Reach, Emil

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THE GERMAN CONSTITUTION OF JULY 31, 1919.BY EMIL REACH.I.WHAT is the political temper and spirit in which the new Ger-many is laboriously struggling to rise out of the depth of herpresent misery? How far has the breath of the new time touchedher? In what respect does she turn over a new leaf? The questionis full of psychologic interest and political significance ; especiallyas we are aware that former pillars of the Kaiser's regime, menlike Bernstorfif or Ludendorff, are still prominent in the social andpolitical life of Berlin, and that great German newspapers haveseriously discussed the possible candidacy of Hindenburg for thepresidency of the republic. Therefore—^if for no other reasons—is it logical and profitable to delve into the mazes of the GermanConstitution, the most notable document that the after-war time hasproduced east of the Rhine.The official text, as lying before me, is published as a pamphletof forty-seven pages. The moment we open it we are struck bythe import of the second article ; the more so, because the first onea proclamation of the republican form of government—consists ofonly twelve words. According to this second article the GermanRepublic can legally extend her boundaries only if the populationof the territory that is to be added so desires. Express referenceis made to the right of self-determination. Evidently the Germansesteem highly at least one of ^Ir. Wilson's ill-fated Fourteen Points :and while opinions may dift'er as to whether that article evince?sound statesrnanship. no one will dtny that the average Americancitizen has expected nothing of the kind to come forth from theNational Assembly in Weimar.In addition to the desire of those who inhabit a territory theincorporation of which may be intended, changes of boundaries(barring frontier rectifications in uninhabited tracts of land) requireTHE GERMAN CONSTITUTION OF JULY 31, 1919. 173the passage of a special law (Article 78) ; and this brings us at onceto a consideration of the legislative machinery as now existing in theGerman Republic.The "Keichstag." which we must not confound with the "Reichs-rat," is still the country's legislature. It consists of representativesof the people, whom the male and female citizens over twenty yearsof age have elected for four years (Articles 22 and 23). Generallyspeaking, "the laws of. the realm are decided upon bj the Reichstag"(Article 68). and no express concurrence of a council or an upperchamber is thereby required. Nevertheless the elected legislatorsare not always to have their sweet will. For article seventy-threeprescribes:"A law passed by the Reichstag must be referred before itsproclamation for final decision to the people, if the President of theRepublic so decrees within a month."A law whose proclamation is deferred at the request of atleast one third of the Reichstag must be submitted to the peoplefor final decision if' one twentieth of the qualified voters make suchproposal."A decision by the people shall further be resorted to if onetenth of the qualified voters have expressed the desire that a certainproject of law be submitted for enactment. A fully elaborated billmust be the basis of such desire. The Government must lay thisbill before the Reichstag and explain its own stand regarding it.The decision by the people shall not take place, if the desired billis accepted by the Reichstag without alteration."Concerning the budget, tax laws, or salary regulations only thePresident of the Republic may ask for a decision by the people."Furthermore, the Reichsrat (literally translated: Council ofthe Realm) has the right to protest against any law the Reichstagmay pass. If such protest takes place, the law returns to the Reichs-tag for reconsideration. Should nevertheless no agreement bereached between the two bodies, then the President of the Republicmay Avithin three months refer the disputed points to the peoplefor final decision. In case the President fails to make use of thisprerogative, then the law is considered as not decided upon, unlessthe vote in the Reichstag against the protest of the Rat has re-vealed a two-thirds majority ; when the majority was so great, thenthe President must proclaim the law within three months, or elsehave recourse to a plebiscite (Article 74).In this connection we should not overlook that the power ofthe people to annul a decision of the national legislature does exist174 THE OPEN COURT.only under the condition that a majority of those who have a rightto cast their vote in the plebiscite actually make use of that right(Article 75).The whole scheme is no doubt a little complicated ; but it is aserious attempt to attain the best laws possible, even where opinionsconflict and are difficult to reconcile.The Reichstag does not only legislate. It may also depose theChancellor or tlje ministers through an expression of lack of con-fidence ; or if one of these should break the law of the country, thelegislature may initiate impeachment proceedings against him. Eventhe President of the Republic may thus be impeached, and while theReichtag cannot depose him, it may make his deposition subjectmatter of a plebiscite. To express lack of confidence in the govern-ment or a member of the government, a majority vote is consideredsufficient. However, when bills of impeachment are in question, orthe removal of the President from office, then the decisions of theReichstag require a two-third majority (Articles 43, 54 and 59).Thus while the Reichstag still holds in its grip the pursestrings ofthe country, as it did (together with the Federal Council) in thetimes before the war, it does not need now to go to the length ofrefusing necessary funds in order to make its will prevail over anyviews within the executive branch of government.The "Independent Socialists" have already attempted to oustthe cabinet through a motion to express lack of confidence into thegovernment. But on the 3d of July this motion was lost ; therewere only 64 ayes out of 379 votes.A"ow how about the Reichsra^? This term was before the warthe name for that elected legislature of Austria which there roughlycorresponded to the Reichstag of the German Empire. But in thenew German constitution "Reichsrat" designates a body of coun-cilors that may be considered a successor to the former Bundesrator Federal Council. In this Council, as now constituted, every oneof the several States composing the Republic has at least one vote,while no State is allowed more than two fifths of all votes (Article61) ; and there is a movement on foot to equalize approximatelythe size of the States, and consequently their representation in theReichsrat. We should not overlook the fact that the members ofthis body are not elected by the people. They are sent by the Stategovernments or (in the case of Prussia) in part by Provincial /Ad-ministrations (Article 63) to represent them in the administrationof the realm or Reich (Article 60). and at the same time to super-vise legislation in the indicated way.THE GERMAN CONSTITUTION OF JUI.V 31, 1919. 