TaÌˆgliche Omaha tribuÌˆne. [volume] (Omaha, Nebr.) 1912-1926, 1915-02-06

nealtt hfe cgsnfdtndtc branches, but
the unique feature OF the German gov
eminent is IN The Bundesrat, for the
Reiehstag does not differ materially
from the lower house OF other re-
publies. Il is elected by districts and
the voters must be Is years OF age,
but no property qualification is de-
manded. B%ankrupts, incompetents,
paupefs and those who have forfeited
their civil rights are not permitted 20
vote, and as > preeaulion against what
We term IN America "miitafism' sol
diers in Germany eannot vote during
the period Of their active service.
Thus German officers in service have
no votes and they have no power and
but little influence outside Of the
army.
The Great Secret Of German Progress
The great secret Of German prog
rcss is to be found In the powers OF
the Bundesrat, In which are united
the executive, the legislative and the
judicial functions.
This is IN absolute contradistinction
to the American system, and Il may
seem surprising to an American that
a republic can be conducted under
such a form Of government, the Am
erican conception being based upon
the distinct division OF these func-
tions. The president is the executive.
the congress the legislative, and the
Court the head OF the ju-
dietary in the United States. 1t is
called a government OF checks and
balances and this division OF functions
was particularly devised and eiabor-
ated to protect the citizen from Of
hvial usurpation.
While this result has been-attained
II has been attained al the cost OF
division Of responsibility, intolerable
delays in legislation long periods Of
unsettled Interpretation OF the laws
before they are finally passed upon
by the Supreme Court and the grad
ual accretion of the power OF the pres
ident until he is now the most power
full ruler in any country, with the ex-
ception Of perhaps the Gar.
How the United States Could Increase
Its Efficiency
An American Bundesrat or council
OF the nation, would consist Of the
Supreme Court enlarged to So menu
bers by the inclusion OF the most
brilliant and gifted Of men in all call
ings throughout the country. Ii
would unite in itself tie functions of
the Senate, the President and the SUI
preme Court, and would be limited by
the lower house OF the ono hand and
have its policy carried out through
the instrumentality OF a Secretary Of
State, on the other, who would have
all the cabinet members under him
as head clerks and whose policy
would always have to conform to that
of the Bundesrat and lower house.
There would be no President, as we
now know the Office, but a eomman-
der-in-chief of the army and navy
with certain appointive and formal
routine functions.
The reason why such a form Of gov
eminent is so vastly superior to the
American system OF divided functions
is that the body which makes the laws
puts them into execution and passes
upon them ~judicially.
The absurdiB Of laws being de-
clared unconstitutional does not exist
in Germany, because the Bundesrat Is
the highest judicial authority. As a
rule, few and only the most important
judicial cases come before it, but il
does not upset laws as do our courts
BY declaring them unconstitutional. !
Such IN action would be merely re-
p%ealiug the law, and the Bundesrat
does not pass laws merely to repeal
them again.
The VIII of the People Carried Out
in Germany
There is no danger of a law not
being in accord with the German con-
stitution, because the Bundesrat and
Reiehstag have the power OF altering
the constitution by majority vote, and
any law passed is Of as much efecti
as any portion of the constitution and
would have the effect OF repeating
any portion Of the constitution with
which it was not in accord.
Tn the United States laws passed by
Congress are inferior to the laws
which are embodied in the form Of
the constitution. That is, we have
two qualities of law, ordinary law and
the super-law of the constitution. And
the courts have the power OF serutin-
izing the ordinary laws and determine
ing whether they agree with the
super-law or not, Thus the Supreme
Court is the final power in the United
States. Its members have life tenure
OF Office and are appointed by various
presidents from time to time, and
though the supreme power in the
land, it is removed at the greatest
possible distance from the influence
of the will of the people.
1t would appear, indeed, that the
American system, habit been intend
ed to make the aseertainment and car
rying out of the will OF the people as
difficult and tedious a process as pos
sible, could not have been more sue
cessfully designed. The returning OF
the members Of the lower house from
the states as units makes 1t impos-
sible for any important third party
TO exist. There must always be only
two really contending political par
ties. The will Of the people can only
be expressed in the substitution in
power Of one political party for the
other. Now each political party rep
rcsents certain things, The Demo-
Gratis stand for free trade, anti-imper-
and antitrust conditions, and
the Republicans favor protection, im-
perialism and trusts.
The Paradox Of American Legislation
In the last election the Democrats
won, principally on the antitrust is
sue. The public expressed its will