V' ^ ^^ A > A". -^ ,^ * . . "<- ^ .V a ■> a\ o, ' , ^ * ,0 . V.^"^v.„ . ^'^Tf x"- o 0^ ./• ,xV .nV~^ ■'/ •\ ,0o^ o 0' -•N -7-, -^ ^/'^ ,0 o^ :k 0> s ■> ' '' ' ':. K^^ ^.V%^/ ,/ ■0>' c— ^'.^-^ vO o. ,^^^ ■%^^^W< \' ^^ * ■••^ * 8 I -A ■* . ■■ o>' '^c--. V^'""-^^ <^ V .s\ \. ,/., ^ V .r" .'0 " " ''V^^^^^ -^ .:^ ^ o 0^ / ^- .-;" "'-i-. K^" A^^' '"^P- .0' \^ -^j- S - "^^^ v^" o^ .^ ■"'->. ,0^ c- ^ A^ O 0' c5 ■''c^. o^ ,«. * .0 N O \\ ,v s^ '^. .>:^^^ .-^^ .-^^ . -^ "■^^ ^' '' '"^^ S^' •-^^^ >^ ^^ "%. <=•, * ', s ' v'^'^ .7- ' M \ . 1 O V * s'^^ A o>' -.'^ "^^^ i*4)~vj<>. .^:^^. . oV ^naMb^AaUCEM THE CONSTITUTIONS OF THE STATES AT WAR 1914-1918 EDITED BY HERBERT F. WRIGHT WASHINGTON GOVERNMENT PRINTING OFFICE 1919 THE CONSTITUTIONS OF THE STATES AT WAR 1914-1918 S7* EDITED BY HERBERT F. WRIGHT WASIITNOTON GOVb^RNMENT PRINTING OFFICE OCT PREFACE. This collection of Constitutions comprises the Constitutions of only those States at war in 1914-1918 which were independent or quasi-independent (that is, under "the sphere of influence" of strictly sovereign States) prior to 1 August 1914. And among these States have been included not only those which formally declared war, but also those whose territory has been the scene of military operations, albeit against their will. In each case the constitutional document published is the most recent available one, whether it was framed or amended prior to the war or thereafter, provided, of course, that the war was not directly responsible for it. The documents for each State are preceded by a brief historical 77iise en scene. Original texts of documents appear only when drawn up in English; where the original is in some language other than English, it has been printed here in translation. Some of these translations have been based upon previously pub- lished translations; some are presented in English here for the first time. And, although due credit is given in the footnotes to the source from which the translation is derived, the editor has not hesitated to compare translations with the original texts and to freely re\ase them whenever necessary in the interest of greater clearness and uniformity of expression. Nor has he hesitated to modify or add footnotes, where such procedure seemed necessary or expedient for a proper understanding of the text. For all such revision he assumes full and sole responsibility. However, he must plead the lack of time and the unavailability of material as excuses for any unevenness in the matter of footnotes. An effort has been made to supply at least one reference in the fooi;notes to a French text or translation of each document, but where other sources have been immediately available in fairly accessible works, these likewise have been indicated. For this purpose, use has been made of collections of Constitutions rather than of individual prinvs or annotated texts, and the following works are the ones which have been most frequently used : Annuaire de legislation ctrangcre, vols. 1-44. BHtish and Foreign State Papers, vols. 1-108. Dareste, F. R., et p. Dap.este, Les Constitutions modernes (3(1 edition, Paris, 1910), 2 vols. DoDD, W. F., Modern Constitutions (Chicago, 1909), 2 vols. PosENER, Paul, Die Staatsverfassnngen des Erdballs (Charlotten- burg, 1909). j^j Rodriguez, J. I., American Constitutions (Washington, 1906), j 2 vols. ni IV PREFACE. As bibliographies of texts and commentaries appear in Dareste's and Dodd's collections, it has not been deemed necessary to print such lists here. For the various treaties referred to in the prefatory his- torical notes the reader is referred to Tetot, Ribier and similar treaty catalogues. Finally, the editor wishes to express his great indebtedness and grateful appreciation to his friend and former colleague. Prof. Francis J. Hemelt, of the Catholic University of America, for the valuable cumulative and analytical index; to Miss Alice M. Ball and Miss Euth E. Stanton, for their invaluable assistance in matters of accuracy and nicety of translation as well as for their generous aid in expediting the work through the press; and to the Govern- ment Printing Office, for its prompt and whole-hearted cooperation from beginning to end. Herbert F. Wright. Washington, 28 March 1919. CONTENTS. Page. Albania: Historical note 1 Austria-Hungary : 1. The Dual Monarchy : Historical note 3 Various fundamental laws 4 2. Austria : Historical note 11 Various fundamental laws 11 3. Hungary : Historical note 25 Various fundamental laws 26 Belgivim: Historical note 43 Constitution of 7 February 1831, with amendments of 7 September 1893_ 44 Brazil: Historical note 01 Constitution of 24 February 1891 61 Bulgaria: Historical note 87 Constitution of 16/28 April 1879, with amendments of 15/27 May 1893 and 11/24 July 1!)11 88 China: Historical note 105 Provisional Constitution of 11 March 1912 106 Costa Rica: Historical note 111 Constitution of 8 June 1917 111 Cuba: Historical note 151 Constitution of 21 February 1901 152 Appendix of 12 June 1901 173 Egypt: Historical note 175 Organic Law of 21 July 1913 175 France: Historical note 191 Various fundamental laws 193 Germany: Historical note 217 Constitution of IG April 1871 218 Great Britain and Ireland: Historical note 230 Various fundamental laws 240 Greece: Historical note 261 Constitution of 1/14 June 1911 . 262 Guatemala: Historical note 279 Constitution of 11 December 1879 279 Haiti: Historical note 295 Constitution of 12 June 1918 295 Honduras: Historical note '- 315^ Constitution of 14 October 1894 315^ Italy: Historical note 337 Fundamental Statute of 4 March 1848 337 Law of Guarantees of 13 May 1871 347 Japan: Historical note 351 Constitution of 11 February 1889 351 I/iberia: Historical note 359 Constitution of 26 July 1847, as amended 7 May 1907 359 V VI CONTElsTTS. Page. Liechtenstein: Historical note :j75 Constitutiou of 26 September 1862 375 Luxemburg: Historical note 39I Constitution of 17 October 1868 392 Montenegro: Historical note 4O7 Constitution of 6/19 December 1905 407 Law of 28 August 1910 proclaiming Prince Nicholas Iving 429 Nicaragua: Historical note 43t Constitution of 10 November 1911 43I Panama: Historical note 457 Constitution of 13 Februarj- 1904 457 Legislative Act of 14 March 1917 amending the Constitution 477 Persia: Historical note 4S1 Constitution of 30 December 1906 482 Supplementary Constitutional Law of 7 October 1907 489 Portugal: Historical note 499 Constitution of 21 August 1911 499 Roumania: Historical note 517 Constitution of 30 .June/12 Julj^ 1866. as amended 13/25 October 1879 and 8/20 June 1884 517 Russia: Historical note 537 Fundamental Laws of 23 April/6 May 1906 537 San Marino: Historical note 549 L;iw of 29 August 1907 ^ 549 Serbia: Historical note 553 Constitution of 5/18 June 1903 554 Siam: Historical note 587 Turkey: Historical note * 58& Constitution of 22 December 1876, as amended in 1909 590 United States of America: Historical note 607 Constitution of 17 September 1787 : 608 Amendments to the Constitution of 17 September 1787 618 Index 625 THE CONSTITUTIONS OF THE STATES AT WAR 1914-1918 vn ALBANIA. The independence of Albania, a former province of Turkey, was proclaimed at Avlona on 28 November 1912,^ and a provisional gov- ernment was then formed under the leadership of Ismail Kemal Bey. On 20 December 1912, the London Conference of Ambassadors agreed that there should be an autonomous Albania- and later ap- proximately defined the frontiers of the new country. This Confer- ence also appointed Prince William of AYiecl sovereign {Hfp/'et), to be supported and advised by an International Commission of Con- trol of six members. Prince William, having accepted the crown of the new country from an Albanian deputation which offered it to him at Neuwied 21 February 1914, arrived at Durazzo on 7 March 1914, but after the outbreak of the European War fled from the coun- try with most of the members of the Commission. An attempt made by Essad Pasha to set up a military form of government failed (5 October 1914) and x\lbania fell into a state of anarchy. On 25 December 1914, the Italians captured Avlona. Xo written Constitu- tion has yet been drafted.^ 1 Annual Register, 1912, p. 356. 2 Official statement issupd by the British Foreign Office and published in the London Times, 21 December 1912. ^ These paragraphs are based upon The Statesman's Year-hook (1918) and W. M. Pktrovitch, Alhania, in Tlie Enci/elupitlia A)iicrieaiia, vol. i (New York, 1018), pp. :j24- AUSTRIA-HUNGARY. Austrirt-Himgary, which presents a peculiar condition of political organization, may perhaps be more conveniently treated nnder three headings: 1. The Dual Monarchy, 2. Austria, and 3. Hungary. 1. THE DUAL MONARCHY. The unity of the Austro-Hungarian Monarchy had its origin in the Pragmatic Sanction of 19 April 1713, whose principal object was to outline the rules for succession to the throne of the Hiips- burgs, but the measure of Hungary's independence from Austrian control was a sourc^> of continual disturbance, and it was only in 1867 that the establishment of the Dual Monarchy was made pos- sible by Austria's defeat at the hands of Prussia and its exclusion from Germany and Italy. This event brought about a more con- ciliatory policy toward Hungary's insistent demands for entire in- dependence in the management of its internal affairs, and on 17 February 1867 the laws of 1848, which recognized Hungar}" as an independent monarchy joined w^ith Austria only by the bonds of a common ruler, were restored in force by imperial order. To the Hungarian Diet was left the final adoption of measures of com- promise with Austria. This question was covered by the Hungarian Law 12 of 1867 and the Austrian Law of 21 December 1867, both of which also made provision for ten-year treaties relating principally to a uniform customs tariff for the two countries, the monetary sys- tem and Hungai-y's quota of expenses of the joint Austro-Hungarian government. In 1878 wdien Bosnia and Herzegovina were taken from Turkey and placed under the control of Austria-Hungarj' in accordance with Article 25 of the Treaty of Berlin,^ identical laws were adopted in the two parts of the Empire for the administration of these territories, which were finally annexed by the Imperial Proclamation of 7 Oc- tober 1008.2 1 French text in the British and Foreign State Papers, 69 : pp. 749-767 ; EngUsh translation in Edward Hertslet^ Map of Europe by Treaty, vol. iv (London, 1891), pp. 2759-2790. 2 These introductory paragraphs are based upon W. F. Dudd, Modern Constitutions (Chicago, 1909), vol. i, pp. 113-114, and F. R. Dareste et P. Dareste, Les Constitutions: modernes (3d edition, Paris, 1910), vol. i, pp. 391-.394. ■4 CONSTITUTIONS OF THE STATES AT WAR. AUSTRIAN LAW OF 21 DECEMBER 1867.^ X(Aw Concerning the Affairs Common to All of the Countries or THE AuSTRIx^N MONARCHY, AND THE MaNNER OF MANAGING Them, Supplementary to the Constitutional Law on THE Representation of the Empire.^ Article 1. The following affairs are declared common to Austria •iind Hmigary : a. Foreign affairs, including diplomatic and commercial repre- sentation abroad, as well as measures relating to international trea- ties, reserving the right of the representative bodies of both parts of the Empire (Eeichsrat and Hungarian Diet) to approve such treaties, in so far as such approval is required by the Constitution.^ 5. Military and naval affairs ; excluding the voting of contingents and legislation concerning the manner of performing military serv- ice, the provisions relative to the local disposition and maintenance of the army, the civil relations of persons belonging to the army, and their rights and duties in matters not pertaining to the military service. c. The finances, with reference to matters of common expense, especially the establishment of the budget and the examination of accounts. Art. 2. Besides these, the following affairs * shall not indeed be administered in common, but shall be regulated upon uniform prin- ciples to be agreed upon from time to time : 1. Commercial affairs, especially customs legislation.^ 2. Legislation concerning indirect taxes which stand in close Telation to industrial production. 3. The establishment of a monetary s^'stem and monetary stand- •ards. 4. Eegulations concerning railway lines which affect the interests •of both parts of the empire. 5. The establishment of a system of defense. Art. 3. The expenses of affairs common to both Austria and Hun- gary shall be borne by the two parts of the Empire in a proportion to be fixed from time to time by an agreement between the two legis- 1 Translation based upon Dodd, op. cU., pp. 114-122. German text in Paul Poseneh, Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 736-741. French trans- lation in DaekstEj op. cit., pp. 394-403. - The Hungarian Law 12 of 12 June 1867 contains provisions applicable to Hungary vrhich are practically identical with those of this law. On this account it is not thought necessary to give the text of the Hungarian law, although there are some contradictory dispositions in the two laws. A German translation of the Hungarian Law appears in PosENER, op. cit., pp. 741-752, and French translation in Dareste, op. cit., pp. 403-423. ^ The attributions of the Minister of Foreign Affairs are fixed by the imperial decision of 12 April and 27 May 1852. ■* Articles 52 et seq. of the Hungarian Law do not carry this obligation. ° See DaeestEj op. cit., p. 395, note 3. AUSTRIA-HUNGARY: THE DUAL MONARCHY. S' lative bodies (Reichsnit and Diet), approved by the Emperor.* If an agreement can not be reached between the two representative bodies, the proportion shall be fixed by the Emperor, but for the term of one year only.^ The method of defraying its quota of the common expense shall belong exclusively to each of the parts of the Empire. - Nevertheless, joint loans may be made for affairs of common in- terest; in such a case all that relates to the negotiation of the loan, as Avell as the method of employing and repaying it, shall be de- termined in common.^ The decision as to whether a joint loan shall be made is reserved for legislation by each of the two parts of the Empire. Art. 4. The contribution towards the expense of the present public debt shall be determined by an agreement between the two parts of the Empire.* Art. 5. The administration of common affairs shall be conductedl by a joint responsible ministry, which is forbidden to direct at the same time the administration of the joint affairs and those of either part of the Empire. The regulation of the management, conduct, and internal organi- zation of the joint army shall belong exclusively to the Emperor. Art. 6. The legislative power ^ belonging to the legislative bodies of each of the two parts of the Empire (Reichsrat and Hungarian Diet) shall be exercised by them, in so far as it relates to joint af- fairs, by means of delegations. Art. 7. The delegation from the Reichsrat shall consist of 60 members, of whom one third shall be taken from the House of Lords and two thirds from the House of Representatives,''' Art. 8. The House of Lords shall choose its 20 members of the delegation from among its own members by a majority vote. 1 This phrase is omitted in the Hungarian Law (Article 21). -By Section 86 of tliis law agreement regarding the distrilintion of the expense of affairs administered in common is reached by means of deputations from the Austrian Reichsrat and the Hungarian Diet. Each deputation is composed of 15 members. By a law of 24 December 1867 the ratio was fixed for 10 years as 70 per cent for Austria and 30 per cent for Hungary. New ten-year agreements were made by Laws of 27 June 1878 and 21 May 1SS7. No now agreement has been made since 1897, and the quota of the two parts of the monarchy has been annually fixed l;y the Emperor as 66^5 per cent for Austria and 33 i\ pei cent for Hungary. .^ new agreement, signed on 8 October 1907, and approved by the Hungarian Diet and Austrian Reichsrat, fixes Hungary's quota of common expenses as 36.4 per cent. ^ No loan of this kind has yet Iteen contracted. ■* By a law of 24 December 1867 Hungary made a permanent agreement to pay 29,188,000 florins annually toward the interest of the public debt : this was in 1867 nearly 24 per cent of the total joint delit and 30 per cent of the interest after the de- duction of 25,000,000 florins of the debt, for which Hungary refused to assume any responsibility. "This power is expressly refused to the delegations by the Hungarian Law (Article 37). "By Hungarian Law 30 of 1S6S 5 niemliers of the Hungarian delegation imi-t be chosen from among the Croatian members of the Hungarian Diet, 4 from the House of" Representatives, and 1 from the Table of Magnates. The Hungarian delegation is also' composed of 00 members. '6 CONSTITUTIONS OF THE STATES AT WAR. The 40 members to be chosen by the House of Eepresentatives shall be so elected that the deputies from each provincial diet may elect, in comformity with the following apportionment, a certain number of delegates, who may be chosen from among themselves or from the House at large. By majority vote the deputies from the Kingdom of Bohemia shall elect 10; the Kingdom of Dalmatia, 1; the Kingdom of Galicia and Lodomeria, with the Grand Duchy of Cracow, 7 ; the Archduchy of Lower Austria, 3 ; the Archduchy of Upper Austria, 2 ; the Duchy of Salzburg, 1 ; the Duchy of Styria, 2 ; the Duchy of Carinthia, 1 ; the Duchy of Carniola, 1; the Duchy of Bukowina, 1; the Margra- vate of Moravia, 4; the Duchy of Upper and Lower Silesia, 1; the Princely County of Tyrol, 2; the Territory of Vorarlberg, 1; the Margravate of Istria, 1 ; the Princely County of Gorz and Gradiska, 1 ; the city of Triest with its territory, 1. Art. 9. In the same way each house of the Eeichsrat shall elect ■substitutes of delegates, of whom 10 shall be chosen by the House of Lords and 20 by the House of Representatives. The number of substitutes to be chosen by the House of Represent- atives shall be so apportioned that there shall be one substitute for •every one to three delegates, and two substitutes for every four or more delegates. The election of each substitute shall take place separately. Art. 10. Delegates and their substitutes shall be elected annually 'by the two houses of the Reichsrat. The delegates and substitutes shall retain their functions until the new election. Members of the delegation are eligible for reelection. Art. 11. The delegations shall be convened annually by the Em- peror, who shall determine the place of their meeting. Art. 12. The delegation from the Reichsrat shall elect a president :and vice president from among its own members, and choose also its secretary and other officers. Art. 13. The powers of the delegations shall extend to all matters concerning common affairs. All other matters shall be beyond their power. Art. 14. The projects of the government shall be submitted by the joint ministry to each of the delegations separately. Each delegation shall also have the right to submit projects con- cerning affairs which are within its competence. Art. 15. For the passage of a law concerning matters within the power of the delegations the agreement of both delegations shall be necessary, or in default of such agreement, a vote of the full as- sembly of the two delegations sitting together; in either case the ap- proval of the Emperor shall be necessary. AUSTRIA-HUNGARY: THE DUAL MONARCHY. 7 Art. 16. The right to hold the joint ministr}^ to its responsibility shall be exercised by the delegations. In case of the violation of a constitutional law in force regarding common affairs, either of the delegations may present charges to the other against the joint ministry or against any one of its members. The impeachment shall be legally effective when resolved upon separately by each of the delegations, or in a joint meeting of the two. Art. it. Each delegation shall propose, from among the independ- ent and legally trained citizens of the country which it represents, but not from among its own members, 24 judges, of whom 12 may be rejected by the other delegation. The accused, or all of them when there are several, shall have the right to reject 12 of those named by the two delegations, but only in such a manner that an equal number of judges be rejected from the lists proposed by each delegation. The remaining judges shall form a court for the trial of the impeachment. Art. 18. A special law on the responsibility of the joint ministry shall regulate the details concerning the impeachment, the pro- cedure of trial, and the judgment.^ Art. W. Each delegation shall act, deliberate and vote in separate session. Article 31 indicates an exception to this rule. Art. 20. The decisions of the delegation of the Eeichsrat shall require for their validity the presence of not less than 30 members besides the president, and every decision shall require the vote of a majority of those present. Art. 21. The delegates and substitutes from the Reichsrat shall receive no instructions from their electors. Art. 22. The delegates from the Reichsrat shall personally exer- cise their right to vote ; Article 25 determines when a substitute shall take the place of a delegate. Art. 23. The delegates from the Reichsrat ^ shall enjoy in that capacity the same immunity which they have as members of the Reichsrat by virtue of Article 16 of the fundamental law concerning the representation of the Empire. If the Reichsrat is not in session, the above-mentioned rights shall be enforced by the delegation itself with respect to its members. Art. 24. One who ceases to be a member of the Reichsrat shall cease at the same time to be a member of the delegation. Art. 25. If a vacancy occurs in the delegation or among the sub- stitutes a new election shall be held. If the Reichsrat is not in session the substitute shall take the place of the retiring delegate. ^ This law has not been passed. - The omission of all mention of the Hungarian delegation in this article should be attributed to an error in editing; see Article 37 of the Hungarian Law. 8 CONSTITUTIONS OF THE STATES AT WAR. Art. 26. When the House of Representatives is dissolved the powers of the delegation of the Reichsrat shall come to an end. The newly assembled Reichsrat shall elect a new delegation. Art. 27. The session of the delegation shall be closed, after the completion of its work, by the president with the consent of the Emperor or bj^ his order. Art. 28. The members of the joint ministry shall have the right to take part in all the deliberations of the delegation, and to pre- sent their projects personally or through a deputy. They shall be heard whenever they desire. The delegation shall have the right to address questions to the joint ministry or to any one of its members, to require answers and explanations and to appoint committees to whom the ministers shall furnish all necessary information. Art. 29. The sessions of the delegation shall as a rule be public. Exceptionally the public may be excluded if it is so decided by the assembly in secret session, upon the request of the president or of not less than five members. Every decision, however, shall be made in public session. Art. 30. Each delegation shall communicate to the other its de- cisions and, if the case requires it, the reasons therefor. This communication shall take place in writing, in German on the part of the delegation of the Reichsrat, in the Hungarian language on the part of the delegation of the Diet ; in each case there shall be annexed a certified translation into the language of the other dele- gation. Art. 31. Each delegation shall have the right to propose that a question be decided by a vote in joint session, and this proposal can not be declined by the other delegation after the exchange of three written communications without result. The two presidents shall agree upon the time and place of the joint meeting of the two delegations for the purpose of voting to- gether. Art. 32. In the joint sessions the presidents of the delegations shall preside alternately. It shall be determined b}^ lot which of the two presidents shall preside in the first place. In all subsequent sessions the presidency at the first joint meeting shall belong to the president of the delegation which has not had the presidency at the meeting immediatel}^ preceding. Art. 33. In order to transact business in joint session the presence of not less than two thirds of the members of each delegation shall be necessary. Decisions shall be reached by a majority vote. AUSTRIA-HUNGARY: THE DUAL MONARCHY. 9 If one delegation has more members present than the other, so many members shall abstain from voting as shall be necessary to establish an equality of the number of voters from each delegation. It shall be determined by lot which members shall abstain from voting. Art. 34. The joint sessions of the two delegations shall be pnblic. The minutes shall be kept in the two languages by the secretaries of the two delegations and attested by both. Art. 35. Further details regarding the procedure of the delegation of the Reichsrat shall be regulated by an order of business to be adopted by the delegation itself.^ Art. 36. Agreement concerning matters wdiich, though not man- aged in common, yet are to be regulated upon the same principles, shall be reached in one of the following ways: (1) The responsible ministries by an agreement between themselves shall prepare a proj- ect of law which shall be submitted to the representative bodies of the two parts of the Empire and the project agreed upon by the two representative bodies shall be submitted for the approval of the Emperor. (2) Each representative body shall elect from its members a deputation composed of an equal number of members, which shall prepare a project upon the initiative of the respective ministries; such project shall be submitted to each of the legislative bodies by the ministries, shall be regularly considered, and the identical law of the two assemblies shall be submitted for the ap- proval of the Emperor. The second procedure shall be followed especially in reaching an agreement concerning the distribution of the cost of affairs administered in common.^ AUSTRIAN LAW OF 22 FEBRUARY 1880.^ Law Concerning the Administration of Bosnia and Herzegovina, Entrusted to Austria-Hungary by the Treaty of Berlin of 13 July 1878.^ Article 1. In conformity with existing laws concerning the com- mon affairs of the Monarchy, the ministry is authorized and directed, under its constitutional responsibility, to .take charge of the pro- visional administration of Bosnia and Herzegovina, which shall be directed by the joint ministry. 1 Internal regulation for the delegation of the Reichsrat of 21 January 1868. See P. MoREAU ET J. Delpech, Lcs R^glemoits dcs Assemhlees Uoislatives, vol. i (Paris, 1906), p. 381. - Article 37 of this law is omitted ; it related to the time when the law became effective. 2 Translation based upon Dodd, op. cit., pp. 122-123. French translation in Dareste, op. cit., pp. 423-425. * Hungarian Law 6 of 1880 is identical. 88381—19—2 10 CONSTITUTIONS OF THE STATES AT WAR. Art. 2. The determination of the general spirit and principles of this provisional administration and the construction of railways f^hall, in particular, be regulated by agreement between the govern- ments of the two parts of the Austro-Hungarian Monarchy. Art. 3. The administration of these lands shall be so regulated that its expenses may be met from its own revenue. If and in so far as this result can not be immediately attnir.ed, l)rojects for raising revenue to cover ordinary expenses sliail be decided upon by agreement between the governments of the two parts of the Monarchy, in the manner. provided by existing laws for the regulation of common affairs. Nevertheless, in so far as the administration of Bosnia and Herze- govina may require expenditures for permanent establishments, which do not belong within the scope of the current administration, such as railways, public buildings and similar extraordinary expenses, which should be assumed by the Monarchy, subsidies therefor shall only be granted by virtue of identical laws passed by the two parts of the Monarchy. Art. 4. In the same manner the principles shall be established according to which the following affairs shall be regulated and administered in Bosnia and Herzegovina: 1. The customs system. 2. The indirect taxes which are regulated upon similar prin- ciples in the two parts of the Monarchy. 3. The monetary system. Art. 6. Any alteration of the relations existing between these lands and the Monarchy shall require an identical authorization from the legislatures of the two parts of the Monarchy. 2. AUSTRIA. The first attempt at a common representation of all the Austrian countries dates from 1848, when revolutions broke out in almost all parts of the Austrian dominions, but it was not until the Imperial Diploma of 20 October 1860 was issued that the way was finally paved for the establishing of lasting reforms. This Diploma was practically superseded by the Patent of 26 February 1861,^ which governed the representation of the Empire in the Reichsrat and gave to each Austrian province a special constitution and an elec- toral law. This Constitution of 1861 proved a signal failure, and the Emperor finally determined to recognize the principle of dual- ism^ and to reach an agreement with Hungary upon that basis. On 20 September 1865, he suspended the Patent of 1861, and negotia- tions were immediately begun with Hungary which ended in the Compromis of 1867. The changed relations with Hungary made necessary changes in the Austrian Constitution; the fundamental laws of 1867 recast the Austrian government upon more liberal prin- ciples than had hitherto existed. Since that date important changes have been introduced with regard to the suffrage qualification, and at the present time it seems that the problem of the diverse races con- tained in the Empire is about to receive its natural solution.^ FUNDAMENTAL LAWS OF 21 DECEMBER 1867.^ Law Concerning the General Rights of Citizens. ARTiciiE 1. For all natives of the various kingdoms and countries represented in the Reichsrat there exists a common right of Austrian 7^ 1 English translation in British and Foreign State Papers, 52 : pp. 1218-1221. == This introductory paragraph is based upon W. F. Dodd, Modern Constitutions (Chi- cago, 1909), vol. I, pp. 69-70, and F. R. Dareste et P. D.\reste, Les Constitutions ino- dernes (3d edition, Paris, 1910), vol. i, pp. 428-430. 3 Translation based upon Dodd, op. cit., pp. 71-89. German text of the second and last laws in Paul Posexer, Die Staatsverfassungen des ErdbaUs (Charlottenburg, 1909), pp. 753-700. French translation in Dxreste^ op. cit., pp. 431-451. 11 12 CONSTITUTIONS OF THE STATES AT WAR. citizenship. The law shall determine under what conditions Austrian citizenship is gained, exercised and lost. Art. 2. All citizens are equal before the law. Art. 3. Public offices shall be equally open to all citizens. The ad- mission of foreigners to public office is dependent upon their acquisi- tion of Austrian citizenship. Art. 4. The freedom of passage of persons and property, within the territory of the State, shall be subject to no restrictions. All citizens who live within a commune and pay therein a tax on real property, business, or income shall have the right to vote for members of the communal assembly {Gem,eind,evertretung) and shall be eligible to that body under the same conditions as natives of the commune. Freedom of emigration is limited by the State only by the obligation to serve in the army. Taxes on emigration shall be levied only as a measure of retaliation. Art. 5. Property is inviolable. Forced expropriation shall take place only in the cases and according to the forms determined by law. Art. 6. Every citizen may dwell temporarily or establish his resi- dence in any part of the territory of the State, acquire real property of any kind and freely dispose of the same, and may also engage in any form of business, under legal conditions. In the matter of mortmain the law may, for -reasons of public policy, restrict the right of acquiring and of disposing of real property. Art. 7. Every relation of vassalage or dependence is forever abol- ished. Every burden or charge resting upon the title to real property is redeemable, and in future no land shall be burdened with an irre- deemable charge. Art. 8. Liberty of person is guaranteed. The Law of 27 October 1862 {Reichsgesetzblatt^ No. 87) on the protection of individual liberty is hereby declared an integral part of the present fundamental law.^ Every arrest ordered or prolonged in violation of law imposes an obligation upon the State to indemnify the injured party. Art. 9. The domicile is inviolable. The Law of 27 October 1862 {Reichsgesetzhlatt^ No. 88) for the protection of the domicile is hereby declared an integral part of this fundamental law.^ Art. 10. The secrecy of letters shall not be violated ; the seizure of letters, except in case of a legal arrest or search, shall take place only in time of war or by virtue of a judicial order issued in conformity with the law.=^ 1 This law contains the provisions regarding arrest, hearing and bail. 2 This law regulates the issuance and execution of orders for the search of houses, s Law of 6 Atiril X^TO AUSTRIA-HUNGARY: AUSTRIA. 13 Art. 11. The right of petition is free to everyone. Petitions under a collective name should emanate only from legally recognized cor- porations or associations. Art. 12. Austrian citizens shall have the right to assemble together and to form associations. The exercise of these rights is regulated by special laws.^ Art. 13. Everyone shall have the right, vs^ithin legal limits, freely to express his thoughts orally, in writing, through the press, or by pictorial representation. - The press shall not be placed under censorship nor ■ restrained by the system of licenses. Administrative prohibitions of the use of the mail are not applicable to matter printed within the country. Art. 14. Full freedom of religion and of conscience is guaranteed to all. The enjoyment of civil and political rights is independent of religious belief; however, religious belief shall in no way inter- fere with the performance of civil duties. No one shall be forced to perform any religious rite or to partici- pate in any religious ceremony, except in so far as he is subject to another who has legal authority in this matter.^ Art. 15. Every legally recognized church and religious society has the right publicly to exercise its religious worship; it regulates and administers its internal affairs independently, remains in possession and enjoyment of its establishments, institutions and property held for religious, educational and charitable purposes; but is subject, as other societies, to the general laws of the State.* Art. 16. Adherents of a religious confession not legally recognized are permitted to worship privately, in so far as their religious serv- ices are not illegal or contrary to public morals.* Art. 17. Science and its teaching shall be free. Every citizen whose capacity has been established in conformity with law shall have the right to establish institutions of instruction and education and to give instruction therein. Private instruction shall be subject to no such restriction. Religious instruction in the schools shall be left to the church or religious society to which the school is attached." The State shall have the right of superior direction and superintend- ence over the entire system of education and instruction.'' Art. 18. Everyone shall be free to choose his occupation and to prepare himself for it in such place and in such manner as he may wish. 1 Two laws of 15 November 1867. = Law of 17 December 1862. 3 Law of 25 May 1868. * Law of 7 May 1874. = Laws of 25 May 1868 and 20 June 1872. Law of 14 May 1869, amended and completed by Law of 2 May 1883. 14 CONSTITUTIONS OF THE STATES AT WAK. Art. 19. All the races of the State shall have equal rights, and each race shall have the inviolable right of maintaining and cultivating its nationality and language. The State recognizes the equality of the various languages in the schools, public offices, and in public life. In the countries populated by several races, the institutions of public instruction shall be so organized that each race may receive the necessary instruction in its own language, without being obliged to learn a second language.^ Art. 20. A special law shall determine the right of the responsiJble governing power to suspend temporarily and in certain places the rights mentioned in Articles 8, 9, 10, 12 and 13.^ Law Altering the Law or 26 February 1861 Concerning Imperial Eepresentation. Article 1. The Reichsrat is the common representative body of the Kingdoms of Bohemia, Dalmatia and Galicia and Lodomeria with the Grand Duchy of Cracow, of the Archduchies of Lower and Up- per Austria, of the Duchies of Salzburg, Styria, Carinthia, Carniola and Bukowina, of the Margravate of Moravia, of the Duchy of Up- per and Lower Silesia, of the Princely County of Tyrol and the terri- tory of Vorarlberg, of the Margravate of Istria, of the Princely County of Gorz and Gracliska, and of the City of Triest with its territory. The Reichsrat is composed of a House of Lords {Herren- haus) and a House of Representatives {Flaus der Abgeordneten) . Persons appointed members of the House of Lords in conformity with Articles 3 and 5 may be elected to the House of Representatives. In case of the acceptance of such an election, the membership in the House of Lords ceases for the period during which such office is held.^ Should a representative be appointed to the House of Lords in conformity with Articles 3 or 5, his membership therein shall not begin until after he ceases to be a representative.^ Art. 2. Princes of the imperial family who have attained full age are by birth members of the House of Lords. Art. 3. Chief of the indigenous noble families, of full age, who possess extensive landed property within the Austrian States, are hereditary members of the House of Lords, if such dignity has been conferred upon them by the Emperor. Art. 4. All archbishops and all bishops enjoying princely rank, within the Austrian States, shall be members of the House of Lords by virtue of their high ecclesiastical rank. 1 Cf. Law of 28 February 1882. 2 Law of 5 May 1869. 3 As amended 26 January 1907. AUSTRIA-HUNGARY: AUSTRIA. 15 Art. 5. The Emperor shall have the right to call into the House of Lords as life members eminent men from the kingdoms and! countries represented in the Keichsrat, who have rendered dis- tinguished services to the State or church, to science or art. The number of such members shall not exceed 170 nor fall below 150.^ Art. 6. The House of Representatives shall be composed of 516 members, apportioned to and elected in the several kingdoms and countries as follows : Kingdom of Bohemia 130 Kingdom of Dalmatia 11 Kingdom of Galieia and Lodomeria witli tlie Grand Duchy of Cracow 106 Arcliduchy of Lower Austria 64 Archduchy of Upper Austria 22 Duchy of Salzburg 7 Duchy of Styria 30 Duchy of Carinthia 10 Duchy of Carniola 12 Duchy of Bukowina 14 Margravate of Moravia 49 Duchy of Upper and Lower Silesia 15 Princely County of Tyrol 25 Territory of Voralberg 4 Margravate of Istria 6 Princely County of Gorz and Gradiska City of Triest aud its territory 5 The apportionment to the several election districts of the members of the House of Representatives, to be chosen in accordance with this list, shall be determined by the election law of the Reichsrat." Art. 7. Every male person who has attained the age of 24 years, possesses Austrian citizenship, is not excluded from the right to vote by the provisions of the election law of the Reichsrat, and who at the time the election is ordered has resided for at least one year in the Austrian commune in which the right to vote is to be exercised, is qualified to vote for representatives.^ Every male person who has been in the possession of Austrian citizenship for at least three years, has attained the age of 30 years, and is not excluded from the right to vote by the provisions of the election law of the Reichsrat, is eligible as a representative. In case the election law of the Reichsrat should provide for the election of substitutes of representatives, the foregoing provisions concerning eligibility are also applicable to such substitutes. ^ This paragraph added by amendment of 26 Janua'ry 1907. - This article was amended on 26 January 1907, increasing the membership of the House of Representatives from 425. The new election law bears the same date. = Art. 66, Sect. 1 of the Law of 1 August 1895. 16 CONSTITUTIONS OF THE STATES AT WAR. The election law of the Reichsrat contains the further regulations concerning the exercise of the right to vote and concerning the con- duct of elections.^ Art. 8. Public officers and functionaries who ma}^ be elected to the House of Representatives do not need a leave of absence in order to attend the meetings of that body. Art. 9. The Emperor appoints the president and vice-president of the House of Lords from among its members, and for the term of the session. The House of Representatives elects from its own members its president and vice president. Each of the houses chooses its other officers. Art. 10. The Reichsrat shall be convened annually by the Emperor, during the winter months when possible. Art. 11. The competence of the Reichsrat extends to all matters which relate to the rights, obligations and interests common to the countries represented therein, in so far as these matters are not to be handled in common, in consequence of the agreement of the countries of the Hungarian crown with the other countries of the monarchy. Thus, the competence of the Reichsrat extends to : a. The examination and approval of commercial treaties and of those political treaties which place a financial burden upon the Em- pire or upon any part thereof, which place obligations upon indi- vidual citizens, or which have as a consequence a change of the terri- tory of the kingdoms and countries represented in the Reichsrat. 1). All matters which relate to the form as well as to the regula- tion and term of military service ^ ; particularly the annual grant of military forces, and the general provisions regarding the furnishing of relays and the maintenance and quartering of troops. c. The establishment of the budget, and particularly the annual grant of taxes and duties to be levied; the examination of the ac- counts and of the results of the financial administration, the final approval of such accounts ; the issue of new loans, the conversion of the existing State debt, the alienation, transformation, or burdening ^ The text here given is that introduced by amendment of .26 January 1907. Before this change there were five classes of electors: (1) The great landowners, comprising those who paid a certain land tax, varying in the several Provinces from 50 to 250 florins ; this class elected 85 representatives. (2) The cities, where the electoral franchise was extended to all males of 24, who paid a tax of 5 florins ; this class elected 99 representa- tives. (3) Chambers of commerce and of industry ; this class alone elected 21 repre- sentatives and together with the second class chose 19 others. ' (4) Rural communes, in which the qualifications for voting. were the same as in the cities; this class elected 129 representatives. (5) A fifth class created by law of 14 June 1896 included all males who had attained the age of 24 .years ; this class chose 72 representatives. The amendment of 1907 abolishes the class system of voting, and establishes universal suffrage for all representatives. The election law of the Reichsrat of 26 January 1907 makes the further provisions for elections under the new system of universal suffrage ; each Province is divided into election districts, most of which choose only one repre- sentative ; each commune forms a voting precinct. 2 Laws of 11 April 1889 and 6 June 1886. AUSTRIA-HUNGARY: AUSTRIA. 17 of the public domain ; legislation concerning monopolies and seignio- rial rights, and in general all financial affairs which are common to the kingdoms and countries represented in the Reichsrat. (J. The regulation of the monetary system and of banks of issue, of customs and commercial affairs, of the telegraph, post, railways, navigation, and of other means of communication within the Empire. e. Legislation concerning credits, banks, patents of invention, in- dustry,^ with the exception of legislation concerning the monopoly of liquor; weights and measures, the protection of trade-marks and of industrial models. /. Legislation concerning public health and for protection against epidemics and epizootics. fj. Legislation concerning citizenship and domicile, the police control of foreigners, the system of passports and the taking of the census. h. Concerning confessional relations, the rights of assembly and of association; concerning the press and the protection of literary «nd artistic property. I. The establishment of the principles of the educational system in the primary - and secondary schools, and legislation concerning the universities. Tx. Legislation concerning criminal justice and police penalties^; the civil law^, w^ith the exception of legislation concerning the details of the systems of public registries and concerning such matters as, in the terms of the provincial constitutions and of this fundamental law, belong within the competence of the provincial diets ; legislation concerning commercial law and commercial paper,* maritime law, mines ^ and feudal rights. I. Legislation concerning the principles of the judicial and ad- ministrative organization. m. The laws to be passed in execution of the fundamental laws concerning the general rights of citizens, the imperial court, the judicial power and the administrative and executive power. n. Legislation concerning the matters which relate to the duties and relations of the particular countries among themselves, 0. Legislation concerning the manner of handling matters which, through the agreement with Hungary, are recognized as common to the two parts of the Empire. Art. 12. All matters of legislation other than those expressly re- served to the Reichsrat by the present law belong within the power 1 Law of 20 December 1859. amended 15 March 1883 and 8 March 1885. = Law of 14 May 1860, amended 2 May 18S.S. 3 Code of Criminal I'rocedure of 2^ May 1S73 ; Penal Code of 27 May 1852. * Commercial Code of 17 December 18G2. ^ Law of 2;! May 1854. 18 COFSTITUTIOFS OF THE STATES AT WAR. of the provincial diets of the kingdoms and countries represented in the Eeichsrat and are constitutionally regulated by such diets.^ In matters which, according to the principles of the provincial constitutions and of this fundamental law, belong within the com- petence of provincial legislation, the provinces in the regulation of such affairs may also adopt necessary measures in the fields of criminal justice, police justice and civil law.^ Within the field of provincial legislation belongs also the regu- lation of the organization of public administrative offices which are created by the exercise of the power of provincial legislation to organize autonomous administrative departments, the activities of which are based upon the principles reserved to imperial legislation by Article 2 Z of this fundamental law.^ However, should a provincial diet decide that a matter committed to it ought to be discussed and decided in the Reichsrat, such matter, for this particular case and with reference to this diet, shall come within the power of the Eeichsrat. Art. 13. Projects of laws may be gubmitted to the Eeichsrat by the government. The Eeichsrat shall also have the right to pro- pose laws upon matters within its competence. Every law requires the agreement of the two houses and the ap- proval of the Emperor. If it should happen that, in certain items of an appropriation act or with reference to the size of the contingent, in a recruiting act, no agreement can be reached between the two houses after repeated delib- eration, the lowest figure shall be considered as granted. Art. 14. If urgent circumstances should render necessary some measure constitutionally requiring the consent of the Eeichsrat when that body is not in session, such measure may be taken by imperial ordinance, issued under the collective responsibility of the ministry, provided it makes no alteration of the fundamental law, imposes no lasting burden upon the public treasury, and alienates none of the domain of the State. Such ordinances shall have provisionally the force of law, if they are signed by all of the ministers, and shall be published with an express reference to this provision of the funda- mental law. 1 The 17 divisions of the Empire form 15 provincial governments, the city of Triest, the county of Gorz and Gradiska, and the Margravate of Istria being combined into a divi- sion called Coastland. Bach division establishes its own Landesordnung or provincial constitution ; each has a provincial diet, which exercises the legislative power, and a pro- vincial committee, which exercises the executive power in local affairs. The Emperor convenes the diets annually, appoints their presidents, and may dissolve them at any time ; every provincial law requires his approval. The principal executive and administrative officer of the province is the Statthalter or Landesprdsident, who is appointed by the Crown and is independent of local control. ' This paragraph added by Law of 26 January 1907. AUSTRIA-HUNGAKY : AUSTRIA. 19 The legal force of such an ordinance shall cease, if the government neglects to present it for the approval of the Reichsrat at its next suc- ceeding session, and indeed first to the House of Representatives, within four weeks after its convention, or if one of the two houses refuses its approval thereto. The ministry shall be collectively responsible for the withdrawal of such ordinances as soon as they have lost their provisional legal force. Art. 15. For the validity of any decision of the Reichsrat there is necessary in the House of Representatives the presence of 100 mem- bers, in the House of Lords of 40 members, and in each house the vote of a majority of those present. Modifications in the present fundamental law and in the fundamen- tal laws on the general rights of Austrian citizens, on the establish- ment of the imperial court, on the judicial power, and on the exercise of administrative and executive power, shall be made only by a major- ity of not less than two thirds of the members present and with the presence of not less than half of the members of the House of Repre- sentatives.^ Art. 16. Members of the House of Representatives shall receive no instructions from their electors. Members of the Reichsrat shall not be held responsible on account of any vote given, and for any utterances made by them in the exer- cise of their office they may be held responsible only by the house to which they belong. No member of the Reichsrat shall be arrested or proceded against judicially during the time of a session, on account of any criminal act, without the consent of the house, unless he were apprehended in the very act. Even when the member is taken in the very act, the court shall give immediate notice of the arrest to the president of the house. If the house requires it, the arrest must be suspended or the pro- ceedings postponed during the session. The house shall have the same right with respect to an arrest or judicial proceeding instituted against a member when the Reichsrat is not in session. Art. 17. All members of the Reichsrat must personally exercise their right to vote. Art. 18. Members of the House of Representatives are elected for a period of six years.^ At the expiration of this period, as also in the case of the dissolu- tion of the House of Representatives, a new election shall be held. 1 " And with . . . Representatives " added 2 April 1873. 2 As amended 2 April 1873. By the original text no limitation was placed upon the life of the Reichsrat, which came to an end only by dissolution. 20 COITSTITUTIONS OF THE STATES AT WAK. The retiring representatives shall be eligible for reelection. During the intervals between general elections supplementary elec- tions shall be held when a- member ceases to be eligible, dies, resigns, or for any other legal reason ceases to be a member of the Reichsrat, in case a substitute should not have been elected for such representa- tive. In the latter case the election law of the Reichsrat shall contain provisions concerning the management of the new election.^ Art, 19. The adjournment of the Reichsrat or the dissolution of the House of Representatives shall take place by decree of the Emperor. In case of dissolution a new election shall be held in conformity with Article 7. Art. 20. Ministers and chiefs of the central administration are •entitled to take part in all deliberations and to present their pro- posals personally or through representatives. Each house may re- quire the presence of a minister. Ministers shall be heard whenever they desire. They shall have the right to vote only when they are member^ of one of the houses. Art. 21. Each of the two houses of the Reichsrat may interpellate the ministers upon all the matters within the scope of their powers, may investigate the administrative acts of the Government, demand information from the ministers concerning petitions presented to the houses, may appoint commissions, to which the ministers shall give all necessary information, and may give expression to its views in the iorm of addresses or resolutions. Art. 22. A special law shall provide how the control of the public debt shall be exercised by the representative bodies,^ Art. 23. The sessions of both houses of the Reichsrat shall be public. Each house shall have the right, in exceptional cases, to exclude the public, upon the demand of the president or of at least 10 mem- bers, by a decision taken behind closed doors. Art. 24. The law regarding the order of business of the Reichstat shall contain detailed provisions concerning the reciprocal and ex- ternal relations of the two houses.^ Law Concerning the Establishment or an Imperial Court. Article 1. For the decision of conflicts of jurisdiction and of dis- puted questions of public law an Imperial Court {Reichsgericht) ^ As amended 26 January 1907. ~ Law of 10 June 1868, amended 13 April 1870. 3 Laws of 12 May 1873, 25 January 1875 and 2 March 1875. Of. F. Moreau et J. DelpecHj Les Reglements des Assemblees legislatives, vol. i (Paris, 1906), pp. 426 and 446. AUSTRIA-HUNGARY*. AUSTRIA. 21 shall be established for the kingdoms and countries represented in the Reichsrat.^ Art. 2. The Imperial Court shall decide finally concerning conflicts of jurisdiction: a. Between the judicial and the administrative authorities, con- cerning the question whether a matter should be decided judicially or by administrative procedure, in the caseg determined by law. l). BetAveen the provincial diet of a particular country and the higher governmental authorities, when each of them claims the right to regulate or to decide an administrative matter. c. Between the independent public authorities of the several countries in the affairs of which they have the direction and ad- ministration. Art. 3. The Imperial Court shall also decide finally : a. Concerning claims of a particular kingdom or country against the Empire, and vice versa ; claims of one of the kingdoms or coun- tries against another; claims of a commune, corporation, or individual against any one of the kingdoms or countries or against the Empire, if surh claims can not be decided by the regular courts. 5. Concerning complaints of citizens on account of the violation of political rights guaranteed to them by the constitution, after the matter shall have been the object of an administrative decision, in accordance with the law. Art. 4. Concerning the question w^hether the decision of a par- ticular case is within its jurisdiction, the Imperial Court alone de- cides; its decisions exclude any further appeal or judicial pro- ceedings. If a matter is referred by the Imperial Court to a regular court or to an administrative authority, the latter can not refuse to decide such a matter on the ground of incompetence. Art. 5. The Imperial Court shall sit at Vienna, and shall be com- posed of a president and president substitute, appointed by the Emperor for life, and of 12 members and 4 substitutes, also ap- pointed for life by the Emperor, upon the nomination of the Reichsrat ; 6 members and 2 substitutes shall be nominated by each house. The nominations should be made in such a way that there shall be three properly qualified candidates for each place to be filled. Art. 6. A special law shall determine the detailed provisions con- cerning the organization of the Imperial Court, its procedure, and the execution of its decisions and orders.- 1 By a decision of 20 January 1897, the Imperial Court held that it was not competent to decide controversies between the legislature and the executive authorities. " The Imperial Court was organized by a law of 18 April 1869. 22 coisrsTiTUTioisrs of the states at wae. Law Concerning the Judicial Power. Article 1. All judicial power of the State shall be exercised in the name of the Emperor. Judgments and sentences shall be executed in the name of the Emperor. Art. 2. The organization and jurisdiction of courts shall be established by law. Special tribunals may be established only in the cases previously determined by law. Art. 3. The jurisdiction of military courts shall be determined by special law. Art. 4. The jurisdiction with reference to violations of the police and tax laws shall be regulated by law. Art. 5. The judges shall be appointed for life by the Emperor or in his name. Art. 6. The judges shall be independent in the execution of their judicial office. They shall be deprived of their office only in the cases provided by law, and by virtue of a formal judicial sentence; they shall be suspended only by the order of the president of the court or of a higher judicial officer, the matter being at the same time referred to the proper court; the transfer of a judge to another place or his retirement against his will shall take place only by judicial decision in the cases and in the manner provided by law.^ However, these provisions do not apply to displacements or re- tirements which are made necessary by changes in the judicial organization. Art. T. The courts shall not have power to decide as to the validity of laws properly promulgated. However, the courts may determine the validity of ordinances {Verordnungen) which are involved in cases before them. Art. 8. All judicial officers, in taking the oath of office, shall swear to an inviolable observance of the fundamental laws. Art. 9. Independently of the other means provided by the judicial procedure, an action may be brought against the State or its judicial officers, because of wrongs committed by the latter in the exercise of their functions. This right of action shall be regulated by a special law.^ Art. 10. Proceedings before the judges in civil and criminal cases shall be oral and public. Exceptions to this rule shall be determined by law. In criminal proceedings the system of public prosecution shall be in force.^ ^ Law of 21 May 1868. 2 Law of 12 July 1872. ^ Code of Criminal Procedure of 23 May 1873. AUSTRIA-HUNGARY: AUSTRIA. 23 Art. 11. For all offenses punished by severe penalties, which shall be determined by law, as well as for all political crimes and misde- meanors and offenses committed b}^ the press, a jiny shall decide concerning the guilt of the accused. Art. 12. The Supreme Court of Justice and Cassation sitting at Vienna shall be maintained for all of the kingdoms and countries represented in the Reichsrat. Art. 13. The Emperor shall have the right of amnest}^; he shall also have the right to remit or to reduce the penalties imposed by the courts as well as to relieve the convicted person of the legal conse- quences of his condemnation, with a reservation of the restrictions contained in the law concerning ministerial responsibility. It is reserved to the law of criminal procedure to provide a legal rule as to the cases in which a punishable act shall not be subject to a criminal proceeding, and that a trial begun in such a case shall be discontinued. Art. 14. Justice shall be separated from administration in every case. Art. 15. In every case where an administrative authority, under present or future laws, has to decide a contest between individuals, the party injured in his rights by such decision shall be free to pro- ceed against the other party in the regular courts. Moreover, if anyone asserts that through a decision or order of an administrative authority his rights have been violated, he shall have the right to make his claim against a representative of the adminis- trative authority before the administrative court in public oral pro- cedure. The cases in which the administrative court shall have jurisdiction, the composition of the court and the procedure therein shall be regu- lated by a special law,^ Law Concerning the Exercise or Administrative and Executive Power. Article 1. The Emperor is sacred, inviolable, and irresponsible. Art. 2. The Emperor shall exercise governmental power through responsible ministers and officers and agents subordinate to them. Art. 3. The Emperor shall appoint and dismiss ministers and, upon the proposal of the respective ministers, appoint all officers in all branches of the public service, in so far as the law does not other- wise provide. Art. 4, The Emperor shall confer titles, orders and other public distinctions. 1 Law of 22 October 1875, amended 19 March 1894 and 21 September 1905. 24 CONSTITUTIONS OF THE STATES AT WAK. Art. 5. The Emperor shall have supreme command of the armed force, shall declare war and conclude peace. Art. 6. The Emperor shall conclude political treaties. The con- sent of the Reichsrat is necessary for the validity of any treaties of commerce or political treaties which impose obligations upon the Empire, upon any ]3art thereof, or upon any of its citizens. Art. 7. The right to coin money shall be exercised in the name of the Emperor. Art. 8. Before assuming the government the Emperor shall take a solemn oath in the presence of both houses of the Reichsrat : To maintain inviolable the fundamental laws of tlie kingdoms and countries represented in the Reichsrat, and to govern in conformity with them, and in con- formity with the laws in general. Art. 9. The ministers shall be responsible for the constitutionality and legality of governmental acts done within the sphere of their powers. This responsibility, the organization of a court to try impeach- ments of ministers, and the procedure to be observed in such a court shall be regulated by a special law.^ Art. 10. The publication of the laws shall take place in the name of the Emperor, with a note of their passage by the representative bodies in the constitutional manner and under the signature of a responsible minister.^ Art. 11. The public authorities are empowered, within the sphere of their respective duties, to issue decrees and orders in execution of the laws, and to enforce the observance of such regulations and of the law^s by all those to whom they are applicable. Special laws shall regulate the powers of the administrative au- thorities, and the powers of the armed force which is permanently organized or called out in a particular case for the maintenance of public safety, peace and order. Art. 12. All the officers of the State shall be responsible for the observance of the fundamental laws and of the imperial and pro- vincial laws in the performance of their official duties. To make such responsibility effective it shall be the duty of the organs of the executive power to exercise a disciplinary control over the above-mentioned public officials. The civil liability of public officers for injury caused by illegal use of their powers shall be regulated by law. Art. 13. All members of the public administration, in their oath of office, shall swear to an inviolable observance of the fundamental laws. ^Law of 25 July 1867. 2 Law of 10 June 1869, 3. HUNGARY. The constitutional development of Hungary has frequently been compared Avith that of England, for the Constitution is not embodied in any one instrument, but is contained in numerous laws which may be altered by the regular legislative processes. However, in Hungary the Constitution has been embodied in written laws to a much greater extent than in England. The most important of the earlier constitut;ional documents of Hungary is the Bulla Aurea of Andreas II,'^vhich was issued in 1-222 ^ and which bears a striking resemblance to the English Magna Carta of 1215. Bulla Aurea is now chiefly of historical interest, but is of importance as one of the first steps in a long and continuous constitutional development. Ferdinand I of Austria was chosen King of Hungary in 1526, after the Hungarian forces had been signally defeated by the Turks at the battle of Mohacs. The Hapsburgs constantly endeavored to reduce Hungary to the position of a province of the Empire, and to abolish its independent national institutions. However, by the Prag- "^ matic Sanction, which was embodied in three Hungarian laws of 1722-23, the rights of Hungary were guaranteed. NotAvithstanding the guaranty of Hungarian institutions the efforts to Aveaken or destroy them continued, and it was only in 1848 that tlie revolutionary movement finall}?