executive power
of a state in his single hand. Administration is vested in
a committee; for this committee a chairman is always chosen,
but he is not the chief executive to whom all the others are
responsible. His title in the German cantons is frequently
Landammann; in Luzern, Schultheiss; in the French and in
many of the German states he is called President, but in all
these cases the full designation is " President of the Council
of State," not " President of Geneva," etc., as one might be
led to think from American analogies.

The Landammann, or President, is selected either by the
state legislature or by the Council itself, the term of office
usually being limited to one year at a time. A Vice-Presi-
dent or StatlhaUer is elected at the same time, and the provi-

State Executive and Judiciary. 135

sion frequently made that the outgoing President cannot be
made Vice-President during the following year, nor shall
the same person be Vice-President for two years in suc-
cession. During his term the President is the highest
representative of the state; he speaks in the name of the
state, but in power does not quite reach the position of the
Governor in the United States. The latter is an independ-
ent branch of government, for, although he does not appoint
the other chief officers of state and these may not be under
his direction, he is not bound by the decrees of a cabinet.
The governor has a veto power over legislation, which in
Switzerland is found neither in any single officer, nor even
in any executive board.

The point of contact between the executive and legislative
branches of government is quite opposite to that usually
found in the states of the American republic. Instead of being
the mute servant of the lawmaking power until bills have
been enacted and are about to be put into operation, the
cabinet proposes new measures in advance. This is also the
privilege of our governor, but his suggestions have little
more weight than those of an influential newspaper, while
the Swiss executive councils may go upon the floor of the
legislature and explain and defend their proposals while in
the process of enactment. Standing at the head of affairs,
the cabinet observes the m- orkings of existing machinery, and
can suggest improvements with better understanding than is
possible to persons at a greater distance. This guiding force
is recognized and accepted, and party ideas, instead of
floundering about under uncertain leadership, find expres-
sion through spokesmen who are both appointed by popular
will and are conspicuously responsible. Yet, like the Fed-
eral Council, the executive boards in the states are not party
cabinets in the ordinary parliamentary sense; they do not
retire from office upon the rejection of their measures. The
Council is chosen for a definite term of years, and at the end
of that time the question comes up as to whether that par-

136 State and Federal Government in Switzerland.

ticular body of men have fitly represented the party or policy
then dominant.

For the better administration of internal affairs nearly all
the cantons are divided into districts/ over which are placed
officials who represent the state government and are variously
known as Prefects, Bezirksammdnnei^, Oberamtmdnner , Amts-
statthalter, or Bezirksstatthalter. In the greater number of
cases these officials are elected by popular vote, although in a
few instances they are appointed by legislature, or even by
the Council of State. Whatever the mode of appointment,
the district officer is the agent of the central government in
the territory over which he is placed. In a small way he is
the governor of a group of towns, carrying out the laws en-
acted by the legislature and enforcing the ordinances of the
Executive Council. In some cases the prefect is assisted by
a district council, which discusses the affairs of their pro-
vince, much in the same way that county commissioners
govern in the United States. This Bezirksrath is, however,
advisory to the Bezirksaiiimami, rather than a body to which
he looks for commands, for he is responsible chiefly to the
state government. The supervision of the district council
extends, in some cases, to the subject of wardship and care
of orphans, matters which in America are more properly
referred to a distinct probate court.

The term of office for district governors corresponds in
length to that of other canton officials, varying from one to
five years, with re-eligibility. To illustrate the duties more
particularly we may quote the instructions found in the con-
stitution of Aargau.^

" The following duties are laid upon the Bezirksamt :

*In the German states called Bezirk, Kreis, or Ami ; in the Romance
cantons, district, cercle, circolo. In several states of small territory the
District is dispensed with, the stat^ government dealing directly with the
community. This is the case in Zug, Baselstadt, Schaffhausen, Appenzell
Exterior, and Geneva.

*Art. 43.

State Executive and Judiciary. 137

a. It attends to the execution of the laws, the ordinances
and orders of the Council of State, the execution of judg-
ments of court, as well as all other duties laid upon it by law
in civil matters.

b. It attends to the preservation of public order and safety.

c. It attends to all duties laid upon it in connection with
the criminal law.

d. It is highest guardianship court of the district, and has
supervisory authority over the administration of communi-
ties and their domains.

e. It has supervision over officials subordinate to it."
These subordinate officers include, beside minor function-
aries connected with the district itself, the head men of vil-
lages. The state administration does not appoint separate
officers to carry out general laws to the smallest detail, but
makes use of the machinery of government already existing
for other uses. The mayors of towns are, for the most part,
local officials, but when mandates of the state are to be car-
ried out in their locality, they act as agents of the central
administration. For instance, we may imagine the an-
nouncement of a general election to start from the council
table of the Regierunqsrath, to proceed from there to the
Bezirksammann, thence to the Gemeinde President, or mayor,
who causes it to be proclaimed or posted for the information
of all citizens of his community. Reports on administration
would follow this course in reverse order.

In Schwyz the government of the district assumes almost
the form of a democratic state. It will be remembered that
in this canton before 1798 the Landesgenieiyide was the source
of all authority, but was afterward given up. That insti-
tution, however, seems to have descended to the district, and
now there are six folk-motes instead of one. " Every Bczlrk
has a Bezirhsgemeinde" consisting of all male citizens who
have reached their majority. The constitution of this meet-
ing resembles closely those found in the larger states. " The
Bezirkagemcinde assembles ordinarily once a year on the first

138 State and Federal Government in Switzerland.

Sunday in May ; extraordinarily, whenever called together
by the district council, or whenever one-fifth of the voters
demand." It is the duty of this assembly to elect a share of
the judges of the cantonal court, and a complete set of district
officials, namely, the Bezirhsammann and his deputy, the dis-
trict treasurer, members of the district council, judges and
alternates for the district court, a district secretary and a
constable. The Bezirhsgemeinde is, in a small way, a district
legislature, for it levies taxes, approves expenditures and
makes binding agreements ; the officers elected by it act
under its authority in district matters, and under the
authority of the canton in general affairs.^

This is an exceptional development of district government,
the ordinary form not employing more machinery than that
first described. There will be observed, however, all through
the various systems an intimate connection between local and
general authorities. Along with the utmost freedom in the
election of town and district officers there exists a general
administrative supervision, which keeps the smallest hamlet
in contact with the state government. The cantonal authori-
ties may not dictate to town and district councils how in
detail they shall manage their respective affairs, but they can
enforce the general laws which regulate local government.
For instance, in some states a community may not alienate
a large amount of its domains without the consent of the
Council of State. It is of importance that public property
be regulated according to one general system ; a community
might vote its domains away to a railroad, or burden them
injudiciously with debt, hence local action needs cabinet
approval to see that the interests of the state are not preju-
diced. This might at first sight be regarded as paternalism,
and the term would be justifiable did these acts occur under
a monarchical form of government, but we must consider that
even the Council of State is a democratic body, in the
majority of states coming directly from the people; that the

1 Constitution of Schwyz, Art. 78-90.

State Executive and Judiciary. 139

district authorities and all under them are likewise imme-
diate creations of the citizens, and that this administrative
inspection is only a slight interference with a local autonomy
hardly to be equaled outside of Switzerland.

The Judiciary.

The administration of justice is regulated by the various
states without reference to each other or to the confederation,
except that regard is paid to those general principles of fair
hearing which are guaranteed by the articles of union.
Nevertheless a similarity exists between the systems of all
the cantons, and, although the course of litigation may vary,
and the tribunals bear different names, a careful provision for
legal redress is characteristic of all. Each state has practi-
cally an independent judicial system of its own, for the Fed-
eral Supreme Court is not regularly a tribunal of ap])eal from
the lower courts of the cantons. That is to say, it is not in
strict organic connection with all the states in common, nor
an outgrowth of the inferior judicial systems; for, although
controversies between private parties are carried before the
federal tribunal, they do not ascend by a graded avenue
from tlie courts of the cantons.^ The Bundesgcricht deals with
controversies between states, or states and individuals, and
with a few selected cases between private persons or corpora-
tions; hence we may expect the beginning and the end of
legal proceedings in the larger number of cases to be found
within the borders of the state.

General principles observed in the organization of all the
systems are that criminal matters shall be considered by sepa-
rate courts from those devoted to civil controversies, and that
small matters shall not be carried to the higher tribunals.^ It
is also largely true that all cases must begin at the bottom of
the series of courts before going higher; hence we are inter-
ested in all the degrees of competency because of the impor-

'See Chapter VI., on the competence of the Ban(le<gericht.
'Separate Commercial Tribunals and Courts of Conflict are occasion-
ally found.

140 State and Federal Government in Switzerland.

tance of the first. The person at the foot of the judicial
ladder bears the same title as his contemporary in America,
but his duties resemble those of his prototype of France. This
is the Justice of the Peace.^ He is called in many of the
German cantons the Vermiltler, mediator, because his duties
are to effect, if possible, a settlement between the parties
before proceeding to trial. Hence the right kind of a Jus-
tice can be an exceedingly useful citizen, and by his tact and
good judgment may not only promote peace and good-will in
society, but acquire wide personal influence in his commu-
nity. In order that there may be an opportunity for recon-
ciliation, a number of the cantons provide that every case
must first be heard by the Justice, though in others this
court may be waived by consent of the parties. If he fails as
an arbitrator, he sits as a magistrate, and as such, determines
finally all suits involving only small amounts, and punishes
small misdemeanors. The Justice's court is a widespread
institution, for, except in Geneva and Baselstadt, every com-
munity or small district possesses one of these peacemakers.
There are also in some places small courts of more than one
member, Untergerichten, existing, perhaps, side by side with
the Justice of the Peace. In Appenzell Exterior, for instance,
this tribunal is called the Dorfgericht, village court, and con-
sists of three members who meet once a month, decide all
cases involving less than one hundred francs, and punish
small offenses.

For civil cases of greater importance, the District, which
we have just been considering from the administrative stand-
point, becomes also the territorial basis for a tribunal of
justice. This court is known as the BezirJcsgericht, Amtsgericht,
or by whatever name the district is designated, and consists
of a bench of judges, from five to seven in number, elected
usually by popular vote for terms of about four years.^ Of

^ Juge de Paix, Frietlensrichter.

^ The terms vary in the different states from one to eight years, but the
greater number have three, four or six.

State Executive and Judiciary. 141

these judges one is made president of the court, directs the
work of his colleagues, and has himself an individual juris-
diction over certain police matters and small suits which
might come before a justice of the peace. Above this court
stands the Kantonsgericht as a forum of last resort within the
state. This also is a plural tribunal, the number of judges
varying from seven to thirteen, and the length of term from
one to eight years. Besides hearing appeals from the lower
courts, the Cantonal Court exercises a certain supervision
over the administration of justice throughout the whole
canton, and in many states makes an annual report to the
legislature on the condition of that branch of government.
It is a distinction worthy of notice that the superior court is
usually elected by the legislature, while the district tribunal
is chosen by popular vote.

Criminal matters are not brought before the civil courts,
but special tribunals are provided for each district.^ Ap-
peals, however, after the facts have been established in the
lower court, are carried to the same cantonal court, where
usually a committee or chamber of judges act as a criminal
court of last resort. Juries are employed in the lower crim-
inal courts in some of the states, but they do not bear the
familiar American and English aspect; they resemble those
of France. Trial before a body of your peers is customary
only for crime, not for the settlement of civil disputes, and
the number of men in a panel is apt to be six or nine oftener
than twelve. The functions of the Grand Jury, as found in
English and American practice, are performed by special
" courts of instruction," or by committees of one or more
judges of the higher courts acting as such. This ju^e
d'instruction informs the public prosecutor, Staatsanwalt, of
the criminal matters which should be tried, and the latter
conducts the cases for the state according to regulations
which vary in different cantons.

' Except for small misdemeanors and police offenses, which are pun-
ished by magistrates.

142 State and Federal Government in Switzerland.

At first sight there seems to be a lack of that popular ele-
ment which, under the jury system for all classes of trials,
civil as well as criminal, seems to bring the administration
of justice out of the realm of books into that of everyday life
and common sense. When more closely considered, however,
it becomes apparent that the courts of Switzerland are in
reality strongly democratic institutions. When you begin to
count you find that the lower courts contain, ordinarily,
about half as many judges as there are members of an Eng-
lish jury; that they are elected by popular vote every few
years, and thus do not get out of touch with common feeling;
having, moreover, an advantage in legal training and forensic
experience which the average jury may never hope to obtain.
These are distinct improvements in the settlement of civil
questions. Judicial offices share with others the o])position
to life tenure, the people being unwilling to surrender the
opportunity to recall a public servant, even though willing
to keep him in service. Practice is, however, better than
precept in Switzerland, for judges do not change as frequently
as it might appear.

The position of the state judiciary in respect to the inter-
pretation of the constitutionality of law is similar to that
established for the Federal Tribunal. Contrary to the prac-
tice of American courts, the Swiss cantonal tribunal does not
try the acts of legislature. No court can set aside a statute
because of disagreement with the state constitution, because
the legislature is regarded as the final authority upon its own
act. The advisability of this principle was commented upon
in connection with federal legislation,^ so that no further
expression of opinion is necessary, except to observe that in
the state the facilities for changing law are even greater than
in the confederation, it being possible to remodel the consti-
tution on demand, and by a process occupying but a few
months at most. Hence it would seem that popular rights

' Chapter VI.

State Executive and Judiciary. 143

would be better served if the interpretation of law were taken
out of the hands of the assembly and left to a tribunal which
is accustomed to weigh well the meaning and intent of words.

The Public Service in General.

In more than half of the state constitutions a prominent
place is given to the statement that " the legislative, the
executive and the judicial powers are, as such, to be kept
separate." Sometimes the expression is more emphatic, but
the fulfilment of the law is everywhere equally peculiar. So
far as the persons who serve the state are concerned, the sepa-
ration of departments is, to a large degree, consistently
carried out; judges do not act as administrators, nor are
legislators apt to carry out their own decrees ; but we have
seen how frequently the executive department, as such, takes
a hand in the formulation of law, and how the legislature
often elects the administrative and judicial officers, and per-
sistently inquires into their conduct whether it elects them
or not. The legislature is also in certain cases a court of
law, and the Executive Council likewise a forum for admin-
istrative disputes, if for no other. No average statement can
be given as to the amount of separation of powers, or as to
the extent to which they assist each other in the various
states. We can, however, see that these inconsistencies are,
for the most part, in favor of, rather than against good gov-
ernment. We may demur at the mixing of legislative and
judicial functions in the same body, but must admit the use-
fulness of the work of the administration in the formulation
of law. It would have, perhaps, been better not to put so
broad a statement in the constitutions, and to have stated
definitely where the lines should not cross.

Another Swiss view of this question of "incompatibility "
is also rather striking to the foreigner, namely, the prejudice
against the admission of relatives to the same councils or
boards of authority. It is somewhat amusing to find that
by fundamental law no father and son or son-in-law, no

144 State and Federal Government in Switzerland.

brothers or brothers-in-law, no uncle and nephew, nor even,
in some cases, more distant relatives, shall be elected at the
same time to the executive council of the state or to the vil-
lage board of aldermen. The historical reasons for this
sentiment were discussed in the chapters on Federal Govern-
ment, and may be regarded here also as a survival for which
there is probably at present little reason. There was a time
when such prohibitions were vitally necessary.

Of the public service of the states, it may be said, in gen-
eral, that it is well performed. Owing to the short intervals
at which officials must submit to re-election, such a thing as a
bureaucracy is almost impossible. Yet, although thus main-
taining a popular control of conduct, the continuous election
of faithful servants is the rule. Rotation is apt to take place
in the higher administrative offices, and in the lower, long-
continued service. The salaries paid are small, and members
of many local boards must serve gratis, receiving their satis-
faction in the esteem of their fellow-citizens. In many states,
acceptance of certain offices, usually local, is obligatory. For
instance, the constitution of Luzern^ states that citizens are,
as a rule, bound to accept those offices which are filled by
direct popular election, the duty, however, being limited to
one term of service, and exceptions made for age and dis-
ability. " Compulsory service," says the Local Government
Act of Zurich, " is maintained principally for the benefit of
the smaller communities, which, without this means, would
find it impossible to fill their offices acceptably."^ Respon-
sibility for the conduct of office is provided for, in the first
place, by taking oath on entering upon its duties, and, second,
by liability to suit for damages. This liability is shared by
the state when it accepts the action of the official as its own.

' Art. 13.

^ Gesetz betreffend das Gemeindewesen, 27 Juni, 1875. Art. 214 (p. 78. )

CHAPTEE XV.

State and Local Finance.

It would be difficult to make any general statement
regarding the financial administration of the Swiss can-
tons and communities which would prove true in all cases.
So manifold are the methods employed and so various are the
ideas of the functions of the state, that a view of the whole sub-
ject could be gained only by giving a full description of the
financial situation of each canton and village ; but it must
suffice here to describe a few of these, and to point out certain
principles and tendencies which have more or less general
applicability.

As in the United States, there is a division of the burden
of taxation and of management of expenditure between the
federal, the state and the local governments, but the relations
of state and local finance differ from the usual American
system, in that there is no territorial division having financial
functions between the canton and the village. Bezirk, or Dis-
trict, has no independent powers of taxation, nor public funds,
as in the case of the county in the United States. The state
and its smallest units divide between themselves the respon-
sibilities of public finance. Their spheres are by no means
sharply defined. Sometimes the canton and the confedera-
tion join hands in the support of an institution or public
work, as for instance the Polytechnic School at Zurich; some-
times the confederation and the community share the burden,
as in the maintenance of a military parade-ground; and again

146 State and Federal Government in Switzerland.

the' canton assists the towns, as in the matter of public roads
and pauperism.^

The sources of public income are equally various and
complex. While the same items may appear as resources in
many or all of the states, the beneficiaries may be widely dif-
ferent. As in the case of water privileges, or hunting and
fishing licenses, sometimes the income accrues to the state
and sometimes to the community. So that general inferences
as to the results of a given class of taxes would be difficult
to draw. Common sources of revenue, however, found in
some form in almost every canton, are, 1. State propert}^,
domains or funds. 2. Royalties and monopolies, 3. Mis-
cellaneous indirect taxes, licenses, stamp-duties, fees and
fines. 4. Direct taxation of property and income.

Domains may consist of forests, cultivated lands, or city
property, and are of importance both in state and local
finance. The income from such resources is sometimes by
way of rents, sometimes indirectly as a public utility ; some-
times in communities, as an addition to the private comfort
of citizens, by furnishing free fire-wood and pasture. His-
torically speaking, the domains are the basis of public
property in Switzerland, for in the beginning the Mark, or
common land, was the sum and substance of state and village
economy; later on, other sources of revenue, tolls, privi-
leges, or tributes, created surpluses which became cantonal
funds. In the Middle Ages, flourishing cities, like Ztirich
and Bern, not only gained sufficient revenue to pay current
expenses, but piled up huge treasures, and enlarged their
territories by purchase, and the forfeiture of loans, but, under
the regime of the Helvetic Republic and during the supre-
macy of Napoleon much of the ready cash was swept away
and the states were obliged to begin their accumulation again.
At present the combined Staatsvermugen, or public fortune,
domains and funds together, of every canton is a consider-

^Orelli, Staatsrecht, 117.

State and Local Finance. 147

able factor in its financial system. The total amount of
state property in the whole confederation, omitting federal
funds, is estimated to be over four hundred millions of
francs. Beside this there are, especially in the northern
cantons, many special funds, administered for public or
charitable purposes, which in reality should be considered
available resources in the general economy of the states. In
Schaffhausen these amount to ten millions of francs, and in
Zurich exceed twenty millions.^

Among monopolies, the spirit industry stands foremost in
respect to the extent of its application and magnitude of finan-
cial results. This has been sufficiently described in connec-
tion with Federal Finance, but it must be kept in mind that
notwithstanding the centralized system of administration it
is essentially a state revenue, and in each canton a most
important financial factor. Now that the expenses of assum-
ing the monopoly and the various indemnifications have been
provided for, the income from the liquor industry will prob-
ably grow larger and larger.

The sale of salt is a government monopoly in every state
in the confederation, whether the production be domestic or
foreign. The manufacture is in all cases undertaken by
private companies, but distribution is carried out by the
state. The general principle upon which this monopoly
rests is, that all mining operations are Staats7'egalien, privi-
leges of the sovereign, and subject to royalty. In earlier
days one or two states operated salt mines and wells on their
own account, but these were afterwards assumed by com-
panies, and now the actual mining is in all cases performed
by private enterprise under state charters or concessions.
Only three cantons, Aargau, Baselland and Vaud, have
within their own territory salt-bearing wells of any account,
the natural formation of other regions not being suitable.
Hence the monopoly is a different matter in the various parts

> Volkswirthschafts-Lexikon, II. 174. See Table, Part III.

148 State and Federal Government in Switzerland.

of the country ; states having no wells standing in quite
another economic relation to the subject from that occupied
by producing cantons.

The original cost of salt naturally makes a difference in the
revenues derived from the sale, and various prices might con-
sequently be expected to rule in different states; but the chief
causes of variance are the different ideas of the duty of the
state toward the salt-consuming public. In some states the
matter is viewed entirely from the fiscal standpoint and as
much revenue is derived from salt as the traffic will bear ; in
others the monopoly is regarded simply as a means of cheap-
ening the commodity, while still other states expect moderate
prices and moderate revenues. Aargau, being favored by
nature with salt-formations, exacts from the manufacturers
the whole supply needed for the state, gratis, and in addition
a money payment of 45,000 francs. In other words, the com-
pany may make and sell all the salt it wishes after it has
given the government enough to supply the state demand
and a liberal cash bonus. Baselland receives one-tenth of
the production of its wells, or, if this exceeds the amount
needed for home consumption, all the salt it wants and the
balance in cash. Six of the other states draw their supplies
in part, in one case wholly, from foreign countries ; all the
rest obtain salt from the Rhine wells, so that companies of
Aargau and Baselland have nearly a monopoly of the Swiss
supply. This condition of the market is brought about by
an understanding with foreign manufacturers, according to
which the Swiss members of the ring agree not to sell in
German or French territory, provided they are let alone
in Switzerland. These agreements, however, are termi-
nable at comparatively short intervals, and the nearness
of foreign wells does not permit much unjustifiable increase
of price.

As a financial expedient, the salt monopoly is a question of
difference between cost-price to the state and selling price to
the public. To all states outside the producing cantons the

State and Local Finance. 149

price is uniformly five to six and a half francs per hundred
kilogrammes, but the selling price varies from ten to twenty
francs per hundred.-^ Where the monopoly is regarded as a
tax the prices are higher. For instance, in Bern, one of the
largest consumers, with the price fixed at 20 francs, the net
profit in 1888 was 1,024,601 francs; while in Ziirich, which
consumed about one-half as much as Bern, the profit was only
126,000 francs, or about one-eighth as much. In Bern it
amounted to a tax of 1.90 francs per inhabitant, while in
Ziirich, with the price at 10 francs, it was but 0.37, or about
one-fifth as much as in the former. In one case this profit
rises to 2.17 francs per head of the population. The salt is
distributed at wholesale from state magazines located at con-
venient intervals, while household supplies are obtained
through the ordinary channels of retail trade at a very slight
advance. The financial returns to all the states together
amounted in 1888 to about 3,760,000 francs, and the public
was doubtless on the whole further benefited by obtaining
salt cheaper than it would have done without the monopoly.

