The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-24
THE POLITICAL CRISIS ~ Hun
GARY.

| pointed zen. reJeTNaTy as fT6tnueT OI nun
gary, This appointment Of Fejervary ex.
cited great bitterness In Hungary, and not
without reason. His personality does not
suggest any confidence to the Hungarian
people, who struggle for their rights. the
construction OF a Magyar national State,
and absolute independence.
Nevertheless, 1t is perfectly true that his
appointment does not violate the Hun
Rarian Constitution. In Hungary the Gov
eminent can be constitutional or nom
constitutional. The Government is con-
stitutional when it derives its power from
the King, according to the regulations Of
the Constitution, and II 1t works in strict
accordance with these regulations The
power Of such Government depends either
upon the support Of the majority in Parlia-
ment or only upon the confidence OF the
King This Government remains consti-
tutional, even II It violates the laws in one
respect or another, so long az Parliament
has the right Of holding the Government
responsible, or has power to outvote, at
tack or arraign it. To a constitutional
| Government nsfther the citizens nor the
authorities OF the counties can fail to give
obedience, except in few cases specified
by law. Such Government. therefore, can
collect taxes or levy men for the army. even
il these are not voted for by Parliament.
provided the citizens pay their taxes or
serve as soldiers Of their own accord. The
Government is constitutional. even II it is
not pariamentarian. because 1t Is appointed
by the constitutional factor. in a constitu-
tional manner, acts within the regulations
| Of the Constitution and does not endanger
the safeguards Of the Constitution by maxi
ing it possible for Parliament to hold the
Government responsible for its actions.
| But az soon as Parliament Is deprived Of
this right the Government becomes nom
constitutional. 1t becomes such when IL
forces the taxes not voted for by Parlia-
ment 10 be collected, and the men to be
levied for the army without the permission
Of Parliament also II it forces the enact
ment of orders which pertain TO the sphere
OF the authorities of the counties; when it
makes it impossible for Parliament to hold
the Government responsible by counter
signing the dissolution or adjourning Of
Parliament at time when the Government
is not authorized to meet State expenses,
or when IL is expressly forbidden to do so;
IL the Parliament thus dissolved is not called
by the King within the time specified by
House Of Commons is prohibited from ar
raigning the Government or presenting
bills bv causing the dissolution or adjourn
ment aforesaid.
The original constitutional Government
becomes non unconstitutional because it at
tacks the safeguards OF the Constitution or
makes it impossible for Parliament to hold
the Government responsible. The Govern
al 49,.
even it does not violate the laws, II accord
ing to the third law Of ls+s and the seventh
law Of 1857. this is constituted OF men not
appointed by Ministerial countersigning.
OF men who are not Ministers, or OF men who
are not appointed by the King, The King
can exercise his executive power by re-
sponsible Ministers only il, therefore, he
does not appoint Ministers, his orders, APP
pointments or commands are not valid.
because they are not countersgned by
responsible Ministers and in Hungary
nobody but the King can exercise
the executive power with Ministers.
Finally tbs Government is considered
non unconstitutional if it has been ap-
pointed by a King not crowned by Parla-
ment within six months after the death
of his predecessor, because the third law
of the year 17a, absolutely requires that the
coronation shall take place within six
months.
The non unconstitutional Government can
not be considered as the legal representa-
tive Of the Hungarian State and the Hun
garian King and thus is not authorized to
enact laws, TO give out orders, to counsel
the King, to countersign and execute royal
decisions and orders. From this it follows
that no citizen. royal authority or officer
has to obey a unconstitutional Govern
ment. With respect to the orders of such
a Government concerning not only the il
legal collection OF taxes and the illegal re-
cruiting Of soldiers. but any other orders,
the authorities Of every county can behave
as though they were the orders of another
legal authority. j. e.. they can offer passive
resistance. No citizen Is authorized to
offer any active resistance to any authority
acting in the name of the Hungarian King,
but every one is entitled, and even obliged,
not to cooperate with the execution Of suoh
orders. and to obey only force, and even
then he should tolerate whatsoever is done
to him
This right OF passive resistance ia there
fore such powerful weapon of the Hun
garian nation that. if employed at the right
time and in the proper manner, every forca
and unconstitutional power can be checked
by ii. II, therefore, Hungary cannot be
governed in a unconstitutional manner,
it is natural that it must be governed in
accordance with the Constitution, because
somehow or other il must be governed.
There is no danger in the Fejervary
Cabinet, il the nation is determined to be-
have toward the Government as demanded
by the spirit and regulations Of the Con-
sttution. Baron Fejervary and mis- Cabinet
took the oath Of Office before King Francis
Joseph on June 49, According to the
official press. he declared that the Cabi-
net under his leadership is only an admins
trative one, a transitory one In no way,
he promised, will he provoke the nation.
He does not ask for budget. He will not
recruit or collect taxes. All he undertakes
is to make a proclamation to the nation to
pay the taxes by its own will. and to appeal
to the young men who have to serve in the
army to do 30 Of their own accord.
Az we see. Fejervary's program does not
yet offend the Constitution. The Govern
ment therefore Ia constitutional. II the
Fejervary Cabinet will keep its promise,