^ enabled the liberal members of the Diet to carry their measures. Thirty-one law^s, en;bodying among other things the Hungarian demands for a separate responsi- ble ministrA' and for annual sessions of the Diet, were enacted and Avere approved by the Emperor on 11 April 1848. Under these laws "" Hungary became practically independent, uniting with Austria by a personal union. An attempt on the part of Hungary to secure pom- plete independence resulted in the surrender of the Hungarians at Vilagos on 13 August 1849. After Vilagos Hungary Avas governed for 10 years as a subject province. The Diploma of 20 October 18G0 recognized the rights of the Hungarian Diet, but the Patent of 26 February 1861 estab- lished a central legislature at Vienna. Hungary refused to join in 1 French translation in P. R. Dareste et P. Dakeste, Ijs Constitutions modernes (3(J edition, Paris, 1910), vol. i, pp. 470-476. 25 88381—19— 3 26 coisrsTiTUTioisrs of the states at war. such a legislature or to be content with any arrangement which should not give her absolute control over her local affairs. In 1865^ negotiations were entered into upon the basis of Hungary's right to an independent government, and the agreement of 1867 guarantees the " laws, constitution, legal independence, freedom, and territorial integrity of Hungary and its subordinate countries." The laws of 1848 again came into full force, and the parliamentary institutions of the country were reestablished upon a firm basis. Under the terms of the agreement of 1867 Hungary was left to deal as it thought best with the races within its territory. With Croatia alone did Hungary find it necessary to make special terms. By a law of 1868, which has been several times amended, an arrangement ^ was made between Hungary and Croatia similar in many respects to that between Austria and Hungary.- LAW 10 OF 1791.3 On the Independence of the Kingdom or Hungary and Its Dependencies.* On the proposal of the estates and orders of the Kingdom, His Sovereign Majesty has been graciously pleased to recognize that, al- though the female succession of the august house of Austria, estab- lished by Laws 1 and 2 of 1723 in the Kingdom of Hungary and its dependencies, attaches to the same prince as in the other Kingdoms and hereditary States situated in Germany and outside of Germany, which must be possessed inseparably and indivisibly in accordance with the established order of succession, nevertheless, Hungary with its dependencies is a free kingdom, and independent in all that con- cerns the legal form of the government (with all its dicasteries^), that is to say, that it is subject to no other kingdom or people, but that it has its own existence and constitution, and that it must be governed and administered by its hereditary King, legally crowned, and, consequently, by His Sovereign Majesty and his successors, the Kings of Hungary, in accordance with its own laws and customs and not on the model of other provinces, conformably to Laws 3 of 1715 and 8 and 11 of 1741. 1 French translation of the Compromis in Dareste, op. cit., pp. 505-520. - These introductorj' paragraphs are based upon W. F. DodDj Modern Constitutions (Chicago, 1909), vol. i, pp. 91-93, and Dareste, op. cit., pp. 464-470 and 504-505. s Laws 10, 12 and 19 of 1791 and 8, 18 and 20 of 1848 have been translated by Ruth E. Stanton from the French translation in Dareste, op. cit., pp. 476, 477, 478, 487 and 488. * Leopoldi II Regis Decreti A. 1791, Art. 10 {De independentia Regni Hungarim parti- umqtie eident annexarum,). The expression partes annexw served to designate the ■countries beyond the Drave (Croatia-Slavonia-Dalmatia). ^ Government authorities. AUSTRIA-HUNGARY: HUNGARY. 27 LAW 12 OF 1791. On the Exercise of the Leoislative and Executive Power/ His Sovereign Majesty voluntarily and of his own accord recog- nizes that the poAver to make, abrogate and interpret the laws in this Kingdom of Hungary and its dependencies belongs, save for the provisions of Law 8 of 1741, to the lawfully crowned Prince and to the estates and orders of the Kingdom lawfully assembled in Diet, and he has been graciously pleased to declare that he would preserve intact this right of the States, "and would transmit it inviolate to his august successors as he had received it from his illustrious ancestors, guaranteeing to the estates and orders of the Kingdom that the King- dom and its dependencies shall never be governed by edicts or by what are known as patents, which can in no case be received by any of the tribunals of the Kingdom, the deliverance of patents being reserved only in the case where, on points in other respects conform- ing to the law, the publication can be effectively obtained only in this way. In consequence: The organization of tribunals, established or to be established by the law, can not be niodified by royal authority; the execution of lawful sentences can not be prevented by orders of the King, nor can he in person be permitted to prevent it; the lawful sentences of the tribunals shall not be altered or yielded to the revision of the King or any political administrative authority, but the judgments shall be rendered conformably to the laws at present existing or subse- quently to be made, and to the recognized custom of the Kingdom, by judges chosen without religious distinction, and the execvitive power shall be exercised by His Royal Majesty only in the meaning of the laws. LAW 19 OF 1791. On Subsidies and Contribution. ^ His Sovereign Majesty has also been graciously pleased to guar- antee fully to the estates and orders of the Kingdom and the de- pendencies that no subsidies, under any name whatsoever, either in money, in kind or in recruits, shall be imposed by the royal will either upon the estates and orders or upon persons not of the nobility, nor shall they be solicited, under the pretext of a free gift or for any other reason, outside of the diet, save in so far as concerns the provision of Law 8 of 171.5 confirmed by Law 22 of 1741.^ The ^ Leopoldi II Regis Decreti, Art. 12 (De legislatirw et-exec-ntlvw potestatis exercitio) . - Leopoldl II Regis Decreti, Art. 19 (De suhsidiis et contributione) . 3 These laws provide that in case of an unexpected war or a war of invasion the diet must be convoked in a place in the interior of the Kingdom in order to deliberate upon an extraordinary imposition (tax). 28 CONSTITUTIONS OF THE STATES AT WAR. amount of the contribution appropriated for the maintenance of the permanent army shall always be determined from one diet to the other in the comitia of the Kingdom ; save for the other provisions of Law 8 of 1715 above cited, which are, presmnably, confirmed.^ LAW 3 OF 1848.2 On the Formation of a Eesponsible Htjngarian Ministry.^ Article 1. The person of His Majesty the King is sacred and inviolable. Art. 3. His Majesty shall exercise the executive power in con- formity with law, through the independent Hungarian ministry, and no ordinance, order, decision, or appointment shall have force unless it is countersigned by one of the ministers residing at Buda- pest. Art. 4. Each member of the ministry shall be responsible for all of his official actions. Art. 5. The official seat of the ministry is Budapest. Art. 6. In all matters which have heretofore been within the power of the Eoyal Hungarian Chancellery, of the Eoyal Council of the Regency and of the Royal Council of the Treasury, including therein mining, and especially in all civil, ecclesiastical, financial and mili- tary affairs, and in general in all matters relating to national defense. His Majesty shall henceforth exercise the executive power exclusively- through the Hungarian ministry. Art. 7. It shall be within the immediate power of His Majesty, in every case with the countersignature of the proper responsible Hungarian minister, to appoint archbishops, bishops, priors, and abbots, as well as standard bearers, to exercise executive clemency, to grant noble rank, titles and orders. Art. 10. The ministry shall be composed of a president and of eight other ministers, if the president does not himself assume one of the portfolios. Art. 12, His Majesty shall appoint the ministers upon the nomi- nation of the president of the ministry.* Art. 13. One of the ministers shall always be in attendance upon the person of His Majesty and shall take part in all affairs which ^ This refers to the provisions of Law 8 of 1715 relative to the military service of the nobility and to the maintenance of the permanent army by means of a contribution to be determined in accord with the diet. ' Translations of Laws 3, 4 and 5 of 1848, 33 of 1874, and 7 of 1885 are based upon those in Dodd^ op. cU., pp. 93-111. French translations of Laws 3 and 4 of 1848 and 7 of 1885 appear in Daeeste, op. cit., pp. 479-487 and 493-501. 2 Articles 2, 9, 11 and 88 of this law were repealed and Articles 3, 17, 19 and 24 were modified by Law 7 of 1867, which suspended the office of Palatin. Article 8 related to military affairs which are now conducted by the Austro-Hungarian Government. ^ As amended by Law 8 of 1867. AUSTRIA -HTtxGARY: HUNGARY. 29 are common to Hungary and the hereditary Provinces, and in such affairs he shall, under his responsibility, represent Hungary.^ Art. 14. Besides the member attached to the person of the King for the affairs mentioned in Article 13, the ministry shall be divided into the following departments : a. Interior. h. Finance. c. Commerce.^ cL Agriculture. - e. Religion and education. /. Justice and pardons. g. National defense.^ Art. 15. A separate minister shall be at the head of each depart- ment and of the official personnel thereof, which shall be under the direction of the respective chiefs of division. Art. 16. The manner of conducting business within the depart- ments shall be regulated by the ministry itself. Art. 17. The president of the ministry shall preside over the Coun- cil of Ministers in the absence of the King, and he may convene the Council of Ministers as often as he considers it necessary. Art. 18. Each minister shall be responsible for the orders which he signs. Art. 19. For the consideration of the public affairs of the country under the presidency of His Majesty or of the president of the min- istry, a Council of State shall be established at Budapest, which shall be permanently organized by the next Diet.* Art. 20. In addition to the necessary staff of officers, two councilors of state shall be assigned to the minister in attendance upon the per- son of the King, such councilors to be selected for the present from among the active councilors of the Royal Hungarian Chancellery upon the nomination of the above-mentioned minister. Art. 21. The affairs enumerated in Article 7 as reserved imme- diately to His Majesty shall be administered by the responsible Hun- garian minister in attendance upon the person of the King, together with the councilors of state and officers associated with him. Art. 22. The other active councilors of the Royal Hungarian Chan- cellery shall be transferred to the Council of State mentioned in Article 19. 1 Affairs common to the two countries are now handled by the joint ministry. ^ As amended by Law IS of 1889. These two ministries were formerly called " Public Works, Means of Communication and Navigation " and " Agriculture, Industry and Com- merce," respectively. ^ For the representation of the interests of Croatia-Slavonia-Dalmatia, there is also appointed a separate Croatian minister who is without portfolio. This minister is en- titled to vote in the Council of Ministers and is responsible to the Hungarian House of Representatives. ^ The Council of State has never been organized ; hence Articles 19-24 are not really in force. 30 CONSTITUTIONS OF THE STATES AT WAE. Art. 23. The Royal Hungarian Council of the Regency and the Eoyal Council of the Treasury shall be divided among the respective departments of the ministry in pursuance of the provisions of Law 58 of 1791/ which shall also be taken into consideration in the organi- zation of the Council of State. Art. 24. The presidents of the government offices mentioned in Article 6 shall have seats in the Council of State designated by Arti- cle 19, and shall preside therein in the absence of the King and the ministers. Sec. 25. All officers and employees of the government offices men- tioned in Article 6, not only those who receive new appointments but also those who can not be given places in the above-mentioned de- partments of the ministry, shall retain their present salaries until other provision is made. Art. 26. The legal powers of all local governing bodies of the coun- try shall remain in full force.^ Art. 27. The legally established courts shall preserve their legal independence and shall retain their present organization until further provided by law.^ Art. 28. The ministers shall have seats in the two houses of the Diet and must be heard therein when they wish to speak. Art. 29. Ministers shall be bound to attend in either house of the Diet when requested, and to give proper explanations. Art. 30. Upon demand of either house of the Diet the ministers shall be bound to submit their official papers for examination by the house itself or by a committee appointed by the house. Art. 31. Ministers shall have a vote in the Diet only in case they are legal members of the Table of Magnates or have been elected as repre- sentatives in the House of Representatives. Art. 32. Ministers may be held responsible: a. For every act committed or order executed by them in their official capacity which violates the independence of the country, the guaranties of the Constitution, the provisions of existing laws, per- sonal liberty, or the inviolability of property. 5. For misapplication or illegal use of money or other property entrusted to them. c. For failure to execute the laws or to maintain public peace and order, in so far as such neglect could have been avoided by the use of means placed at their disposal by the law. ^ This law provides that the attributions of the Coimcil of the Regency be extended to Croatia-Slavonia, which consequently should have a fixed number of representatives therein. 2 See Dareste, op. cit., p. 482, note 1. 2 See Dareste, iMi., note 2. AUSTRIA-HUNGARY: HUNGARY. 31 Art. 33. The Lower House may impeach ministers by a majority vote. Art. 34. Jurisdiction in such a case shall be A'estecl in a court, chosen by means of secret ballot by the Upper House from among its own members; the procedure shall be public, and the penalty shall be fixed in proportion to the offense. Thirty-six members in all shall be elected, of whom 12 may be re- jected by the impeachment commission of the LoAver House, 12 by the ministers under impeachment. The court thus composed of 12 persons shall try the impeached ministers. Art. 35. With respect to a convicted minister roj^al pardon may be granted only in case of a general amnesty. Art. 36. P^or other criminal offenses committed ])y ministers in an unofficial capacity^, they shall be amenable to the ordinary laws. Art. 37. The ministry is bound to submit to the Lower House for its examination and approval an annual statement of the income and needs of the country, and the account of the income administered by it during the past year. LAW 4 OF 1848. On the Annual Sessions of the Diet. Article 1. As the Diet will in future hold annual sessions at Pest, His Majesty shall annually assemble the Estates of the country, and whenever circumstances permit, during the winter months. Art. 2. Hereafter the laws to be promulgated may also be approved bj' His Majesty during the course of the annual session.^ Art. 3. Rejjresentatives shall be elected to a Diet to continue for five years, and for all the annual sessions of such a Diet.- Art. 4. After 1848 the new election of representatives shall take, place throughout the country at the expiration of each fifth year, within six weeks before the opening of the first annual session of the new Diet; members elected during the interval between general elec- tions retain their seats in the next Diet only by means of a new elec- tion and so retain them for each of the five annual sessions of a Diet.^ Art. 5. His Majesty shall have the right to extend or to adjourn the assembled annual session and even to dissolve the Diet before the expiration of fiA^e years, and in such a case to order a neAv election of representatives; but in the latter case His Majesty shall order the meeting of the new Diet in such a manner that it shall assemble within three months after the dissolution of the former Diet." Art. 6. As the establishment of the budget by the Diet is ahvays effective for only one year and as no tax may be imposed or collected ^ Cf. Laws 66 and 67 of 1881. == Law 1 of 1886 extended the life of a Diet from 3 to 5 years. 32 CONSTITUTIOITS OF THE STATES AT WAR. without a new establishment and grant, in case His Majesty for any reason shall dissolve the Diet before the regular time, adjourn or close its sessions before the ministry has submitted the final accounts and the estimates for the next year, and before the Diet could reach a decision concerning these matters, the Diet must be convened before the end of the year and within sufficient time for the final accounts and the estimates for the succeeding year to be considered therein before the close of the year.^ Art. 7. His Majestj^ shall appoint the president and vice-president of the Table of Magnates from the members of that house; the secretaries shall be elected by the house from among its own members by secret ballot.- Art. 8. As the Royal Table ^ henceforth ceases to be an inteo-ral part of the House of Representatives, this house shall elect from among its own members, by secret ballot, a president, two vice- presidents and the secretaries. The presidents of the two houses shall be chosen for the entire legislative period of the Diet; the other officials shall be chosen an- nually in the first sitting; in such sitting the oldest member of the Diet shall preside. Art. 9. The presidents of the two houses shall receive salaries from the public treasury, the amount of which shall be fixed in the first annual session of the new Diet.^ Art. 10. The sittings of the two houses shall continue to be public. Each house shall make the regulations for the maintenance of the necessary peace and order in its deliberations, and of silence among those listening to its proceedings ; the president is charged with the strict enforcement of such rules. Art. 11. In this regard it is hereby provisionally directed that the audience shall in no way disturb the deliberations. Art. 12. Should the audience or one of the persons present disturb the deliberations and the first warning of the president be without effect, the president may upon the second occasion, referring to the present law, order the expulsion of the audience or of a member thereof and the closing of the galleries. Art. 13. After this is done the deliberations shall be continued upon the same clay or later, as the majority decides, but always publicly. Art. 14. Peace and order shall be maintained by sergeants-at-arms, with the assistance of the national guard if necessary.^ 1 As amended by Law 10 of 1867. The old Article 6 forbade the dissolution of the Diet before the budget had been voted. 2 This point is now governed by Article 15 of Law 7 of 1885. 3 The Supreme Court of Hungary, which before 1848 formed part of the House of Rep- resentatives, its president presiding in that body. * The national guard has now been replaced by the regular army, organized by Laws 40 and 41 of 1868 and 6 of 1889. AUSTRIA-HUNGARY: HUNGARY. 33 Art. 15. In addition to the regulations contained in the foregoing sections, each house shall, in its first annual session, immediately adopt an order of business, in which the manner and form of de- liberating and of voting and in general the internal affairs of the house shall be regulated. The part of this order of business which relates particularly to the order of deliberating may be altered only at the end of the annual session, after the close of the consideration of bills.i LAW 5 OF 1848. On the Election of Representatives on the Principle of the Representative System.- Article 5. The House of Representatives shall consist of 4.')3 mem- bers, who shall enjoy equal voting power, and who shall be elected in accordance with the apportionment made on the basis of population, territory and economic conditions.^ The Diet of the Kingdom of Croatia, Slavonia and Dalmatia shall elect iO representatives.* LAW 8 OF 1848. On Equality in Regard to Taxation. All the inha])itants of Hungary and its dependencies are subject Avithout distinction, er^ually and proportionately, to all public charges.^ LAW 18 OF 1848. On the Press. The previous censorship being abolished forever, and the freedom of the press having been reestablished, the guaranty of this freedom shall be provisionally assured by the following stipulations : Article 1. Every person can freely express and circulate his thoughts through the medium of the press. * * * ^ French translation of the regulations of the two houses appears in F. Moreau et J. Delpech, Les Bcylements des AssemMees legislatives, vol. i (Paris, 1906), pp. 482 and .51.'. 2 See Law 33 of 1874 (p. 34). ^ As amended to 1881. The remainder of this law has been repealed. Law 24 of 1901 provides that a member of the House of Representatives shall not occupy any ofBce or accept any position which is dependent upon the nomination or appointment of the Crown, the government, or the organs of government, and which carries with it a salary or compensation. From this rule arc excepted the royal Hungarian ministers, undersec- retaries of State and occupants of some other less important positions, ■• The Croatian members sit in the Hungarian Diet only for the consideration of matters common to Hungary and Croatia ; these matters are principally finance, defense and the monetary sj'stem ; in other matters the Croatian Diet legislates independently. ^ The rest of the law contains only transitory provisions. 34 CONSTITUTIONS OF THE STATES AT WAR. LAW 20 OF 1848. On the Religious Cults.^ Art. 2. Absolute equality and reciprocity are established without distinction in what concerns all the religious confessions legally recognized in this country. LAW 33 OF 1874. On the Modification and Amendment or Law 5 or 1848, and of the Transylvanian Law 2 of 1848. chapter I. QUALIFICATIONS OF VOTERS.^ Article 1. With the exception of females, the right to vote in the election of representatives may be exercised by all native or natu- ralized citizens who have attained the age of 20 years and who possess the qualifications mentioned in Articles 1 and 2 of Law 5 of 1848 and in Articles 3 and 4 of the Transylvanian Law 2 of 1848 and more particularly specified in the subsequent articles. Art. 2. In future the right to vote may no longer be exercised upon the basis of the privileges existing before the year 1848 ; how- ever, those who were registered upon such basis in one of the lists of voters for representatives prepared between 1848 and 18T2, in- clusive, in conformity with Law 5 of 1848 and the Transylvanian Law 2 of 1848, shall personally remain in the exercise of this right. Art. 3. In the rojsd free cities and in cities with an organized ad- ministration the right to vote shall belong to those who possess alone or jointly with their wives and minor children: a. A house which, even if temporarily exempt from taxation, consists of at least three different parts, subject to the household tax; or h. Land which is assessed on the basis of a net income of 16 florins. Art. 4. In those sections of the country in which Law 5 of 1848 is eifective, the right to vote shall belong to those who in the larger or smaller communes possess one fourth of an urbarial share ^ or other land of an equal area either alone or jointly with their wives and 1 Only Article 2 has been translated here, because it establishes a principle which may be regardecl as constitutional. This principle has been developed by Law 53 of 1868. See DarestEj op. cit., p. 488. note 2. 2 Only the first thirteen articles of this law have been given ; the other articles (14- 121) relate to proof of cjualiflcalions and to electoral procedure. 2 rpjje urbarial system is a remnant of the older land tenures ; it refers to lands re- leased by the lords and cultivated by the peasants on their own account ; the area of the urbarial share varies for different parts of the country. AUSTRIA-HUNGARY: HUNGARY. 35 minor children, it being immaterial in whose name this property is registered. Lands upon which the tax imposed is equal to that of the most lightly taxed one-fourth urbarial share in the same commune shall be regarded as equal in size to one fourth of an urbarial share. In case the urbarial system does not exist in a given commune, the most lightly taxed one-fourth urbarial share of any neighboring com- mune resembling the given commune most nearly in land values shall be taken as the standard. In those parts of the provincialized military border which have been incorporated in the counties of Bacs-Bodrogh, Temes, Torontal, and Krasso, and in the county of Szoereny, 10 joch of cultivated land, each of 3,200 square yards, shall be equal to one fourth of an urbarial share; in the counties of Middle Szolnok. Kraszna, and Zarand, in the Koevar district, in Jazygia and Cumania 8 joch of 2.400 square j'-ards shall equal one fourth of an urbarial share. Bottom land, gardens, vineyards, arable land and meadows shall be regarded as cultivated ground. Aet. 5. In those parts of the country in which the Transylvanian Law 2 of 1848 is in force, the right to vote may be exercised by tliose who in the larger or smaller communes : a. Pay land taxes according to the present land-tax valuation on a net income of 84 florins, but if they own a house belonging in the first class of taxable property, on an income of 79 florins, 80 kreuzer. and if the house be rated in the second or a higher class, on an income of 72 florins, 80 kreuzer. In case of the correction of the present valuation or of the adop- tion of a new valuation, the above-mentioned amounts of income shall be changed to agree with the change in ratio between the present assessments of apparent total net income from land in the Transyl- vanian districts and those of the altered valuation. h. Or pay the public tax on a net annual income of not less than 10,") florins, subject either to the land or house tax, or to the income tax of the first or third class. In addition to those qualified in accordance Avith Law 12 of 1791, every commune which has at least 100 homesteads may also take part in the election of representatives through two informally chosen electors, smaller communes, however, having one elector. Art. 6. The right to vote shall belong also to those : a. "^^^10 possess a house, either alone or jointly with their wives and minor children, in the manner provided by Article 4, upon which the house tax has been assessed on an annual income of not less than 105 florins. 36 CONSTITUTIONS OF THE STATES AT WAR. h. Who pay the public-land tax mentioned under a, or a tax on capital or on both land and capital, upon a net annual income of not less than 105 florins. c. Who as merchants or manufacturers are taxed upon an annual income of not less than 105 florins. d. Who in the royal free cities or in cities with an organized administration are taxed as artisans upon an annual income of not less than 105 florins. e. Who in the larger or smaller communes pay the income tax for not less than one employee. Art. 7. The right to vote shall belong also to those who pay the income tax on an annual income of not less than 105 florins, which, according to Law 26 of 1868, is rated in the first class ; or who pay this tax on an annual income of not less than 700 florins under the provisions of the second class ; moreover, those State, municipal, and communal officers may vote who pay the income tax on an annual income of not less than 500 florins under the provisions of the second class. Art. 8, In cases covered by Articles 6 and 7, it is required that electors, to be entered on the voting lists in accordance with the pro- visions there mentioned, must have already been taxed in the preced- ing year upon an income not less than that fixed above. Art. 9. Without regard to income, the following may vote in the electoral districts in which they have their fixed residence : The mem- bers of the Hungarian Academy of Sciences, professors, members of academies of fine arts, physicians, lawyers, notaries public, engineers, surgeons, druggists, graduates of agricultural schools, foresters and mining engineers, clergymen, chaplains, communal notaries, teach- ers and licensed kindergarten teachers. It is required, however, that pastors and chaplains in order to exer- cise the right to vote shall actively officiate as such in some officially established congregation. Professors, school teahcers, kindergarten teachers and communal notaries, on the other hand, shall have the right to vote only in case they have been legally appointed or elected to their position or have been confirmed therein. Art. 10. Persons under paternal authority, under guardianship, or under employers' authority, even though they possess one of the qualifications mentioned in the preceding section, shall not have the right to vote. The apprentices of merchants and artisans and those employed in public or private service as servants or domestics shall be regarded as being under employers' authority. AUSTRIA-HUNGARY : HUNGARY. 37 Overseers of estates are not regarded as under such authority. Art. 11. The right to vote shall not be exercised: 1. By soldiers in the army, sailors and members of the national guard, whether on active duty or temporarily on leave during their term of enlistment, but reservists and members of the national guard summoned in conformity with Article 36 of Law 40 of 1868 and Law 32 of 1873 for military inspection and temporary service are not included Avithin this provision. 2. By members of the finance, customs and revenue police. 3. By members of the armed police. 4. By members of the State, municipal and communal police. Therefore they shall not be registered in the lists of voters. Art. 12. The right to vote shall not be exercised by those : 1. Who have been condemned to imprisonment on account of some crime or misdemeanor, or of some violation of the press laws mentioned in Articles 6 to 12 of Law 18 of 1848, during the continu- ance of such imprisonment. 2. Who, on, the basis of a valid judicial finding, are being held for trial because of some crime or misdemeanor. 3. Who have been disqualified as voters by a regular judicial proceeding, during the time fixed by the judicial sentence. 4. Who have become bankrupt, until the^^ are discharged. Such persons shall, therefore, not be registered in the list of voters, even if otherwise entitled to vote. The electors mentioned in Clauses 1, 2, 3 and 4, if otherwise entitled to vote, shall be registered in special lists and may by way of excep- tion exercise the right to vote on proof of acquittal or of their dis- cliarge from bankruptcy by a valid judicial decision, or if they can ^ furnish evidence by certificate from the competent authorities that they have served the full term of their sentence, or upon proof, by reference to the original judgment, that the term of their disabilities has expired; such evidence to be submitted to the commission charged with the preparation and correction of the lists of voters or, finally, to the president of the election. Art. 13. Everj- elector who has reached his twenty-fourth year shall be eligible as a representative, provided he is registered in the list of voters and is qualified in the Hungarian language, which in accordance with law is the legislative language. Those sentenced after the present law has become operative by a regular judicial proceeding on account of murder, robbery, arson, larceny, concealment, forgery, fraud, fraudulent bankruptcy, or per- jury shall not be eligible. 38 CONSTITUTIONS OF THE STATES AT WAR. LAW 7 or 1885. Altering the Organization of the Table of Magnates.^ chapter i. the organization of the table of magnates. Article 1. Members of the Table of Magnates shall be those who have the right to sit and vote therein b}^ virtue : a. Of hereditary right. l>. Of their high rank or office. c. Of their appointment for life by His Majesty the King. d. Of election by the Diet of Croatia-Slavonia - in accordance with Law 15 of 1881.*^ Art. 2. By virtue of hereditary right the following shall be men- bers of the Table of Magnates : a. The archdukes of the royal family who are of full age. h. All male members of 24 years of age of families which have heretofore had the right of membership in the Hungarian Table of Magnates or which had received from the Hungarian King the title of count or baron in Transylvania before the union of that principality with Hungary, if they alone or together with the wives and minor children living in a common household with them possess and enjoy or have a life interest or a family interest in trust in real estate within Hungarian territory, assessed upon the new cadaster of 1885 for the direct national land tax to an amount of not less than 3,000 florins, Austrian value, including therein the house taxes upon residences and industrial establishments attached to such real property. With reference to families of magnates whose members, besides their rights in the Hungarian Upper House, have by birth or in some other manner a seat and vote in the legislature of another State of the monarchy or of any other country, it is provided that, if they possess the property qualification mentioned in Clause h of this Article by virtue of their real property located in Hun- garian territory, their rights in the Hungarian Upper House shall not be exercised unless they deliver once for all to the president of the Eoyal Hungarian Ministry a declaration that they for them- selves will exercise such right only in the Hungarian Upper House; this declaration shall be made within six months after the comple- tion of the twenty-fourth year, and if such age has already been reached, before 1 July 1885. The president of the ministry shall transmit this declaration to the president of the Table of Magnates within eight days after its ^ Chaps. 2, 3 and 4 of this law are omitted ; they contain provisions regarding the appointment of officers, order of business and other matters of less importance. 2 Croatia-Slavonia elects 3 members of the Table of Magnates. AUSTRIA-HUNGARY: HUNGARY. 39 receipt, if the Diet is in session, and if it is not in session, within eight days after its assembling. c. Hungarian citizens by birth and their legitimate male de- scendants in a direct line, upon whom His Majesty, upon the proposal of the Council of Ministers, has especially conferred the right of hereditary membership in the Table of Magnates, in addition to the corresponding title (duke, count, or baron). Hungarian citizens who are not such by birth may be granted membership in the Upper House upon the proposal of the Council of Ministers only by means of legislation. In either case the Council of Ministers may propose only Hun- garian citizens of merit who have attained the age of 24 years, are of age and possess the i:)roperty qualifications provided by this article. Art. 3. If a member of one of the families designated in Clauses h •and c of Article 2 does not possess the required property qualification, or loses it later, his right shall cease from that time but shall be revived if he afterward regains this qualification. In the latter case the right may be exercised in the session follow- ing the one in which the qualification is established. Art. 4. By virtue of their high rank or office, and during the continuance thereof, the following shall be members of the Table of Magnates : A. a. The standard bearers of the Kingdom and the Count of Pozsony (Pressburg). h. The two curators of the Crown. c. The governor of Flume. d. The president and vice-president of the Supreme Court and the president of the Court of Appeals of Budapest. B. Also by virtue of their high rank and of their offices the fol- lowing shall be members of the Table of Magnates during the con- tinuance of their ecclesiastical offices : a. The Roman Catholic Church dignitaries of the Latin and Greek rite in the lands of the Hungarian Crown, viz., the Prince Primate of Hungary and the other archbishops, the bishops of dioceses, and the likewise royally appointed suffragans of Belgrade and Tinnin (Knin), and finally, the Archabbot of Pannonhalma (Martinsberg), the Provost of Jaszo and the Prior of Auranien. b. The dignitaries of the Oriental Greek Church : the Servian Patriarch, the Roumanian Metropolitan and the bishops of dioceses. c. The three senior bishops of the Evangelical Reformed Church and of the Evangelical Church of the Augsburg Confession; the three senior superintendents of the Evangelical Reformed Church, taking into account the religious district of Transylvania, especially 40 COXSTITUTIOXS OF THE STATES AT WAE. the senior superintendent: the inspector general and the two senior direct inspectors of the Evangelical Church of the Augsburg Con- fession; and finally, one of the senior presidents, either bishop or superintendent, of the Unitarian Church. Art. 5. Those whom His Majesty the King appoints, upon the pro- posal of the Council of Ministers, from among the citizens of all the countries of the Crown of St. Stephen, in recognition of merit and to increase the prestige of the Upper House thereby, shall be life members of the Table of Magnates. As soon as the upper house is organized in accordance with the present law, the number of members appointed for life shall not exceed 30. In future such appointments shall take place gradually, and in no case shall more than five appointments be made in one year. The total number of life members shall never exceed 50. Art. 0. The fact that a person is engaged in military service, is in the active performance of a civil or religious office, or is appointed to such a position, imposes no obstacle to the exercise of a right of mem- bership in the Table of Magnates belonging to him, or to his being named a hereditary or life member thereof. Art. T. Should new offices or j^ositions of high rank be created or should new bishoprics or ecclesiastical districts be established by the religious confessions mentioned in Article 4, such offices and positions shall not carry with them the right to a seat in the Table of Magnates, unless this is expressly provided by law. Art. 8. The members designated by Article 1, Clause d^ shall have the right to take part in the deliberations and voting only with refer- ence to the matters common to the countries and provinces of the Hungarian Crown. Art. 9. Without prejudice to the provision of Article 59 of Law 30 of 1868,^ no person shall be a member of the Table of Magnates who does not satisfy the provisions of Article 1 of Law 44 of 1868, accord- ing to which Magyar is the only langTiage of legislation. Art. 10. Members of the Table of Magnates shall lose their mem- bership in the following cases : a. A member by virtue of his high rank or office, when he ceases to hold such office or position, because of voluntary resignation or of legal disciplinary or judicial proceedings. Ij. A life member, when his resignation is accepted by His Maj- esty, uj^on tlie proposal of the Council of Ministers. c. A member elected by the Diet of Croatia-Slavonia, when his term of election expires. ' The ]aw which permits the members from Croatia-Slavonia to use theii' o.wn language in the Hungarian Di'-t. AUSTRIA-HUXGARY : HUNGARY. 41 -^ of the State ; hall be contained in the budget and in the accounts. Art. 116. The members of the Court of Accounts shall be ap- pointed by the House of Representatives, and for a term fixed by law. This court shall be entrusted Avith the examination and settlement of the accounts of the general administration and of all persons ac- countable to the public treasury. It shall see that no item of the ex- penditures of the budget is overdrawn and that no transfer takes place. It shall audit the accounts of the diiferent administrative organs of the State, and shall gather for this purpose all information and all necessary vouchers. The general accounts of the State shall be submitted to the House with the comments of the Court of Ac- counts. This court shall be organized by a law.^ Art. 117. The salaries and pensions of the ministers of religion shall be paid by the State ; the sums necessarj?- to meet this expendi- ture shall be entered annually in the budget.* Title Y. — The Public Force. Art. 118. The method of recruiting the army shall be determined by law. The laws shall also regulate the promotion, the rights and the duties of soldiers.^ ^ I'olders are lands reclaimed from the sea by dikes. The owners of these lands are grouped into associations for the maintenance of the dikes and are required l>y law to bear the expense of such maintenance. - Wateringen are associations formed for the purpose of irrigating and draining lands reclaimed from the sea. They have power to raise funds by taxing the lands affected by such improvements. 2 Law of 29 October 1846. * This clause is interpreted to apply only to the denominations recognized by law in Belgium in 1830 ; these are the Catholic, Protestant Evangelical, Anglican and Jewish ; almost the whole of the Belgian poiniiation is Catholic. No minister is entitled to a salary (1) if he must receive license from a person practicing a profession without legal authorization, (2) if, being a foreigner, he performs the ministerial functions without the permission of the government. 5 The organization of the Belgian army is governed by the Laws of 5 April 1868, S June 1870, 16 August 1873 and 21 March 1902. 88381—19 5 58 COiS^STITUTIONS OF THE STATES AT WAE. Art. 119. The army contingent shall be voted annually. The law which fixes it shall remain in force for one year only, unless re- enacted. Art. 120. The organization and the attributions of the armed police shall be regulated b}' a law.^ Art. 121. No foreign troops shall be admitted into the service of the State, to occupy or to cross its territory except by virtue of a law. Art. 122. There shall be a citizen militia, the organization of which shall be regulated by laAv.- ' The officers of all grades, at least as high as that of captain, shall be chosen by the militia, Avith such exceptions as may be judged necessary for accountants. Art. 123. The militia shall not be brought into active service ex- cept by virtue of a law. Art. 124. Soldiers shall not be deprived of their grades, honors, or per.sions except in the manner prescribed bj' hiAv.' Title VL — General Provisions. Art. 125. The Belgian nation adopts for its colors, red, yellow ■and black, and for the coat of arms of the Kingdom, the Belgian lion, with the motto, " Union Gives Strength." Art. 126. The city of Brussels is the capital of Belgium and the seat of government. Art. 127. No oath shall be imposed except by virtue of law. The form of the oath shall also be determined by law. Art. 128. Every foreigner within the territory of Belgium shall enjoy protection of his person and propert3^ except as otherwise established by law. Art. 129. No law, ordinance, or regulation of the general, pro- vincial, or communal government shall be obligatory until after having been published in the manner prescribed by law.* Art. 130. The Constitution shall not be suspended, either in whole or in part. Title VII. — The Eevision of the Constitution. Art. 131. The legislative power has the right to declare that a re- vision of such constitutional provisions as it shall designate is in order. After this declaration, the two houses are ipso facto dissolved. 1 This law does not exist ; the old regulations are still in force. 2 Law of 9 September 1897. 3 Three Laws of IG June 1836. « See Article 69. BELGIUM. 59 Two new houses shall then be sumjnoned, in conformity with Article 71. These houses, with the approval of the King, shall then act upon the points submitted for revision. In this case the houses shall not deliberate unless at least two thirds of the members of each are present, and no amendment shall be adopted unless it is supported by at least two thirds of the votes. Title VIII. — Temporary Provisions. Art, 132. For the first choice of a head of the State the first pro- vision of Article 80 may be neglected. Art. 133. Foreigners established in Belgium before 1 January 1814, and who continue to reside therein, shall be considered Belgians by birth, upon condition that they declare their intention to take advantage of this provision. Such declaration shall be made within six months after this Con- stitution goes into effect, if the foreigners are of age, and if thej^ are minors, within the year after attaining their majority. This declaration shall be made before the provincial authority of the province where they reside. It shall be made in person or by an agent having a special and authentic authorization. Art. 134. Until further provision by law, the House of Eepre- sentatives shall have discretionary power to accuse a minister, and the Court of Cassation to try him, find the offense and fix the penalty. Nevertheless the penalty shall not extend farther than removal from office, without prejudice to the cases expressly provided for by the penal laws.^ Art. 135. The personnel of the courts shall be maintained as it now exists, until further provision has been made by law. Such a law shall be enacted during the first legislative session. Art. 136. A law% passed during the first legislative session, shall provide for the manner of the first nomination of members of the Court of Cassation.- Art. 137. The fundamental law of 24 August 181.5 and the pro- vincial and local statutes are abolished. However, the provincial and local authorities shall retain their powers until a law shall make other provision. Art. 138. As soon as this Constitution goes into effect, all laws, decrees, orders, regulations and other instruments contrary thereto are abrogated. 1 This transitory legislation is still in force, no organic law having determined the cases of ministerial responsibility. " Article 99 provides for subsequent appointments. 60 CONSTITUTIONS OF THE STATES AT WAR. Supplementary Provision. Art. 139. The National Congress declares that it is necessary to provide for the following objects, by separate laAvs and as soon as possible : 1. The press.^ 2. The organization of the jnry.- 3. The finances.^ 4. Provincial and communal organization.* 5. The responsibility of ministers ^ and of other officers. 6. The judicial organization." 7. The revision of the pension list. 8. Measures proper to prevent the abuse of cumulative office- holding. 9. The revision of the laws of bankruptcy and of suspension. 10. The organization of the army, the rights of advancement and of retirement and the military penal code.^ 11. The revision of the codes.^ ' Decree of 20 July 1831, amended by the Penal Code in many of its provisions. '■' Sec above, Article 94. 3 Law of 15 May 1846 on the compatibility of the State. * See above, Article 108. 6 See above. Article 134. " See above. Article 94. ''Military Penal Code of 27 May 1870. See above, Article 118. s Penal Code of 8 June 1867. Code of French Commerce has been revised entirely by successive laws, the last of which bears the date of 25 August 1891. Title I of the prelim- inary book of the new Code of Civil Procedure was promulgated on 25 March 1876. The Law of 17 April 1878 contains the preliminary title of the new Code of Penal Procedure. Rural Code of 7 October 1886. BRAZIL. Until 1815 Brazil was a Portuguese colony. The invasion of Portu- gal by Napoleon in 1807 forced the royal family to seek refuge in Brazil, which continued for several years to be the seat of government of the Kingdom. By decree of 16 December 1815, Brazil ceased to be a colony and became an integral part of the "Kingdom of Portugal, Brazil and Algarves." The revolution which broke out in Portugal in 1821 forced King John VI to return to Lisbon, leaving his son, Dom Pedro, as regent. The sentiment in favor of separation had been growing for some time, and Avhen orders were sent to Dom Pedro to return to Portugal he declared his intention of remaining in Brazil. Brazilian independence was declared, Dom Pedro became Emperor on 12 October 1822 and an imperial Constitution was promulgated on 25 March 1824.^ Portugal recognized the independence of Brazil in 1825. The movement for the establishment of a republic began to gain strength after 1870, but was held in check by the popularity of Dom Pedro II. In 1889, however, the republicans felt strong enough for action. On 15 November of that year a bloodless revolution occurred, the Republic of the United States of Brazil was proclaimed, and the imperial family was sent to Portugal. The revolution was essentially a military movement and for several years Brazil remained under the control of a military party. A republican Constitution was adopted on 24 February 1891, which established a federal government and erected the former Provinces into States. This Constitution is still in force and has never been amended. - CONSTITUTION OF 24 FEBRITARY 1891.- [Preamble.] We, the representatives of the Brazilian people, assembled in con- stitutional convention for the purpose of organizing a free and demo- ^ English translation by J. C. Branner in Foreign Constitutions [The Convention Man- ual of the SiTth New York State Constitutional Convention, 189i, part 2, vol. 3] (Albany, 1894), pp. 72-105. - These introductory paragraphs are based upon W. F. DodDj Modern Constitutions (Chicago, 1909), vol. I, p 149, and F. R. Darbste et P. Dareste, Les Constitutions ^moderncs (3d edition, Paris, 1910), vol. J, pp. 024-^26. 3 Official Portuguese text published in the Diario Official of 25 February 1891. Portu- guese text and English translation in parallel columns, followed by a Spanish translation in J. I. RoDRiGTEz, American Coiistitiitioni^, vol. 1 (Washington, 1906), pp. 134-190. French translation in Dareste, op. cit., pp. 626-655. German translation in Paul PosENER, Die Staatsverfassungen des Erdhalls (Charlottenburg, 1909), pp. 1022-1045. English translation in Dodd, op. cit., pp. 150-181 ; British and Foreign State Papers, S3: pp. 487-510; and Foreign Constitutions (see above, note 1), pp. 113-138. The translation given here is based on the one in Rodriguez. 61 62 CONSTITUTIONS OF THE STATES AT WAR. cratic government, do hereby establish, decree and promulgate the following Constitution for the Eepublic of the United States of Brazil. Title I. — The Federal Organization, PRELIMINARY PROVISIONS. Article 1. The Brazilian nation adopts for its gOA^ernment the federal republican representative form, as proclaimed on 15 Novem- ber 1889, and constitutes itself, by the perpetual and indissoluble union of its former provinces, into the United States of Brazil. Art. 2. Each of the former provinces shall constitute a State,^ and the former neutral municipal district shall form the Federal District,^ and shall continue to be the capital of the Union until the provisions of the following article shall be put into effect. Art. 3. A zone of fourteen thousand four hundred square kilo- meters, situated in the central plateau of the Eepublic, which shall be hereafter marked off, shall be set apart, as property of the Union, and on this site the future federal capital shall be established. Sole §. When the transfer of the capital has been effected, the present Federal District shall constitute a State. Art. 4. The States may become incorporated one with another, may subdivide or dismember themselves to annex themselves to others or to form new States, if the respective legislative assemblies consent thereto in two successive annual sessions, and if the National Con- gress gives its approval. Art. 5. Each State shall, at its own expense, provide for the needs of its own government and administration ; the Union, however, shall lend aid to a State which asks for assistance in case of public calamity. Art. 6. The federal government shall not interfere in matters per- taining peculiarly to the States, save : 1. To repel foreign invasion, or the invasion of one State by another. 2. To maintain the federal republican form of government. 3. To reestablish order and tranquillity in the States, upon the requisition of their respective governments. 4. To secure the execution of the federal laws and judgments. Art. 7. It is the exclusive prerogative of the Union to decree : ^ See the list of twenty States (not including the Federal District), p. 66, note under Article 28, Section 1. 2 The District here referred to, embracing 540 square miles on the southeastern coast, is still the capital of the Union. BRAZIL. 63 1. Duties on imports from foreign countries. •J. P]ntry, clearance, and port dues of vessels; but the coastwise trade shall be free to domestic and foreign mercliandise -which has already j^aid an import duty. ^^. Stamp duties, save the restriction mentioned in Article 9, § 1, no. 1. 4. Fedei-al postal and telegraph taxes. § 1. The Union shall also have exclusive power: 1. To establish banks of issue. '2. To create and maintain custom-houses. >; :2. Taxes levied by the Union shall be uniform for all the States. § 3. The laws of the Union and the acts and decrees of its authori- ties shall be executed throughout the whole country by federal offi- cials; but the execution of the federal laws may be entrusted to the governments of the States, if thej^ consent thereto. Art. 8. The federal government is forbidden to make distinctions and preferences in any way whatever in favor of the ports of one State as against those of another. Art. 9. The States shall have exclusive power to decree taxes: 1. On the exportation of merchandise produced in their own territory. 2. On rural and city real estate. 3. On the transfer of property. 4. On industries and professions. § 1. The States shall also have the exclusive right to decree: 1. Stamp taxes affecting acts emanating from their respective governments and concerning their internal affairs. '2. Contributions relating to their postal and telegraph service. § 2. The products of one State are exempted from imposts in any other State from which they may be exported. § 3. A State is permitted to levy duties on imports of foreign •goods only when such goods are intended for consumption within its own territory, the proceeds of the duty reverting, however, to the federal treasury. § 4. The States have the right to establish telegraph lines between different points of their own territories, and between these points and those of other States which are not provided with a federal telegraph service, the Union reserving the right to acquire such lines when the genei'al interest may require it. Art. 10. It is prohibited to the States to levy taxes on federal, property or revenue, or on services in charge of the Union, and vice versa. 64 coK'STiTUTiOiSrs of the states at war. Art. 11. It is forbidden to the States, as well as to the Union : 1. To impose duties on the products of a State, or of a foreign country, when in transit through the territory of another State, or going from one State to another, or on the vehicles, whether by land or water, by which they are transported. 2. To establish, subsidize or interfere with the exercise of relig- ious worship. 3. To enact retroactive laws. Art. 12. In addition to the sources of revenue set forth in Articles 7 and 9, it shall be lawful for the Union, as well as for the States, cumulatively or otherwise, to create any others whatsoever, provided that they are not in contravention of the terms of Articles 7, 9 and 11. No. i. Art. 13. The right of the Union and of tht States to legislate in regard to railways and navigation of internal v\^aters shall be regu- lated by a federal law.^ Sole §. Coastwise navigation shall be carried on by national vessels. Art. 14, The land and naval forces are permanent national insti- tutions, intended for the defense of the country from foreign attack and for the maintenance of the laws of the land. Within the limits of the law, the armed forces are from their na- ture bound to obey their superiors in rank, and to support the con- stitutional institutions. Art. 15. The legislative, executive and judicial powers are organs of the national sovereignty, harmonious with each other, and inde- pendent among themselves. SECTION I. THE LEGISLATIVE POWER. CHAPTER I. GENERAL PROVISIONS. Art. 16. The legislative power shall be exercised by the National Congress, subject to the appro^-^al of the President of the Republic. § 1. The National Congress shall be composed of two branches: the Chamber of Deputies and the Senate. § 2. The elections for senators and for deputies shall be held simultaneously throughout the country. § 3. No person shall be senator and deputj^ at the same time. Art. 17. The Congress shall, without being convoked, assemble in the federal capital on the third clay of May of each j^ear, unless an- other clay is designated by law, and shall continue in session four months from the date of the opening, and may be prorogued, ad- journed, or convoked in extraordinary session. iLaw of 14 October 1892 (No. 109). BRAZIL. C 5 § 1. The Congress alone shall have the right to prorogue and ad- journ its sessions. § 2. Each legislature shall last three years. § 3. When a vacancy occurs in the Congress on account of resigna- tion or for any other reason, the respective State shall order imme- diately the election of a new member. Art, 18. The Chamber of Deputies and the Senate shall meet sepa- rately and, unless otherwise determined by a majority vote, their sessions shall be public. A majority of votes shall be required to pass any measure in either house, provided there is present an abso- lute majority of the total number of its members. Sole §. Each house shall have power : To verify and accept the powers of its members. To choose its officers. To make the rules of its proceedings. To provide for its own police service. To appoint its clerks. Art. 19. Deputies and senators can not be held to account for their opinions, expressions or votes in the discharge of their mandate. Art. 20. Deputies and senators, from the time they have received their credentials until the new election, shall not be arrested or prose- cuted criminally without the previous permission of the house to which they belong, except in the case of an unbail-able crime m ■flagrante delicto. In the latter case, the court shall collect all the evidence and submit it to the house concerned, which shall decide whether or not an indictment is to be made, unless the accused shall choose to be tried immdiately. Art. 21. The members of the two houses, on taking their seats, shall take a formal oath, in public session, to perform their duties faithfully. Art, 22. During the sessions the senators and deputies shall re- ceive a salary, the same for members of both houses, and traveling expenses, said emoluments to be fixed l\y the Congress at the close of each legislature, for the succeeding one. Art. 23. No member of Congress shall, from the day of his elec- tion, enter into contracts with the executive power, or receive from the same any salaried office or commission. § 1, From this prohibition are excepted: 1, Diplomatic missions, 2, Militar}^ commands and commissions, 3, Legal promotions. § 2, No deputy or senator shall, however, accept missions, com- missions, or commands, indicated under Nos, 1 and 2 of the preced- 66 , CONSTITUTIONS OF THE STATES AT WAK. ing section, \\-ithoiTt first obtaining the permission of the house to which he belongs, when the acceptance preckides the member from exercising his legislative functions, except in case of war or in cases in which the honor and integrity of the Union are involved. Akt. 24. No deputy or senator shall be president or director of a bank, company, or enterprise which enjoys favors from the federal government defined by law. Sole §. Failure to observe the provisions contained in this and the XDreceding article shall entail the loss of the mandate. Art. 25. The office of senator or deputy is incompatible with the exercise of any other functions during the sessions. Art. 26. The following are the conditions of eligibility to the Na- tional Congress: 1. To enjoy the rights of a Brazilian citizen and be entitled to be registered as an elector. 2. For the Chamber of Dei^uties. to have been a Brazilian citizen for more than four years; for the Senate, Brazilian citizenship of more than six years. ^ This provision does not apply to the citizens mentioned in No. 4 of Article 69. Art. 27. The Congress shall define, by a special . law, the cases of ineligibility to Congress. CHAPTER II. THE CHAMBER OF DEPUTIES. Art. 28. The Chamber of Deputies is composed of representatives of the people elected by the States and the Federal District, by direct suffrage, provided the representation of the minority is guaran- teed.^ § 1. The number of deputies shall be fixed by law and shall not exceed one for every 70,000 inhabitants, but each State shall have at least four deputies.^ ^ The draft of the Constitution proposed by the provisional government required seven and nine years respectively. - The law regulating elections bears the date of 26 January 1892 (No. 35). The Law of 7 December 1896 deals with tlie procedure to be followed in federal elections. The electoral laws were codified by a decree of 7 February 1894 (No. 1668). ^ The present division of deputies between the 20 States and the Federal District is as follows : Alagoas 6 Amazonas 4 Bahia : 22 Ceara 10 Districto Federal 10 Espirito Santo 4 Goyaz 4 Maranhao 7 Matto Grosso 4 Minas Geraes 37 Para : 1 Parahyba ci Parana ^ 4 Pernambuco 17 Piauhy 4 Rio de Janeiro 17 Rio Grande do Norte 4 Rio Grande do Sul 16 Santa Catharina 4 Sao Paulo 22 Sergipe 4 Total 212 BRAZIL. 67 § 2. For tliih piirpo.o the federnl o-oveniment shall order a cen- sus of (he population of the Republic to be taken at' once, which shall be renewed every 10 years. Art. 29. To the Chamber belongs the initiative for the adjonrn- ment of the legislative session and of all tax laws, of law^s fixing the land and naval forces, in the discussion of recommendations made by the executive power, and in the decision of the question whether the President of the Republic should or should not be impeached, under the provisions of Article 53, and whether the cabinet ministers should or should not also be impeached for crimes committed by them jointly with the President of the Republic. CHAPTER III. THE SENATE. Art. oO. The Senate is composed of citizens eligible under the terms of Article 2(), who are over 35 years old. There shall be three senators for each State and three for the Federal District, all of them elected in the same way as the deputies.^ Art, 31. The term of service of the senators shall be nine j^ears, one third of the Senate being renewed every three years. Sole §. The term of a senator elected in place of another shall con- tinue during the remainder of the term of the senator replaced. Art. 32. The Vice-President of the Republic shall be the president of the Senate, where he shall have only the vote of rank {voto de qualhlacle),- and shall be replaced, in case of absence or disability, by the vice-president of that house. Art. 33, The Senate alone has the power to try and pass sentence on the President of the Republic and the other federal officers designated by the Constitution, under the conditions and in the manner which it prescribes, ^ 1, The Senate, when sitting as a court of justice, shall be pre- sided over by the president of the Federal Supreme Court. § 2. It shall not pass sentence of condemnation unless by two thirds of the members present. § 3. It shall not impose other penalties than the loss of office and disqualification to hold any other, without prejudice to the action of ordinary justice against the condemned. CHAPTER IV. — POWERS OF THE CONGRESS. Art. 31. The National Congress shall have exclusive power: 1. To estimate the revenue and fix the expenditures of the fed- eral government annually, and to examine the accounts of the receipts and expenditures of each financial year. ^The governmental draft proposed the election of senators by the legislatures of the States. 2 That is, the right of voting in case of tie. 68 CONSTITUTIONS OF THE STATES AT WAR. 2. To authorize the executive power to contract loans and con- duct other operations of credit. 3. To legislate concerning the public debt and provide for its payment. 4. To control the collection and distribution of the federal revenue. 5. To regulate international commerce as well as that of the States w^ith each other and with the Federal District, to establish custom-houses, to create or abolish warehouses of deposit. 6. To legislate concerning navigation of rivers running through more than one State or extending into foreign territory. 7. To determine the weight, value, inscription, type and denomi- nation of coins. 8. To create banks of issue, to legislate thereon and to levy taxes thereon. 9. To fix the standard of weights and measures. 10. To determine definitively the boundaries of the States, the Federal District, and the national territory. 11. To authorize the government to declare war, when arbitra- tion has failed or can not take place, and to make peace. 12. To decide definitively with regard to treaties and conventions with foreign nations. 13. To change the capital of the Union.^ 14. To grant subsidies to the States in the case referred to in Article 5. 15. To legislate concerning the federal postal and telegraph service. 16. To adopt the measures proper for the protection of the frontiers. IT. To fix annually the land and naval forces. 