In comparison with salt, the other state monopolies are
meagre sources of income. The mineral products of Swit-
zerland are few and found only in small quantities. There
is but one coal mine in the whole confederation which is pro-
ductive of royalties. This is in Zurich, and paid in 1888 a
tax on its output of only 665 francs. A cement factory,
however, in connection with the mine yielded the state 21,484
francs in addition. The canton of Glarus is the owner of a
slate mine, but this is more of a convenience than a source
of revenue, since the net results for 1888 were but 4500
francs."^

Following the example of the confederation as wholesale
monopolist of spirituous liquors, the city of Basel has
recently^ assumed the monopoly of retail distribution. This

' Cost about 50-65 cents per 100 lbs. Selling price at wholesale varying
from $1.00 to $3.00 per 100 lbs.

• Volkswirthschafts-Lexikon, II. 157.

2 Ordinance of April 4, 1888, Volks. Lex. II. 157.

150 State and Federal Government in Switzerland.

covers the high grades of alcholic beverages, but not alcohol
for use in the arts, nor the weaker spirituous and malt
liquors, the sale of the latter being regulated by a system of
licenses. For the fine distillations there are government
stores, which are to be established according to the demand,
but shall not exceed twenty in number. These are furnished
by the cantonal finance department with liquors obtained
from the federal administration, and at a price somewhat in
advance of that paid to the confederation.^ The further
preparation of liquors for drinking purposes lies in the hands
of the storekeeper, but under official control. The dealer is
not a government officer, but gets his profit by selling at
market prices, and gives bond to the state that the place will
be properly conducted. Statistics are not at hand sufficient
to show the permanent results of this experiment, but the
attempt to carry the monopoly into the details of distribution
will be well worth study in the future, especially from the
sociological standpoint.

The list of monopolies should include state railroads, but
not enough of them exist to affect the finances of the country
to any great degree. Bern was at one time a large railway
owner, but her lines, after falling back into private hands,
have now come into possession of the confederation,^ leaving
only two small lines in Geneva and Neuchatel to represent
the state idea.

Royalties from fishing and hunting privileges are some-
times demanded by the canton, sometimes by the community,
hence their place and financial resources is somewhat difficult
to fix. Water-power, or the use of public streams for mills
and factories, is taxed in eleven cantons ; in four of these for
the benefit of the state treasury.^ The total revenue derived

1 In 1888 the profit was fixed at 12 francs per 100 kg.

- See page 87, above.

^Schollenberger, Die schweiz. Freiheitsrechte, p. 9, gives, under the
head of Handels- und Gewerbefreiheit, a summary of all taxes and restric-
tions on trade and industry in the various cantons.

State and Local • Finance. 151

from the use or taxation of natural privileges, except from
the production of salt, is but a small item in the cantonal
budget. From mining, water-power, forestry, hunting and
fishing, less than five hundred thousand francs is received in
the whole confederation.

As an item of taxation, or perhaps as a public convenience,
rather than a source of income, the subject of State Fire Insur-
ance ought to be mentioned here. In many of the cantons
government takes the place of private insurance companies,
receiving premiums and paying losses resulting from fire.
This system began in Switzerland in 1808, and nearly all of
the states which accept fire-risks adopted the idea during the
first four decades of this century. In most cases insurance
in the state company is obligatory ; all buildings above a
certain small value, except those involving extraordinary
risks, such as chemical factories, powder-mills and the like,
being subject to enrolment and taxation with the govern-
ment premium, to the exclusion of private enterprises of
the kind.

State banks are maintained in a large majority of cantons.
These are regarded both as financial enterprises and as social
conveniences for the benefit of the borrowing class. Most of
them are managed on state account, yet others are stock cor-
porations, sustained by government guaranty. There are
also many small banks, chiefly for savings deposit, which
are operated under the guarantee of the communities in which
they are situated. Banking, under the present federal consti-
tution, cannot be made a government monopoly, for the
article prohibiting the confederation from assuming the sole
right to issue bank-notes has been held to prevent also any
state from monopolizing the issue of paper money within its
own limits. Consequently the state goes into banking as a
business enterprise rather than as an exercise of its sovereign
taxing powers.

The miscellaneous taxes which are laid upon the small
transactions of life display a wide variety of principles as

152 State and Federal Government in Switzerland.

well as practical applications. The state is sometimes the
beneficiary of a given tax, sometimes the community, the
large cities being especially apt to multiply these financial
rivulets. Of those in which the state government is chiefly
concerned, the taxes upon exchanges of property are the most
productive, but are closely followed by the market and
peddling licenses. An enumeration of the various taxes of
this class would exhibit a curious mixture of sumptuary and
fiscal expedients, but would not allow us to draw any safe
general conclusions as to theu' extent or effect.

Direct Taxation.

Behind all these indirect sources of revenue stands the
power to call upon the citizens to contribute directly from
their wealth for the good of the state. Some of the old com-
munity laws used to say that if the revenues from the com-
mon lands did not suffice for schools and public purposes, the
deficit would be made up by taxation.^ Perhaps this is the
explanation of the direct contribution everywhere in Switz-
erland, but at present this so-called deficit is usually larger
than the other portion, at all events the most consjucuous in
the minds of lawmakers and taxpayers.

As to the various methods of taxation, it is to be observed
that a Property Tax exists in every canton ; that is to say,
an assessment in some form or another upon the total estate,
real and personal, may be found in all parts of Switzerland.
In a very few states there is a Land Tax [Grundsteuer, Impot
Fonder), under which the soil pays a tax fixed by exact sur-
vey and appraisement according to productivity. Income
taxes are imposed by various methods, side by side with the
property tax, in the great majority of cantons. Poll taxes
find a place in about half of the states, and the same may be
said for the tax upon inheritances. A study of the list shows

^ More recently stated in Township Laws of Ziirich, Gesetz betreffend
das- Gemeindewesen, 1875, Art. 139.

State and Local Finance. 153

that the succession tax is employed especially in those can-
tons which contain the important cities and, consequently,
the busier and wealthier populations.

Conspicuous among property and income taxes, because of
its regular and uniform recurrence, is the Military Exemp-
tion tax, of which one-half accrues to the confederation and
one-half to the state. This, however, has been sufficiently
described under the subject of Federal Finance.' Further
examination of this branch of taxation shows that in a large
number of states the ]>rogressive system of assessment has
been adopted to greater or less extent. In many cases both
income and estate are taxed progressively, while in others
property pays its simple proportion, and income is assessed
according to an increasing ratio. Zurich, Basel, Vaud and
Graubiinden exhibit characteristic developments of the pro-
gressive system ; the fundamental principles which govern
its employment, as viewed by these democracies, being well
expressed in the constitution of Zurich :^ " All persons liable
to taxation must contribute to the support of state and com-
munity in proportion to the means at their disposal. The
property and income tax is to be arranged according to
classes on the principle of moderate and just progression.
Property of small value belonging to persons unable to work,
as well as that part of all incomes which is absolutely neces-
sary to life, is exempt. The progression shall not exceed five
times the simple rate in the case of income, nor double the
simple rate in the case of property. For local purposes,
property can be assessed only proportionately."

Though not always expressed in constitutions, the other
progressive states have followed similar principles, with
variable regulations for exemption and assessment. In
Graubiinden, for instance, property-owners are divided into
eleven classes, the first including all estates from one thou-
sand up to twenty thousand francs, the others following at

' Page 74, above. '' Article 19.

154 State and Federal Government in Switzerland,

intervals of thirty thousands. The tax on the first class shall
be the first, or simple assessment ; that on the second, one-
tenth greater for every thousand, and so on upward.^ Private
properties below one thousand francs are exempt. The
income tax is laid upon all earnings above 200 francs per
year, except where the person owns taxable property and
earns less than 800 francs, and in a few other cases. The
greater the income the higher is the rate of assessment ;
receipts from all sources being brought under the law except
income from agricultural pursuits.'

It is beyond the scope of this chapter to attempt a detailed
comparison of the methods of direct taxation employed
throughout the confederation, or to explain the various
economic effects. In regard to the progressive system, it
is safe to say that it has met with the approval of the people
wherever adopted and is gradually gaining wider acceptance.
This popularity is doubtless largely due to the fact that by
this method a large number of small taxpayers can make a

' Property Classification in Graubiiaden (^Steuergesetz, 7. Sept. 1881,
Art. 3) :

Simple rate (say one franc in 1000),

plus 5I5 for each additional 1000.

First,

Second,

Third,

Fourth,

Fifth,

Sixth,

Seventh,

Eighth,

Ninth,

Tenth,

Fr. 1,000— 20,000

20,001— 50,000

50,001— 80,000

80,001—110,000

110,001—140,000

140,001—170,000

170,001—200,000

200,001—230,000

230,001—260,000

260,001—290,000

To

7

8
TT5"

Eleventh, 290,001—320,000 and over. " ^g

^ The income tax depends also on the rate fixed for the property tax. In
case the latter is fixed at one franc in 1000, the progi-ession for income is
as follows :

Class. Income. Per cent.

1. 1— 800 ^

2. 801— 1,500 ^

3. 1,501— 2,000 1

4. 2,001— 3,000. 1|

5. 3,001— 4,000 2

6. 4,001— 5,000 2^

Class. Income. Per cent.

7. 5,001— 5,500 3

8. 5,501— 6,000 3J

9. 6,001— 6,500 4

10. 6,501— 7,000 ^

11. 7,001—12,000 5

12. 12,001 and over 5^

State and Local Finance. 155

minority of rich men bear the greater part of the load. There
is, however, a principle of justice in the idea that the wealthy
man ought to contribute, not only in proportion to his goods,
but in increasing proportion as he becomes wealthier, and the
experiments tried in Switzerland have tended to equalize the
burden and to begin to break down the divisions between
the classes ; but no system of taxation has yet been invented
which works perfectly, nor is there one which satisfies both
government and people. Swiss finances suffer from a disease
not unknown in America, namely, undervaluation, or, plainly
spoken, tax-dodging. The principle of self-taxation, or the
listing of property by the taxpayer himself, is vigorously
insisted upon, as if it were a natural right of man ; but,
although the detection of fraud and punishment of obstinacy
are placed in the hands of tax commissioners, the temptations
to under -assessment are too great. Consequently, in many
places rates are high, and in reality the pressure of taxation
is heavy. This is especially true of the great industrial
centres, where much more public money is expended than in
the agricultural states. Hence there is more or less casting
about for new financial expedients of an indirect kind, now
that the alcohol monopoly has proved to be fruitful. Indeed,
an eye is turned upon the federal tariff to see if that cannot
be stiffened somewhat for the benefit of the taxpayer. The
burden of direct taxation per capita of population is not
excessive, but this does not altogether reveal the weight laid
on the persons who actually contribute. Although not
arrived at a critical point, the questions of taxation are
causing earnest consideration on the part of her economists.
The support of local government is found chiefly in direct
taxation. Many communities have funds and domains, but
the income from these must be supplemented by contributions
from the pockets of the citizens. Ehiborate laws in many
cases mark out the field to be occupied by town taxation,
procedure and rates being made uniform by cantonal enact-
ment. In Zurich, for instance, no progressive tax can be

156 State and Federal Governynent in Switzerland.

laid for local purposes, and the direct tax must everywhere
be made in the proportion of one franc in the thousand of
property, one franc on every household, and one franc for
every voter. Towns and cities assist themselves further by
means of indirect taxes, other than those levied for state
purposes. Fees from public scales, slaughter-houses, baths,
hacks, water-rates, funerals, and other minor matters con-
tribute something to the general fund, but form, in propor-
tion to the direct taxes, an unimportant source of revenue.

The purposes for which public money is expended may be
sufficiently inferred from what has been said in previous
chapters concerning the functions of state government, and
from what follows in respect to local administration. Wide
differences will be found, however, in the ideas prevailing in
the various cantons as to what the duties of the state are in
the matter of public expenditure. In the quiet agricultural
states the wants of the people are fewer than in the active
industrial centres. In Schwyz the government expense in
1888-89 was 7.4 francs per capita, while in the same year in
Basel the outlay was 80 francs.^ On the whole, the expen-
ditures of Switzerland are much less than those of neighbor-
ing states. This may be ascribed in part to the lighter
military burden, in part to the fact that no monarchs and
courts must be supported, and further, to the inclinations of
the Swiss people for practical rather than ornamental matters.

^ The following comparative table of expenditures, abridged from Volks-
wirthschafts-Lexikon, is instructive when considered in connection with
the natural and commercial resources of the cantons.

State expenditures 1888-89 per capita in francs :
Zurich, 33. Freiburg, 26.4. Graubiinden, 18.4.

Bern, 40. Solothurn, 20.8. Aargau, 14.

Luzern, 12.8. Baselstadt, 80. Thurgau, 17.3.

Uri, 25.4. Baselland, 11.6. Ticino, 16.

Schwyz, 7.4. Schaflfhausen, 27.8. Vaud, 26.

Obwalden, 9.1. Appenzell, Int., 10. Valais, 11.5.

Nidwalden, 9.2. Appenzell, Ext., 8.4. Neuchatel, 26.5.

Glarus, 23.5. St. Gallen, 12. Geneva, 55.

Zug, 11.5.

CHAPTER XVI.

Community and Citizenship.

Local government in Switzerland strikes root so deeply
into the past that a brief examination into its history is
almost necessary to a proper understanding of its present ;
and once we begin to trace back the course of institutional
growth we soon discover that two lines of development have
been followed, or better, perhaps, two points of departure
have determined the direction of community evolution. In
portions of the country the old Germanic 3IarkgenossenschaJ't
was the germ which grew in time to be the community and
sometimes the state ; in other places, it was the fortified
castle.

The neighborhood association of the 3Iark was governed
by very simple laws. At the stage of development at which
we begin to study the rural hamlet in Switzerland, each
household probably possessed a home, a garden spot close by,
and a share in the cultivated fields and surrounding wood-
lands corresponding to its needs. Neither the arable land
nor the wild pasture and wood was divided into individual
shares. The fields were allotted to the families year by year,
subject to rules of cultivation established by the community;
one year spring grain, one year winter grain, and one year
fallow, in regular rotation. The woods and pastures were
not divided even so much as this, but each householder cut
as much timber as he needed, and pastured as many cattle as
he happened to have, without regarding any particular part
as his own.

Even under these simple conditions some kind of commu-
nity government would be necessary, and would gradually

158 State and Federal Government in Switzerland.

expand as population grew. The time of sowing and reap-
ing must be fixed, the time for pasturing the stubble deter-
mined, roads mended, disputes settled, and many other
matters, at first simple, but later more important and com-
plex, resolved upon.

As time passed, the ownership of cultivated fields became
fixed in private hands, but the common lands remained, as
before, the common property of the village, as even to this
day the Allmend is a feature of mauy Swiss communities.
The question as to who was a citizen and who might become
such, was not at first a serious matter. So long as there was
plenty of land there was doubtless little difficulty in provid-
ing for new settlers, either those springing from the natural
increase of population or those coming in from ovitside. But
there came a time when the citizen found that to admit new
members to the community was to appreciably decrease his
share of the common benefits, and barriers began to be
placed against admission. A price, corresponding to benefits
received, must be paid before membership in the village
could be reached, and this entrance fee became relatively very
high. Participation in the government of the commune also
depended on the question of shareholding, and those who
had been admitted by birth or by purchase to the benefits of
the common lands were alone competent to vote on village
matters.

Others were allowed to settle w^ithout full admission, but
their position was strictly subordinate. As laborers and
tradesmen such were tolerated, but they could have no share
in the revenues or privileges of the common lands nor voice
in admin stration.

Later still it came to be a custom also for settlers to pur-
chase the right to live in the community without taking
shares in the common lands or common revenues, and thus a
status of citizenship was engendered, independent of the
community proper, but giving voice in some part of its
administration. These modern Metoeci were the so-called

Community and Citizenship. 159

IIi7de7'sassen and Niedergelassenen. So the result of growth
to the old agricultural village was to superimpose through
increase of population a complex, stratified citizenship upon
what had been before a simple, almost private corporation.

The other point of departure in community development
was the fortified Burg, which grew more easily than the
country village into a municipality. About the castles of the
magnates there gathered the houses of their subordinates ;
soldiers' families, artisans, agricultural laborers and others,
until these forts became centres of towns of considerable
size. Endowed with rights of self-government and many
other privileges by kings and barons, in return for loans, or
for their allegiance in times of difficulty, they rapidly gained
in population and wealth. The inhabitants of the Burg
became the burgenses or burgers, and advanced so much
earlier to a knowledge of the rights and duties of citizenship
and of the science of government, that in time the name
came to be applied to all citizens, whether dwellers in towns
or open villages.

For the control of a walled town there must of course be
maintained a stricter discipline than for a community of
farmers. Regulations for the call of the militia, sentry duty,
fire watch, street patrol, markets, and a multitude of other
matters would need the attention of the citizen, and these
constantly increasing in extent and intricacy, would teach
perforce the art of municipal government. Hence, when we
come down to modern times and see rural communities come
out of the old agricultural condition and adopt uniform and
improved systems of administration, we find that the old
Burgs have been a long way in advance, and furnish the ideas
which are followed by their neighbors.

Although we are at this point concerned only with the
development of the community, it will be well to observe
that, as in the more sparsely settled districts, the ancient
ITarhgenossenschaft became by accretion the state, so in other
places the Burg developed first into the city and then into the

160 State and Federal Government in Switzerland.

sovereign state. Thus Bern, Ziirich and Luzern, especially
during the oligarchical period, while possessing large outly-
ing territories, were essentially city governments. Only in
modern times have these relations been adjusted.

We need not follow through the long line of changes which
have little by little overtaken the Swiss community. The
prevailing characteristic was always local independence, with
very slight interference on the part of the state. The passage
of the Helvetic Republic left very little permanent trace of
itself on community government. The cantons became for
the time departments, and the towns and communes sub-pre-
fectures, all ruled from above ; but as soon as the pressure of
France was removed, the old state of things returned. Grad-
ually, under the impulse of the new political ideas which
brought about the constitutional reforms of 1830 and later,
the modern form of community government has emerged
from the shell of the old.

The matter of citizenship, however, cannot be thus sum-
marily dismissed, if we desire to understand the present con-
ditions. Switzerland is, in some respects, unique in its regu-
lations respecting the domicile and civil capacity of its sub-
jects. First, the citizen is a member of a certain community,
no matter whether he lives in it at the time or not. Second,
he can never lose this citizenship without the consent of his
native state. Voluntary abandonment counts for nothing
unless this consent has been obtained. There is a general
citizenship of the state or confederation, distinct from local,
but it cannot exist by itself. Membership in the state depends
on membership in a community.

We are obliged to glance at the history of the country to
explain these phenomena, and, strange to say, we find these
peculiarities due largely to the methods adopted in the 16th
century to eradicate vagrancy. In other words, the tramp
question at that early day determined the citizen question of
our own time.^ During the middle ages the poor had been

1 Other complications also arose in cities from conferring citizenship
upon persons living in other places.

Community and Citizenship. 161

the care of the church. Numerous monasteries and ecclesi-
astical foundations had furnished shelter and food, sometimes
temporary, sometimes permanent, at all times indiscriminate,
for the unfortunate and the shiftless. The Reformation, how-
ever, by the secularization and abandonment of many of these
institutions, caused for a time great confusion in the matter
of poor relief, and the consequence in Switzerland was that
the country was filled with a horde of vagrants, some de-
serving, some unworthy, who gained their living at the
expense of the well-disposed. They naturally flocked to
those cantons where the cloisters were still maintained, and
these, not being in a mood to bear the double burden of both
Catholic and Protestant tramps, attempted to drive off the
latter, and, in general, to shift the pauper class from one
canton to another. This, however, led only to recrimination,
and the vagrancy question was as far from settlement as
ever. Foreign beggars also were a source of great vexation,
since they stole the bread out of the months of the Swiss
poor. In 1551 the Federal Diet took hold of the matter in
earnest, and passed a law to the effect "that every town, also
every village and parish should sustain its own poor people
according to its ability." As a means of getting rid of the
foreign vagrants it was resolved to give them no licenses to
beg, and as for the native poor, they were to be distributed
jyro rata among the states and communities.

Following the lines laid down by the Federal Diet, the
various cantons from time to time enacted laws insisting
upon local support of paupers, until it became very important
to know where a man belonged, and the question as to who
should maintain a person when he fell into poverty became
completely fused with the question of citizenship. Great
jealousy was exhibited by communities toward new arrivals.
Persons who moved from one place to another were for a
long time obliged to give bond that they would never become
a charity burden in the parish of their adojition, and when
they did reach this unfortunate condition they must return
to their town of origin, or be supported by it.

162 State and Federal Oovernment in Switzerla,nd.

These regulations passed through many phases in the
course of three centuries, the constant aim being to establish
every person in some locality which he must regard as his
"home," Hcimath. Yet notwithstanding these eiForts there
grew up a class whom no place would acknowledge as
its own — the Heimathlosen. They wandered about from
place to place, sometimes in great bands, as tinkers, or
basket-weavers, or gipsies pure and simple, until they
became in the early part of this century a matter of serious
concern to the confederation. They were, however, at last
taken hold of, the vagrants assigned to some definite commu-
nity as citizens and compelled to look there for sujsport.

But it is manifestly impossible, even if it were not unjust,
to keep people for any great length of time in one place.
Occupation and desire for improvement cause population to
constantly change. Modern industrial life demands it, and
comparatively few people live all their lives in one town.
Hence in Switzerland the mediaeval hindrances to settlement
and change of residence have been so far removed that no
good citizen can be prevented from adopting any community
whatever as his place of abode.

The federal constitution guarantees to every Swiss "the
right to settle in any place within Swiss territory if he pos-
sess a certificate of domicile (Heimathschein) or testimonial
of like import.'" In exceptional cases this certificate can be
refused to persons who have lost their civil rights through
sentence of a criminal court, and can be taken away from
persons frequently subject to conviction of crime, or who
persistently require poor relief which the community of
origin refuses to furnish. In cantons where parish poor
relief obtains it may be required that the newcomer be able
to work, and that he has not been in any continuous way
dependent on charity, but no bond or other special burden
shall be demanded, nor can he be taxed differently from other

'Art. 50.

Couimunity and Citizenship. 163

citizens. A federal law establLshes the maximum payment
for admission, which is a moderate notarial fee. Neverthe-
less the regulation holds good that the "home" canton
cannot be thus lightly changed. Unless he buys himself a
new Hciniath at considerable cost, the citizen must get his
poor relief at the town of his nativity, no matter where he
spends his days of affluence.

