The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-26
Russia's Constitution.


According to a telegram from St.
Petersburg, reformers are much dissat-
isied with the provisions OF the Consti-
tuition or fundamental law, which was
published on April "a in it's final and
official form. 1t was to be expected
that reactionists and ~bureaucrats would
do their best to minimize the concessions
outlined by the Emperor in the mani
festo Of October 30, but we repeat that
any Constitution which embodies the
principle Of representative se~lf-govern-
ment is incomparably better than none.
By the new fundamental law the
sovereign retains absolute control Of the
army and navy and of foreign relations,
including the power to declare peace
or war. There is nothing surprising
in such a reservation. Like authority
is practically exercised by FRANCIS
JOSEPH, Emperor of Austria and King
of Hungary. In the German Empire,
though it is otherwise In peace times,
the Emperor in war time controls not
only the Prussian but every other con-
tllBChV vi OiiO oiiLy " NOoAN
hardly expect the Gear NICHOLAS II. to
give up at the outset more than his
Hapsburg neighbor has even yet, after
nearly forty years Of constitutional
government, been willing to surrender.
Another subject of complaint is the
article which permits the sovereign to
keep in his hand the prerogative Of
declaring cities, districts and provinces
under martial law. That is a preroga-
tive which may be exercised by the
President of the French Republic on the
advice of a Minister, and which was
asserted even in the United States by
our Federal Executive during u civil
war. The prerogative, Of course, may
be abused, but abuse is much less
probable when the Executive power is
confronted with an elective national
assembly.
A good deal of criticism has also been
provoked, it seems, by a provision that
no law passed by the two Houses of
Parliament-the State or Imperial Duma,
and the Council Of the ~Empire-shall be
put in force until it has been approved
and published by the Senate, which is
thus made the judge of the constitu-
tionality of statutes. The function thus
delegated to the Russian Senate, which
has long been invested with judicial
powers in certain cases, is identical with
that possessed by u United States
Supreme Court, except in the particular
AIa4 Az -,,asfinn ~ Constitutional tfu ia
decided before, instead Of after, a law
becomes operative. Here again the
moral coercion to which the Senate will
be subjected by the peoples represent
atives should avail to avert any grave
miscarriage Of justice in the interpre-
tation Of the fundamental law An
other unwelcome article declares that
the right Of freedom Of residence, which
seemed to be freely granted by the
manifesto of October so, Is now sub
jected to existing regulations which
confine Jews within a certain pale, and
practically chain the mass Of peasants
to the glebe. It will be the fault Of the
Parliament if the regulations are not
changed, for its right to change them is
not disputed. Some criticism is also
levelled against q clause prohibiting
Parliament from interfering with the
expenditures Of the court or with allow
ances made to members Of the imperial
family unless these exceed the amounts
which will be included in the budget Of
1906. That is q mere matter of detail.
If Parliament sees fit to approve Of
proposed appropriations for a civil list
it can afford to leave the disbursement
of them to the b~enefciaries. No SOW
ereign could be expected to submit to
a minute auditing Of his household ac-
counts.
With the prevailing popular distrust
of the Government, it might have been
foreseen that misgiving would be ex-
cited by the clause of the Constitution
empowering the Emperor to dissolve
Parliament and order new elections,
while at the same time no provision is
made for fixing a time in which the new
Parliament must convene. The omis-
sion is a suspicious one, and tbs peoples
representatives will be justified in trying
to correct it at the'earliest possible date.
1t is just as well to remember, however,
that in England, the mother Of Parlia-
ments, as late at the first half Of the sew
enteenth century the sovereign could
not only dissolve q Parliament but post.
pone calling another as long as he liked.
An interval Of many years elapsed be-
tween two OF the Parliaments held in
the reign of CHARLES l. Nevertheless,
public opinion and his wi pecuniary
necessities compelled him to call one in
the end, to his own complete discom-
future.
There is one cardinal provision OF
the Constitution published on April "A
which, in point of prospective value,
more than compensates for all the I'M
acceptable features. We refer to the
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