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good, unless the different clauses can be possible to devise a method by which voted upon separately ; and even then, each aggregate might be enabled to unless confined, in the case of measures suggest amendments. The advisability of a technical character, to the classes of of using local aggregates for purposes citizens who are conversant with them. of legislation would be well worth a deBut these modifications would hardly be tailed consideration. It rests on the prinpracticable. A better plan is to publish ciple that the majority of the members copies of each bill before it passes into of a small aggregate would be more law, and to give the public an opportun- likely, after discussion, to reach a wise ity of passing its opinion on its merits. decision than the individuals who com
The Initiative is a much more radical pose it would be, if acting separately. institution than the Referendum. It There is, however, an objection to the consists in a right in a prescribed num- use of the Initiative in America, and it ber of citizens to require, by means simi- is this. So vast is this country, and so lar to those employed when demanding populous the factions arrayed against one the referendum that a statute for a another in it, that the minds of its citispecified purpose shall be framed by the zens are apt to be dazzled by heroic meascantonal legislature and submitted to the ures, some of which are nothing more popular vote; or, that a draft already than crude fancies of cranks. Now, if a prepared by those who start the agita- few thousand men have power to place tion shall be so submitted. But, even any measure, however objectionable, be in the latter case, the legislature is fore the whole body of citizens, with the not wholly passed by. It must prepare alternative that, unless as great a number a report on the matter, and may present vote against it as for it, it must pass into an alternative bill. There is no Initia- law, the result will be that the citizens tive for federal legislation in Switzer- will be very often called upon to take land, although there is for amendments active steps, by recording their votes, to the federal constitution. No Initiative for the purpose of defeating measures exists in the cantons of Berne or Valais which the majority are known to disand in some of the others it is con- approve. The only remedy for this is to fined to financial measures. *
require that the principle of the measure If citizens are to possess the privilege should be approved by a majority of the of initiating a fully drafted bill it should local aggregates before any further step is be required that it be framed by a pro- taken. Perhaps, if such a system were fessional man, in order that clearness of found to work, the legislatures might expression and congruity with the exist- eventually become unnecessary. ing law may be ensured. A bill so ini- As a consequence of the right of poputiated might be submitted to the popular lar veto the Swiss federal legislation is vote without serious risk of the evils valid even when it contravenes the conotherwise attendant on the use of the stitution; and not Freiburg (where there Referendum, because the framers would is no popular veto), but Uri, is the only be anxious to avoid any clauses likely to canton in which cantonal legislation is imperil its success.
subordinate to the cantonal constitution, Yet a more thorough discussion would although Uri is one of the few cantons be secured if, instead of subjecting the in which the legislature consists of the measure to the veto of a majority of citizens at large. the citizens, they were required to dis- That a statute should be invalid if it cuss and vote upon it in local aggre- contravenes an express provision in a gates, such as town-meetings, chambers constitution is, however, reasonable, else of commerce, chambers of agriculture, the constitution would be a mere relaw associations, etc., the aggregates quest to the legislature, which that body being so constituted as to secure a fair could disregard. But the courts in this approach to numerical equality, and each country have created a grave constituaggregate casting one vote. The edu- tional difficulty by their habit of drawing cational value of such a system would inferences from the federal constitution, be very great, and it might, perhaps, be and treating statutes which contravene
these inferences as if they contravened * The number required for a cantonal initiative varies from 400 to 6,000, or from one
the constitution itself. The evil is intenth to one-fifth of all the voters.
tensified by the fact that these inferences are often very far-fetched; and the framers executive council are therefore appointed of the Federal Constitution would proba- by the legislature; as are also the Federal bly have stood aghast if they had been judges, and the general of the Federal told that a law for shortening the hours army. The President has no more power of labor, or for prohibiting the manufac- than any other member of the cabinet, and túre of cigars in tenement houses, would the executive council always acts as a be held repugnant to the clause which whole.* The line of demarcation bedeclares that no one may be deprived tween executive and legislative functions of life, liberty, or property without due is firmly marked. The power of pardon process of law.* The courts are fur- belongs to the Legislature, that of draftther thought by Mr. Stimpson † to pos- ing bills to the Executive, whose memsess the power of invalidating statutes bers moreover may sit and speak, but if they deem them contrary to some an- not vote, in the legislature, but are cient and fundamental principle of Eng- not removable by it. Their term, like lish law; and, while Mr. Bondy, follow- that of the legislature, is three years. ing Judge Cooley, S states that they They do not possess a veto power, but have abandoned this claim, it must be their other powers give them greater confessed that they have gone very near weight in legislation than a veto power to reviving it under another form by could do. It is doubtful, however, the inferences they draw from vague whether the Swiss Executive could disgeneralities in the constitution.