18. To legislate concerning the organization of the army and navy. 19. To grant or refuse the passage of foreign forces through the territory of the country for the purpose of military operations. 20. To mobilize and make use of the national guard or militia in the cases provided for by the Constitution. 21. To declare a state of siege at one or more points in the na- tional territory, in the emergency of an attack by foreign forces or of internal disturbance, and to approve or suspend the state of siege declared by the executive power or its responsible agents during the recess of Congress. 22. To establish the conditions and methods of elections for fed- eral offices throughout the country. 1 See above, Article 3. BRAZIL. 69 23. To legislate concerning the civil, commercial and criminal laAvs of the Kepublic, and the laAv of federal procedure. 24. To establish uniform laws on naturalization. 25. To create and abolish federal public offices, to fix the duties of the same and to designate their salaries. 2C. To organize the federal judicial system in accordance with Articles 55 and following of Section III. 27. To grant amnesty. 28. To commute and remit penalties imposed upon federal offi- cers in cases of impeachment. 29. To legislate concerning the lands and mines belonging to the Union. 30. To legislate concerning the municipal organization of the Federal District, as w^ell as the police, higher education and other services which in the capital are reserved to the federal government. 31. To submit to special legislation those points of the territory of the Republic needed for the establishment of arsenals or other establishments or institutions for federal use. 32. To regulate cases of extradition between the States. 33. To enact such laws and resolutions as may be necessary for the exercise of the powers belonging to the Union, 34. To enact the organic laws necessary for the complete execu- tion of the Constitution. 35. To prorogue or adjourn its sessions. Art. 35. The Congress shall also have power, but not exclusively : 1. To see to the observance of the Constitution and laws and to provide for needs of a federal character. 2. To encourage in the country the development of letters, arts and sciences, as well as of immigration, agriculture, industry and commerce, without granting privileges wdiich may embarrass the ac- tion of the local governments. 3. To create institutions for higher and secondary education in the States. 4. To provide for secondary education in the Federal District. CHAPTER V. LAWS AND RESOLUTIONS. Art. 36. Save the exceptions specified in Article 29, all bills may originate, indifferently, in the Chamber or in the Senate, and may be introduced by any of their members. Art, 37. A bill, after being passed in one of the houses, shall be submitted to the other, and if the latter approves of it, shall be sent to the executive power, which, if approving it, shall sanction and pro- mulgate it, § 1. If, however, the President of the Republic shall consider the bill unconstitutional, or contrary to the interests of the nation, he shall veto it within 10 working days, counted from that on which 70 CONSTITUTIOISrS OF THE STATES AT WAK. he received it, and shall return it within the same period to the house in which it originated, with his reasons for the veto. § 2. The failure of the President of the Republic to approve or disapprove the bill within these 10 days shall be considered as an ap- proval; in case the bill is vetoed after the Congress has closed, the President shall publish his reasons therefor. § 3. A bill not approved shall be returned to the house in which it originated, where it shall be discussed and subjected to a yea-and- nay vote, and shall be considered approved if it obtain two thirds of the votes of the members present. In this case, the bill shall be sent to the other house, and if it be there approved in the same manner and by the same majority it shall be sent as a law to the executive power, for formal promulgation. § 4. The sanction and promulgation shall be made in the following- language : 1. " The National Congress enacts and I approve the following law (or resolution)." 2. " The National Congress enacts and I promulgate the follow- ing law (or resolution)." Art. 38. If the law is not promulgated within 48 hours by the President of the Republic in the cases specified in §§ 2 and 3 of Article 37, the president of the Senate, or the vice-president, if the president does not do it in the same period, shall promulgate it, using the following language: "I, the president (or the vice- president) of the Senate, do hereby make knowp to all those who may see these presents that the National Congress enacts and pro- mulgates the following law (or resolution)." Art. 39. A bill from one house, amended in the other, shall return to the former, and if the amendments are accepted therein, shall be sent to the executive power as amended. § 1. In the contrary case, it shall go back to the house where it was amended, and if the alterations receive the vote of two thirds of the members present, they shall be considered as ap- proved, and shall then be sent, together with the bill, to the house Avhere it originated, which can only reject them by a two-thirds vote. § 2. If the alterations are rejected by such vote, the bill shall be submitted without them to the approval of the executive. Art. 40. Bills finally rejected, or not approved, shall not be pre- sented again in the same legislative session. section II. — tpie executive power. CHAPTER I. — THE PRESIDENT AND VICE-PRESIDENT. Art. 41. The executive power shall be exercised by the President of the Republic of the United States of Brazil as elective head of the nation. BRAZIL. 71 § 1. The Vice-President, elected simultaneously with the President, shall take the place of the latter in case of temporary disability, and shall succeed him in case of vacancy in the Presidency. § 2. In case of disability of the A"ice-Presid?nt. or A'acancy of his office, the following' shall be called in the order named, to fill the Presidency : The vice-president of the Senate, the president of the Chamber of Deputies, the president of the Federal Supreme Court. § 3. The followino- are the essential conditions of eligibility to the Presidency or Vice-Presidency of the Eepublic : 1. To be a native of Brazil. •2. To enjoy the exercise of political rights. 3. To be over 35 years of age. Art. 42. If the vacancy in the Presidency or Vice-Presidency occurs, for any cause Avhatever, before two years of the presidential term have elapsed, a new election shall be held. Art. 43. The President shall hold his office for four ^ years, and shall not be reelected for the succeeding presidential term. § 1. The Vice-President who may have filled the Presidency dur- ing the last year of the presidential term shall not be eligible to the Presidency for the succeeding term. § 2. The President shall cease to exercise his powers, without fail, on the same day on which his presidential term expires, and the newly elected President shall at once succeed him. § 3. In case of the disability or failure of the latter to enter upon the discharge of his duties, the succession shall be effected in accord- ance with §§ 1 and 2 of Article 41. § 4. The first presidential term shall expire on 15 November 1894. Art. 44. On taking possession of his office, the President, before Congress, or if that body is not in session, before the Federal Su- preme Court, shall make the following affirmation : I promise to niaiutain and execute the federal Constitution with perfect loy- alty, to promote the general welfare of the Republic, to observe its laws, and to uphold the Union, its integrity and independence. Art. 45. The President and Vice-President shall not leave the national territory without the permission of the Congress, under penalty of loss of office. Art. 46. The President and Vice-President shall receive the salary fixed by the Congress in the preceding presidential term. CHAPTER II. ELECTIOX OF PRESIDENT AND VICE-PRESIDENT. Art. 47. The President and Vice-President of the Eepublic shall be elected by direct suffrage - of the nation and by an absolute majority of votes. ^ The governmental draft proposed six years. * The governmental draft proposed two degrees of suffrage. Article 1 of the Transitory Provisions provided for the election of the first President. 72 COlSrSTITUTIONS OF THE STATES AT WAR. § 1. The election shall be held on the first day of March of the last year of the presidential term, and the examination of the votes received in the respective election districts shall be made in the federal capital and in the capitals of the States.- Congress shall count the votes in its first meeting of the same year, with whatever number of members may be present. § 2. In case no one of the candidates shall have received an abso- lute majority of votes, Congress shall elect, by a majority vote of those present, one of the two persons who have obtained the greatest number of votes in the direct election. In case of tie the candidate of greatest age shall be considered elected. § 3. The process of election and counting of votes shall be regu.- lated by ordinary law. § 4. The relatives, whether by blood or affinit3^ within the first and second degrees, of the President or Vice-President who is in the exercise of his powers at the time of the election, or was so six months before, shall be ineligible to the offices of President and Vice-President. CHAPTER III. — THE POWERS OF THE EXECUTIVE. Art. 48. To the President of the Kepublic belongs the exclusive right : 1. To sanction, promulgate and make public the laws and reso- lutions of the Congress ; to issue decrees, instructions and regulations for their faithful execution. 2. To appoint and dismiss at will the ministers of State. 3. To exercise, or to designate one who shall exercise supreme command over the land and naval forces of the United States of Brazil when called to arms for the internal or external defense of the Union. 4. To govern the army and navy and to distribute their respective forces, in accordance with the federal laws and the needs of the national government. 5. To dispose of the civil and military offices of a federal char- acter, under the restrictions specified in the Constitution. 6. To remit and commute penalties for crimes subject to federal jurisdiction, except in the cases mentioned in Article 34, No. 28, apd Article 52, § 2. 7. To declare war and to make peace, under the provisions of Article 34, No. 11. 8. To declare war at once in cases of foreign invasion or aggres- sion. 9. To present an annual statement to the National Congress of the condition of the country, indicating pressing measures and re- BRAZIL. 73 fonns. by means of a iucssnp:e. which he shall send to the secre- tary of the Senate on the day of the opening of the legislative session. 10. To convoke the Congress in extraordinary session. 11. To appoint the federal judges upon nomination by the Su- preme Court. 1"2. To appoint the members of the Federal Supreme Court and diplomatic ministers, with the approval of the Senate. In the absence of the Congress, he may appoint them temporarily until acted upon by the Senate. 13. To appoint all other members of the diplomatic corps and consular agents, 14. To maintain relations with foreign Powers. 15. To declare directly, or through his responsible agents, a state of siege at any point of the national territory, in case of foreign aggression or serious internal disturbance (Article (>, No. 3; Article 34, Xo. 21; and Article 80). 16. To enter into international negotiations, to conclude agree- ments, conventions and treaties, always with the restriction that they 5ire to be referred to the Congress, and to approve those made by the States in conformity Avith Article 65. submitting them, at the time of their execution, to the authority of the Congress. CHAPTER IV. JIINISTEES OF STATE. Art. 49. The President of the Republic is assisted by the ministers of State, agents of his confidence, Avho shall countersign his acts, and each of wdiom shall preside over one of the ministries into which the federal administration is divided.^ Art. 50. The ministers of State shall not exercise any other public employment or function, nor shall they be elected President or Vice- President of the Union, deputy or senator. Sole §. Any cleputj^ or senator who shall accept the position of minister of State shall lose his seat and a new election shall at once be held, in which he shall be ineligible. Art. 51. The ministers of State shall not appear at the meet- ings of the Congress and shall communicate with that body only in writing or personally by means of conferences with the committees of the houses. The annual reports of the ministers shall be addressed to the Presi- dent of the Republic and distributed to all the members of Congress. Art. 52. The ministers of State are not responsible to the Con- gress or to the courts for advice given to the President of the Republic. § 1. They are responsible, however, for their acts, if these con- stitute crimes defined by law. iThe Law of 30 October 1891 (No. 2.3) created 7 ministries. Later reduced to 6, they were again (1909) restored to 7. 88381—19 6 74 CONSTITUTIONS OF THE STATES AT WAE. § 2. Fcr ordinary offenses and in cases of impeachment they shall bs pro:-'eciited and tried by the Federal Supreme Court, and for tho;e committed jointly with the President of the Republic, by the author- ity competent to pass judgment on the latter. CHAPTER V. THE RESPONSIBILITY OF THE PRESIDENT. Art. 53. The President of the Republic of the United States of Brazil, after the Chamber of Deputies shall have decided that he should be tried on charges made against him, shall be brought "to trial and judgment before the Federal Supreme Court in cases of ordinary crimes, and before the Senate in cases of impeachment. Sole §. After it has been decided that the President shall be tried, he shall be suspended from the exercise of his functions. Aet. 54. Acts for which the President of the Republic may be ini- X)eached are those which are directed against: 1. The political existence of the Union. 2. The Constitution and the form of the federal government. 3. The free exercise of political powers, 4. The legal enjo3'ment and exercise of political or individual rights. 5. The internal security of the country. 6. The honesty of the administration. ,, 7. The constitutional custody and use of public funds. 8. The appropriations voted by Congress. § 1. These offenses shall be defined b}^ a special law.^ § 2. Another law shall regulate the mode of accusation, procedure and judgment.^ § 3. Both of these laws shall be enacted in the first session of the first Congress. SECTION III. THE JUDICIAL POWER. Art. 55. The judicial power of the Union shall be vested in a Fed- eral Supreme Court, sitting in the capital of the Republic, and in as many inferior federal judges and courts, distributed through the country, as the Congress shall create. Art. 56. The Federal Supreme Court shall be composed of 15 justices, appointed under the provisions of Article 48, No. 12, from among the citizens of notable learning and reputation, eligible tc the Senate. Art. 57. The federal justices shall hold office for life, being remov- able only by judicial sentence. § 1. Their salaries shall be fixed by law and can not be dimin- ished. iLaw of 7 January 1892 (No. 27). ^ Law of 8 January 1892 (No. 30). BRAZIL. 75 § 2. The Senate shall try the impeachments of the members of the P'ederal Supreme Court and the Federal Supreme Court those of the lower federal judges. Art. 58. The federal courts shall choose their presidents from among their own members, and shall organize their resi^ective clerical corps. § 1. In these corps the ai)pointment and dismissal of the res])ec- tive clerks, as well as the filling of the judicial offices in the judicial districts, shall belong to the presidents of the respective courts. § 2. The President of the Republic shall appoint, from among the members of the Federal Supreme Court, the Attorney-General of the TJepublic, Avhose attributions shall be defined by law. Art. 59. The Federal Supreme Court shall have power: I. To try with original and exclusive jurisdiction: a. The President of the Republic for ordinary crimes, and the ministers of State in the cases specified in Article 52. h. The diplomatic ministers for ordinary crimes and in cases of impeachment. "c. Questions and conflicts between the Union and the States, or betAveen the States one with another. d. Suits and claims between foreign nations and the Union, or between foreign nations and the States. 6. Conflicts between the federal judges or courts one with another, or between them and those of the States, as also conflicts of the judges and courts of one State with the judges and courts of another State. II. To decide, on appeal, questions passed upon by the inferior federal judges and courts, as well as those mentioned in § 1 of the present article and in Article 60. III. To review decided cases under the provisions of Article 81. § 1. An appeal to the Federal Supreme Court can be taken against decisions rendered in the last instance, by the courts of the State : a. When the validity or application of the federal laAvs or treaties is called in question and the decision of the State court shall be against the same. 6. When the validity of laws or acts of the governments of the States in opposition to the Constitution or to the federal laws is con- tested and the State court shall have decided in favor of the validity of the acts or laws in question. § 2. In the cases wdiich involve the application of the laws of the States, the federal court shall consult the jurisprudence of the local tribunals, and, vice versa, the State court shall consult that of the federal tribunals, when the interpretation of the laws of the Union is involved. 76 CONSTITUTIONS OF THE STATES AT WAR. Art. 60. It belongs to the federal judges and courts to try and decide : a. Cases in which one of the parties bases his claim or defense on some provision of the Federal Constitution. 1). Suits against the government of the Union or the national treasury, founded upon provisions of the Constitution, laws and regu- lations of the executive power, or upon contracts entered- into with the same government. c. Claims for compensation, recovery of property, indemnifica- tion for damages or any other claims, presented by the government of the Union against private individuals or vice versa. d. Litigations between one State and the citizens of another, or between citizens of different States, when the respective State laws are different. e. Disputes between foreign States and Brazilian citizens. ^^ f. xictions instituted by foreigners, founded upon contracts with the federal government or upon conventions or treaties between the Union and other nations. g. Questions of maritime law and those relating to navigation,, either of the ocean or of the rivers and lakes of the country. h. Questions of international criminal or civil law. i. Political crimes. § 1. Congress is forbidden to delegate any federal jurisdiction to the courts of the States. § 2. Sentences and decrees of the federal judges shall be enforced by the federal court officers, to whom the local police shall be bound to render assistance when called upon to do so. Art. 61. The decisions of the State judges or courts of competent jurisdiction shall put an end to the suits and questions in which they are rendered, except in cases of : , 1. Habeas corpus; or 2. Settlement of the estate of a deceased foreigner, in cases not provided for by convention or treaty. In such cases voluntary recourse may be had to the Federal Supreme Court. Art. 62. The State courts shall not have power to intervene in questions submitted to the federal courts, or to annul, alter, or suspend the sentences or orders of the latter. And, reciprocally, the federal courts can not intervene in questions submitted to the State courts, or annul, alter, or suspend the decisions or orders of the latter, except in the cases expressly defined in this Constitution. Title II. — The States. Art. 63. Each State shall be governed by the Constitution and laws adopted by it, provided that the constitutional principles of the Union be respected. BRAZIL. 77 Art. 64. The mines and vacant lands sitnated in the States shall belong to them, the Union having the right only to that portion of the territory Avhich may be necessary for the defense of the frontier, for fortifications, military constrnctions and federal railways. Sole §. National propertv which nlay not be necessary for the service of the Union shall pass to the dominion of the States in whose territory it may be situated. Art. 05, The States shall have the right: 1. To conclude among themselves agreements and conventions of a nonpolitical character (Article 48. No. IG). 2. To use. in general, any poAver or right not denied to them by a provision, expressed or implied, of the Constitution. Art. G6. It is forbidden to the States: 1. To refuse faith and credit to public documents of the Union or of any State, of a legislative, administrative, or judicial character. 2. To refuse to recognize the currency, whether coin or paper, ]:)ut into circulation by the federal government. 3. To make or declare war, one against another, or make use of reprisals. 4. To refuse the extradition of criminals when requested by the courts of other States or of the Federal District, in conformity with the laws of Congress relating to this subject (Article 34, Xo. 32). Art. 67. Excepting the restrictions specified in the Constitution and the federal laws, the Federal District shall be governed by the municipal authorities.^ Sole §. The expenses of a local character in the capital of the Eepublic shall be defrayed exclusively by the municipal authority. Title III. — The Muxicipality. Art. 68. The States shall organize themselves in such a way as to assure the autonomy of the municipalities in respect to all that relates to their particular interests. Title IV. — Brazilian Citizens. section I. QtTALiriCATIONS OF BRAZILIAN CITIZENS. Art. 69. The following are Brazilian citizens: 1. Persons born in Brazil, even of a foreign father, if the latter is not residing in Brazil in the service of his own nation. 2. Children of a Brazilian father, and illegitimate children of a Brazilian mother, born in foreign countries, if they establish their domicile in the Eepublic. 1 Law of 29 December 1902 which reorganized the Federal District and the municipal power in the federal capital. 78 CONSTITUTIONS OF THE STATES AT WAR. 3. Children of a Brazilian father residing in a foreign country in the service of the Republic, provided that they do not establish their domicile there. 4. Foreigners who, having been in Brazil on 15 November 1889, shall not have declared, within six months after the Constitution comes into force, their intention to preserve their nationality of origin. -^ 5. Foreigners who hold real estate in Brazil and are married to Brazilian women, or have Brazilian children, provided that they reside in Brazil, unless they have declared their intention of not changing their nationality. 6. Foreigners naturalized ^ in any other way. Art. to. Citizens of more than 21 years of age, who are registered according to law, shall be electors. § 1. The following shall not be registered as electors for federal or State elections : 1. Beggars; 2. Illiterate persons ; 3. Soldiers on pay, except cadets of the higher military schools ; 4. Members of monastic orders, companies, congregations or communities of Sinj denomination,- subject to a vow of obedience, or rule or statutes, impl3dng the surrender of individual liberty. § 2. Citizens Avho are not registered are not eligible to office. Art. 71. The rights of the Brazilian citizen can be suspended or lost only in the following cases: § 1. The rights are suspended: a. Through physical or moral disability. &. Through condemnation for crime, during the period of its operation. § 2. They shall be lost: a. Through naturalization in a foreign country. h. Through the acceptance of employment or pension from a for- eign government, without permission of the federal executive power. § 3. A federal law shall determine the conditions for the re- acquisition of the rights of Brazilian citizenship. SECTION II. DECLARATION OF RIGHTS. Art. 72. The Constitution secures to Brazilians and foreigners residing in the country the inviolability of their rights touching liberty, personal security and property, in the following terms : § 1. No person shall be forced to do, or not to do, anything except by virtue of law. § 2. All persons are equal before the law.^ The Republic does not recognize privileges of birth, or titles of nobility, and abolishes the ^ Law of 12 November 1902 on the naturalization of foreigners. 2 Slavery was suppressed in Brazil in 1888. BRAZIL. 79 existing honorary orders, their prerogatives and decorations, as well as all titles of nobility and the title of counsellor. 1^ 3. All persons and religious confessions shall have the right to exercise their religion publicly and freely, to form associations foi- that purpose, and to acquire property, so long as they conform to the in-o\isions of the ordinary law, § 4. The Republic recognizes only the civil marriage, the sol- emnization of which shall be gratuitous. j^ n. The cemeteries shall possess a secular character, and shall bo managed by the municipal authorities, but all religious denomina- tions shall be free to use their respective rites in conformity Avitli their beliefs, provided they do not offend public morals and the laws. § ('). The instruction given in public institutions shall be laical. § 7. Xo denomination or church shall be officially subsidized or made (le})endent on. or connected with, the government of the Union, or of the States. s? S. All persons shall have the right of free association^ and assembly without arms; the police force shall not intervene, excepr to maintain public order. § 9. All persons shall be permitted to address, by petition, th'^ public powers, to denounce abuses of the authorities and to request that the guilty parties be held responsible. § 10. In time of peace all persons shall have the right to enter or leave the territory of the Republic, when and how they please, carry- ing with them their property, Avithout necessity' of securing a pass- port. ? 11. The house is the inviolable asylum of the person who inhab- its it ; without his consent no one can enter it at night, except to aid the victims of a crime or disaster, or during the day, except in the cases and in the form prescribed by laAV. § 12. The expression of opinion on all subjects, through the press or from the platform, shall be free, without subjection to censorship, each one being responsible for the abuses he may commit, in the ca^es and in the form prescribed by laAv. Anonymous publications shall not be permitted. § 13. No arrest shall be made, except in case of fagr-ante delJrfo, Avithout the prisoner having been previously indicted, unless other- Avise permitted by laAv, and upon Avritten order of the proper au- thority. § 11. Xo one shall be kept in prison without charges having been formally filed against him, except in the cases prescribed by laAV, nor taken to prison, or detained there, if he Avill give proper bail, in case? Avhere bail is laAvful. 1 Law of Ki September 1893 (Xo. 173). 80 CONSTITUTIONS OF THE STATES AT WAR. § 15. No one shall be sentenced, except by competent authority, and in virtue of a preexisting law, and in the form prescribed by it. - § 16. The law shall secure to the accused the fullest defense and all the recourses and means essential thereto, including notice of the charge, to be delivered to the prisoner within 24 hours, signed by the competent authority, with the names of the accusers and witnesses. § IT. The rights of property shall be maintained in all their pleni- tude, except in cases of expropriation because of necessity or public utility, in which cases indemnity shall be made beforehand. Mines shall belong to the owners of the soil, with the limitations which may be established by law to encourage the exploitation of this branch of industry. § 18. The secrecy uf correspondence is inviolable. § 19. No penalty shall extend bej^oncl the person of the guiltj^ party. § 20. The penalties of the galleys and of judicial banishment art abolished. § 21. The death penalty is likewise abolished, saving the provi- sions of military legislation in time of war. § 22. The writ of habeas corpus shall always be granted when the individual suffers or is in imminent danger of suffering violence or coercion, through illegality or abuse of power. § 23. No privileged jurisdiction shall be recognized, except in thos . cases which, owing to their nature, belong to special courts. § 24. The free exercise of any profession, moral, intellectual, or •ndustrial, shall be guaranteed. § 25. Industrial inventions shall belong to their inventors, who bhall be protected by a patent granted for a limited time, or rewarded by Congress with a reasonable prize, Avhen the usefulness of the invention may vouch for it.^ § 26. The exclusive right to reproduce, by the press or any other mechanical process, literary or artistic works is guaranteed to their authors. The heirs of the authors shall enjoy this right for the period which the law shall determine.- § 27. The law shall also secure the ownership of trade-marks.^ § 28. No Brazilian citizen shall be deprived of his civil or political rights, or exempted from the performance of any civic duty whatso- ever, on account of his religious belief or office. § 29. All those who allege their religious belief as a reason for exempting themselves from any duty which the laws of the Republic impose upon its citizens, and those who accept foreign decorations or titles of nobility, shall lose all their political rights. ^ Law of 14 October 1882. The international protection of patents is covered by the Law of 9 January 1903. 2 Law of 1 August 1898. " Law of 24 September 1904. BRAZIL. 81 § 30. No tax of «iny kind shall be collected except under authority of law. § 31. Trial by jury shall be maintained. Art. 73. Public oflices, civil or military, shall be accessible to all Brazilian citizens, provided that the conditions of special fitness, fixed by law, be observed; the accumulation of salaried positions is forbidden. Art. 74. Commissions, positions and offices to be held for life shall be fully guaranteed. Art. 75. Public officers shall be retired with pay. only in case of becomino; unable to perform their duties while in the service of the nation. Art. 70. Officers of the army and navy shall forfeit their com- missions, onl}^ when condemned, after trial by the competent courts, to more than two years' imprisonment. Art. 77. The military and naval officers shall be tried by special courts for military offenses. ^ 1. This jurisdiction shall be vested in a Supreme Military Court, whose memboi's shall serve for life, and in the courts martial which may be needed for the proper trial of the cases. § 2. The organization and attributions of the Supreme Military Court shall be o-overned by law.^ Art. 78. The enumeration of guarantees and rights made in the Constitution shall not exclude other guarantees and rights not enumerated, but resulting from the form of government established and the principles proclaimed by said Constitution. Title V. — General Provisions. Art. 70. The citizen vested with functions belonging to one of the three federal powers shall not exercise those belonging to the other two. Art. 80. Any part of the territory of the Union may be declared in state of siege and the constitutional guarantees suspended in it for a fixed period, whenever the security of the Republic ma}' demand it, in case of foreign aggression or internal disturbance (Article 34, Xo. 21). § 1. If Congress is not in session and the country is in imminent danger, the federal executive power shall exercise this prerogative (Article 48. No. 15). § 2. In the exercise of this power during a state of siege the executive power shall be restricted to the following measures of re- pression against persons: 1. To their detention in a place not destined for persons ac- cused of common crimes. 'This rourt was organized by tlio Law of 18 July 1S93 (No. 149). 82 CONSTITUTIONS OF THE STATES AT "WAR. 2, To banishment to some other part of the national territory. § 3. As soon as the Congress assembles, the President of the Republic shall report to that body all the exceptional measures which he may* have taken, giving his reasons therefor. § 4. The authorities who have ordered such measures shall be responsible for any abuses which may have been committed. Art. 81. Terminated criminal cases may be reviewed at any time, if to the benefit of the condemned parties, by the Federal Supreme Court, which shall amefncl or affirm the sentence. § 1. The law shall determine the manner and form of the revision, which may be asked for, either by the condemned party, by any one of the people, or ex officio by the Attorney-General of the Republic. § 2. In such revisions, the penalties imposed by the judgment under review shall not be increased. g 3. The provisions of the present article shall apply to military trials. Art. 82. Public officers shall be strictly responsible for the abuses and omissions of which they may be guilty in the exercise of their functions, as well as for their failure, through indulgence or negli- gence, to exact from their subordinates the proper responsibility for their acts. Sole §. Public officers shall bind themselves, formally, on taki^ig possession of their offices, to faithfully discharge the lawful duties of the same. Art. 83. Until revoked, the laws of the former regime shall re- main in force, except in so far as they are explicitly or implicitly contrary to the system of government established by the Constitution, and to the principles proclaimed by its provisions. Art. 84. The government of the Union guarantees the payment of the public debt, domestic or foreign. Art. 85. The staff and line officers of the navy shall have the same ranks and privileges as the officers of the army of corresponding grade. Art. 86. Every Brazilian is bound to do military service in defense of the country and of the Constitution, in accordance with the fed- eral laws. Art. 87. The federal army shall be made up of contingents, which the States and the Federal District are bound to furnish in accord- ance with the annual law fixing the strength of the public force. ^ 1. A federal law shall determine the general organization of the army, in accordance with No. 18 of Article 34. § 2. The military instruction of the corps and branches of the army service and higher military education shall be in charge of the Union. § 3. Compulsory recruiting for military service is abolished. BRAZIL. 83 § 4. The army and navy shall consist of volunteers, enlisted with- out bounty, and if this method fails, draftings shall be made accord- ing to a plan previously arranged. The personnel of the navy shall be made up by lot out of pupils of the Naval School, the schools of naval apprentices, and members of the merchant marine. Art. 88. The United States of Brazil shall in no case engage in a war of conquest, directly or indirectly, by itself or in alliance with another nation. Art. 89. A Court of Accounts shall be established to audit the accounts of receipts and expenditures and to pass upon their legality before they are presented to Congress. The members of this Court shall be appointed by the President of the Eepublic with the approval of the Senate, and shall lose their places only by judicial sentence. Art. 90. The Constitution may be amended upon the initiative of the National Congress, or of the legislatures of the States. § 1. An amendment shall be considered as proposed, when intro- duced by one fourth, at least, of the members of either house of th^. National Congress, and accepted, after three discussions, by two thirds of the votes in both houses of the Congress, or, when suggested by two thirds of the States, in the course of one year, each State being represented by a majority of the votes of its legislature. § 2. The proposed amendment shall be considered approved, if, in the following year, after three discussions, it is adopted by a majority of two thirds ^ of the votes in the two houses of Congress. § 3. The amendment adopted shall be published with the signa- tures of the presidents and secretaries of the two houses, and incor- porated in the Constitution as an integral part thereof. ^ 4. No project having a tendency to abolish the federal republican form of government, or the equal representation of the States in the Senate, shall be admitted for consideration in the Congress. Art. 91. As soon as this Constitution is approved, it shall be pro- mulgated by the presiding officers of the Congress and signed by the members of the same.- TRANSITORY PROVISIONS. Article 1. Upon the promulgation of the present Constitution, the Congress, assembled in joint session, shall choose at once, by absolute majority in the first balloting, and, if such be not obtained, by a relative majority in the second, the President and Vice-Presi- dent of the United States of Brazil. 1 The governmental draft proposed a majority of three fourths. - In the Official Journal of 25 Feliruary 1891 there are 223 signatures. 84 COWSTITUTIOISI-S OF THE STATES AT WAE. § 1. This election shall be made through two different votes, one for the President and another for the Vice-President ; the votes for the President shall be taken and counted first, and then the votes for Vice-President shall be taken and counted. § 2. The President and Vice-President thus elected shall fill the Presidency and Vice-Presidency of the Republic during the first presidential term. § 3. There shall be no incompatibilities in this election, § 4. As soon as said election is made, the Congress shall declare its mission in joint session as a convention to be ended, and. separating itself into Chamber and Senate, shall enter upon the exercise of its normal functions on the fifteenth of June of the current year, and it shall not for any reason be dissolved. § 5. In the first year of the first legislature, the Senate, as soon as it has completed its organization, shall designate preliminarily the first and second thirds of its members, whose terms shall cease at the end of the first and second triennial periods. § 6. This designation shall be made in three lists, correspond- ing to the three thirds of the Senate, whereon the names of the senators of each State and of the Federal District shall be in- scribed, according to the respective number of votes obtained by them, so that the one first in the voting in the Federal District and in each State shall be placed in the list for the last triennium and the others in the lists of the other triennial periods, according to the relative number of votes obtained by them. § 7. In case of tie preference shall be given to the elder, and if the ages be equal the choice shall be made by lot. Akt. 2. The State which, at the end of the 3'ear eighteen hundred and ninety-two, shall not have adopted a constitution for itself, shall be, by Act of CongTess, subjected to that one of another State, whicli may be deemed most suitable, but the State thus subjected to the constitution of another State shall have the right to amend that instrument in the manner provided in the same. Art. 3. As fast as the States shall be organized, the federal gov- ernment shall deliver to them the administration of the services which belong to them under the Constitution, and shall settle the responsibility of the Federal administration in all that relates to said services and to the payment of the respective officials. Art. 4, While the States are engaged in regulating their expenses and during the whole period of organization of their services, the federal government shall grant them special credits for this purpose, under conditions to be established by law. Art. 5. As soon as the States are organized, the classification of the revenues established in the Constitution shall enter into force. En.vziL. 85 Airr. C. In the first appointments of federal and State judges, preference shall be given to the present members of the law courts, and to those judicial officers called descmhargadorcs, who may enjoy the greatest reputation. Judges who have served for over thirty years and can not have positions in the new judicial organization shall be retired on full pay. Those who have served for less than thirty years shall continue to receive their present salaries until they are employed or retired with salaries corresponding to their time of service. Tjie expenses to be incurred in paying the salaries of the judges placed on the retired or reserve lists shall be paid by the federal go\"ernment. Art. 7. On and after 15 November 1889, a pension shall be paid to I). Pedro de ALCA^TTARA, ex-Emperor of Brazil, which shall guar- antee him a suitable maintenance for the remainder of his life. Con- gress in its first regular session shall fix the amount of this pension. Art. 8. The federal government shall acquire for the nation the house in which Benjamin Constant Botelho de Magalhaes died, and shall order a tablet to be placed upon the same in memory of that great patriot, the founder of the Republic. Sole §. The widow of said Dr. Benjamin Constant shall enjoy the use of said house during her life.^ 1 Thf; ' signatures of the President of the Congress and of the senators and deputies follow. BULGARIA. The Preliminary Treaty of Peace, which ended the Ivusso-Tiirkish War and was signed at San Stefano 19 February / 3 March 1878,^ considerably reduced the Ottoman power in Europe. Bulgaria was separated from the Ottoman Empire and constituted into " an au- tonomous and tributary principality, under the sovereignty of His Majesty the Sultan," by Article 1 of the Treaty of Berlin of 13 July 1878.- This same treaty imposed on the new State certain conditions relative to the election of the Prince (Article 2) and religious liberty (Article 5). On 10/22 February 1879, the first Bulgarian assembly of notables convened in the principality and the new Constitution Avas promulgated at Tirnovo 16/28 April 1879. It contains 169 arti- cles.^ Eastern Rumelia revolted against Turkish domination in Sep- tember 1885 and proclaimed Alexander Prince. The latter accepted '" the title of Prince of the two Bulgarias of the north and of the south " by a manifesto dated from Tirnovo 20 September. The Constitution of 1879 was the object of an important revision in 1893. The proposal of the government, adopted by the Ordinary National Assembly on 7/19 December 1892, was submitted to the (jrand National Assembly, which was convened at Tirnovo on 3/15 May 1893. On 15/27 May the revision was passed. Thirteen articles of the Constitution were amended: Articles 6, 38, 58, 59, 86, 111, 115, 125, 126, 139, 141, 144 and 161.* In 1911 the Constitution underwent another revision. Tlie Grand National Assembly was opened at Tirnovo on 9/22 June 1911 and held twenty -two meetings, at the conclusion of which (7/20 July) the project of the Fourteenth Ordinary National Assembly was adopted with some modifications and promulgated four days later. Fourteen articles were amended: Articles 6, 17, 19, 24, 35, 38, 55, 72, 73, 76, 86, 121, 127 and 161. 1 French text in British and Foreign State Papers, 69 : pp. 732-744 ; English transla- tion in Edward Hbrtslet, Map of Europe hy Treaty, vol. iv (London, 1S!)1), pp. 2672- 2696. 2 French text in British and Foreifjn State Papers, 69: pp. 740-767; English transla- tion in Hertslet, op. cit., pp. 2759-2709. ^ French translation in British and Foreign State Papers, 70 : pp. 1303-1318, and Ap- nttaire de legislation ctrangere, 9 (1879) : pp. 774—790. * French translation in Annuaire de legislation etrang^re, 23 (1893): pp. 682-684, with the old and new texts in parallel columns. 87 88 CONSTITUTIONS OF THE STATES AT WAR. The electoral law in force bears the date of 23 March / 4 April 1897.1 It received slight modifications in 1898, 1901, 1906, 1907, 1908, 1909, 1910, 1911 (twice) and 1912. Laws of 16/29 March 1903 and 11/24 April 1910 have prescribed the boundaries of the electoral districts.^ CONSTITUTION OF 16/28 APRIL 1879, WITH AMENDMENTS OF 15/27 MAY 1893 AND 11/24 JULY 1911.3 Chapter I. — The Territory or the Kingdom. Article 1. The territory of the Kingdom of Bulgaria may not be increased or diminished without the consent of the Grand National Assembly. Art. 2. The rectification of boundary lines, if this has not been done in inhabited regions, may also be decreed by the Ordinary Na- tional Assembly (Article 85). Art. 3. The territory is divided for administrative purposes into districts, sections {arrondissements) and communes. A special law shall be drafted for the organization of this admin- istrative division on the principle of autonomy for the communes. Chapter II. — The Power or the Ki^^g and its Limitations. Art. 4. The Bulgarian Kingdom is an hereditary constitutional monarchy with national representation. Art. 5. The King is the supreme representative- and head of the State. Art. 6.* The King bears the title of His Majesty the King of the Bulgars; the heir to the throne, that of His Royal Highness. Art. 7. The King of Bulgaria may not, without the consent of the Grand National Assemblj^, be at the same time the sovereign of an- other State. Art. 8. The person of the King is sacred and inviolable. Art. 9. The legislative power belongs to the King and the national representation. Art. 10. The King sanctions and promulgates the laws passed by the National Assembly. 1 Published in the Official Journal, 30 April/12 May. See analysis in Annuaire de legislation etrangere, 27 (1897) : pp. 780—799. ^ These introductory paragraphs are based upon F. R. Dareste et P. Dareste, Les Con- stitutions modernes (3d edition, Paris, 1910), vol. ii^ p. 296-298, with additions based upon the Annuaire de legislation etrangere. ^ Translated by George D. Gregory from the French translation in the British and Foreign State Papers, 107 : pp. 615-630. A German translation of the Constitution of 1879 and of the amendments of 1893 is in Paul Posener, Die Staatsverfassungen des Erdhalls (Charlottenburg, 1909), pp. 16-31 and 31-32 respectively. *As amended 11/24 July 1911. BULGARIA. 89 Art. 11. The Kino- is tl:o Kiipronie lie:ul of all the military forces of the country in time of peace as well as in time of war. He con- fers military rank in accordance with the law. Those who enter upon the military career take an oath of fidelity to the King. Art. 12. The executive power belongs to the King. All the agencies of this power act in his name and under his liigh supervision. Art. 13. The judicial power belongs entirely to the authorities and persons vested with judicial powers, who act in the name of the King. The relations of the King with the judicial authorities are determined by special regulations. Art. 14. The King has the right to mitigate and commute pun- ishments in accordance with the rules laid down in the law on crim- inal procedure. Art. 15. The King has the right of pardon in criminal cases. The right of amnesty belongs to the King conjointly with the Na- tional Assembly. Art. 16. The rights of the King specified in Articles 14 and 15 do not cover sentences passed upon ministers for violations of the Constitution. Art. 17.^ The King is the representative of the State in all its relations with foreign countries. The government negotiates and concludes in his name all treaties with foreign countries, which must be sanctioned by the King. The ministers inform the National As- sembly thereof as soon as the interests and security of the State per- mit (Article 92 of the Constitution). Nevertheless treaties of peace, of commerce, treaties obligating the State finances, those that are in derogation of laws now in existence, treaties relating to the public or civil rights of Bulgarian subjects do not become definitive until they have been voted by the National Assembly. In no case can the secret stipulations of a treaty nullify the pub- lished articles. Art. 18. Decrees and regulations emanating from the King are executory when countersigned by the respective ministers, who as- sume entire responsibility therefor. Chapter III. — The Residence of the King. Art. 19.^ The King is obliged always to reside in the Kingdom. If he leaves it temporarily, he designates a Regency, which shall be conferred upon the Council of Ministers. The rights and the duties of the Regency shall be determined by a special laAv. The King com- municates his departure and the designation of the Regency to the Council of Ministers, which informs the nation thereof through the official journal. »As amended 11/24 July 1911. 88381—19 7 90 COiS'STITUTIONS OF THE STATES AT WAR. Art. 20. The heir to the throne must likewise reside in the King- dom and niay not leave it except with the consent of the King. Chapter IV. — The Arms of the Kingdom, the Seal and the National Flag, Art. 21. The arms of the Bulgarian State consist of a crowned lion of gold on a dark red field. The shield is surmounted by the royal crown. Art. 22. The seal of the State shall bear the arms of the Kingdom. Art. 23. The Bulgarian flag is tricolor and consists of the colors white, green and red arranged horizontally. Cpiapter V. — The Order or Succession to the Throne. Art. 24.^ The Eoyal dignity is hereditary in a direct line by right of primogeniture in the male descendance of His Majesty the King of the Bulgars, Ferdinand I of Saxe-Coburg and Gotha. A special law shall govern the order of succession to the throne. Chapter VI. — The Majority of the King, the Regency and GuARpiANSHIP. Art. 25. The reigning King and the heir to the throne attain their majority at the age of eighteen. Art. 26. If the King ascends the throne before attaining this age, a regency and guardianship are constituted for him until he attains his majority. Art. 27. The Regency is composed of three regents who are elected by the Grand National Assembly. Art. 28. The reigning King may also appoint three regents dur- ing his lifetime, if the heir to the throne has not attained his ma- jority. But in this case the consent and confirmation of the Grand National Assembly are necessary. Art. 29. Ministers, the president and members of the Court of Cassation and persons who have filled these offices in an irreproach- able manner may be members of the Regency. Art. 30. Members of the Regency on assuming office take an oath cf fidelity to the King and the Constitution before the Grand Na- tional Assembly. After which they announce to the nation by proc- lamation that they have undertaken the government of the country within the limits of the royal power and in the name of the King. Art. 31. As soon as the King has attained his majority and taken oath, he assumes the government of the country and advises the na- tion thereof by a proclamation. As amended 11/24 July 1911. BULGARIA. 91 Art. 32. The education of the King during his minority and the administration of his estates are in the hands of the Queen widow and the tutors appointed by the Council of Ministers with the con- sent of the Queen, Art. 33. Members of the Regency may not be at the same time tutors of the minor King. Chapter VII. — Accession to the Throne and the Taking of THE Oath. Art. 34. Upon the death of the King the heir ascends the throne nnd immediately orders the convening of the Grand National As- sembly, before which he takes the following oath : I swear in the name of God Almighty that I shall uphold devoutly and in- violably the Constitution and the laws of the Kingdom and that in all my actions I shall always have in view only the prosperity and welfare of the country. So help me God ! Chapter VIII. — Maintenance of the King and of the Members OF the Royal House. Art. 35.1 The National Assembly fixes by a special law the civil list of the King and of his court. Art. 36. The National Assembly fixes the amount for the main- tenance of the heir to the throne as soon as he has attained his majority. Chapter IX. — Religion. Art. 37. The Orthodox Christian Religion of the Eastern Rite is the State religion of the Kingdom of Bulgaria. Art. 38.1 ^j^g King may not profess any religion other than the Orthodox. An exception is made in the case of the present King. Art. 39. As the Kingdom of Bulgaria forms, from an ecclesias- tical point of view, an inseparable part of the pale of the Bulgarian Church, it is subject to the Holy Synod, which is the supreme authority of the Bulgarian Church, wherever the seat of that author- ity may be. It is through it that the Kingdom preserves its union Avith the Ecumenical Eastern Church in all that pertains to the dogmas of the faith. Art. 40. Unorthodox Christians and non-Christian inhabitants, whether subjects of the Kingdom or received as^ such, as well as foreigners permanently or temporarily residing in Bulgaria, enjoy freedom of worship in so far as their religious practices do not vio- late existing laws. lAs amended 11/24 July 1911. 92 CONSTITUTIONS OF THE STATES AT Vv^AR. Art. 41. No one may, by virtue of liis religions convictions, be exempted from the obligations of the laws in force, which are bind- ing upon everybody. Art. 42. The ecclesiastical affairs of unorthodox Christians and of non-Christians are governed by the respective religious authori- ties within the limits of the law^s laid down on this subject and under the high supervision of the competent minister. Chapter X. — The Laws. Art. 43. The Bulgarian Kingdom shall be governed strictly in accordance with the laws, which are made and promulgated in the forms indicated in the present Constitution. Art. 44. No law may be promulgated, completed, modified, or re- pealed without first being discussed and voted upon by the Natioiial Assembh^, which also has the right of interpreting its precise mean- ing. Art. 45. Every law voted by the National Assembly is submitted, to the King for his sanction. Art. 46. After being sanctioned by the King, the law must be promulgated in full. Mention must be made in the promulgation of the law of its adoption by the National Assembly. No law has any force or effect before its promulgation. Art. 47. If the State is menaced by some internal or external danger and the National Assembly can not be convened, then, and in this case only, the King may, upon the representations of the Council of Ministers and their joint responsibility, publish ordi- nances and take measures which will have the same binding force as laws. The extraordinary ordinances and measures shall be sub- mitted to the approval of the first National Assembly which is con- vened thereafter. Art. 48. The measures and ordinances mentioned in Article 47 may in no case have for their object the creation of taxes and con- tributions, which shall always be imposed with the consent of the National Assembly. Art. 49. The National Assembly alone has the right to decide whether all the formalities prescribed by the present Constitution have been fulfilled in the publication of a law. Art. 50. Kegulations for putting a law into effect and the meas- ures which must be taken to this end are in the hands of the execu- tive power. Chapter XL — The Property of the State. Art. 51. The property of the State belongs to the Bulgarian King- dom, and neither the King nor the members of his family may assume the enjoyment thereof. BULGARIA. 93 Art. 52. The iniinner in which this property may be alienated or mortgaged, as well as the use to which the revenue therefrom is to be put, shall be prescribed b}^ law. Art. 53. The property of the State is administered by the compe- tent minister. Chapter XII. — The Citizens of the Bulgarian Kingdom. SECTION 1. general RULES. Art. 54. All those who are born in Bulgaria and who have not changed their nationality, as w^ell as those who are born in foreign countries of parents who are Bulgarian subjects, are considered sub- jects of the Bulgarian Kingdom. Art. 55.^ Foreigners may be admitted to Bulgarian nationality by virtue of a law, to be drafted hereafter. Art. 56. Any subject of the Kingdom may change his nationality after he has completed his period of military service and fulfilled his other obligations toward the State, in conformity with a special law, to be drafted hereafter. Art. 57. All Bulgarian subjects are equal before the law; no divi- sion into classes is tolerated in Bulgaria. Art. 58.- Titles of nobility and other distinctions can not exist in the Kingdom. Art. 59.'- The King has the right to grant decorations. The crea- tion of decorations takes place by virtue of a special law. Art. 60. Citizens of the Bulgarian Kingdom alone enjoy political rights. All who dwell w ithin the Kingdom have civil rights in con- formity with the laws. Art. 61. No one in the Bulgarian Kingdom has the right to buy or sell human beings. Every slave of whatever sex, nationalit}^, or religion is free as soon as he sets foot on Bulgarian territory. Art. 62. Laws concerning public order and police laws are equally binding upon all who live in the Kingdom. Art. 63. All immovable property situated in the Kingdom, even though it belongs to foreigners, is governed by the Bulgarian laws. Art. 64. In all other respects, the condition of foreign subjects in tlie Kingdom is governed by special laws. SECTION 2. — -THE SERVICE OF THE STATE AND PUBLIC OFFICE. Art. 65. Bulgarian subjects alone may be officials of the State or of the commune, or be admitted to service in the army. 1 As amended 11/24 July 1911. - As amended 15/27 May 1893. 94 CONSTITUTIONS OF THE STATES AT WAR. Art. 66. Foreign subjects may also be admitted to the service of the State, subject, however, to the approval of the National Assembly in every instance. SECTION 3. THE RIGHT OF PROPERTY. Art. 67. The right of property is inviolable. Art. 68. Expropriation may take place only because of public utility and in consideration of a just indemnity. The mode of ex- propriation shall be determined by a special law. SECTION 4. TAXES AND CONTRIBUTIONS LEVIED BY THE STATE. Art. 69. Every subject of the Bulgarian Kingdom, without ex- ception, is obliged to pay the taxes and contributions established by the laws and to bear the other charges. Art. To. The King and the heir to the throne are exempted from all taxes, contributions and other charges. SECTION 5. — military SERVICE. Art. 71. Every Bulgarian subject is liable to military service ac- cording to the law to this effect. Art. 72.^ A special law shall specify the crimes, imputable to soldiers in active service, that fall within the jurisdiction of the military courts and those that come within the competence of the courts of common law. SECTION 6. — inviolability OF PERSON, DOMICILE AND CORRESPONDENCE. Art. 73.^ No one may be subjected to punishment except by virtue of a definite judgment of a competent court. Neither exceptional tribunals nor commissions of inquiry may be created upon any pretext or under any designation whatever. In time of war or in case of imminent peril resulting from foreign invasion or an armed insurrection, when the entire country or cer- tain localities have been proclaimed to be in a state of siege, courts martial instituted by law come into operation. The state of siege is proclaimed by law, if the National Assembly is in session, or by decree on the joint responsibility of the ministers, if the said Assembly is not in session. In the latter case the National Assembh^ must be convened within five days to approve the decree issued to this effect. lAs amended 11/24 July 1911. 2 All of this article after Paragraph 1 was added 11/24 July 1911. BLTLGARIA. 95 Akt. 74. Imprisonment and domiciliary visits may take place only in accordance with the rules laid down by law. Art. 75. No i)unishment except that prescribed by law may be applied to any one whomsoever. Torture, as well as the confiscation of property, is prohibited. Art. 76.1 Art. 77. The secrecy of private letters and telegrams is inviolable. The responsibility of officials relative to the violation of the secrecy of letters and telegrams shall be governed by a special law. section 7. rUBLIC INSTRUCTION. Art. 78. Primary instruction is obligatory and free to all sub- jects of the Bulgarian Kingdom. SECTION S. — FREEDOM OF THE PRESS. Art. 79. The press is free. No censorship is permitted. No se- curity shall be required of writers, publishers, or printers. When an author is known and resides in the Kingdom, the publisher, the printer and the distributors shall not be prosecuted. Art. 80. The Holy Scriptures, ecclesiastical books and w'orks dealing wdth the dogmas of the Orthodox Church, as well as man- uals on religion for use in Orthodox schools, shall first be submitted to the approval of the Holy Synod. Art. 81. All misdemeanors on the part of the press shall be judged according to law by the ordinary courts. SECTION 9. freedom OF ASSEMBLY AND OF ASSOCIATION. Art. 82. The inhabitants of the Bulgarian Kingdom have the right peaceably to assemble and to discuss unarmed any question without first asking permission. Meetings held in the open air are wholly subject to police regulations. Art. 83. Bulgarian citizens have the right to form associations without any previous authorization, provided the object of such as- sociations and the means employed do not jeopardize the security of the State, public order, religion, or public morals. SECTION in. THE RIGHT OF PETITION. Art. 84. Every Bulgarian subject may present petitions to the competent authorities either individually or collectively. Legally constituted institutions may likewise present reque>=^is through the intermediary of their representative. 1 Rescinded 11/24 July liUl. 96 CONSTITUTIONS OF THE STATES AT WAR. Chapter XIII. — National Representation. Art. 85. The representation of the Bulgarian Kingdom consists of a National Assembly, which may be: 1. An Ordinary National Assembly. 2. A Grand National Assembly. Chapter XIV. — The Ordinary National Assembly. SECTION 1. composition OF THE ORDINARY NATIONAL ASSEMBLY. Art. 86.^ The Ordinary National Assembly consists of represen- tatives elected by direct vote in the ratio of one deputy for every twenty thousand inhabitants of both sexes. Reperesentatives are elected for four years. All Bulgarian citizens who have attained the age of 21 years and who enjoy civil and political rights are electors. Bulgarian citizens enjoying civil and political rights, who have attained the age of 30 and who can read and write, are eligible for election as representatives. An electoral law shall be drafted.^ Art. 87. Those elected represent not only their constituents, but the whole nation; that is why they may not accept any obligatory instruction from their constituents. Representatives are entirely free in their opinions as to the needs of the country and are guided only by their convictions and conscience. Art. 88. As soon as the session is opened, the National Assembly, under the presidency of its senior member, proceeds immediateh' to the election of its president and vice presidents. Art. 89. The National Assemblj^ elects from among its members as many secretaries as are necessary. Art. 90. The ministers may attend the meetings of the Assembly and take part in the discussions. The Assembly is obliged to hear the ministers whenever they request the floor. Art. 91. For the purpose of presenting to the Assembly explana- tions on the subjects which are submitted, the King may, in the place and stead of the ministers or conjointly with them, appoint special commissioners in the Assembly, who in this case enjoy, like the minis- ters, the rights designated in the foregoing Article 90. Art. 92. The Assembly may invite the ministers and commission- ers to attend its meetings, in order to furnish such information and explanations as are required. The ministers and commissioners are obliged to present themselves before the Assembly and to commu- lAs amended 11/24 July 1911. ^ See introductory paragraphs preceding this Constitution. BULGARIA. 97 nicate personally the explanations requested. The ministers and commissioners may on their own responsibility preserve silence as to facts, the premature divulging of which might be injurious to the interests of the State. SECTIOX 2. FREEDOM OF OPINION AND INVIOLABILITY OF MEMBERS OF THE ASSEMBLY. Art. 93. Every member of the Assembly has the right freely to express his opinion and to vote according to his conviction and his conscience. No one may call him to account for the opinion he has expressed nor prosecute him because of it. Art. 9J:. The rights of the president and the responsibility of the members of the Assembly with regard to the rules to be observed in the meetings are determined by a special regulation governing the internal affairs of the Assembly. Art. 95. Members of the Assembly who during its session shall commit misdemeanors or crimes provided for by the criminal law may not be brought into court except with the authorization of the Assembly. Art. 9G. Members of the National Assembly during the five days preceding the opening and throughout the entire session may not be arrested or tried, unless they are accused of crimes involving the heaviest penalties prescribed by the criminal law. In this case the arrest of a representative must be immediatel}^ communicated to the National Assembly, and not until it so authorizes may judicial prosecution be commenced. Art. 97. Eepresentatives may not be held for debt during the five days preceding the opening and througliout the entire session of the Assembly. Art. 98. The provisions relating to replacing deceased or retiring members of the Assembly are laid down by the electoral law. SECTION 3. PUBLICITY OF THE MEETIN(;S OF THE NATIONAL ASSEMBLY. Art. 99. The meetings of the National Assembly are public. Art. 100. The president, one of the mini-ters or commissioners, or at least three uiembers of the Assembly may propose to exclude the public from the Assembly chamber. Such a proposal is discussed in secret and decided by a majority vote of the members present. Art. 101. The decision mentioned in the preceding article (100) is publicly proclaimed by the president. Art. 102. No one bearing arms may enter the chamber or the building in which the Assembly is sitting. 