The sun., 1891-11-15


confederation. Tho Council Of States has no
special executive powers apart from the Ma
tional Council. such as are vested In the
United States Senate. II Ia simply co6rdi-
nate branch OF the Federal Legislature.
right OF initiative belongs to each house and
to each member Of IL In practice. however. q
shade Of consequence and dignity attaches to
the National Council. II Is designated frst in
order By the Constitution. aud when the two
houses are in Joint session the Presi-
dent Of tho National Council takes the
chair As matter Of fact, tho moro
ambitious and active men in political
life are to be found in the National
Council. and from this body tho members OF
the Federal Council or Bwiss Executive.
are almost always chosen. A somewhat SIM
liar state OF things seems to have been
expected by the trainers Of our Federal or
eanic law. and for some years after our Con-
stitution went into force men Of mark and In
duence Rravifated toward our House OF Repre-
sentatives. A broad distinction between the
Swiss Federal Assembly and the American
Congress- IL the judicial authority vested in
the former assembly. The latter body has q
general supervision OF the Federal courts
appeals may be made to It from the decisions
Of the Federal Council upon conflicts Of juris-
dictlon between Federal authorities: sub
mitted to II for approval. also, arc all treaties
made by the cantons between themselves or
ION purely commercial subjects) with foreign
powers. provided objection 10 raised to them by
tho Federal Council or by another canton. It
is the final arbiter on all questions as to the
respective jurisdiction Of the executive and the
Federal court No veto can override It's will
nor can any judicial power dispute tho
constitutionality Of its statutes. 80 far as
the Judiciary is concerned. the Federal
Legislatures construction Of tho Con-
stitution Is final: its acts form the law which
the courts must execute. Ostensibly. there
fore. the Swiss Federal Assembly exercises o
power more comprehensive and conclusive
than that delegated to any other legislative
body. There Is. however, a constant aud effl-
cient check on it through the operation OF the
referendum. or reference OF its acts to the peo-
pie for ratifcation-an institution to which we
shall presently revert. In the mean time. We
need only say that in the absence Of the refer
end,m the Swiss Federal Assembly would
be far more powerful body than the
Congress OF the United States. while as
things are It is much weaker. One
point Of likeness should be mentioned. that
neither the Swiss nor the American Constitu-
ton vests anywhere power Of dissovine the
Legislative body. The members Of the Swiss
National Council are chosen. as We have
seen. for q fixed term OF three years.
and the members Of the Council Of
States for the fixed term OF one. two. or three
years. according as their cantons may deter
mine. A point OF difference is that although
every member Of the Swiss Legislature has
the right OF initiating legislation. he cannot
himself introduce bill. II his proposal is &C.
cepted By his chamber. it is referred to the
Federal Council. or executive. by which the
hi! 10 drafted and presented Moreover. the
Federal Council. unlike tho American execu-
tive. has the right OF presenting bills upon It's
own initiative.
v.
: Weoor1S DOW to the Swiss executive, which
DIVORCES broadly from the American model.
though it finds an imperfect analogue in tho
administrative arrangements adopted by our
old Congress under tho Articles Of Confedera-
tion. Tho Swiss Federal Council. in which tho
executive powers are vested. differs as much
from an English Ministry on the one hand as
1t does from an American President and Cabi-
net on the other Tho Swiss Constitution pro-
vides no executive head In the sense In which
the term is applicable to the President Of the
United States: there is practically no such func-
tionary. In Switzerland the executive power
is delegated to no single man: 1t may be called
impersonal: 1t is. SO to speak. placed In oom-
mission. Consequently there is nothing
about It to invite homage or abase-
ment: no rag OF monarchial traditions can
adhere to 1t. This will be evident from tho
terms In which the organization. powers, and
duties OF the Federal Council are defined. We
observe. first, that the Swiss Constitution del
egntes the supreme direction and executive
authority OF the Confederation to Federal
Council consisting Of seven members. who are
chosen by the Federal Assembly for the term
OF three years from among all Swiss citizens
eligible to the National Council. 1t being pro-
vded. however. that not more than one men,
Dor shal! be chosen from tho same canton.
After evory general election for the National
Council-that is to say. once in three years
the Federal Council also Is entirely renewed.
Ad interim vacancies. however. may be filed
for the rest OF the term at the ensuing session
of the Federal Assembly. It is further enacted
that the members OF the Federal Council shall
not during their term Of Office hold any other
Office. either in the service Of the Confedera-
tion or Of O canton. or follow any other pur-
suit, or exercise profession. We
have said TINT all bills discussed in
either House OF tho Federal Assembly
must havo been presented by the Federal
Council. The members OF the last-named
body ALSO have the right to take part in the
discussions and to make motions in either
House OF the Federal Assembly. but they have
not tho right to vote. The business OF the Fed-
sral Council Is distributed by departments
among its members. but every decision
must emanate from the Council as q
body. four members constituting q quorum.
The salaries paid to the members OF tho Swiss
executive seom Insignificant when compared
with the compensation awarded for like
services In other countries. Each Coun-
cillor receives an annual salary Of $2.316. the
presiding officer. Of whom more presently. be-
ing allowed an additional $500 for the expense
Of official entertainments. The entiro annual
forthe maintenance OF the Swiss
executive department does not exceed $1,000
The so-called President OF the Swiss Confsd-
Grafton Is simply the presiding officer OF tho
Federal Council. 10 ia chosen from among
the members OF that body for the term Of one
year by the Federal Assembly. and he Is not
eligible for the same Office during the ensuing
year. He Is merely the Chairman for a twelve
month Of an executive committee. and he can
not therefore In any sense be looked upon az
kha aS,s ,snH oS no,