The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-17
CAUSE OF THE CRISIS.
of Deputies Trying to Over
ride the OunciI of State.

FlOc the Council OF state.
Chicago Inter Ocean.
The present Cabinet crisis in France
turns on a constitutional question that is
as interesting as it may be significant. The
Minister OF Public Works resigned his Of
flee because the Council of State dec:ded
against him in the matter of guaranteeing
the interest of certain railway lines. The
government held that the guaranty of these
bonds would expire in 1914, while the rail-
way companies commended that the guaranty
was perpetual. The Minister of Public
Works ordered the directors to indorse their
bonds SO that the guaranty would expire
in 1914; the directors refused and appealed
to the Council of State. The council de-
cided that the guaranty was perpetual.
The question was then carried before the
Chamber of Deputies, the point at issue be-
ing the right of the government to appeal
to the Council of State in such cases or in
any case. The majority in the Chamber
take the position that the appeal should
have been to the Chamber itself and not to
the Council. The government contended
that the Chamber had recognized the COM
petence of the State to decide the ques-
ton, that the decision had been made and
could not be disregarded; that the Council
of State had decided a question of princi-
pie. The radical leaders held that the in
depreciation placed by the government on
the decision of the Council was erroneous
and a motion to the effect that the govern
ment adhere to the doctrine of the separa-
ton of powers and noninterference OF the
Chamber with the Judicial functions of the
Council OF State was lost and the Ministers
resigned. lrsfar
If the Council aof State is the court OF
Court ap Of the United Z sefs States sna' is. thea the
position of the majority in the
would be unconstitutional and revolution
arX The IA ala n no nIG of ram
resentatives in this country overriding or
protesting against a decision of the Su-
Congress would be simply absurd; but the
Constitution, of the United States con-
the executive, the legislative and the
judicial, and the powers of each are SO
e,early defined in the Constitution that
there can be no dispute as to the province
anu power or the supreme Court.
In France, however, the tendency of rad
icaiism has always deem towara o4e pa.aa-
mentary body supreme in all the functions
of government. The present constitution
menrs that have been made have further
modified the constitution on what may be
called the American model. There has been
resistance to all attempts to abolish the
Senate and limit the powers of the execu-
i've, and up to- tnis lElzne The relations of
to the Chamber of Deputies have not been
clearly defined. The contention of the gov
eminent IN this case is that the Council of
State is made by the constitution the court
of last appeal, and that the Chamber of
Deputies is not. superior to the courts of
France. The majority in the Chamber of
Deputies resist this Interpretation CT the
constitution, and the discussion will prob
ably result in a clearer definition of the
judiciary that will be TO the benefit of the
French republic. F
The Council of State was organized in the
first empire. Its duty was to assist the EN-
peror in preparing bills and adninistrativ
DEGREES, to watch the passing of bills
through Parliament and to generally control
the public administration. It was reorgan-
lied under the constitution of 1875, and has,
in addition TO a general superintendent OF
the administrative departments, regulative
functions in matters of appeal, but its au-
thority in the matter of legislation is re-
stricted. Its more important functions are
those which deal with petitions against re-
| return of members of the Councils General,
and with appeals from the councils Of pre-
lecture or the colonial council on petitions
against the return of Senator's. In this case
it has been called upon to decide a ques-
ton at issue between the government and
a corporation. The contention on one
hand is that the government erred in sub
hitting any such question to the Council
on the other hand that there was no other
course open to the government under the
constitution. This opens up a question tina
will bring about a pretty strict allignmen,
on one side of those who from the first
have been inclined toward the American
model. and on the other of those who have
all the tine been in favor Of a stronger
and single parliamentary body.