Direct Legislation by the Citizenship through the Initiative and Referendum Part 2

The purity and peacefulness of Swiss press and politics are due to the national development of today as expressed in appropriate inst.i.tutions.

Of these inst.i.tutions the most effective, the fundamental, is direct legislation, accompanied as it is with general education. In education the Swiss are preeminent among nations. Illiteracy is at a lower percentage than in any other country; primary instruction is free and compulsory in all the cantons; and that the higher education is general is shown in the four universities, employing three hundred instructors.

An enlightened people, employing the ballot freely, directly, and in consequence effectively--this is the true sovereign governing power in Switzerland. As to what, in general terms, have been the effects of this power on the public welfare, as to how the Swiss themselves feel toward their government, and as to what are the opinions of foreign observers on the recent changes through the Initiative and Referendum, some testimony may at this point be offered.

In the present year, Mr. W.D. McCrackan has published in the "Arena" of Boston his observations of Swiss politics. He found, he says, the effects of the Referendum to be admirable. Jobbery and extravagance are unknown, and politics, as there is no money in it, has ceased to be a trade. The men elected to office are taken from the ranks of the citizens, and are chosen because of their fitness for the work. The people take an intelligent interest in every kind of local and federal legislation, and have a full sense of their political responsibility.

The ma.s.s of useless or evil laws which legislatures in other countries are constantly pa.s.sing with little consideration, and which have constantly to be repealed, are in Switzerland not pa.s.sed at all.

In a study of the direct legislation of Switzerland, the "Westminster Review," February, 1888, pa.s.sed this opinion: "The bulk of the people move more slowly than their representatives, are more cautious in adopting new and trying legislative experiments, and have a tendency to reject propositions submitted to them for the first time." Further: "The issue which is presented to the sovereign people is invariably and necessarily reduced to its simplest expression, and so placed before them as to be capable of an affirmative or negative answer. In practice, therefore, the discussion of details is left to the representative a.s.semblies, while the people express approval or disapproval of the general principle or policy embraced in the proposed measure. Public attention being confined to the issue, leaders are nothing. The collective wisdom judges of merits."

A.V. Dicey, the critic of const.i.tutions, writes in the "Nation," October 8, 1885: "The Referendum must be considered, on the whole, a conservative arrangement. It tends at once to hinder rapid change and also to get rid of that inflexibility or immutability which, in the eyes of Englishmen at least, is a defect in the const.i.tution of the United States."

A Swiss radical has written me as follows: "The development given to education during the last quarter of a century will have without doubt as a consequence an improved judgment on the part of a large number of electors. The press also has a role more preponderant than formerly.

Everybody reads. Certainly the ruling cla.s.ses profit largely by the power of the printing press, but with the electors who have received some instruction the capitalist newspapers are taken with due allowance for their sincerity. Their opinion is not accepted without inquiry. We see a rapid development of ideas, if not completely new, at least renewed and more widespread. More or less radical reviews and periodicals, in large number, are not without influence, and their appearance proves that great changes are imminent."

Professor Dicey has contrasted the Referendum with the _plebiscite_: "The Referendum looks at first sight like a French _plebiscite_, but no two inst.i.tutions can be marked by more essential differences. The _plebiscite_ is a revolutionary or at least abnormal proceeding. It is not preceded by debate. The form and nature of the questions to be submitted to the nation are chosen and settled by the men in power, and Frenchmen are asked whether they will or will not accept a given policy.

Rarely, indeed, when it has been taken, has the voting itself been full or fair. Deliberation and discussion are the requisite conditions for rational decision. Where effective opposition is an impossibility, nominal a.s.sent is an unmeaning compliment. These essential characteristics, the lack of which deprives a French _plebiscite_, of all moral significance, are the undoubted properties of the Swiss Referendum."

In the "Revue des Deux Mondes," Paris, August, 1891, Louis Wuarin, an interested observer of Swiss politics for many years, writes: "A people may indicate its will, not from a distance, but near at hand, always superintending the work of its agents, watching them, stopping them if there is reason for so doing, constraining them, in a word, to carry out the people's will in both legislative and administrative affairs. In this form of government the representative system is reduced to a minimum. The deliberative bodies resemble simple committees charged with preparing work for an elected a.s.sembly, and here the elected a.s.sembly is replaced by the people. This sovereign action in person in the transaction of public business may extend more or less widely; it may be limited to the State, or it may be extended to the province also, and even to the town. To whatever extent this supervision of the people may go, one thing may certainly be expected, which is that the supervision will become closer and closer as time goes on. It never has been known that citizens gave up willingly and deliberately rights acquired, and the natural tendency of citizens is to increase their privileges.