93 CONSTITUTIONS OF THE STATES AT WAR. Military guards and armed forces generally must not be placed at the door of the chamber or in the building of the Assemblj' itself or in the vicinity of that building, unless a majority of the Assembly so desires. Art. 103. The Assembly has its own internal police who are un- der the orders of the president. Art. 104. The National Assembh^ makes its own rules for its internal government and the manner in which it shall proceed to examine the questions upon which it is to pass. Chapter XV. — Attributions or tpie National Assembly. Art. 105. The attributions of the National Assembl}^ are as fol- lows : 1. To discuss bills, in pursuance of Article 44. 2. To discuss proposals for loans to the State, for the increase, diminution or imposition of taxes and all kinds of contributions, as well as their distribution and the manner of their collection. 3. To decree releas? from taxes and contributions Avhich are in arrears and the collection of which appears to have become im- possible. 4. To discuss the annual budget of receipts and expenditures. 5. To control the expenditure of the sums carried in the budget. 6. To control the operations of the Court of Accounts, which is obliged to i^resent to the Assembly detailed data on the use to which the budget has been put. 7. To put questions as to the responsibility of ministers. Art. 106. The Assembly has the right to receive all kinds of pe- titions and requests and to transmit them to the respective ministers. It has the right to appoint commissions of inquiry in all the branches of the administration. Ministers are obliged to furnish explanations when the Assembly asks for them. Art. lOT. The members of the Assembly have the right to address interpellations to the government; the government and the respec- tive ministers are obliged to reply thereto. Chapter XVI. — Rules Relating to the Presentation and Exami- nation OF Bills and Proposals. Art. 108. The King and the National Assembly have the right to initiate legislation. Art. 109. Bills and proposals are presented to th^ National A::- sembly by the res^^ective ministers at the command of the King. BULGARIA. 99 Any representative in the National Assembly may likewis? pre- sent bill, or proposals if he is supported by one fourth of the mem- bers present. Art. 110. Any bill or proposal presented to the National Assem- bly may be withdrawn so long as it has not been passed as a whole. Art. 111. The National Assembly may amend, complete, or cor- rect bills which are presented to it. Art. 112. If the government does not consent to the amendments, additions, or corrections in the bills presented by it, it may withdraw them or present them again in their original form, with explanations and remarks ; or it may present them with the amendments and addi- tions which it deems it advisable to introduce therein. Art. 113. If the Assembly rejects a bill in its entirety, it may not be again presented to the Assembly without modification at the same session. Such a bill may be presented at another session. Art. 114.^ Bills presented to the National Assembly may not be \oted unless more than one third of all the representatives are pres- ent at the meeting. Art. 115.^ The members of the Assembly are required to vote in person and in public. The vote may, however, be in secret if at least ten members so request and if their request is granted by the National Assembly. Art. 116. The Assembly decides questions by a majority vote. Art. 117. In case of a tie vote, the bill or proposal is considered defeated. Art, 118. The King must make known to the Assembly, during its session, his decision on every resolution which is passed by the As- sembly and submitted to him. Chapter XVIL — The Budget. Art. 119. The budget is submitted every year to the National As- sembly for discussion. Art. 120. As soon as the budget is voted by the National Assem- bly, it is submitted to the King for his sanction. Art. 121.- The National Assembly discusses the proposed budget article by article. Art. 122. When the Assembly can not be convened and there are necessary emergency expenses to be provided for, the budget for the preceding year remains in force on the responsibility of the minis- ters until the National Assembly approves the expenditures made. This approval must be given at the next following session, 1 As amended 15/27 May 1893. ^As amended 11/24 July 1911. 100 CONSTITUTIONS OF THE STATES AT WAR. Chapter XVIII. — State Loans. Art. 123. No loan may be contracted without the consent of the National Assembly. Art. 124. If it should become necessary to contract a loan, when the legislature is not in session, to meet extraordinary emergency expenses, the Assembly is convened immediately in extraordinary session. Art. 125.^ If there are serious obstacles in the way of convening the National Assembly, the King, on the initiative of the Council of Ministers, may decree a loan up to the sum of three million francs, on condition that such loan be submitted to the approval of the next National Assembly. Art. 126.^ As regards expenses for which no credit has been opened, the King may, in such cases and in accordance with the formalities indicated in the preceding article (125), order them to be defrayed from the treasury funds, but on condition that all such expenses shall not exceed the sum of one million francs. Art. 127.- The King convenes the National Assembly regularly every year. The session lasts from 15 October to 15 December [old style] and from 15 January to 15 March [old style]. But the Assem- bly may be convened in extraordinary session, if important matters are on its program. Chapter XIX. — The Convening of tpie Assembly. Art. 128. The place where the Assembly is to sit and the length of its session, as set forth in Article 127, are fixed by the convocation decree signed by the King. Art. 129. The ordinary session of the Assembly may be prolonged if the King and the National Assembly mutually consent thereto. Art. 130. The King opens and closes the Assembly in person or through a delegate specially designated for that purpose by procura- tion. Art. 131. Prior to the opening of the Assembly all its members take, simultaneously and according to the forms of their religion, the following oath : I swear in the name of the Only God to respect and defend the Constitu- tion and in the performance of my duties in this Assembly to have always in view the welfare of the nation and of the King according to the dictates of my reason and my conscience. So help me God ! Amen ! Art. 132. Members of the clergy do not take this oath, but sol- emnly promise to act always according to the dictates of their con- 1 As amended 15/27 May 1893. -As amended 11/24 July 1911. BULGARIA. 101 science Avith a view to the common good of the country and of the King. Akt, 133. xVt the opening of the Assembly the King's speech sets forth the condition of the country and indicates the bills and pro- posals which are to be submitted to the consideration of the Assembly. Art. 134:. In reply to the royal speech, the Assembly presents an address to the King. Art. 135. After convening the Assembly, the King may prorogue the session for two months at most. A further prorogation in the course of the same session ma}^ not take place except with the consent of the Assembly itself. Art. 13G. The King may dissolve the Assembly and order new elections. Art. 137. The new elections must take place within two months at most and the new Assembly must be opened within not more than four months from the date of the dissolution of the preceding Na- tional Assembly. Art. 138. The members of the National Assembly may not meet in session unless they are convened by the King; neither may they meet after the adjournment, closure, or dissolution of the Assembly. Art. 139.^ All representatives receive per diem compensation. Traveling expenses, however, are not allowed except to those who do not reside in the locality where the National Assembly meets. Chapter XX — The Grand National Assembly. section 1. ATTRIBUTIONS OK THE GRAND NATIONAL ASSEMBLY. Art. 140. The Grand National Assembly is convened by the King, by the Regency, or by the Council of Ministers. Art. 141.^ The King convenes the Grand National Assembly : 1. To discuss questions of the session or exchange of some part of the territory of the Kingdom. 2. To pass upon the case provided for by Article 7 of the Con- stitution. 3. To modify or revise the Constitution. There must be a vote of two thirds of all the members of the As- sembly. Art. 142. The Grand National Assembly may not be convened by the Regency except for the' purpose of considering questions of the alienation or exchange of some part of the Kingdom. These questions are decided by a majority of the members of the Assembly present. lAs amended lo/27 May 1893. 102 CONSTITUTIONS OF THE STATES AT WAR. Art. 143. The Council of Ministers convenes the Grand National Assembly : 1. To elect a new King in case the reigning King dies without leaving an heir. The election is decided by a majority of two thirds of the members of the Assembly present. 2, To elect regents during the minority of the King. The elec- tion is decided by a majority of the Assembly present. Art. 144.^ The Grand National Assembly is composed of repre- sentatives elected directly by the people. The number of these deputies must be double that of the members of the Ordinary National Assembly, in the ratio of two representatives to every twenty thousand inhabitants of both sexes. The elections shall take place in accordance with a special electoral law. SECTION 2. COMPOSITION OF THE GRAND NATIONAL ASSEMBLY. Art. 145. The president, the vice-presidents and the required num- ber of secretaries are elected by the Assembly from among its mem- bers. Until these elections have taken place the senior member occupies the presidential chair. Art. 146. The Grand National Assembly may take up onW the questions enumerated in Articles 141-143, for which it has been convened according to the Constitution, and it is dissolved immedi- ately after it has decided them. Art. 147. Articles 87, 90, 93, 104, 114, 115, 131 and 132 of the present Constitution are applicable also to the Grand National Assembly. Chapter XXI. — The Grand Bodies of the State : The Council of Ministers, the Ministries. Art. 148. The grand bodies of the State are : 1. The Council of Ministers. 2. The Ministries. Art. 149. The executive power, under the high supervision and direction of the King (Article 12), belongs to the ministers and their Council. Art. 150. The Council of Ministers is composed of all the minis- ters ; one of them is appointed President of the Council by the King. Art. 151. Aside from their regular duties in ordinary times, the Council of Ministers in certain cases set forth below is vested with the following rights and duties : 1. In case the King should die without issue, the Council of Ministers assumes the government of the Kingdom and convenes lAs amended 15/27 May 1893. BULGARIA. 103 Avithin one month the Grand National Assembly to elect the new King. 2. The Council of Ministers assumes the government also in case the King shonlcl not have appointed a Regency before his death. The Grand National Assembly must be convened within one mor.th for the election of regents (Paragraph 1). 3. If the Queen widoAv is pregnant at the death oi" the King, the Kingdom is governed by the Council of Ministers until the Queen's delivery. 4. If one of the regents should die, the Council of Ministers con- venes the Grand National Assembly for the election of a successor to the deceased regent, in accordance with the provisions of Para graph 2. 5. The Council of Ministers, on assuming the government of the country in the cases mentioned in the present article (Paragraphs 1-4), makes this fact known to the nation by a proclamation. G. As long as the Council of Ministers is in charge of the gov- ernment of the Kingdom, there can be no change of ministers. 7. The members of the Council of INIinisters, when they are pro- visionally in charge of the government of the country, receive only their salaries as ministers. Art. 1.52. ^Ministers are appointed and dismissed by the King. Art. 153. Ministers are jointly responsible to the King and the National Assembly for all measures taken in common, and each one is personally responsible for his acts within the limits of his at- tributions. Art. 154. Every official act signed by the King must be counter- signed, according to its character, either by all the ministers or by tlie minister concerned. Art. 155. Charges may be brought against ministers by the >^a- tional Assembly for treason against the country or the King, for violations of the Constitution, for corruption in office or injuries to the Kingdom in the furtherance of personal ends. Art. 156. Every accusation against a minister mnst be presented in writing, v>'ith an enumeration of all the charges, and must be signed by at least one fourth of the members of the National As- sembly. Art. 157. A majority of two thirds of the members of the As- sembly present is necessary in order to place a minister on trial. Art. 158. Ministers are tried by a special court of the State, the composition of which shall be determined by a law. Art. 159. The King may not pardon a minister without the con- sent of the National Assembly. Art. 160. The execution of the laws is entrusted to the grand bodies of the State called the ministries. 104 CONSTITUTIONS OF THE STATES AT WAR. Art. 161.^ The ministries are ten in number: 1. The Ministr}^ of Foreign AtTairs and Worship. 2. The Ministr}^ of the Interior and Public Health. 3. The Ministry of Public Instruction. 4. The Ministry of Finance. 5. The Ministry of Justice. 6. The Ministry of War. T. The Ministry of Commerce, Industry and Labor. 8. The Ministry of Agriculture and Domains of the State. 9. The Ministry of Public Works. 10. The Ministry of Railways, Posts and Telegraphs. Art. 162. A minister is placed at the head of each ministry. Art. 163. The King has the right of appointment to all the offices of the State. Art. 164. Every official takes an oath of fidelity to the King and the Constitution. Art. 165. Every official is responsible for acts pertaining to his duties. Art. 166. All officials appointed by the government are entitled to a pension, the basis and amount of which shall be determined by a special law. Chapter XXII. — The Mode of Revision and Modification or THE Constitution. Art. 167. Proposals for the modification or revision of the Consti- tution are made in the manner prescribed for the making of laws (Articles 108 and 109). Art. 168. In order to be adopted, the proposals referred to in the preceding article must receive a majority of more than two thirds of all the members of the National Assembly present. Art. 169. The Grand National Assembly is convened to examine the proposals mentioned in Article 167 and decides, by a two-thirdj? majority of its members present, questions concerning the modifica- tion or revision of the Constitution. lAs amended 11/24 July 1911. CHINA. On 1'2 February 191:2, as the result of a revolution, the oldest of monarchies became a republic. The settlement at the close of the revolution, which united the northern and southern provinces into the Republic of China, included among its terms the permanent union of North and South China and the abdicatiion of the Emperor. ■ Dele- gates from seventeen provinces met in Nanking and drafted a Pro- visional Constitution, which was promulgated by the Provisional President, Dr. Sun Yat-sen, on 11 March 1912. This Provisional Constitution, consisting of 56 articles, made provision (Article 53) for a National Assembly, which first met on 8 April 1913 as a bi- cameral body and initiated the drafting of a permanent Constitution. Before the completion of the draft. Articles 56-62, respecting the election of a President and Vice President, were passed by the As- sembly and Yuan Shih-k'ai was elected President. The entire draft Constitution of 113 articles was completed and submitted on 3 No- vember 1913 to the two houses of the National Assembly, but. before it could be adopted, Yuan, because he suspected complicity in the rebellion along the Yangtse River, unseated the Kuo-ming-tang mem- bers or Democrats — a fact Avhich destroyed the quorum of both houses and in effect dissolved the National Assembl3^ Yuan there- upon appointed a Council of State (Ts'an Cheng Yuan), which in turn appointed a committee to draw up a new constitution. This is the Constitutional Compact of the Chung Hua Min Kuo of 68 articles, promulgated on 1 May 1914,^ by which Yuan became a virtual dic- tiitor. Attempts to revert to a monarchy were checked only by tiie death of Yuan on 6 June 1916. The Provisional Constitution of II March 1912 was then revived, and in September the National As- sembly was reconvened. The revision of the draft Constitution was immediately taken up and was nearly completed when the National Assembly was suddenly dissolved in June 1918,- i Cf. The China Year Book, 1916, pp. 437-443. ' These introductory paragraphs are based upon Mix-ch'ien T. Z. Tyau, China's Xeio Constitution and International Problems (Shanghai, 1918), which gives a brief history of the constitutional development, an analysis of the permanent Constitution so nearly adopted in 1918 and an estimate of the latter in comparison with the Provisional Con- stitution and the constitutions of other countries. Cf. also The Statesman's Year Book (1917 and 1918) and The China Year Book (1916). 105 88381—19 8 106 CONSTITUTIONS OF THE STATES AT WAR. PROVISIONAL CONSTITUTION OF 11 MARCH 1912.^ Chapter I. — General Provisions. Article 1. The Eepublic of China is composed of the Chinese people. Art. 2. The sovereignty of the Chinese Republic is vested in the people. Art. 3. The territory of the Chinese Republic consists of 22 prov- inces, Inner and Outer Mongolia, Tibet and Chinghai. Art. 4. The sovereignty of the Chinese Republic is exercised by the Advisor}^ Council, the Provisional President, the Cabinet and the Judiciary. Chapter II. — Citizens. Art. 5. Citizens of the Chinese Republic are all equal, and there shall be no racial, class or religious distinctions. Art. 6. Citizens shall enjoy the following rights : 1. The person of the citizens shall not be arrested, imprisoned, tried or punished except in accordance with law. 2. The habitations of citizens shall not be entered or searched except in accordance with law. 3. Citizens shall enjoy the right of the security of their property and the freedom of trade. 4. Citizens Shall have the freedom of speech, of composition, of publication, of assembly and of association. 5. Citizens shall have the right of the secrecy of their letters. 6. Citizens shall have the liberty of residence and removal. 7. Citizens shall have the freedom of religion. Art. 8. Citizens shall have the right of petitioning the executive officials. Art. 9. Citizens shall have the right to institute proceedings be- fore the judiciary and to receive its trial and judgments. Art. 10. Citizens shall have the right of suing officials in the administrative courts for violation of law or gainst their rights. Art. 11. Citizens shall have the right of participating in civil examinations. Art. 12. Citizens shall have the right to vote and to be voted for. Art. 13. Citizens shall have the duty to pay taxes according to law\ Art. 14. Citizens shall have the duty to enlist as soldiers accord- ing to law. 1 Translation from the Peking Daily News, verified by the Chinese Secretary of the American Legation, Pelcing, China, and published in Supplement to the American Journal of International Laiv, 6 (1912) : pp. 149-154. A French translation is in the Annuaire de legislation etrangere, 12 (1912), pp. 598-602. CHINA. 107 Art. 15. The rights of citizens as provided in the present chap- ter shall be limited or modified by laws provided such limitation or modification shall be deemed necessary for the promotion of public welfare, for the maintenance of public order or on account of extraordinary exigency. Chapter HI. — The Advisory Council. Art. 16. The legislative power of the Chinese Republic is exer- €ised by the Advisory Council. Art 17. The Advisory Council shall be composed of members elected by the several districts as provided in Article 18. Art. 18. The Provinces, Inner and Outer Mongolia and Tibet shall each elect and depute five members to the Advisory Council iind Chinghai shall elect one member. Art. 18. The election districts and methods of elections shall be decided by the localities concerned. During the meeting of the Advisory Council each member shall have one vote. Art, 19. The Advisory Council shall have the following powers: 1. To pass all law bills. 2. To pass the budgets of the provisional government. 3. To pass laws of taxation, of currency, and of weights and measures for the whole country, 4. To pass measures for the calling of public loans and to con- clude contracts affecting the national treasury. 5. To give consent to matters provided in Articles 34, 35 and 40, 6. To reply to inquiries from the provisional government, 7. To receive and consider petitions of citizens. 8. To make suggestions to the government on legal or other matters. 9. To introduce interpellations to members of the cabinet and to insist on their being present in the Council in making replies thereto. 10. To insist on the government investigating into any alleged bribery and infringement of laws by officials. 11. To impeach the Provisional President for high treason b}'^ a majority vote of three fourths of the quorum consisting of more than four fifths of the total number of the members. 12. To impeach members of the cabinet for failure to perform their official duties or for violation of the law, by majority votes of two thirds of the quorum consisting of over three fourths of the total number of the members. Art. 20, The Advisory Council shall itself convoke, open and ad- journ its own meetings. 108 CONSTITUTIONS OF THE STATES AT WAR. Art. 21. The meetings of the Advisory Council shall be conducted publicly, but secret meetings may be held at the instigation of mem- bers of the cabinet or by the majority vote of its quorum. Art. 22. Matters passed by the Advisory Council shall be com- municated to the Provisional President for promulgation and exe- cution. Art. 23. If the Provisional President should veto matters passed by the Advisory Council, he shall, within ten days after he received such resolutions, return the same with stated reasons to the Council for reconsideration. If the same matter should again be passed by a two-thirds vote of the quorum of the Council, it shall be dealt with in accordance with Article 22. Art. 24. The President of the Advisory Council shall be elected by ballots signed by the voting members, and the one who receives more than one half of the total number of the votes cast shall be elected. Art. 25. Members of the Advisory Council shall not, outside the Council hall, be responsible for their opinions expressed and votes cast in the Council. Art. 26. Members of the Council shall not be arrested without the permission of the President of the Council, except for crimes committed at the time of arrest and for crimes pertaining to civil and international warfare. Art. 27. Procedures of the Advisory Council shall be decided by its own members. Art. 28, The Advisory Council shall be dissolved on the day of the convocation of the National Assembly and its powers shall be exer- cised by the latter. Chapter IV. — The Provisional President and Vice-President. Art. 29. The Provisional President and Vice-President shall be elected by the Advisory Council, and he who receives two thirds of the total amount of votes cast by a sitting of the Council consisting, of over three fourths of the total number of members shall be elected. Art. 30. The Provisional President represents the provisional gov- ernment as the fountain of all executive powers and for promulgat- ing all laws. Art. 31. The Provisional President may issue or cause to be issued orders for the execution of laws and of powers delegated to him by the laws. Art. 32. The Provisional President shall be the commander-in- chief of the army and navy of the whole of China. Art. 33. The Provisional President shall ordain and establish the administrative system and official regulations, but he must first sub- mit them to the Advisory Council for its approval. CHINA. 109 Art. 34. The Provisional President shall appoint and remove civil and military officials, but in the appointment of members of the Cabi- net, ambassadors and ministers, he must have the concurrence of the Advisory Council. Art. 35. The Provisional President shall have power, with the concurrence of the Advisory Council, to declare war and conclude treaties. Art. 36. The Provisional President maj', in accordance with law, declare a state of siege. Art, 37. The Provisional President shall, representing the whole country, receive ambassadors and ministers of foreign countries. Art. 38. The Provisional President may introduce bills into the Advisory Council. Art. 39. The Provisional President may confer decorations and other insignia of honor. Art. 40. The Provisional President may declare general amnesty, grant special pardon, commute a punishment and restore rights, but, in the case of a general amnesty, he must have the concurrence of the Advisory Council. Art. 41. In case the Provisional President is impeached by the Advisory Council, he shall be tried by a special court consisting of nine judges elected among the justices of the Supreme Court of the reahn. Art. 42. In case the Provisional President vacates his office for A'arious reasons, or is unable to discharge the powers and duties of the said office, the Provisional Vice-President shall take his place. Chapter V. — Members or the Cabinet. Art. 43. The premier and the chiefs of the government depart- ments shall be called members of the Cabinet.^ Art. 44. Members of the Cabinet shall assist the Provisional Presi- dent in assuming responsibilities. Art. 45. Members of the Cabinet shall countersign all bills intro- duced by the Provisional President and all laws and orders issued by him. Art. 46. Members of the Cabinet and their deputies may be pres- ent and speak in the Advisory Council. Art. 47. After members of the Cabinet have been impeached by the Advisory Council, the Provisional President may remove them from office, but such removal shall be subject to the reconsideration of the Advisory Council. •■ Literally, secretaries of State affairs. 110 CONSTITUTIONS OE THE STATES AT WAR. Chapter VI. — The Judiciary. Art. 48. The judiciary shall be composed of those judges ap- pointed by the Provisional President and the Chief of the Depart- ment of Justice. The organization of the courts and the qualification of judges shall be determined by law. A-RT. 49. The judiciary shall try civil and criminal cases, but cases involving administrative affairs or arising from other particular causes shall be dealt with according to special laws. Art. 50. The trial of cases in the law courts shall be conducted publicly, but those affecting public safety and order may be in camera. Art. 51. Judges shall be independent and shall not be subject to the interference of higher officials. Art. 52. Judges during their continuance in office shall not have their emoluments decreased and shall not be transferred to other offices, nor shall they be removed from office except when they are convicted of crimes, or of offences punishable according to law by removal from office. Regulations for the punishment of judges shall be determined by law. Chapter VII. — Supplementary Articles. Art. 53. Within ten months after the promulgation of this Pro- visional Constitution, the Provisional President shall convene a national assembly, the organization of which and the laws for the election of whose members shall be decided by the Advisory Council. Art. 54. The Constitution of the Eepublic of China shall be adopted by the National Assembly, but before the promulgation ot the Constitution, the Provisional Constitution shall be as effective as the Constitution itself. Art. 55. The Provisional Constitution may be amended by the assent of two thirds of the members of the Advisory Council or upoTi the application of the Provisional President, and being passed by over three fourths of the quorum of the Council consisting of over four fifths of the total number of its members. Art. 56. The present Provisional Constitution shall take effect on the date of its promulgation and the fundamental articles for the organization of the provisional government shall cease to be effec- tive on the same date. Cz^ /S COSTA RICA. The State of Costa Rica was not established as an independent republic until 21 January 1847, nine years after the dissolution of the Central American Confederation. Its Constitution as a federal State, Avhich dated from 2 Januar}^ 1825, then gave way to a new Constitution,^ which underwent a reform on 22 November 1848.- From 1848 to 1859 Costa Rica attained to a remarkable degree of prosperity. New Constitutions were established 26 December 1859,^ 18 February 1869* and 7 December 1871.'' the last of which was amended several times*' and was in force actually or nominall}^ until the Constitution of 8 June 1917 was promulgated.' CONSTITUTION OF 8 JUNE 191 7.« [Preamble.] We, the representatives of the people of Costa Rica, having legiti- mately assembled to revise the political Constitution and to proceed to the total reformation thereof, in order to secure upon solid bases the connnon welfare and the benefits of liberty, and of a government adapted to the general necessities and conveniences, decree and sanc- tion the following'^political Constitution. Chapter I. — The Republic and the Government in General. Article 1. Costa Rica is and shall remain a free and independent Republic. It may, however, form a single political unit with one, several, or all of the other Republics of Central America. ' English translation in British and Foreign State Papers, 35 : pp. 44-73. 2 English translation in British and Foreign State Papers, 37 : pp. 777-793. ' English translation in British and Foreign State Papers, 50 : pp. 1092-1111. ■• English translation in British and Foreign State Papers, 59 : pp. 216-235. •'•English translation of Constitution of 7 December 1871 in British and Foreign State Papers, G3 : pp. 294-313. Spanish text of Constitution of 1871 with amenclments to 1905 in P.\UL Po.sexer, Die Staatsrrrfassiingen des Erdballs (Charlottenburg, 1909). pp. 109(3-1 11 •"') : the same with English translation in parallel columns in .T. I. Rodriciez, American Constitutions, vol. i (Washington, 1906). pp. .S26-357. « English translations of the amendments of 26 April 1882 and 12 May 1897 are in British and Foreign State Papers, 73 : pp. 608-609, and 89 : p. 1129, respectively. ' This introductory paragraph is based upon F. R. Dare.ste et P. D.vre.ste, Les Con- stitutions modernes (3d edition, Paris, 1910), vol. ii^ pp. 566-567. * Translated by Antonio M. Opis.so from the official Spanish text as printed in La Gaccta of 13 June 1917. Ill 112 COISrSTITUTIONS OF THE STATES AT WAR. The treaties of union which may be concluded for this purpose shall be submitted to Congress at the next ordinary session; should Congress approve said treaties by a vote of two thirds of the members present, it shall issue a call to the towns of the Republic to elect a Constituent Assembly for the sole purpose of ratifying or rejecting them. Should the Assemblj'^ ratify said treaties by a vote of three fourths of the total number of its members, they shall become final and bind- ing on the Republic. In this event it belongs to the Assembly to dic- tate the necessary laws for executing and carrying out said treaties. Art. 2. The sovereignty resides essentially and exclusively in the nation, from whom public powers emanate, which powers are limited and must be exercised in accordance with the provisions of this Con- stitution. Art. 3. No public authority shall validly enter into compacts, agreements, or treaties which may jeopardize the sovereignty and in- dependence of the Republic. Whoever is guilty of this attempt shall be held as a traitor. '^ The foregoing provision shall not prevent public treaties from being concluded and approved for a political union as provided for in Ar- ticle 1 ; nor treaties to modify the boundaries of the national territory ; nor those providing for the construction of any inter-oceanic canal which may affect the sovereigntj^ over a part of the territory; nor treaties for the alienation of any island belonging to the State, situ- ated at a distance of over one hundred miles from the coast. In order that the treaties which may be concluded for any of the last three mentioned purposes may become valid, they shall be sub- mitted to Congress at two different terms of session, whether ordi- nary or extraordinary, with an interval of two months at least be- tween each term, and must be approved by a vote of three fourths of the total number of its members. Railways and tramways belonging to the State and devoted to the public service can not be alienated. Neither can they be leased out unless a law should provide so in each case by a vote of two thirds of the respective chamber. Art. 4. The government of the Republic is popular, representative, alternative and responsible. It shall be vested in three different powers independent of each other, to be known as the legislative, the executive and the judicial powers. The legislative power shall never grant omnimodous powers to the executive, or delegate to it the power to legislate ; nor shall the legis- lative or the executive power in any case exercise judicial functions (except as provided for in the case of the Senate sitting as a court for political trials), nor take jurisdiction on pending cases or ask for COSTA RICA. 113 these to be l)i-()nght before them ad efectum videndi, nor cause the reopening of finished cases. Art. o. The territory of the Republic, which is situated between the Atlantic and Pacific Oceans, is bounded on the northwest by the Re- public of Nicaragua, from which it is separated by the line estab- lished in the Treaty of Cailas-Jerez of 15 April 1858, and by Cleve- land's AAvard of 22 March 1888. It is bounded on the southeast by the Republic of Panama, from which it is separated by the line estab- .lished by Loubet's Award of 11 September 1900, the Anderson-Porras Treaty of 17 March 1910 and by White's Award of 12 September 1914. Art. 6. No one shall assume the title of sovereign, and whoever should do so shall be prosecuted in accordance with the Penal Code. No authority shall assume powers not granted to it by law. Public officials are not owners, but mere depositories of authority. They are subject to the laws; they shall never be considered or held as superior to them, and they are directly and immediately responsible for the acts the}^ may execute in the exercise of their functions. The action to accuse them shall be popular. No venal employments are recognized. Art. 7. All orders emanating from the legislative or executive powers which are contrary to the Constitution shall be null and void and without effect, whatever be the form in which they may Ije issued. Courts of justice shall not obey or apply them in any case. All acts of those usurping public powers, and all employments given without the reciuirements demanded by the Constitution, or in default thereof. Avithout the requirements provided by law, shall also be null and void. Art. 8. The Roman Catholic Apostolic religion is the religion of the State. The State shall contribute to its support without thereb}^ pre- venting the free exercise of any other form of worship which does not oppose universal morals or good customs. The declaration referred to in this article does not affect existing legislation, nor hinder in any way the freedom of action of public powers in regard to any national interests. Art. 9. Primary education shall be obligatory and gratuitous. The State shall take charge of the public primary schools as well as of normal schools. Primary schools which are supported by private individuals shall be under the supervision of the government. The State shall maintain the institutions for secondary education now in existence, and has the power to create other centers of the same character and to contribute to their support and to that of pro- fessional schools which may be established either by public or private initiative. It has likewise the power to reestablish the University. 114 CONSTITUTIONS OF THE STATES AT WAE. All Costa Ricans or foreigners are free to give or receive the instruction which they may deem convenient in those establishments which are not supported by public funds. Art. 10. It is the duty of the State to look after the welfare of the working classes, and for this purpose it shall enact all necessary laws; in default of social initiative it shall promote, and in all cases it shall support to the extent of its resources, such institutions as may have for their object to harmonize, on the basis of justice, the relations between patrons and workmen, and those which tend to meliorate the financial status of the latter and to assist them in case' of illness, old age or accident, cessation of work or other misfortunes independent of their will. Art. 11. Every public official shall take an oath in accordance with the following formula : Do you swear before God, and do you promise to your country to observe and defend the Constitution and tlae laws of tlie Republic, and to faithfully fulfill the duties of your office? I do. If you do so, may God help you ; if not, may He and the country demand it from you. Art. 12. The military force is subordinated to the civil power; it is essentially passive and must never deliberate. Chapter II. — Individual Guarantees. Art. 13. All men are equal before the law. The State does not grant nobility titles or hereditary prerogatives or honors, nor does it recognize those granted by another nation. It does not admit in any form the institution of slavery. The slave who arrives at Costa Eican territory shall, by that very fact,, be held and treated as a free man. Art. 14. No law shall be given retroactive effect to the prejudice of any person or of his vested rights. Art. 15. The right of property is inviolable, and no one shall be deprived of his property except by virtue of a judicial decree, and for reasons of public utility judicially declared, and after payment of the actual value of both the property and the resulting damages which may be proved, all as appraised by experts. In case of war or of internal disturbances, and only for the pur- pose of attending to the national defense or to the restoration of public order, the administrative authority shall declare the need of expropriation without previous indemnity. In this event real prop- erty shall be temporarily occupied only for military purposes or to devote the proceeds thereof to the needs of the army. The State is always liable for the expropriations, which the executive ma}^ make, either by himself or through his agents. COSTA RICA. 115 No law shall provide that private property shall become the prop- erty of the State in case that the owner thereof should have given it an inexact value for the purpose of taxation, and that the State, either by itself or through a third party, may offer to take it for the appraised value and a premium. Mines may be claimed even on private land, but they shall not be worked or adjudicated without previous payment to the owner of the surface for the value of the land to be occupied and the damages resulting therefrom, as the authorities may order and experts may appraise. Art. 16. No one shall be prevented from engaging in any profes- sion, industry, commerce or work he may desire, provided they are lawful. This right shall only be restricted by a judicial decree when- ever the rights of a third party are impaired or by an administrative order issued in accordance with the law, whenever the public security or health or the interests of the nation demand it. The law shall determine what professions require a degree and what conditions must be fulfilled in order to obtain said degree. Foreigners may engage in the liberal professions provided Costa Ricans enjoy the same rights in their respective countries. Art. it. No» person shall be imprisoned for debts of purely civil character. Art. 18. Private actions which do not affect public order or morals or Avhich do not result to the injury of a third party are beyond the pale of law\ Art. 19. No one shall be molested or prosecuted for any act which does not violate the law, nor for any written or spoken statement of his political opinions. Nevertheless, neither clergymen nor lay- men shall in any manner make political propaganda invoking motives of religion or making use, as a means for such propaganda, of the religious beliefs of the people. Art. 20. No one shall do justice by himself, or execute any acts of violence to enforce his rights. The power to judge civil and criminal cases belongs exclusively to the tribunals of justice. Art. 21. All Costa Ricans or foreigners must apply to law to seek redress for the injuries or damages which they may have suffered in their person, property, or honor. Prompt and full justice must be dealt in strict conformity with the laws. Courts of justice shall not be excused from exercising their author- ity on the ground of lack of legal provision, which may settle the litigation or conclude the case submitted to their decision. If there is no law applicable, they shall apply the general principles of law and of eternal justice. 116 CONSTITUTIONS OF THE STATES AT WAR. Art. 22. All Costa Eicans or foreigners have the right to terminate their civil suits by means of arbiters before or after having started legal proceedings. Art. 23. The same judge shall not sit in different stages {instan- cias) in the same case. Art. 24. No penalty shall be imposed which has not been provided previously for the crime or misdemeanor of which one may be guilty. All penalties are personal. No torture, infamous penalties or con- fiscation of property shall be imposed. The latter provision does not prevent confiscation of the instruments or objects used in the com- mission of the crime. ^°^Art. 25. No one shall be tried by a specially appointed commission, court or judge, except by the court designated and previously estab- lished by law. Only those who are guilty of the crime of sedition and rebellion and the members of the army who are in active service shall be sub- ject to military jurisdiction for crimes of any kind which they may commit. Those armed bodies, which, according to the law, are mili- tarily regulated are to be considered as military bodies. Ordinary courts shall take cognizance of appeals and writs of error which may be taken or brought in military cases. Apy judgment or order dismissing a case can always be taken up in consultation. Art. 26. No one shall be compelled to testify against himself in a criminal case brought against him. Nor shall his spouse, descend- ants, ascendants, brothers by blood or affinity be compelled to testify against the accused. Art. 27. No penalty shall be imposed without the accused having been heard and convicted by a court, and until the judgment ren- dered by a competent judge or authority imposing such penalty has become final. Physical constraint in civil matters is excepted. Art. 28. Criminal procedure laws must secure in an efficient manner the right of defense of the accused, and consequently, the right to have his plea heard, to have his proofs admitted and to be defended by the person he may choose, and in default thereof, by a person ap- pointed by the court. Art. 29. Human life is inviolable. Art. 30. No one shall be arrested without information that he has committed an offense and without written order from a judge or authority entrusted with the preservation of public order, except when the accused has been declared a fugitive from justice. A person caught in the act may be arrested without previous order by any person for the sole purpose of bringing him before the compe- tent authoritv. COSTA EICA. 117 No person shall be kept under arrest for more than three days Avithoiit a formal warrant of arrest stating the crime which is im- puted to the person arrested and the place, time and circumstances thereof, and all the facts brought out by the summary investigation. Wardens of prisons shall not receive any one as a prisoner without noting down in the register book the warrant of arrest emanating from the official who has the power to issue it. They may, however, receive as detention prisoners, those who are brought in to be pre- sented to the judge or competent authority, but they are obliged to report to the latter within twenty-four hours. /'Art. 31. Every inhabitant of the Republic is entitled to the writ of habeas corpus. Art. 32. All persons may. in times of peace, enter or leave the Re- jDublic, travel through its territory and change their residence. The exercise of this right of free locomotion is subject to the powers of the authority in cases of criminal, civil or police liability, and to the provisions of the law, in so far as it relates to emigration, immigration and general health or the administrative expulsion of non-desirable foreigners. Art. 33. The dwelling of the inhabitants of the Republic is an in- violable asylum which shall only be entered in the special cases des- ignated by law^, and by virtue of an order emanating from the proper authority. Art. 34. Postal and telegraphic correspondence is inviolable. Private letters and papers shall only be intercepted, taken or reg- istered by public officials through an order emanating from the proper authority in such cases and under such formalities as are es- tablished by law, and for the sole purpose of procuring legal evidence to be presented iii criminal cases which are not of a political nature. Papers or private letters which are procured b}- any other means shall not constitute valid proof. Art. 35. Any one may communicate his thoughts by spoken or writ- ten words or through the agency of the press without previous cen- soring, but shall be liable for any offense committed in the exercise of this right in such cases and manner as the law may provide. Art. 36. All the inhabitants of the Republic have the right to as- semble peacefully and without arms, for the purpose of engaging in private business or to discuss political matters, and examine the pub- lic conduct of government officials. In order to assemble in the streets, squares, and other public places, it shall be necessary to give notice to the political authorities of the place, for the puropse of pre- serving order. Art. 37. The right of petition may be exercised individually or collectively. But no person or number of persons may take up the 118 COIsrSTITUTIONS OF THE STATES AT WAR. representation of the people, assume its rights, or make petitions on its behalf. Any one doing so shall be guilty of sedition. Art. 38. The individual guarantees set forth in the six foregoing articles shall be suspended when the Republic is in imminent peril, either by foreign aggression or by internal upheaval. The suspension shall extend to all these guarantees or to one or more of them, either throughout the whole territory of the Republic or only in a part thereof, and shall last not more than thirty days. The suspension shall be decreed by Congress at the request of the executive, by two thirds of the votes of the members present. The executive shall, in regard to persons, only order their detention, in a place not set apart for common culprits, or decree their confine- ment in inhabited and healthy places. In no case shall the executive torment or vex them. He shall report to Congress at its next session all measures taken to preserve public order or maintain the security of the State. These measures shall cease immediately after the guar- antees are restored. During the recess of Conerress, the executive shall, in the Council of Ministers, decree this suspension under the terms and with the limitations aforesaid, and shall immediately report to the legislative power. The decree of suspension in the latter case shall amount to a call to Congress to convene at twelve o'clock on the day following that in which the order has been published. Should Congress not confirm this measure by a vote of two thirds of the members present, the guarantees shall be considered reestablished. Chapter III. — Nationality and Citizenship. Art. 39. The following are Costa Ricans, by birth or origin : 1. The legitimate children of a Costa Rican father, and the ille- gitimate children of a Costa Rican mother, wherever they may be born. 2. The illegitimate children of a foreign mother, born in Costa Rica, and under 21 years of age, acknowledged by a Costa Rican father with the consent of the mother. 3. A child born or found in Costa Rican territory whose parents or nationality are unknown. 4. The legitimate children of a foreign father and the illegiti- mate children of a foreign mother born in Costa Rica, who, by their own will, register in the civil registry after reaching the age of 21 years, or before reaching this age, with the consent of their father or mother. 5. The inhabitants of the Republic who have acquired the Costa Rican nationality of origin in accordance with former laws, and who have not lost this nationality afterwards in accordance with the law. COSTA RICA. 119 Art. 40. The following are naturalized Costa Ricans : 1. Costa Ricans who, after having lost their nationality, recover it in accordance with the law, '2. Foreigners who heretofore should have acquired the status of naturalized Costa Ricans in accordance with the law, and have not lost it. 8. A foreign woman who marries a Costa Rican. She shall retain her status even if she becomes a widow. ' ^4. Foreigners of good conduct and with known business and means of living, who after having resided five years in the country should obtain naturalization papers in accordance with the law. The period of residence shall be reduced to one year for natives of any of the Republics of Central America. 5. Foreigners who render or have rendered important services to the State, or who are people of great ability or of great scientific or artistic culture, or who bring with themselves interesting inven- tions or open great establishments of positive benefit to the country' shall obtain from the executive power the Costa Rican nationality, after having resided one yeiw in Costa Rica. Naturalization of a foreigner carries with it that of his wife and minor children under 21 years. The latter may, however, on reach- ing their twenty-first year, choose the nationality of origin. Art. 11. The following lose their Costa Rican nationality : 1. Costa Ricans who become naturalized in a foreign country. 2. Those who, without the consent of the government, accept titles or decorations conferred by a foreign government, unless said titles are literary or scientific, in which case they may be freely ac- cepted. 3. Those who, without special permission from the government, enter the military service of a foreign nation or enlist in a foreign military body. 4. The illegitimate child of a Costa Rican mother, on being ac- knowledged, with her consent, by his foreign father, provided that by the law of the respective country said child acquires that na- tionality. 5. Any Costa Rican woman who marries a foreigner. She shall preserve her foreign nationality unless, according to the law of her husband's country she does not acquire the latter's nationality, since in such case she shall continue to be a Costa Rican. 6. He who in any manner and for any reason asks for or pro- vokes the intervention of any foreign Power against the Republic, or takes refuge in a legation or in a warship of a foreign nation or in any other place protected by the privilege of extraterritoriality, in order to elude the national laws or authorities. Costa Ricans who 120 CONSTITUTION'S OF THE STATES AT WAR. lose their nationality by the first of the causes enumerated in this paragraph can never recover it. Art. 42. No citizen or subject of a nation with which Costa Rica may be at war, nor those who have been declared in other countries to be pirates, slave traders, guilty of incendiarism, counterfeiters of coin, of bank notes, of Treasury notes or of other documents of ]3ub- lic credit, murderers, plagiarists or robbers, shall be granted Costa Eican nationality. --Art. 43. The naturalization of a foreigner shall become void by residence in his country of origin for two consecutive years, unless he resides therein in the discharge of an official commission of the Costa Rican government or with the permission of the latter. Art. 44. The law shall determine the means and the manner by which Costa Rican nationality may be recovered. Art. 45. The following are the duties of Costa Ricans : to obey the Constitution and the la^vs, to serve and defend the country and to contribute to the public expenses. They are furthermore obliged to cause their children or wards to attend public or private schools in order to obtain primary elementary education, during the time which the law may designate. Art. 46. Costa Rican citizens are all male persons who, besides having the status of Costa Ricans have the following requisites: 1. To have reached the age of 21 years, or of 20 years if they have a professional title recognized by the State'. 2. To own some propert}^ or to have some honest trade, the pro- ceeds or profits of which mRj be sufficient to support them in relation to their social standing. 3. To be registered in the civil registry of the district where they are domiciled. 4. Beginning from 1 January 1927, in order to be a Costa Rican citizen, it shall be required furthermore to know how to read and write, or to have registered property to the value, at least, of 500 colons, or to be over 50 years of age. Art. 47. Citizenship is lost together with Costa Rican nationality. The exercise of citizens rights may be suspended, lost and recovered for the causes designated by law. Art. 48. Those who have lost their citizenship, except in case of treason to the country, may have their rights restored by the execu- tive, w^hen a petition for this grace is legally founded. Art. 49. Foreigners enjoy in the territory of the nation the same civil rights as the citizens, and they may exercise them as the na- tionals. They are under obligation to contribute to the public expenses in the manner provided by law, but not to pay extraordinary obligatory taxes. COSTA KICA. 121 They are exempt from military duty. Those who are domiciled in the coimtry are obliged, however, to do police duty in abnormal cases, when the security of the property or the preservation of order in the same town where they live so,' demand it, subject to the exceptions in regard to this provision stipidated in the treaties which Costa Rica may have concluded with the respective countries. Foreigners must obey and respect the institutions, laws and au- thorities of the country, and submit themselves to the findings and judgments of the courts, without making use of any other recourses than those granted to citizens by the laws. They do not enjoy political rights and must, on the contrary, refrain from participating in any manner in the political matters of the country. Notwithstanding the aforesaid provisions, the government iiiay expel, in accordance with the laAV, any foreigner whose permanent residence in the country may be deemed inadvisable. Chapter IV. — Suffrage. Art. 50. Suffrage is an essentially political function and belongs exclusively to the citizens in the exercise of their rights; the act of Aoting, being personal, may only be executed by a citizen who has himself the right to do so. Art. 51. Direct suffrage shall be exercised : 1. By citizens domiciled in each district, to elect a municipal syndic and substitute. 2. By citizens domiciled in each district, to elect an intendant and municipal alderman as well as their respective substitutes. 8. By citizens domiciled in each province, to elect deputies and senators and their substitutes. The election which embraces three or more functionaries of the same kind shall be made by the system of proportional representa- tion. Art. 52. Popular elections shall be held on the first Sunday in March, every three years, beginning from 1922 inclusive. At these elections one half of the senators, one half of the deputies and one half of the aldermen, as Avell as the municipal syndics and in- tendants, shall be elected. Art. 53. To exercise the right to vote it is required that the citizen be provided with a personal certificate which shall be given to him free of cost. On casting his vote it must be noted in this cer- tificate that the citizen to whom it belongs has already voted in the corresponding election. Art, 54. No authority shall arrest any citizen or elector during the hours of voting, except in case of flagrante delicto. Nor shall he be required to render military service. 88381—19 9 122 CONSTITUTIONS OF THE STATES AT WAE. The public official, who shall dictate or attempt to dictate to his -subordinates or to any voter the manner in which he is to vote, shall lose his position and his rights as citizen and shall be punished according to law. "^ No military forces shall be located at the polls or near them. Only the president of the board shall have the right to arrange for the police service in the voting precinct and its immediate surround- ings, for the maintenance of order. Art. 55. The election of deputies, senators, municipal officers, intendants, vice-intendants and syndics shall be made by direct vote in accordance with the system in force. The election of Presi- dent and Vice-President of the Republic shall be made by a secret ballot by an electoral college composed of the deputies and sena- tors both sitting and substitutes, of the sitting aldermen of all the municipalities of the Republic and of all those persons who have occupied for a period not less than six months, the office of President of the Republic, Secretary or Under-Secretary of State, deputy, sen- ator, or justice. The election of justices of the Supreme Court of Justice shall be made by the Senate, choosing from among the lists of three candi- dates which the Chamber of Deputies and the executive power shall each present. There shall be a quorum for election if three fourths of the members of the college meet; and the person receiving the absolute majority of the votes present shall be considered elected. The president of the Senate shall preside over these electoral acts; in his absence, the president of the Chamber of Deputies, and in the absence of both, the senior senator present. If, after two ballots, no one should be elected and more than three candidates should have been voted for, the president shall order a new balloting with the understanding that, if on this third ballot an abso- lute majority in favor of a candidate is not obtained, the balloting shall be continued, limited only to the three candidates who have obtained the greatest number of votes, and thus the election shall proceed for two consecutive 'times. For this purpose, and if by rea- son of a tie, it should be impossible to determine who are the three candidates with the highest number of votes, the necessary name or names shall be eliminated by lot in order to leave only three candi- dates on whom the election shall proceed. If after two ballots limited to three specified names no election should have been made, the president shall order a new voting turn with the understanding that if an absolute majority does not result in favor of one of the candidates, the voting shall continue only as to the tAvo highest candidates. Should it be impossible to determine COSTA BIG A. 123 who are the two candidates obtaining the greatest number of votes, either for the reason that all three of them are tied, or because two of them have the same number of votes, one of the names of the three candidates in the first case, and of the two candidates tied in the second case, shall be eliminated by lot. In the event that the voting being proceeded with only on specified candidates as provided for in the foregoing paragraphs, there should appear on a ballot an absolute majority in favor of a different candi- date, the college shall declare elected the one who under such condi- tions obtained said majority. But if such majority should not appear, the president shall require the voters to proceed to vote exclusively betAveen the two or three names which are being discussed, and shall apply to the candidate obtaining the greater number of votes those votes given to candidates not authorized, as well as blank ballots. After the balloting has been limited to two names, the college shall continue in permanent session until one of them is elected. After the election of the President has been completed, the election of the Vice-President shall be proceeded with without delay in accord- ance with the same principles heretofore explained. Art. 56. The election of the President and of the Vice-President shall take place on the first Sunday in April of the year in which the presidential term expires. The college shall convene for that pur- 230se at the capital of the Republic, even without previous convoca- tion. Should there be no quorum on that day, the election shall be postponed to the following day. At this second meeting one half of the members of the college shall be sufficient to constitute a quorum. Should no quorum be present at that second meeting, the president shall order that the election be proceeded with on the following day with any number of persons present. Art. 57. The members of the electoral college shall enjoy im- munity from fifteen days before that on which the election of the President is to take place, and while said election has not been ter- minated, except in cases of fagranfe delicto. i^RT. 58. A special law shall regulate the elections upon the bases hereinbefore outlined so as to secure liberty and the order in the voting. Chapter V. — The Legislative Power. Art. 59. The legislative power shall be vested in a Congress com- posed of two chambers, one of senators, and the other of deputies, Avhose members, in both, are elected directly by the citizens, and may be reelected indefinitely. Each province shall be considered for this purpose as an electoral district, and shall elect a sitting deputy for every 15,000 inhabitants 124 .CONSTITUTIONS OF THE STATES AT WAK. or fraction thereof over 7,500; one substitute deputy for every three and fraction of three sitting deputies, and a substitute senator for every three or remainder of three sitting senators corresponding to it. Even if the number of deputies and senators of a province does not reach the number of three, a substitute shall always be elected. In order to determine the number of sitting deputies, attention shall be paid to the result of the last oflficial census, and the most recent figures given out by the Department of National Statistics, correcting or enlarging the census. There shall be no elections by reason of the increase in population except every ten years. Senators and deputies, although elected by provinces, represent the whole nation, and they must consult only justice and the common welfare. They can not compromise their votes prematurely. Deputies and senators shall, upon assuming office, take the consti- tutional oath. The President shall take his oath before the Chamber, and the deputies and senators before the president of the respec- tive chamber. Art. 60. To be a deputy or a senator the follo^ving requisities must be filled : 1.* To be a citizen in the exercise of his rights. 2. To be a native of the Republic, or naturalized therein, and have resided ten years after having obtained naturalization papers. 3. To loiow how to read and write. 4. To be the owner of property of a value of not less than 3,000 colons, or to have a professional degree recognized by the State, or an annual income of 1,200 colons, at least. To be a deputy it shall be also necessar}^ to be over 25 years of age, and to be senator, over 40 years of age. Art. 61. The following may not be elected deputies or senators : 1. The President of the Republic or any one who exercises the executive powder at the time of election. 2. The ministers of State. 3. The justices of the Supreme Court of Justice. 