New-York tribune., 1906-10-31
I'm analysis Of the Constitution OF
the German Empire.

DR. towards consideration OF ltle
Empire from a tristic standpoint is notable
alike for fits completeness and its succinctness-
In four hundred pages Of loaded type Of pleas
antlv readable size he expounds in detail the
Imperial Constitution, which. printed in fun
Forms the thirteenth chapter of his book be
ginning with q brief survey OF the founding O.
the empire and tracing its historical re!atoii
10 the North German Bund, the German Con-
federation and tho Holy Roman Empire he de-
votes ten chapters TO study OF the funcIlois
o. the constituted government and their aPPi-
cation under the heads, respectively OF inc
Kaiser. The Bcndesrat, The Reichstag' Imperial
legislation, The Imperial Chancellor Cl'lzeh-
shin Under the German Constitution The Ju-
a,ctsl O-ganizatio. OF the Empire, Alsace-Lor-
rs,ne ir It's Relation to the Empire. The Corsti-
-,r-,ou an6 Imperial Finance, and The Armed
Forces OF the Empire. Under these heads he
clearly and conciseiy defines the source ana
nature Of German sovereignty, the relation OF
the states 10 the empire, OF the citizen to the
STATE and to tie central government, and OF the
Kaiser 70 ali
Essentially simple in its fundamental organi-
tation the functions OF the government are
complicated in their operations by the many
executions and limitations imposed by the
agreements entered into with the states south
Of the Afai.. upon their admission TO the empire
bv the preponderating size and influence OF
Prussia and by the acquisition Of Alsace-Lor-
rsfne as q territorial dependency Of the federal
state The subject is one which is peculiarly
fascinating 10 the student OF American consu-
tutional history and institutions as well on ac-
count Of the Ikenesses as Of the differences
which exist between the two instruments and
the principles which they represent. DR.. How
ard approaches his task with directnozs. He
makes his explanations with lucidity and with
an unusual freedom from technicalties. treat
Ing each topic with well rounded completeness.
AS often as may be necessary he restates the
principles which apply in each separate case
so that the chapters may be read understand
tngly by one seeking Information on any special
topic without reference TO what goes berore or
may follow after. Where differences of opinion
ar held by German publicists in regard to ths
Interpretation Of certain clauses Of the consti-
tuition. the author quotes freely from their
writings. exhibiting great perspicacity IN get
ting al the gist of the subject and throwing the
weight Of a we'll balanced judgment in favor Of
what appears TO him 10 be the logical and his
torical determination Of the point at issue.
Although in name and outward form the gov
ernneut in Germany is nnonarchical, it is in its
origin and organization confederation Of sep
erate states. IN which the idea Of the sovereignty
q the separate members Of the union is even
more definitely recognized than IN the Of
empire is an outgrowth OF the German Confeder-
alton but legally II is a continuation of the
North German Bund. The Bund came into ex-
isence with the assents given TO the constitution
agreed upon by the plenipotent:tries Of the Con-
federation under the terms Of the treaty Of Aug
ust 1895 and with the publication OF the new
constitution The author emphasizes the fact
that II the case OF the Bund the publication Of
the constitution. by which what had a
league became a state was not act OF legis-
tation, the act which created the Bund being
the sum total OF the legislative acts Of the twen-
ry-two several states. In other words "the
North German Bund brought its constitution
with Il into the world"
The admission OF the South German states ind
the change OF the style of the state from Bund 20
Empire rendered revision Of the constitution
necessary. THE documents upon which the state
rested were scattered through the old constitu-
ton and through several treaties and conventions
between the Bunc and the individual states"
When these had been brought into one complete
instrument, the draft OF the imperial con-
Ftitution was adopted by the Reichstag and pub
lished as an imperial law, on April 16 1871. The
present imperial constitution. accordingly, is
shown 70 differ from that Of the Bund in being
not q contract nor an identical state law but
law u the empire The important point TO be rec
ogrtzed is that all the acts leading up TO the
erection Of the federal state We're acts of the
states as personalities In entering the Bund they
eave up their sovereignty. II is true but not their
existence as states. The German Empire is not
z -rlristic person composed Of ffty-six million
members. put Of twenty-five members" That is
i Is q state constructed out Of states. each one
os 4, hich. in becoming member of, or affiliated
with The F3und gave up its sovereignty. recetv-
fnr therefor. as Bismarck expressed II, "a share
- --e ioir+ Sovereignty Of the empire The
powers Of the empire are specifically defined 1T
may enlarge these powers. but until IL does. the
sre-e enjoys 3 free nd. The sovereign
gower lies with the e7apire and comes to ex-
preston IN the totality OF the allied
gorernments.' regarded as a single personality
II other words. in the Bul.desrat."
While there is a general resemblance between
the Bcndesrat and the United States Senate IN
tha. the members are representative of the indi-
VtCUal states as states, they do vote as in
c:v.Guals. but under instructions given by the
governments OF the states 70 which they belong
The vote is the vote Of the state. Hence the
Unit rule prevails. each delegation voting solid
vote" Thus, while al organ Of legislation
The BUrdesrat has no power Of deIiberation and
Is no., il the usual sense, upper house" II
Terfor,ns the functions which usually fall 10
such body, In the Reichstag however state
lines are ignored, and the unitary element Of the
empire is emphasized. Each delegate repre-
sents the whole people Of the empire" Yet. as
the people OF the empire DO not constitute a
;urtstic person, the Reichstag cannot represent
the people as q corporate body. It IS only rep
resentative Of The people in the sense that every
Individual citizen Of the empire who enjoys the
night Of suffrage may take part in the constitu-
ton ot this organ Of the empire"