Hence there are to be found in every community different
classes of citizens living side by side. Biirger are those who
by nativity or by purchase have acquired the right to vote on
all matters which come under the control of the community,
and are entitled to support when reduced to poverty.^ Nieder-
gelassenen are those who have moved from other places and
have been duly accepted as citizens. These have a voice in
all matters except those touching the common lands and
poor funds, and obtain no use or dividends arising therefrom.
They exercise the rights of cantonal and federal citizenship
equally with the Burger, but have fewer privileges in the
commune. Being born in a certain village does not necessa-
rily make one a full citizen of it. The parents must have
been also full citizens. The children of Niedergelassenen,
as a rule, must remain in the same political state until they
purchase a share in the close corporation.^' In case they need
poor relief they must look to the community where their
fathers or grandfathers were citizens. Aufenthalter are per-
sons who have simply the privilege of residing in the commu-
nity without political rights.

Upon this basis, therefore, the framework of local govern-
ment has been built. Community life expresses itself in
terms of citizenship, and allowing for a multitude of varia-
tions in minor details, exhibits the following classification :

The Political Community, variously known also as the
Resident Community [Einwo liner gemeinde), Municipality, or

'Acquired in the case of women by marriage.

''In some places, residence for a long term of years entitles a Niederge-
lassener to full citizenship without purchase.

164 State and Federal Government in Switzerland.

Parish {Kirchgemeinde), but always with the political idea
uppermost, is a territorial unit which corresponds to the
American township. It is a convenient subdivision for the
exercise of suffrage and of those local rights which are
guaranteed to every citizen. Its membership includes every
qualified voter residing within its limits.

The Burger Community [Biirgergemeinde, commune bour-
geoise) is usually bounded by the same lines as the Political
Community, but includes as participants only full citizens.
These are, of course, also political citizens, if residing there,
having the additional advantages of Heimathrecht ; but many
members of the Burger community may not live in the place
at all. They may never have even seen it, but may, if they
choose, claim a voice in its administration, the duties of
which include the management of the poor funds, and fre-
quently the guardianship of orphans.

Within these same limits there is another community
which no longer has a public character as a subdivision of
the state. This is what we may call the Commons-Corpora-
tion,^ or the people who have the right to the use and man-
agement of common pastures and woods. This is now simply
a private corporation enjoying hereditary rights, and in most
places is all that remains of the original Ilarkgenossenschaft.
The Political Community is the most conspicuous unit of
civic life, but it is also the most recent. As modern indus-
trial life began to make itself felt in Switzerland, and trans-
portation and communication became more rapid and easy,
the character of population in towns changed very decidedly
from the mediaeval condition. A large part of every com-
munity came to be residents [Niedergelassenen) instead of citi-
zens. It was found that an important class would be de-
prived of political rights unless provided with some means of
local government in which they could participate. Hence
came about gradually the institution of the inhabitant, or
political community. The organization of the Bilrger Com-

' Gorporationsgemeinde.

Community and Citizenship. 165

munity remained intact within this political community, for
the benefit of those who by inheritance or purchase were
entitled to the privileges of the common lands, and for
the purpose of maintaining the fixity of poor relief. The
administration of this portion of the community included at
first all the common lands, the regulation of their use, and
the division of profits ; but as villages grew, a three-sided
conflict became more and more evident between the interests
of the old original families, the adopted full citizens, and the
political residents.

The first would find their dividends diminished by too
frequent admission of new shareholders. The larger the
place became the more evident was it that the products of
the commons should be used for public expenses, especially
poor relief, and when additions were made to the domains it
might be difficult to decide whether these were to be used for
general or private gain. Residents, on their side, would
naturally want to see the dividends expended upon as many
public interests as possible. So in quite recent times a divi-
sion has been going on between the old vested rights of the
Allmendr/enossen, or time-honored shareholders in the Mark,
and the less ancient Burger Community, which represents the
side of poor relief. It will be understood that the former are
still included in the Burger class, but the confusion of private
and public rights has been settled by a division of property.

The Marhgenossen are now as a rule simply corporations of
private citizens whose rights are recognized and guaranteed
by the constitution. The Burger Community also possesses
funds and domains, but these are destined primarily for the
support of the poor, and the rule is sometimes laid down that
there shall be no division of proceeds so long as taxes are
levied in the community for charitable purposes.

Within the commune there also exist one or more School
Communities, or School Districts. These also, within the
limits of law and constitution, are self-governing c()r])orations
on all matters relating to local education. The Parish, or

166 State and Federal Government in Switzerland.

ecclesiastical district, as a territorial division varies in extent,
sometimes including more than one political community,
sometimes forming only a part of one. This church com-
munity includes all persons of the same confession residing
in its limits, the only recognized differences in faith being
Catholic, Protestant, and Israelitish. There may be, accord-
ingly, three different Kirchgemeinde in the same place. The
Catholics may meet together to manage their own affairs as
one body, the Protestants as another, and the Hebrews as
another; no person having a vote in a communion other than
his own.

Organization of the Commune.

The highest authority in local affairs is the town-meeting,
the Gemeindeversammlung. For the Political Community this
consists of all the resident citizens, Burger and Niederge-
lassenen, who meet together on stated occasions, or at call, to
elect the village officials and to determine questions of im-
portance. Within the competence of the Political Community
lie all matters relating to local police, sanitation, fire extinc-
tion, roads, pavements, and the like. Upon such questions
the town-meeting forms resolutions, votes, and hears reports.
Into matters touching the adoption of citizens, the manage-
ment of the purely corporative domains and funds, or other
questions belonging to the full citizens, this assembly does
not enter. These are duties of the Bilrgergemeinde. But
the political or inhabitant assembly already includes the full
citizens, hence it is usually the custom for this body simply
to resolve itself into a Bilrgergemeinde by not allowing the
Niedergelassenen citizens to vote on matters which belong
exclusively to the inner circle. Still the political assembly
has by far the more important role to play. In it take place
the elections, federal, state and local ; it is the local unit of
state government and the residuary legatee of all powers not
granted to other authorities.

Its procedure is simple and highly democratic. It meets

Community and Citizenship. 167

either at the call of an executive council of its own election,
or in pursuance of adjournment, and, as a rule, on a Sunday
or holiday. Its presiding officer is sometimes the mayor,
sometimes a special chairman (Gemcindepres'ident). Care is
taken that only voters shall sit in the body of the assembly,
it being a rule in Zurich that the register of citizens shall
lie on the desk for inspection. Tellers are appointed by vote,
and must be persons who do not belong to the village council,
since that is the local cabinet which proposes measures for
consideration. Any member of the assembly may offer
motions or amendments, but usually these are brought for-
ward by the town council, or at least referred to that body
before being finally voted upon. A careful record of pro-
ceedings is kept by the town clerk.

The Gemeindcjversammlnruj of the political community
elects the principal town officials. These are the village
mayor {Gemeindeaiamann, Gcmeinde Hauptmann, Syndic,
Ifaire), the council {Gemeindeixdh, Conseil 3Iunicipal), the
town clerk, and such other minor officers as are not left to
the choice of the town council. Practice differs respecting
the election of administrative officers for the Bilrger com-
munity. Choice is given between the election of a separate
council or the turning over of Bilrgir matters to the council
of the political community. The latter method is more fre-
quently used, and care is taken that a fair representation of
full citizens is elected to the council. Thus one feature of
what might seem a complicated matter is put aside by simply
giving double functions to one body.

The parish meeting, or Kirchf/emcinde, as stated above, is
the assembly of all the members of the same confession living
within the boundaries of the community or jn'ecinct. In
Zurich the presiding officer of this assembly is the village
mayor, or, where he does not belong to the same confession,
his deputy ; but practice differs widely. In some places the
manager of church property [Kirchcnvogt) is leader of this
assembly. Plere all matters respecting the church are con-

168 State and Federal Government in Switzerland.

sidered, election of pastors, building and repair of houses of
worship, management of funds, just about as would be done
in a single church in the United States, except that the state
has a certain oversight of things, and the rights of voters and
methods of procedure are regulated and guaranteed by law
and constitution.^

The School District Assembly may include all the voters
of a community, or a village may include a number of such
districts. However this may be, the assembly, Schulgemeinde,
is a meeting of all the voters of the precinct for action upon
school matters. Here a Board of Education is elected, taxes
voted for school buildings and similar purposes, and a gen-
eral supervision exercised over all educational matters.
Sometimes the teachers are elected by this assembly.

Co m munitxj A dministration .

The Gemeindeammann^ is the chief executive officer of the
commune. He executes the decrees and ordinances of the
Communal Assembly and Council, and maintains a general
oversight of the municipal machinery. He is also the agent
of the cantonal government for the local execution of state
laws. This doubtless accounts for the fact that in Freiburg
the Syndic is appointed by the Council of State instead of by
popular election. He is often a police judge, with varying
degrees of competence, and executes decrees of courts in
matters of debt, forced sale and the like. The term of office
is usually several years, but varies widely.

The Communal Council ^ is a board associated with the mayor
in the administration of local affairs. Its duties are but in a
small degree legislative, since most matters of weight are re-
ferred to the town-meeting. Constant supervision is expected

^ The relations of church and state are discussed later on, Chapter
XVII.

^ Oemeindepresident, Syndic, Maire.
^ Qememderath, Conseil Municipal.

Community and Citizenship. 169

of the Council in all matters toucliing the maintenance of
order, sanitation, the management of domains and funds, fire
extinction, lights, pavements, as well as general oversight of
educational and religious endowments. The Council prepares
and presents to the Communal Assembly drafts of laws and
ordinances, which may have originated with the members of
the Council themselves, or have been referred to them for
opinion. They estimate the revenues and expenses of the
community, and propose each year a budget for the consider-
ation of the town-meeting. They provide for the levy and
collection of taxes, including state as well as local. In
addition to this, the Council is in many places an Orphans
Court, and attends to matters of guardianship. As a rule
the members are elected for three years or more, subject to
the laws of kinship, mentioned above in connection with the
state executive.^ Practice varies in the matter of payment
for attendance. Sometiines it is by stated salary,'^ sometimes
by fees,^ and again in other cases service is gratuitous and
cou])led with compulsory acceptance of office.

Space does not permit me to go into all the details of city
and village government, nor to point out the varieties of
officials and names by which they are designated. Enough,
perhaps, has been said to show that as much local autonomy
prevails as is compatible with inspection by the state. The
town can tax itself as much as it pleases for improvements,
and its spending powers are limited only by some such general
provision as that the existing domains shall not be sold, or
diminished in amount without the consent of the state
government.

Com])are this with the arrangement so prevalent in the
United States, under which a township must go to the state
legislature for permission to tax itself for the smallest kind
of a sum beyond a fixed constitutional limit. This limit is
usually so small as to cover only the bare necessities of
government and poor relief, and subjects all effort for public
im])rovement to the sanction of a distant assembly. The

» Page 143. 'Ticino. ^Zurich.

170 State and Federal Oovernment in Switzerland.

consent of this body is usually given through indiiFerence, or
hostility is displayed for corrupt purposes. At best it is the
perversion of independence.^

Connection with the state is maintained in most of the
cantons, not by interfering in local matters in which the
general public has no interest, but by exercising powers of
administrative inspection which bring about uniformity in
the execution of the general laws. The local mayor being
also for certain purposes a state officer, the commune is in
constant communication with the central government, and
thus becomes a member of the body politic without being
held in tutelage.

The practice of certain Romance cantons should be noted
here as indicating somewhat the different poHtical instincts
of the two sections. In the Germanic commune the final
source of power and authority is the popular assembly.
That body elects the officials, votes the taxes, undertakes
new enterprises, and supervises its administrative agents. In
Freiburg, Vaud, Neuchatel, especially in the larger com-
munes, and in the city of Geneva, an intermediate authority
is established to which many of these functions are dele-
gated. The Assemblee Generale elects a Conseil Generalc
or Conseil Communal, varying in size according to the size of

' A case occurred recently in Ohio which illustrates two curious phases
of this question : the insignificance of the amount needed, and constitu-
tional trespass upon popular rights.

At one of the county seats a public reading-room was desired, and a few
persons interested in the project urged the levy of a tax of one-tenth of one
mill ou the dollar, to raise, in all, the sum of $600 a year. The local
member of the state legislature being agreeable, a bill was immediately
passed, and before tlie citizens were aware of it, they were provided with
the means for sustaining a reading-room. Few objected to such an in-
stitution, but the matter had been done so quietly and suddenly, that the
town's people felt that they had not been consulted, and so great was
the outcry that it was deemed best to repeal the law. The act had been
passed with the best of intentions, but it shows how undemocratically we
may do things.

-See Orelli, p. 134.

Community and Citizenship. 171

the commune, to which are referred many quetions whicli
would in the German villages be laid before the whole body.
In Vaud the constitution provides that in all the town coun-
cils, general council as well as the smaller executive council,
there shall be a majority of full citizens [boun/cois)^'

The conseil generak is in reality a legislature which acts for
the people, the citizens becoming simply a body of electors.
The councils discuss and vote upon the annual budget, super-
vise the administration of the public domains and funds, the
various departments of government, construction of public
works, and in general all matters which pertain to the
interests of the commune.

In Geneva, the deliberations of the councils are sent to the
Council of State, and should not be put into execution without
the approval of the latter, especially if matters which touch upon
finance, sale or division of real estate and judicial decisions
pertaining thereto, legacies or donations for definite purposes,
opening and closing of streets, changes of alignment, or expro-
priation for public uses.^

Thus a real control is exerted from above, more evident
than in the Germanic states, where supervision does not
extend to such a degree of detail. Two advantages are
gained by this system. Where councils are employed, the
life of the community is less liable to Re directed by the
transient voters, who often form a majority of the residents.
Members of the council, elected for three or four years, even
if not full citizens, as required by law in some places, would
act less heedlessly than a larger assembly of less permanent
inhabitants.

The power of state inspection brings about a certain uni-
formity which perhaps may be lacking in German cantons.
The actions of all communities being submitted to one central

1 Vaud, 25-100, (Art. 82), Geneva 8-18.

-Const. Vaud, Art. 84.

^Droz. Inst. Civique, Appendix by Gavard, p. 38.

172 State and Federal Government in Switzerland.

authority, a likeness would necessarily follow from the super-
vision of such a court.^

These results, however, are obtained at a certain sacrifice
of freedom and originality. The Teutonic communes pre-
sent a varied picture of social life and organization, all of
which is chiefly the result of local initiative. What is done
is accomplished by self-government, with the participation of
every citizen. The French communes are by no means less
civilized, but their advancement is less a product of their
own making. They exhibit traits characteristic of their
neighbors of France; a liking for order and uniformity, and
the logical application of any established regulation,

'Orelli, Staatsrecht, 137.

CHAPTER XVII.

Church and State.

The general principles which govern the exercise of religious
worship, and the measure of freedom of conscience, which by
law prevail throughout the whole confederation, have been
briefly indicated in a previous chapter.^ The practical appli-
cation of these fundamental rules belongs, however, not to
the union, but to the states, and as it is in respect to political
institutions, so in religious matters, there is wide variety in
the form of church government and in the actual amount of
personal liberty. The relations of church and state bear
traces of the historical experiences through which they have
passed, and their present condition has been largely deter-
mined by natural characteristics of race and locality, moulded
into form by events which have occurred chiefly since the
beginning of the sixteenth century.

Previous to the great religious revolution which we call
the Reformation, the allegiance of both people and govern-
ment was unhesitatingly given to a single church, the Roman
Catholic. Government, as everywhere customary at that
period, was the sword-arm of religion in maintaining disci-
pline and in exacting material support. It was regarded as
a simple matter of course that the management of religious
affairs should be included among the duties of ordinary civil
authorities, and taxes were laid upon all for the support of a
common worship. Although the Swiss had been somewhat
independent in their relations to the Papal See, there was no
other religious authority, nor system of belief, which received
any recognition, or even toleration in that country.

^ See page 92.

174 State and Federal Government in Switzerland.

The preaching of the reformers, however, soon changed
this level condition of affairs. Certain parts of the popula-
tion adhered to the new doctrine, and, wherever the converts
Avere strong enough, they proceeded to make a place for the
new form of worship. Owing to the completeness of state-
sovereignty in the old confederation, every canton could
regulate religious affairs entirely to suit itself, and wherever
the Reformation gained a foothold this right was exercised
in its behalf. The new worship, in such cases, supplanted
the old and became the exclusive religion of state. Tolera-
tion of sects was as yet unknown, and discrimination went
so far that one canton, Appenzell, was in 1597 divided into
two parts, in one of which only Catholics, in the other only
Protestants might dwell. Much unpleasantness, even war,
grew out of this condition of things; but the states, finding
themselves about equally balanced between the two parties,
finally agreed not to combine against each other to force the
adoption of any belief. This caused more or less cessation of
hostilities across state borders, but within each canton exclu-
siveness reigned, whichever party was at the helm.

There were certain territories, however, which were not
independent, but owned and governed in common^ by part-
nerships of Catholic and Protestant states. The people of
these districts were divided in their religious convictions, and
some method of satisfying their demands and some com-
promise between the ruling cantons had to be found. It was
here that the entering-wedge of religious liberty for the whole
confederation was inserted, for, although individual liberty
was long held in abeyance, the states were obliged to recog-
nize community choice in the subject territories. There each
parish was allowed to decide for itself whether it would
worship under Catholic or Protestant forms, and the minority
must conform to the vote. The sects were thus put on an
equality, and the principle of " parity " [Paritclt), which still
plays something of a role in religious matters, took its begin-

^Oemeine Vogteien. See page 17.

CJiuroh and State. 175

ning. Outside of the territories, equality was a question for
states, not for communities. In a few cantons some local
freedom was allowed, but personal liberty and the quieting of
denominational animosity were brought about only by the
lapse of long periods of time.

Four interstate treaties, called Landfrieden, dating from
1529, 1531, 1656 and 1712, mark the slow steps of religious
liberty through all those centuries. None of these acts estab-
lished more than territorial freedom of worship. The Hel-
vetic Republic afforded a short breathing-space for unob-
structed liberty of conscience, but gave way, under the Act
of Mediation, to simple liberty of worship for Catholics and
Protestants. The Pact of 1815 failed to determine the
status of religion, except to sustain existing institutions by
guaranteeing the inviolability of monasteries and their ])rop-
erty, thereby leaving an opening for misunderstandings
which culminated in the civil war of 1847. Even the con-
stitution of 1848 recognized only the "Christian confessions,"
and guaranteed the right of domicile and of worship only to
adherents of these. It is to the revision of 1874 that we must
look for the religious rights now enjoyed by the Swiss citizen.

As of old, the regulation of worship lies within the prov-
ince of the canton, but not, as formerly, under the eye of a
nerveless confederation, but according to the directions of a
central government whose rules are few but firmly adminis-
tered. These rules affect the individual and society in gen-
eral, rather than the constitution of religious bodies. The
freedom of belief and of conscience is inviolable, choice of
worship shall not be constrained, religion shall not interfere
with marriage, nor the legitimacy of children; religious doc-
trine shall not be forced upon the young in educational
systems, and, finally, religious contention shall at least stop
at the grave, and every man be decently buried, whatever his
belief may have been. All these are uniform laws for the
confederation, but for each state there is a different system
for giving expression to the more particular religious needs

176 State and Federal Government in Switzerland.

of communities and individuals. In some parts, government
does all things, in others, more is left to private initiative;
hence it is difficult to present an exact picture of the state of
religious institutions for the whole country. Federal and
state constitutions must be studied side by side.

The two grand divisions of religious belief are the Protes-
tant and Roman Catholic Churches, the former being some-
what more numerous than the latter. In nine cantons
Catholics preponderate to such a degree that the Roman
Church is the exclusive, established religion ; in six, both
Catholic and Evangelical are supported by the state; in five
others there are three state churches, the Old Catholic being
added to the former two. In Bern, Geneva and Basel-city,
Evangelical and Old Catholic are established; in Appenzell
Exterior the Protestant Church is the sole Landeshirche ;
while Neuchatel supports an Israelitish society beside all
three of the Christian sects.^ Thus in all of the states, one
or more denominations are supported by the public treasury,
but there are also numerous independent churches supported
by the voluntary contributions of their members. In addi-
tion to congregations of Methodists, Baptists, Irvingites,
Darbyites and Swedenborgians, there is, especially in Vaud,
Neuchatel and Geneva, a considerable religious body known
as the Free Church. This latter denomination sprang from
an endeavor to gain freedom from state interference, and at
the same time maintain a stricter confession of faith. It was,
in reality, a protest within the Protestant Church, and in
Geneva and Vaud goes back to the time of the abolition of
the Helvetic Confession. In Neuchatel it was a result of the
ecclesiastical law of 1873, which made every citizen, ipso facto,
a member of the church, and abolished all theological tests
for ministers.

The Roman Catholic Church of Switzerland is governed
by the same forms and authorities that are usually found in
other countries. In most cantons the government retains

1 Orelli, Staatsrecht, 15G.

Church and State. 177

the right to confirm appointments to ecclesiastical office, and
exercises a general supervision over the management of
church affairs. The confederation is divided into five bish-
oprics, Chur, St. Gallen, Basel, Lausanne, and Sitten. At
present the canton of Ticino is outside of any recognized
episcopal jurisdiction, as the federal government refuses to
have it made a part of adjoining Italian bishoprics. This is
one of those cases, mentioned before,^ where the state en-
deavors to prevent divided allegiance in case difficulty should
arise with foreign countries. The bishopric Sitten [Sion) is
governed in ecclesiastical matters entirely by canon law, as
no state laws have as yet attempted to change the ancient
order of things.

The Old Catholics (die christkatholische Kirche der Schiveiz)
are a body of seceders who separated from the Roman Church
during the agitation caused by the proclamation of the
doctrine of Papal infallibility. They were sufficiently numer-
ous in 1873 to organize into separate churches, and soon
commanded recognition on the part of the state; in Bern,
Geneva and Basel-city, the support formerly given to Roman
Catholics being now turned over to the Old Catholic denom-
ination. One bishop stands at the head of all Old Catholics
in Switzerland, and the general interests of the sect ar<3 gov-
erned by a synod of all priests in active service, assisted by
lay delegates from the churches. A Synodal Council, con-
sisting of five laymen and four ecclesiastics, acts as chief
executive committee.

The Evangelical Church, as the established reformed body
is usually called, being independent of any foreign hierarchy,
displays the most complete forms of local and state self-
government. There is no chief person, or persons, whose
jurisdiction in religious matters extends over the whole con-
federation, or even passes over the borders of states. General
conventions upon church affairs may be called, but they are
without final authority, the ecclesiastical government of each

' See page 94.

178 State and Federal Government in Switzerland.

canton being the highest power within its own territory.
Hence we shall find in the Protestant system, the relations of
the church to the civil state most fully exemplified. The
gfineral principles upon which this relationship is based are,
first, that in purely ecclesiastical matters, such as the regula-
tion of church service, choice of hymnals, forms of liturgy,
or the instruction of candidates for confirmation, the church
authorities shall decide, sometimes with, sometimes without
the assent of the state. On the other hand, aifairs of a mixed
nature, such as the management of church property, payment
of salaries, regvilation of parish boundaries, and the like, are
ordered by the state, on the recommendation of the ecclesias-
tical authorities. But no exact statement of these relations
can well be made, for in some states the church, in others,
the civil authority preponderates.^

The central church authority in each canton is the Synod.^
This consists, in some cases, of all the ministers in the state.
Math deputies of the civil government ; in other states it is a
variable number of clergy and laity together. As a rule the
Synod meets annually to consider the prosperity and disci-
pline of the church. A central executive committee, known
by various names [Synodalkommission, Kirchenraih, etc.),
which, as representative of the general assembly of the
church, becomes the chief organ of Protestant religious life
in the states where it exists, is the power wliich prepares the
business and executes the orders of the Synod. Sometimes
this council is elected by the Synod, sometimes only in part ;
and practice varies as to giving the state authorities a place
in it. Its duties include the regulation of admission of can-
didates for the ministry, oversight of pastoral work, decision
of cases of discipline which have been appealed to them, and
in some states general supervision of church property. In a
few states an intermediate church authority is established in
the district. Only in Zurich and Vaud is this a standing
committee ; more frequently the pastors of the district act as

^ Orelli, Staatsrecht, 148. '^ In Geneva, the Consistory.