Switzerland is an example of this type of democratic government....

There is some reason for regarding parliamentary government--at least under its cla.s.sic and orthodox form of rivalry between two parties, who watch each other closely, in order to profit by the faults of their adversaries, who dispute with each other for power without the interests of the country, in the ardor of the encounter, being always considered--as a transitory form in the evolution of democracy."

The spirit of the Swiss law and its relation to the liberty of the individual are shown in pa.s.sages of the cantonal and federal const.i.tutions. That of Uri declares: "Whatever the Landsgemeinde, within the limits of its competence, ordains, is law of the land, and as such shall be obeyed," but: "The guiding principle of the Landsgemeinde shall be justice and the welfare of the fatherland, not willfulness nor the power of the strongest." That of Zurich: "The people exercise the lawmaking power, with the a.s.sistance of the state legislature." That of the Confederation: "All the Swiss people are equal before the law. There are in Switzerland no subjects, nor privileges of place, birth, persons, or families."

In these general notes and quotations is sketched in broad lines the political environment of the Swiss citizen of to-day. The social mind with which he stands in contact is politically developed, is bent on justice, is accustomed to look for safe results from the people's laws, is at present more than ever inclined to trust direct legislation, and, on the whole, is in a state of calmness, soberness, tolerance, and political self-discipline.

The machinery of public stewardship, subject to popular guidance, may now be traced, beginning with the most simple form.

_Organization of the Commune._

The common necessities of a Swiss neighborhood, such as establishing and maintaining local roads, police, and schools, and administering its common wealth, bring its citizens together in democratic a.s.semblages.

These are of different forms.

One form of such a.s.semblage, the basis of the superstructure of government, is the political communal meeting. "In it take place the elections, federal, state, and local; it is the local unit of state government and the residuary legatee of all powers not granted to other authorities. Its procedure is ample and highly democratic. It meets either at the call of an executive council of its own election, or in pursuance of adjournment, and, as a rule, on a Sunday or holiday. Its presiding officer is sometimes the _maire_, sometimes a special chairman. Care is taken that only voters shall sit in the body of the a.s.sembly, it being a rule in Zurich that the register of citizens shall lie on the desk for inspection. Tellers are appointed by vote and must be persons who do not belong to the village council, since that is the local cabinet which proposes measures for consideration. Any member of the a.s.sembly may offer motions or amendments, but usually they are brought forward by the town council, or at least referred to that body before being voted upon."[F] The officials of the commune chosen in the communal meeting, are one chief executive (who in French communes usually has two a.s.sistants), a communal council, which legislates on the lesser matters coming up between communal meetings, and such minor officials as are not left to the choice of the council.

[Footnote F: Vincent.]

A second form of neighborhood a.s.semblage is one composed only of those citizens who have rights in the communal corporate domains and funds, these rights being either inherited or acquired (sometimes by purchase) after a term of purely political citizenship.

A third form is the parish meeting, at which gather the members of the same faith in the commune, or of even a smaller church district. The Protestant, the Catholic, and the Jewish are recognized as State religions--the Protestant alone in some cantons, the Catholic in others, both in several, and both with the Jewish in others.

A fourth form of local a.s.sembly is that of the school district, usually a subdivision of a commune. It elects a board of education, votes taxes to defray school expenses, supervises educational matters, and in some districts elects teachers.

Dividing the commune thus into voting groups, each with its appropriate purpose, makes for justice. He who has a share in the communal public wealth (forests, pastoral and agricultural lands, and perhaps funds), is not endangered in this property through the votes of non-partic.i.p.ant newcomers. Nor are educational affairs mixed with general politics. And, though State and religion are not yet severed, each form of belief is largely left to itself; in some cantons provision is made that a citizen's taxes shall not go toward the support of a religion to which he is opposed.

_Organization of Canton and Confederation._

In no canton in Switzerland is there more than one legislative body: in none is there a senate. The cities of Switzerland have no mayor, the cantons have no governor, and, if the t.i.tle be used in the American sense, the republic has no President. Instead of the usual single executive head, the Swiss employ an executive council. Hence, in every canton a deadlock in legislation is impossible, the way is open for all law demanded by a majority, and neither in canton nor Confederation is one-man power known.