charge these duties efficiently if they A question has been raised whether the were appointed on strictly party lines. courts have not gone beyond all reasonable The practice there is to appoint men bounds in this exercise of their power, from different political parties; and this - whether they have not been biased ensures a fairer consideration of quesin favor of a class. A remedy might tions, especially in the drafting of bills. be found in a modified adoption of the The Swiss practice stands midway beReferendum. It might be provided, by tween the American and the British. constitutional amendment, that measures Under the latter the ministers of state suspected of being unconstitutional should are always elected to the House of Combe referred to the judges for their opin- mons, unless already members of the ion, and, if deemed by them unconstitu- House of Lords. They initiate almost tional, should be submitted to the popular all legislation, and carry it by the aid vote, and that a measure approved either of their party majority. But, while in by the judges or by the people should office, they are continually interrogated override the constitution. A much more in the House as to their policy; and, if sensible remedy would be to have a new a majority of the House disapproves of constitution drafted, containing no heroic it, they either resign or dissolve the legphrases, but stating, in language free islature; in which latter case, they resign from ambiguity, exactly what it really if the new House is also hostile, and are means, and then altogether to prohibit then succeeded by ministers in sympathy the courts from drawing inferences. with its views. H. W. B. MACKAY. Such a work, however, would require a very careful draftsman.
“Culture," said Matthew Arnold - or what The Federal Executive in Switzerland we ordinary people call liberal education - is differs from ours in many important par
an “acquaintance with the best that has been ticulars. There the Legislature primar.
thought and said.” Now, an acquaintance with
the best that has been thought and said, even ily represents the people for all purposes. on subjects of general human interest — to say The executive is its hand to execute the nothing of technical subjects - is impossible in law, and its eye, not only to supervise
these days. But a man may fall very far short
of that, and still have had a liberal training. the affairs of the nation, but to look
What is essential is that in some subject he ahead, and guide the course of legislation should have been made familiar with the best and policy. All the members of the methods, that he should have come into close
contact — as a man does in tackling some great * F. J. Stimpson, "Handbook of Labor Laws,"
book - with a mind of the highest order. p. 43; Ritchie v. Illinois, Eighth Biennial Re
Somehow he should have been made to realize port of the Bureau of Labor Statistics for Illinois,
what is meant by the term “first-rate." P. 462, esp: PP. 463, 472. | Handbook, p. 3; p. 4 (note 4).
* Constitution of 1874, Art. 84, (7) as to Fed& Cooley, “Constitutional Limitations,” 6th eral matters. See as to Cantonal matters, Vined. pp. 88, 197, 202, 204.
cent, p. 119.
A WINTER IN BERLIN:
AN AMERICAN EXPERIENCE
or of mushroom growth is the in Europe, owing to the poor system of
great city of Berlin, but from checking, carries most of his belongings its first appearance, in 1225, with him,-a fourth to lead the way with when its charter was granted, much pride to the “lift" which, catching
it has been steadily increasing the spirit of the country, does not shoot in size and importance until it is to-day upward like a sky-rocket, but in a most the imperial city of Germany, and the dignified manner, slowly “rises to the most progressive one on the continent. occasion."
The push and rush that we find in our Just as one is preparing to experiment great cities is unknown here, and the with the tempting feather beds, for it is people take life in a more rational way rather a feat to be able to balance one of than we do; there is not the feverish them as a covering, a tap at the door anhaste in business or in pleasure that you nounces the respectful porter who prefind in America, while more time is given sents you with a slip of paper, pen and to home and its joys. Unlike us, the ink. The mystery of not having had to people act as if there were to be plenty register is now explained, for this innoof to-morrows after to-day, and the haste cent-looking card demands in the name with which we scurry through life gives of the police who you are, how old you place to careful, conscientious fulfilment are, what is your business in Berlin, where of every duty and comfortable recreation.
you came from, and how long you inAn American finds the people, as indivi- tend remaining. American independence duals and a nation, methodical to a degree, quickly rises to the boiling-point, but all which is almost maddening at first, but in vain, for every landlord is compelled he soon learns not only to adapt himself to see that his guests comply with the to the new mode of living, but to enjoy request, which takes the form of a comthe novel situation of being the master mand if refused. instead of the slave of time.