Church and State. 179

a minor assembly for the regulation of aifairs within their
territory, and suggest improvements to the state Synod.

Local religious life finds expression in the parish [Kirchge-
meinde), which, as we have seen in the study of the commu-
nity, covers a variable amount of territory according to the
number of communicants, and includes all voters within its
precincts, who belong to the same denomination. The gov-
ernment of the parish is eminently democratic. As a rule
the societies choose their own pastors, though practice varies
as to the process of nomination and as to the consent of the
civil authorities. The members also elect the church officers
and control expenditures and administration by periodical
votes and approval of accounts. These local officials, known
by diiferent names {Kirchenrath, Stillstand, Ehe-gaumer , etc.),
administer the aifairs of the society, supervise the work of
the pastor, the instruction of the young, and in general keep
an oversight of the moral condition of the parish. In some
states the church council is also the regular local board of
overseers of the poor, and channel of pauper and orphan
relief. In some cases, also, entire independence is granted
to each congregation in more spiritual matters, as in the
choice of an order of worship, hymnal, or liturgy, in others
they may choose between those sanctioned by the Synod.

Under these conditions, the pastor becomes in reality an
officer of state, drawing his salary, usually, from the cantonal
treasury, though sometimes from the parish. The support is
very modest, salaries ranging from 1000 to 4500 francs a year,
but are sometimes supplemented by the congregation. The
term of service in five states is for life, in others it varies
from three to eight years, yet there are means by which
unpleasant pastoral relations can be changed at any time for
cause. Under all circumstances, however, long periods of
continuous service are usual, the power of election being a
safeguard held more in reserve than in use. The suspen-
sion and dismissal of delinquent clergy is accomplished by
church boards and synods, under conditions which vary

180 State and Federal Government in Sioitzerland.

according to the relations of civil and ecclesiastical authori-
ties in the diiferent cantons. In Bern, dismissal can take
place only through j udgmeut of court.

Once elected, the pastor is comparatively free to teach and
preach as he thinks best. As it is in civil institutions, so
also in Protestant religious life there will be found a large
measure of local independence in spiritual matters. The
clergy are in every state expected to have had a university
training and be able to show a diploma from a theological
faculty, but the test of theological belief is limited to some
form of oath, of which the import is, that the subscriber will
observe the Bible as the highest rule of faith and practice.
In none of the established churches is the minister bound by
articles, or by an official confession of faith, other than the
oath, and in Neuchatel and Geneva even this is prohibited ;
in those states the responsibility for doctrine rests entirely
upon the conscience of the minister. "The liberty of the
conscience of the ecclesiastic is inviolable; it shall be re-
strained neither by regulations, nor by oaths, nor by engage-
ments, nor by disciplinary punishments, nor by the articles
of a creed, nor by any other measure whatever."^ "Every
pastor teaches and preaches freely upon his own responsi-
bility ; this liberty shall be restrained neither by confessions
of faith nor by forms of liturgy."' In the free churches and
self-supporting congregations of all denominations restrictions
may be imposed upon the minister, or not, as may suit the
convictions of the sect, but these do not come into a con-
sideration of the constitutional aspect of church and state.

It would be impertinent to attempt to sum up in a few
sentences the religious life of a numerous people of diversi-
fied nationalities and living under diflPerent forms of govern-
ment. It must suffice to recall to mind that in the religious
history of Switzerland we have to do with a country which
on account of its moral earnestness has always been peculi-

' Neuchatel.

'Geneva, Constitution, Art. 123 as amended 1874.

Church and State. 181

arly favored by the Roman Papacy, and at the same time has
given birth to two of the greatest movements of the Protes-
tant Reformation. Among its citizens were enrolled two of
the sublimest figures in the history of the church — Zwingli
and Calvin.

CHAPTER XVIII.
Education.

The fundamental principles upon which the school systems
of SMatzerland are built are, that the rudiments of knowledge
shall be freely given to every child, and that every child
shall be compelled to receive them. " Primary education is
compulsory, and in the public schools free," says the fed-
eral constitution,^ and, following in its wake, say also, if
not in word, in fact, the laws and constitutions of the can-
tons. Beyond this point there is no general law to which
the states feel obliged to render obedience, hence secondary
and higher education are carried on according to the ideas
and desires of the various states independently, and a wide
divergence is exhibited. Primary education is also inter-
preted differently in different states, the amount of training
due to a child being considered in some cantons far greater
than in others. Yet everywhere it is the law, that for a
certain portion of the year the child must go to school, conse-
quently schoolhouses and teachers must be provided, and the
machinery of instruction kept in motion by the same power
that made the law. It is this connection between govern-
ment and education, rather than the pedagogical or moral
result, that is intended to be brought out in this brief
summary.

The local authorities for the management of schools were
mentioned in connection with community government.^ In
every township are to be found one or more school districts
in which the highest power is the Schulffemeinde or assembly

^ Art. 27. See page 91, above. -See page 168.

Education. 183

of voters belonging to that precinct. This assembly decides
the larger questions of local school economy, and usually
elects, for nearer management and oversight, a Sehulrath or
school-board, which varies in size in different states. This
body is, almost without exception, independent of the political
government of the community, for, even where originating
as a committee of the regular town council, it manages sepa-.
rately the details of school business. The school council
occupies a position very similar to the Boards of Education
in the United States.

Except in two states^ of small area, there stands above the
local board an intermediate school authority for the district.
In Zurich this consists of a body of representatives chosen
from the town school committees and from the teaching force
of the district. St. Gallen has a similar district board ap-
pointed by the state educational commission, but usually the
district authority is an inspector, like the American county
superintendent, or may consist of several co-ordinated super-
visors whose collective duty is to see that instruction is given
according to law and on a uniform plan.

State supervision of schools prevails throughout the con-
federation, but in widely diiferent forms. In all of the can-
tons there are state boards chosen for fixed terms of office
and given various denominations, but in some of the small
democracies this body is elected by the people and is indepen-
dent of any other executive authority, except, perhaps, so
far as to render to the cabinet an annual report. In other
states there is more or less organic connection ; the cabinet
will have a representative in the state board of education, or
the executive authority will either have the final decision
upon school matters, or be called upon to approve the action
of the school council. In any event there is complete con-
nection between the lowest units and the highest powers of
state in educational affairs, and in a few cantons the state

^Appenzell Exterior and Zug.

184 State and Federal Government in Switzei-land.

associations of teachers and inspectors are assured a legal
influence upon the management of the school system.

The burden of primary education is divided between the
state and the community, but in diiferent degrees. In about
half of the cantons, most of which are predominantly agri-
cultural states, the duty falls chiefly upon the community,
•but with assurance of state assistance. On the other hand,
in Basel-city the state government is almost wholly responsi-
ble for the maintenance of schools, while in other places the
canton may bear one-half or one-fourth of the expense. The
average for the whole confederation is estimated at two-
sevenths for the canton, against five-sevenths for the commu-
nity. In most of the states, communities are obliged to
maintain permanent funds, from the increase of which the
schools are, so far as possible, to be supported. We may see
here a reason for that cantonal inspection of local govern-
ment mentioned before,^ since the state is, above all things,
interested in the education of its youth, and could not suffer
the possible greed or short-sightedness of a town to deprive
the children of proper school privileges, or throw more of the
burden upon the general public. Several states also possess
distinct cantonal educational funds. The total amount of
school property in some of the cantons is large ; in Zurich
and Bern over twenty millions of francs each, in little Zug
over one million, and according to population ranging from
nine to seventy-six francs for each inhabitant.^ The amount
of money expended throughout the whole confederation, for
primary education alone, in 1888 was over eighteen millions
of francs, or about forty francs for each pupil.'"

The period of obligatory attendance covers from six to nine
years of the child's life, beginning at the age of six or seven,*

1 See page 169.

5 Figures for 1881. Volksw. Lex. III. 35.
''Grob. Jahrbuch, 1889, p. 160?

* The school year begins in nearly all states in the spring, not in the
autumn as iu America.

Education. 185

the gradations of instruction varying greatly according to the
advancement of the educational system in the canton in ques-
tion. Frequently the school program for all grades is the
subject of elaborate state laws, and at least the minimum
amount of instruction in the elements of knowledge is made
uniform for the whole canton. The federal factory law regu-
lates the employment of child-labor in establishments of a
certain class, hence the states are assisted by that much in
getting all children into the schools, up to the age of fifteen.
The primary school leads up to higher grades which are sup-
ported by the state, but these may be classed as optional, so
far as attendance is concerned. The first step is the FoH-
bildungschuk, Ecole complementaire, in w^hich youth who have
completed their obligatory schooling may continue studies
for general culture, for special instruction needed in their future
vocation, or to bring themselves up to the legal educational
qualification for citizenship demanded by the annual exam-
ination of recruits. These schools are usually arranged to
meet evenings or Sundays, so that persons in active business
may get the benefit; their support coming in the first place
from associations, unions, or societies, with assistance from
the states ; in the case of technical Foiibildungschulen also
with assistance from the confederation, provided the state and
community give at least twice as much. In some cantons
attendance at such a school is made obligatory upon certain
classes of scholars who have not properly obtained their
primary education, or need to review for military examina-
tion.

More strictly in line with a progressive scheme of educa-
tion are the secondary and so-called " middle schools," which
take the scholar at the completion of the primary period ^ and
carry him forward three to seven years longer. Like the
high schools in the United States their object is two-fold : to
prepare the youth for practical life, and for such as desire it,
advancement to the universities and professional schools. In

' Usually about tlie age of twelve.

186 State and Federal Government in Switzerland.

this class of institutions the state calls upon the parent to bear
part of the burden of support. In two cantons^ even these
schools are free, but in all other states an annual tuition fee,
ranging from twenty to ififty francs, must be paid. Private
schools also exist through all these grades, but always subject
to state inspection.

The test of educational advancement, however, and per-
haps of social condition in general, in a given country, is the
state of higher education and the amount of support given
to universities and scientific research. In this respect
Switzerland is not behind, for beside several advanced
colleges and professional schools there are four fully equipped
universities, situated at Zurich, Bern, Basel and Geneva.
Each of these has the four faculties of theolog}^, political
science, medicine, and philosophy, and together they employ
over three hundred instructors. It is not necessary to call
attention to the reputation of the universities of Switzerland,
for that is a matter of common knowledge. The point of
interest in this connection, is the fact that they are supported
by the treasury of the states in which they are located, and
are the products of democratic government. They do not,
it is true, rival the great institutions of Berlin and Vienna,
but Zurich, for instance, stands second to few of the German
universities, and is maintained by a state which contains less
than three hundred and fifty thousand people within an area
of less than seven hundred square miles. It has been alleged
that only monarchical governments and princes are favorable
to the highest development of education, science and the arts.
It is true that in European history, monarchs, even despots,
have been largely responsible for the great institutions of
learning which have depended upon foundations for their
support, but it will also be remembered that in the beginning
universities were themselves democracies,'^ in which the

^ Basel and Zurich.

^The title by which Uri was known in the charter of the original con-
federation was " Universitas vallis Uraniae." See Part III.

Education. 187

students were everything and lecturers nothing;, as regards
government and discipline. There was, in the days when
professors as well as students were nomadic, no such thing
as an " aristocracy of letters." It has been the custom in
the United States to leave the support of higher education
chiefly to private philanthropy and to the ambitions of
religious sects. This has been due partly to utilitarian
notions as to the objects of education, partly to the fear that
state schools must be irreligious, and partly to the idea that
it was undemocratic for the state to provide educational
facilities in which all citizens could not participate. Philan-
thropy came nobly to the rescue, and governments have made
excellent beginnings in behalf of higher education and
research, but much waste of effort and division of forces
might have been avoided had the people sooner realized that
the quality of education in the whole state is determined by
the quality of that at the top, and that the state is responsi-
ble for its excellence.

Of the democracies of Switzerland, which have thus set
for themselves a high standard of instruction, Zurich is
doubtless the best example, though the cities of Bern and
Basel might not be willing to admit as much. Zurich
expended in 1888 for all grades of schools over five millions
of francs,^ being an outlay of about fifteen francs for each
inhabitant. Basel during the same time spent about twenty-
four francs per inhabitant, but supports a university with
only about one-fifth of the population of Zurich. In the
rural cantons, such as Uri, Schwyz, Unterwalden and others,
the sums expended are relatively small, amounting to three,
four or six francs per capita, while in the industrial centres
the expenditures will amount to ten, eleven or fourteen.
When we consider that the Confederation also is a supporter
of education,'^ art and science, the showing made by one
small republic is decidedly noteworthy.

iFr. 5,208,283. Grob. Jahrbuch, 1889, p. 161.
'See page 91. above.

PART III

SELECTIONS FROM THE

SOURCES OF SWISS CONSTITUTIONAL
HISTORY

1291-1891

THE FIRST FEDERAL CONSTITUTION OF
SWITZERLAND.

perpetual fCcague ot tr^t 3''arest <!Danton$r tSfll*

In the name of God. Amen. L Honor and public wel-
fare are enhanced when agreements are entered into for the
proper establishment of quiet and peace. Therefore, know
all men, that the people of the valley of Uri, the democracy
of the valley of Switz, and the community of mountaineers of
the lower valley,^ in view of the evil of the time, in order
that they may better defend themselves and their own, have
promised in good faith to assist each other, with aid, counsel
and every favor, with person and goods, within the valleys
and without, with all power and endeavor against all and
every, who may inflict u])on any one of them any violence,
molestation or injury, or may plot evil to their persons or
goods. 2. And in every event, each people has promised to
hasten to the aid of the other whenever necessary, and at their
own expense, so far as needed, in order to resist attacks of
evil-doers, and to avenge injuries. To which end they have
taken oath in person to do this without deceit, and to renew
by means of the present [agreement] the ancient oath-con-
firmed confederation." 3. Yet in such a manner that every
man, according to his rank, shall continue to yield proper
obedience to his overlord.

^Nidvvalden. Obwalden, the other part of Unterwalden, entered the
confederation later.

''Upon this clause is based the hypothesis that a confederation existed
previous to this time, perhaps as early- as 1250. No earlier document,
however, has been preserved, hence the charter of 1291 is called the First
Perpetual League {Der ewige Bund).

192 State and Federal Government in Switzerland.

4. By common agreement and by unanimous consent, we
promise, enact and ordain that in the aforesaid valleys we
will in nowise receive or accept any judge who has obtained
his office for a price, or for money in any way whatever, nor
one who is not a native or resident with us.

5. If dissension shall arise between any of the confeder-
ates, prudent men of the confederation shall come together to
settle the dispute between the parties as shall seem right to
them, and the party which rejects their judgment shall be an
enemy to the other confederates.

6. Furthermore, it is established between them that who-
ever maliciously kills another without provocation shall, if
captured, lose his life, as his nefarious crime demands, unless
he can show his own innocence in the aifair ; and if he escapes,
he shall never return. Concealers and defenders of the
aforesaid malefactors shall be banished from the valleys, until
they are expressly called back by the confederates.

7. If any one of the confederates, by day, or in the silence
of the night, maliciously attempts to injure another by fire,
he shall never be owned as a compatriot. 8. If any one pro-
tects or defends the aforesaid evil-doer, he shall render satis-
faction to the person injured. 9. Further, if any one of the
confederates robs another of his goods, or injures him in any
way, the goods of the evil-doer, if found within the valleys,
shall be seized in order that satisfaction may be given to the
party damaged, according to justice. 10. Furthermore, no
one shall seize another's goods for debt, unless he be mani-
festly his debtor or surety, and this shall only take place
with the special permission of his judge. Moreover, every
man shall obey his judge — and if necessary, himself ought to
indicate the judge within [the valley] before whom he ought
properly to appear. 11. And if any one rebels against a
verdict, and if, in consequence of this pertinacity, any one of
the confederates is injured, the whole body of confederates
are bound to compel the contumacious party to give satis-
faction.

The First Federal Constitution of Switzerland. 193

12. If war or discord shall arise among any of the confed-
erates, and one contending party refuses to accept proffered
justice or satisfaction, the confederates are bound to assist the
otheii party.

13. The regulations above written, established for the
common welfare and utility, shall, the Lord willing, endure
forever. In testimony of which, at the request of the afore-
said parties, the present instrument has been made and con-
firmed with the seals of the three democracies and valleys
aforesaid.

Done in the year of the Lord M.CC.LXXXX. primo. at
the beginning of the month of August.^ .

'Original in the archives of Schwyz. Published in Eidgenossische
Ahschieden, I. 242 ; Kopp, Urktmden zur Oeschichte der eidgenossischen
Biinde, 32 ; Bluntschli, Bundesrecht, II. 2. German translation in Oechsli,
Quellenbuch, 50.

FEDERAL CONSTITUTION OF THE SWISS
CONFEDERATION^ (of May 29, 1874).

In the Name of Almighty God.

The Swiss Confederation, desiring to confirm the alliance
of the confederates, to maintain and to promote the unity,
strength, and honor of the Swiss nation, has adopted the
Federal Constitution following :

Chapter I. General Provisions.

Article 1. The peoples of the twenty-two sovereign
cantons of Switzerland, united by this present alliance, viz :

Zurich, Bern, Luzern, Uri, Schwyz, Unterwalden (Upper
and Lower), Glarus, Zug, Freiburg, Solothurn, Basel (urban
and rural), Schaffhausen, Appenzell (the two Rhodes), St.
Gallon, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais,
Neuchatel, and Geneva, form in their entirety the Swiss
Confederation.

Art. 2. The purpose of the confederation is, to secure the
independence of the country against foreign nations, to main-
tain peace and order within, to protect the liberty and the
rights of the confederates, and to foster their common welfare.

1 "This translation of the constitution of Switzerland has been made from
the parallel French and German texts by Albert Bushnell Hart, Assistant
Professor of History in Harvard College. The copy or proofs of the
translation have been submitted to Profs. S. M. Macvane and Adolphe
Cohn of Harvard College, Prof. Bernard Moses of the University of Cali-
fornia, Prof. Woodrow "Wilson of Wesleyau University, Prof. R. Hudson
of the University of Michigan, and Dr. J. M. Vincent, Librarian of the
Department of History and Politics, Johns Hopkins University— from
all of whom helpful suggestions have been received." Reprinted, by
permission, from " Old South Leaflets," General Series, No. 18.

Fedard Constitidion of the Swiss Confederation. 195

Art. 3. The cantons are sovereign, so far as their sov-
ereignty is not limited by the federal constitution ; and, as
such, they exercise all the rights which are not delegated to
the federal government.

Art. 4. All Swiss are equal before the law. In Switzer-
land there are neither political dependents nor privileges of
place, birth, persons, or families.

Art. 5. The confederation guarantees to the cantons
their territory, their sovereignty, within the limits fixed by
Article 3, their constitutions, the liberty and rights of the
people, the constitutional rights of citizens, and the rights
and powers which the people have conferred on those in
authority.

Art. 6. The cantons are bound to ask of the confeder-
ation the guaranty of their constitutions.

This guaranty is accorded, provided :

(rt) That the constitutions contain nothing contrary to the
provisions of the federal constitution.

[b) That they assure the exercise of political rights, accord-
ing to republican forms, representative or democratic.

(c) That they have been ratified by the people, and may be
amended whenever the majority of all the citizens demand it.

Art. 7. All separate alliances and all treaties of a polit-
ical character between the cantons are forbidden.

On the other hand, the cantons have the right to make
conventions among themselves upon legislative, administra-
tive, or judicial subjects; in all cases they shall bring such
conventions to the attention of the federal officials, who are
authorized to prevent their execution if they contain any-
thing contrary to the confederation or to the rights of other
cantons. Should such not be the case, the covenanting can-
tons are authorized to require the co-operation of the federal
officials in carrying out the convention.

Art. 8. The confederation has the sole right of declaring
^var, or making peace, and of concluding alliances and treaties
with foreign powers, particularly treaties relating to tariffs
and commerce.

196 8tate and Federal Government in Switzerland.

Art. 9. By exception, the cantons preserve the right of
concluding treaties with foreign powers respecting the admin-
istration of public property and border and police inter-
course; but such treaties shall contain nothing contrary to
the confederation or to the rights of other cantons.

Art. 10. Official intercourse between cantons and foreign
governments, or their representatives, shall take place through
the Federal Council.

Nevertheless, the cantons may correspond directly with the
inferior officials and officers of a foreign state in regard to
the subjects enumerated in the preceding article.

Art. 11. No military capitulations shall be made.

Art. 12. No members of the departments of the federal
government, civil and military officials of the confederation,
or federal representatives or commissioners, shall receive
from any foreign government any pension, salary, title, gift,
or decoration.

Such persons, already in possession of pensions, titles, or
decorations, must renounce the enjoyment of pensions and
the bearing of titles and decorations during their term of
office.

Nevertheless, inferior officials may be authorized by the
Federal Council to continue in the receipt of pensions.

No decoration or title conferred by a foreign government
shall be borne in the federal army.

No officer, non-commissioned officer, or soldier shall accept
such distinction.

Art. 13. The confederation has no right to keep up a
standing army.

No canton or half-canton shall, without the permission of
the federal government, keep up a standing force of more than
three hundred men ; the mounted police \<gendarmerie\ is not
included in this number.

Art. 14. In case of differences arising between cantons,
the states shall abstain from violence and from arming them-
selves ; they shall submit to the decision to be taken upon
such differences by the confederation.

Federal Constitution of the Swiss Confederation. 197

Art. 15. In case of sudden danger of foreign attack, the
authorities of the cantons threatened shall request the aid of
other members of the confederation and shall immediately
notify the federal government; the subsequent action of the
latter shall not thereby be precluded. The cantons sum-
moned are bound to give aid. The expenses shall be borne
by the confederation.

Art. 16. Incase of internal disturbance, or if the danger
is threatened by another canton, the authorities of the canton
threatened shall give immediate notice to the Federal Council,
in order that that body may take the measures necessary,
within the limits of its power (Art. 102, §§3, 10, 11), or may
summon the Federal Assembly. In extreme cases the
authorities of the canton are authorized, while giving imme-
diate not'ce to the Federal Council, to ask the aid of other
cantons, which are bound to afford such aid.

If the executive of the canton is unable to call for aid, the
federal authority having the power may, and if the safety of
Switzerland is endangered shall, intervene without requi-
sition.

In case of federal intervention, the federal authorities shall
take care that the provisions of Article 5 be observed.

The expenses shall be borne by the canton asking aid or
occasioning federal intervention, except when the Federal
Assembly otherwise decides on account of special circum-
stances.