175The President of the Republic is elected by popular vote (Ar-ticle 41) for seven years (Article 43), and keeping in close touchwith Reichstag and Reichsrat and the President, have the Chancellorand the ministers to pursue their difficult duties. As their tenureof office depends no less on the pleasure of the Chief Executive bywhom they have been nominated (Article S3), than on the confi-dence of the Reichstag, it is easy to see the stage set for gravemoments ; for it is always hard to serve more than one master. But.of course, other countries are also subject more or less to seriousgovernmental crises. The French Republic especially is known forher governmental instability.Stability is also largely a question of leadership. Will the newGermany produce in time forceful and clear-sighted leadership—aleadership that will prevent waste of energy and possible disruptionof the complex organism? Only strict economy of political energywill yield prompt spiritual and material recovery from the con-sequences of the war tragedy and achieve that salvation for whichthe masses crv from out their wretchedness.II.In that part of the Constitution devoted to education it is ex-pressly stated that the schools should strive to develop the characterof the pupils in the spirit of the German nation ( Volkstum) and ofinternational conciliation, and that care should be taken by theinstructors not to hurt the sentiments of those who differ in opinion.Religious instruction is to be given imder avoidance of official com-pulsion for either teachers or pupils, though the latter shall haveto heed in this respect the decision of their parents or guardians ;furthermore, at the end of his period of obligatory school attendanceeach pupil shall receive a printed copy of the country's constitution(Articles 148 and 149).The last named of these provisions seems to have for purpose.the attainment of so general a familiarity of the common peoplewith the new constitution, as to make rare the violation of its terms.And the masses of course show always the greatest interest in thediscussion of the political position of each individual citizen. Besidethe usual guarantees relative to freedom of movement, speech, press,and assembly (Articles 111, 118 and 123), we find it laid down, forexample, as a principle that the political rights and duties shall bethe same for men and for women (Article 109).There is also a passage (Article 113) for the special benefit ofthe non-German citizens ; this article decrees that "those elements176 THE OPEN COURT.of the people who speak a foreign language must not be impededthrough legislation or administration in their free ethnical develop-ment, especially not as to use of their mother tongue in instruction,or such use in the internal administration, or in the dispensation ofjustice." And beside the ethnical diversit}^ is also the people's divi-sion in social classes made an object of special mention and regard.The economically' independent middle class in agriculture, industryand trade is to be assisted through legislation and in administrationand "is to be protected against becoming overburdened or absorbed"(Article 164) ; while wage labor is put "under special protection"of the "Reich" or realm. (Article 157—Here as in many othercases the constitution does not speak of the "government," thusgiving directness to the role of the Reichstag and the Reichsrat.)It need hardly be mentioned in passing that in strong contrastto this recognition of classes and class interests are the principles ofour two leading parties. Senator Harding, in his speech acceptingthe Republican nomination, exclaimed:"The manifest weakness in popular government lies in thetemptation to appeal to grouped citizenship for political advantage.There is no greater peril. The Constitution contemplates no classand recognizes no group. It broadly includes all the people, withspecific recognition for none, and the highest consecration we canmake to-day is a committal of the Republican party to that savingconstitutionalism which contemplates all America as one people andholds just government free from influence on the one hand and un-moved by intimidation on the other."True enough, our constitution knows no social classes ; but theyexist in fact just the same, however vague and indistinct and smudgyhere or there may be the boundary lines between them. Whetheror not it is best to mould the basic law of a country in the mannerthat gives so much satisfaction to Mr. Harding (and presumablyalso to Mr. Cox), whether close cooperation of all can thus bereached most safely, that is a question which the future will decidein the light of such legislative experiments as, for example, thatof Germany.But let us consider the German experiment. Before showinghow over there the protection promised to the laboring class is tobe carried out. we may record some blows dealt in the face of thecapitalist. Namely, Article 155 of the constitution decrees theabolition of the entailed estates and makes it the duty of everylandowner to work and exploit his property; it subjects the sourcesof exploitable power in nature and the treasures of the soil toTHE GERMAN CONSTITUTION OF JULY 31, 1919. 