The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-16

viii. These Deputies, who included among their
number the members OF tho Right the Demo
Gratis. the Socialists and some Radicals pro-
posed Ia confer ON 80, 600 electors the riRht OF
presenting a fully drafted bill which Should De
admitted 20 the people In It's original lor"
and should be inserted az II stood In the 'oh-
s%titution were Il adopted. Against 'hls p'o-
posal Il was urged that 1T would be most dan
eerous 10 allow a bill framed by an ANONYMOUS
committee TO become part OF the 'onsti.u,'o"
without giving any opportunity Tor modIHca-
ton. The least important OF laws are not maze
by the Federal Assembly without q great oea
Of work, careful study and public discussion on
both sides. The initiative by for1nuIateu oIn
allows a small group OF persons 10 ehoro"oh
on the right Of the Federal Assombly' a coh.
summation which ought TO be prevented
A a matter Of fact. the Initiative by a iully
drafted ill, the formulated initiative, as u
was termed. which had already for some time
past obtained a sympathetic reception In the
Council Of State. or Swiss Senate. was adopted
In the National Council. or Swiss House oil
Representatives on the sth OF April, 1901 by
II votes 10 es. The Federal decree on the sth
OF April, 1891. modifying the Constitution ana
enlsrging the sphere Of the popular Initiative
10 include partial revisions as well as total
was adopted on July 8 In the same year by the
people and by the ~cantons. The result was
that ISL. $50 ayes and 100. s72 noes were recorded.
In four cantons only was there n majority
against the amendment. namely, In the Two
hal-cantons Of Rural Basic and 0uter-Appen-
zell and In tho cantons Of Aargau, Thurgau
and yaud.
In the light OF the constitutional amend
ment passed In 1901 let us inspect the methods
hy which n rayfainn If tina 2viSe Federal Con-
sdtution may be brought about. We begin
with total revision. This can be effected In
three ways. First. the revision can be under
taken by the Federal Assembly and carried
out by the agreement OF the two councils tCoun-
Gil OF States and National Council), as In the
case OF an ordinary Federal law The pro-
posal for a total revision may be brought before
the Assembly. either by the Initiative OF mem
bers or by q message from the government Of a
canton. or by a message from the Federal
Council or Cabinet. The two Chambers de-
bate separately. and the bill passes from one
20 the other until an agreement Is arrived AZ.
II is only when the two houses have come 10 an
agreement on the subject Of a new Constitution
that the procedure begins to diner from that
adopted In the case OF an ordinary Federal
law. The Constitution. as drawn up by tho
Chambers. must, first. be always submitted
TO the popular vote. and. secondly, cannot
CONS into force unless It is adopted both by
a majority OF the people and by a majority OF
the cantons.
II one Chamber has voted for a total revision
and the other does not give Its assent, II IL tho
people who are called upon 10 Intervene as
sovereign. and they are 10 decide whether
a revision shall take place or not They do
not indicate. however. In what sense the re-
vision shall be undertak en-. nor what II ought
20 aim at. nor how far IL shall extend. The
question put before the electors In this case
is the general one Do you wish the Constl-
tuition 10 be revised. yes or nor II the ma
jority OF the electors taking part In the vote
support a total revision the two Chambers
then In existence are thereby dissolved. and
the work Of revision devolves upon a new
Federal Assembly. The appeal TO the people.
when made In such general terms, leaves the
Assembly entirely unfettered in drafting the
new Constitution. II has received the order
20 revise. but It can carry out that revision
as II deems best. What would happen II tho
two new Chambers could not agree upon n
scheme2 Would tho old Constitution remain
in force or would the people be again con-
suited and would the Federal Assembly be
again dissolved in the case OF an affirmative
answer? The case Is not provided for by the
Constitution. although IL might easily arise.
The division OF the CONSTITUENCIES IL SO dTbllIhTy
that II not intreauently happens that the opin-
ions OF the majority OF the Deputies do not
reflect the opinions OF the majority OF the
electors.
Should 5000 citizens sign a demand for q
total revision. tho procedure Is the same
as In the preceding case. The same prelim-
mary question Is put TO the electoral body.
and II the majority decide for a revision. a
new election Of the Council OF States and Ma
tlonal Council takes place In order 70 carry
out tho popular wish. II IL theoretically pos
sible that tho Chambers existing at the time
might agree with the demand Of the sc, 900
petitioners. In such a case a dissolution
occurring as q result OF an appeal TO the poo-
pie would be useless because the Federal As
semby undertake q revision Of the Constitu-
ton at any time on its own authority,
We como now to a partial revision embrace
ing one or moro articles Of the Swiss Federal
Constitution. This may be effected In two
ways. First. according 10 the forms pre-
scribed for Federal legislation. that Is 70 say.
by the two Chambers. Tho articles 80 revised.
however, must always be accepted by a ma
jority Of the people and a majority OF the can
tons. Secondly. a partial revision may take
place by means OF the popular initiative. which
10 defined by the Constitution as follows: A
demand presented by $4,000 Swiss voters for
the adoption Of a new article. or the repeal
or modification Of a certain specified article
Of the Constitution then IN force When
5000 electors make use OF their right Of militia
tive. they cannot include in the same pet-
ton propositions concerned with different
subjects. They must make as many distinct
demands as there are subjects 10 be revised.
The message Of the Federal Council or Cabinet
Of the 18th Of Juno. 1890. gives the reason for
this regulation: This separation Of subjects
has the advantage Of giving more liberty 10
the citizens. A demand by initiative should
not be drawn up In such . way that a citizen
who wishes for q revision on one Of the sub
jects mentioned and does not wish for a revi-
sion on others Ia. nevertheless. obliged to sign
for all or not sign at all. This method affords.
moreover. tho only effective guarantee to
the great body OF electors. who 60 to the polls
upon the initiative Of a relatively small pro-
portion OF their number. that a revision has
really been demanded by the regulation num-
Der OF qualified votes on each separate sub
ject.- Tho electors who wish TO bring about
q partial revision Of the Constitution can do
% by one OF two methods. They may de-
-..A q, o>1~xuI t&rnns that . oaxt.ln .-%tal-