Art. 17. In the cases mentioned in Articles 15 and 16,
every canton is bound to afford undisturbed passage for the
troops. The troops shall immediately be placed under federal
command.

Art. 18. Every Swiss is bound to perform military
service.

Soldiers who lose their lives or suffer permanent injury to
their health in consequence of federal service, are entitled to
aid from the confederation for themselves or their families, in
case of need.

198 State and Federal Government in Switzerland.

*

Each soldier shall receive without expense his first equip-
ment, clothing, and arms. The weapon remains in the hands
of the soldier, under conditions which shall be prescribed by
federal legislation.

The confederation shall enact uniform provisions as to an
exemption tax.

Art. 19. The federal army is composed :

(a) Of the cantonal military corps.

(6) Of all Swiss who do not belong to such military corps,
but are nevertheless liable to military service.

The confederation exercises control over the army and the
material of war provided by law.

In cases of danger, the confederation has also the exclusive
and direct control of men not included in the federal army,
and of all other military resources of the cantons.

The cantons have authority over the military forces of
their territory, so far as this right is not limited by the federal
constitution or laws.

Art. 20. The laws on the organization of the army are
passed by the confederation. The enforcement of military
laws in the cantons is intrusted to the cantonal officials, within
limits which shall be fixed by federal legislation, and under
the supervision of the confederation.

Military instruction of every kind pertains to the confedera-
tion. The same applies to the arming of troops.

The furnishing and maintenance of clothing and equip-
ment is within the power of the cantons ; but the cantons
shall be credited with the expenses therefor, according to a
regulation to be established by federal legislation.

Art. 21. So far as military reasons do not prevent,
bodies of troops shall be formed out of the soldiers of the
same cantons.

The composition of these bodies of troops, the maintenance
of their effective strength, the appointment and promotion of
officers of these bodies of troops, belong to the cantons, sub-
ject to general provisions which shall be established by the
confederation.

Federal Constitution oj the Swiss Confederation. 199

Art. 22. On payment of a reasonable indemnity, the con-
federation has the right to use or acquire drill-grounds and
buildings intended for military purposes, within the cantons,
together with the appurtenances thereof.

The terms of the indemnity shall be settled by federal legis-
lation.

Art. 23. The confederation may construct at its own
expense, or may aid by subsidies, public works which concern
Switzerland or a considerable part of the country.

For this purpose it may expropriate property, on payment
of a reasonable indemnity. Further enactments upon this
matter shall be made by federal legislation?

The Federal Assembly may forbid public works which
endanger the military interests of the confederation.

Art. 24. The confederation has the right of superintend-
ence over dike and forest police in the upper mountain regions.

It may co-operate in the straightening and embankment of
torrents, as well as in the afforesting of the districts in which
they rise. It may prescribe the regulations necessary to
assure the maintenance of these works and the preservation
of existing forests.

Art. 25. The confederation has power to make legisla-
tive enactments for the regulation of the right of fishing and
hunting, particularly with a view to the preservation of the
large game in the mountains, as well as for the protection of
birds useful to agriculture and forestry.

Art. 26. Legislation upon the construction and operation
of railroads is in the province of the confederation.

Art. 27. The confederation has the right to establish, be-
sides the existing Polytechnic School, a federal university
and other institutions of higher instruction, or to subsidize
institutions of such nature.

The cantons provide for primary instruction, which shall
be sufficient, and shall be placed exclusively under the direc-
tion of the secular authority. It is compulsory and, in the
public schools, free.

200 State and Federal Government in Switzerland.

The public schools shall be such that they may be fre-
quented by the adherents of all religious sects, without any
offense to their freedom of conscience or of belief.

The confederation shall take the necessary measures against
such cantons as shall not fulfill these duties.

Art. 28. The customs are in the province of the confedera-
tion. It may levy export and import duties.

Art. 29. The collection of the federal customs shall be
regulated according to the following principles :

1. Duties on imports :

(a) Materials necessary for the manufactures aod agricul-
ture of the country shall be taxed as low as possible.
(6) It shall be the same with the necessities of life,
(c) Luxuries shall be subjected to the highest duties.
Unless there are imperative reasons to the contrary, these
principles shall be observed also in the conclusion of treaties
of commerce with foreign powers.

2. The duties on exports shall also be as low as possible.

3. The customs legislation shall include suitable provisions
for the continuance of commercial and market intercourse
across the frontier.

The above provisions do not prevent the confederation from
making temporary exceptional provisions, under extraordi-
nary circumstances.

Art. 30. The proceeds of the customs belong to the con-
federation.

The indemnity ceases, which hitherto has been paid to the
cantons for the redemption of customs, for road and bridge
tolls, customs duties, and other like dues.

By exception, and on account of their international alpine
roads, the cantons of Uri, Grisons, Ticino, and Valais receive
an annual indemnity, which, considering all the circumstances,
is fixed as follows :

Uri, 80,000 francs,
Grisons, 200,000 francs,
Ticino, 200,000 francs,
Valais, 50,000 francs.

Federal Constitution of the Swiss Confederation. 201

The cantons of Uri and Ticino shall receive in addition,
for clearing the snow fi-om the Saint Gotthard road, an annual
indemnity of 40,000 francs, so long as that road shall not be
replaced by a railroad.

Art. 31. The freedom of trade and of industry is guar-
anteed throughout the whole extent of the confederation.

The following subjects are excepted :

(a) The salt and gunpowder monopoly, the federal customs,
import duties on wines and other spirituous liquors, and other
taxes on consumption expressly permitted by the confedera-
tion, according to Article 32.

(6) The manufacture and sale of alcohol, under Article 32
(ii). [Amendment of Dec. 22, 1885.]

(c) Drinking places, and the retail trade in spirituous
liquors ; but nevertheless the cantons may by legislation
subject the business of keeping drinking places, and the
retail trade in spirituous liquors, to such restrictions as are
required for the public welfare. [Amendment of Dec. 22,
1885.]

(d) Measures of sanitary police against epidemics and
cattle diseases.

(e) Provisions in regard to the exercise of trades and
manufactures, in regard to taxes imposed thereon, and in
regard to the police of the roads.

These provisions shall not contain anything contrary to
the principle of freedom of trade and manufacture.

Art. 32. The cantons are authorized to collect the import
duties on wines and other spirituous liquors, provided in
Article 31 (a), always under the following restrictions :

(a) The collection of these import duties shall in nowise
impede transportation : commerce shall be obstructed as little
as possible, and shall not be burdened with any other dues.

(6) If the articles imported for consumption arc re-exported
from the canton, the duties paid on importation shall be
refunded, without further charges.

(c) Products of Swiss origin shall be less burdened tlian"
those of foreign countries.

202 State and Federal Government in Switzerland.

[d) The existing import duties on wines and other spirit-
uous liquors of Swiss origin shall not be increased by the
cantons which already levy them. Such duties shall not be
established upon such articles by cantons which do not at
present collect them.

(e) The laws and ordinances of the cantons on the collec-
tion of import duties shall, before their going into effect, be
submitted to the federal government for approval, in order
that it may, if necessary, cause the enforcement of the pre-
ceding provisions.

All the import duties now levied by the cantons, as well as
the similar duties levied by the communes, shall cease, with-
out indemnity, at the end of the year 1890.

Art. 32 (ii). [Amendment of Dec. 22, 1885.] The con-
federation is authorized by legislation to make regulations for
the manufacture and sale of alcohol. In this legislation,
those products which are intended for exportation, or which
have been subjected to a process excluding them from use as
a beverage, shall be subjected to no tax. Distillation of
wine, fruit, and their by-products, of gentian root, juniper
berries, and similar products, is not subject to federal legis-
lation as to manufacture or tax.

After the cessation of the import duties on spirituous
liquors, provided for in Article 32 of the constitution, the
trade in liquors not distilled shall not be subjected by the
cantons to any special taxes or to other limitations than those
necessary for protection against adulterated or noxious
beverages. Nevertheless, the powers of the cantons, defined
in Article 31, are retained over the keeping of drinking places,
and the sale at retail of quantities less than two litres.

The net proceeds resulting from taxation on the sale of
alcohol belong to the cantons in which the tax is levied.

The net proceeds to the confederation from the internal
manufacture of alcohol, and the corresponding addition to
the duty on imported alcohol, are divided among all the
cantons, in proportion to the actual population as ascertained

Federal Constitution of the Swiss Confederation. 203

from time to time by the next preceding federal census. Out
of the receipts therefrom the cantons must expend not less
than one-tenth in combating drunkenness in its causes and
effects.

Art. 33. The cantons may require proofs of competency
from those who desire to practice a liberal profession.

Provision shall be made by federal legislation by which
such persons may obtain certificates of competency, which
shall be valid throughout the confederation.

Aet. 34. The federation has power to enact uniform pro-
visions as to the labor of children in factories, and as to the
duration of labor fixed for adults therein, and as to the pro-
tection of workmen against the operation of unhealthy and
dangerous manufactures.

The transactions of emigration agents and of organizations
for insurance, not instituted by the state, are subject to federal
supervision and legislation.

Art. 34 his. [Amendment of Oct. 26, 1890.] The con-
federation will by law establish invalid and accident insur-
ance, having regard for existing invalid funds. It may
declare participation obligatory for all, or for special classes
of the population.

Art. 35. The opening of gaming houses is forbidden.
Those which now exist shall be closed Dec. 31, 1877.

The concessions which may have been granted or renewed
since the beginning of the year 1871 are declared invalid.

The confederation may also take necessary measures con-
cerning lotteries.

Art. 36. The posts and telegraphs in all Switzerland are
controlled by the confederation.

The proceeds of the posts and telegraphs belong to the
federal treasury.

The rates shall, for all parts of Switzerland, be fixed
according to the same principle and as fairly as possible.

Inviolable secrecy of letters and telegrams is guaranteed.

x\rt. 37. The confederation exercises general oversight

204 State and Federal Government in Switzerland.

over those roads and bridges in the maintenance of which it
is interested.

The sums due to the cantons mentioned in Article 30, on
account of their international alpine roads, shall be retained
by the federal government if such roads are not kept by them
in suitable condition.

Art. 38. The confederation exercises all the exclusive
rights pertaining to coinage.

It has the sole right of coining money.

It establishes the monetary system, and may enact provi-
sions, if necessary, for the rate of exchange of foreign coins.

Art. 39. The confederation has the power to make by
law general provisions for the issue and redemption of bank
notes.

But it shall not create any monopoly for the issue of bank
notes, nor make such notes a legal tender.

Art. 40. The confederation fixes the standard of weights
and measures.

The cantons, under the supervision of the confederation,
enforce the laws relating thereto.

Art. 41. The manufacture and the sale of gunpowder
throughout Switzerland pertains exclusively to the confed-
eration.

Powders used for blasting and not suitable for shooting are
not included in the monopoly.

Art. 42. The expenditures of the confederation are met
as follows :

(a) Out of the income from federal property.

(6) Out of the proceeds of the federal customs levied at the
Swiss frontier.

(c) Out of the proceeds of the posts and telegraphs.

(d) Out of the proceeds of the powder monopoly.

(e) Out of half of the gross receipts from the tax on mili-
tary exemptions levied by the cantons.

(/) Out of the contributions of the cantons, which shall
be determined by federal legislation with special reference to
their wealth and taxable resources.

Federal Constitution of the Swiss Confederation. 205

Art. 43. Every citizen of a canton is a Swiss citizen.

As such he may participate, in the place where he is domi-
ciled, in all federal elections and popular votes, after having
duly proven his qualification as a voter.

No person can exercise political rights in more than one
canton.

The Swiss settled as a citizen outside his native canton
enjoys, in the place where he is domiciled, all the rights of
the citizens of the canton, including all the rights of the
communal citizen. Participation in municipal and corporate
property, and the right to vote upon purely municipal affairs,
are excepted from such rights, unless the canton by legisla-
tion has otherwise provided.

In cantonal and communal affau-s, he gains the right to
vote after a residence of three months.

Cantonal laws relating to the right of Swiss citizens to
settle outside the cantons in which they were born, and to
vote on communal questions, are submitted for the approval
of the Federal Council.

Art. 44. No canton shall expel from its territory one of
its own citizens, nor deprive him of his rights, whether acquired
by birth or settlement [origine ou cite].

Federal legislation shall fix the conditions upon which
foreigners may be naturalized, as well as those upon which a
Swiss may give up his citizenship in order to obtain naturaliza-
tion in a foreign country.

Art. 45. Every Swiss citizen has the right to settle any-
where in Swiss territory, on condition of submitting a certifi-
cate of origin, or a similar document.

By exception, settlement may be refused to or withdrawn
from those who, in consequence of a penal conviction, are not
entitled to civil rights.

In addition, settlement may be withdrawn from those who
have been repeatedly punished for serious offenses, and also
from those who permanently come upon the charge of public
charity, and to whom their commune or canton of origin, as

206 State and Federal Government in Switzerland.

the case may be, refuses sufficient succor after they have been
officially asked to grant it.

In the cantons where the poor are relieved in their place
of residence, the permission to settle, if it relates to citizens of
the canton, may be coupled with the condition that they shall
be able to work, and that they shall not, in their former domi-
cile in the canton of origin, have permanently become a charge
on public charity.

Every expulsion on account of poverty must be approved
by the government of the canton of domicile, and previously
announced to the government of the canton of origin.

A canton in which a Swiss establishes his domicile may
not require security, nor impose any special obligations for
such establishment. In like manner the communes cannot
require from Swiss domiciled in their territory other contribu-
tions than those which they require from their own subjects.

A federal law shall establish the maximum fee to be paid
the chancery for a permit to settle.

Art. 46. Persons settled in Switzerland are, as a rule,
subjected to the jurisdiction and legislation of their domicile,
in all that pertains to their personal status and property
rights.

The confederation shall by law make the provisions neces-
sary for the application of this principle and for the preven-
tion of double taxation of a citizen.

Art. 47. A federal law shall establish the distinction
between settlement and temporary residence, and shall at the
same time make the regulations to which Swiss temporary
residents shall be subjected as to their political rights and
their civil rights.

Art. 48. A federal law shall provide for the regulation
of the expenses of the illness and burial of indigent persons
amenable to one canton, who have fallen ill or died in another
canton.

Art. 49. Freedom of conscience and belief is inviolable.

No person can be constrained to take part in a religious

Federal Constitution of the Swiss Confederation. 207

society, to attend religious instruction, to perform a religious
rite, or to incur penalties of any kind whatever on account of
religious opinion.

The person who exercises the parent's or guardian's author-
ity has the right, conformably to the principles above stated,
to regulate the religious education of children up to the age of
sixteen completed years.

The exercise of civil or political rights shall not be
abridged by any provisions or conditions whatever of an
ecclesiastical or religious kind.

No person shall, on account of a religious belief, release
himself from the accomplishment of a civil duty.

No person is bound to pay taxes of which the proceeds are
specifically appropriated to the actual expenses of the worship
of a religious body to which he does not belong. The details
of the carrying out of this principle are reserved for federal
legislation.

Art. 50. The free exercise of religious worship is guaran-
teed within the limits compatible with public order and good
morals.

The cantons and the confederation may take suitable meas-
ures for the preservation of public order and of peace betv/een
the members of different religious bodies, and also against
encroachments of ecclesiastical authorities upon the rights of
citizens and of the state.

Contests in public and private law, which arise out of the
formation or the division of religious bodies, may be brought
by appeal before the competent federal authorities.

No bishopric shall be created upon Swiss territory without
the consent of the confederation.

Art. 5 1 . The order of the Jesuits, and the societies affili-
ated with them, shall not be received into any part of Switzer-
land ; and all action in church and school is forbidden to its
members.

This prohibition may be extended also, by federal ordi-
nance, to other religious orders, the action of which is dan-
gerous to the state or disturbs the peace between sects.

208 State and Federal Oovemment in Switzerland.

Art. 52. The foundation of new convents or religious
orders, and the re-establishment of those which have been sup-
pressed, are forbidden.

Art. 53. The civil status and the keeping of records
thereof is subject to the civil authority. The confederation
shall by law enact detailed provisions upon this subject.

The control of places of burial is subject to the civil
authority. It shall take care that every deceased person may
be decently interred.

Art. 54. The right of marriage is placed under the pro-
tection of the confederation.

No limitation upon marriage shall be based upon sectarian
grounds, nor upon the poverty of either of the contractants,
nor on their conduct, nor on any other consideration of good
order.

A marriage contracted in a canton or in a foreign country,
conformably to the law which is there in force, shall be recog-
nized as valid throughout the confederation.

By marriage the wife acquires the citizenship of her hus-
band.

Children born before the marriage are made legitimate by
the subsequent marriage of their parents.

No tax upon admission or similar tax shall be levied upon
either party to a marriage.

Art. 55. The freedom of the press is guaranteed.

Nevertheless the cantons by law enact the measures neces-
sary for the suppression of abuses. Such laws are submitted
for the approval of the Federal Council.

The confederation may enact penalties for the suppression
of press oiFenses directed against it or its authorities.

Art. 56. Citizens have the right of forming associations,
provided that there be in the purpose of such associations, or
in the means which they employ, nothing unlawful or danger-
ous to the state. The cantons by law take the measures
necessary for the suppression of abuses.

Art. 57. The right of petition is guaranteed.

Federal Constitution of the Swiss Confederation. 209

Art. 58. No person shall be deprived of his constitutional
judge. Therefore no extraordinary tribunal shall be established.

Ecclesiastical jurisdiction is abolished.

Art. 59. Suits for personal claims against a solvent
debtor having a domicile in Switzerland, must be brought
before the judge of his domicile ; in consequence, his property
outside the canton in which he is domiciled may not be at-
tached in suits for personal claims.

Nevertheless, with reference to foreigners, the provisions of
international treaties shall not thereby be aifected.

Imprisonment for debt is abolished.

Art. 60. All the cantons are bound to treat the citizens
of the other confederated states like those of their own state
in legislation and in all judicial proceedings.

Art. 61. Civil judgments definitely pronounced in any
canton may be executed anywhere in Switzerland.

Art. 62. The exit duty on property [fraite foraine^ is
abolished in the interior of Switzerland, as well as the right of
redemption [droit de j'etraif] by citizens of one canton against
those of other confederated states.

Art. 63. The exit duty on property is abolished as re-
spects foreign countries, provided reciprocity be observed.

Art. 64. The confederation has power to make laws :

On legal competency.

On all legal questions relating to commerce and to trans-
actions affecting chattels (law of commercial obligations,
including commercial law and law of exchange).

On literary and artistic copyright.

On the protection of new patterns and forms, and of inven-
tions which are re])resented in models and are capable of in-
dustrial application. [Amendment of Dec. 20, 1887.]

On the legal collection of debts and on bankruptcy.

The administration of justice remains with the cantons,
save as affected by the powers of the Federal Court.

Art. 65. No death penalty shall be pronounced for a
political crime. [Amendment of June 20, 1879.]

Corporal punishment is abolished.

210 State and Federal Government in Switzerland.

Art; Q6. The confederation by law fixes the limits within
which a Swiss citizen may be deprived of his political rights.

Art. 67. The confederation by law provides for the extra-
dition of accused persons from one canton to another ; never-
theless, extradition shall not be made obligatory for political
offenses and offenses of the press.

Art. 68 . Measures are taken by federal law for the incor-
poration of persons without country {Heimathlosen), and for
the prevention of new cases of that nature.

Art. 69. Legislation concerning measures of sanitary
police against epidemic and cattle diseases, causing a common
danger, is included in the powers of the confederation.

Art. 70. The confederation has power to expel from its
territory foreigners who endanger the internal or external
safety of Switzerland.

Chapter II. Federal Authorities.

I. FEDERAL ASSEMBLY.

\^Assemblee federate ; Bundesversammlung.']

Art. 71. With the reservation of the rights of the people
and of the cantons (Articles 89 and 121), the supreme
authority of the confederation is exercised by the Federal
Assembly, which consists of two sections or councils, to wit :

(A) The National Council.

(B) The Council of States.

A. NATIONAL COUNCIL.

[^Conseil National; Nationalrath.']

Art. 72. The National Council is composed of representa-
tives of the Swiss people, chosen in the ratio of one member
for each 20,000 persons of the total population. Fractions
of upwards of 10,000 persons are reckoned as 20,000.

Every canton, and in the divided cantons every half-can-
ton, chooses at least one representative.

Federal Constitution of the Swiss Confederation. 211

Art. 73. The elections for the National Council are
direct. They are held in federal electoral districts, which
in no case shall be formed out of parts of different cantons.

Art. 74. Every Swiss who has completed twenty years of
age, and who in addition is not excluded from the rights of a
voter by the legislation of the canton in which he is domi-
ciled, has the right to vote in elections and popular votes.

Nevertheless, the confederation by law may establish
uniform regulations for the exercise of such right.

Art. 75. Every lay Swiss citizen who has the right to
vote is eligible for membership in the National Council.

Art. 76. The National Council is chosen for three years,
and entirely renewed at each general election.

Art. 77. Representatives to the Council of States, mem-
bers of the Federal Council, and officials appointed by that
Council, shall not at the same time be members of the Na-
tional Council.

Art. 78. The National Council chooses out of its own
number, for each regular or extraordinary session, a Presi-
dent and a Vice-President.

A member who has held the office of President during a
regular session is ineligible either as President or as Vice-
President at the next regular session.

The same member may not be Vice-President during two
consecutive regular sessions.

When the votes are equally divided the President has a
casting vote ; in elections he votes in the same manner as
other members.

Art. 79. The members of the National Council receive a
compensation out of the federal treasury.

B. COUNCIL OF STATES.

[^Conseil dcs Etats; Stiinderath.']

Art. 80. The Council of States consists of forty-four
representatives of the cantons. Each canton appoints two

212 State and Federal Government in Switzerland.

representatives ; in the divided cantons, each half-state
chooses one.

Art. 81. The members of the National Council and
those of the Federal Council may not be representatives in
the Council of States.

Art. 82. The Council of States chooses out of its own
number for each regular or extraordinary session a President
and a Vice-President.

Neither the President nor the A^ ice-President can be chosen
from among the representatives of the canton from which
the President has been chosen for the regular session next
preceding.

Representatives of the same canton cannot occupy the
position of Vice-President during two consecutive regular
sessions.

When the votes are equally divided the President has a
casting vote; in elections he votes in the same manner as the
other members.

Art. 83. Representatives in the Council of States receive
a compensation from the cantons.

C. POWERS OF the FEDERAL ASSEMBLY.

Art. 84. The National Council and the Council of States
consider all the subjects w'hich the present constitution places
within the competence of the confederation, and which are
not assigned to any other federal authority.

Art. 85. The subjects within the competence of the two
Councils are particularly the following :

1. Laws on the organization of and election of federal
authorities.

2. Laws and ordinances on subjects which by the consti-
tution are placed within the federal competence.

3. The salary and compensation of members of the federal
governing bodies and of the Federal Chancery ; the creation
of federal offices and the determination of salaries therefor^

Federal Constitution of the Swiss Confedei-ation. 213

4. The election of the Federal Council, of the Federal
Court, and of the Chancellor, and also of the commander-in-
chief of the federal army.

The confederation may by law assign to the Federal As-
sembly other powers of election or confirmation.

