The sun., 1891-11-15


chosen by the Legislature. but being irremov-
able. they are Independent Of their creator.
They are really responsible to tho people
alone. who at the end Of three years may re-
turn Legislature opposed to the reelection
OF any member OF the Federal Council.
.. w.
Last In order and lowest in importance Of the
three branches Of tho Swiss Federal Govern
ment is the Bundesge gericht. or Federal Tribunal
which. although originally set up In 1913 dates
in its present form from 1874. Previously to
1873 there existed only two methods for
peaceably settling disputes among members
Of the confederation. to wit, friendly remon-
STRANGE and arbitration. Tho former was the
plan adopted in the two earliest treaties Of alli
| ance.namely. 1921 and 1915. When dissensions
arose between two or more Of the three parties
to those treaties. the Witan. or wise men OF
the cantons. met together to heal the quarrel
according to tho rules OF equity II
either. party refused to accept their
decision. tho other eonfederates enforced
obedience. Tho principle OF arbitration was
first recognized In 1851. when Zurich
Joined the league. and 1t came to be
practically the sole method employed for al
laying dissensions down to 17Ga The ar
rangements regarding the mode Of choosing
arbitrators. the number Of them. and the place
Of meeting varied according to the stipula-
lions contained in tho various treaties by
which new cantons were sucoessively ad-
mitted into the confederation. During the ex-
istence Of the Helvetic republic. and also un-
der Nspoleon's Act OF Mediation. there was
central Judiciary along with central Execu-
tive and Legislature. With the reversion.
however. to the ancient state Of things
under the Federal Pact OF 1915. the arbitra-
ton system was restored. although in elabo-
rate regulations. and 1t subsisted until
164a By tho Constitution framed in that
year a Federal Court was created with
jurisdiction in civil and criminal cases.
and also q limited jurisdiction where
rights guaranteed by the Constitution were
alleged to have been infringed. provided the
Federal Legislature referred to It such in
fringements. There was an appeal from It on
questions Of public law to tho Federal Council.
from which there was further appeal to the
Federal Assembly. II the two Chambers
agreed the decision was final: II they dis
agreed the decision OF the Federal Council
prevailed. This system was found unsatis-
factory. and when the Constitution was revised
In 1874 this and many other defects were in q
measure remedied. At present there Is a
Federal Tribunal for the administration Of
ton. There is q special provision for jury
trial in criminal cases. but a prisoner is ao-
quilted or condemned by a majority Of ten out
Of the twelve jurors The nine members Of
the Federal Tribunal. and their nine alter
mates, are chosen by the Federal Assembly for
the term Of six years. care being taken that all
three OF the national languages. German.
French. and Italian. shall be adequately rep
resented. Each Judge has salary Of $4,000
per annum. the presiding or Chief Justice re-
oeiving 5000 In addition. When absent on off,
cisl business from the seat OF the court the
Judges are paid So day extra as travelling
allowance. We may add that the vacations Of
the court cannot exceed four weeks In year.
AJudge. moreover. Is disqualified from sitting
In any case to which the canton or commune
in which he was born Is q party.
Any Swiss citizen who is eligible to the Ma
donal Council may be chosen to the Federal
Tribunal He need not be lawyer. and fire.
Quently Is not From this point Of view the
Swiss Federal Tribunal offers some analogy to
the New Jersey Court Of Pardons and Appeals.
The only exceptions to the general rule Of
eligibility to the Federal Court are members Of
tho Federal Assembly or Federal Council. or
officials appointed by these authorities. The
jurisdiction OF the Federal Tribunal extends
to civil cases. first between the confederation
on the one part and corporations or private
persons on the other part. and secondly be-
tween cantons. or between cantons on the ono
part and corporations or private persons on the
other part. The Federal Tribunal Is also impow-
cred to decide other cases than those specified
upon the demand OF both parties to the suit, and
when the amount involved is OF . certain fixed
degree Of Importance. The criminal jurisdic-
ton OF the Federal Court covers cases involv-
ing high treason against the confederation. or
rebellion or violent demonstrations against
the Federal authority. Its scope also compre-
hends crime and misdemeanors against inter-
national law. and also such political offences
% are the cause or result OF disturbances call
ing for armed Federal Intervention. The Fed
eral Court, moreover. takes cognizancs Of
charges against officials appointed by Feder-
al authority. upon the application Of the latter
In all the aforementioned cases the Federal
Tribunal must apply the laws passed by the
Federal Assembly and such resolutions as have
o general import: It cannot refuse to apply
them on the SCORE OF their imputed violation OF
the Constitution. To the Federal Council and
Federal Assembly Is also reserved jurisdic-
tion over disputes respecting public primary
schools OF the cantons. liberty OF commerce and
trade. religious controversies relating to mat
ters OF public law. questions as to the calling
out OF the cantonal militia. or relating to the
enforcement OF import duties and taxes on
consumption. to exemption from military ser
vice. and to the validity Of cantonnl elections
and votes. Thus IL wide field OF judicial action
is in Switzerland withheld from the sphere OF
the Federal court: 1t seems. indeed. that there
has always existed In that country a strong
current OF opinion that Federal tribunal
should be occupied exclusively with questions
Of public law. From what has been here said
1t is obvious that the Swiss Federal tribunal
differs from tho United States Supreme Court
In that it is u nero instrument OF the other
organs OF government. instead OF being a
mediator between them, or even a superior
above them. 1t is subordinate rather than CO.
ordinate.
VII.
The distinctive feature Of the Swiss Federal
Government IL the remarkable institution
known as the referendum. or direct reference TO
the will OF the people considered as q hna,
Court OF Appeal 1t has a double function.