Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-19

employed to effect q virtual referendum
Of a question on which the government
nay be in fear of being outvoted. No
account OF the executive department of
the German government which ignored
the cmperor's right-hand man and
proxy would be adequate. The office is
an ancient one, but Bismarck knew
how in the framing of the constitution
10 give 1t n new Importance. The chan
ceilor is appointed by the emperor and
removed at his pleasure. If the head
Of the state is ambitious to conduct af-
fairs himself he may place in the chan
ccllOr's Office an obsequious and plant
tool. If. like William l.. he be a soldier,
he can intrust political affairs to a Bis
marcit and give him the reins to drive
where he Will. Circumstances might
force a weaklnG prince to turn over
every real power TO an ambitious chan
cel1Or and make him mayor of the
palace.
The chancellor heads the Prussian
delegation in the council; he prcsidcs
over that body and countcrsigns MI
laws and regulations before they can
take effect. The section of the consti-
luton imposing this duty of counter
signing laws concludes with the words
who, thereby, becomes responsible for
their execution" This clause does not
make the chancellor responsible to the
legislature. for it has no power TO i'm
peach. 1t adds nothing to his respon-
s!bility TO the emperor, for he changes
his chanceliors Mt pleasure. The in
tended and actual effect OF the clause
is to place the adminstrat ton in all its
departments in the hands OF the cham
cellor. saving certain reservations re.
garding the army.
Tho judiciary is Il branch OF the i'm
perial administration. and not. as al
nd 1t.
Dranch OF tripartite government The
constitution provides for one court on
y-the Supreme Court of the Empire
II sits at I.eipsic. There are eighteen
judges appointed for life and at large
by the emperor. Their duties are di-
vided among groups called "senates."
The court has original jurisdiction in
cases of treason against the empire but
IL is otherwise an appellate tribunal Il
has no power to declare laws unconsti,
tutional. There is in Germany no such
distinction between constitution and
statute as has grown up in the United
States. statute is just as mach SUI
preme law Of Germany rs is a section
of the constitution. The question of
constitutionality" of law therefore
cannot be raised
All other German courts are state
courts. OF which there ia the customary
tnree-story arrangement OF local courts
district courts nnd superior courts
from the superior court appeal Hes to
The supreme Court OF the Empire The
striking popularity of the judicial sys-
TEN Is that the courts. with the one OK
ccption noted. are state courts created
ny state law. whose Judges are state an
rointecs election of judge; being as Vet
unknown) The imperial Legislature has
the right to determine their procedure
and to enact laws to protect private
rights and punish crim.. which. as on
acted. supersede corresponding state
law
~ code Of criminal law uniform for
the empire has been established. also
another of commercial law: and civil.
code has been enacted to como into Of
feet January l, 1900. Trial By jury of
twelve mon is an ancient institution
still surviving
The German empire is not a mere
loose confederation. Like the United
states OF America. 1t is a rational
union. an "indissoluhlc union Of ind.
st,nctihle states" Its laws take prcce
dence over those of the state rela ting 10
the same matters. a revolving or II, .du-
tliul state can be coerced under mill
tary power. STILL like our own. this M
tional government is limited in lis now
ers by the terms of the constitution to
objects OF general welfare.
:. me taxing power of the cmn!rc IS
limited to customs and to cxciros on
Hfit ana ton1cco. brandy and hecr beet
sugar and sirup. To meet Dorv'hlo do
hcit or revenue tho states may b. called
upon Tor pro rata contributions While
the imperial government regulates the
coming Of money. the states ara allow
ed 10 operate minis. or tho % 001 milo.
or railway all hut $500 are owned bv
inc empire or the states nd all are
wholly under the control Of the imperial
administration. The ST 900 miles Of to,
eRraph also belong to the government
inc chief merit of the German CON
Sutution is that. growing out of the
needs ana aspirations OF the German
people. 1t gave them n national GOV
crnmcrt. Since it's abortion Gornnanv
term.
Its capital defect is that ii contains
no constitution of liberty" II has no
bill Of rights to assert the immuni,ies
OF citizens against tho government. If
IS probably sufficiently democratic for
Will il remain COZ A'N'