4. Those who exercise jurisdiction or authority over the whole province making the election. No one can hold the office of deputy and senator at the same time. Should the same person be elected for both offices, the election for senator shall prevail. Should the same citizen be elected deputy or senator of two or more provinces, he shall represent the province which he may choose. A deputy may be elected senator, but a senator shall not be elected deputy. ^-Art. 62. Deputies and senators shall hold office for a period of six years. COSTA RICA. 125 The members of each one of the chambers shall be renewed by halves every three years. The first renewal shall be made by lot in 1922. Whenever the exact one half can not be renewed because the num- ber of sitting or substitute deputies or senators is odd, the half of the inferior even number shall first be renewed, and the renewal of the odd senator or deputy shall be left for the following term. • Art. 63. In order to fill up the temporary or absolute vacancy of a sitting deputy, the substitutes of the respective provinces shall be called in the order of their appointment, appearing in the act cor- responding to the election of the person whom they are to replace. Should there be no substitute at that time, those elected in the other three-year period shall be called in the same order. This principle shall also be observed when the vacancy of a senator is to be filled. In none of the foregoing cases shall the fact of calling a substitute to replace a sitting member imply that his term of office shall exceed the period of six years. Whenever the number of substitutes is exhausted, the respective chamber may order that new substitutes be elected at the next renewal election. Art. 64. The office of deputy or senator, either sitting or sub- stitute, is incompatible with that of alderman or municipal em- ployee, or with any other salaried public office, function or commission of the same character. As an exception, however, the office of professor in any school supported or subsidized by the State shall not be incompatible, if the appointment is made by the board of dire;^ctors of the school. No sitting deputy or senator or substitute who is discharging the duties of the sitting member, may, during ordinary or extraordinary sessions, accept from the executive any salaried commission or any employment dependent upon, or b}' appointment of the executive, except the office of minister of State, or chief of a diplomatic mission. Whenever the chambers are not in session the deputy or senator may accept employment by appointment of, or dependent upon the executive power. Both during sessions and in recess, a deputy or senator may freely accept judicial offices. But in any case in which he should accept employment or office from any other branch of the government in the foregoing terms, he shall lose his seat in the chamber, except when he is appointed head of a diplomatic mission. Art. 65. No deputy or senator, either sitting or substitute, shall enter, directly or -indirectly, into' any contract with the public ad- ministration by virtue of which he may enjoy some privilege or 126 CONSTITUTION'S OF THE STATES AT WAR. concession. Nor shall it be lawful for him to receive any amount from the public Treasury, except that allotted to the office which he discharges, and in its proper case, the value of the contracts w^hich are published in the Diario Oflcial^ or of services, the payment of which is ordered in the same public manner. A deputy or senator violating this prohibition shall ipso facto lose his seat in the cham- ber, and must return the sums unlawfully received. Art. 66. Deputies and senators are immune for the opinions which they may express, or the votes they may give in the discharge of their duties. During the sessions their property shall not be attached to further legal civil proceedings except upon the deputy's or senator's own consent. They shall not be accused, prosecuted or arrested from the time they are declared elected either as sitting or as substitute members until the expiration of their legal term of office, except in cases of ■flagrante delicto, and unless the Chamber of Deputies previously authorizes the accusation, and declares that there is cause for an action against them. A deputy or senator who is arrested in flagrante delicto shall be placed immediately at the disposal of the Chamber of Deputies, with a summary record of the case, so that he may be suspended from his legislative duties and be delivered to the proper judge or be set free, as the case may be. Should the chambers not be in session, the deputy or senator shall be set free, upon furnishing bond of from one to five thousand colons, according to the importance of the offense. . Art. 67. The legislative chambers shall meet every ^^ear on 1- May, without need of ]3revious convocation. The ordinary sessions shall last until 31 July inclusive. They shall convene in extraordinary session whenever, by reason of high national interests they are convoked by the executive power, and they must also convene in the case provided for in Article 38. If, on 1 Ma3^ Congress should be assembled in extraordinary session, the latter shall cease, and it shall continue to consider in ordinary session the business for which it should have been convoked. Art. 68. The Senate and the Chamber of Deputies shall open their ordinary and extraordinary sessions at the same time. The Senate, however, may meet without the presence of the Cham- ber of Deputies for the exercise of the powers given to it in the first paragraph of Article Y8./' If, after the expiration of the ordinary period, there should remain some accusations pending against the officials designated in Article 77, the Chamber of Deputies shall continue its sessions without the COSTA RICA. 127 presence of the Senate for the exclusive purpose of decUiring whether or not the charges shall be filed. Neither of the chambers, while working simultaneously, ghall, without the consent of the other, suspend its sessions for more than three da^s. Art. 69. The chambers shall not open their sessions nor exercise their legal functions without the concurrence of two thirds of their members. When, upon the arrival of the day appointed to open their sessions, they can not do so, or in case that, after the sessions have been opened, they can not continue on account of a lack of quorum, the members present, Avhatever be their number, shall exert pressure on the absent members in accordance with their respective regulations. The sessions of the chambers shall be public, except when for reasons of general convenience, it is agreed to consider some special matter in secret session. Art. 70. The seat of Congress shall be in the capital of the Republic. Notwithstanding, it may move to another place if so decided bj'^ two thirds of the votes. In case of disturbance of the public order, the chambers shall meet at the place designated by the president of the Senate. Any meeting of tlie members of Congress whicli takes place outside of the constitutional requirements, for the purpose of exercis- ing the legislative power, shall be illegal, and all acts executed in that manner shall be considered null and void. The persons who take part in those deliberations shall be punished according to law. Art. 71. Each chamber shall draw up its own convenient regula- tions for the order and direction of its work and for all matters pertaining to its internal policing. The regulations shall not contain any provision contrary to the Constitution; and once adopted they shall not be modified unless upon compliance with the procedure required for all laws, excepting the sanction of the executive. In accordance with its regulations, it may correct its members and impose on them correctional penalties including the forfeiture of their salary and suspension up to the period of eight days. Art. 72. Each chamber shall pass upon the credentials of its members, and shall accept the resignations which the latter may present, if the reasons given are just. It shall elect yearly its board of directors. The president must possess the qualifications required for the office of President of the Republic. In case of absolute vacancy of one of the members of the board of directors, the respective chamber shall designate a sub- stitute to fill liis place for tlie remainder of the 3^ear. 128 CONSTITUTIONS OF THE STATES AT WAR. Art. 73. The regulations of each chamber or of Congress in joint session, shall be passed by an absolute majority of the votes present, unless the Constitution requires a superior number. For the latter case, and for any other case wherein an absolute majorit}^ is required, this majority shall be constituted b}^ one half plus one, if the total number is even ; should this number be odd, a unit shall be added, and one half of the resulting number shall con- stitute the absolute majority. In order to fix, in the proper case, the two thirds or the threw fourths, the exact arithmetical calculation shall be made. Should the result be a whole number and a fraction, the majority shall be formed by adding a complete unit instead of a fraction to the whole number of the arithmetical result. The presidents of the chambers shall vote only in case of a tie. Art. 74. Each chamber, and Congress in the proper case, may call for the ministers of State to give the explanations and infor- mation which it may be convenient to demand from them. Art. 75. It is forbidden to Congress and to each one of its chambers : 1. To address any exhortative communication to public officials. 2. To interfere, either through resolutions or laws, in matters which are of the exclusive competence of the other powers. 3. To pass resolutions lauding or disapproving official acts. 4. To demand from the government information on the instruc- tions given to the diplomatic ministers, or a report on negotiations of a secret nature. 5. To delegate in one or several of its members the powers con- ferred upon it by this Constitution. Art. 76. Congi-ess shall meet as a single bod}^ to exercise the fol- lowing powers, which are within its exclusive jurisdiction: 1. To install the President and Vice-President of the Republic, and the justices of the Supreme Court, except in the case provided for in Article 96. 2. To decide upon the resignations or the excuses which may be presented by said officials. 3. To decide upon any doubts which may arise in regard to the incapacity of the President, according to Article 91. 4. To approve or disapprove the treaties and public agreements which the executive power may conclude. 5. To decide upon a declaration of war at the request of the executive power, or to demand from him in clue time the opening up of negotiations for peace. 6. To decide whether or not the sessions are to be removed to an- other place, and to designate such place. COSTA RICA. 129 7. To give or refuse its consent to the entry of foreign troops into r.iitional territory, or the stationing of fleets in its ports. S. To suspend the individual guarantees, and to take cognizance of the suspension decreed by the executive power in the case pro- vided for in Article .38. 0. To deliberate upon the revision of the Constitution as ex- plained in Article 124. ■ 10, To approve or disapprove the laws which may determine, de- clare or order direct or indirect taxes. In these cases, the president of the Senate and that of the Chamber of Deputies shall act as president and vice-president of Congress respectively. Akt. 77. The following are the attributions of the Chamber of Deputies : 1. To enact, interpret, modify and repeal the laws which it may dictate. 2. To authorize the municipalities, either l)y a general or a special hnv. to establish local taxes or imposts, fixing specifically in the law what property may be taxed, and the maximum to be reached in each case; to arrange for the manner in which the municipal budget is to be formed and liquidated, and to designate the powers of the municipalities, which may be more extensive for the senatorial districts of the provinces; and in general, to publish municipal ordinances in accordance with bases laid down in this Constitution. 3. To fix in each legislative period the budget of expenditures of the public administration for the ensuing year, and Avherever neces- sary, the budget for extraordinary expenditures. In the budget law shall be stated the amount of the floating debt which may be created during the fiscal year: and the executive may within that limit carry out any credit transaction. He may also do so in order to cover the expenditures authorized, in case the revenues are not suf- ficient for that purpose. In other cases, a legislative authorization shall be necessary to pledge the national credit; this principle, how- ever, shall not impair the rights of third parties acting in good faith. 4. To fix at each legislative period the maximum limit of the armed forces which may be placed on duty in times of peace, as well as the increase which the executive may decree in case of foreign war. or of armed insurrection. / 5. To create new districts upon the fulfillment of the condition required in Article 116, and to point out their limits and the limits of the provinces. 130 CONSTITUTIONS OF THE STATES AT WAR. 6. To decree the alienation of the property of the nation, or the application thereof for public uses. T. To specially empower the executive to negotiate loans or to enter into other contracts upon mortgage security of the national revenue. The contracts which may be approved by the chambers without alteration shall not be vetoed by the executive, but they shall be so vetoed if they are amended. The amendments introduced by Con- gress shall be subject to acceptance by the interested party. 8. To fix the alloAv, weight and standard and denomination of the coin, and to arrange for a system of weights and measures as well as to enact the laws which must regulate banking institutions of all kinds. 9. To confer military degrees from colonel upwards. 10. To grant personal and honorary prizes to those who have ren- dered great and important services to the Republic, and to decree memorial honors. 11. To examine the annual reports of the ministers of State, and the general account of the expenses of the Treasury. The latter shall first be examined by a committee of two of its members selected one by each chamber ; said chamber may demand from the proper party all kinds of explanations and vouchers. 12. To promote whatever may form the prosperity of the State^ to care especially for the health and hygiene of the towns, and to en- courage the study of science, arts and trades as well as immigration, agriculture, industry and commerce. 13. To take jurisdiction on the accusations which may be brought against the President of the Republic or the person acting as such, against the deputies, senators, justices of the Supreme Court of Justice, or ministers of State, for common offenses committed by them; and to declare by a two-thirds vote whether or not there is ground to institute proceedings against them. In the affirmative case, it shall suspend the accused official and shall place him at the disposal of the Supreme Court of Justice for trial. 14. To take cognizance of the accusations which may be filed against the aforesaid officials for offenses involving liability, com- mitted during the exercise of their duties, and likewise to declare whether or not there is ground to institute proceedings against them. In the affirmative case, to place the accused official at the disposal of the Senate for trial. 15. To take cognizance of the accusations which may be filed within the legal term against the Ex-President of the "Republic or the person who has acted as such, or against the ministers of State, for offenses involving political or official liability, in accordance with COSTA RICA. 131 Article 102, and likewise to declare whether or not there is ground to institute proceedings against them. In the affirmative case, it shall place the accused official at the disposal of the Senate for trial. 16. All the other powers enumerated in this Constitution. Art. 78. The following are the attributions of the Senate: 1. To judge the functionaries enumerated in the foregoing article whenever they are accused by the Chamber of Deputies of offenses involving political or official liability. Two thirds of the votes shall be necessary to declare the accused guilty. No penalty shall be im- posed by the Senate other than dismissal from office, temporary or absolute deprivation of political rights, or inability to hold public office. This provision shall not prevent ordinary courts of justice from enforcing against them any other civil or criminal liability which they might have incurred. 2. To pass upon the nullity of the elections and the other irregu- larities of the popular suffrage and of the electoral college. 3. To enact and order the publication of the codes lacking, and to decree the amendments of the existing codes. 4. To approve or disapprove the loan contracts which may be entered outside of the country, after the contract has been approved by the Chamber of Deputies. 5. To approve or disapprove the contracts which the government may enter into, when on account of the nature and importance of the subject matter the executive pov^^er or the Chamber of Deputies, at the request of one third of the votes of the members present, considers necessary the sanction of the Senate. 6. To approve or disapprove any bill passed by the Chamber of Deputies, either in the event that the latter should consider it con- venient to refer the bill by the vote of one third of the members present, or that the executive, before sanctioning said bill, should refer it to the Senate for review. <. All the other powers enumerated in other places in this Con- stitution. Art. 79. During the ordinary sessions of Congress the bills shall originate in either of the chambers according to their respective attri- butions, at the proposal of the respective members, or in the executive power through the ministers of State. The Supreme Court of Justice, sitting in bench, shall by a majority of votes, also j^ropose the enactment, amendment, or abrogation of civil, penal, and procedure laws, and of the organic laws of the Courts of Justice; and for this purpose submit to the Senate the respective bill. The bills submitted to the chambers may not be signed by more than two of their members. 132 CONSTITUTIONS OF THE STATES AT WAR. Only the executive power, through the ministers, shall submit bills during the extraordinary sessions provided they refer to matters which are included in the decree of convocation, or in the decree of extension. Art, 80. No bill shall become a law^ unless the following requisites have been fulfilled : 1, To have undergone in the Chamber, or in the latter and in the Senate as the case may be, three different debates on three different days, 2, To have been approved in the Chamber, or in the latter and the Senate, or in Congress, as the case may be, 3, To have obtained the sanction of the executive power, or be within one of the cases in which, according to this Constitution, said sanction may be taken f.or granted, or is not necessary. Art. 81, After the bill has been approved by the Chamber, follow- ing three debates, without any amendment, it shall be sent to the Senate for review in the proper case, or to the executive power for sanction. Should the bill be disapproved in whole in the Chamber, it shall not be presented again until the following legislative period. The chambers have the reciprocal right to propose the amend- ments and alterations which they may deem convenient to the bills under consideration, until they come to a final agreement as to the terms in which said bills are to be drafted when submitted to the approval of the executive. Should both chambers consider it proper, they may meet in joint session, to discuss the points of disagreement; but the voting on the bill shall be made by each chamber separately. Art. 82. Should the executive power also approve the bill passed by one or both chambers, as the case may be, he shall affix thereto the formula, " Let it be executed," and shall cause the same to be pub- lished as a law of the Republic. In the contrary case, and if he does not consider proper that the Senate should revise it, he shall return the bill to the respective chamber. The order of return shall be written at the foot of the bill and signed by the President of the Republic, and by the correspond- ing minister of State, who shall furthermore send a detached state- ment of the reasons on which the executive bases his disapproval, or the changes, suppressions or additions which he desires to be made. In order that a bill be considered objected to by the executive power, it is indispensable that it be returned in the manner specified within the precise term of ten days (exclusive of Sundays and holidays), beginning from that in which the bill has been received by the respec- tive ministry. Should it not be done within that time, the executiA^e shall not refuse his approval or refrain from publishing it. COSTA RICA. 133 If. during the said period of ten days, the chambers should ad- journ, and the executive shoukl veto the bill, said bill must be pub- lished, together with his veto, in the official journal, at the latest, three days after the expiration of the time granted for the veto. Should it not be done, the bill shall be considered as a law of the Republic. Art. 83. After a bill has been vetoed by the executive power within the legal term, it shall again be discussed in three debates in case the bill should have been objected to as a whole, or in two de- bates if the executive should have offered some amendments. Should the chamber agree by a majority of votes to the refusal of the executive, the bill shall be placed on file, and shall not be presented again until the following legislative term. Should the chamber ac- cept by a majority of votes the suggestions made by the executive, or if by a two-thirds vote it should reject the opposition or suggestions of the aforesaid power, and ratify the bill as it was passed, said bill shall be referred again to the Senate if the ratification of the latter is needed, where it shall undergo the same procedure indicated in this article. Should the Senate, in its turn, agree by a majority of votes to the refusal of the executive, the bill shall be placed on file, and shall not be presented again until the following legislative period. Should the suggestions of the executive be approved by a majority of votes, or if the opposition of the suggestions made by the executive should be rejected by a two-thirds vote, and the bill should be ratified as it was passed originally, it shall be returned to the executive, who shall not then withold his approval. Art. 84. If the opposition of the executive is based on the fact that the law is unconstitutional, and the chambers should reenact it, it shall be referred to the Supreme Court of Justice to decide the matter within ten working days. Should the majority of all the Jus- tices of the Supreme Court decide that the bill is constitutional, it shall be the duty of the executive to give it his approval. In the con- trary case, the bill shall be considered disapproved, and shall be placed on file. Art. 85. Should the executive fail to comply with his dut}^ to ap- prove the laws within the time and in accordance with the manner provided in this Constitution, the president of the Senate shall ap- prove the same and cause them to be published in the official journal. If in spite of the order of this official the law should not be published within fortj^-eight 'hours in the official journal, the publication shall be made in any of the newspapers of the country. Art. 86. The bills remaining pending at the end of a legislative period of the chamber shall be considered as new bills in the following ordinary sessions in case that at this second legislative period there 134 CONSTITUTIONS OF THE STATES AT WAB. should have been a renewal of deputies. Otherwise, the interrupted debate may be continued. Those which at the end of the legislative period should be left pending in the Senate, shall likewise be considered as new bills in the same case of renewal of Senators. Art. 87. The following resolutions shall not require the approval of the executive, and shall be published without need thereof : 1. Those regarding the elections which must be made in accord- ance with this Constitution or with the international treaties, or with their respective regulations, or those with regard to the resignations or excuses which may be presented. 2. Those that decree the removal of their seat to another place. 3. Those regarding whether or not there is ground to institute proceedings against public officials, as provided in Article 77, or those suspending or sentencing said officials. 4. The regulations which they might adopt for the conduct of their internal affairs. Art. 88. Every law or decree of Congress shall be headed as fol- lows: The Senate, the Chamber of Deputies, or the Congress of Costa Rica, in the use of the powers granted to it by the Constitution of the Republic, de- crees : * * * The president and the secretaries shall sign on behalf of each chamber. The President of the Republic of Costa Rica — whereas the Chamber of Deputies, the Senate, or Congress, has decreed as follows : * * * Therefore, I command that the foregoing law be published and obeyed. The president and the respective ministers of State shall sign. Chapter YI. — The Executive Power. Art. 89. The executive power shall be exercised by a citizen whose title shall be President of the Republic, with the indepensable collabo- ration of the ministers of State, the number of whom shall be fixed by law. The President shall despatch with each minister the current mat- ters of public business pertaining, according to law, to that particu- lar ministry. Bills to be presented to the legislature, those received from it for sanction, the budget bill, matters for which this Constitution requires presidential sanction, and in general all matters of great weight and importance, shall be considered and decided by the President in the Council of Ministers. /^rt. 90. There shall be a Vice-President of the Republic, elected for the same term as the President, who will serve during the absence, temporary or permanent, of the President. COSTA RICA. 135 In case of the permanent absence of the Vice-President of the l\e})iiblic, the president of the Senate, or failing him, the president of the Chamber of Deputies shall replace the President during the tem- porary or permanent absence of the latter, and until he returns to office or the pending presidential term ends, as the case may be. If the ])resident of the Chamber of deputies is called to act as President, during the temporary absence of the president of the Senate, and there be occasion to replace the President of tlie Republic by reason of his permanent absence, he shall hand over the Presidency to the president of the Senate as soon as the cause for the latter's absence ceases. If the absence of the Vice-President be temporary and should tem- porary or permanent absence of the President occur, the president of the Senate shall assume the Presidency, or failing him the presi- dent of the Chamber of Deputies; but when the occasion for the absence of the Vice-President ceases, the latter shall be President. The president of the Senate or the president of the Chamber of Deputies, when called to the Presidency by law, shall continue therein for the time hereinbefore stated, even though their respective ap- pointments shall have terminated. If the term of each as senator or deputy shall not have expired at the time they give up the office, they shall recover their seats in the Senate or in the Chamber, as the case may be, until their terms end. Art. 91. Should the President die, the Vice-President, or failing him, his lawful successor, shall by right become President. Should the President resign his office and his resignation be ac- cepted, the Congress shall call the Vice-President or his lawful suc- cessor to the Presidency. Should the President be suspended or deprived of his office, accord- ing to this Constitution, the Chamber of Deputies when suspending him or the Senate Avhen depriving him of office, shall call to the Presidency the Vice-President or his lawful successor. When the President shall have become morally or physically unfit for the office, the Congress, if it be in session, or, if it be adjourned, then as soon as it be called in session by the Minister of the Interior {M'mistro de Gohemacion) ^ within the fixed term of three days, shall consider the circumstances of the case and decide whether the Presi- dency is to be regarded as vacant. Should it decide in the affirma- tive, it shall call to the Presidency the Vice-President or his lawful successor. In default of such a resolution, the Council of Ministers, presided over by the Minister of the Interior, shall govern. '^\rt. 92. If the President should become so ill as to make it diffi- cult for him to discharge his duties, he may turn over the Presidency to the Vice-President or his lawful successor. 136 CONSTITUTIONS OF THE STATES AT WAR. When the President shall decide to direct military operations in time of war outside of the capital, he shall call upon the Vice-Presi- dent, or failing him, his lawful successor, to take charge of the other branches of the government. In no case may the President relinquish his office without permis- sion of the Senate, which shall then call the Vice-President or his lawful successor, to the Presidency. Art. 93. To be President or Vice-President of the Republic it is required : 1. That one be a born Costa Eican and a citizen in the exercise of his rights. 2.' To be over 30 years of age. 3. To be a layman. 4. To be the owner of property worth 5,000 colons, or to have an annual income of 3.000 colons or a professional title recognized by the State. 5. To know how to read and write. Art. 94. He is ineligible for the office either of President or Vice- President who is : 1. The ascendant or descendant or brother, by blood or affinity, of whoever shall be in exercise of the functions of President of the Republic at the time of the election, or who shall have exercised them within the year previous. , 2. The titular or temporary Vice-President who may be in power at the time of the election or who shall have heen in power within the year previous. Equally ineligible for the office of President is : 1. He who may be minister of State at the time of the election or shall have been such within the year previous. 2. The officer having military command of a city or district at the time of the election or anyone who by blood or affinity shall be his ascendant, descendant or brother. The President of the Republic shall not be reeledted for the term following his own, even though he may have resigned or in an}'' other way lost his office. Neither shall the Vice-President be elected for the term following his own. rAny deputy or senator may be elected Vice-President and does not thereby lose his seat in the chamber, save only for the time he may fill the office. The President and Vice-President shall not be related to each other by blood or affinity, as ascendant, descendant or brother. Art. 95. The President shall be in office six years. At the end of such period he ceases by that very fact to exercise his functions. Art. 96. The office of President and that of Vice-President are obligatory and the President and Vice-President elect shall assume COSTA RICA. 137 office on the eighth day of May. On taking office they shall take the oath required by law. • If for any grave reason the President be unable to take the oath on the day named, the Vice-President shall act as President. In such case the President elect shall take the oath during the or- dinary session of Congress; but should the impediment continue and the chambers adjourn, he shall take the oath as President before the Vice-President who is acting in his stead, with the ceremonies pre- scribed for the occasion. Art. 97. The salary of the President shall not be increased or di- minished except for the following term. Art. 9(S. The President shall not leave the territory of the nation while in office, nor for a year after the day he has ceased therefrom, without securing the permission of the Senate in both cases. This prohibition applies to the titular or temporary Vice-President during the time he is in office and for the following year. Art. 99. The following are the duties and attributions of the Presi- dent of the Republic, outside of those enumerated in the other articles of this Constitution : 1. To freely appoint and remove the ministers of State and governors of provinces, and other employees depending upon him. To appoint and remove in the Council of Ministers the diplomatic ministers and the consuls general of the Republic. 2. To maintain public order throughout the territory, and to re- store it wherever it has been disturbed, and to provide for the in- ternal security of the Republic, defend the independence and the honor of the nation and the inviolability of its territory. 3. To declare war upon another nation Avith the consent of Con- gress, without prejudice of the right of repelling any foreign aggres- sion when urgently required. 4. To conclude and ratify treaties of peace which have been sub- mitted to the approval of Congress. 5. To assume the command of the army as commander-in-chief thereof, or to delegate these functions when he should deem it con- venient; and to direct, whenever he may deem it .proper, the wixr operations as such commander-in-chief. 6. To grant military grades up to and including that of lieu- tenant-colonel, and to issue corresponding certificates for grades conferred by himself or by Congress. . 7. To comply with and execute the Constitution and the laws, and cause others through its agents and subordinate employees to do like- wise ; and to see that the public officials who are not subordinate to it shall also comply with and execute the said Constitution and laws, applying for that purpose to their immediate superiors. 88381—19 10 138 CONSTITUTIONS OF THE STATES AT WAR. 8. To take care of the exact collection and administration of public revenues and wealth, and to decreee the disbursement thereof, in strict accordance with the law. 9. To conduct the relations with other nations ; to receive diplo- matic ministers and to admit the consuls of others nations ; to con- clude treaties and agreements with the governments of the other countries and to exchange them after ratifications, which must be given by Congress. 10. To grant naturalization papers in the cases authorized by law. 11. To grant pardons, commutation and reduction of sentences in accordance with the law, likewise to reinstate delinquents in their rights. 12. To grant amnesties and general or special pardons for po- litical offenses. 13. To emancipate minors in accordance with the laws. 14. To supply the consent to contract marriage to those who need such consent by law. He shall not supply the consent of the father nor that of the mother. 15. To convene Congress in ordinarj^ session, and, in accord with the Council of Ministers, to call for extraordinary sessions whenever the serious interests of the State demand it. The decree in the latter case shall explain the reasons of the convocation of the chambers. After the latter have convened, he may submit new matters to their consideration. 16. To issue the instructions and regulations which may be neces- ir;ary and convenient for the prompt and proper execution of the laws, without however contradicting or altering the spirit thereof. These regulations and instructions must be discussed in the Council of \ Ministers. v ' 17. To issue regulations for the internal government of the offices and departments of the government. 18. To look to the prompt and complete administration of justice lending the courts, in accordance with the law, all the necessary- sup- port and assistance to have their orders obeyed and executed. 19. To call upon the citizens and the electoral college to hold the elections which may be necessary at the time fixed by the Consti- tution and by law. Art. 100. The President must present to Congress at the opening of the ordinary sessions a written message rendering an account of the political situation of the Republic and of the general situation of the several branches of the administration. He shall recommend, furthermore, the adoption of measures which he may consider im- portant for the good conduct of the affairs of the nation and for its progress and welfare. COSTA RICA. 139 These documents, being essentially of a political nature, must be approved by the Council of Ministers. Art. 101. The President of the Republic during his term of office, and the titular or temporary Vice-President, while in the discharge of that office, shall not be prosecuted or tried for common offenses, except after the Chamber of Deputies has declared that there is ground for prosecution upon charges filed against them. Art. 102. The President, or the person who replaces him, and the ministers of State are responsible for the offenses which they may commit in their conduct: 1. When they favor the interests of a foreign nation against the independence, liberty and integrity of Costa Rica. 2. When they interfere directly or indirectly with the elections ordered by this Constitution, or restrict the freedom to which all electors are entitled. 3. When they prevent the chambers from assembling or holding their meetings at the time appointed by the Constitution, or re- strict the liberty and independence which they should enjoy in all their acts and deliberations. 1. When they refuse to publish or execute the laws in those cases in which according to this Constitution they may not refuse. 5. When they impede or hinder the courts from taking cogni- zance of cases falling under their jurisdiction, or when they restrict the freedom which said courts should enjoy, or disobey their orders. 6. When in any other manner they attempt to violate the Constitution or the laws, or the lawful enjoyment and exercise of political or individual rights or the constitutional custody and use of the public wealth. For these acts thej- shall be tried by the Senate after the Chamber of Deputies, in accordance with the provisions of Article 77, has declared that there is ground to institute proceedings. The ministers are liable for the acts of the administration in their respective branches jointly with the President. The liability for the acts agreed upon in the Council of Ministers shall extend to all min- isters jointly with the President. The ministers shall not be released from liability by a verbal or written order of the President, nor shall they save their vote at the Council sessions. The liability of the President or of the person acting as substitute shall only be demanded when he is in power, and during the year following the date of his separation from office. The liability of the ministers shall last while they are in office and for six months after their separation therefrom. Art. 103. . All decrees, acts, regulations or orders of the President must be signed by the respective minister, and shall not be valid or 140 CONSTITUTIONS OF THE STATES AT WAK. obeyed without this requisite. Only those decrees whereby ministers are appointed or removed shall be signed by the President alone. The ministers shall not issue any decree, resolution or order by themselves, and shall be held guilty of fraudulent alteration {su- plantacion) if they communicate any act of the President without being signed first by the latter in the respective book. Art. 104. The ministers of State may attend the sessions of either one of the chambers and take part in the discussion. But they must withdraw from the Hall of the Chamber before voting is proceeded with. Art. 105. No one shall be minister of State who is not : 1. A citizens in the exercise of his rights. 2. A native or a naturalized citizen who has resided ten years in the country after having obtained his naturalization papers. 3. A layman. 4. Over 25 years of age and of well-known morality and quali- fications. No one shall be minister who is a contractor for public works or services ; and whoever files any claim for his own interest shall ceaso to be a minister if at the time of filing such claim he holds such office. Art. 106. Within the first fifteen days after the opening of the or- dinary sessions, the ministers must present to Congress in writing a detailed report of all the work done during the year and of the con- dition of the administration. The Minister of Finance shall furthermore, within the same term, l^resent the project for the budget for the ensuing calendar year, and the detailed account of the expenses incurred during the preceding calendar year. The items of expenses shall be kept one by one with all their details, but should there be amongst the latter any one of a secret character, the publication of which should be deemed inad- visable, the Minister shall not include it, but he must give explana- tions, and show the corresponding voucher to the cormnittee ap- pointed by Congress to examine the accounts of the Treasury. Failure to present these reports and the project within the time specified, shall render the defaulting minister liable therefor. • Art. 107. All deliberations and resolutions of the President and the Council of Ministers shall be entered in the corresponding book of minutes which shall be signed by all present. When the extreme gravity of any matter so demands it, the Presi- dent shall add to the Council such persons as he may consider proper to call. The resolutions and the votes shall be set down in the minutes. COSTA RICA. 141 Chapter VII, — The Judicial Power. Art. 108. The judicial power shall be vested in the Supreme Court of Justice divided into branch courts : one of Cassation with five mem- bers, and the others of Appeals with three members each. The number of Courts of Appeals shall be determined by law in accordance with the needs of the administration of justice. The justices shall be elected by the Senate from among the lists of three candidates for each place, which must be presented to it sepa- rately by the Chamber of Deputies and the executive power. The candidates of either list may be the same in whole or in part. The Senate shall designate which are the justices who are to con- stitute each branch court, and which of their members is to be their president. The president of the Court of Cassation shall be the president of the Supreme Court. The powers of the Supreme Court in bench and those of each branch court shall be determined by law. Art. 109. The judicial power shall be exercised also by the tribunals and courts established by law, all of which, whatever be their denomi- nation, shall depend upon the Supreme Court. The law shall mark the jurisdiction, number and duration of the courts and tribunals, their attributions, duties, faculties and the man- ner in which they shall incur liability. ""The Supreme Court has the power to appoint all officials who ad- minister justice under it as well as to appoint or remove the subordi- nate personnel of the branch courts and lower courts. Congress is authorized to organize the jurisdiction on governmental litigious matters [juiUdicciSn contencioso-adtmnistratioa). Art. 110. The office of judge or justice is incompatible with that of alderman or municipal employee, and with that of employee and subordinate of the other powers. But the office of professor of a professional school supported or subsidized by the State is not incompatible, if the appointment is made by the respective board of directors. No judge or judicial functionary shall engage in the profession of law, or be a solicitor, except in cases personally affecting himself, his spouse, his ascendants or descendants, or brothers, by blood or affinity. Nor shall any judicial functionary: 1. Address any communication to the executive poAver or to Con- gress or to public officials or official corporations, congratulating or criticising them for their acts. 2. Take any part in the political elections outside of casting their personal vote. 142 CONSTITUTIONS or the states at war. 3. Take any part in meetings, demonstrations or any other acts of a political character. The provisions of Article 65 in. regard to deputies and senators are also applicable to justices. Art. 111. For the office of justice the following requisites are neces- sary : 1. To be a native of the Republic and a citizen in the exercise of his rights. 2. To belong to the laity. 3. To be over 35 years of age. 4. To have a lawyers' degree issued or recognized in the country by the authority or corporation legally empow^ered therefor, and to have practiced his profession for at least ten years, either as an official of the judicial branch or as a professor of law, or in private practice. The following shall not be appointed justices: 1. Persons who are- deaf or dumb, or those who are physically or mentally defective. 2. Those who have been sentenced for crimes committed against property, public faith or good morals. Persons who are related to each other by blood or affinity, being ascendants and descendants or brothers, shall not act as justices at the same time. Justices must give a bond or mortgage security up to the sum of 5,000 colons before entering upon the discharge of their duties. Art. 112. Justices shall have the right to remain in office while they discharge their duties well. They shall not be suspended without a previous declaration that there is ground to institute proceedings against them, nor shall they be discharged except by virtue of a judg- ment rendered against them. A justice who, while in the discharge of his duties as such, shall be rendered incapable of continuing in office by reason of age or ill- ness, shall be separated from the Supreme Court upon justification of his case, and by the vote of three fourths of the total number of its members. A justice shall have then the right to receive a life pen- sion amounting to one half of the salary which he is drawing at the time of his retirement. Art. 113. The salary of the justices shall be jEixed by law every ten years, and those of the other ptiblic officials who render their service in the courts and other inferior tribunals shall be fixed every five years. The salaries of these officials shall not be reduced during the period for which they were fixed. Art. 114. Public officials who are serving in the inferior courts or tribunals shall not be suspended during their term of office except COSTA RICA. 143 upon previous declaration that there is ground for instituting pro- ceedings against them; nor shall they be dismissed except by virtue of a final judgement. The Supreme Court, for grave reasons, however, shall cancel, by a vote of two thirds of the total number of its members, the election of any of said officials. AitT. 115. In order to fill accidental vacancies of justices, the Sen- ate shall elect every two years twenty assistant justices who must liave the same qualifications required for the office of justice, and who have property of their own to the value of 5,000 colons, or an annual income of 3,000 colons, and who are not subalterns, officials of the court or employees of the other branches of the government, or aldermen or municipal employees. No lawyer shall sit as assistant justice in any case of which he is in charge or which he may be defending before the courts. Whenever any justice is to be substituted, either for a specified case or for any length of time, the Supreme Court in bench shall draAv such substitute by lot from among the list of assistant justices. Whenever a vacancy shall occur amongst the justices by reason of death or incapacity, the Supreme Court shall report this fact to the executive power and to the Chamber of Deputies, in order that the Senate in its ordinary or extraordinary session may fill such vacancy. In the meantime the Supreme Court shall elect one of the assistant justices to temporarily fill the vacancy. Chapter VIII. — The Mfnicipal Regime. Art. 116. For the purposes of the general administration of national affairs, the territory of the Republic shall continue to be divided into the seven provinces of San Jose, Alajuela, Cartago, Heredia, Guana- caste, Puntarenas and Limon. The provinces shall be divided into cantonments and the cantonments into districts. Hereafter, no cantonment shall be created that has not at least 5.000 inhabitants; neither shall a cantonment be created, if upon dismembering it from the other or others the dismembered canton- ment should not be left Avith a population of at least 6,000 inhabit- ants and sufficient territory for its development. The law creating a new cantonment shall designate its boundaries in indubitable manner. The executive power shall issue, as soon as possible, the opportune orders so that the boundaries of existing cantonments and provinces shall be clearly determined. Should the municipalities concerned agree in the total or partial demarcation of their boundaries, the executive power shall approve the agreement and the line agreed upon 144 CONSTITUTIONS OF THE STATES AT WAR. by the parties shall be considered as the boundary line. Otherwise, the disputed line shall be submitted to the decision of the Chamber of Deputies, so as to settle the question by a law fixing the boundaries and adopting the natural divisions as far as may be practicable. Art. 117. The management of interests which are purely local in character shall be entrusted by each cantonment to a municipality and an intendant, who shall be elected by the citizens domiciled in such cantonment at least three months before election. Each municipality shall be composed of three aldermen in those cantonments whose population does not exceed 5, OOOy inhabitants; five in those whose population exceeds 5,000 and is less than 10,000 ; and in those cantonments of over 10,000 inhabitants there shall be an additional alderman for every 10,000 inhabitants or fraction thereof exceeding 5.000. In order to fill the vacancies of aldermen, there shall be elected at the same time as many substitutes as there are sitting aldermen ; and to replace the vacancy of the intendant, a vice-intendant shall be elected. Each district shall furthermore elect a sitting and a substitute syndic, whose main duty shall be to represent before the munici- I)ality the special interests of his district, and to see that the funds of the latter are used for the needs thereof, after deducting the per- centage of general, expenses for the cantonment which may corre- spond to the district in the proportion which its population has to the total population of the cantonment. Art. 118. The sitting and substitute aldermen shall hold their office for six years, and one half of them shall be renewed every three years. If the number of aldermen is odd, the half of the even number result- ing after adding a unit to the total shall be renewed first. The alder- man or aldermen who are to leave office after the first three j^ears shall be decided by lot. The syndics shall hold office for three years, and shall be elected by the citizens of the district at the same time as the aldermen. The office of alderman and syndic is obligatory and gratuitous. The law shall designate the qualifications which said officers must have, and the grounds which may be alleged as excuses for declining the election. The intendant and vice-intendant shall hold office for three years, and may be reelected. The office of intendant is salaried. The amount of the salary shall be fixed by the municipality for the fol- lowing period, and shall not be increased or diminished for the run- ning term of three years. The term of office of municipal officials shall begin on 1 May, on which date they shall enter upon the duties thereof. COSTA RICA. 145 Art. 119. The miiiicipality shall not take any action without the presence of two thirds of its members. The decisions shall be taken by a majority of the votes present. The intendant shall preside over the sessions, but shall not vote. The provisions regarding the substitute deputies, as contained in Article 63, is applicable to aldermen. Art, 120. The municipality has the power to freely appoint and discharge the heads of the several departments. Subalternate offi- cials shall be freely appointed and discharged by the intendant but the municipality has the right to disapprove such appointments or dismissals. The intendant is the executor of the laws and resolutions of the municipality on nnmicipal matters. The municipality shall deliberate and decide upon all matters of local interest, and it is therefore its duty to take care of the sanitation, to Avhich they must give preferred attention in accord with the Supreme Board of Health, and to take care also of the public com- fort, improvement and recreation; of the roads, streets and squares of the cantonment: of the municipal public works; of the lighting and water systems, neatness, markets, sewers, watermains and in general of everything that tends to the progress and welfare of the neighborhood considered as an administrative unit different from that of the State. All this shall be done in accordance with the gen- eral laws and the provisions of the present Constitution. It shall dispose of all the revenues and income belonging to it according to the law. It may decree new taxes whenever there is a law authorizing it. Its decree shall be obligatory to the neighborhood after it has been ap- proved by the executive power, who shall not refuse its approval if the tax is according to law, and does not exceed the maximum which the latter may have fixed and must fix for each item. It shall attend to the needs of the cantonment with its revenues and income. No expenditure shall be authorized by the municipality or by law which does not respond to a real necessity; and the use of the public funds of the cantonments for feasts, celebrations, recep- tions or other purposes foreign to those of the municipal institution is forbidden. A general law shall provide what may be proper in regard to the manner of forming and liquidating the municipal budget. Every three months the intendant shall publish and cause to be printed and circulated a statement giving in detail the revenues and the expendi- tures; and he shall publish every year in the official journal a report of whatever has been done during the preceding year. 146 CONSTITUTIOlSrS OF THE STATES AT WAE. Art. 121. The intendant shall propose to the municipality the measures which he may deem proper. He may veto any resolution of the municipality within the eight working days following the passage thereof, whenever in his opinion said resolution is contrary to law, or is beyond the powers of the corporation. Private individuals impaired in their rights may in similar cases appeal from municipal resolutions. The municipality shall reconsider its resolutions immediately, and if insisted on, the case shall be submitted for final decision to the executive power, who shall consider and decide the matter in question in the Council of the Cabinet. Art. 122. The executive power shall take care that the municipali- ties and intendants comply with their legal duties. Should he notice any illegality in the discharge of the duties belonging to such cor- porations or officials, he may suspend their resolutions, if so decided in the Council of the Cabinet, and he shall report this fact to the Sen- ate at its next session, so that the latter may take the proper action or may determine the corresponding liability. Art. 123. There shall be a governor for each province, who shall be the agent for and appointed by the executive power, with the qualifi- cations and attributions determined by law. This official shall have no authority over the municipality and the intendant in the exercise of the latter's office. He must, on the con- trary, and as far as not against law, lend them his assistance and collaboration. Chapter IX. — The Keform of This Constitution. Art. 142. The present Constitution may be partially reformed through a legislative act which must be subject to the following- provisions : 1. No amendment shall be proposed, considered, or decided upon in extraordinary sessions. 2. No proposed amendment which has been rejected by either one of the chambers or by Congress shall be again presented until after two years. 3. Either chamber may propose an amendment by three of its members, no more, no less. The proponents must present a reasoned statement together with the draft of the articles, which shall be pub- lished in the official journal before they are read in the chamber. 4. No proposed amendment shall cover matters which are not perfectly connected with one another. Each matter shall be the ob- ject of a proposed amendment which may refer to several articles of the Constitution if they supplement one another. 5. Each chamber shall, before entering upon the discussion of any amendment, elect a commission of three persons, from among its COSTA RICA. 147 members, to report within eight days whether or not the amend- ment is advisable. This report shall be published in the official journal and shall not be taken up for debate until three days after its publication. 6. Saving the provision contained in Section 10 of this article, with reference to Congress, no amendment shall be considered validly made until passed by two thirds of the votes present, 7. After the amendments have been presented, and their publica- tion and report on the same have been proceeded with as aforesaid, they shall be taken up for debate on three different days. Should the chamber approve the amendment, with or without amendments, it shall be referred to the other chamber for review. Should this not be done, the proposed amendment shall be considered as rejected. 8. The reviewing chamber in the same session, or. in case of lack of time, in the session immediately following, shall take up the proceedings on the amendment. If the chamber, after holding three debates should agree to the amendment as it was sent to it, the record shall be sent to the executive power. Should the chamber reject the amendment as a whole, said amendment shall be considered de- feated. Should the amendment be accepted in general, but subject, in its opinion, to some necessary changes, said changes shall be pro- posed to the chamber where the amendment originated. In such case, should the latter accept the changes after a debate, the respec- tive bill shall be considered modified, and shall be forwarded by the reviewing chamber to the executive power, but should said changes be disapproved, the amendment shall be considered rejected. 9. If in the foregoing cases the proposed amendment should be referred to the executive power, the President shall, in the Council of Ministers, decide- Avhat he may deem convenient, and he shall return the record within the first eight days after the sessions for the year immediately following have opened. The resolution of the execu- tive and the reasons on which his decision is based shall be noted in the record of the proposed amendment, and the respective act or statement shall be signed by the President and the ministers. This document shall likeAvise be published in the official journal. 10. Three days after the report of the executive has been pub- lished, the Congress shall, in joint session, begin to consider the matter, which must undergo three debates on such dates as it may designate, Avithout need of referring the report to a new committee. In the event that the executive has accepted it witliout change, or should propose a change accepted by Congress, two thirds of the votes of deputies and senators present shall be sufficient to consider the amendment ratified. But three fourths of the total number of deputies and senators shall be necessary to consider the amendment passed, if the executive should object to it or should suggest changes 148 CONSTITUTIONS OF THE STATES AT WAR. which Congress does not accept. If in either case the necessary special majority should not be obtained, the proposed amendment shall be considered as rejected. 11. If the amendment agreed upon in accordance with the fore- going principles should refer to any of the guarantees specified in Chapter II of this Constitution, said amendment shall not be held valid if not ratified by a majority of the votes of a Constituent Assembly which shall be called by Congress for that purpose. Art. 125. Whenever, according to Article 1, or to the last article, a Constituent Assembly has to be called. Congress shall, within eight days following the approval of the treaties or the amendments, pass a law calling for an election of deputies, possessing the qualifications which this Constitution demands for the office of senator. The/elec- tion shall be made by provinces at the rate of one sitting deputy for every 15,000 inhabitants and fraction not over (sic) 7.500, and of a substitute deputy for every three and fraction of three of the sitting deputies. The Assembly shall meet within three months, at the latest, and the rules established by Article 69 in regard to the number necessary to constitute a quorum shall also be applicable to the Assembly. The provisional board of directors shall be composed of the three eldest deputies who shall, in order of seniority, fill the office of president, first and second secretary. Chapter X. — The Observance of This Constitution. Art. 126. The present Constitution, signed by all the deputies in the Assembly, shall be referred to the executive power for its imme- diate publication and observance, Avithout the need of the oath formerly used. The former Constitution of 1871, reenacted in 1882 and in this same year by a decree of the Constituent Assembly, as well as all the laws which thereafter amended it, are hereby abrogated. Art. 127. The existing laws shall continue in force and shall be obeyed, in so far as they are not contrary to this Constitution. Art. 128. In order that the interpretation of any of the provisions of this Constitution may be considered authentic, it is necessary that the same procedure and formalities prescribed for their revision be observed. Art. 129. Congress, at its ordinary sessions, shall ascertain whether or not this Constitution has been violated, and whether or not the liability of the infractors has been enforced; and, in its proper. case, it shall take the necessary steps for the punishment of the guilty. COSTA RICA. 149 TRANSITORY PROVISIONS. Article 1. The first presidential term shall end on 8 May 1923, and until then the President elected by the people on 1 April of the pres- ent year shall exercise the executive power in accordance with the Constitution. The budget to be voted in 1923 shall show the salary the President shall receive for the next six years and for each succeeding term of six years. Art. 2. The office of Vice-President of the Republic shall become eflFective for the term commencing on 8 May 1923. Meanwhile, in regard to succession to the Presidency the system of designates shall be used which was in force under the previous Constitution. Art. 3. The Constituent Assembly ratifies the appointments of the justices of the Supreme Court of Justice and the assistant justices, to wdiich decrees No. 5 of 12 April and No. 13 of 4 June of the present year respectively refer. Art. 4. In order to arrange the municipal regime during the transi- tion period it is hereby ordered : 1. That one half of the members of the present municipalities shall continue in office until 30 April 1919. The President of the Re- public in the Council of Ministers shall draw by lot the one half which must cease at the present time, and shall replace it with indi- viduals appointed by him possessing the qualifications required by law. Should the number be an odd one, the one half resulting from the total plus one, shall cease at the present time. 2. That the office of intendant shall not be filled until 1 May 1919, and in the meantime the government and political chiefs shall con- tinue to exercise the powers which they have at present. During that interval the executive must submit the proposed municipal ordi- nances, and Congress must publish them. The municipalities shall continue to be governed as at present until 1 May 1919, on which date the provisions in regard to the new municipalities shall become effective. 3. That the syndics at present in office shall continue in their places until 30 April 1919. Should any vacancy occur and should there be no substitute to fill it, the executive shall replace it, appoint- ing a person for that office possessing the legal requisites, after hear- ing the principal inhabitants and taxpayers of the district. 4. That the first popular election of sitting and substitute alder- men, as well as of syndics, intendants and vice-intendants shall take place on the first Sunday in March, 1919. Art. 5. The Assembly shall convert itself into an ordinary Con- gress, and shall remain in ordinary session until 31 August of the 150 CONSTITUTIONS OF THE STATES AT WAK. present year, and for the purpose of constituting the legislative chambers it shall • observe the rules for distribution of members established by the present Constitution. Art. 6. The senators and deputies who compose the present As- sembly and who shall form the next Congress and the members of the municipality now in office, shall continue in their places until 30 April 1919. The executive power shall, at the proper time, call for elections in accordance with Article 52 of the Constitution ; and one half of the members of the chambers which may then be elected, as well as those of the municipalities, shall be renewed every three j^ears in the manner established in this Constitution. -^ Art. 7. In order to fill the absolute or temporary vacancies of sena- tors, the chambers shall elect a member of the Chamber of Deputies, giving preference to those of the same province, of the senator who left the vacancy. Provided that if the vacancy is only temporary, the deputy elected to fill it shall be reinstated in his Chamber when the absence of the sitting senator should cease. Art. 8. If the number of substitute deputies of one province should be exhausted, the vacancies which may occur shall be filled by those of another province which the board of directors may elect. Art. 9. During the present constitutional period the representation for the provinces shall be as follows : San Jose, 9 deputies and 4 sen- ators ; Alajuela, T deputies and 3 senators ; Cartago, 5 deputies and 2 senators ; Heredia, 3 deputies and 2 senators ; Guanacaste, 3 deputies and 1 senator: Puntarenas, 1 deputy and 1 senator; Limon. 