The next morning, you arise prepared It is evening - the railroad journey in to be astonished at everything, and are the cramped, uncomfortable cars has rather disappointed if you meet anything seemed much longer than it really is familiar. At breakfast, you will order
, and the American, inwardly rejoicing the regular German meal, and are served that the trip is at an end, alights to find with only rolls and coffee, after which, if himself in the Anhalt Station, the finest you are going to live in the city some in Berlin, and the one whose departure- time, you will take a cab to hunt a “penpavilion has the greatest breadth (two sion” or boarding house. hundred feet) of any in Europe. With These cabs are a great convenience. true American spirit, the traveller rushes It is impossible to go more than a couple for a cab, but is unable to secure one of blocks without finding a cab-stand, although there are dozens unemployed another regulation of the police, for the standing near. He soon learns that all thirty thousand cabs are numbered, and his haste has been in vain, for he must each driver is obliged to wait at, and return to one of the policemen who stand always return to, a certain corner, so that at the exit of each station, and after night or day, one is always sure to find stating what kind of a vehicle is wanted, cabs in waiting. They can be hired by receives from him a metal ticket on the course or by the hour, the fare in which is the number of a cab.
either case being so very modest that Wondering what surprise is in store custom gives the driver a small fee as a for him next, he reaches the hotel, and pour boire, or, as the Germans call it, discovers that it is not the bustling, noisy Trink Geld (drink money). There is place to which he is accustomed, but is no disputing about the price, for each more like a huge private house, with an cabman is compelled to show his tariff, army of servants ready to do one's bid- and, also, to have in his possession a ding a man to hold open the door - plan of the city, with the lengths of the another, or perhaps two, to relieve you streets clearly marked on it. If you of your satchels, for everyone travelling wish to feel luxurious, you will take one
of the first-class cabs — well-built car- Let us stop before one of these houses. riages — the drivers of which, clad in Ringing the bell, we are startled to see blue coats with white collars and shiny the door swing back as if moved by black hats, look down with contempt on ghostly hands, not a living being in sight. the drivers of second-class cabs who wear Slightly bewildered, we look about for an blue coats with "yellow" collars and explanation when the little, old man who shiny white hats. Berlin would indeed
Berlin would indeed opened the entrance by means of a spring be in a pitiable condition if it were not pokes his head out of a doorway under for this system of cabs, for in this city of the stairs, and asks us whom we want. one million, seven hundred thousand in- Woe to you, if you cannot answer his habitants, omnibuses and horse-cars are question satisfactorily, for he is the the only other means of transportation, porter of the building, and he will deny with the exception of the steam tram- you admission if you cannot give the ways to the suburbs, none of which runs name of one of its inmates. Having satoftener, however, than every quarter of isfied this Cerberus, you proceed rapidly an hour, and most of them not more fre- to mount the weary reach of nearly fourquently than every half hour.
score steps, and, panting, stand in the The first thing to be noticed as one hall-way at the top of the third flight. rides about the city is the absence of After you have been in Berlin longer, telegraph poles, - which are relegated to you will learn that such haste makes the house tops — the fine asphalt pave- waste. The frau, if you come with a ments, and the army of street-sweepers, letter of introduction, meets you most kept constantly employed, for Berlin is kindly, and before you can realize it, one of the three cleanest cities in the you are installed in a nook you can call world. This sanitary regiment has a your own. costume of its own, for the German gov- The first thing you notice on enterernment uniforms every man in its serv- ing your room is the ever-present Gerice, military or civil. In this case, the man stove, a huge porcelain arrangement, suit consists of dark trousers, long, usually placed in a corner extending from heavy white hunter's coat, belted at the the floor to the ceiling, and is as much waist, high boots, and low cap. No ma- an abiding part of the house as the wall chines are employed, but the work is itself. The day is slightly chilly, and done entirely by hand, brushes, made of your curiosity is pitched to a high key to bundles of little sticks, being used. know how that great, elephantine stove
If one expects to find here the charm can be sufficiently fed through its tiny of mediæval and historical edifices, he mouth near the floor, so you order a fire. will be disappointed, for Berlin with all The maid assures you that it is late in its attractiveness is not picturesque. the day, eleven o'clock, to build one, but There are many handsome buildings that assertion only acts as a tonic to your which have been erected during the last desire, so you instruct her to light it imfew years, such as the Reichstag, which mediately. In a few moments she rehas recently been opened, but the homes turns with an apronful of kindling and a are not homes in our sense of the word, few small bricks of coal, for Germany is for very few of the inhabitants live in the land of economy, and even the coalseparate houses, the name of "home" dust is carefully saved to be made into being given to the apartments or sets these little blocks. These few things, she of rooms in the large tenement houses puts into the same tiny cavity, and then which are finished more or less ele- disappears, leaving the stove door open. gantly.