5. Alliances and treaties with foreign powers, and also
the approval of treaties made by the cantons between them-
selves or with foreign powers ; nevertheless the treaties made
by the cantons shall be brought before the Federal Assembly
only in case the Federal Council or another canton protests.

6. Measures for external safety and also for the main-
tenance of the independence and neutrality of Switzerland ;
the declaration of war and the conclusion of peace.

7. The guaranty of the constitution and of the territory
of the cantons; intervention in consequence of such guaranty ;
measures for the internal safety of Switzerland, for the main-
tenance of peace and order; amnesty and pardon.

8. Measures for the preservation of the constitution, for
carrying out the guaranty of the cantonal constitutions, and
for fulfilling federal obligations.

9. The power of controlling the federal army.

10. The determination of the annual budget, the audit of
public accounts, and federal ordinances authorizing loans.

11. The superintendence of federal administration and of
federal courts.

12. Protests against the decisions of the Federal Council
upon administrative conflicts. (Art. 113.)

13. Conflicts of jurisdiction between federal authorities.

14. The amendment of the federal constitution.

Art. 86. The two councils assemble annually in regular
session upon a day to be fixed by the standing orders.

They are convened in extra session by the Federal Council
upon the request either of one-fourth of the members of the
National Council, or of five cantons.

Art. 87. In either council a quorum is a majority of the
total number of its members.

214 State and Federal Government in Switzerland.

Art. 88. In the National Council and in the Council of
States a majority of those voting is required.

. Art. 89. Federal laws, enactments, and resolutions shall
be passed only by the agreement of the two councils.

Federal laws shall be submitted for acceptance or rejection
by the people, if the demand is made by 30,000 voters or by
eight cantons. The same principle applies to federal resolu-
tions which have a general application, and which are not of
an urgent nature.

Art. 90. The confederation shall by law establish the
forms and intervals to be observed in popular votes.

Art. 91. Members of either council vote without instruc-
tions.

Art. 92. Each council takes action separately. But in
the case of the elections specified in Article 85, §4, of par-
dons, or of deciding a conflict of jurisdiction (Art. 85, §13),
the two councils meet in joint session, under the direction
of the President of the National Council, and a decision is
made by the majority of the members of both councils
present and voting.

Art. 93. Measures may originate in either council, and
may be introduced by any of their members.

The cantons may by correspondence exercise the same
right.

Art. 94. As a rule, the sittings of the councils are public.

II. FEDERAL COUNCIL.

\Conseil federal ; Bundesrath.']

Art. 95. The supreme direction and executive authority
of the confederation is exercised by a Federal Council, com-
posed of seven members.

Art. 96. The members of the Federal Council are chosen
for three years by the councils in joint session from among
all the Swiss citizens eligible to the National Council. But
not more than one member of the Federal Council shall be
chosen from the same canton.

Federal ConMitution of the Swiss Confederation. 215

The Federal Council is chosen anew after each election of
the National Council.

Vacancies which occur in the course of the three years are
filled at the first ensuing session of the Federal Assembly, for
the remainder of the term of office.

Art. 97. The members of the Federal Council shall not,
during their term of office, occupy any other office, either in
the service of the confederation or in a canton, or follow any
other pursuit, or exercise a profession.

Art. 98. The Federal Council is presided over by the
President of the confederation. There is a Vice-President.

The President of the confederation and the Vice-President
of the Federal Council are chosen for one year by the Federal
Assembly from among the members of the council.

The retiring President shall not be chosen as President or
Vice-President for the year ensuing.

The same member shall not hold the office of Vice-Presi-
dent during two consecutive years.

Art. 99. The President of the confederation and the
other members of the Federal Council receive an annual
salary from the federal treasury.

Art. 100. A quorum of the Federal Council consists of
four members.

Art. 101. The members of the Federal Council have the
right to speak but not to vote in either house of the Federal
Assembly, and also the right to make motions on the subject
under consideration.

Art. 102. The powers and the duties of the Federal
Council, within the limits of this constitution, are particu-
larly the following :

1. It conducts federal affairs, conformably to the laws and
resolutions of the confederation.

2. It takes care that the constitution, federal laws and
ordinances, and also the provisions of federal concordats, be
observed ; upon its own initiative or upon complaint, it takes
measures necessary to cause these instruments to be observed,

216 State and Federal Government in Switzerland.

unless the consideration of redress be among the subjects
which should be brought before the Federal Court, according
to Article 113.

3. It takes care that the guaranty of the cantonal consti-
tutions be observed.

4. It introduces bills or resolutions into the .Federal
Assembly, and gives its opinion upon the proposals sub-
mitted to it by the councils or the cantons.

5. It executes the laws and resolutions of the confedera-
tion and the judgments of the Federal Court, and also the
compromises or decisions in arbitration upon disputes between
cantons.

6. It makes those appointments which are not assigned
to the Federal Assembly, Federal Court, or other authority.

7. It examines the treaties made by cantons with each
other, or with foreign powers, and approves them, if proper.
(Art. 85, §5.)

8. It watches over the external interests of the confed-
eration, particularly the maintenance of its international
relations, and is, in general, intrusted with foreign relations.

9. It watches over the external safety of Switzerland, over
the maintenance of independence and neutrality.

10. It watches over the internal safety of the confedera-
tion, over the maintenance of peace and order.

11. In cases of urgency, and when the Federal Assembly
is not in session, the Federal Council has power to raise the
necessary troops and to employ them, with the reservation
that it shall immediately summon the councils if the number
of troops exceeds two thousand men, or if they remain in
arms more than three weeks.

12. It administers the military establishment of the con-
federation, and all other branches of administration committed
to the confederation.

13. It examines such laws and ordinances of the cantons
as must be submitted for its approval; it exercises super-
vision over such departments of the cantonal administration
as are placed under its control.

Federal Constitution of the Swiss Confederation. 217

14. It administers the finances of the confederation, intro-
duces the budget, and submits accounts of receipts and ex-
penses.

15. It supervises the conduct of all the officials and em-
ployes of the federal administration.

16. It submits to the Federal Assembly at each regular
session an account of its administration and a report of the
condition of the confederation, internal as well as external, and
calls attention to the measures which it deems desirable for
the promotion of the general welfare.

It also makes special reports when the Federal Assembly
or either council requires it.

Art. 103. The business of the Federal Council is dis-
tributed by departments among its members. This distribu-
tion has the purpose only of facilitating the examination and
despatch of business; decisions emanate from the Federal
Council as a single authority.

Art. 104. The Federal Council and its departments have
power to call in experts on special subjects.

III. FEDERAL CHANCERY.

{Ghancelkrie fedcralc; Bundcshanzlei.']

Art. 105. A federal chancery, at the head of which is
placed the chancellor of the confederation, conducts the secre-
tary's business for the Federal Assembly and the Federal
Council.

The chancellor is chosen by the Federal Assembly for the
term of three years, at the same time as the Federal Council .

The chancery is under the special supervision of the Fed-
eral Council.

A federal law shall provide for the organization of the
chancery.

218 State and Federal Government in Switzerland.

IV. FEDERAL COURT.

[ Tribunal federal ; Bundesgerieht.^

Art. 106. There shall be a federal court for the adminis-
tration of justice in federal concerns.

There shall be, moreover, a jury for criminal cases.
(Art. 112.)

Art. 107. The members and alternates of the federal
court shall be chosen by the Federal Assembly, which shall
take care that all three national languages are represented
therein.

A law shall establish the organization of the federal court
and of its sections, the number of judges and alternates, their
term of office, and their salary.

Art. 108. Any Swiss citizen eligible to the National
Council may be chosen to the federal court.

The members of the Federal Assembly and of the Federal
Council, and officials appointed by those authorities, shall not
at the same time belong to the federal court.

The members of the federal court shall not, during their
term of office, occupy any other office, either in the service of
the confederation or in a canton, nor engage in any other pur-
suit, nor practice a profession.

Art. 109. The federal court organizes its own chancery
and appoints the officials thereof.

Art. 110. The federal court has j urisdiction in civil suits :

1. Between the confederation and the cantons.

2. Between the confederation on one part and corpora-
tions or individuals on the other part, when such corporations
or individuals are plaintiffs, and when the amount involved
is of a degree of importance to be determined by federal legis-
lation.

3. Between cantons.

4. Between cantons on one part and corporations or indi-
viduals on the other part, when one of the parties demands it,

Federal Constitution of the Swiss Confederation. 219

and the amount involved is of a degree of importance to be
determined by federal legislation.

In further has jurisdiction in suits concerning the status of
persons not subjects of any government {heimathlosat), and
the conflicts which arise between communes of different can-
tons respecting the right of local citizenship. [^Droit de cite.'\

Art. 111. The federal court is bound to give judgment
in other cases when both parties agree to abide by its decision,
and when the amount involved is of a degree of importance to
be determined by federal legislation.

Art. 112. The federal court, assisted by a jury to decide
upon questions of fact, has criminal jurisdiction in :

1. Cases of high treason against the confederation, of re-
bellion or violence against federal authorities.

2. Crimes and misdemeanors against the law of nations.

3. Political crimes and misdemeanors which are the cause
or the result of disturbances which occasion armed federal in-
tervention.

4. Cases against officials appointed by a' federal authority,
where such authority relegates them to the federal court.

Art. 113. The federal court further has jurisdiction :

1. Over conflicts of jurisdiction between federal authorities
on one part and cantonal authorities on the other part.

2. Disputes between cantons, when such disputes are upon
questions of public law.

3. Complaints of violation of the constitutional rights of
citizens, and complaints of individuals for the violation of
concordats or treaties.

Conflicts of administrative jurisdiction are reserved, and
are to be settled in a manner prescribed by federal legislation.

In all the fore-mentioned cases the federal court shall apply
the laws passed by the Federal Assembly and those resolu-
tions of the Assembly which have a general import. It shall
in like manner conform to treaties which shall have been
ratified by the Federal Assembly.

Art. 114. Besides the cases specified in Articles 110,

220 State and Federal Government in Switzerland.

112 and 113, the confederation may by law place other mat-
ters within the jurisdiction of the federal court; in particular,
it may give to that court powers intended to insure the
uniform application of the laws provided for in Article 64.

V. MISCELLANEOUS PROVISIONS.

Art. 115. All that relates to the location of the authori-
ties of the confederation is a subject for federal legislation.

Art. 116. The three principal languages spoken in Swit-
zerland, German, French, and Italian, are national languages
of the confederation.

Art. 117. The officials of the confederation are responsi-
ble for their conduct in office. A federal law shall enforce
this responsibility.

Chapter III. Amendment of the Federal

Constitution.

Art. 118. The federal constitution may at any time be
amended.

Art. 119. Amendment is secured through the forms re-
quired for passing federal laws.

Art. 120. When either council of the Federal Assembly
passes a resolution for amendment of the federal constitution
and the other council does not agree ; or when fifty thousand
Swiss voters demand amendment, the question whether the
federal constitution ought to be amended is, in either case,
submitted to a vote of the Swiss people, voting yes or no.

If in either case the majority of the Swiss citizens who vote
pronounce in the affirmative, there shall be a new election of
both councils for the purpose of preparing amendments.

Art. 121. The amended federal constitution shall be in
force when it has been adopted by the majority of Swiss citi-
zens who take part in the vote thereon and by a majority of
the states.

In making up a majority of the states, the vote of a half-
canton is counted as half a vote.

Federal Constitution of the Swiss Confederation. 221

The result of the popular vote in each canton is considered
to be the vote of the state.

Temporary Provisions.

Article 1. The proceeds of the posts and customs shall
be divided upon the present basis, until such time as the con-
federation shall take upon itself the military expenses up to this
time borne by the cantons.

Federal legislation shall provide, besides, that the loss which
may be occasioned to the finances of certain cantons by the
sum of the charges which result from Articles 20, 30, 36 (§2),
and 42 (e), shall fall upon such cantons only gradually, and
shall not attain its full effect till after a transition period of
some years.

Those cantons which, at the going into effect of Article 20
of the constitution, have not fuliilled the military obligations
which are imposed upon them by the former constitution, or
by federal laws, shall be bound to carry them out at their own
expense.

Art. 2. The provisions of the federal laws and of the
cantonal concordats, constitutions or cantonal laws, which are
contrary to this constitution, cease to have effect by the adop-
tion of the constitution or the publication of the laws for
which it provides.

Art. 3. The new provisions relating to the organization
and jurisdiction of the Federal Court take effect only after
the publication of federal laws thereon.

Art. 4. A delay of five years is allowed to cantons for
the establishment of free instruction in primary public educa-
tion. (Art. 27.J

Art. 5. Those persons who practice a liberal profession,
and who, before the publication of the federal law provided
for in Article 33, have obtained a certificate of competence
from a canton or a joint ^authority representing several
cantons, may pursue that profession throughout the confed-
eration.

222 State and Federal Government m Switzerland.

Art. 6. [Amendment of Dec. 22, 1885.]

If a federal law for carrying out Article 32 (ii.) be passed
before the end of 1890, the import duties levied on spirituous
liquors by the cantons and communes, according to Article
32, cease on the going into effect of such law.

If, in such case, the shares of any canton or commune, out
of the sums to be divided, are not sufficient to equal the
average annual net proceeds of the taxes they have levied on
spirituous liquors in the years 1880 to 1884 inclusive, the
cantons and communes affected shall, till the end of 1890,
receive the amount of the deficiency out of the amount which
is to be divided among the other cantons according to popu-
lation ; and the remainder only shall be divided among such
other cantons and communes, according to population.

The confederation shall further provide by law that for
such cantons or communes as may suffer financial loss through
the effect of this amendment, such loss shall not come upon
them immediately in its full extent, but gradually up to the
year 1895. The indemnities thereby made necessary shall be
previously taken out of the net proceeds designated in Article
32 (ii.), paragraph 4.

Thus resolved by the National Council to be submitted to
the popular vote of the Swiss people and of the cantons.

Bern, January 31, 1874. Ziegler, President.

ScHiESS, Secretary.

Thus resolved by the Council of States, to be submitted to
the popular vote of the Swiss people and of the cantons.

Bern, January 31, 1874. A. Kopp, President.

J. L. LuTSCHER, Secretary.

THE ALCOHOL MONOPOLY.

Bundesgesetz betreffend das geb7'annte .Wasser.^
Vu7u 23. Dezemher 1886.

Aeticle L The right to manufacture and import liquors,
the manufacture of which is hereby placed under federal con-
trol, shall belong exclusively to the confederation. Liquors
delivered by the confederation to be used for drinking shall
be sufficiently rectified and inspected. As for the supply
covered through the domestic production, the confederation
transfers to local authorities and trade the necessary delivery,
as per Article 2.

Art. 2. Nearly one-quarter of the consumption of liquors
shall be provided by contracts of delivery, which the confed-
eration will conclude with domestic producers. The deliv-
eries are to be published for acceptance by the Federal
Council, in lots of not less than 150 hectoliters and not
exceeding 1000 hectoliters of pure alcohol. Each lot will be
assigned to the party presenting the required guarantee and
making the best offer for the lot. In determining the offers
submitted, the distillation of domestic raw material and dis-
tillation by agricultural associations are to be preferred. No
bidder will receive more than one lot.

Art. 3. The importation of superior liquors may be
permitted to private persons under conditions fixed by the
Federal Council, and for a fixed monopoly fee of 80 francs
per liter one hundred gross and the import duty, regardless
of the degree of alcohol.^

' The great importance of this law from the sociological standpoint
seemed to warrant the insertion of the full text.

- By subsequent enactment a graded scale for imports has been estab-
lished, varying according to the amount of pure alcohol contained in the
liquor.

224 State and Federal Government in Switzerland.

Art 4. The confederation will deliver the liquor in
quantities not less than 150 liters. The price will be regu-
lated by the Federal Council from time to time, and published
in the Official Gazette. The price shall not be less than 1 20
francs and not more than 150 francs per hectoliter of pure
alcohol, without the cask.

Art. 5. In the exportation of products, in the manufac-
ture of which dutiable alcohol has been used, the quantity of
such alcohol is to be ascertained and the duty paid on it
returned at the close of the fiscal year. This reimbursement
will be made by the Federal Council on the basis of the
average difference between the selling price and the purchase
price of the imported spirituous liquors. No such return of
duty on alcohol will be made in case of exportations of less
than 20 liters.

Art. 6. Alcohol intended for mechanical or domestic
purposes, taken from the cheapest quality and as raw spirits,
will be furnished from the warehouses of the confederation, in
quantity not less than 150 liters, at cost price, and, when
imported, with the addition of the import duty. The Fed-
eral Council will regulate as to the test of alcohol falling in
this class.

Art. 7. Hawkers' trade in spirituous liquors of all
kinds, as well as the retail sale in taverns, distilleries, and
such other establishments where such retail sale is not in
natural connection with the sale of other commercial articles,
is hereby prohibited. The retail sale of raw spirits and that
made by distilleries by virtue of Article 8 is excepted.

Art. 8. The sale of spirituous liquors of all kinds in
quantity not less than 40 liters will be regarded wholesale.
The sale of smaller quantities, or retail sale, is subdivided
into :

(1) Retail sale in taverns to be consumed there.

(2) Retail sale to be carried away. License for retail in
taverns is to be granted by the cantonal authorities under a
tax proportioned to the importance of the trade and the

The Alcohol Monopoly. 225

amount sold. This tax will be fixed by the cantons until it
is placed under federal regulation. Distillers who, in one
year, do not manufacture more than forty liters liquors not
subject to the federal duty, are at liberty to sell their product
in quantity not less than five liters. The casks in taverns
must be stamped with the official stamps.

Art. 9. The cantons will be charged with the supervi-
sion of the trade in spirituous liquors delivered by the con-
federation, as well as to the manufacture and sale of liquors
not subject to the federal duty.

Art. 10. The execution of the law in its other parts
devolves on the Federal Council, which will provide the
necessary machinery and regulations. The Federal Council
can claim the co-operation and assistance of the cantons, and,
in event of so doing, all expenditures incurred by the can-
tons must be refunded to them by the confederation. The
confederation will advance to the monopoly administration
the sum necessary for the execution of the law, the sum so
advanced to bear interest and to be redeemed in a reasonable
time.

Art. 11. The confederation collects the duty on all im-
ported spirituous liquors and renders an account of the
expense of the monopoly administration, as well as the
increase of the customs expense occasioned by the monopoly.

Art. 12. The net income of the monopoly administra-
tion will be divided, under the limitations of the constitu-
tion, among the cantons according to population as shown
under last federal census. Accounts will close December 31
of each year.

Art. 13. The cantons must report annually to the Fed-
eral Council as to the disposition of the 10 per cent of the
amount received by them, which, according to Article 32 bis of
the Federal Constitution, must be applied to suppress intem-
perance. These reports shall be submitted in printed form
to the Federal Council.

Art. 14. Whoever violates the provisions of this law,

226 State and Federal Government in' Switzerland.

either in the manufacture of spirituous liquors without
authority, or fails to deliver to the confederation the entire
quantity he may at any time manufacture under the authority
granted him, or procures an unjust return of customs duties,
as provided in Article 5, or uses the raw spirits under
Article 6 for other than the specified purposes, or procures
spirituous liquors in an illegal manner, shall be subject to a
fine from five to thirty times the value of the amount so im-
properly obtained. If this cannot be ascertained the fine will
be from 200 to 10,000 francs. In case of a repetition of the
oifense or under aggravating circumstances, the fine may be
doubled and an imprisonment of six months added. The
attempt to violate or evade the provisions of the law shall be
subject to the same penalties.

Art. 15. In- addition to the cases referred to in Article
14, each violation of the law or the regulations relating to
its enforcement shall be subject to a fine from 20 to 500
francs ; this fine will be increased to 50 or 1000 francs where
resistance is offered to the execution of the law, under limi-
tations of Article 47 of the federal penal code.

Art. 16, One-third of the fines realized under the law
shall go to the informer, one-third to the canton, and one-
third to the commune in which the offense was committed.
If there be no informer, then two-thirds goes to the canton
where the offense has been committed. When discovered by
the officers or the employes of the customs administration,
the fines will be apportioned under Article 57 of the canton
law of August 27* 1851.

Art. 17. Proceedings in all cases for violation of the
law or the provisions for its carrying out shall be had in con-
formity with the federal law of 30th June, 1849, for viola-
tion of fiscal and revenue laws.

Art. 18. The proprietors of existing distilleries shall be
indemnified by the confederation for the depreciation in the
value of their property caused by the enactment of this law.
In reaching this depreciation the profits in the business shall

• The Alcohol Monopoly. 227

not be taken into account. The claim to indemnity is lim-
ited to distilleries established previous to 1885 and in opera-
tion at that time, and the proprietors of which renounce and
surrender the authority granted under Article 32 his of
the Federal Constitution. Where an agreed indemnity is
found impracticable, it must be referred to a commission of
estimates. These commissions of estimates or values shall
be composed of three members, one to be appointed by the
Federal Tribunal, one by the Federal Council, and the third
by the cantonal government in which the property is located.
Against the decision of the commission there will lie an
appeal by either party to the Federal Tribunal, within thirty
days after the rendering of the same. If not done within
this time the opinion of the commission will be final. The
procedure, both of the commission and the Federal Tribunal,
shall be by a special regulation of the Federal Tribunal
based on the law of May, 1850, concerning the condemnation
of private property.

Aet. 19. The confederation has the right to acquire the
stock of monopoly spirituous liquors in the country, after
the law goes into effect, amounting to over one-half hecto-
liter, with indemnity, where the owner is unwilling to pay
the required taxes. If the confederation sees proper to
enforce its right of acquisition, the proprietors must give
notice of their stock; any concealment of same will involve
complication and penalty under Article 14. The price to be
paid for liquors so appropriated by the confederation will be
fixed by experts appointed by the Federal Council.

Art. 20. The Federal Council is charged with the full
execution of this law.

Art. 21. The Federal Council is charged, in conforming
with the provisions of the federal law of June 17, 1874, to
promulgate this law and fix the date when it shall go into
effect.!

' With exception of a few necessary changes this translation follows
that published in U. S. Consular Reports, No. 81, 1887.

LITERATURE OF SWISS CONSTITUTIONAL
HISTORY.

Selected References.

Geaieral Histories. The history of Switzerland has
long been made a subject of inquiry by native and foreign
investigators, but especially during the last century has there
been most careful collection of materials and diligent research
into the hidden recesses of state and federal chronicles. An-
other volume such as this would scarcely contain the titles of
the books, monographs and essays which have been written
about Switzerland ; hence it is not the intention of this article
to give a complete bibliography of even the subject of consti-
tutional history, but simply to point the way to a few of the
more important and accessible sources of information.

The authority upon Swiss history, who ranked as a classic
during the first half of this century, was Johann von Miiller.'
His work was not only a thorough history, in the light of the
knowledge of his time, but, on account of its charming literary
style, was an ornament to German literature. After Miiller's
death the work was taken up by Robert Glutz-Blozheim and
.1. J. Hottinger and continued through seven or eight vol-
umes. They were followed by two authors from French
Switzerland, Vulliemin and Monnard, who translated the
work of their predecessors and carried the narrative down to
the Helvetic Republic, making, in all, in some editions, a
collection of sixteen volumes.^ But since the day of these

1 V. Miiller, Johann. Geschichte der schweizerischen Eidgenossen-
schaft. Fortgesetzt von Robert Glutz-Blozheim und J. J. Hottinger.
7 Bde.