1 deput}' and 1 senator. The renewals which may occur during the six years immediately following shall be made in accordance with this pro- portion. Art. 10. The judges and mayors who are at present discharging judicial duties shall not be removed from office until the expiration of the term in force, in accordance with the original law, without prejudice to the provisions contained at the end of Article 114.^ ^ Here follow the signatures of the 42 deputies and the decree of promulgation signed by the President and the 5 ministers. CUBA. P>y the Treaty of Paris of 10 December 1898.^ which ended the Spanish-American War, Spain abandoned her rights of sov- ereignty over her possessioits of Cuba. Porto Rico and the Philippines. For a few years Cuba was under the control of the United States military forces. An Act of Congress of the United States of 2 March 1901 - authorized the President of the United States "to 'leave the government and control of the island of Cuba to its people,' so soon as a government shall have been estab- lished in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States and Cuba"' on the basis of certain principles. These principles were to be inserted in a permanent treaty. A convention embodying them was signed on -I'l May 1903 " between the United States and Cuba. Meanwhile, an assembly met at Habana and adopted n Constitution on 21 February 1901.* and an amendment governing Cuba's relations vrith the United States was adopted by the Constituent Assembly on 12 June following.^ The President and Vice-President of the new Republic were elected on 21 February 1902, and the government of the United States trans- mitted the actual control of the island to the established authorities on 20 May." ^ Sig-ned in English and Spanish. English text in W. M. Malloy, Treaties, Conven- tional, International Acts, Protocols, and Agreements between the United States of America enalty upon the convicted official shall be left to the courts declared by law to be competent for the purpose. 4. To confirm the nominations made by the President of the Ee- public for the positions of Chief Justice and associate justices of the Supreme Court, diplomatic representatives and consular agents of the nation, and all other public officers whose nominations require the approval of the Senate in accordance Avith the law. 5. To authorize Cuban citizens to accept employment or honors from foreign governments or to serve in their armies. (). To approve the treaties entered into by the President of the Eepublic with other nations. SKCTIOX 111. THE CHAMBF:K OF REPKESEJ^TATIVES, ITS MEMBERSHIP AND ITS POWERS. Art. -IS. The Chamber of Representatives shall consist of one rep- resentative for each 25.000 inhabitants or fraction thereof over r2..")0(). elected for the period of four years by direct vote of the people and in the manner provided b}' lavr. The Chamber of Representatives shall be renewed by halves every two years. Art. 49. To be a representative it is required: 1. To be a Cuban citizen by birth or by naturalization, provided in the latter case that the candidate has resided eight years in the Republic, to be counted from the date of his naturalization. 2. To have attained the age of 25 years. 3. To be in full possession of all civil and political rights. Art. 50. The power to impeach before the Senate the President of the Republic and the secretaries of State, in the cases prescribed in Xos. 1 and 2 of Article 47 corresponds to the Chamber of Repre- sentati^-es. But the concurrence of two thirds of the total number of representatives, in secret session, shall be required to exercise this right. SECTION IV. PROVISIONS COMMON TO BOTH HOUSES OF CONGRESS. Art. 51. The positions of senator and representative are incom- patible with the holding of any other paid position of government a^jpointment, except a professorship in a government institution, obtained by competitive examination prior to the election. , Art. 52. Senators and representatives shall receive from the State a pecuniary remuneration, alike for both positions, the amount of which may be changed at any time; but the change shall not take effect until after the renewal of the legislative bodies. 160 CONSTITUTIONS OF THE STATES AT WAR. Art. 63. Senators and representatives shall be inviolable for their votes and opinions in the discharge of their duties. Senators and representatives shall only be arrested or indicted upon permission of the body to which they belong, if Congress is then in session, except in case of fiagrante delicto. In this case, and in the case of the arrest or indictment being made when Congress is not in session, the fact shall be reported, as soon as practicable to the respective house for proper action. Art. 54. Both houses of Congress shall open and close their ses- sions on the same day ; they shall meet in the same city, and neither shall move to any other place, or adjourn for more than three days, except by common consent. Nor shall thej^ begin to do business without two thirds of the total number of their members being present, or continue their sessions without the attendance of an absolute majority. Art. 55. Each house shall be the judge of the election of its respec- tive members and shall also pass upon their resignations. No senator or representative shall be expelled from the house to which he be- longs, except upon grounds previously determined, and the concur- rence of at least two thirds of the total number of its members. Art. 56. Each house shall frame its respective rules and regula- tions, and elect from among its members its president, vice-presidents and secretaries. But the president of the Senate shall not discharge his duties as such, except in case the Vice-President of the Republic is absent or acting as President. SECTION V. CONGRESS AND ITS POWERS. Art. 57. Congress shall assemble, without necessity of previous call, twice in each year, each session to last not less than forty work- ing days. The first session shall begin on the first Monday in April and the second on the first Monday in November. It shall meet in extra session in such cases and in such manner as may be provided by its rules and regulations and when called to con- vene by the President of the Republic in accordance with the pro- visions of this Constitution. In both cases it shall only consider the express object or objects for which it assembles. Art. 58. Congress shall meet in joint session to proclaim, after counting and verifying the electoral vote, the President and Vice- President of the Republic. In this case the president of the Senate, and in his absence the presi- dent of the Chamber of Representatives, as vice-president of the Congress, shall preside over the joint meeting. If upon counting the votes for President it is found that none of the candidates has an absolute majority of votes, or if the votes are equally divided, Congress, by the same majority, shall elect as Presi- CUBA. 161 dent one of the t^Yo candidates havintr ol)tained the greatest number of votes. Should more than two candidates receive the highest number of votes — no one obtaining an absoUite majority — two or more having secured the same number. Congress shall elect from said candidates. If the vote of Congress is equally divided another vote shall be taken ; and if the result of the second vote is the same, the president shall cast the deciding vote. The method established in the preceding number shall be also employed in the election of Vice-President of the Republic. The counting of the electoral vote shall take place prior to the expiration of the presidential term. Art. 59. Congress shall have the following powers: 1. To enact the national codes and the laws of a general nature: to determine the rules that shall be observed in the general, provincial and municipal elections; to issue orders for the regulation and organ- ization of all services pertaining to the administration of national, provincial and municipal government ; and to pass all other laws and resolutions Avhich it may deem proper relating to other matters of public interest. 2. To discuss and approve the budgets of the revenues and ex- penses of the government. The said revenues and expenses, except such as will be mentioned hereafter, shall be included in annual budgets which shall be available only during the year for whicli they shall have been approved. The expenses of Congress, those of the administration of justice and those required to meet the interest and redemption of loans shall have, the same as the revenues with which they have to be paid, the character of permanent and shall be included in a fixed budget wdiich shall remain in force until changed by special laws. 3. To contract loans, with the obligation. hoAvever, of providing j^ennanent revenues for the payment of the interest and redemption thereof. All measures relating to loans shall require the vote of two thirds of the total number of the members of each house. 4. To coin money, fixing the standard, weight, value and denomi- nation thereof. ."■). To regulate the system of weights and measures. (). To make provisions for regulating and developing internal and foreign commerce. 7. To regulate the services of communications and ^ railroads, roads, canals and harbors, creating those required by public con- venience. ^ The Diario de Sesiones and El Libro del ciudadano cubano has " of railway com- niunications.'' 162 CONSTITUTIONS OF THE STATES AT WAR. 8. To levy such taxes and imposts of national character as may be necessary for the needs of the government. 9. To establish rules and proceedings for obtaining naturali- zation. 10. To grant amnesties. 11. To fix the strength of the land and naval forces and provide for their organization. 12. To declare war and approve treaties of peace negotiated by the President of the Republic. 13. To designate, b}^ means of a special law, the official who shall act as President of the Republic in case of death, resignation, re- moval, or supervenient inability of the President and Vice-Presi- dent. Art. 60. Congress shall not attach to appropriation bills any pro- vision tending to make changes or reforms in the legislation or in the administration of the government; nor shall it diminish or abolish revenues of permanent character without creating at the same time new revenues to take their place, except in case that the decrease or abolition depend upon the decrease or abolition of the equivalent permanent expenses. Nor shall Congress appropriate for any service to be provided for in the annual budget a larger sum of money than that recommended in the estimates submitted by the government; but Congress may by means of special laws create new services and reform or give greater scope to those already existing. SECTION VI. INITIATIVE. PREPARATION, APPROVAL AND PROMULGATION OF LAWS. Art. 61. The right to initiate legislation is vested Avithout distinc- tion in both houses of Congress. Art. 62. Every bill passed by the two houses and every resolu- tion of the same which has to be executed by the President of the Republic shall be submitted to him for approval. If they are ap- proved, they shall be signed at once by the President. If they are not approved, they shall be returned by the President, with his objec- tions, to the house in which they originated, which shall enter said objections upon its journal and engage again in the discussion of the subject. If after this new discussion two thirds of the total number of the members of the house vote in favor of the bill or resolution as origi- nally passed, the latter shall be referred' with the objections of the President, to the other house, where it shall be also discussed, and if the measure is approved there by the same majority it shall be- come a law. In all these cases the vote shall be by yeas and nays. CUBA. 163 If within ten working days immediately following the sending of the bill or resolution to the President, the latter fails to return it, it shall be considered approved and shall become law. If within the last ten days of a session of Congress a bill is sent to the President of the Republic, and he wishes to take advantage of the whole time granted him in the foregoing paragraph for the purposes of approval or disapproval, he shall acquaint the Congress with his desire, so as to cause it to remain in session, if it so wishes, until the end of the ten days. The failure by the President to do so shall cause the bill to be considered approved and become a law. No bill totally rejected by one house shall be discussed again in the same session. Art. G3. Every law shall be promulgated within ten days next fol- lowing its approval by either the President or the Congress, as the case may be, under the provisions of the preceding article. Title YII. — The Executive Power. section i. the exercise of the executive power. Art. 64. The executive power ^ shall be vested in the President of the Republic. SECTION II. THE PRESIDENT OF THE REPUBLIC, HIS POWERS AND DUTIES. Art. 65. To be President of the Republic it is required : 1. To be a Cuban by birth or naturalization, and in the latter case to have served in the Cuban armies in the wars of independence for at least ten years. 2. To be over 40 years of age. 3. To be in the full enjoyment of civil and political rights. Art. 66. The President of the Republic shall be elected by presi- dential electors on the same da}^, in the manner provided by law. The term of office shall be four years, and no one shall be President for three consecutive terms. Art. 67. The President, before entering on the discharge of the duties of his office, shall take oath or affirmation before the Supreme Court of Justice to faithfully discharge his duties and comply and cause others to comply wath the Constitution and the laws. Art. 68. The President of the Republic shall have the following powers and duties : 1. To approve and promulgate the laws, and to obey and cause others to obey their provisions. To enact, if Congress has not done so, such rules and regulations as may be necessary for the proper ' Organic Law (on the executive power) of 26 January 1909. 164 CONSTITUTIONS OF THE STATES AT WAR. execution of the laws ; and to issue all orders or decrees which may be conducive to the same purpose or to any other purposes of govern- ment and the administration thereof in the Republic, provided that in no case the said orders or decrees are at variance with the provi- sions of the law. 2. To call Congress, or the Senate alone, to meet in extra session in the cases set forth in the Constitution, or when in his opinion the meeting may be necessary. 3. He shall adjourn Congress, when no agreement can be reached between the two houses on the question of adjournment. 4. To transmit to Congress at the beginning of each session, and whenever he may deem it advisable, a message relating to the acts of his administration, showing the general condition of the affairs of the Republic, and recommending the adoption of such laws and measures as he may deem necessary or advisable. 5. To submit to Congress through either one of the houses, before 15 November, a draft of the annual budget. 6. To furnish Congress all the information desired by it on every matter of business which does not require secrecy. 7. To conduct all diplomatic negotiations and conclude treaties with foreign nations, provided that these treaties be submitted for approval of the Senate, without which requisite they shall be neither valid nor binding upon the Republic. 8. To freely appoint and remove the secretaries of State, giving Congress information of his action. 9. To appoint, with the approval of the Senate, the Chief Justice and the associate justices of the Supreme Court, and the diplomatic and consular agents of the Republic. If the vacancy occurs at a time in which the Senate is not in session, he shall have power to make the appointment of said functionaries ad interim. 10. To appoint all other public officers recognized bj^ law, whose appointment is not entrusted to some other authority. 11. To suspend the exercise of the rights enumerated in Article 40 of the Constitution in the cases and in the manner set forth in Articles 41 and 42. 12. To suspend the resolutions passed by the provincial and municipal councils in the cases and in the manner set forth in this Constitution. 13. To order the suspension of the governors of provinces in case they exceed their powers or violate the laws; but in these cases he shall report the fact to the Senate, in the manner and form deter- mined by law, for such action as may be proper. 14. To prefer charges against the governors of provinces in the cases set forth in No. 3 of Article 47. CUBA. 165 15. To «>:rant pardons accordiiifj to the provisions of law. except in the case of public functionaries convicted for wrongs done in the exercise of their functions. 16. To receive diplomatic representatives and admit consular agents of other nations. 17. To dispose of the land and sea forces of the Republic as commander-in-chief of the same. To provide for the defense of the national territory, reporting to Congress what he may have done on the subject. To provide for the preservation of peace and public order in the interior of the country. If there is danger of invasion, or of any rebellion breaking out and gravely threatening the public safety. Congress not being in session at the time, the President shall call it to convene without delay for such action as may be deemed proper. Art. 69. The President shall not leave the territory of the Republic without the permission of Congress. Art. 70. The President shall be responsible before the Supreme Court for the common offenses he may commit during his term of office, but he shall not be prosecuted without previous permission of the Senate. Art. 71. Tlie President shall receive from the State a salary which may be changed at any time, but the change shall not go into effect until the next following presidential term. Title VIII. — The Vice-President or the Republic. Art. 72. There shall be a Vice-President of the Republic, who shall be elected in the same manner and for the same period of time as the President, and jointly with him. To be Vice-President the same qualifications set forth in this Constitution to be President shall be lequired. "Art. 73. The Vice-President of the Republic shall be the president of the Senate, but he shall vote only in case that the votes of the senators are equally divided. Art. 74, In case of temporary or permanent absence of the Presi- dent of the Republic, the Vice-President shall act in his place. If the absence is permanent, the Acting President shall continue in office until the end of the presidential term. Art. 75. The Vice-President shall receive from the State a salary which may be changed at any time, but the change shall not go into effect until the next following presidential term. Title IX. — The Secretaries of State. Art. 76. For the transaction of the executive business, the Presi- dent of the Republic shall have as many secretaries of State as the law may determine, and no one shall be a secretary of State who 166 CONSTITUTIONS OF THE STATES AT WAE. is not a Cuban citizen in the full enjoyment of his civil and political rights. Art. 77. All decrees, orders and decisions of the President of the Republic shall be countersigned by the secretary of State to whom the matter corresponds. Without this signature no decree, order or decision of the President shall have binding force nor shall it be obeyed. Art. 78. The secretaries of State shall be personally responsible for the measures signed by them, and jointly and severally for the meas- ures agreed upon or authorized by them at a cabinet meeting. This responsibility does not exclude the personal and direct responsibility of the President of the Republic. Art. 79. The secretaries of State shall be impeachable before the Senate by the Chamber of Representatives in the cases mentioned in No. 2 of Article 47. Art. 80. The secretaries of State shall receive from the State a salary which may be changed at any time, but the change shall not go into effect until the next following presidential term. Title X. — The Judicial Power. SECTION I. THE EXERCISE OF THE JUDICIAL POWER. Art. 81. The judicial power ^ is vested in a Supreme Court of Jus- tice and in all the other tribunals which may be established by law. The law shall regulate the respective organization and powers of these tribunals, the manner of exercising their powers, and the quali- fications required of the judicial functionaries. SECTION II. — -THE SUPREME COURT OF JUSTICE. Art. 82. To be Chief Justice or associate justice of the Supreme Court it is required : 1. To be a Cuban by birth. 2. To be over 35 years of age. 3. To be in the full enjoyment of civil and political rights, and not to have been condemned to any corporal punishment for common offenses. 4. To have in addition to the foregoing qualifications any one of the following: To have practiced in Cuba, during ten years at least, the profes- sion of lawyer ; or have discharged for the same length of time judi- cial functions ; or have taught law for the same number of years in an official establishment. 1 Organic Law (on the judicial power) of 27 January 1909. CUBA. 167 The followino" persons are also eligible for the positions of Chief Jnstice or associate justices of the Supreme Court, even if not having the (jualifications set forth in Nos. 1, 2 and 8 of this article: a. Those who have served in the judiciary for the time deter- mined by law in a position of equal or immediately inferior category. />. Those who, previous to the promulgation of this Constitution, served as justices of the Supreme Court of the Island of Cuba. The time of service in the judiciary shall be computed as time of practice of law for the purpose of qualifying the lawyers to be appointed justices of the Supreme Court. Art. 83. The Supreme Court shall have the following attributions, in addition to those already vested or hereafter to be vested in it: 1. To take cognizance of cases on a writ of error. 2. To decide conflicts of jurisdiction between courts immediately inferior to it, or not having a common superior. 3. To take cognizance of the cases to which the State on the one side and the provinces or municipalities on the other are parties. 4. To decide as to the constitutionality of the laws, decrees and regulations when a question to that effect is raised by any party. SECTION III. GENERAL RULES REGARDING THE ADMINISTRATION OF JUSTICE. Art. 84. Justice shall be administered gratuitously throughout the entire territory of the Republic. Art. 85. The courts shall take cognizance of all cases, whether civil, criminal, or between the government and private parties. Art. 86. No judicial commissions or extraordinary tribunals, no matter under what name, shall ever be created. Art, 8T. No functionary of the judicial order shall be suspended or removed from his office except for crime or some other grave cause, fully proven, and always after being heard. Nor shall he be trans- ferred without his consent to any other place, unless it is for the manifest benefit of the public service. Art. 88. All judicial functionaries shall be personally responsible, in the manner and form determined by law, for the violations of law which they may conmiit. Art. 80. The salaries of judicial functionaries shall not be changed except at the end of periods of more than five years, and by means of a law. The law, hoAvever, shall not give different salaries to posi- tions whose rank, category and functions are equal. Art. 90. The courts for the forces of land and sea shall be governed b}' a special organic law.^ ' Code of Military Procedure of 27 January 1909. 168 CONSTITUTIONS OF THE STATES AT WAE. Title XI. — The Provincial Government. SECTION I. GENERAL PROVISIONS. Art. 91. A province consists of the municipal districts established within its limits. Art. 92. Each province shall have a governor and a provincial council elected directly by the people, in the manner and form estab- lished by law.^ The number of councilors in each province shall not be less than eight nor more than tAventy. SECTION II. THE PROVINCIAL COUNCILS AND THEIR ATTRIBUTIONS. Art. 93. The provincial councils shall have power : 1. To resolve upon matters concerning the provinces which, under the Constitution, treaties or laws, are not within the general jurisdiction of the State or the exclusive jurisdiction of the mu- nicipal councils. 2. To frame the budget of their expenses, providing at the same time for the necessary revenue to meet them, provided that this is done in a manner not inconsistent with the system of taxation adopted by the State. 3. To contract loans for public works of provincial interest, pro- vided that at the same time sufficient revenue is raised to meet the payment of interest and principal when due. "^Such loans shall not be carried into effect unless they are ap- l^roved by two thirds of the municipal councils of the provinces. 4. To impeach before the Senate the governor of their respective province, in the cases set forth in No. 3 of Article 4T. Avhen two thirds of the total number of provincial councilors decide in secret session that this should be done. 5. To appoint and remove, according to law, the provincial em- ployees. Art. 94. The provincial councils shall have no power to diminish or abolish revenue of permanent character without creating at the same time some other revenue to take its place, except in case that the decrease or suppression are due to the decrease or suppression of equivalent permanent expenses. Art. 95. The resolutions of the provincial councils shall be sent to the governor of the province. If approved, they shall be signed by him; if not, they shall be returned with his objections to the council, wherein the subject shall be again discussed. If after the second discussion the resolution is approved by two thirds of the total number of councilors it shall become a laAv. ^ Organic Law (on provinces) of 2 June 1908. CUBA. 169 If the governor does not return the resohition within ten daj^s from the date of reference, it shall be considered approved and shall become a law. Art. 96. The resolutions of the provincial councils may be sus- pended by the governor of the province or by the President of the Republic, whenever, in their opinion, they are contrary to the Consti- tution, the laws, or any resolutions passed by the municipal councils in due exercise of their functions; but the right to take cog-nizance of and pass upon the claims which may arise out of the said suspension shall be reserved to the courts of justice. Art. 97. Neither' the provincial councils nor any section or com- mittee, selected from their members or from persons not members thereof, shall intervene in matters belonging to any class of elections^ Art. 98. The provincial councilors shall be personally responsible before the courts in the manner determined by law for whatever may be done by them in the exercise of their functions. section III. THE GOVERNORS OF PROVINCES AND THEIR ATTRIBUTIONS. Art. 99. The governors of provinces shall have the following powers : 1. To comply and cause others to comply, as far as their prov- inces are concerned, with the laws, decrees and general rules and rerzulations of the nation. 2. To publish such resolutions of the provincial councils as have force of law, and comply and cause others to comply with them. 3. To issue orders, instructions and rules for the proper execu- tion of the resolutions of the provincial council, if the latter has not done so already. 4. To call the provincial councils to convene in extra session whenever in his own judgment the same may be necessary. The subjects to be discussed in this session shall be set forth in the call. 5. To suspend the resolutions of the provincial and municipal councils in the cases set forth in this Constitution. G. To order the suspension of maj^ors, in case they have exceeded their powders, violated the Constitution or the laws, acted in contra- vention to the resolutions of the provincial councils, or failed to do their duty. The suspension shall be reported to the provincial coun- cil in the manner and form established by law. 7. To appoint and remove the employees of their offices in the manner provided by law. Art. 100. The governors shall be responsible before the Senate in the cases set forth in this Constitution, and before the courts of jus- tice, according to the provisions of the law, in all other classes of offenses. 88381—19 12 170 COlSrSTITUTIONS OF THE STATES AT WAR. Art. 101. The governors shall receive from the provincial treasury a salary which may be changed at any time, but the change shall not take effect until after the election of a new governor is held. Art. 102. In case of temporary or permanent vacancy of the posi- tion of governor of the province, the president of the provincial coun- cil shall act in his place. If the vacancy is permanent, the acting governor shall continue in the discharge of his duties as ,such until the end of the term. Title XII. — The MLT^IGIPAL GovernmejS't. SECTION I. GENERAL PROVISIONS. Art. 103. The municipal districts shall be governed by municipal councils, consisting of aldermen or councilors directlj'- elected by the people, in the number and in the manner provided by law.^ Art. 104. There shall be in each municipal district a mayor elected by the people by direct vote in the manner and form established by law. SECTION II. THE MUNICIPAL COUNCILS AND THEIR ATTRIBUTIONS. Art. 105. The municipal councils shall have power : 1. To resolve on all matters exclusively relating to their own municipal districts. 2. To prepare the budget of their expenses, providing at the same time the necessary revenue to meet them, on condition, however, that this is done in a manner consistent with the general system of taxation of the Republic. 3. To resolve on the negotiation of loans, providing at the same time the permanent revenue necessary to meet the interest and principal when due. In order that these loans may be carried into effect, they shall have to be approved by two thirds of the electors of the municipal district. 4. To appoint and remove the municipal employees in the man- ner established by law. Art. 106. The municipal councils shall not decrease or suppress any revenues of permanent character without establishing at the same time some other revenues which may take their place, except in case the decrease or suppression is due to the decrease or suppres- sion of the equivalent permanent expense. Art. 107. The resolutions of the municipal councils shall be re- ferred to the mayor. If approved by him, they shall be authorized with his signature; if not, they shall be returned with his objections 1 Organic Law (on municipal districts) of 29 May 1908. CUBA. 171 to the municipal council, wherein they shall be again discussed. If. after a second discussion, two thirds of the total number of coun- cilors vote in favor of the resolution, it shall become a law. When the mayor does not return the resolution, within ten days after the date of reference, it shall be considered approved and become a law. Art. 108. The resolutions of the municipal councils may be sus- pended by the mayor, the governor of the province, or the President of the Republic, when in their opinion they are contrary to the Con- stitution, the treaties, the laws, or the resolutions passed by the provincial councils within the sphere of their powers. But the right to take cognizance and pass upon the claims which may arise out of said suspension shall be reserved to the courts of justice. Art. 109. The members of the municipal councils shall be per- sonally responsible before. the courts of justice, in the manner and form established by law, for the acts done by them in the per- formance of their duties. SECTION III. THE MAYORS AND THEIR ATTRIBUTIONS AND DUTIES. Art. 110. Mayors shall have power: 1. To publish such resolutions of the municipal councils as may have force of law, and execute and cause the same to be executed. 2. To administer the municipal affairs, issuing orders and in- structions as Avell as rules for the better execution of the resolutions of the municipal councils, whenever the latter ma}^ fail to do so. 3. To appoint and remove the employees of their respective offices in the manner provided by law. Art. 111. Mayors shall be personally responsible before the courts of justice, in the manner prescribed by law, for all acts performed by them in the discharge of their functions. Art. 112. Each mayor shall receive a salary, to be paid by the municipal treasury, which may be changed at any time; but such change shall pot take effect until after a new election for mayor has been held. Art. 113. In case of vacancy, either temporary or permanent, of the office of mayor, the president of the municipal council shall act as mayor. Should the absence be permanent, the substitute shall act until the end of the term for which the mayor was elected. Title XIII. — -The National Treasury. Art. 111. All property existing within the territory of the Repub- lic not belonging to provinces, municipalities or private individuals or corporations shall belong to the State. 172 CONSTITUTIONS OF THE STATES AT WAK. Title XIV. — Amendments ro the Constitution. Art. 115. The Constitution shall not be amended, in whole or in part, except by resolution passed hj two thirds of thei total number of members of each house of Congress. Six months after the resolution to amend the Constitution has been passed, a Constitutional Convention shall be called to assemble, for the exclusive and specific purpose of either approving or reject- ing the amendment. Each house shall, in the meantime, continue to perform its duties with absolute independence of the Convention. Delegates to the said Convention shall be elected by each province at the rate of one for every 50,000 inhabitants, in the manner that may be provided by law. TRANSITORY PROVISIONS. First. The Republic of Cuba does not recognize any other debts or obligations than those legitimately contracted in favor of the revolution by commanders of bodies of the liberating army, subse- quent to 24 February 1895 and prior to 19 September of the same year, on which date the Jimaguayu Constitution was promulgated; and the debts and obligations contracted afterwards by the revolu- tionary government, either by itself or through its legitimate repre- sentatives in foreign countries. Congress shall examine said debts and obligations and decide upon the payment of those which are found legitimate. Second. Persons born in Cuba, or children of native-born Cubans, who, at the time of the promulgation of this Constitution, are citi- zens of any foreign nation, shall not enjoy the rights of Cuban nationality without first renouncing expressly their foreign citi- zenship. Third. The time of service of foreigners in the wars of independ- ence of Cuba shall be counted as time of naturalization and resi- dence, for the acquisition of the right granted to naturalized citi- zens in Article 49. Fourth. The basis of population established in relation to the election of representatives in Congress, and of delegates to the Con- stitutional Convention, in Articles 48 and 115, may be changed by law, whenever, in the judgment of Congress, the change becomes necessary through the increase in the number of inhabitants, shown by censuses to be periodically taken. Fifth. At the time of the first organization of the Senate, the senators shall be divided into two groups for the purpose of their renewal. Those forming the first group shall cease in their duties at the expiration of the fourth year, and those forming the second group CUBA. 173 at the expiration of the eighth year. It shall be decided by lot which of the two senators from each province shall belong to either group. The law shall provide the method to be followed in the formation of the two groups into which the Chamber of Representatives shall be divided for the purpose of its partial renewal. Sixth. Ninety days after the promulgation of the electoral law, which shall be framed and adopted by the Constitutional Convention, an election shall be held of the public functionaries provided by the Constitution, to whom the transfer of the government of Cuba, in conformit}^ with the provisions of Order No. 301 of Headquarters, Division of Cuba, dated 25 July 1900, is to be made. Seventh. All laws, decrees, regulations, orders and other provi- sions which may be in force at the time of the promulgation of this Constitution shall continue to be observed, in so far as they do not conflict with the said Constitution, until legally revoked or amended. APPENDIX OF 12 JUNE 1901.^ [Preamble.] The Constitutional Convention, acting in conformity with the order of the Military Governor of the Island, of 25 July 1900, by which it was called to assemble, resolves to attach, and does hereby attach to the Constitution of the Republic of Cuba adopted on 21 February ultimo, the following Appendix. Article 1. The government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any way authorize or permit any foreign Power or Powers to obtain by colonization or for military or naval purposes, or otherwise, lodg- ment in or control over any portion of said island. Art. 2. That said government shall not assume or contract any public debt to pay the interest upon which, and to make reasonable sinking-fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of government, shall be inadequate. Art. 3. That the government of Cuba consents that the United States may exercise the right to intervene - for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property and individual liberty, and for dis- charging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba. ^ See above, p. 151, note 4. 2 This right was exercised in August 1906, when an insurrection broke out, the pro- visional government being undertaken by a United States Commission, which relinquished its office on 24 January 1909. » 174 CONSTITUTIONS OF THE STATES AT WAR. Art. 4, That all acts of tlie United States in Cuba during its military occuj^ancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected. Art. 5. That the government of Cuba will execute, and, as far as necessary, extend the plans already devised, or other plans to be mutually agreed upon, for the sanitation of the cities of the Island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and com- merce of Cuba, as well as to the commerce of the southern ports of the United States and the people residing therein. Art. 6. That the Isle of Pines shall be omitted from the pro- posed constitutional boundaries of Cuba, the title thereto being left to future adjustment bj^ treaty. Art. 7. That to enable the United States to maintain the in- dependence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations, at cer- tain specified points, to be agreed upon with the President of the United States.^ Art. 8. That, by way of further assurance, the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States.^ ^ Under treaties signed 2 July 1903, the United States has coaling stations in the Bay of GuantSnamo and Bahia Honda, for which $2,000 is paid annually. 2 See above, p. 151, note 3. EGYPT. On 13 February 1841 (21 Dulkaada 1256), Egypt became the hereditary possession of the Sultan of the Ottoman Empire. In 18G6 and 1867 imperial firmans extended the attributions of the Khedive so as to give him absolute power to do whatever was neces- sary for the internal administration of Egypt. An Assembly was established to deliberate upon the domestic interests of the country and a regulation in 61 articles determining the attributions of the Assembly was promulgated by the Khedive 20 November 1866.^ In 1883 the British government undertook the political and administra- tive reorganization of the country and on 1 May an Organic Law was promulgated by the Khedive creating a number of representative institutions, including a Legislative Council, a General Assembly and Provincial Councils.^ But these bodies were mainly consultative and the Khedive and his ministers retained most of the legislative power. An electoral law in 46 articles was promulgated the same date (24 Jornada I 1300) . These two laws were replaced ^ in July 1913 by the present Organic and Electoral Laws, by which for the Legislative Council and General Assembly was substituted a new body called the Legislative Assembly.* ORGANIC LAW OF 21 JULY 1913.^ [Preamble.] We, Khedive of Egypt, Whereas it is Our desire to endow Our country with an enlightened system of government, which, w^hile assuring good administration, the protection of the liberty of the individual and the development of progress and civilization, shall be specially adapted to the country ; 1 French text in Staatsarchiv, 41 (no. 7741). 2 French text is in the BrUlsli and Foreign State Papers, 74 : pp. 1095-1103, and F. R. Dareste et p. Dareste, Les Constitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 346-3o<;!. 8 See Article 54 below. * These introductory paragraphs are based upon Dareste, op. cit., pp. 345-346, and The Statesman's Year Book (1918). = Translation taken from the British Parliamentary Paper Egypt, No. SA {1913) (Lon- don, 1913) [Cd. 6878], which also contains a translation of the Electoral Law of the same date. French text with the commentary of (he British Consul-General at Cairo in the British and Foreign State Papers, 106 : pp. 917-941. The date of the Khedive's de- cree is 1 July 1913 (26 Rajah 1331), but the law did not come into force until 21 July (see Article 55). 175 176 CONSTITUTIONS OF THE STATES AT WAE. Whereas such a result can only be obtained by the loyal cooperation of all classes and the coordination of all interests with a view to the calm and considered development of a system of government which, without being a servile, imitation of Western methods, shall be capa- ble of advancing the prosperity of the Egyptian people ; And whereas it is consequently Our intention to introduce amend- ments into the Organic Law with the object of improving Our legis- lative system, substituting for the present Organic Laws, Laws the objects of which are the fusion in a single Assembly of the Legislative Council and the General Assembly, the adoption of a wider and more rational method of election, the increase of the number of representa- tives entrusted with a share in the process of legislation, the grant to the new Assembly, and the organization of a procedure of con- sultation and initiative such as shall enable Our government to profit to a greater extent by the opinions and suggestions of the new Assembly with reference to the management of the internal affairs of Hereby decree : Part I. * Article 1. There shall be : 1. A Legislative Assembly ; and 2. A Provincial Council in each moodirieh.^ Part II. — Composition of the Legislative Assembly. Art, 2. The Legislative Assembly shall be composed of ex officio members, of elected members and of nominated members. The ministers shall be ex officio members. There shall be sixty-six elected members, one of whom shall be elected by the Assembly as vice-president. These members shall be elected in accordance with the forms and conditions prescribed by the Electoral Law. There shall be seventeen nominated members, that is to say, a presi- dent, a vice-president and fifteen members, chosen with a view to ■securing the representation of minorities and interests not repre- .-sented by the elected portion of the Assembly. The elected and nominated members shall be entitled to an allow- ance. A decree promulgated at the instance of Our Council of Ministers shall determine the composition of the Legislative Assembly after the election. ^ That is, in each province. EGYPT. 177 Art. 3. The seats of the elected members shall be assigned as follows : ^ Cairo 4 Alexandria 3 Gharbieb 7 Menoufieh 5 Dakalieli 5 Beliera 5 Sliarkieli 5 Kalioubieli 3 Gizeh 3 Beni-Souef 2 Fayoum 6 Minieh 4 Assiut 5 Girgeb 4 Kena 4 Assuan 1 Port Said and Ismailia 1 Suez 1 Damietta 1 The fifteen members to be nominated by the government shall be chosen in such a way as to assure to the different classes of the popu- lation a minimum representation in the Assembly according to the following table : Copts 4 Arab Bedouins 3 Business men 2 Medical men 2 Engineer 1 Representative of general or religious education 1 Representative of the municipalities 1 Art. 4. The mandate of the nominated and elected members of the Legislative Assembly shall last six years. The nominated and elected members shall respectively be renewed by thirds every two years. The first partial renewal of the General Assembly shall take place after a period of two years and the second after a period of four years. The selection of the outgoing members shall be made by lot. The same rules shall apply in the case of the renewal of the Assembly as a whole. Art. 5. The members of the Legislative Assembly shall, at the first sitting or before acting in their office, take an oath of fidelity to Our Person and of obedience to the laws of the land. ^ The spelling of these proper names has been made to conform to Fiink and Wagnalls New Standard Dictionary of the English Language (New York and London, 1915.) 178 CONSTITUTIONS OF THE STATES AT WAK. Art. 6. Except for the cases of forfeiture mentioned in the Elec- toral Law, members of the Assembly shall only be deprived of their office by decree issued at the instance of Our Council of Ministers in pursuance of a resolution passed by the Assembly by a three- quarters majority. Art. 7. In the case of a seat in the Assembly becoming vacant, a new election shall take place or a new member be nominated, as the case may be, within three months at the latest. The mandate of the new member shall last only until the expiry of the mandate of the member whom he replaces. Art. 8. The Legislative Assembly may be dissolved by Us at any time by decree issued at the instance of Our Council of Ministers. In case of dissolution, the new nominations and elections shall take place within three months. The selection of the members to go out at the first and second partial renewals of the new Assembly shall be made by lot. Such partial renewals shall always take place in the month of January following the completion of the period of two years fixed by Article 4. Part III. — Powers and Attributions of the Legislative Assembly. Art. 9. No law shall be promulgated without having been pre- viously submitted to the Legislative Assembly for its opinion. All measures respecting the internal affairs of Egypt which relate to the organization of authority in the State or affect the civil or political rights of the generality of its inhabitants, as well as all decrees regulating matters of public administration, shall be con- sidered as " laws." All other measures may lawfully be taken under decrees promul- gated by Us on the advice of Our Council of Ministers. Art. 10. No law or decree shall be promulgated without being countersigned by the president of the Council of Ministers and the ministers concerned. Art. 11. The Assembly shall possess the right of initiating legis- lation except as concerns the constitutional laws. When the Assembly has been seized by one or more of its members of a bill, it shall decide at a public sitting whether or not it shall be taken into consideration. In the case of its being taken into consideration, the proposed text shall be submitted to a committee and shall thereafter be examined by the Assembly sitting in committee. In the case of approval, the bill shall be transmitted to the Council of Ministers. If the Council approves the bill, it shall send it back to the As- sembly with or without amendments, in order that it may there be dealt with according to the usual forms. In the contrary event, the EGYPT. 179 Council of Ministers shall notify the Assembly of the reasons for its decision. Such reasons shall not be made the ground of any discus- sion. In no case shall the bill be discussed by the Assembly at a public sitting without having been previously approved by the Council of Ministers. Art. 12. AVhen the Legislative Assembly is seized by the govern- ment of a bill, it may accept it v^^ithout amendment, it may amend it, or it may reject it. Art. 13. If tlie government does not agree with the Assembly, it shall send back the bill, together with a statement of its views. The Assembly mny discuss the explanations of the government, and if it persists in its disagreement, a conference shall take place between the Council of Ministers and the Assembly, sitting in committee. Art. 14. If the conference does not result in an agreement, the examination of the bill under consideration shall be adjourned for a period of fifteen days. At the end of such period the bill shall again be submitted to the Assembly, either in its original form, or with such alterations as the government considers it advisable to make in it; so, nevertheless, that the government shall not depart from the prin- ciple of the original bill or from that of the amendments which have been introduced into it. Art. 15. If after the adjournment provided for in Article 14 the Assembly and the government are still in disagreement, the latter may either dissolve the Assembly, or may promulgate the law in the form in which it last put it forw^ard, or with such modifications as it may think right to accept. The government shall inform the Assembly of the reasons which have led it to disregard the opinion of the Assembly. Art. 16. In the event of the dissolution of the Legislative As- sembly, under the provisions of Article 15, on account of the con- tinuance of disagreement between the government and the Assembly, the bill which has given rise to such disagreement may be submitted to the new Assembly at its first sitting, and shall in that case take precedence of all questions except the budget. The bill thus sub- mitted shall be considered as a new bill and shall be examined in the ordinary manner. Art. 17. No new direct tax, land tax, or personal tax, shall be imposed in Egypt Avithout having been discussed and voted by the Legislative Assembly. Art. 18. The Legislative Assembly shall be asked for its opinion as to : 1. Every public loan. 2. Every general scheme for the construction or suppression of canals, drains, or railways which affects several provinces. 180 CONSTITUTIONS OF THE STATES AT WAK. 3. The general classification of the land in the country, from the point of view of the land tax. The government shall, if the case arises, communicate to the As- sembly the reasons for which it has not accepted its opinion. Art. 19. The Legislative Assembly may express opinions or pass resolutions, either spontaneously or upon a request from the govern- ment, relating to matters or bills submitted for its consideration. The matters on which the Assembly may spontaneously express opinions and pass resolutions as regards the internal affairs of Egypt are economic, administrative and financial matters. The government shall, if the case arises, communicate to the As- serhbly the reasons for which it has not accepted any opinion ex- pressed or resolution passed by it. Art. 20. The services of the civil list, the tribute, and the public debt, and, generally, the charges and obligations resulting from the law of liquidation or from international agreements, as well as questions concerning foreign Powers and the relations of Egypt with them shall not be made the subject of any decision, discussion, obser- vation, or representation. Questions relating to the nomination, promotion, transfer, prosecu- tion, or dismissal of a public servant, or of any person entrusted with a public duty, or with any other measure affecting any such public servant or persons in his individual capacity, shall equally be outside the competence of the Assembly. Art. 21. Every resolution passed by the Legislative Assembly which is not in conformity with the provisions of the present Law shall be null and void. Art. 22. The general budget of revenue and expenditure shall be communicated to the Legislative Assembly one month at least before the end of the financial year. The Legislative Assembly may express opinions, submit observa- tions, or pass resolutions on any section of the budget except those referring to questions mentioned in Article 19. Such opinions, observations, or resolutions shall be transmitted to the Minister of Finance, who shall, if the case arises, give his reasons for the rejection of the suggestions of the Assembly. The Legislative Assembly shall have the right to discuss the ex- planations thus furnished and to formulate new observations. Art. 23. In any event the budget shall be put into force by decree issued at the instance of our Council of Ministers five days before the end of the financial year at the latest. During the month following the publication of the budget, the Ministry of Finance shall furnish the Legislative Assembly with reasons as to any new observations which have not been accepted. EGYPT. 181 Art. 24. The general accounts of the Department of Finance drawn up for the past financial year shall be presented annually to the Legislative Assembly for its opinion, observations and criticisms four months at least before the introduction of the new budget. Art. 25. Every Egyptian may address Us by petition. Such petitions shall be forw^arded to the president of the Legis- lative Assembly and shall after examination by the Assembly be rejected or taken into consideration. All petitions which are taken into consideration shall be sent, for such action as the case may call for, to the minister concerned, who shall inform the Assembly of the action taken. Art. 27. The members of the Legislative Assembly shall be en- titled to put questions to ministers with regard to administrative matters of general interest, subject to the following conditions: 1. They shall at least five days in advance send to the secre- tariat of the Legislative Assembly a written notice containing the entire text of the question. Nevertheless, in case of urgency, and with the approval of the president of the Assembly and of the minister concerned, a question may be put after twenty-four hours' notice in writing. 2. The president of the Legislative Assembly, sitting with the two vice-presidents, shall reject or return for modification any ques- tion which in his opinion contains improper expressions or personal attacks, or is of a nature to provoke animosity between the different elements of the population, as also any question affecting the rela- tions and arrangements with the Powers. Art. 28. The ministers or their representatives shall reply to the questions thus asked; they may, nevertheless, refuse to reply to a question if they consider that to do so would be contrary to the pub- lic interest. Art. 29. The replies of the ministers or of their representatives shall not be made the subject of any discussion. Nevertheless, the members of the Assembly shall have the right, with the approval of the president, of putting supplementary questions, but only with a view^ to elucidating points raised by the ministerial reply. Part IV. — The Procedure or the Legislative Assembly. Art. 30. The Legislative Assembly shall meet annually on 1 No- vember, and shall continue its session till the end of May the follow- ing year. It may also be summoned by Us whenever circumstances require it to meet. 182 CONSTITUTIONS OF THE STATES AT WAR. Neither ordinary nor extraordinary sessions shall terminate until the Legislative Assembly has communicated to the government its opinion on all the questions submitted to it. Art. 31. Ministers shall have the right to be assisted or represented for special matters by high officials of their department. Art. 32. The sittings of the Legislative Assembly shall be public, subject to the provisions of such standing orders as the Assembly shall pass with respect thereto. Conferences with the Council of Ministers and meetings of the Assembly when sitting in committee shall not be public. Art. 33. The Legislative Assembly can not take valid decisions unless two thirds at least of its members, excluding those on regular leave of absence, are present. Except when a three-quarters majority is required, resolutions shall be passed by majority of votes. When the votes are equally divided, the president shall have a casting vote. Votes shall not be given by proxy. Voting shall be open, unless the Assembly decides in the public interest that it shall be by ballot. Art. 31. The president of the Legislative Assembly shall appoint the staff required for the despatch of the business of the Assembly. Part V. — Attributions of Provincial Councils. Art. 35. — a. The Provincial Council may vote temporary taxes in the moodirieh to cover expenditure for public purposes, including education. It may assign the whole of these taxes to education. Within a limit of 5 per cent, of the whole total of the land tax in the moodi- rieh, the decision of the Council shall be final, both with regard to its imposition and to its allocation, and shall form the subject of a decree. In the event of the Council exceeding this limit, its decision as regards the excess shall not be final until it has been approved b}^ the government and sanctioned by decree. The rules regarding public money shall apply to the levy, safe- keeping and expenditure of the proceeds of the taxes in question. The Council shall have the right to control the expenditure of all that portion of the proceeds of which it has not disposed directly, whether by virtue of the present Law or some other law. 6. Except as provided for in the annual budget, which shall be voted by the Council for a period of twelve months, commencing on 1 January, and be approved by the Minister of the Interior, no pay- ment out of the funds destined to be spent directly by the Council EGYPT. 183 shall be made without the special authority of the Minister of the Interior. ('. The Ministry of Finance has the right to inspect and verify the accounts of the Provincial Councils. d. The Council may, through its president, demand from the public services of the moodirieh full information on the subject of the work for which they are responsible. Art. 36, Independently of the attributions conferred on it by the express provisions of the present Law or of any other law, the Coun- cil may be consulted by the moodir or by any minister on any ques- tion as to which the moodir or minister thinks it expedient to obtain its opinion. The Council may, further, submit spontaneously to the moodir, or through the latter to any minister, or to the Council of Ministers, representations on the subject of the general needs of the province, and notably on the subject of agriculture, irrigation, means of communication, public security, public health and education. Nevertheless : a. The Provincial Council shall not be competent to take cogni- zance of any question coming within the scope of the local commis- sions or of the mixed local commissions set up in the moodirieh, 6. The Provincial Council shall not deliberate on the appoint- ment, transfer, discipline, or dismissal of public servants. Art. 37. — 1. The preliminary opinion of the Provincial Council shall be necessary as to the following questions : (1) The alteration of the boundaries of the moodirieh; (2) The establishment or suppression of a local connnission within the moodirieh; (3) The establishment, transfer, or suppression of government schools or hospitals and public cemeteries; (4) The purchase, sale, exchange, construction, repairing, or change in the purpose for which buildings and immovable property belonging to the State in the moodirieh are used ; (5) The application of a law to a bandar or village in the moodirieh or the decision to apply it no longer; (6) The regulation of the application of a law in a bandar or village in the moodirieh; (7) Alterations in administrative and judicial circumscrip- tions in the moodirieh; (8) Alterations in the boundaries of the bandars or villages; the creation of new villages; the suppression of villages existing in the moodirieh; (9) The construction of agricultural railways in the moodirieh and the fixing of their route; (10) The grant of concessions in the moodirieh either to com- panies or private individuals. 184 CONSTITUTIONS OF THE STATES AT WAE. 2. The consent of the Provincial Council shall be obligatory as regards the following measures, before any steps are taken to exe- cute them : a. The promulgation, modification, or abrogation by the moodir of a local regulation, whether for the whole or a part of the mood- irieh, or for certain bandars or villages of the moodirieh. h. The application of an order or regulation to a bandar or village, or the decision to apply to the order no longer. c. The regulation of the application of an order or regulation in a bandar or village of the moodirieh. Nevertheless, the provisions of Sections «, h and c (supra) shall not apply to provisional orders and regulations enacted or applied in the case of an epidemic or other circumstances having an urgent character. In this case the moodir shall at the first meeting of the Council inform it of the reasons for which its consent has been dis- pensed with. In the same way the said provisions shall not apply to questions coming within the scope of a local commission or of a mixed local commission of the moodirieh, or to measures provided for by a law on which the Legislative Assembly has expressed its opinion. Art. 38. There shall be submitted to the Provincial Council for its opinion the annual program of the Ministry of Public Works, con- cerning the following matters : a. The construction of canals and public drains. b. The cleaning out of canals and public drains. In the case of the Ministry of Public Works judging it neces- sary to modify in any way a resolution of the Provincial Council, it must consult the Council on the modification. c. The rotation of irrigation during low water. Nevertheless, the fact of submitting to the Council the program of rotation shall not deprive the Ministry of Public Works and its agents of the right to modify the order of rotation, in case of urgency, without first asking the opinion of the Provincial Council. In this case the Council, at its first meeting, shall be informed of the reasons which have led to the modification. Art. 39. From the coming into force of the present Law, no fair or market shall be held at any place in the moodirieh where it was not held periodically before this date, unless authority has pre- viously been given by the moodirieh, with the consent of the Pro- vincial Council. Fairs and markets held in breach of the provisions of the present article shall be closed by the moodir by administrative service. Nevertheless : a. The present article shall not be applicable to markets estab- lished by virtue of a concession granted before the entering into force of the present Law ; EGYPT. lb 5 b. No authorization shall be accorded under the present article contrary to the terms of a concession already granted; c. No authorization granted under the present article shall dis- pense with the obligation to conform with all sanitary or other regulations in force in fairs or markets. Art. 40. — a. The Provincial Council shall fix, subject to the ap- proval of the Ministry of the Interior, the number of ghaffirs neces- sary to guard each bandar or village in the moodirieh, except those having a local commission or a mixed local commission; it shall also determine the different classes of ghaffirs ; h. The Council shall fix, under the same conditions, the wages of the ghaffirs. taking into consideration the rate of wages current in the different parts of the moodirieh; G. If, before 1 January of each year the Council has not altered the number of ghaffirs in any bandar or village, or the rate of their wages, the number of ghaffirs employed in the bandar or village and the rate of their wages shall remain the same as in the preceding year. Nevertheless, the Ministry of the Interior may, after having" taken the opinion of the Council, increase the number of ghaffirs in an}' bandar or village, if the increase appears to him necessary in the interests of public security. d. A committee of the Provincial Council shall be appointed an- nually to decide without appeal the claiiiis formulated against the apportioning between the various dwellings of the sum necessary for the maintenance of the ghaffirs in a bandar or village other than those possessing a local commission or a mixed local commission. Art. 41. — 1. The Provincial Council shall have the following at- tributions as regards ezbehs: a. No ezbeh shall be constructed in a province without the prior authorization of the moodirieh given wnth the assent of the Provin- cial Council. The Council shall take into consideration the area of the lands belonging to the petitioner in the place where the ezbeh has bee a constructed, the number of persons employed in the cultivation of these lands, the distance between the said lands and any village or other locality where lodging could be found and the possibility of arranging in a satisfactory manner for the protection of the ezbeh without excessive expense. Requests for authority to construct an ezbeh must be accom- panied by a plan of the spot, a plan of the buildings, and by all other information required to enable the Council to arrive at a decision, in accordance with the provisions of the present article. h. The Council may at any time decide to demolish an ezbeh, even an authorized one, if it serves habitually as a refuge for per- sons of bad character or if criminals find asylum therein. 