An hour or more passes
the miserable Amidst all these human nests, it is not little handful of fuel has burned itself to difficult to find “a pension,” for each is ashes and seemingly has wasted its life, compelled by law to announce its exist- for the stove remains as cold as ever. ence by a modest little plate on the front The maid comes again, triumphantly of the house or fence, and happy is that closes the unoffending little door, and woman who can preface her name with a declares that it will get warm “by and husband's title, for the German heart bye.” The stove finally seems to realize pays homage to a General, a Doctor, a that you are casting reflections on its Professor, or any other handle of respect- ability, and the more it thinks of it, the ability.
warmer it gets until it appears to have designs on your life, for you have to open Emerging from the eastern side of the the windows in sheer self-defense. Thiergarten, you find yourself at the
But attention is diverted from the stove Brandenburg Gate, an immense arch in by the announcement of dinner. Who imitation of the Propylæa at Athens; will ever forget his first meal in the Fa- its five different passages being separated therland, especially if he does not under- by massive Doric columns. Passing stand the language?— the boiled red through this great structure of sandcabbage and sausage, while the absence stone, surmounted by a copper quadriga of butter and tea alone would make him of Victory, you come into the worldlong for “home, sweet home,” pot to famous street, Unter den Linden, so mention the cannonade of German gut- named from the rows of lime trees which turals which surround him on all sides. flank it. It is a grand street, one hunGerman to right of him — German to left dred and ninety-six feet wide, leading of him — “volleyed and thundered.” .
from the gate to the palace, a distance of When the meal ends, worn out by your one mile. On a bright afternoon, the vain attempts to catch one familiar sound, scene is a gay one, for it is not only the you are about to leave the room when handsomest and most historical part of your polite landlady informs you of a Berlin, but is also the fashionable promeGerman custom, which consists in every nade of the city. one at the table shaking hands with Guarding the eastern end of the aveevery one else, and saying “Gesegnete nue, where are situated the University of mahl zeit,” blessed meal-time, after every Berlin, the Opera House, Arsenal, and repast. Hoping the cloak of politeness Palace, is the bronze statue of Frederick may cover one of the seven deadly sins, the Great, undoubtedly the finest equesyou conform to the habit, although it trian statue in the world. has been anything but a “blessed meal- But we must hurry past the University, time” to you.
with its five thousand students, many of In order to clear your mind of the cob- whom bear on their faces and heads the webs of memory, which make you won- scars received in their student duels, to der why you ever left dear America, you the Museum, which acts as a magnet to think you will take a ride on top of one every true lover of art, for this is the of the omnibuses, just as you have done school where the greatest living artin Paris and London, for the finest view critics have been educated. Although it of a city can be obtained from these does not own the gems of art to be found
But, alas, there is disappoint- in Dresden, Munich, and Florence, its ment in store for you if you are a woman, treasures include specimens of every for these, the best places, are reserved period, arranged chronologically. Here for the men and the petticoated part of placed around the rotunda are the fahumanity must be contented with the mous friezes from the Altar of Zeus on the modest, cooped-up seats inside.
Acropolis of Pergamus, erected about But the beautiful Thiergarten, as
180 B.C. Exquisite reliefs they are, you go to walk in it next day, makes colossal in size but showing a dramatic you forget all the home-sickness which power, knowledge of the human form, change of custom has brought upon you.
richness of drapery, and attention to de The singing of the many birds, and the tail, seen in no other antique remains of leaf-whisperings of the splendid trees, all such huge size. Or if you are more inhave a familiar echo. Dotted through
Dotted through terested in “münzwesen" than you are the park, which consists of six hundred in sculpture, you may spend hours studyacres, are many monuments, one of the ing the long cases of coins, for this colhandsomest being that to Queen Louise, lection is one of the rarest, numbering the great-grandmother of the present among its priceless treasures some oblong, Emperor, and the woman whom all thick, irregular pieces of metal stamped Germany loves, as well it may, for she with a turtle on one side, and a little had not only beauty of person, but what square cut out with a hammer on the was still better, beauty of character, other. These are the oldest coins in the since it was she, who, in the midst of a world, from the island of Ægina, relics corrupt court, laid the foundation of love of the far-away time, a thousand years of home and family which is perhaps the before Christ. Or, perhaps, you care German's strongest characteristic. most for pictures. If you do, you will