"^ Vulliemin, L. et Ch. Monnard, Histoire de la Confederation Suisse.
16 Toms. 1841-47.

Literature of Swiss Constitutional History. 229

authors the state of historical science has greatly changed.
New materials and new views have been coming to light, and
the opinions of the early classics can no longer be accepted
on many important questions, particularly in respect to the
origins of the confederation. A closer study of documents
began to show that the popular ideas of the early condition
of the Swiss and of the formation of the republic were largely
mythical, and that William Tell could not be found in the
records.

Among the first to set himself against overwhelming public
opinion was Professor Kopp, who published, in 1835, a
small collection of charters, showing the precise documentary
progress of Swiss independence during the early struggle.^
He afterwards began a history of the confederation and
occupied many years in its continuation, but in his anxiety
to show the exact status of the republic, the work became in
reality a history of the German empire, and, as such, is filled
with an appalling mass of details, without much regard to
the perspective of either German or Swiss history.^ A clear
and brief statement of the results of modern research into the
subject of the struggle for independence will be found in the
book of Eilliet, of which there is also a German translation.^

If it is desired to take up the later period of Swiss history
in considerable detail, one may consult the works of Tillier.^
He has treated in succession the period of the Helvetic Re-

'Kopp, J. E. Geschichte der eidgenossischen Biinde. 11 Biicher.
Leipzig u. Berlin, 1845-82.

'^ Kopp, J. E. Urkunden zur Geschichte der eidgenossischen Biinde.
1 vol. 1835.

2 RilHet, A. Les Origines de la Confederation Suisse. Geneve, 1868.

*v. Tillier, A. Geschichte der Helvetischen Republik, 1798-1803. 3
Bde. Bern, 1843.

Geschichte der Eidgenossenschaft wahrend der Herrschaft der

Vermittlungsakte. 2 Bde. Ziirich, 1845-46.

Geschichte der Eidgenossenschaft, 1814-30. 3 Bde. Zurich,

1848-50.

Geschichte der Eidgenossenschaft, 1830-48. 3 Bde. Bern,

1854-55.

230 State and Federal Government in Switzerland.

public, the rule of Napoleon, the period of reaction 1814-
1830, and the period of renaissance to 1848. Better for the
period of the Pact of 1815, showing the governmental notions
which prevailed at the time, is a recent volume by Van
Muyden.^

But by far the best general history for ordinary use is the
recent work of Dandliker,^ who has covered the entire period
of Swiss history from the time of the Lake Dwellers to the
year 1885. This is not only a narrative of the political and
territorial growth of the country, but particular attention has
also been given to constitutional advancement and to the
progress of civilization in general. For each chapter there
are exhaustive notes in the appendix, showing carefully the
sources of information upon each period and topic. The
same author has published a convenient tabular view of
Swiss history.^ Another recent history, and equally well
done, so far as it has progressed, is the work of Dierauer, in
which the first chapter treats of " Roman culture " in Switz-
erland, and the last chapter of the first volume reaches the
year 1415.^ The short history of Arx and Strickler is good
for rapid review.^ The best brief work for English readers
is that of Hug and Stead, published as one of the " Stories
of the Nations."*'

Von Muralt's Schwdzergeschichte' is a brief chronological
arrangement of the known facts and events, with complete
citation of references as the narrative proceeds, after the

1 Van Muyden, B. La Suisse sous le Facte de 1815. (1815 a 1830.)
1 Tom. Lausanne, Paris, 1890,

"^ Diindliker, K. Geschichte der Schweiz. 3 Bde. Zurich, 1885-87.

^Uebersichtstafeln zur Seliweizergeschichte. 40 Seiten. Zurich, 1890.

■• Dierauer, J. Geschichte der schweizerischen Eidgenossenschaft. Bd.
L Gotha, 1887.

^v. Arx, F., und J. Strickler. lUustrirte Schweizergeschichte fiir
Schule und Haus. Zurich, 1887.

Hug and Stead. Switzerland. (Story of the Nations Series.) 1 vol. D.
New York, 1889.

"^ V. Muralt, C. Schweizergeschichte mit durchgangiger Quellenangabe.
1 Bd. Bern, 1885.

Literature of Siciss Constitutional Hidory. 231

manner of the German " Year Books." It is indispensable
to the writer of Swiss history as far as the fourteeeth century.
Gisi's Quellenbuch gives all quotations from the ancient
writers who touch upon Switzerland previous to 69 A. J)}
Oechsli's Quellenbuch? is a collection of representative docu-
ments, illustrating the political and constitutional history
of the country down to modern times ; translated into Ger-
man. It is intended for use in school or college work, to
bring students in contact with the original sources. It in-
cludes extracts from chronicles, treaties, poets and constitu-
tions.

Constitutional History. There have been many hist-
ories of individual states written, and of these quite a number
are valuable to the constitutional student. Two of these only
have been selected as especially helpful. Blumer's history
of the Swiss Democracies^ is a very careful study of the six
cantons of Uri, Schwyz, Unterwalden, Glarus, Zug, and
Appenzell. It exhibits the early condition of land owner-
ship, the original legal and political jurisdictions, and the
history of private and public law to the year 1798. It
throws much light upon the questions in dispute at the time
of the formation of the republic. Bluntschli's Constitutional
History of Zurich^ is equally good, and, like the other, of
more than local interest, for it is the history of a typical
development of Teutonic institutions from the early Ala-
mannic beginnings into a modern state. Bluntschli's Consti-
tutional History of the Confederation'^ covers both the first

' Gisi, W. Quellenbuch zur Schweizergeschichte. Bd. I. Bern, 1869.

^Oechsli, W. Quellenbuch zur Schweizergeschichte. I Bd. Zurich,
1886.

•■^Bluruer, J. J. Staats-und Rechtsgeschichte derschweizerischen Demo-
kratien. 2 Bde. St. Gallen, 1850-58.

'' Bluntschli, J. C. Staats- und Rechtsgeschichte der Stadt und Land-
schaft Zurich. Zweite Auflage. Zurich, 1856.

'•> Bluntsclili, J. C. Geschichte des schweizerischcu Bundesrechts von
den ersten ewigen Biinden bis auf die Gegenwarr. 2 Bde. Ziirich,
1849-1852. Bd. I, zweite Auflage. Stuttgart, 1875.

232 State and Federal Government in Switzerland.

and present constitutions, and is still the best authority on
the subject. For a shorter account of the whole subject the
introduction to Blumer's Constitutional Law^ is very satis-
factory. The work itself is an exhaustive study . of the
federal government, reinforced by the decisions of the higher
courts. It is the best work to be had, but more convenient
is Dubs' Public Law,^ which is written for a more popular
audience. Better still, because including both federal and
cantonal institutions, is the work of Orelli.^

Kaiser often has a crisp way of saying things somewhat in
contradiction to Bluntschli and others.^ For historical views
of the states and confederation before 1848, one may read
Cherbuliez^ and Snell.'' The latter gives texts of laws and
constitutions. For the federal constitution alone, the work
of Prof. Moses' is more scientifically written than that of
Adams and Cunningham.^ The former is interesting for its
comparisons with South American republics, but the latter
is perhaps more useful because of its treatment of cantonal
affairs. The French translation is an improvement upon the
original." Marsauche^" is the latest in the field and contrib-

' Bhimer, J. J. Handbuch des schweizerischen Bundesstaatsreclits.
2 Bde. Sehaflhausen, 1863-65.

- Dubs, J. Das offentliche Recht der schweizerischen Eidgenossen-
sehaft. 2 Bde. Zurich, 1877-78.

^ V. Orelli, A. Das Staatsrecht der schweizerischen Eidgenossenschaft.
(Marquardsen's Handbuch des offentlichen Rechts. Bd. 4.) Freiburg
i. Br., 1885.

* Kaiser, S. Schweizerisehes Staatsrecht, in drei Biichern dargestellt.
St. Gallen, 1858-60.

^Cherbuliez, A. De la democratie en Suisse. 2 Toms. Geneve et Paris,
1843.

'^Snell, Ludwig. Handbuch des schweizerischen Staatsrechts. 2 Bde.
Zurich, 1887-1845.

■" Moses, B. The Federal Government of Switzerland. 1 vol. Oak-
land, Cal., 1889.

^ Adams, P. 0., and C. D. Cunningham. The Swiss Confederation.
1 vol. London, 1889.

^ La Confederation Suisse. Edition franpaise avec notes et addi-
tions par H. G. Loumyer. 1 Tom. Bale, Geneve et Lyon, 1890.

'° Marsauche, L. La Confederation Helvetique. 1 vol. Neuchatel,
1890.

Literature of Sioiss Constitutional History. 233

utes a useful chapter on the social problems of Switzerland.
Strickler's new pamphlet^ gifes a very succinct account of
federal constitutional history. Droz' Instruction Giviquc is a
manual of public law, using Swiss institutions for illustrative
examples, and is valuable. Hart's Introduction to the Study
of Federal Government^ devotes considerable space to Switzer-
land. This book is most useful as a basis for wider study, as it
points the way through the subject by brief historical sketches,
comparisons of constitutions, and bibliographical notes.
Vincent's Study in Swiss History^ is an attempt to show the
origin and continuity of the peculiar state-rights ideas of
Switzerland. Valuable comparisons will be found in Bour-
inot,^ Freeman** and May.' A recent work on Geneva may
be cited as a typical constitutional history of a Romance
canton.^

Special Qiiestiosis. For keeping in touch with the
operations of Swiss institutions, the Political Year Books
edited by Professor Hilty, of Bern, are exceedingly helpful.'^
They contain, beside monographs on various historical topics,
annual summaries of political movements both in the confed-

' Strickler, J. Schweizerisches Verfassungsbiichlein. 167 Seiten Br.
Bern, 1890.

- Droz, Numa. Instruction Civique. Suivi d'un Expose des Institu-
tions du Canton de Geneve, par A. Gavard. 1 Tom. Lausanne, 1885.

■^ Hart, A. B. Introduction to the Study of Federal Government.
(Harvard Historical Monographs.)

* Vincent, J. M. A Study in Swiss History. Papers of American
Historical Association, vol. 3, pp. 146-164. (1887.)

^ Bourinot, J. G. Canadian Studies in Comparative Politics. 1 vol.
Montreal, 1890.

•■' Freeman, E. A. The Federal Constitution of Switzerland. Fort-
nightly Review, Vol. 2, pp. 533-548.

Presidential Government. National Review, Nov. 1864. Histo-
rical Essays, Series I., p. 373.

^ May, T. E. Democracy in Europe. I. 333-403.

"Pazy. Les Constitutions de la Republique de Geneve. Geneve et
Bale, 1890.

^ Hilty, C. Politisches Jahrlnich der schweizerischen Eidgenossen-
schaft, 1886-90. 5 Bde. Bern.

234 State and Federal Government in Switzerland.

eration and the states, and are written, not in a perfunctory,
but in a critical and judicial Ipirit. Hilty's essay on the
international relations of Switzerland is also admirable.^
Stoll explains the durability of citizenship.^ Euttiman's
essay on the origin of citizenship^ is old, but authoritative.
Martin has recently written upon the federal laws on civil
status.'* BoreP and Zeerleder® comment upon the federal
bankruptcy law. Schollenberger has gathered into compact
form all the private liberties which the citizen may enjoy
under the protection of state and nation.' Vogt has illus-
trated the state-rights problem in his pamphlet on the Ticino
question.^

Among books on cantonal subjects, Curti's history of
popular lawmaking will be read with interest.'' It is the
story of the rise and development of the Referendum. He
has also a shorter essay on the same subject."^ The present
condition of this institution is treated from the legal and
philosophical standpoint by Keller. His Volksinitiativ-
recht^^ is as clear a statement of the actual laws on the sub-

' Hilty, C. Die Neutralitat der Schweiz in ihrer heutigen AufEassung.

^ Stoll, H. Der Verlust des Schweizerbiirgerrechts. Br. Ziirich, 1888.

^Ruttiman. Ueber die Geschichte des sehweizerischen Gemeinde-
biirgerrechts. Br, Ziirich, 1862.

•* Martin, Alfred. Etude des Lois Ped6rales sur la Responsabilit§
Civile. Geneve, 1890.

* Borel, Eug. Das Bundesgesetz iiber Schuldbetreibung und Konkurs.
Br. Neuchatel, 1889.

'Zeerleder. Das Bundesgesetz iiber Schuldbetreibung und Konkurs.
Br. Bern, 1889.

'Schollenberger, J. Die sehweizerischen Freiheitsrechte. 81 Seiten.
Ziirich, 1888.

Die sehweizerischen Handels- und Gewerbeordnungen, 95 Seiten.

Ziirich, 1889.

» Vogt, G. Zur Tessiner-Frage. Br. Ziirich, 1889.

^Curti, T. Geschichte der sehweizerischen Volksgesetzgebung. 1 Bd.
Zurich, 1885.

'° Die Volksabstimmung in der sehweizerischen Gesetzgebung.

Br. Ziirich, 1886.

" Keller, A. Das Volksinitiativrecht nach den sehweizerischen Kan-
tonsverfassungen. Br. Ziirich, 1889.

Literature of Sioiss Constitutional Hidorij. 235

ject as can be found. The best descriptions of the Landesge-
meinde are to be found in Rambert's Studies.^ Unlike most
writers, he has visited all the existing folk-motes, and writes
about them and other Swiss institutions in a genial as well
as discriminating manner. Taxation in Switzerland has been
most exhaustively treated by Georg Schanz.~ His first vol-
ume contains a historical account of the development of tax-
ation from the beginning of the nineteenth century to the
present. The other four volumes contain the laws of all the
states on the subject, not only the existing statutes, but the
measures which led up to them. It is a monument of in-
dustry, and invaluable to the economist. Huber's Private
Law is a comparative study, in which he gives under each
topic the principles followed in the various states or regions
of the confederation.''

liaws and Official Publications. Collections of docu-
ments which are especially useful for constitutional study of
the past are the reports of the old Federal Diets.^ It was
the custom at the close of each session to prepare a paper
embodying the action and recommendations of the assembly
upon the subjects brought before it. This was for the in-
struction of the state governments who sent delegates, and, as
iis name indicates, was the last word of the convention, a
" letter of departure." The first series includes all known
federal agreements between 1245 and 1798. Another series
covers the period of the modern Diet, 1803 to 1848,'' while
the papers of the Helvetic period are in process of collection
and publication.

^ Rambert, Eugene. Etudes historiques et uatioiiales. Lausanne, 1889.

- Schanz, Georg. Die Steuern der Schweiz in ihi-er Entwickelung seit
Beginn des 19. Jahrhunderts. 5 Bde. Stuttgart, 1890.

' fluber, Eug. System und Qeschichte des schweizerisehen Privatrechts.
3 Bde. Basel, 1886-89.

■• Amtliche Sammlung der alteren eidgenossischen Abschiede (1245-
1798). 8 Bde.

'Repertoriura der Abscbiede der eidgenossischen Tagsatzungen v. Jahr
1803 bis 1848. 3 Bde.

236 State and Federal Government in Switzerland.

The present federal and state constitutions are published in
an official collection/' Several cantons, however, have made
revisions since the edition of 1880. An excellent commentary
on the federal constitution will be found in the records of the
convention which formulated it in 1874.'~ The Federal Statutes
have entered u])on a third series since 1849.° A very conve-
nient collection in three volumes is that of Wolf, which
shows the revisions to date, and gains compactness by omit-
ting preambles and signatures.* Carl Stoss has assembled '
the various criminal laws of the country under topics for
comparison.^ The complete decisions of the Federal Supreme
Court have been published since 1874, but Ullmer's digest
covers the period 1848-1863.''

The principal federal documents needed are the reports of
the Federal Council' on the conduct of business, the Financial
Reports,^ and the Official Gazette.'' The latter is the organ
through which laws and ordinances are announced weekly.
Parliamentary practice is regulated by a printed code of rules,
found in the statutes in a separate edition. ^^ The financial

^Sammlung der Bundesverfassung und Kantonsverfassungen. Amt-
liche Ausgabe. 1 Bd. 1880.

- Protokolle liber Bundesrevision. 1873-4. 1 Bd. Q.

^Amtliche Sammlung der Bundesgesetze uud Verorduungen. 1849-
1874. 11 Bde.

Neue Polge. 1874-1889.

Neue Folge, Zweite Serie (seit dem Jahre 1889).

*Die schweizerischen Butidesgesetzgebung. Herausgegeben und mit
Anmerkungen versehen, von P. Wolf. 3 Bde. Basel, 1890-91.

5 Stoss, Carl. Die schweizerischen Strafgesetzbiicher, zur Vergleichung
zusammengestellt.

^Entscheidungen des schweizerischen Bundesgerichtes. Amtliche
Sammlung. 1875-1889. 15 Bde.

UUmer, R. B. Die staatsrechtliche Praxis der schweizerischen Bundes-
behorden. 2 Bde. Also translated into French by Borel, 1867.

■> Bericht des schweizerischen Bundesrathes an die Bundesversammlung.
(Annual.)

^ Die eidgenossische Staats-Rechnung. (Annual. )

*Schweizerisches Bundesblatt. (Feuille FM6ral Suisse.) (Weekly.)

'"Geschaftsregelmentarische Bestimmungen fiir den eidgenossischen
Rathe.

Literature of Swiss Constitutional History. '237

history is graphically displayed in a tabular view which
includes the years 1853-1884.^ U. S. Consular Reports,
Nos. 81, 90, 99-100, contain matters especially interesting
to financial methods employed in Switzerland.' Other
numbers frequently report upon the industrial situation.
Grob's Jahrbuch is the central authority upon educational
matters.^ As a single specimen from the many local govern-
ment laws, that of' Zurich may be especially recommended.*

Statistics. The statistics of population are found best
in the federal census.^' This is confined chiefly to civil status;
commercial and other statistics being published in special
reports" which are issued from time to time by the Statis-
tical Bureau of the Interior Department. From the same
source comes also a quarterly journal of statistics.'

AYirth's general description of Switzerland, although pub-
lished in 1875, contains much of permanent value.^ It is
divided into parts, which describe successively the natural
features of the country, the people, commerce, insurance, jus-
tice, constitutions and laws, education. Many changes have
taken place in constitutions since this was published. The
best statistical work now is Furrer's Lexicon.'^ One may

' Uebersicht der Einnahmen iind Ausgaben der Eidgenossenschaft.
1853-1884.

^ U. S. Consular Reports, Nos. 81, 90, 99-100. Wash. State Dept.

"Grob, C. Jahrbuch des Unterrichtswesens in der Schweiz. 9 Bde.
Zurich, 1881-1889.

^Kanton Zurich. Gesetz betreflfend das Gemeindewesen, vom 27 Juni,
1875. Br. Zurich, 1889.

5 Die eidgenossische Volksziihlung, 1880, 1888. (Published by the Fed-
eral Government.)

•■' Schweizerische Statistik. Herausgegeben von dera Statistischen Bu-
reau d. Eidgen. Department des Innern. 1-65 Lieferungen, 1862-1886.

•Zeitschrift flir schweizerische Statistik. Herausgegeben von der
Central Kommission der schweiz. statist. Gesellschaft, unter Mitwirkung
des eidg. statist. Bureau. (Quarterly.) Bern.

*Wirth, Max. Allgemeine Beschreibung und Statistik der Schweiz.
3 Bde. Ziirich, 1871-75.

'■* Purrer, A. Volkswirthschafts-Lcxikon der Schweiz. 3 Bde. Bern,
1885-91.

238 State and Federal Government in Switzerland.

also consult the Statesman's Year-Book and the Encyclo-
paedia Britannica.

Topography. The best map of Switzerland is that
known sometimes as the Siegfried Atlas, which is published
on the scale of the original measurements, namely 1 : 25,000
for flat land and 1 : 50,000 for mountains. When com-
plete this will consist of over 500 sheets.^' Smaller than this
is the map made under the direction of General Dufour, in
twenty-five sheets, which, in its day, was also the federal
ordnance map." An excellent wall-map, because of the dis-
tinctness with which the physical features of the country are
thrown up, is a late one of Ziegler.'^ W. A. B. Coolidge has
written a history and bibliography of Swiss travel, especi-
ally of mountain exploration.* There are numerous other
small maps and guide-books.

Bibliography. To find out everything that has been
w^ritten upon Swiss history, one should begin with Haller.^
His work was continued by Meyer von Knonau*' in maga-
zine reports, and in book-form by Sinner^ as far as 1851.
Later, Von Mulinen wrote an introduction to the whole sub-
ject of Swiss bibliography.'' Since 1871 a monthly record of

1 Topographiseher Atlas der Schweiz, ira Massstab der Original- Auf-
namen. Herausgegeben v. Eidg. Stabsbureau.

-Dufour. Topographische Karte d. Schweiz. 1 : 100,000. Complet
in 25 Slattern.

^Ziegler. Zweite Wandkarte der Schweiz, in 8 Blatter. J. Wiirster
& Co. Zurich.

■* Coolidge, W. A. B. Swiss Travel and Swiss Guide-Books. 1 vol.
London, 1889.

* V. Haller, Gr. C. Bibliothek d. schweiz. Geschichte und aller Theile
so dahin Bezug haben. 6 Bde. Bern, 1875-88.

^ Meyer von Knonau, G. Fortsetzung von Haller's Bib. in Archiv fiir
schweiz. Gesch., 1840-45.

'v. Sinner, G. Bibliographie der Schweiz. Geschichte, 1786-1851.
Bern, 1851.

*T. Mulinen. Prodromus einer schweiz. Historiographie. Bern, 1874.

Literature of Swiss Constitutional History. 239

all publications has appeared in Bibliographie Suisse,^ to
which an annual index is furnished. Switzerland is also
represented in the Historical Year-Book, published under
the auspices of the Historical Society of Berlin.- Annual
reports on the historical and political literature will be found
in Hilty's Jahrhuch? and in the Anzeigeir fiir schweizerische
Geschichte.*

^Bibliographie und Literarische Chronik der Schweiz. 1870-1891.
Basel. B. Georg. (3 fr. per year in Postal Union.)

' JahresberichtderGeschichtswissenschaft. Berlin. J. .Jastrow (editor).
1878-1888.

2 See Special Questions, above.

■'Anzeiger fiir schweizerische Geschichte. Herausg. von der Allgem.
geschichtsforschenden Gesellschaft der Schweiz. Bern.

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INDEX

Aargau. acquisition of, 18 ; executive
council of, 133 ; constitution of,
136 ; salt monopoly. 147.

Act of Mediation, 22, 175.

Adams, H. B., viii. |

Adolph of Nassau, elected king and
renewed privileges of Frederic II.,
8.

Alamanni, settlement of, 3, 4.

Alcohol monopoly, 76, 38, 201, 202,
222 ; text of law, 223 ; in Basel, 149.

Amendment of constitutions. See
Constitution.

Amtsstatthalter, 136.

Appenzell joins League of Thirteen,
17; Landesgemeinde, 113; legis-
lature, 116 ; village court, 140 ;
religion, 176.

Arbitration in the three ca.ntons of
the League, 7.

