The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-09-20

o, the Federal Cabinet In the United statei
are answerable for their political conduct tn nc
one but the President. and upon him theil
tenure depends. In switZeilaad. on the oihel
hand. the Federal Cabinet Is q creation OF the
Federal Legislature. and each Secretary hold:
/ q separate commission. Tenure OF office Is moi
derendeuton the President, but is fixed by the
Constitution for definite term OF years
Reelection lie possible. but always at the hands
| OF o new I legislature. Practically. Cabinets In
America have q fixed term OF four years. hut In
Switzerland faithful Official hee n lega! claim
upon three years tenure Of which hc may
not be deprived except by do rec Of court Nor
Is this Ministry which rises and fans with the
measures which 1t advocates. Herein it differs
from Ministry under Durely Parlia-
mentary Governments 1t. is usually elect
ed by the party OF the majority.
but does not ienl called upon to res On when
one OF It's bills fails to pass. The self-respect
OF Ministers is not called In question. because
they wore elected for the very purpose OF CIV
ing their honest opinion on Legislative pro-
posals. Aud II this opinion docs not agree
with that OF the legislature they prepare bills
which will be moro acceptable. Men who
have proved capable administrators are kent
In ONCE term after term. or The Cabinet OF
1889 one had been in service since 1863 an.
other since 1865. aud nearly all moro than ono
term. 1t 10 obvious that under such regime
Cabinet crisis Is out OF the auesti n. No
doubt tho long tenure OF Cabinet office has
or some shAio OF 1t, has been In power most
OF the time. but partieo have not always up
held the projects Of their own Ministers. and
yet. when their terms expire. have given them
a reelection.
The Federal Supreme Court OF Switzerland
or Euniesger'c,L "a now constituted, consists
OF nine Judges aud nine alternntes. all OF whom
a-e elected by the Federal Assembly for 'erms
OF SIX years. None OF them need be lawyers. Tho
election f. open to any Swiss citizen who Is
qualified to sit In tho National Council. but In
making choice tn. Legislature must see that
oil three national languages are represented
end that the judges are in no way related to
each other. A President and Vice. President
OF the Supreme Court are chosen from among
the Judges for terms OF two years. The alter.
mates are persons called In on occasions
where tho regular judges arc unable to
serve. Judges salary is $4,000
yenr. with 1900 additional for the President
during his term. The alternntes nre
raid Ger diem. In ono aspect the Swiss Fed
eral Court differs widely from that OF the
United States. In the Inter the constitut on
atty OF tho laws even OF Congress can lie
brought in question. and IL such statutes do
not nRree with the Federal charter they are
declared invalid. In swi zerland. on tho
other hand. as in Great Britain. the Supreme
Court can only move within tho limit set by !
the Legislature. The Federal Assembly is |
declared to be the sole judge OF the consti,u- |!
tionality of its measures. Mr.. Vincent does /
DOT fall to SEQ that while such a principle
In In rfrv bo,,
written Constitution. iI is doubtful whether
The Swiss are SO secure in their cons ttutional
rights as they would be under the control OF
IN independent judicial body.
v.
The capital pointin which tho Swiss Federal
organic law differs from the Constitution OF
he United States. and from all analogous
constitutions. Is in the curious Institution of
he Refersndom. In other countries tho acts
" the central Legislature become laws forth
With on the date appointed in the publication.
n Switzerland alone there Is another power
o DO heard from before a measure can be
ruly said to have been enacted. For ninety
lays Federal law may b said to be on pro.
'ation. for II within that time q sufficiently
representative body OF citizens 80 demand, n l.
popular vote must be ordered and the accent
nee or re-sction OF q measure decided BY
uas AL inWs NOT OF an urgent ma
ure" are published Immediately after their
'assaee sufficient number Of copies being
ent to the Government Of each canton And
Or ninety days submitted to an inspection.
he question, as to whether bill is urgent or
ot Is decided by the Federal Legislature
sell. and. II 1t Is. the Federal Council IL or.
cred to put tho same in force ut once. But II
Is an ordinary law. and during tho period OF
rotation 3O.OOO citizens petition for q popu.
v vote. the bill must be submitted to that or.
cal. 1.-THE request como from the LeoIsls.
nre OF eight cRntons the effect is the same.
he request for a. referendum takes the form OF 4
written petition addressed to the Federal
ouno,l, the petitioners signing the paper
ith their own hands AMI proving their right
} vote before the proper officers. On recsiy.
" the requisite number OF signatures the
ederal Council orders general vote. notifies
10 various cantonal or State Governments.
nd provides for general publication OF the
III or resolution. Tho date OF tho vote
tnnot lie less than four weeks after tho an.
ounoement. and must take place on the Same
~ for tho whole Confederation. liza major
oft6e whole votes cast in the required num-
Or OF cantons are In favor OF the law. Il ia I
'cepted. and the Federal Council orders It to {
placed on tho statute book. A contrary
'te puts stop to Its execution. In case no I
'''ion - supulitteu the Federal Council An. | I
ounces this fact at the expiration OF the nine. I
days and the bill becomes law. 1t docs {
1t appear that this institution. involving tho !
rect Intervention Of tho voters In legislation. c
IS been abused In Switzerland. Less than !
1enty per cent. OF tho laws coming under the {
lie have been submitted to popular vote. {
ough 1t would seem as il most Of these were
Ned out only to be rejected.
30 lar We have spoken only Of the application g
the Referendum 10 ordinary legislation, But I
Is singular institution is OF much wider I
ops. The Federal Constitution 1 self ia Q
sctcd for no definite perIod. and only exists. !
to sneak. during good behavior. A revision Q
the federal organic law is made by the Fed. I
al Assembly whom both Houses agree that =
ch procedure Is necessary or when flftv 8
orsand voters demand 1t. When ono Houss 1
the Legislature vo,es for revision. and tho
her fails to agree to II. or in case $4,000 yoters
mand change but the Assembly does NOT =
upon 1t. the question mustb be submitted n u
pular voie and If a majority Of citlzons noraa u
have the Constitution amended both the Na. y
'nul Council and the ouncil of Stntos NM. ~