The cantonal legislature is the Grand Council. "In the Landsgemeinde cantons and those having the obligatory Referendum, it is little more than a supervisory committee, preparing measures for the vote of the citizens and acting as a check on the cantonal executive council. In the remaining cantons (those having the optional Referendum), the legislature has the power to spend money below a specified limit; to enact laws of specified kinds, usually not of general application; and to elect the more important officials, the amount of discretion [in the different cantons] rising gradually till the complete representative government is reached"[G] in Freiburg, which resembles one of our states. Though in several cantons the Grand Council meets every two months for a few days' session, in most of the cantons it meets twice a year. The pay of members ranges from sixty cents to $1.20 per day. The legislative bodies are large; the ratio in five cantons is one legislator to every 1,000 inhabitants; in twelve it ranges from one to 187 up to one to 800, and in the remaining five from one to 1,000 to one to 2,000. The Landsgemeinde cantons usually have fifty to sixty members; Geneva, with 20,000 voters, has a hundred.

[Footnote G: Vincent.]

In six of the twenty-two cantons, if a certain number of voters pet.i.tion for it, the question must be submitted to the people whether or not the legislature shall be recalled and a new one elected.

The formation of the Swiss Federal a.s.sembly (congress), established in 1848, was influenced by the make-up of the American congress. The lower house is elected by districts, as in the United States, the basis of representation being one member to 20,000 inhabitants, and the number of members 147. The term for this house is three years; the pay, four dollars a day, during session, and mileage. The upper house, the Council of States (senate), the only body of the kind in Switzerland, is composed of two members from each canton. Cantonal law governing their election, the tenure of their office is not the same: in some cantons they are elected by the people, in others by the legislature; their pay varies; their term of office ranges from one to three years. Their brief terms and the fact that their more important functions, such as the election of the federal executive council, take place in joint session with the second chamber, render the members of the "upper" house of less weight in national affairs than those of the "lower."

_Swiss Executives._

The executive councils of the cities, the cantons, and the Confederation are all of one form. They are committees, composed of members of equal rank. The number of members varies. Of cantonal executive councilors, there are seven in eleven of the cantons, three, five, and nine in others, and eleven in one. In addition to carrying out the law, the executive council usually a.s.sists somewhat in legislation, the members not only introducing but speaking upon measures in the legislative body with which they are a.s.sociated, without, however, having a vote. In about half the cantons, the cantonal executive councils are elected by the people; in the rest by the legislative body.

Types of the executive councils are those of Geneva, city and canton.

The city executive council is composed of five members, elected by the people for four years. The salary of its president is $800 a year; that of the other four members, $600. The cantonal executive has seven members; the salaries are: the president, $1,200; the rest, $1,000. In both city and cantonal councils each member is the head of an administrative department. The cantonal executive council has the power to suspend the deliberations of the city executive council and those of the communal councils whenever in its judgment these bodies transcend their legal powers or refuse to conform to the law. In case of such suspension, a meeting of the cantonal Grand Council (the legislature) must be called within a week, and if it approves of the action of the cantonal executive, the council suspended is dissolved, and an election for another must be had within a month, the members of the body dissolved not being immediately eligible for re-election. The cantonal executive council may also revoke the commissions of communal executives (maires and adjoints), who then cannot immediately be re-elected. Check to the extensive powers of the cantonal executive council lies in the fact that its members are elected directly by the people and hold office for only two years. But in cantons having the obligatory Referendum, Geneva's methods, however advanced in the eyes of American republicans, are not regarded as strictly democratic.

_The Federal Executive Council._

The Swiss nation has never placed one man at its head. Prior to 1848, executive as well as legislative powers were vested in the one house of the Diet. Under the const.i.tution adopted in that year, with which the Switzerland as now organized really began, the present form of the executive was established.

This executive is the Federal Council, a board of seven members, whose term is three years, and who are elected in joint session by the two houses of the Federal a.s.sembly (congress). The presiding officer of the council, chosen as such by the Federal a.s.sembly, is elected for one year. He cannot be his own successor. While he is nominally President of the Confederation, Swiss treatises on the subject uniformly emphasize the fact that he is actually no more than chairman of the executive council. He is but "first among his equals" (_primus inter pares_). His prerogatives--thus to describe whatever powers fall within his duties--are no greater than those pertaining to the rest of the board.