177supervision by the state, and determines in addition to all this that"a«v increase of land value, arising without investment of labor orcapital, must he used in the interest of the public." Surely, it's apity that Henry George is no longer among us to comment on theseinnovations.Immediately thereafter (Article 156) we learn that the Reich,wherever public interest is involved, has the right of "socialization,"that is to say, the right to transfer by way of legislation economicproperty from private to public or semi-public ownership and con-trol. The Reich may also in case of pressing necessity decree theconsolidation of certain economic enterprises or organizations forthe purpose of common management on the principle of self-government, insuring all producing elements (i. e., employers andemployees) participation in such management.Much will depend on it what use the legislature and the gov-ernment are going to make of these rights. Extent and detail willbe closely watched by economic and political experts the worldover. So far, according to press dispatches, special committeeshave been constituted to delve into the preparatory work for thesocialization of the following industries : coal, iron, potassium, powerproduction and building trades. But that is held to be merely thebeginning of the reformation.By the way we may perhaps point out that we have here todeal with a topic in which the American Federation of Labor hasmanifested intense interest. After long and animated debate theMontreal convention of last June passed a resolution in favor ofstate ownership and democratic management of railways. Thedivision took place in an uproarious tumult and revealed 29,059against 8349. Frank Morrison led the forces of the majority, whileGompers was in opposition.To protect labor the constitution prescribes furthermore thatevery German should be given opportunity to work, and that inso far as that is not possible "his necessary support shall be takencare of" in, a way to be defined by law (Article 163). This is anattempt to counteract an evil en which a certain I. W. W. agitatorhas dwelled as follows:"If through an improved process, the use of a better machine,or overproduction, his (i. e., the wage earner's) services are nolonger needed, he may be discharged ; and if he can find no othermaster before his slender savings are exhausted, he should starvein silence and die with the dignity befitting his high estate as afree man."178 THE OPEN COURT.A counterpart to the poor chap who would like to work butcan find no job is the striker. What does the German constitutionsay about the right to strike? We meet here with the distinctionbetween moral and legal duty. Morally every German has "withoutprejudice to his personal liberty" the duty to use his intellectualand physical strength in the interest of public welfare (Article163) ; but "legal compulsion is only admissible to enforce endan-gered rights or to serve surpassing exigencies of the public weal"(Article 15,1). The text of these stipulations leaves a good dealto later interpretation by the government and the courts of justice.They read much like platform planks proclaimed by our NationalConventions.One of the. most notable and novel features of the constitutionis doubtless the long article 165, devoted to those Industrial Coun-cils which are to supplement the Governmental care for the laboringclasses. Within certain limits these Councils may be comparedwith certain industrial councils sporadically existing in our country.The article is difficult to epitomize or to translate. It may perhapsbe rendered as follows:"The workingmen and employees are called upon to take partwith equal rights and in cooperation with the employers in theregulation of wages and working conditions, as well as in the wholeeconomic development of the productive forces. The organizationsof both sides and their agreements are given recognition."For the protection of their social and economic interests theworkingmen and employees shall receive legal representation inWorkers' Trade Councils as well as in Workers' District Councils(which latter shall be organized according to economic districts)and in a National Workers' Council."The Workers' District Councils and the National Workers'Council shall meet with representatives of the employers or other-wise interested groups in District Economic Councils and a NationalEconomic Council, in order to discharge all economic tasks and tocooperate in the execution of the laws relative to socialization.Tlie District Economic Council and the National Economic Councilare to be formed so as to provide for representation therein of allimportant professional interests, according to their economic orsocial importance."Then follows a paragraph explaining how the National Eco-nomic Council may influence economic legislation, after which thearticle continues:"The Workers' Councils and the Economic Councils mav haveTHE GERMAN CONSTITUTION OF JULY 31, 1919. 179conferred upon them the powers of control and administration inthe fields assig-ned to them. Organization and task of the Workers'Councils and of the Economic Councils, as well as their relationshipto other self-governing social bodies shall be excKisively within thecompetency of the 'Reich.'"Evidently the makers of this constitution were anxious to pre-vent dictatorship or anything approaching- dictatorship on the partof any class or clique whatsoever. The spirit of compromise andtolerance in which this work has been conceived will prevent op-pression of those factions who are not in power ; but if this spiritis carried too far—perhaps it has not been carried too far—it willdeprive the government of strength and stability. We have touchedalready above upon this danger of instability.In conclusion a word of warning. W^hile the modernization ofGermany should be for us an object of greatest interest, we shouldat the same time, not overlook that political institutions can notalways be transplanted from one continent to another with impunity.The frequent appeal to the masses, and the power increase of thewage earner will possibly be good for Germany. We do not know-yet. But if we should indulge in a hurry—attempt to follow suit,what undesirable influence would then be vested in the illiteratenegro of our South and in other ilHterates that unfortunately existwithin our boundaries ? We may grant that the votes of the Southernnegroes are never counted ; yet sooner or later they zvill be countedto the deep regret of many white minorities zvho do not and zcillnot want to submit to superior numbers. Is it not so?Therefore, whatever importance may be justly ascribed toGermany's nation-wide plebiscites or to her ubiquitous Workers'Councils, let us proceed only slowly and gradually and cautiouslywith any attempt to amend the constitution of these United States.

The German Constitution of July 31, 1919.

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The German Constitution of July 31, 1919.

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