88381—19 13 186 CONSTITUTIONS OF THE STATES AT WAR. c. The Council may decide to demolish any ezbeh constructed without authority, either before or after the coming into force of the present Law, if the provision of watchmen is too difficult or costly, having regard to the number of its inhabitants and their conditions of existence. Nevertheless : a. No decision shall be taken by virtue of paragraphs 6 and c of this article until the owner of the ezbeh has been invited to express his views before the Council or before a committee of the Council, nor without the approval of the Council of Ministers; h. No authorization shall be given for the construction of an ezbeh within 100 metres of the embankment of the Nile, or a public drain, or a cemetery, or within 300 metres of a birket situated to the north of the site proposed for the ezbeh or within 200 metres of any other birket; c. Any refusal to grant authorization shall be subject to an ap- peal before the Minister of the Interior. 2. If an ezbeh has been constructed, or the construction of an ezbeh is undertaken, without the authority of the moodir or the Minister of the Interior, in the case of appeal the administration may proceed to demolish the ezbeh before its completion, or within six months of its completion. The moodir shall have its demolition proceeded with by adminis- trative service. The expenses of demolition shall be recovered from the owner of the ezbeh or the owner of the land on which the ezbeh was being constructed in the form prescribed by the Decree of 25 March 1880. Art. 42. In addition to the development of elementary education (including training in agriculture and handicraft), the Council is empowered to supervise the development in the moodirieh of educa- tion in all its branches and grades in the following manner : a. It may decide to establish or acquire schools in the moodirieh, and provide for their management, and shall have all the powers necessary for the purpose. h. Independently of schools thus established or acquired, the Council may equally take over the control of any other school in the moodirieh and arrange for its management, provided that the alloca- tion of buildings to the needs of education is permanently guaranteed and that the effective control of the school is secured to the Council by the conditions stipulated in the act of transfer. c. In order to establish a uniform system in the whole moodi- rieh, the Council may issue regulations and schemes for the manage- ment of schools of different categories, besides those established, acquired, or managed in conformity with the preceding paragraph; it may confer the title of " recognized schools " on schools managed EGYPT. 187 in conformity with the said regidations and the OAvners or managers of which submit to the conditions hiid down on the subject. d. It may associate with itself four persons at the most, chosen from those particularly interested in education in the moodirieh, who shall be present to give their advice at the meetings held by the Council for the purpose of deciding questions connected with educa- tion, and in the case of the institution of a committee for education such persons shall be members of it ex o-fjiclo. The mandate of the said persons shall be for two years; it is renewable. e. The Council may set up committees composed of members of its own body or of the persons interested in education in the mood- irieh. These communities shall be entrusted each with the manage- ment of one or more schools. The Council shall define their powers itself. /. It may accept gifts of money, which are destined, or real property, the revenues of which are destined, to the needs of educa- tion in the moodirieh generall}' or in stated localities. It may also accept subscriptions presented for special objects coming within the scope of the Council in matters of education; in this case the subscriptions shall be spent in accordance w' ith the conditions of the gift. (J. Seventy per cent, of the total of the taxes destined for educa- tion shall be appropriated by the Council for elementary education, including training in agricult\ire and handicraft. The thirty per cent, remaining shall be used for the benefit of primarj^ education and that of higher grades. In the exercise of powers conferred by the present article the Council shall observe as far as possible the general principles con- tained in any general regulation promulgated by a law or an order of the Minister of Public Education. Art. -is. The Council shall, within a reasonable period from the day on which it was notified thereof, examine any question sub- mitted to it under the present law or any other law, and express its opinion. If the Provincial Council refuses to express its opinion, or if it does not express it within a reasonable time, the Council of Ministers may decide to dispense with it. Part VI. — Composition and Procedure of Provincial Councils. Art. 44. The Provincial Councils shall be composed as follows : Each Council shall consist of two ropresentalives of each markaz of the moodirieh, elected by the elector-delegate of the villages in the markaz. 188 CONSTITUTIONS OF THE STATES AT WAR. The two representatives must be domiciled in the circumscription of the markaz which they represent. For the purposes of this provision : 1. The capital of a moodirieh with its own administrative organ- ization shall be considered as forming part of the markaz in the circumscription of which it is situated. 2. Every markaz, the population of which does not exceed 20,000 inhabitants, and every administrative subdivision of a moodirieh not forming a markaz, shall be amalgamated with other markazes by order issued by the Minister of the Interior with the assent of the Council of Ministers. The moodir shall be the president of the Provincial Council, and, if absent or prevented from attending, he shall be replaced by the sub-moodir. The Provincial Councils thus constituted shall be considered to be corporations. They shall be represented by the moodir for the pur- pose of the exercise of the powers and the carrying out of the duties assigned to them. Art. 45. The representatives of the markazes in the Provincial Councils shall be elected for four years. One representative of each markaz shall retire every two years in turn. The retiring members of the Council shall continue to perform their duties until the appointment of their successors. They may be reelected. Art. 46. In the case of a seat of a member of a Provincial Council becoming vacant, a new election shall take place within three months at the outside. The mandate of the new member shall last only until the expiration of the mandate of the member he replaces. Art. 47. Each newly-elected member of the Provincial Council ghall, before he enters upon his duties, take before the moodir the oath of fidelity to the Khedive and of obedience to the laws of the country. Art. 48. Every member of a Provincial Council who, without rea- son considered by the Council as sufficient, shall be absent during three consecutive sessions shall be declared by the Council to have forfeited his seat. By " session " is understood one or more consecutive sittings held by virtue of a single summons. Except for the cases of forfeiture of seats provided for by the Electoral Law, the members of the Provincial Council shall not be dismissed save by decree issued at the instance of Our Council of Ministers on a resolution passed by the Provincial Council by a three-quarters majority. Art. 49. The Provincial Councils shall assemble at the times fixed by their standing orders, or otherwise when summoned by the moodir. EGYPT. ^ 189 The inoodir may at any time summon the Council to a special sitting, and it shall be obligatory for him to do so whenever a written demand to this effect is made to him, signed by at least one third of the members of the Council. Excepting members of the Provincial Council, no one may be pres- ent at the sittings of the Council or at those of its committees without being invited by the Council or moodir for the better elucidation of the questions under discussion. Nevertheless, each minister may appoint one or more delegates to be present at those sittings of the Provincial Council or its commit- tees at which questions relating to a service under his department are to be discussed. These delegates shall take part in discussions with- out voting. The moodir. or the sub-moodir for him, shall be an ^'.w officio mem- ber of all the committees of the Council. He shall preside over every sitting at which he is present. The sittings of the Council shall not be in order unless the number of members present exceeds one half. Decisions shall be taken by a majority of votes, and in case of an equal division the president shall have a casting vote. The Minister of the Interior may enact, by order approved by the Council of Ministers, regulations of general application for the working of the Provincial Councils. While complying with the general regulations, each Provincial Council may, with the approval of the Minister of the Interior, draw up its own standing orders. Art. 50. The dissolution of a Provincial Council may be pro- nounced at any time by a decree stating the reasons for this course. In this case there shall be a fresh election within three months from the date of dissolution. Part VII. — Interpretation. Art. 51. All questions arising as to the interpretation of the pres- ent Law shall be decided definitively by a special commission com- posed of two ministers, one of whom shall be the Minister of Justice, who shall preside, and the other of whom shall be nominated by the Council of Ministers, of two members of the Legislative Assembly chosen by that Assembly, and of the president, the vice-president and the senior judge of the Native Court of Appeal. Part VIII. — Miscellaneous and Transitory Provisions. Art. 52. The first partial renewal of the Legislative Assembly shall take place in January 1916, the second in January 1918, and the third in January 1920. 190 coisrsTiTUTiOiSrs of the states at war. The selection of the members to go out at the first and second renewals shall be made by lot. Art. 53. The existing members of the Provincial Councils shall remain in office until their mandate runs out. Nevertheless, in order to secure the retirement of half of the members every second year as required by Article 45, the representative whose mandate would normally run out at the end of 1916 shall only remain in office until the end of 1915. Art. 54. The Organic Law of 1 May 1883, as successively amended by the decree of 29 September 1883, and by Laws Nos. 3, 18 and 22 of 1909, Law No. 2 of 1911 and Law No. 7 of 1912, is hereby re- pealed, as are all provisions of laws, decrees, superior orders or regu- lations which are in conflict with the provisions of the present Law. Art. 55. Our ministers are charged, each so far as he is concerned therein, with the execution of the present law, which shall come into force as from the date of its publication in the O-fftcial Journal, The Law shall, in addition, be placarded in all towns and villages throughout Egypt.^ ^ Here follow the signatures of the Khedive Abbas Hilmi and the six ministers. FRANCE. Since 1789 France has undergone numerous changes in govern- ment, and each change has been embodied in constitutional docu- ments. It will suffice here to enumerate the several constitutions which were in force before the definite establishment of the Third Republic : 1. The Constitution of 3 September 1791 established a limited monarchy, but disappeared Avith the fall of the King in the suc- ceeding year. 2. The Republican Constitution of 24 June 1793 had not been put in force before the fall of the Jacobins who framed it, and was disregarded by those who succeeded to their power. 3. The Constitution of 22 August 1795 vested the executive power in five Directors, and the legislative power in a Council of Five Hundred and a Council of Ancients. It represents the conservative reaction from the Jacobin principles of 1793. 4. The usurpations of the Directory and the coup d'etat of 9 No- vember 1799 put an end to the Constitution of 1795. Under the Constitution of 13 December 1799 Napoleon gained as First Consul the supreme executive power to which he aspired. 5. The senatus-consulta of 2 and '4 August 1802 proclaimed Na- poleon First Consul for life with extended powers, and on 18 May 1804 the Consulate Avas replaced by the Empire. The Constitu- tion was altered by several other less important acts between 1804 and 1814. Intimately connected with the first Imperial Constitution is the Additional Act of 22 April 1815, which by its liberal principles attempted to outbid the Bourbon Charter of 1814; the Additional Act disappeared with the defeat of Napoleon at Waterloo. 6. Upon the restoration of the Bourbons the Constitutional Charter of 4 June 1814^ was issued by Louis XVIII; with this Constitution was first established the parliamentary system with ministerial re- sponsibility; the legislature was composed of two houses, one ap- pointive, the other elective, but with a very limited electorate. 7. The Constitution of 14 August 1830^ and the organic laws of 1831 came as a result of the July revolution of 1830. The Consti- tution of 1814 remained almost unchanged, except for a limited ex- tension of the suffrage and the abolition of hereditary peerages. 1 French text in the British and Foreign State Papers, 1 : pp. 960-966. 2 French text in the British and Foreign State Papers, 17 : pp. 1013-1018. 191 192 CONSTITUTIONS OF THE STATES AT WAR. 8. The Republican Constitution of 4 November 1848 ^ introduced universal suffrage, with an unicameral legislature, and an elective president chosen for four years and ineligible to succeed himself. 9. The Constitution of 14 January 1852 ^ extended for 10 years the power of Louis Napoleon Bonaparte as President of the Re- public; the senatus-consultum of 7 November,^ ratified by the pleb- iscite of 21 and 22 November 1852, reestablished the Empire. Be- tween 1852 and 1870 the Constitution was altered by numerous senatus-cons'ulta, the most important of which was that of 8 Septem- ber 1869, establishing ministerial responsibility. 10. The senatus-consultum of 21 May 1870, a codification of con- stitutional changes since 1860, was really a new Imi3erial Consti- tution, and was submitted to a vote of the people as such. 11. Imperial institutions in France were now destined to be of short duration; the Empire disappeared on 4 September 1870, ^yhen news reached Paris of the French disaster at Sedan. The Govern- ment of the National Defense, which succeeded the Empire, gave way in February, 1871, to a National Assembly which chose Thiers chief •of the executive power of the French Republic. For two years after 1871 nothing was done by the National As- sembly toward the permanent establishment of the Republic. In fact the majority of the Assembly were monarchists; the overthrow of Thiers and the election of Marshal de MacMahon as President were considered the first steps toward the restoration of monarchy, but the attitude of the Comte de Chambord wrecked the hopes of his supporters. Definite steps toward a constitutional organization were not taken until hope of a restoration of the Bourbons had disap- peared. Even after the failure to reestablish the Monarchy the majority of the National Assembly hoped to prevent the permanent establish- ment of the Republic. But the provisional organization of the Gov- ernment could not continue forever, nor could the Assembly, elected to meet the national crisis of 1871, expect much longer to remain in power. The constitutional and organic laws were finally enacted in 1875, and the elections of 1876 proved that the people of France were ready to support republican institutions. In addition to these laws, some subsequent laws bearing upon constitutional matters have been included here.* * French' text in the British and Foreign State Papers, 36 : pp. 1072-1085. ^ French text in the British and Foreign State Papers, 41 : pp. 108.5-1090. 3 French text in the British and Foreign State Papers, 41 : pp. 1095-1098. * These introductory paragraphs are based upon W. F. Dodd, Modern Constitutions {Chicago, 1909), vol. i^ pp. 283-285. There is also a very good account in F. R. Daebste et p. Daeeste, Les Constitutions modernes (3d edition, Paris, 1910), vol. i, pp. 1-9. FRANCE. 193 CONSTITUTIONAL LAW OF 25 FEBRUARY 1875.^ On the OnoANizATiON of the Public Powers, Article 1. The legislative power shall be exercised by two assem- blies : The Chamber of Deputies and the Senate. The Chamber of Deputies shall be elected by universal suffrage, under the conditions determined by the electoral law.^ The composition, the method of election and the attributions of the Senate shall be regulated by a special law.^ Art. 2. The President of the Republic shall be chosen by an abso- lute majority of votes of the Senate and Chamber of Deputies united in National Assembly. He shall be elected for seven years. He shall be eligible for reelection. Art. 3. The President of the Republic shall have the initiative of laws, concurrently with the members of the two houses. He shall promulgate the laws when they have been voted by the two houses*; he shall look after and secure their execution. He shall have the right of pardon; amnesty may only be granted by law.^ . He shall dispose of the armed force. He shall appoint to all civil and military positions. He shall preside over State functions; envoys and ambassadors of foreign powers shall be accredited to him. Every act of the President of the Republic shall be countersigned by a minister. Art. 4. As vacancies occur on and after the promulgation of the present law, the President of the Republic shall appoint, in the Council of Ministers, the councilors of State yi regular service. The councilors of State thus chosen may be dismissed only by decree rendered in the Council of Ministers." 1 Promulgated in the Journal offlciel of 28 February 1875. Translation of this and the following laws based upon Dodd, op. cit., pp. 286-288, which in turn was based upon the translation by C. F. A. Currier in the Supplement to the Annals of the American Academy of Political and Social Science, March, 189S (Philadelphia, 1893), and in Foreign Constitutions [The Convention Manual of the Sixth New York State Constitutional Convention, 189li, part 2, vol. 3] (Albany, 1894), pp. 230-255. French texts in D.\ueste, op. cit., pp. 10-37, and Paul Posener, Die Staatsverfa^sungen des Erdballs (Charlottenburg, 1909), pp. 564-587. 2 See Laws of 30 November 1875, 16 June 1885, 13 February 1889 and 17 July 1889, on pp. 203, 213, 214 and 215, respectively. 3 See Constitutional Law of 24 February 1875 and Laws of 2 August 1875 and 9 December 1884, on pp. 195, 198 and 210, respectively. ^ See Article 7 of the Constitutional Law of 16 July 1875 on p. 196. ^ The houses may, without amending the Constitution, decide that pardons granted by the President of the Republic shall, under certain conditions, produce all the effects of amnesty (Laws of 3 March 1879 and 11 July 1880). « The Council of State is now governed by the Laws of 24 May 1872 and 13 July 1879. Clause 3 of the above article has been omitted, because it ceased to have application after 1881. 194 coNSTiTUTioisrs or the states at wab. Art. 5. The President of the Eepublic may, with the advice of the Senate, dissolve the Chamber of Deputies before the legal expiration of its mandate. In that case the electoral colleges shall be assembled for new elec- tions within the space of 2 months, and the Chamber within the 10 days following the close of the elections.^ Art. 6. The ministers shall be collectively responsible to the houses for the general policy of the government, and individually for their personal acts. The President of the Eepublic shall be responsible only in case of high treason.^ Art. 7. In case of vacancy by death or for any other reason, the two houses assembled together shall proceed at once to the election of a new President.^ In the meantime the Council of Ministers shall be 'vested with the executive power. Art. 8. The houses shall have the right by separate resolutions, taken in each by an absolute majority of votes, either upon their own initiative or upon the request of the President of the Eepublic, to declare a revision of the constitutional laws necessary.* After each of the two houses shall have come to this decision, they shall meet together in National Assembly to proceed with the revision. The acts effecting revision of the constitutional laws, in whole or in part, shall be passed by an absolute majority of the members com- posing the National Assembly.^ The republican form of government shall not be made the sub- ject of a proposed revision.® Members of families that have reigned in France are ineligible to the Presidency of the Eepublic.® Art. 9.^ 1 As amended by Article 1 of the Constitutional Law of 14 August 1884. 2 See Article 12 of the Constitutional Law of 16 July 1875, on p. 197. 3 See Article 3 of the Constitutional Law of 16 July 1875, on p. 196. * Article 8 has been put into practice twice, in 1879 and in 1884. See the introductory paragraphs preceding this law. 5 The clause following this, concerning the presidency of Marshal de MacMahon, is now without object. 6 Added by Article 2 of the Constitutional Law of 14 August 1884. ^ Repealed by the Constitutional Law of 21 June 1879. Article 9 originally read : " The seat of the executive power and of the two houses shall be at Versailles." See Law of 22 July 1879, on p. 208. FRANCE. 195 CONSTITUTIONAL LAW OF 24 FEBRUARY 1875.^ On the Organization of the Senate. Articles 1-T.- Art. 8. The Senate shall have, concurrently with the Chamber of Deputies, the power to initiate and to pass laws. Money bills, how- ever, shall first be introduced in and passed by the Chamber of Deputies." Art. 9. The Senate may be constituted a court of justice to try either the President of the Republic or the ministers, and to take cognizance of attacks made upon the safety of the State.* Art. 10. Elections to the Senate shall take place one month before the time fixed by the National Assembly for its own dissolution. The Senate shall organize and enter upon its duties the same day that the National Assembly is dissolved. Art. 11. The present law shall be promulgated onh- after the passage of the law on the public powers. CONSTITUTIONAL LAW OF 16 JULY 1875.^ On the Relations of the Public Powers. Article 1. The Senate and the Chamber of Deputies shall assemble each year on the second Tuesday of January, unless convened earlier by the President of the Republic. The two houses shall continue in session at least five months each year. The sessions of the two houses shall begin and end at the same time.® Art. 2. The President of the Republic pronounces the closing of the session. He may convene the houses in extraordinary session. He shall convene them if, during the recess, an absolute majority of the members of each house request it. The President may adjourn the houses. The adjournment, how- ever, shall not exceed one month, nor take place more than twice in the same session. 1 Promulgated in the Journal offlciel of 28 February 1875. See above, p. 193, note 1. ■•'These seven, articles, concerning the composition of the Senate and of the electoral body which names the senators, were deprived of their constitutional character by Article 3 of the Law of 14 August 1884 and were repealed by Article 9 of the Law of 9 Decem- ber 1884. See below, pp. 198 and 213, respectively. 3 This text is an almost literal reproduction of Article 15 of the Charter of 1830, which in turn was borrowed from the Charter of 1814 (Articles 17 and 47). The Senate and the Chamber since 1876 have frequently been in disagreement upon the interpretation to be given to Article 8, the former maintaining that no exception for money bills is made to the general principle of the equality of the two houses in the passage of laws, the latter claiming exclusive control of budgetary rights. * See below, p. 197, note 1. ^ Promulgated in the Journal offlciel of 18 July 1875. See above, p. 193, note 1. "The third paragraph of this article, repealed by Article 4 of the Law of 14 August 1884. prescribed public prayers on the Sunday following the convening of the houses. 196 coisrsTiTUTioisrs or the states at war. Art. 3. One month at least before the legal expiration of the powers of the President of the Republic, the houses shall be called together in National Assembly to proceed to the election of a new President. In default of a summons, this meeting shall take place, as of right, the fifteenth day before the expiration of these powers. In case of the death or resignation of the President of the Repub- lic, the two houses shall assemble immediately, as of right.^ In case the Chamber of Deputies, in consequence of Article 5 of the Law of 25 February 1875, is dissolved at the time when the Presidency of the Republic becomes vacant, the electoral colleges shall be convened at once, and the Senate shall assemble as of right. Art. 4. Every meeting of either of the two houses which shall be held at a time when the other is not in session is ipso facto illegal and void,^ except in the case provided for in the preceding article, and in case the Senate meets as a court of justice; in the latter case, judicial duties alone shall be performed. Art. 5. The sittings of the Senate and of the Chamber of Deputies shall be public. Nevertheless either house may meet in secret session, upon the request of a fixed number of its members, determined by the rules.^ It shall then decide by absolute majority whether the sitting shall be resumed in public upon the same subject. Art. 6. The President of the Republic communicates with the houses by messages, which shall be read from the tribune by a minister. The ministers shall have entrance to both houses, and shall be heard when they request it. They may be assisted, for the discussion of a specific bill, by commissioners named by decree of the President of the Republic. Art. 7. The President of the Republic shall promulgate the laws within the month following the transmission to the government of the law finally passed. He shall promulgate, within three days, laws the promulgation of which shall have been declared urgent by an express vote of each house.* Within the time fixed for promulgation the President of the Re- public may, by a message with reasons assigned, request of the two houses a new discussion, which can not be refused. Art. 8. The President of the Republic shall negotiate and ratify treaties. He shall give information regarding them to the houses as soon as the interests and safety of the State permit. 1 See Article 7 of the Constitutional Law of 25 February 1875, on p. 194. "^ See above, Paragraph 2 of Article 1. 2 The number of members required for such action is 5 for the Senate and 20 for the Chamber. * A decree of 6 April 1876 governs the formula of promulgation of laws. FRANCE. 197 Treaties of peace and of commerce, treaties which involve the finances of the State, those relating to the status of the persons and to the right of property of French citizens in foreign countries, shall be ratified only after having been voted by the two houses. No cession, exchange, or annexation of territory shall take place except b}^ virtue of a law. Art. 9. The President of the Eepublic shall not declare war with- out the previous consent of the two houses. Art. 10. Each house shall be the judge of the eligibility of it^ members and of the regularity of their election; it alone may receive their resignation. Art. 11. The bureau^ of each house shall be elected each year for the entire session, and for every extraordinary session which may be held before the regular session of the following year. When the two houses meet together as a National Assembly, their bureau shall be composed of the president, vice-presidents and secretaries of the Senate. Art. 12. The President of the Republic may be impeached only by the Chamber of Deputies and may be tried only by the Senate. The ministers may be impeached by the Chamber of Deputies for offenses committed in the performance of their duties. In this case they shall be tried by the Senate. The Senate may be constituted into a court of justice, by a decree of the President of the Republic issued in the Council of Ministers, to try all persons accused of attempts upon the safety of the State. If proceedings should have been begun in the regular courts, the decree convening the Senate may be issued at any time before the granting of a discharge. A law shall determine the method of procedure for the accusation, trial and judgment. - Art. 13. No member of either house shall be prosecuted or held responsible on account of any opinions expressed or votes cast by him in the performance of his duties.^ Art. 14. No member of either house shall, during the session, be prosecuted or arrested for any offense or misdemeanor, unless upon the authority of the house of which he is a member, except in the case of fagrante delicto. The detention or prosecution of a member of either house shall be suspended for the session, and for the entire term of the house, if the chamber requires it. ^ The bureau of the Senate consists of a president, 4 vice-presidents, 8 secretaries and 3 questors ; the bureau of the Chambers of Deputies has the same composition. » Law of 10 April 1889. * Article 41 of the Law of 29 July 1881 on the press develops and completes this provision. 198 CONSTITUTIONS OF THE STATES AT WAB. LAW OF 21 JUNE 1879.^ Revising Article 9 or the Constitutional Law of 25 February 1875. / Sole Article. Article 9 of the Constitutional Law of 25 February 1875 is repealed." LAW OF 14 AUGUST 1884.^ Partially Revising the Constitutional Laws.* Article 1. Paragraph 2 of Article 5 of the Constitutional Law of 25 February 1875, on the organization of the public powers, is amended as follows: In that case the electoral colleges shall meet for new elections within 2 months and the Chamber within the 10 clays following the close of the elections. Art, 2. To Paragraph 3 of Article 8 of the same law of 25 Feb- ruary 1785 is added the following: The republican form of government shall not be made the subject of a proposed revision. Members of families that have reigned in France are ineligible to the Presidencj- of the Republic. Art. 3. Articles 1 to 7 of the Constitutional Law of 24 February 1875, on the organization of the Senate, shall no longer have a con- stitutional character.^ Art. 4. Paragraph 3 of Article 1 of the Constitutional Law of 16 July 1875, on the relation of the public powers, is repealed. ORGANIC LAW OF 2 AUGUST 1875.« On the Election of Senators. Article 1. A decree of the President of the Republic, issued at least six weeks in advance, shall fix the day for the elections to the Senate, and at the saine time that for the choice of delegates of the municipal councils. There shall be an interval of at least one month between the choice of delegates and the election of senators. Art. 2. In each municipal council the election of delegates shall take place without debate and by secret ballot, by scrutin de liste and by an absolute majority of votes cast. ^ Promulgated in the Journal offlciel of 22 June 1879. 2 Tliis article fixed the seat of g-overnment at Versailles (see ahove, p. 194). The seat of government was removed from Versailles to Paris by a Law of 22 July 1879 (see below, p. 208). 2 Promulgated in the Journal offlciel of 15 August 1884. * The amendments to the constitutional laws have also been inserted in their proper places. 5 These articles were repealed by way of ordinary legislation on 9 December 1884 (see below, p. 213). •= Promulgated in the Journal offlciel of 13 August 1875. PRANCE. 199 After two ballots a plurality shall be sufficient, and in case of an equality of votes the oldest ig elected. The procedure and method shall be the same for the election of alternates. Councils having 1, 2 or 3 delegates to choose shall elect 1 alternate. Those choosing G or 9 delegates shall elect 2 alternates. These choosing 12 or 15 delegates shall elect 3 alternates. Those choosing 18 or 21 delegates shall elect 4 alternates. Those choosing 24 delegates shall elect 5 alternates. The municipal council of Paris shall elect 8 alternates- The alternates ,shall take the place of delegates in case of refusal or inability to serve, in the order determined by the number of votes received by each of them. The choice of the municipal councils shall not extend to a deputy, a general councilor or an arrondissement councilor. All communal electors, including the municipal councilors, shall be eligible without distinction.^ Art. 3. In communes where the duties of the municipal council are performed by a special delegation organized by virtue of Article 44 of the Law of 5 April 1884, the senatorial delegates and alternates shall be chosen by the former council.^ Art. 4. If the delegates were not present at the election, notice shall be given them by the mayor within 24 hours. They shall, within 5 days, notify the prefect of their acceptance. In case of refusal or silence, they shall be replaced by the alternates, who shall then be placed upon the list as the delegates of the commune.^ Art. 5. The official report of the election of delegates and alter- nates shall be transmitted at once to the prefect; it shall state the acceptance or refusal of the delegates and alternates, as well as the protests raised, by one or more members of the municipal council, against the legality of the election. A copy of this official report shall be posted on the door of the town hall.^ Art. 6. A statement of the results of the election of delegates and alternates shall be drawn up within a week by the prefect; this statement shall be given to all requesting it, and may be copied and published. Every elector may, at the bureau of the prefecture, obtain in- formation and a copy of the list, by communes, of the municipal councilors of the department, and, at the bureaus of the subpre- fectures, information and a copy of the list, by communes, of the municipal councilors of the arrondissement. ^ As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The original text provided that each municipal council elect one delegate and one alternate. 2 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The amendments of Articles 4 and 5 merely substitute "delegates" and "alternates" for "delegate" and "alternate." 200 CONSTITUTIONS OF THE STATES AT WAR. Art. 7. Every communal elector may, within the next three days, address directly to the prefect a protest against the regularity of the election. If the prefect deems the proceedings irregular, he may request that they be set aside. Art. 8. Protects concerning the election of delegates or of alter- nates shall be decided, subject to an appeal to the Council of State, by the council of the prefecture, and, in the colonies, by the privy council. Delegates whose election is annulled because they do not fulfill some one of the conditions demanded by law, or on account of infor- mality, shall be replaced by the alternates. In case the election of a delegate and of an alternate is annulled, or in the case of the refusal or death of both of them after their ac- ceptance, new elections shall be held by the municipal council on a day fixed by an order of the prefect.^ Art. 9. One week, at the latest, before the election of senators, the prefect, and, in the colonies, the director of the interior, shall arrange the list of the electors of the department in alphabetical order. The list shall be communicated to all who request it, and may be copied and published. No elector shall have more than one vote. Art, 10. The deputies, the members of the general council, or of the arrondissement councils, whose elections have been announced by the returning committees, but whose powers have not been verified, shall be enrolled upon the list of electors and shall take part in the voting. Art. 11. In each of the three departments of Algeria the electoral college shall be composed: 1. Of the deputies. 2. Of the members of the general councils, of French citizenship. 3. Of delegates elected by the French members of each municipal council from among the communal electors of French citizenship. Art. 12. The electoral college shall be presided over by the presi- dent of the civil tribunal of the seat of government of the department or colony. In the Department of Ardennes it shall be presided over by the president of the tribunal of Charleville.^ The president shall be assisted by the two oldest and the two youngest electors present at the opening of the meeting. The bureau thus constituted shall choose a secretary from among the electors. If the president is prevented from presiding, his place shall be taken by the vice-president [of the civil tribunal] , and, in his absence, by the oldest judge. 1 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The amendment to this article merely substitutes " delegates " and " alternates " for " dele- gate " and " alternate." " This sentence was added by the Law of 1 February 1898. FBANCE. 201 Art. 13. The bureau shall divide the electors in alphabetical order into sections of at least 100 voters each. It shall appoint the presi- dent and inspectors of each of these sections. It shall decide all questions and contests which may arise in the course of the election, without power, however, to depart from the decisions rendered by virtue of Article 8 of the present law. Art. 14. The first ballot shall begin at 8 o'clock in the morning and close at noon. The second shall begin at 2 o'clock and close at 5 o'clock. The third shall begin at 7 o'clock and close at 10 o'clock. The results of the ballotings shall be canvassed by the bureau and announced immediately by the president of the electoral college.^ Art. 15. No one shall be elected senator on either of the first two ballots unless he receives (1) an absolute majority of the votes cast and (2) a number of votes equal to one-fourth of the total number of electors registered. On the third ballot a plurality shall be suffi- cient, and, in case of an equality of votes, the oldest is elected. Art. 1G. Political meetings for the nomination of senators may be held from the date of the promulgation of the decree summoning the electors up to the day of the election, inclusive. The declaration prescribed by Article 2 of the Law of 30 June 1 881 ^ shall be made by two voters at least. The forms and regidations of this article, as well as those of Article 3, shall be observed. The members of Parliament elected or electors in the department, the senatorial electors, delegates and alternates, and the candidates or their representatives may alone be present at these meetings. The municipal authorities shall see to it that no other person is admitted. Delegates and alternates shall present as a means of identification a certificate from the mayor of the commune; candidates or their representatives, a certificate from the official who shall have received the declaration mentioned in Paragraph 2.^ Art. 17. Delegates who take part in all the ballotings shall, if they demand it, receive from the State, upon the presentation of their letter of summons, countersigned by the president of the electoral college, a remuneration for traveling expenses, which shall be paid to them upon the same basis and in the same manner as that given to jurors by Articles 35, 90 and following of the decree of 18 June 1811. A public administrative regulation shall determine the manner of fixing the amount and the method of payment of this remunera- tion.* 1 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). 2 Law on the freedom of assembly. The Law of 28 March 1907 concerning public gatherings suppressed the formality of a previous declaration. * As amended by Article 8 of the Law of 9 December 1884 (see below, p. 213). * Decree of 26 December 1875. 88381—19 14 202 CONSTITUTION'S OF THE STATES AT WAR. Art. 18. Every delegate who, without lawful reason, shall not take part in all the ballotings, or, having been hindered, shall not have given notice to the alternate in sufficient time, shall, upon the demand of the public prosecutor, be fined 50 francs by the civil tribunal of the seat of government. The same penalty may be imposed upon the alternate who, after having been notified by letter, telegram, or notice personally delivered in due time, shall not have taken part in the election. Aet. 19. Every attempt at corruption or constraint by the employ- ment of means enumerated in Articles 177 and following of the Penal Code, to influence the vote of an elector or to keep him from voting, shall be punished by imprisonment of from three months to two years and by a fine of from 50 to 500 francs, or by either of these penalties. Article 463 of the Penal Code is applicable to the penalties pro- vided by the present article.^ Art. 20. There is incompatibility between the functions of senator ?ind those : Of councilor of State and maitre des requetes, prefect and sub- prefect, except the prefect of the Seine and the prefect of police. Of member of the courts of a^^peal ^ and of tribunals of first in- stance, except the public prosecutor before the court of Paris. Of paymaster general, of special receiver, of official and employee of the central administration of the ministries.^ Art. 21. No one of the following officers shall be elected by the department or the colony included wholly or partially in his juris- diction during the exercise of his duties or during the six months following the cessation of his duties by resignation, dismissal, change of residence or other cause : 1. The first presidents, presidents and members of the courts of appeal. 2. The presidents, vice-presidents, examining magitrates and members of the tribunals of first instance. 3. The prefect of police, prefects and subprefects and secretaries general of prefectures; the governors, directors of the interior and secretaries general of the colonies. 4. The engineers in chief and of the arrondissement and road surveyors in chief and of the arrondissment. 5. The rectors and inspectors of academies. 1 As amended by Article 8 of the Law of 9 December 1884 (see p. 213). 2 France is divided into 26 judicial districts, in each of which there is a court of appeal. There are similar courts in Algeria and the colonies. The Court of Cassation is the supreme court of appeal for all France, Algeria and the colonies. 3 This article was implicitly repealed by the Law of 26 December 1887 (see below, p. 214). By Article 3 of the Law of 16 November 1897, the governor and undergovernor of the Bank of France are ineligible as dejouties or senators. FRANCE. 203 G. The inspectors of primary schools. 7. Tlie archbishops, bishops and vicars general.^ 8. The officers of all grades of the land and naval forces. 9. The division commissaries and the military deputy commis- saries. 10. The paymasters general and special receivers of money. 11. The superintendents of direct and indirect taxes, of regis- tration and of public propert}^, and of posts. 12. The commissioner3 and inspectors of forests. Art. 22. A senator elected in several departments shall make known his choice to the president of the Senate within 10 days fol- lowing the verification of the elections. If a choice is not made in this time, the question shall be settled by lot in open session. The vacancy shall be filled within one month and by the same elec- toral body. The same holds true in case of an invalidated election. Art. 23. Vacancies caused by the death or resignation of senators shall be filled w^ithin three months; however, if the vacancy occurs within .six months preceding the triennial elections, it shall not be filled until those elections.- Arts. 24-25.^ Art. 26. Members of the Senate shall receive the same salaries as members of the Chamber of Deputies.* Art. 27. All provisions of the electoral law relating to the follow- ing matters are applicable to elections of senators: 1. To cases of unworthiness and incapacity. 2. To offenses, prosecutions and penalties. 3. To election proceedings, in all matters not contrary to the provisioi\s of the present law. Arts. 28-29.^ OEGANIC LAW OF 30 NOVEMBER 1875.*' On the Election of Deputies. Article 1. The deputies shall be chosen by the voters registered : 1. Upon the lists drawn up in accordance with the Law of 7 July 1874. 1 This clause was implicitly repealed by Article 2 of the Law of 9 December 1905 on the separation of Church and State. 2 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 213). 2 Articles 24 and 25 were repealed by Article 9 of the Law of 9 December 1884. ^ See Article 17 of the Organic Law of 30 November 1875, p. 207 below. ^ Articles 28 and 29 of this law contained transitory provisions. 8 Promulgated in the Journal officiel of 31 November 1875. This law has been amended or supplemented by the Laws of 16 June 1885, 13 February 1889 and 17 July 1889 (see below, pp. 213, 214 and 215, respectively). 204 CONSTITUTIONS OF THE STATES AT WAR. 2. Upon the supplementary list including those who have lived in the commune six months.^ Registration upon the supplementary list shall take place conform- ably to the laws and regulation^ now governing the political electoral lists, by the committees and according to the forms established bj^ Articles 1, 2 and 3 of the Law of 7 July 1874. Appeals relating to the formation and revision of either list shall be brought directly before the Civil Chamber of the Court of Cassa- tion.^ Art. 2. The soldiers of all ranks and grades, of both land and naval forces, shall not take part in any vote when they are with their regiment, at their post, or on duty. Those who, on election day, are in private residence, on the non-active list or in possession of a regular leave of absence, may vote in the commune on the lists of which they are duly registered. This last provision shall apply equally to officers on the unattached list or on the reserve list.^ Art. 3. During the electoral period, circulars and platforms signed by the candidates, electoral placards and manifestoes signed by one or more voters, may, after being deposited with the public prose- cutor, be posted and distributed without previous authorization. The distribution of ballots shall not be subject to the formality of deposit.* Every public or municipal officer is forbidden to distribute ballots, platforms or circulars of candidates. The provisions of Article 19 of the Organic Law of 2 August 1875 ^ on the election of senators shall apply to the election of deputies. Art. 4. The balloting shall last one day only. The voting shall occur in the chief town of the commune; each commune may never- theless be divided, by order of the prefect, into as many sections as local circumstances and the number of voters may require. The second ballot shall take place on the second Sunday following the announcement of the first ballot, in accordance with the provisions of Article 65 of the Law of 15 March 1849. Art. 5. The voting shall take place in accordance with the pro- visions of the organic and regulating decrees of 2 February 1852. The ballot shall be secret. ^ There is now only a single list, common to the political and municipal elections, since municipal electors are subject to only six months residence (Article 14 of the Law of 5 April 1884). 2 Here follows a transitory provision, concerning the electoral lists of 1875, omitted here. » See Article 9 of the Law of 21 March 1905. *The Law of 20 December 1878 dispensed with the formality of deposit of ballots in all elections. The printer was dispensed from the deposit of these ballots by the Law of 27 July 1881. = See above, p. 202. FRANCE. 205 The voting lists used at the elections in each section, signed by the president and secretary, shall remain deposited for one week at the secretary's office at the town hall, where they shall be communicated to every voter requesting them. Art. 6. Every voter shall be eligible, without any property quali- fication, at the age of 25 years.^ Art. T. No soldier or sailor in active service on land or sea may, ^^ hatever his rank or position, be elected a member of the Chamber of Deputies. This provision applies to soldiers and sailors on the unattached list or the inactive list, but does not extend to officers of the second section of the list of the general staff, nor to those who, kept in the first section for having been commander-in-chief in the field, have ceased to be actively emploj-ed, nor to officers who, having gained the right to retire, are sent to or kept at their homes while awaiting the settlement of their pension. The decision by which the officer shall have been permitted to establish his rights on the retired list shall become, in this case, irrevocable. The rule laid down in the first paragraph of the present article shall not apply to the reserve of the active army or to the territorial army. Art. 8. The exercise of public duties paid for out of the treasury of the State is incompatible with the office of deputy.- Consequently every official elected shall be superseded in his duties if, within one week following the verification of his powers, he has not signified that he does not accept the office of deputy. There are excepted from the preceding provisions the duties of minister, undersecretary of State, ambassador, minister plenipoten- tiary, prefect of the Seine, prefect of police, first president of the Court of Cassation, first president of the Court of Accounts, first president of the Court of Appeal of Paris, attorney general of the Court of Cassation, attorney general of the Court of Accounts, at- torney general of the Court of Appeal of Paris, archbishop and bishop, consistorial presiding pastor in consistorial districts the seat of government of which has two or more pastors, chief rabbi of the central consistory, chief rabbi of the consistory of Paris,^ 1 Exceptions to eligibility are to be found in the Laws of 16 June 1885, 22 June 1886, 17 July 1889 (see below, p. 215), 20 July 1895 and 21 March 1905. =* To these must be added the duties of administrator of concessionary companies of maritime postal service (Law of 28 June 1883, Article 10), administrators of railways (Law of 20 November 1883, Article 5) and governor and undergovernor of the Bank of France (Law of 17 November 1897, Article 3). 3 These religious officials were made ineligible for 8 years by Article 40 of the Law of 9 December 1905 on the separation of Church and State. 206 co]srsTiTUTiOjsis of the states at wak. Art. 9. There are also excepted from the provisions of Article 8 : 1. Titular professors of chairs which are filled by competition or upon the nomination of the bodies where the vacancy occurs. 2. Persons who have been charged with a temporary mission. All missions continuing more than six months cease to be temporary and are governed by Article 8 above. ^ Art. 10. The officer preserves the rights which he has acquired to a retiring pension, and may, after the expiration of his mandate, be restored to active service. The civil officer who, having had 20 years of service at the date of the acceptance of the mandate of deputy, shall be 50 years of age at the time of the expiration of his mandate, may establish his rights to an exceptional retiring pension. This pension shall be regulated according to the third paragraph of Article 12 of the Law of 9 June 1853.2 If the officer is restored to active service after the expiration of his mandate, the provisions of Article 3, Paragraph 2, and Article 28 of the Law of 9 June 1853 shall apply to him. In duties where the rank is distinct from the employment, the officer, by the acceptance of the mandate'of deputy, loses the employ- ment and preserves the rank only. Art. 11. Every deputy appointed or promoted to a salaried pub- lic position shall cease to belong to the Chamber by the very fact of his acceptance; but he may be reelected, if the office which he occu- pies is compatible with the mandate of deputy. Deputies who become ministers or undersecretaries of State shall not be required to seek reelection. Art. 12. The following officers shall not be elected by the arron- dissement or the colony included wholly or partially in their juris- diction, during the exercise of their duties or for six months follow- ing the cessation of their duties, because of resignation, dismissal, change of residence or any other cause : 1. The first presidents, presidents and members of the courts of appeal. 2, The presidents, vice-presidents, titular judges, examining magistrates and members of the tribunals of first instance, as well as titular justices of the peace.^ 1 See Law of 26 December 1SS7. 2 The Law of 29 March 1897 acTclecl that, for officials subject (as concerns the pension) to the Law of 22 August 1790, this pension shall be regulated at the rate of one thirtieth (per year of service) of the pension which would have been settled upon them for 30 years of service. The same law also makes these provisions applicable to the case provided for by the second paragraph of the sole article of the Law of 26 December 1887. 3 The Law of 30 March 1902 added the phrase "as well as titular justices of the peace." FRANCE. 207 3. The prefect of police, the prefects and secretaries general of prefectures; the governors, directors of the interior and secre- taries general of the colonies. 4. The engineers in chief and of the arrondissement and road surveyors in chief and of the arrondissement. 5. The rectors and inspectors of academies. 6. The inspectors of primary schools. 7. The archbishops, bishops and vicars general.^ 8. The paymasters general and special receivers of mone3^ 9. The superintendents of direct and indirect taxes, of registra- tion and of public property, and of posts. 10. The commissioners and inspectors of forests. The subprefects and councilors of the prefecture - shall not be elected in any of the arrondissements of the department in which they perform their duties. Art. 13. Every attempt to bind deputies by instructions is null and void. Art. 14.3 Art. 15. Deputies shall be chosen for four years. The Chamber shall be renewed integrally. Art. 16. In case of vacancy by death, resignation or otherwise, a new election shall be held within three months of the date when the vacancy occurred.^ In case of option.^ the vacancy shall be filled within one month. Art. 17. Deputies shall receive an indemnity. The legislative indemnity is fixed at fifteen thousand (15,000) francs •"' per j^ear, beginning with 1 January 1907. It is regulated b}^ the second paragraph of Article 96 and by Article 97 of the Law of 15 March 1849, as well as by the provisions of the Law of 16 February 1872. Art. 18. No one shall be elected on the first ballot unless he receives : 1. An absolute majority of the votes cast. 2. A number of votes equal to one-fourth of the number of voters registered. ^ Implicitly I'epealed by Article 40 of the Law of 9 December 1905 on the separation of Church and State. 2 The Law of 30 March 1902 added the phrase "and councilors of the prefecture." ^ This article was repealed by the Law of 16 June 1885 (see below, p. 213), which established the ballot by ticket (scnttin de Ustc) in place of the separate ballot (scrutin individuel) or system of single districts, but was reenacted almost word for word hy the Law of 13 February 1889, Article 2 (see below, p. 214). ^ See Article 7 of the Law of 16 June 1885, p. 214 below. 5 1, e., when a deputy has been elected, from two or more districts, and decides which one he will serve. 8 As amended by the Law of 23 November 1906 ; before the passage of this law deputies and senators received 9,000 francs per year. The Law of 16 February 1872 prohibits the adding of the indemnity to State salaries (plurality of offices). Article 96 of the Law of 15 March 1849 treats of the same subject. Article 97 permits the seizure of the entire indemnity. 208 CONSTITUTIONS OF THE STATES AT WAR, On the second ballot a plurality is suflicient. In case of an equality of votes, the oldest is elected.^ Art. 19.2 Art. 20. The voters living in Algeria in a place not yet made a commune shall be registered on the electoral list of the nearest commune. When it is necessary to establish electoral districts, either for the purpose of grouping mixed communes in each of which the number of voters is insufficient, or to bring together voters living in places not formed into communes, the decrees for fixing the seat of these districts shall be issued by the governor general, upon the report of the prefect or of the general commanding the division. Art. 21.3 Art. 22. Every violation of the prohibitive provisions of Article 3, Paragraph 3, of the present law shall be punished by a fine of from 16 francs to 300 francs. Nevertheless the criminal courts may apply Article 463 of the Penal Code. The provisions of Article 6 of the Law of 7 July 1874 shall apply to the political electoral lists.* The Decree of 29 January 1871 and the Laws of 10 April 1871, 2 May 1871 and 18 February 1873 are repealed. Paragraph 11 of Article 15 of the Organic Decree of 2 February 1852 is also repealed, in so far as it refers to the Law of 21 May 1836 on lotteries, reserving, however, to the courts the right to apply Article 42 of the Penal Code to convicted persons. The provisions of the laws and decrees now in force, not in conflict with the present law, shall continue to be applied. Art. 23. The provision of Article 12 of the present law by which an interval of six months must elapse between the cessation of duties and election shall not apply to officials other than prefects and subprefects, whose duties shall have ceased either before the promul- gation of the present law or within 20 days thereafter, LAW OF 22 JULY 1879.= On the Seat or the Executive Power and of the Two Houses AT Paris. Article 1. The seat of the executive power and of the two houses shall be at Paris. 1 This article should be considered as implicitly repealed by Article 5 of the Law of 16 June 1885 which repeats the terms of this article almost word for word. "^ This article, concerning; the representation of Algeria, was implicitly repealed bj; Article 3 of the Law of 13 February 1889 (see below, p. 214). s This article, concerning the representation of the colonies, was implicitly repealed by Article 3 of the Law of 13 February 1889 (see below, p. 214). *The Law of 7 July 1874 concerns the municipal electorate. Article 6 of that law punishes fraudulent registrations on the electoral lists. " Promulgated in the Journal of/iciel of 23 July 1879. FRANCE. 209 Art. 2. The Palace of the Luxemburg and the Palais-Bourbon are assigned, the first to the use of the Senate and the second to that of the Chamber of Deputies. Nevertheless each of the houses is authorized to choose, in the cit}' of Paris, the palace which it wishes to occup3\ Art. 3. The various parts of the palace of Versailles now occupied by the Senate and the Chamber of Deputies shall preserve their arrangements. Whenever, according to Articles 7 and 8 of the Law of 25 February 1875 on the organization of the public powers, a meeting of the National Assembly takes place, it shall sit at Versailles, in the pres- ent hall of the Chamber of Deputies. Whenever, according to Article 9 of the Law of 24 February 1875 on the organization of the Senate, and Article 12 of the Constitutional Law of 16 July 1875 on the relations of the public powers, the Senate shall be called upon to constitute itself a court of justice, it shall indicate the town and place where it proposes to sit. Art. 4. The Senate and Chamber of Deputies shall sit at Paris on and after 3 November next. Art. 5. The presidents of the Senate and of the Chamber of Deputies are charged with the duty of securing the internal and external safety of the houses over which they preside. For this purpose they shall have the right to call upon the armed forces and upon all the authorities whose assistance they consider necessary. Such requisitions may be addressed directly to all officers, com- manders or officials, who are bound to obey immediately, under the penalties established by the laws. The presidents of the Senate and of the Chamber of Deputies may delegate to the questors or to one of them their right of demand- ing aid. Art. 6. Every petition to either of the houses shall be made and presented only in writing. It is forbidden to present them in person or at the bar. Art. 7. Every violation of the preceding article, every provocation, by public speeches, by writings or printed matter, posted or dis- tributed, to a crowd upon the public ways, having for its object the discussion, drawing up or carrying to the houses or to one of them, of petitions, declarations or addresses, shall be punished by the penalties enumerated in Paragraph 1 of Article 5 of the Law of 7 June 1848, whether or not any results follow from such actions. Art. 8. The preceding provisions do not diminish the force of the Law of 7 June 1848 on riotous assemblies. Art. 9. Article 463 of the Penal Code is applicable to the offenses mentioned in the present law. 210 CONSTITUTIONS OF THE STATES AT WAE. LAW OF 9 DECEMBER 1884.^ Amending the Organic Laws on the Organization of the Senate AND TPiE Election of Senators. Article 1. The Senate shall be composed of 300 members, elected by the departments and the colonies. The present members, without any distinction between senators elected by the National Assembly or by the Senate and those elected by the departments and colonies, shall retain their offices during the time for which they have been chosen. Art. 2. The Department of the Seine shall elect 10 senators. The Department of the Nord shall elect 8 senators. The departments of C6tes-du-Nord, Finistere, Gironde, Ille-et- Vilaine, Loire, Loire-Inferieure, Pas-de-Calais, Rhone, Saone-et- Loire and Seine-Inf erieure shall elect 5 senators each. Aisne, Bouches-de-Rhone, Charente-Inferieure, Dordogne, Haute- Garonne, Isere, Maine-et-Loire, Manche, Morbihan, Puy-de-D6me, Seine-et-Oise and Somme shall elect 4 senators each. Ain, AUier, Ardeche, Ardennes, Aube, Aude, Aveyron, Calvados, Charente, Cher, Correze, Corse, Cote-d'Or, Creuse, Doubs, Drome, Eure, Eure-et-Loir, Gard, Gers, Herault, Indre, Indre-et-Loire, Jura, Landes, Loir-et-Cher, Haute-Loire, Loiret, Lot, Lot-et-Garonne, Marne, Haute-Marne, Mayenne, Meurthe-et-Moselle, Meuse, Nievre, Oise, Orne, Basses-Pyrenees, Haute-Saone, Sarthe, Savoie, Haute- Savoie, Seine-et-Marne, Deux-Sevres, Tarn, Var, Vendee, Vienne, Haute- Vienne, Vosges and Yonne shall elect 3 senators each. Basses-Alpes, Hautes-Alpes, Alpes-Maritimes, Ariege, Cantal, Lozere, Hautes-Pyrenees, Pyrenees-Orientales, Tarn-et-Garonne and Vaucluse shall elect 2 senators each. The territory of Belfort, the three departments of Algeria, the four colonies of Martinique, of Guadeloupe, of Reunion and of the French Indies shall elect 1 senator each.^ Art. 3. In the departments where the number of senators is in- creased by the present law, the increase shall take effect as vacancies occur among the irremovable senators. For this purpose, within a week after the vacancy occurs, it shall be determined by lot in public session what department shall be called upon to elect a senator. This election shall take place within three months of the deter- mination by lot. However, if the vacancy occurs within six months preceding the triennial election, the vacancy shall not be filled until that election. ^ Promulgated in the Journal offlciel of 10 December 1884. " This redistribution was not effective until after the death of the last irremovable senator (see Article 3 of this law). FRANCE. 211 The mandate thus conferred shall expire at the same time as that of the other senators belonging to the same department. Aet. 4. No one shall be a senator unless he is a French citizen at least 40 years of age and in the enjoyment of civil and political rights.^ Members of families that have reigned in France are ineligible to the Senate. Art. 5. The soldiers of the land and naval forces shall not be elected senators. There are excepted from thig provision : 1. The marshals of France and admirals. 2. The general officers maintained without limit of age in the first section of the list of the general staff and not provided with a command. 3. The general officers placed in the second section of the list of the general staff. 4. Members of the land and naval forces who belong either to the reserve of the active army or to the territorial army. Art, G. Senators shall be elected by scrufin de h'sfe, by a college meeting at the capital of the department or of the colony and com- posed : 1. Of the deputies. 2. Of the general councilors. 3. Of the councilors of the arrondissement. 4. Of delegates elected from among the voters of the commune by each municipal council. Councils composed of 10 members shall elect 1 delegate. Councils composed of 12 members shall elect 2 delegates. Councils composed of 16 members shall elect 3 delegates. Councils composed of 21 members shall elect 6 delegates. Councils composed of 23 members shall elect 9 delegates. Councils composed of 27 members shall elect 12 delegates. Councils composed of 30 members shall elect 15 delegates. Councils composed of 32 members shall elect 18 delegates. Councils composed of 34 members shall elect 21 delegates. Councils composed of 36 members or more shall elect 24 delegates. The municipal council of Paris shall elect 30 delegates. In the French Indies the members of the local councils shall take the place of councilors of the arrondissement. The municipal coun- cil of Pondichery shall elect 5 delegates. The municipal council of Karikal shall elect 3 delegates. All of the other communes shall elect 2 delegates each.