Unlike the President of the United States, he has no rank in the army, no power of veto, no influence with the judiciary; he cannot appoint military commanders, or independently name any officials whatever; he cannot enforce a policy, or declare war, or make peace, or conclude a treaty. His name is not a by-word in his own country. Not a few among the intelligent Swiss would pause a moment to recall his name if suddenly asked: "Who is President this year?"

The federal executive council is elected on the a.s.sembling of the Federal a.s.sembly after the triennial election for members of the lower house. All Swiss citizens are eligible, except that no two members may be chosen from the same canton. The President's salary is $2,605, that of the other members $2,316. While in office, the councilors may not perform any other public function, engage in any kind of trade, or practice any profession. A member of the council is at the head of each department of the government, viz.: Foreign Affairs, Interior, Justice and Police, Military, Finances, Commerce and Agriculture, and Post-Office and Railroads. The const.i.tution directs a joint transaction of the business of the council by all the seven members, with the injunction that responsibility and unity of action be not enfeebled. The council appoints employes and functionaries of the federal departments.

Each member may present a nomination for any branch, but names are usually handed in by the head of the department in which the appointment is made. As a minority of the board is uniformly composed of members of the political party not, if it may be so described, "in power," purely partisan employments are difficult. Removals of federal office-holders in order to repay party workers are unheard of.

The executive council may employ experts for special tasks, it has the right to introduce bills in the Federal a.s.sembly, and each councilor has a "consultative voice" in both houses. In practice, the council is simply an executive commission expressing the will of the a.s.sembly, the latter having even ordered the revision of regulations drawn up by the council for its employes at Berne. The acts of the a.s.sembly being liable to the Referendum, connection with the will of the people is established. Thus popular sovereignty finally, and quite directly, controls.

While both legislators and executives are elected for short terms, it is customary for the same men to serve in public capacities a long time.

Though the people may recall their servants at brief intervals, they almost invariably ask them to continue in service. Employes keep their places at their will during good behavior. This custom extends to the higher offices filled by appointment. One minister to Paris held the position for twenty-three years; one to Rome, for sixteen. Once elected to the federal executive council, a public man may regard his office as a permanency. Of the council of 1889, one member had served since 1863, another since 1866. Up to 1879 no seat in the council had ever become vacant excepting through death or resignation.

_Features of the Judiciary._

Civil and criminal courts are separate. The justice of the peace sits in a case first as arbitrator, and not until he fails in that capacity does he a.s.sume the chair of magistrate. His decision is final in cases involving sums up to a certain amount, varying in different localities.

Two other grades of court are maintained in the canton, one sitting for a judicial subdivision called a district, and a higher court for the whole canton. Members of the district tribunal, consisting of five or seven members, are commonly elected by the people, their terms varying, with eight years as the longest. The judges of the cantonal courts as a rule are chosen by the Grand Council; their number seven to thirteen; their terms one to eight years. The cantonal court is the court of last resort. The Federal Tribunal, which consists of nine judges and nine alternates, elected for six years, tries cases between canton and canton or individual and canton. For this bench practically all Swiss citizens are eligible. The entire judicial system seems designed for the speedy trial of cases and the discouragement of litigation.

No court in Switzerland, not even the Federal Tribunal, can reverse the decisions of the Federal a.s.sembly (congress). This can be done only by the people.

The election by the a.s.sembly of the Federal Tribunal--as well as of the federal executive--has met with strong opposition. Before long both bodies may be elected by popular vote.

Swiss jurors are elected by the people and hold office six years. In French and German Switzerland, there is one such juror for every thousand inhabitants, and in Italian Switzerland one for every five hundred. To a Swiss it would seem as odd to select jurors haphazard as to so select judges.

In most of the manufacturing cantons, councils of prud'hommes are elected by the people. The various industries and professions are cla.s.sified in ten groups, each of which chooses a council of prud'hommes composed of fifteen employers and fifteen employes. Each council is divided into a bureau of conciliation, a tribunal of prud'hommes, and a chamber of appeals, cases going on appeal from one board to another in the order named. These councils have jurisdiction only in the trades, their sessions relating chiefly to payment for services and contracts of apprenticeship.

_A Democratic Army._