Area of cantons, 240.

Army, 33, 62 ; history of, 62 ; state
and federal authority over, 63 ;
organization, 64, 198; pensions,
65 ; military tax, 74, 153 ; expense,
81 ; education of recruits, 92 ; do
standing troops, 196.

Assembly, popular, in early times,
6 ; and democracies, 106.

Assembly, the right of, 208.

Asylums, established for the inebri-
ate, and for feeble-minded children,
by Zurich, under law concerning
government alcohol monopoly, 81.

Attorney-General, federal, 60.

Austria, house of Habsburg became
imperial administrators of Swiss
districts, 6 ; contention about lo-
cal rights of Swiss, 7, 8, 9 ; revolt
of Glarus against, 10, 11.

Balance of power, held by Switzer-
land, 67.
Ball, W. D., viii.

"Bank notes, no monopoly, 76, 203.

Bankruptcy, 85, 209 ; treatises, 234.

Banks, state, 151.

Basel, bishopric, ally of League, 17 ;
partition of, 27 ; popular legisla-
tion, 106 ; Justice of the Peace,
140 ; salt monopoly, 147 ; liquor
monopoly, 149; state expendi-
tures, 156 ; religion, 176 ; educa-
tion, 184, 186.

Beiwagen, 112.

Berlin, university, 186.

Bern, joins confederation, 10 ; under
Helvetic Republic, 21 ; Act of
Mediation, 23 ; government of,
115 ; public funds, 146 ; state
railways, 150 ; religion, 176 ; edu-
cation. 184, 186.

Bezirksrath, district council, 136.

Bezirksammanii, president of dis-
trict, 136.

Bezirksstattlialler, vice-president of
district, 136.

Bibliography of Swiss history, 237.

Biel, 17.

Bishopries, 94, 207.

Bluntschli, ,J. C., viii; Swiss his-
tory, 230.

Bridges and highways, federal care
of, 89.

Bundesgerichi, 58.

Bundeska?izlei. See Federal Chan-
cellor.

Bundesrath, 52.

Bxmdesversammlung . See Federal
Assembly.

Bureau of National Council, 39, 43.

Bureaucracy, 144.

Burg, the beginning of the fortified
city, 159.

Burgundians, 3.

Burial of paupers, 206.

Calvin, 181.

242

Index.

Cantons, boundaries of, fixed by fed-
eral government, 33 ; cannot make
political alliance with each other,
35 ; in strife with each other must
not take up arms, 36 ; interstate
laws by treaty, 50 ; disputes, 58 ;
and federal government in mili-
tary regulations, 63, 64 ; military
tax, 74 ; contributions from, to
federal government, 75 ; retain
salt monopoly, 83 ; free tradg
among the, 83 ; former manage-
ment of posts by, 85 ; and the right
of citizens to form associations,
99; the confederation guarantees
laws, 101 ; state legislation, 105 ;
democratic and representative,
lOG ; legislatures of, 115; the
state supreme court, 121 ; the
Grand Council, 119 ; the Council
of State, 130 ; Referendum and
initiative, 132 ; state executive
and judiciary, 132 ; capital cities,
339 ; judges of court elected by
district, 138 ; courts, 141 ; consti-
tutions, revision of, 143 ; federal
guaranty, 195 ; state and local
finance, 145 ; state fire insur-
ance, 151 ; community and citi-
zenship, 157 ; beginnings of the
state, 159; state and lo3al govern-
ment, 170 ; state inspection of
local government, 171 ; church and
state, 173; use of armed force,
198. See also State Sovereignty.

Capital, the federal, 320.

Capital, taxable ^;er capita, 339.

Capital punishment, 100, 309.

Capitals of cantons, 239.

Catholics, during Sonderhund war,
27.

Centgraf, 4, 5.

Chancellor. See Federal.

Charlemagne, 4.

Children, and the folk-mote at
GlaiTis, 110.

Church and state, 98, 173 ; medi-
jeval poor relief, 161.

Cities, origin of ; the burg, the be-
ginning of the fortified city, 159.

Citizen, rights of the. See Popular
Rights.

Citizenship, 157, 205, 334.

Civil registration, 98, 308.

Civil war of 1847, 175.

Coal, 149.

Coinage, 88, 204.

Commerce, freedom of, 100.

Commercial laws, and the confeder-
ation, 83 ; uniformity of, 84.

Communal Council, 168.

Community, and citizenship, 157 ;
organization of the, 166 ; adminis-
tration, 168.

Concordats, 35 ; list of, 50, 51 ; va-
lidity, 331.

Confederation, Swiss, the starting-
point of, 7, 31 ; joined by Luzern,
9 ; joined by Zlirich, Glarus, Zug
and Bern, 10, 11 ; admission of
Geneva, Valais, Neuchatel, 24 ;
extent, 30; relation to cantons,
vii, 30, 33 ; relation to the common
welfare, 83 ; relation to the indi-
vidual, 97 ; education, 187.

Congress of Vienna, 167.

Gonseil des Mats. See Council of
States.

Gonseil Federal. See Council, Fed-
eral.

Conseil National. See Council, Na-
tional.

Constance, Council of, 18.

Constitution, League of Thirteen,
17; of 1833 rejected, 37; of 1848, 28,
35, 91, 93 ; federal, revision of, 49 ;
of 1874, 28, 49, 58, 91, 93 ; of 1874,
in regard to army, 63 ; text of first
federal, 191 ; text of present, 194-
233.

Constitutions, state, compared with
federal, 33 ; revision of. 185, 126,
143; compared with U. S., 137;
collection of texts, 236.

Constitutional history, works on, 227,
230.

Contracts, federal law, 84.

Copyright, 84, 209.

Corporal punishment, 209.

Council, the cantonal, and state leg-
islature, 115 ; Grand, in state leg-
islation, 119 ; of State, 121.

Council of State, 138, 171.

Council of states, formed on Ameri-
can plan, 39 ; members, how elec-
ted, 40 ; committees in, 43 ; rules
of, 44, 211.

Council. See National, Federal, etc.

Courts. See Judiciary.

Criminal laws, 335.

Index.

243

Criminal Court. See Judiciiiry.
Customs duties, sources of federal
revenue, 72, 201 ; cantonal, 201.

Death penalty, 209.

Debt, federal, 82; collection of debts
and bankruptcy law, 85 ; irnprisoti-
ment for, 100 ; state, public,
240.

Democracies and republics, 106.

Democracy and higher education,
186.

Democratic principles, in judicial in-
stitutions, 142 ; in state a,nd dis-
trict government, 138, 139.

Diet, 18, 19; under Act of Mediation,
23 ; under Pact of 1815, 24 ; refuses
to hinder constitutional reform,
26 ; constructs new constitution
1847, 28; published acts, 234.

District administration, 13G,

District Court. See Judiciary.

Domains, state, 140.

Ecclesiastical jurisdiction, 209,

Ecole complayientaire, 185.

Economic questions, bring political
changes, 25.

Education, federal aid, 90, 199, 221 ;
general principles, 182, 184 ; local
authorities, 182; district super-
vision, 183 ; state supervision, 183 ;
school funds, 184 ; expenditures,
184, 187 ; compulsory, 184 ; sup-
plementary, 185 ; secondary, 185 ;
higher universities, I8(j.

Elections, of members of National
Council, 38 ; federal constitutional
convention, 49.

Emigration agencies, federal con-
trol, 203.

England, constitution of, same origin
as that of Switzerland, 4 ; parlia-
ment, compared with Swiss legis-
latures, 118.

Epidemic diseases, 84.

Eschenthal, subjugation of, 18.

European powers, control of, 23.

Evangelical church, 177.

Executive Council, Helvetic, 21 ;
state, 119, 123, 132.

Executive, federal. See Federal
Council.

Expenditures. See Finance,

Extradition, interstate, 210.

Factory legislation, 84, 95,
Federal Assembly, composed of two
chambers, 38 ; functions of, 40 ;
conduct of business, 41 ; Federal
Chancellor, elected by, 44 ; refers
bills after passing to Federal Coun-
cil, 40-49; superior to Federal
Court, 61; duties, 210, 211.
Federal Chancellor, 44, 45, 217.
Federal constitution. See Constitu-
tion.
Federal Council, called upon in case
of insurrection in cantons, 35 ; re-
ceives bills passed by both houses
of Federal Assembly, 46; orders
popular vote (on bills) on petition of
30,000 citizens, 47 ; like American
cabinet, 39; sends lists of matters of
business to Federal Assembly, 41 ;
members can speak in either branch
of Assembly, 42 ; bills referred
back from Assembly, 43; consists
of seven members, 52 ; its powers
and duties, 53,54; compared with
cabinet of United States, 55 ; re-
sponsibility of members and tenure
of office, 56, 57, 214 ; compared
with Council of State, 135.
Federal intervention, 197.
Federal legishxtion, 38.
Federal Supreme Court, origin of,

19. See also Judiciary.
Feudal system in Switzerland, 4,5.
Finances of confederation, adminis-
tered by Federal Council, 54 ;
beginning of federal finance in
present century, 70 ; sources of
revenue, 71 ; customs, 72 ; posts and
telegraph, 73; military tax, 74;
contributions from cantons, 75 ;
alcohol monopoly, 76 ; expenses,
81,82; management, 204.221;
instate legislatures, 119; sources
of state revenue, 146; state and
local, 145, 222, 240.
Pishing privileges, 150, 199.
Folk-mote. See Landcsgemeinde.
Foreign affiurs, under the supervision

of Federal Council, 53.
Foreign powers, no presents to be
received from by any ofiicers of
government or army. 68.
Foreigners, expulsion, 69, 210.
Forest cantons, under Act of Media-
tion, 22.

244

Index.

Forestry of the Alps, protected by
federal law, 90, 199.

Fortbildu7igsschule, 185.

France, controls Switzerland, 23.

Franks, form of government, 4.

Free trade between cantons, 201.

French language, proportion of pop-
ulation speaking, 31.

French Revolution, reflected in Swit-
zerland, 21 ; effects effaced in 1815,
24 ; effect of July revolution, 25.

Frederic II., 6.

Freiburg, 106, 120.

Freischaren, 28.

Frey, Bmile, Bundesrath, viii.

Gaming houses prohibited, 85, 203.

Gau, Alamannic, 4.

Oemeinde-President, or Mayor, 137.

Geneva, ally of League, 17 ; admit-
ted to confederation, 24 ; Justice
of. the Peace in, 140 ; railroads,
150 ; religions, 176, 180 ; educa-
tion, 186.

Germanic influence, 31.

Germanic laws, 3.

Gersau, democracy of, 108.

Gipsies, 162.

Glarus, joined the confederation, 10,
11 ; form of Landesgevieinde, 108;
royalties from mines, 149.

Government, federal and state, 33 ;
federal made more effective by
"referendum," 46-49 ; federal and
state rights in military affairs, 63 ;
popular, 115; compared with
United States, 127 ; district, 136.

Graf, 4, 5.

Grand Council. 119.

Grand Jury, 141.

Graubiiuden, ally of League, 17 ;
origin of "referendum," 122; tax-
ation, 153.

Guide-books, bibliography of, 238.

Habsburg, Counts of, became imperial
administrators of Swiss districts,
6 ; Rudolf, 7 ; Albert, 7, 8.

Hart, A. B., 194.

Eeimathlosen, 210, 219.

Helvetians, 3,

Helvetic Republic, 21, 23.

Henry VII. confirmed privileges, 8.

Histories of Switzerland, general,
227 ; constitutional, 230.

Hofgericht, 107.
Hundred, Alamannic, 4.
Hunting privileges, 199.

Initiative and Referendum, 123, 240.

Insurance, compulsory invalid and
accident, 95, 203 ; inspection of
companies, 203 ; state fire insur-
ance, 151.

Insurrection, within a state, 35 ;
power to raise troops in case of,
rests with Federal Assembly and
Federal Council, 53 ; incitement
to, 99.

International agreements, Switzer-
land headquarters of, 69.

International relations, 67.

Intervention, federal, 197.

Italian language, proportion of pop-
ulation speaking, 31.

Jesuits, activity of, 27 ; forbidden to
locate in the country, 94, 207.

Judiciary, federal, number of mem-
bers and term of office, 58 ; juris-
diction, 59 ; conduct of business,
division of courts, 60 ; limited by
Federal Assembly, 61 ; functions,
218, 221 ; published decisions, 236.

Judiciary, state, 121, 132; judges,
138 ; relation to Federal Supreme
Court, 139 ; Justice of the Peace,
140 ; district court, 140 ; criminal
courts, 140, 141.

Jury, and Grand Jury, 141,

Jus non evocando, 8.

Kantonsgericlit. See Judiciary.

Kelts, 1.

Kopp, J. E.,229.

Labor laws, 203.

Landammann of Switzerland, 23.

Landammann, 110, 134.

Landesgemeinde, under Act of Medi-
ation, 22 ; origin of, 106 ; in
Schwyz, 137.

Landfrieden, 175.

Language, difference in, 30, 31; oflB-
cial, 220.

Landrath. 119.

Latin civilization, 3.

Laws, criminal, 236 ; federal, 236 ;
private, 235.

Index.

245

League, the first perpetual, 7, 107 ;
renewal of, 9.

League of Eight, 11, 12.

League of Thirteen, 19, 108.

Legislation, federal, 38, 46.

Legislature, federal, and popular
veto, 32, 46.

Legislature of Helvetic Republic, 21.

Legislatures, state, 115 ; relation to
Executive Council, 135, 143.

Leopold of Austria, 9.

Liberty, of religious belief, 92, 98,
173 ; of press, 99 ; commercial and
industrial, 100 ; of opinion to legis-
lators, 41, 116.

Liquor monopoly. See Monopoly.

Literature of Swiss constitutional
history, 227.

Local administration, Helvetic Re-
public, 21 ; state inspection, 138,
171; finance, 145 ; community, 158.

Local independence, vitality of, 29 ;
and federal government, 32-37,
46-49.

Lotteries, 85, 203.

Louis of Bavaria, 9.

Luzern, purchase of by Rudolf of
Habsburg, 7 ; joined the confeder-
ation, 9; reactionary policy 1846,
27; legislature, 120; public serv-
ice, 144.

Maps, 238.
Maritime rights, 68.
Mark, 5, 146.

Markgenossenschaft, 5, 157, 165.
Marriage, registry of, 95 ; right of,

under confederation, 98 ; federal

protection of, 208.
Mayors of towns, 137, 167.
Mediation, Act of, 21.
Merovingian Empire, 4.
Migration of Germanic tribes, effect

on Switzerland, 1.
Military capitulation with Bonaparte,

23 ; prohibited, 196.
Military service, 197.
Monasteries, feudal position, 4, 5, 8 ;

inviolability, 175.
Monopolies, 146.
Morgarten, battle of, 9.
V. Miiller, Johann, histories, 227.

Napoleon L, gives constitution to
Switzerland. 22 ; effect of his fall,
28.

National Council, its members how
chosen, 38; bureau of, 39; func-
tions, 210; members from each
canton, 239.

Nationalratk. See National Council.

Naturalization, 98, 205.

Neuchatel, 17 ; admitted to confeder-
ation, 24 ; state railroads, 150 ;
religion, 176, 180.

Neutrality, the policy of Switzerland ,
67.

Nidwalden, Landesgemeinde, 111 ;
the legislature, 116.

Oath of office, 144.
Oberamtmdnner , 136.
Obwalden, number of delegates to
legislature, 116.

Pact of 1815, 24.

Papacy, 181.

Paris, treaty of 1856, and Swiss neu-
tralitv, 68.

Parish meeting, the, 166, 107, 179.

Pastors, both state and church offi-
cials, 179 ; liberty of opinion. 179,
180.

Patents, 76, 84, 209.

Patrician families, supremacy of, 20.

Pensions, 65, 196, 197.

Personal rights, 97, 195. 209.

Petition, imperative, 123.

Petition, right of, 208.

Pfaffenbrief, 12.

Pippin abolishes dukedoms, 4.

Popular rights, in early times, 5 ;
protection of, 7; put down by bail-
iffs of Albert of Habsburg, 8 ;
all made equal, 9 ; right of veto
in Federal Legislature, 33 ; popular
vote upon laws passed by Federal
Legislature, 46 ; rights of the citi-
zen in the confederation, 97 ; the
folk-mote, 106 ; and popular gov-
ernment, 115.

Popular vote, in electing judges, 140 ;
element in judicial proceedings,
141; rights and judicial tribunal,
43.
Popular vote. See also "Vote.
Political institutions, origin Ger-
manic, 3.
Political questions, literature on,233.
Political rights, deprivation, 210,
Polytechnic, 91, 199.
Population, 239.

246

Index.

Postal Union, Universal, 69.

Posts and telegraph, as sources of
federal revenue, 73, 85, 203.

Powder moaopoly, 78, 83, 204.

Powers. See European.

Prefects of districts, 136.

Presents, from foreign powers can-
not be received by officers of gov-
ernment or soldiers of army, 68,
196.

President, of the confederation, 52 ;
of Council of State, 134 ; of village
council, 168.

Press, liberty of the, 99, 208.

Private law, Huber's work on, 235.

Profession, exercise of, 203, 221.

Property, state, 146, 240.

Protestant Church, 173, 177.

Protestants, during Sonderhund
wars, 27.

Public debts, 83.

Public service, 143.

Public works, federal assistance in
construction of, 90, 199.

Punishment of crime, 100; capital.
100.

Races, influence of different, 31.
Railways, federal laws regulating,

87; state, 150, 19y.
Red Cross, Order of, 69.
Referendum, 46-49, 105 ; obligatory

and optional, 106. 115, 119, 120;

and initiative, 122 ; in America,

126 ; Curti, history, 234 ; Keller's

law of, 233.
Religious liberty, under Pact of 1815.

25 ; present conditions, 92, 98,

173, 206.
Religious orders, new, forbidden, 94,

208.
Reformation, 19 ; the folk-mote after

the, 108 ; effects of, in church and

state, 173.
Regierungsrath, 119. 133.
Relatives. oiHcial disqualifications.

143.
Republic, the Helvetic, 21.
Republics and democracies, 106.
Responsibility, official, 144, 220.
Revenue. See Finance.
Roads and bridges, federal care of,

89, 200.
Roman Church, government and the,

173.

Romance ideas, influence of, 31.

Rousseau's ideal democratic govern-
ment fulfilled in Swiss Imperative
Petition.

Royalties, state revenues, 146.

St. Gallen, 17 ; origin of Referen-
dum, 122; education, 183.

Salaries of officials, 144, 169.

Salt, monopoly, 83, 147.

Sanitary laws, 210.

Sarnerbund, 26.

Schaffhausen, admission, 17 : legis-
lature, 120 ; public funds. 146.

Schools, 91, 165, 168. See also Edu-
cation.

Schulgemeinde, 183.

Schultheiss, 134.

Schwyz, early government of, 4, 5,
6 ; entered into a league with Uri
and Unterwalden, 7 ; attempted
partition, 27; the folk-mote in, 107;
district government, 137 ; govern-
ment expenses in, 156 ; education,
187.

Secession, 27.

Sempach, 17.

Sempacher Brief, 13, 14, 62.

Senate, Helvetic Republic, 21.

Settlement, form of Alamaunic, 4;
right of, 205.

Siehner concordat, 26.

Social problems and the confeder-
ation, 83 ; right of citizens to form
associations, 99 ; monopoly of re-
tail distribution of liquor at Basel,
150 ; progressive taxation, 154,
155 ; laws for the poor in the 16th
century, 161.

Solothurn, State Council of, 133.

Sonderhund, 27; dissolved, 28; se-
cession of, 94.

Sovereignty, cantonal, 195.

Staatsanivalt, 141.

Stdnderath, 39.

State. See also Caiiton.

State-rights. See State Sovereignty.

State sovereignty, 28 ; reason of
vitality, 28 ; and federal rights,
32, 33, 36 ; compared with U. S.,
34; military affairs, 63.

Statistics, treatises, 236 ; tables, 239.

Statthalter, or Vice-President of
Council of State, 134.

Strassburg, ally of Swiss League, 17.

Index.

247

Subject lands, 30. See Vogteien.
Synod, 178.

Tacitus, beginning of the folk-mote,
107, 110.

Tiixation, stateand local, 145 ; direct,
152 ; double, prevented, 20G ; treat-
ises on, 235.

Telegraph, 73, 86,203.

Temperance problems, uudergovern-
rnent alcohol monopoly, 80, 81.

Thurgau, 4, 6 ; enters confederation,
18.

" Ticino Question," 36.

Topography, list of works, 238.

Town-meeting. See Community.

Tramps, in the 16th century, 160.

Treaties, cantons allowed to make,
33 ; interstate laws by, 50 ; of can-
tons, watched over by Federal
Council, 53 ; confederation sole
power with foreigners, 35, 195.

Treason, as dealt with in Sempacher
Brief, Ql, 63.

Tribunals, extraordinary, forbidden,
209.

Tribunal federal. See Federal Ju-
diciary.

Triple Council in Glarus, 112.

Trogen, meeting of folk-mote, 114.

United States, Germanic origin of
institutions, 4 ; compared with
old Swiss confederation, 20 ; fed-
eral government earlier than Swiss,
28 ; compared, vii, 32, 33 ; amend-
ment of constitution, 49 ; cabinet
compared with Swiss Federal Coun-
cil, 55 ; Federal Court of, as com-
pared with Swiss federal judici-
ary, 61, 142; religious liberty in,
98; power of legislature, 125; re-
ferendum in, 126 ; State Governor
compared with Swiss President
of Council of State, 135 ; township
taxation, 169 ; boards of educa-
tion, 183.

Universities, and federal polytechnic
school, 91, 199 ; democratic, 186.

Unterwalden, early government of,
4, 5, 6 ; entered the league with
UriandSehwyz, 7 ; education, 187.

Uri, early government of, 4, 5, 6 ;
entered into a league with Schwyz
and Unterwalden. 7 ; Landesge-
meinde, 108 ; legislature. 116 ; edu-
cation, 187.

Valais, ally of League, 17 ; admitted,
24 ; legislature, 120 ; origin of ref-
erendum, 122.

Vaud, salt monopoly, 147; taxation,
153: religions in, 176.

Veto, 32, 46, 47, 48, 122 ; in U. S..
137.

Vienna, Congress of, 23, 24, 67 ; uni-
versity, 186.

Vogteien. Oemeine, 17.

Vorort, 23.

Vote, popular, Landesgemevnde, 106 ;
for members of state legislature,
116; the "referendum," 122; in
United States, 127.

War, Civil, of 1847, 175.

War, declared by confederation, 195.

Weibel, 111.

Weights and measures, 89, 204.

Wilson, W,, viii.

Zahringen, Dukes of, 6.

Zug, admitted to confederatioQ, 10,
11 ; Landesgemeinde, 108 ; legisla-
ture, 120 ; referendum, 123.

Zugewandte Orte, 17.

Zurich, abbey of, 5, 6 ; joins the con-
federation, 10; secret treaty with
Austria, 13; government of, 115,
124 ; public service compulsory,
144; public funds of, 146; town-
meeting, 167 ; education, 183, 184,
186, 18'? ; Bluntschli'shistorv, viii,
231.

Zwingli, 181.

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