^ ^ By the Law of 20 July 1S95 no one may become a member of either house unless he has complied with the law regarding military service. 2 As amended by the Law of 17 December 1908, which repealed a last paragraph worded as follows : " The balloting shall take place at the seat of government of each district." 212 CONSTITUTIONS OF THE STATES AT WAR. Art 7. Members of the Senate shall be elected for 9 years. The Senate shall be renewed every 3 years according to the order of the present series of departments and colonies. Art. 8. Articles 2 (Paragraphs 1 and 2), 3, 4, 5, 8, 14, 16, 19 and 23 of the Organic Law of 2 August 1875 on the elections of senators are amended as follows: Article 2 (Paragraphs 1 and 2). In each municipal council the election of delegates shall take place without debate and by secret ballot, by scrutin de liste and by an absolute majority of votes cast. After two ballots a plurality shall be sufficient, and in case of an equality of votes the oldest is elected. The procedure and method shall be the same for the election of alternates. Councils having 1, 2 or 3 delegates to choose shall elect 1 alternate. Those choosing 6 or 9 delegates shall elect 2 alternates. Those choosing 12 or 1.5 delegates shall elect 3 alternates. Those choosing 18 or 21 delegates shall elect 4 alternates. Those choosing 24 delegates shall elect 5 alternates. The municipal council of Paris shall elect 8 alternates. The alternates shall take the place of delegates in ease of refusal or inability to serve, in the order determined bj the number of votes received by each of them. Aet. 3. In communes where the duties of the municipal council are performed by a special delegation organized by virtue of Article 44 of the Law of 5 April 1884, the senatorial delegates and alternates shall be chosen by the former council. Abt. 4. If the delegates were not present at the election, notice shall be given them by the mayor within 24 hours. They shall, within 5 days, notify the prefect of their acceptance. In case of refusal or silence, they shall be replaced by the alternates, who shall then be placed upon the list as the delegates of the commune. Aet. .5. The official report of the election of delegates and alternates shall lie transmitted at once to the prefect. It shall state the acceptance or refusal of the delegates and alternates, as well as the protests raised, by one or more members of the municipal council, against the legality of the election. A copy of this official report shall be posted on the door of the town hall. Akt. 8. Protests concerning the election of delegates or of alternates shall be decided, subject to an appeal to the Council of State, by the council of the prefecture, and, in the colonies, by the privy council. Delegates whose election is annulled because they do not fulfill some one of the conditions demanded by law, or because of informality, shall be replaced by the alternates. In case the election of a delegate and of an alternate is annulled, or in the case of the refusal or death of both of them after their acceptance, new elections shall be held by the municipal council on a day fixed by an order of the prefect. Aet. 14. The first ballot shall begin at 8 o'clock in the morning and close at noon. The second shall begin at 2 o'clock and close at 5 o'clock. The third shall begin at 7 o'clock and close at 10 o'clock. The results of the balloting shall be canvassed by the bureau and announced immediately by the presi- dent of the electoral college. FKANCE. 21S Art. 1G. Political meetings for the nomination of senators may be held from the date of the promulgation of the decree summoning the electors up to the day of the election, inclusive. The declaration prescribed by Article 2 of the Law of 30 June 1881 ' shall be made by two voters at least. The forms and regulations of this article, as well as those of Article 3, shall be observed. The members of Parliament elected or electors in the department, the senatorial electors, delegates and alternates, and the candidates or their repre- sentatives may alone be present at these meetings. The municipal authorities shall see to it that no other person is admitted. Delegates and alternates shall present as a means of identificHtion a certifi- cate from the mayor of the commune; candidates or their representatives, a certificate from the official who shall -have received the declaration mentioned in Paragraph 2. Art. 19. Every attempt at corruption or constraint by the employment of means enumerated in Articles 177 and following of the Penal Code, to in- fluence the vote of an elector or to keep him from voting, shall be punished by imprisonment of from three months to two years and by a fine of from 50 to SOD' francs, or by either of these penalties. Article 463 of the Penal Code is applicable to the penalties provided by the present article. Art. 23. Vacancies caused by the death or resignation of senators shall be filled within tliree months ; however, if the vacancy occurs within six months preceding the triennial elections, it shall not be filled until those elections. Art. 9. The following are repealed : *i. Articles 1-7 of the Law of 24 February 1875 on the organi- zation of the Senate. 2. Articles 24 and 25 of the Law of 2 August 1875 on the elec- tions of senators.^ LAW OF 16 JUNE 1885.^ Amending the Electoral Law. Articles 1-3.* Art. 4. Members of families that have reigned in France are in- eligible to the Chamber of Deputies.^ Art. 5. No one shall be elected on the first ballot unless he receives : 1. An absolute majority of the votes cast. 2. A number of votes equal to one-fourth of the total number of voters registered. ^ See above, p. 201, note 2. ^ The transitory provisions of this law are omitted, because they are practically repeated in the Law of 26 December 1887 on parliamentary incompatibilities (see below, p. 214). * Promulgated in the Journal offioiel of 17 June 1885. * Articles 1, 2 and 3 of this law were repealed by the Law of 13 February 1889 (see below, p. 214). ' For similar provisions regarding the Presidency of the Republic and the Senate, see Article 2 of the Law of 14 August 1884 and Article 4 of the Law of 9 December 1884 (see above, pp. 198, 211). Article 4 of the Law of 22 June 1886 prohibited every elective office to the members of families that have reigned in France. 214 cojsrsTiTUTioisrs of the states at war. On the second ballot a plurality shall be sufficient. In case of an equality of votes, the oldest of the candidates isi elected. Art. 6. Subject to the case of a dissolution provided for and regu- lated by the Constitution, the general elections shall take place within the 60 days preceding the expiration of the powers of the Chamber of Deputies. Art. 7. Vacancies which occur in the six months x^receding the renewal of the Chamber shall not be filled. LAW OF 26 DECEMBER 1887.^ On Parliamentary Incompatibilities. Until the passage of a special law on parliamentary incompati- bilities, Articles 8 and 9 of the Law of 30 November 1875 shall be applicable to senatorial elections.^ Every officer affected by this provision who has had 20 yea^s of service and is 50 years of age at the time of his acceptance of the office of senator, may establish his rights to a proportional retiring pen- sion, which shall be governed by the third paragraph of Article 12 of the Law of 9 June 1853. LAW OF 13 FEBETJARY 1889.^ Reestablishing Single Districts for the Election of Deputies. Article 1. Articles 1, 2 and 3 of the Law of 16 June 1885 are re- pealed. Art. 2. Members of the Chamber of Deputies shall be elected by single districts. Each administrative arrondissement in the depart- ments, and each municipal arrondissement at Paris and at Lyons, shall elect one deputy. Arrondissements the population of which exceeds 100,000 inhabitants shall elect an additional deputy for every 100,000 or fraction of 100,000 inhabitants. Arrondissements in such cases shall be divided into districts, a table * of which is annexed to the present law and shall only be changed by law. Art. 3. One deputy is assigned to the territory of Belfort, 6 to Algeria and 10 to the colonies, as is indicated by the table. Art. 4. On and after the promulgation of the present law, until the renewal of the Chamber of Deputies, vacancies occurring in the Chamber of Deputies shall not be filled. 1 Promulgated in the Journal ofliciel of 28 December 1887. 2 See this law, p. 203 above ; see also Article 20 of the Law of 2 August 1875, p. 202 above. 3 Promulgated in the Journal officiel of 14 February 1889. * This table is omitted. It may be found in the Journal offl&iel of 14 February 1889 ; it has been modified by the Laws of 22 July 1893, 6 April 1898, 30 March 1902 and 27 March 1914. FRANCE. 215 LAW OF 17 JULY 1889/ On Multiple Candidatures. Article 1. No one shall be a candidate in more than one district. Arts. 2-6.^ ^ Promulgated in the Journal offlciel of 18 July 1889. 2 Formalities imposed upon candidates and penalties for their violation. GERMANY. From the dissolution of the Holy Roiiuin Empire in 1806 to the reconstruction of the German P^mpire in 1871 the constitutional his- tory of Germam^ may be divided into three distinct periods: (1) The preponderance of France (Confederation of the Rhine) ; (2) the preponderance of Austria (German Confederation) : and (3) the preponderance of Prussia (Xorth German Confederation). The Confederation of the Rhine, established in July 1806, included practically all of the German States except Austria and Prussia. With the fall of Napoleon it Avas replaced by the German Confedera- tion. The Confederation Act of 8 June 1815^ Avas amended by the \'^ienna Final Act of 15 May 1820.- which united the States for the repression of liberal principles. TTntil the revolution of 1848 the movement for German unity was confined largely to liberal theorists. This revolution forced tire governments to act. A German National Assembly met on 18 May 1848 and eventually adopted the Imperial Constitution of 28 March 1849. But by this time the liberal move- ment had begun to lose force. Austria had gained the victory over the revolutionary forces within its borders and firmly opposed any scheme which would give to Prussia the leadership of a united Ger- many. The German Confederation was reestablished and continued until Austria was expelled from Germany by force of arms. The Schleswig-Holstein affair led to an open conflict between Prussia and Austria in 1866. In the w^ar which followed, Austria and her allies among the small States w^ere signally defeated, and, by the Peace of Prague of 23 August 1866,^ Austria gave its " consent to the new organization of Germany without the participation of the Austrian Empire.'' The relations of the South German States to the ncAv Confederation of the North German States, which had been established on 10 June 1866, were to be established by future nego- tiations. With the adhesion of the four South German States to the Confederation, the latter became the German Empire. By the treaties with the South German States changes had been introduced into the Constitution of the North German Confederation; 1 English translation in Edwaed HePlTSLET. Map of Europe hy Treaty, vol. i (London, 1875), pp. 200—207. German text and French translation in parallel columns in the British and Foreign State Papers, 2 : pp. 114-136. 2 English translation in Hertslet, op. cit., pp. 636-657. French translation in the British and Foreign State Papers. 7 : pp. 399-^14. ^English translation in Hertslet^ op. cit., vol. in (London, 1875), pp. 1720-1726, and in the firitish and Foreif/n State Papers, 56 : pp. 1050—1054. 217 88381—19—15 218 CONSTITUTIONS OF THE STATES AT WAR, and therefore the Constitution of the Empire was now contained in the following four documents : 1. The Constitution of the North German Confederation of 16 April-14 June 1867/ 2. The Protocol of 15 November 1870 ^ between the North German Confederation, Baden and Hesse. 3. The Treaty of 25 November 1870 ^ between the North German Confederation, Baden and Hesse on the one side and Wiirttemberg on the other. 4. The Treaty of 23 November 1870 * concerning the adhesion of Bavaria to the North German Confederation. The Imperial Constitution of 16 April 1871 was practically a con- solidation of the permanent provisions of these four instruments. This Constitution has been amended 10 times since 1871, and in the text given below not only have these formal amendments been inserted in their proper places, but also many other important changes which the Constitution has undergone by means of addition of territory, interpretation in practice, and of ordinary legislation have been indi- cated in the footnotes.^ CONSTITUTION OF 16 APRIL 1871.« [Preamble.] His Majesty the King of Prussia, in the name of the North German Confederation, His Majesty the King of Bavaria, His Majesty the King of Wiirttemberg, His Royal Highness the Grand Duke of Baden, and His Eoyal Highness the Grand Duke of Hesse and Ehen- ish Hesse for those parts of the Grand Duchy of Hesse lying south of the Main, conclude an eternal Confederation for the protection of the federal territory, and of the rights of the same as well as for the promotion of the Avelfare of the German people. This Con- federation shall bear the name of the German Empire, and shall have the following Constitution. 1 English translation in Hertslet, op. cit., pp. 1807-1828. 2 English translation in the British and Foreif/n State Papers, 61 : pp. 110-11.3. 3 English translation in the British and Foreign State Papers, 61 : pp. 128-131. 4 English translation in the British and Foreign State Papers, 61: pp. 113-127. r. These introductor.y paragraphs are based upon W. F. Dodd, Modern Constitution>i (Chicago, 1909), vol. i, pp. 321-324, and F. R. Dareste et P. Dareste, Les Constitutions w,odernes (3d edition, Paris, 1910), vol. i, pp. 170-172. " German text in Felix Stoeek, Handbuch der deutschen Verfassungen (2d edition, by F. W. vox Rauchhaupt, Munich, 1913), pp. 8-25, and in Paul Posener, Die Staatsvrr- fassungen des Erdhalls (Charlottenburg, 1909), pp. 46-63. French translation in Dareste, op. cit., pp. 172-200. English translation in Dodd, op. cit., pp. 325-351, and by E. J. James in Foreign Constitutions [The Convention Manual of the Swth New York State Constitutional Convention, lS9i, part 2, vol. 3] (Albany, 1894), pp. 266-286. The translation given here is based on the one in Dodd, vsrhich has been brought up to ■date by a comparison with Stoeek-Rauchhaupt. GERMANY. 219 I. — Federal Territory. Article 1. The federal territory shall consist of the States of Prussia with Laiienburg, Bavaria, Saxony, Wiirttemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenbiirg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe- Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg- Sondershausen, Waldeck, Reuss, elder line, Reuss, younger line, Schauinburg-Lippe, Lippe, Liibeck, Bremen and Hamburg.^ II.— Legislation of the Empire. Art. 2. Within this federal territory the Empire shall exercise the right of legislation - in accordance with the provisions of this Consti- tution ; and the laws of the Empire shall take precedence of the laws of the States. The laws of the Empire shall receive their binding force by imperial promulgation, through the medium of a Reichs- gesetzhlatt [Imperial Gazette]. If no other time is designated for the published law to take elfect, it shall become effective on the four- teenth day after its publication in the Reichsgesetzhlatt at Berlin. Art. 3. There shall be a common citizenship for all Germany, and the members (subjects or citizens) of each State of the Confederation shall be treated in every other State as natives, and shall accordingly have the right of becoming permanent residents, of carrying on busi- ness, of filling public offices, of acquiring real estate, of obtaining citizenship and of enjoying all other civil rights under the same con- ditions as those born in the State, and shall also have the same treat- ment as regards judicial remedies and the protection of the laws. No German shall be limited in the exercise of these rights by the authorities of his native State or by the authorities of any other State of the Confederation. The regulations governing the care of paupers and their admission into the various local unions shall not. however, be affected by the jDrinciple enunciated in the first paragraph. In like manner, until further action, those treaties shall remain in force which have been concluded between the several States of the Confederation in relation to the taking over of persons liable to be •deported, the care of sick and the burial of deceased citizens. With respect to the performance of military service in the several States, the necessary laws will be passed by the Empire. 1 The Duchy of Lauenburg was joined to the crown of Prussia 13 September 1865, and Incorporated in the Kingdom of Prussia by the Law of 23 June 1876. Alsace-Lorraine was joined to the Empire by the Law of 9 June 1871 and incorporated in the federal terri tory by the Law of 25 June 1873, Article 2. The Law of 9 June 1871 invested the Em peror with the exercise of the right of sovereignty over Alsace-Lorraine. The island o) Helgoland was incorporated in the federal territory by the Law of 15 December 189a Article 2. 2 The Law of 2 May 1877 governs the exercise of the legislative power in Alsace Lorraine. 220 CONSTITUTIOlSrS OF THE STATES AT WAR. As against foreign countries all Germans shall have an equal claim upon the protection of the Empire. Art. 4. The following matters shall be under the supervision of the Empire and subject to imperial legislation : 1. Regulations concerning the freedom of migration/ matters of domicile and settlement,^ citizenship), passports,^ surveillance of foreigners, exercise of a profession,* including insurance,^ so far as these matters are not alreadj^ provided for by Article 3 of this Con- stitution ; in Bavaria, however, exclusive of matters relating to domi- cile and settlement,' and likewise matters relating to colonization and emigration to foreign countries.** 2. Legislation concerning customs duties, commerce, and such taxes as are to be applied to the uses of the Empire." 3. Regulation of the system of measures, coinage and weights,^ and the establishment of the principles for the issue of funded and unfunded paper monej^ 4 General banking regulations.^ 5. Patents for inventions." 6. The protection of the ownership of intellectual works.^^ 7. The organization of a general system of protection for Ger- man trade in foreign countries, of German navigation and of the German flag on the high seas, and the establishment of a common consular representation, which shall be maintained by the Empire. 8. Railway matters, subject in Bavaria to the provisions of Article 46, and the construction of highways and waterways in the interests of national defense and of commerce in general, 9. Rafting and navigation upon waterways common to several States, the condition of such waterways, taxes collectable upon rivers and other waterways, and also the signals of maritime navigation (beacons, buoys, lights and other signals) .^^ 10. Postal and telegraph affairs; in Bavaria and Wlirttemberg, however, only in accordance with the provisions of Article 52. ^ Law of 1 November 1867 on freedom of migration. - Law of 1 June 1870 on the acquisition and loss of federal nationality and State nationality. 3 Law of 12 October 1867 on passports. * Law of 21 .June 1869 on industo', amended by numerous subsequent laws. ^ Law of 15 June 1883 on workmen's health insurance (amended in 1892, 1900 and 1903) ; Law of 30 June 1900 on workmen's accident insurance ; Law of 22 June 1889 on workmen's old age and disability insurance (completed by the Law of 13 July 1899). ^ Law of 9 June 1897 on emigration. ' See below. Articles 35 and 70. s Law of 4 December 1871 and Coinage Law of 9 July 1873 ; Ordinance of 17 August 1868 on weights and measures (amended in 1873, 1884, 1893 and 1900). s Law of 7 June 1899. ^"Law of 25 May 1877 on patents (amended by the Law of 7 April 1891) ; Law of 30 November 1874 on the protection of trade-marks. " Law of 11 June 1870 on authors' rights. 1- " And also . . . signals." J^dded by the Law of 3 March 1873. GERMANY. 221 11. Regulations concerning the reciprocal execution of judicial sentences in civil cases and the execution of requisitions in general.^ 12. Regulations concerning authentication of public documents.^ 13. General legislation as to the whole domain of civil law,^ criminal law * and judicial procedure.^ 14. The imperial military and naval affairs. 15. Police regulation of medical and veterinary matters. 16. Regulations concerning the press and the right of associa- tiou.*'' Art. o. The legislative power of the Empire shall be exercised by the Bundesrat and the Reichstag. A majority of the votes of both bodies shall be necessary and sufficient for the passage of a law. With respect to laws concerning the army, navy and the taxes specified in Article 35, the vote of the prmsidiuTn'' shall decide in case of a difference of opinion in the Bundesrat, if such vote be in faA'or of the maintenance of existing arrangements. III. — The Bundesrat. Art. 6. The Bundesrat shall consist of representatives of the mem- bers of the Confederation, among which the votes shall be divided in such manner that Prussia with the former votes of Hanover. Electoral Hesse, Holstein, Nassau and Frankfort shall have 17 votes; Bavaria, 6; Saxony, 4; Wiirttemberg, 4; Baden, 3; Hesse, 3; Mecklenburg- Schwerin, 2; Saxe-Weimar, 1; Mecklenburg-Strelitz, 1 ; Oldenburg, 1 ; Brunswick, 2 ; Saxe-Meiningen, 1 ; Saxe-Altenburg, 1; Saxe-Coburg-Gotha, 1; Anhalt, 1; Schwarzburg-Rudolstadt, 1; Schwarzburg-Sondershausen, 1 ; Waldeck, 1 ; Reuss, elder line, 1 ; Reuss, younger line, 1 ; Schaumburg-Lippe, 1 ; Lippe, 1 ; Liibeck, 1 ; Bremen, 1; Hamburg, 1; total, 58 votes. Each member of the Confederation may appoint as many delegates to the Bundesrat as it has votes, but the votes of each State shall be cast only as a unit. Art. Q>aJ Alsace-Lorraine shall cast 3 votes in the Bundesrat so long as the provisions of Article 2. Section 1, and Section 2, Para- graphs 1 and 3, of the Law of 31 May 1911 concerning the Consti- turion of Alsace-Lorraine, remain in force. 1 Law of 21 June 1869 on the reciprocal assistance of federal courts. 2 Law of 1 May 1878 on tbe credibility due t > authentic acts. ^ As amended by the Law of 20 December 1873. The original text read : " General legislation concerning the law of obligations, criminal law, the law of commerce and exchange, and judicial procedure." The Civil Code was promulgated 16 August 1896. * Penal Code of 15 May 1871, amended by numerous subsequent laws. = Code of Civil Procedure of 30 January 1877 ; Code of Penal Procedure of 1 February 1877. " Law of 7 May 1874 on the press ; Law of 19 April 1908 on association. ' I. e., of Prussia (see below, p. 223). 8 Article 6a was inserted by the Law of 31 May 1911 (cf. Stoeuk-Ralchhaitt, oi). cit., pp. 10-11). 222 . consrsTiTUTioNs of the states at wak. The votes of Alsace-Lorraine shall not be counted if the addition of these votes alone would give the majority to the presidential vote or would give it the deciding vote in the sense of Article 7, Para- graph 3, Sentence 3. The same shall hold good for the decisions upon amendments to the Constitution. Alsace-Lorraine shall be understood to be a State of the Con- federation in the sense of Article 6, Section 2, and of Articles 7 and 8. Art. 7. The Bundesrat shall ta;ke action: 1. Upon the measures to be proposed to the Reichstag and the resolutions passed by the same. 2. Upon the general administrative provisions and arrangements necessary for the execution of the imperial laws, so far as not other- wise provided for by imperial law. 3. Upon the defects which may be discovered in the execution of the imperial laws or of the provisions and arrangements heretofore mentioned. Each member of the Confederation shall have the right to make propositions and introduce motions, and it shall be the duty of the prsesidium to submit them for deliberation. Decision shall be reached by simple majority, with the exceptions provided for by Articles 5, 37 and 78. Votes not represented or not instructed shall not be counted. In the case of a tie, the vote of the prsesidium shall decide. In decisions upon a subject which, according to the provisions of this Constitution, does not concern the whole Empire, only the votes of those States of the Confederation interested in the matter in question shall be counted. Art. 8. The Bundesrat shall appoint from its own members per- manent committees: 1. On the army and the fortifications. 2. On marine affairs. 3. On customs duties and taxes. 4. On commerce and trade. 5. On railroads, posts and telegraphs. 6. On judicial affairs. 7. On accounts.^ In each of these committees there shall be representatives of at least four States of the Confederation, besides the prsesidium, and each State shall be entitled to only one vote therein. In the Com- mittee on the Army and Fortifications Bavaria shall have a perma- nent seat; the remaining members of this Committee, as well as the members of the Committee on Marine Affairs, shall be appointed by 1 Five other permanent committees derive their personnel from the membership of the Bundesrat : 8. On foreign affairs. 11- On the order of business. 9. On Alsace-Lorraine. 12. On railway freight tariffs. 10. On the Constitution. CKHMAXY. 223 the Emperor; the members of the other committees shall be elected by the Bimdesrat. These committees shall be newly formed at each session of the Bundesrat, i. e., each year, and the retiring members shall be eligible for reelection. A Committee on Foreign Affairs, over which Bavaria shall preside, Mhall also be appointed in the Bundesrat; it shall be composed of the plenipotentiaries of the Kingdoms of Bavaria, Saxon}^ and Wiirttemburg and of two plenipotentiaries of the other States of the Empire, who shall be elected annually by the Bundesrat. The employees necessary for the conduct of their work shall be placed at the disposal of the committees. Art. 9. Each member of the Bundesrat shall have the right to appear in the Reichstag, and must be heard there at any time he shall so request, in order to represent the views of his government, even when such views shall not have been adopted by the majority of the Bundesrat. No one shall at the same time be a member of tlie Bundesrat and of the Eeichstag. Art. 10. The Emperor shall afford the customary diplomatic pro- tection to tlie members of the Bundesrat. IV. — The Presidency. Art. 11. The presidency {prcpsidimn) of the Confederation shall belong to the King of Prussia, who shall bear the title of German Em- peror. It shall be the duty of the Elmperor to represent the Empire among nations, to declare war and to conclude peace in the name of the Empire, to enter into alliances and other treaties with foreign countries, to accredit and receive ambassadors. For a declaration of war in the name of the Empire, the consent of the Bundesrat is required, unless an attack is made upon the fed- eral territory or its coasts. So far as treaties with foreign countries relate to matters which, according to Article 4, are to be regulated by imperial legislation, the consent of the Bundesrat shall be required for their conclusion, and the approval of the Eeichstag shall be necessary to render them valid. Art. 12. The Emperor shall have the right to convene, open, ad- journ and close the Bundesrat and the Reichstag. Art. 13. The Bundesrat and the Reichstag shall be convened an- nually, and the Bundesrat may be called together for the preparation of business without the Reichstag; the latter, however, shall not be convened without the Bundesrat. Art. 14. The Bundesrat shall be convened whenever a meeting is demanded by one third of the total number of votes. Art. 15. The Imperial Chancellor, to be appointed by the Em- peror, shall preside in the Bundesrat and supervise the conduct of its business. 224 coNSTiTUTiosrs of the states at war. The Imperial Chancellor shall have the right to delegate the power to represent him to any other member of the Bimdesrat ; this delega- tion shall be made in writing/ Art. 16. The necessary bills shall be laid before the Reichstag in the name of the Emperor, in accordance with the resolutions of the Bundesrat, and shall be advocated in the Reichstag by members of the Bundesrat or by special commissioners appointed by the latter. Art. it. It shall be the duty of the Emperor to prepare and pub- lish the laws of the Empire and to supervise their execution. The decrees and ordinances of the Emperor shall be issued in the name of the Empire and shall require for their validity the countersignature of the Imperial Chancellor, who thereby assumes the responsibility for them.^ Art. 18. The Emperor shall appoint Imperial officials, cause them to take the oath to the Empire and dismiss them when necessary. Officials of any one of the States of the Confederation, who shall be appointed to any Imperial office, shall enjoy, w^ith reference to the Empire, the same rights as those to which they are entitled in their native State by virtue of their official position, provided that no other legislatiA^e provision shall have been made previous to their entrance into the service of the Empire.^ Art. 19. If the States of the Confederation do not fulfill their con- stitutional duties, they may be compelled to do so by execution. This execution shall be decided upon by the Bundesrat and carried out by the Emperor. V. — The Reichstag. Art. 20. The Reichstag shall be elected by universal and direct suffrage on secret ballot. Until regulation by law, the power to make such regulation being reserved by Section 5 of the Electoral Law of 31 May 1869 {Bundes- gesetzblatt^ 1869, page 145), 48 deputies shall be elected in Bavaria, IT in Wiirttemberg, 14 in Baden, 6 in Hesse south of the River Main, and the total number shall consequently be 382.* 1 The Law of 17 March 1878 authorized the Imperial Chancellor to delegate various functions of imperial administration. , 2 Bj' the Law of 17 March 1878, the countersignature may be made by an authorized representative of the Imperial Chancellor. s Law of 31 March 1873 on the rights and duties of imperial officials (amended in 1886, 1887, 1893, 1903 and 1905. There are nine departments : Foreign Affairs, Interior, Marine, Posts, Treasury, Railroads, Imperial Railroads, Banks, .lustice. * Including, that is to say, those deputies returned by the States of the North German Confederation. By the Law of 25 June 1873, 15 additional members are elected from Alsace-Lorraine, making the total number 397, the remaining 297 being distributed as follows : Prussia, 235 ; Saxony, 23 ; Mecklenburg-Schwerin, 6 ; Hesse, Saxe- Weimar. Oldenburg. Brunswick, and Hamburg, 3 each ; Saxe-Meiningen, Saxe-Coburg-Gotha, and Anhalt, 2 each ; the rest, 1 each. With certain minor exceptions every male German of the age of 25 years may vote for members of and may be elected to the Reichstag. GERMANY. 225 Art. 21. No leave of absence shall be required for public officials to enter the Reichstag. When a member of the Reichstag accepts a salaried office of the Empire, or a salaried office in one of the States of the Confederation, or accepts any office of the Empire or of a State involving higher rank or salary, he shall forfeit his seat and vote in the Reichstag and may recover his place in the same only by a new election. Art. 22. The proceedings of the Reichstag shall be public. No one shall be held responsible for truthful reports of the pro- ceedings of the public sessions of the Reichstag. Art. 23. The Reichstag shall have the right to propose laws with- in the competence of the Empire and to refer petitions addressed to it to the Bundesrat or the Chancellor of the Empire. Art. 24. The term of the Reichstag shall be five years.^ To dis- solve the Reichstag during that time, a resolution of the Bundesrat, with the consent of the Emperor, is required. Art. 25. In case of the dissolution of the Reichstag, new elections shall take place witlnn a period of 60 days, and the Reichstag shall be called together within a period of 90 days after its dissolution. Art. 26. Without the consent of the Reichstag, an adjournuient of that body shall not exceed the period of 30 days and shall not be repeated during the same session. Art. 27. The Reichstag shall examine into the legality of the elec- tion of its members and decide thereon. It shall regulate its own procedure and its own discipline, through its order of business, and elect its president, vice-presidents and secretaries. Art. 28. The Reichstag shall take action by absolute majority. To render any action valid, the presence of a majority of the statu- tory number of members is required. - Art. 29. The members of the Reichstag are the representatives of the people as a whole and shall not be bound by orders or instruc- tions. Art. 30. No member of the Reichstag shall at any time suffer legal or disciplinary prosecution on account of his vote or on account of utterances made while in the performance of his functions, or be held responsible in any other Avay outside of the Reichstag. Art. 31. Without the consent of the Reichstag, no one of its mem- bers shall be tried or arrested during the session for any penal offense, 1 As amt'iicU^d l)y the Law of 19 Match 1S88. Originally the term was three years. "Tho second paragraph of this article was repealed by the Law of 24 February 1873. It read as follows : " In decisions of a matter which, according to this Constitution, does not concern the entire Empire, only such members shall vote as are elected from States whose interests are affected by the proposition." Cf. the last paragraph of Article 7, p. 2'22, above. 226 CONSTITUTIONS OF THE STATES AT WAK. unless he be taken in the commission of the offense, or during the course of the following day. Like consent shall be required in the case of arrest for debt.^ At the request of the Reichstag all criminal proceedings instituted against one of its members and all detentions for judicial inquiry or in civil cases shall be suspended during its session. Art. 32. The members of the Reichstag as such shall receive no salary. They shall receive an indemnity in accordance with the pro- visions of law.^ VI. — Customs and Commerce. Art. 33. Germany shall form one customs and commercial terri- tory, having a common frontier for the collection of duties. Such parts of the territory as can not, by reason of their situation, be suit- ably embraced within the customs frontier, shall be excluded. All articles which are the subject of free traffic in one State of the Confederation may be brought into any other State, and in the latter shall be subject only to such internal taxes as are imposed upon similar domestic productions. Art. 34. The Hanse cities, Bremen and Hamburg, together with a part of their own or of the surrounding territory suitable for such purpose, shall remain free ports outside of the common customs frontier, until they request admission within such frontier. Art. 35. The Empire shall have the exclusive power to legislate concerning everything relating to the customs, concerning the taxa- tion of salt and tobacco produced in the federal territory, of domestic brandy and beer and of sugar and sirup prepared from beets or other domestic products, concerning the mutual protection against fraud with reference to all taxes upon articles of consumption levied in the several States of the Confederation, as well as concerning the meas- ures which may be required in the territory, outside the customs boundaries, for the security of the common customs frontier. In Bavaria, Wiirttemberg and Baden, the matter of taxing domes- tic brandy and beer shall remain reserved to the legislation of the States. The States of the Confederation shall, however, endeavor to bring about uniform legislation regarding the taxation of these articles also. Art. 36. The administration and collection of customs duties and of the taxes on articles of consumption (Article 35) shall be left to ^ Law of 29 May 1868 on the abolition of imprisonment for debt. ^ As amended by the Law of 21 May 1906. Article 32, as originally worded, forbade any salary or indemnity to members of the Reichstag. A law of 21 May 1906 provides that meml>ers of the Reichstag shall receive: (1) Free transportation on the German railways during the sessions of the Reichstag and for 8 days before the beginning of and 8 day,s after the close of each session ; and (2) a yearly indemnity of 3,000 marks. GERMANY. 227 each State of the Confederation within its own territory, so far as these functions have heretofore been exercised by each State. The Emperor shall superintend the observance of legal methods b}^ means of imperial officers whom he shall appoint, after consulting the Committee of the Bundesrat on Customs Duties and Taxes, to act in cooperation with the customs or tax officials and Avith the directive boards of the several States. Reports made by these officers concerning defects in the adminis- tration of the joint legislation (Article 35) shall be submitted to the Bundesrat for action. Art. 37. In taking action upon the rules and regulations for the execution of the joint legislation (Article 3.5), the vote of the praesi- dium shall decide when it is cast in favor of maintaining the existing rule or regulation. Art. 38. The revenues from customs and from the other taxes designated in Article 35, so far as the latter are subject to imperial legislation, shall go to the treasury of the Empire. Such revenues shall consist of the total receipts from the customs and the other taxes, after deducting therefrom: 1. Tax rebates and reductions in conformity with existing laws or general administrative regulations. 2. Reimbursements for taxes improperly collected. 3. The costs of collection and of administration, viz : a. In case of the customs, the costs which are required for the protection and collection of customs on the frontiers and in the frontier districts. h. For the salt tax, the costs which are incurred for the salaries of the officers charged with the collection and control of this tax at the salt works. c. For the taxes on beet sugar and on tobacco, the compensa- tion which is to be allowed, according to the existing rules of the Bundesrat, to the several State governments for the cost of adminis- tering these taxes. (1. Fifteen per cent of the total receipts from other taxes. The territories situated outside of the common customs frontier shall contribute to the expenses of the Empire by payment of a pro- portional sum (aversum). Bavaria, Wiirttemberg and Baden shall not share in the revenues which go into the treasury of the Empire from duties on brandy and beer, nor in the portion of the aforesaid proportional sum cor- responding to these revenues. The provision of Article 38, Paragraph 2, Number 3 d, of the Imperial Constitution is repealed, in so far as it relates to the tax on breweries. The compensation to be allowed to the States for the 228 coNSTiTUTioisrs of the states at war. expense of collecting and administering the tax on breweries shall be fixed by the Bundesrat.'^ Art. 39. The quarterly extracts, made at the end of each quarter by the revenue boards of the States of the Confederation, and the final statements, made at the end of the year after the closing of the accounts, of the receipts which have become due in the course of the quarter, or during the fiscal year, from customs and from taxes on consumption which, according to Article 38, belong to the treasury of the Empire, shall, after a preliminary audit, be assembled in general summaries by the directive boards of the various States. Each tax shall be separately entered, and these summaries shall be transmitted to the Committee of Accounts of the Bundesrat. The latter, upon the basis of these summaries, shall fix provision- ally every three months the amounts due to the imperial treasury from the treasury of each State, and it shall inform the Bundesrat and the States of the amounts so fixed ; furthermore, it shall submit to the Bundesrat annually the final statement of these amounts with its remarks. The Bundesrat shall take action upon the determination of such amounts. Art. 40. The terms of the Customs Union Treaty of 8 July 1867,- shall remain in force, so far as they have not been altered by the provisions of this Constitution and so long as they are not altered in the manner designated in Articles 7 or 78. VII.— Railways. Art. 41. Railways, which are considered necessarj^ for the defense of Germany or in the interest of general commerce, may, by force of imperial laM^, be constructed at the expense of the Empire, even against the opposition of the members of the Union through whose territory the railroads run, without prejudice, however, to the sov- ereign rights of the States; or private persons may be granted the right to construct railways and receive the right of eminent domain. Every existing railway is bound to permit new railroad lines to be connected with it, at the expense of the said new lines. All laws which grant existing railway undertakings the right tc prevent the building of parallel or competitive lines are hereby re- pealed throughout the Empire, without prejudice to rights already acquired. Such rights of prevention shall not be granted in future concessions. Art. 42. The governments of the States of the Confederation bind themselves, in the interest of general commerce, to manage the German railways as one system, and for this purpose to have all new lines constructed and equipped according to a uniform plan. 1 This last paragraph was added by the Law of 3 June 1906. 2 Law of 27 May 1885 modifying the Customs Union Treaty of 8 July 1867. GERM AX Y. 229 Art. 43. Accordingly, as soon as possible, uniform arrangements as to operation shall be made, and especially shall uniform regula- tions be adopted for the police of railways.^ The Empire shall take care that the various railway administrations keep the roads at all times in such condition as is necessary for public security and furnish them with such equipment as the needs of traffic may require. Art. 4-1. Railway administrations are bound to establish as many passenger trains of suitable speed as ma}' be required for through traffic and for the establishment of harmony between time tables; also to establish such freight trains as may be necessary for the trans- port of goods and to organize a system of through forAvarding both in passenger and freight traffic, permitting rolling stock to go from one road to another for the usual remuneration. Art. 45. The Empire shall have control of the tariff of charges. It shall especially exert itself to the end: 1. That uniform regulations as to operation ])e introduced as soon as possible on all (ierman railway lines. 2. That the tariff be reduced and made uniform as far as pos- sible, and* particularly that in the long-distance transportation of coal, coke, wood, ores, stone, salt, pig-iron, manure, and similar articles, a tariff be introduced suitably modified in the interests of agriculture and industry ; and that the 1-pfennig tariff be introduced as soon as practicable. Art. 46. In case of public distress, especially in case of an extraor- dinary rise in the price of provisions, it shall be the duty of the rail- way administrations to adopt temporarily a low special tariff suited to the circumstances, to be fixed by the Emperor on motion of the competent committee of the Bundesrat, for the transport of grain, flour, legumes and potatoes. This tariff shall, however, not be lower than the lowest existing rate for raw produce on the said line. The foregoing provisions, and those of Articles 42-45, shall not apply to Bavaria. The Empire, however, shall have the power, with respect to Bavaria also, to establish by means of legislation uniform standards for the construction and equipment of railways which may be of importance for the defense of the country. Art. 47. The managers of all railways shall be required to obey, without hesitation, requisitions made by the authorities of the Empire for the use of their roads for the defense of German3\ In particular shall troops and all materials of war be forwarded at uniformly re- duced rates. 1 The j-egulations, which are very numerous, as listed in A. Arndt, Verfassung des (IcittNchen Reichs (3d edition, Berlin, 1907), p. 263. 230 CON^STITUTIONS OF THE STATES AT WAR. VIII. — Post and Telegraph. Art. 48. The postal and telegraphic systems shall be organized and managed on a uniform plan, as State institutions throughout the German Empire. The legislation of the Empire in regard to postal and telegraphic affairs, provided for in Article 4, shall not extend to those matters the control of which is left to governmental ordinance or administrative regulation, according to the principles which have prevailed in the administration of post and telegraph by the North German Con- federation. Art. 49. The receipts from post and telegraph throughout the Empire shall belong to a common fund. The expenses shall be paid from the general receipts. The surplus shall go into the imperial treasury (Section XII). Art. 50. The Emperor shall have the supreme supervision of the administration of post and telegraph. The officers appointed by him shall have the duty and the right to see to it that uniformity be estab- lished and maintained in the organization of the administration and in the conduct of business, as well as in the qualificatiotis of em- ployees. The Emperor shall have the power to issue governmental instruc- tions and general administrative regulations, and also the exclusive right to regulate the relations with the postal and telegraphic systems of other countries. It shall be the duty of all officers of the postal and telegraphic administration to obey the orders of the Emperor. This obligation shall be assumed in the oath of office. The appointment of such superior officers as shall be required for the administration of the post and telegraph in the various districts (such as directors, counselors, superintendents), furthermore, the iippointment of officers of the post and telegi^aph acting in the capac- ity of organs of the aforesaid authorities as supervisors or for other services in the several districts (such as inspectors, controllers), shall be made throughout the Empire by the Emperor, to whom such officers shall take the oath of office. The governments of the several States shall receive timely notice of the aforementioned appointments, so far as they may relate to their territories, so that they may officially confirm and publish them. Other officers required in the administration of the post and tele- graph, as well as all those employed for local and technical work, including the officials in the local offices, and so forth, shall be ap- pointed by the governments of the respective States. Where there is no independent State administration of post or tele- graph, the terms of special treaties shall control. GERMANY. 231 Art. 51.^ Art. 52. Tlie provisions of the foregoing Articles 48-.51 shall not apply to Bavaria and Wiirttemberg. In their place the following provisions shall be valid for these two States of the Empire : The Empire shall have the exclusive power to legislate iii)on the privileges of the post and telegraph, upon the legal relations of both institutions to the pul)lic, upon the franking privilege and the ])ostal rates, excepting, however, the adoption of administrative regulations and of rates for the internal comiuunioation within Bavaria and "Wiirttemberg, respectively ; and, under like limitations, upon the fixing of charges for telegraphic correspondence. In the same manner, the Empire shall have the regulation of postal and telegraphic communication with foreign countries, excepting the innnediate intercourse of Bavaria and Wiirttemberg with neighbor- ing States not belonging to the Empire, the regulation of which shall be subject to the provisions of Article 49 of the Postal Treaty of 23 November 1867.2 Bavaria and Wiirttemberg shall not share in the postal and tele- graphic receipts coming into the treasury of the Empire, IX. — Marine axd Xavigation. Art. 53. The navy of the Empire shall be a united one, under the supreme command of the Emperor. The Emperor is charged with its organization and construction; he shall appoint the officers and employees of the navy, and they and the seamen shall take an oath of obedience to him. The harbor of Kiel and the harbor of the Jade shall be imperial naval ports. The expense required for the establishment and maintenance of the navy and of the institutions connected therewith shall be de- fra3'ed from the treasiu'y of the Empire. All seafaring men of the Empire, including machinists and arti- sans employed in ship-building, are exempt from service in the army, but are liable to service in the imperial navy." Art. 54. The merchant vessels of all States of the Confederation shall form a united merchant marine. ^Article 51 governed, for the first eight years, a special method of computing postal surpluses. At the expiration of these eight years, the total surplus was to be turned into the imperial treasury. -This ]iostal treaty was between the North (Jerman Confederation, Bavaria. Wiirttem- berg and Baden. "Paragraph 5 of Article 53 was repealed by the T-aw of 26 May 1893. It read as follows: ''The apportionment of requisitions to supply the ranks of the navy shall be made according to the actual seafaring population, and the number furnished in accord- ance herewith by each State shall be deducted from the number otherwise required for ithe army." 232 CONSTITUTIONS OF THE STATES AT WAK. The Empire shall determine the process for ascertaining the ton- nage of seagoing vessels, shall regulate the issuance of bills of ton- nage and of ship certificates, and shall fix the conditions upon which a license to command a seagoing vessel shall be granted. The merchant vessels of all the States of the Confederation shall be admitted on equal footing to the harbors and all natural and artificial watercourses of the several States of the Confederation, and shall be accorded similar treatment therein. The fees which may be collected in harbors, from sea going vessels or from their cargoes, for the use of marine institutions, shall not exceed the amount necessary for the maintenance and ordinary repair of these institutions. On all natural watercourses taxes may be levied only for the use of special institutions which serve to facilitate commercial inter- course. These taxes, as well as the charge for navigating such arti- ficial channels as are the property of the State, shall not exceed the amount required for the maintenance and ordinary repair of such institutions and establishments. These provisions shall apph' to rafting, in so far as it is carried on along navigable watercourses. The power to lay other or higher taxes upon foreign vessels or their cargoes than those which are paid by the vessels of the States of the Confederation or their cargoes shall belong only to the Empire and not to the separate States. Art. 55. The flag of the naval and merchant marine is black, white and red. X. — Consular Affairs. Art. 56. The Emperor shall have the supervision of all consular affairs of the German Empire, and he shall appoint consuls, after hearing the Committee of the Bundesrat on Trade and Commerce. No new State consulates shall be established within the districts covered by German consuls. German consuls shall perforin the functions of State consuls for the States of the Confederation not represented in their districts. All the State consulates now existing shall be abolished as soon as the organization of the German con- sulates shall be completed in such a manner that the representation of the separate interests of all the States of the Confederation shall be recognized by the Bundesrat as satisfactorily secured by the German 'consulates. XL — ^Military Affairs of the Empire* Art. 67. Every German is liable to military duty,^ and in the dis- charge of this duty no substitute shall be accepted. Art. 58. The costs and the burden of the entire military system of the Empire shall be borne equally by all the States of the Confeder- ^ Law of 9 November 1807 on the obligation of military service. GERMANY. 233 ation and their subjects, so that neither special privilefjes nor bur>!ens upon particuhir States or chisses are in principle permissible. Where an equal distribution of the burdens can not be elfected in natinu Avithout prejudice to the public welfare, the equalization shall be effected by legislation in accordance Avith the i)rinciples of justice. Art. 59. Every German capable of bearing arms shall belong for seven years to the standing army, as a rule from the end of his 20th to the beginning of his 28th year ; during the next five years ho shall belong to the national guard {Landioehr) of first summons, and then to the national guard of second summons until 31 March of the calen- dar 3^ear in which he reaches the age of 39 years. * During the period of service in the standing army the members of the cavalry and of the mounted field artillery are required to serve the first three years, and all other forces the first two years, in unbroken active service. As regards the emigration of men belonging to the reserve, only those provisions shall be in force which apply to the emigration of members of the national guard {Landwehr) .'^ Art. 60. The effective strength of the German army in time of peace shall be fixed, until 31 December 1871, at 1 per cent of the population of 1867, and shall be furnished pro rata by the several States of the Confederation. After the above date the effective strength of the army in time of peace shall be fixed by imperial legislation. Art. 61. After the publication of this Constitution the entire Prus- sian system of military legislation shall be introduced without delay throughout the Empire, both the statutes themselves and the regu- lations, instructions and rescripts issued for their execution, expla- nation or completion ; especially the Military Penal Code of 3 April 1845; the Law of Military Penal Procedure of 3 April 1845; the ordinance of 20 July 1843 concerning the courts of honor ; the regu- lations with respect to recruiting, time cf service, matters relating to quarters and subsistence, to the quartering of troops, to compensation for injury done to fields, to mobilization of troops, etc., in times of peace and Avar. The military ordinance relating to religious ob- servances is, however, excepted. When a uniform organization of the German army for way pur- poses shall have been established, a comprehensive military code for the Empire shall be submitted to tlie Reichstag and the Bundesrat for their action, in accordance Avitli the Constitution. Airr. 62. For the purpose of defraying the expenses of the whole German army, and of the institutions connected thereAvith, the sum of 225 thalers for each man in the army on the peace footing accord- 1 This article is given as amended by the Laws of 11 February 1888 and 15 Aoril 1905. 88381—19 16 234 CONSTITUTIONS OF THE STATES AT WAR. ing to Article 60, shall be annually placed at the disposal of the Emperor until 31 December 1871. (See Section XII.) After 31 December 1871, the several States of the Confederation shall pay these contributions into the imperial treasury. Until it is altered by an imperial law, the strength of the army in time of peace, as temporarily fixed in Article 60, shall be taken as a basis for calcu- iating the amounts of such contributions. The expenditure of these sums for the imperial army and its establishments shall be fixed by the budgetary law. In determining the budget of military expenditure, the organiza- tiort of the imperial army, legally established in accordance with this Constitution, shall be taken as a basis. Art. 63. The total land force of the Empire shall form one army, which shall be under the command of the Emperor, in war and in peace. The regiments, etc., throughout the whole German army shall bear continuous numbers. As to the uniform, the primary colors and cut of the royal Prussian army shall be the standard. It is left to com- manders of the several contingents to determine upon external marks of distinction (cockades, etc.). It shall be the dutj^ and right of the Emperor to take care that throughout the German army all divisions be kept complete and ready to take the field, and that uniformity be established and main- tained in regard to organization and formation, equipment and com- mand, the training of the men and the qualifications of the officers. For this purpose the Emperor shall have authority to satisfy himself at any time, by inspection, of the condition of the several contingents, and to order the correction of defects disclosed by such inspection. The Emperor shall determine the strength, composition and di- vision of the contingents of the imperial army, and also the organi- zation of the national guard {Lancluyehr) ^ and he shall have the right to determine the garrisons within the federal territory, as also to order any portion of the imperial army held in readiness for war. In order to maintain the indispensable unity in the administration, care, arming and equipment of all divisions of the German army, all orders relating to these matters hereafter issued to the Prussian army shall be communicated, for their proper observance, to tiie comuianders of the other contingents, through the Committee on the Army and Fortifications provided for by Article 8, No. 1. Akt. 64. All German troops are bound to render unconditional obedience to the commands of the Emperor. This obligation shall be included in the military oath. The commander-in-chief of a contingent, as well as all officers com- manding troops of more than one contingent, and all commanders of fortresses, shall be appointed by the Emperor. The officers appointed GERMANY. 235 by the Emperor shall take the military oath to him. The appoint- ment of generals, and of officers performing the duties of generals within a contingent, shall in every case be subject to the approval of the Emperor. In the transfer of officers, with or without promotion, to positions \A hich are to be filled by him in the service of the Empire, be it in the Prussian army or in other contingents, the Emperor shall have the right to select from the officers of all the contingents of the impe- rial army. Art. 05. The right to construct fortresses within the federal terri- tory shall belong to the Emperor, who shall ask in accordance with Section XII for the grant of the means required for that purpose, unless it has already been included in the regular appropriation. Art. 66. Where special conventions do not provide otherwise, the princes of the Confederation and the senates shall appoint the officers of their respective contingents, subject to the restriction of Article 64. They shall be the heads of all of the divisions of troops belonging to their territories, and shall enjoy the honors connected therewith. They shall have particularly the right to hold inspections at any time, and shall receive, besides the regular reports and announce- ments of changes to be made, timely information of all promotions and appointments concerning their respective contingents, in order to provide for the necessar}^ publication of such information by State authority. They shall also have the right, for police purposes, not only to employ their own troops, but also to requisition all other divisions of the imperial army which may be stationed in their respective territories. Art. 67. Unexpended portions of the military appropriation shall under no circumstances fall to the share of a single government, but at all times to the imperial treasury. Art. 68. The Emperor shall have the power, if public security within the federal territory is threatened, to declare martial law in p.ny part of the Empire. Until the publication of a law regulating the occasions, the form of announcement and the effects of such a declaration, the provisions of the Prussian Law of 4 June 1851 shall be in force {Gesetz-Sammlung , 1851, p. 451 ff.) FINAL PROVISION OF SECTION XI. The provisions contained in this section shall be applied in Ba- varia, in accordance with the more detailed provisions of the Treaty of Alliance of 23 November 1870 ^ {BundesgesetzUatt, 1871, p. 9), under III, § 5; in Wiirttemberg, in accordance with the more de- ^ See above, p. 218. note 4. 236 CONSTITUTIONS OF THE STATES AT WAE. tailed provisions of the Military Convention of 21-25 November 18701 {Bundesgesetzblatt, 1870, p. 658). XII. Finances of the Empike. Art. 69. All receipts and expenditures of the Empire shall be estimated for each year, and included in the imperial budget. The latter shall be fixed by law before the beginning of the fiscal year, in accordance with the following principles. Art. 70. For the defrayal of all common expenses there shall serve first of all the joint revenues derived from customs duties, from com- mon taxes, from the railway, postal and telegraphic systems, and from the other branches of the administration. In so far as the ex- penditures are not covered by such receipts, they shall be met by con- tributions from the several States of the Confederation in proportion to their population, such contributions to be fixed by the Imperial Chancellor, with reference to the total amount established by the budget. In so far as these contributions are not used, they shall be repaid to the States at the end of the year, in proportion as the other regular receipts of the Empire exceed its needs. Any surpluses from preceding years shall be used, in so far as the imperial budgetary law does not otherwise provide, for defraying the joint extraordinary expenses.^ Art. 71. The general appropriations shall, as. a rule, be granted for one year; they may, however, in special cases, be granted for a longer period. During the period of transition fixed by Article 60, the properly classified budget of the expenditures of the army shall be laid before the Bundesrat and the Eeichstag merely for their information. Art. 72. For the purpose of discharge an annual report of the expenditure of all the revenues of the Empire shall be presented, through the Imperial Chancellor, to the Bundesrat and the Eeichstag, for their approval. Art. 73. In cases of extraordinary need, a loan may be contracted or a guaranty assumed as a charge upon the Empire, by means of imperial legislation. FINAL PEOVISION OF SECTION SII. Articles 69 and 71 shall apply to expenditures for the Bavarian army only according to the provisions of the Treaty of 23 November 1870, mentioned in the final provision of Section XI ; and Article 72 shall apply only to the extent that the Bundesrat and the Reichstag 1 English translation in the Britisli and Foreign State Papers, 61 : pp. 131-135. 2 As amended by the Laws of 14 May 1904 and 3 June 1906. GERMANY. 237 shall be informed that the sum necessary for the Bavarian army has been assigned to Bavaria. XIII. — Settlement of Disputes and Penal Provisions. Art. 74. Every attempt against the existence, the integrity, the security or the Constitution of the German Empire; finally, any offense committed against the Bimdesrat, Reichstag, a member of the Bimdesrat or of the Reichstag, an authority or a public officer of the Empire, -svhile in the execution of their duty or with reference to their official position, by word, writing, printing, drawing, pictorial or other representation, shall be judged and punished in the several States of the Confederation in accordance with the laws therein exist- ing or which may hereafter be enacted, by which provision is made for the trial of similar offenses against any one of the States of the Confederation, its constitution, its legislature or estates, the members of its legislature or its estates, its authorities and officers. Art. 75. For those offenses against the German Empire, specified in Article 74, which, if committed against one of the States of the Empire, would be considered high treason or treason against the State, the Superior Court of Appeals of the three free Hanse cities, at Liibeck, shall be the competent deciding tribunal in the first and last instance. More definite provisions as to the competency and the procedure of the Superior Court of Appeals shall be made by Imperial legis- lation. Until the passage of an Imperial law, the existing jurisdic- tion of the courts in the respective States, and the provisions relative to the procedure of these courts shall remain as at present.^ Art. 76. Disputes between the several States of the Confederation, so far as they do not relate to matters of private law, and are there- fore to be decided by the competent judicial authorities, shall be adjusted by the Bundesrat, at the request of one of the parties. In disputes relating to constitutional matters in those States of the Confederation whose constitution does not designate an authority for the settlement of such differences, the Bundesrat shall, at the request of one of the parties, effect an amicable adjustment, or, if this can not be done, the matter shall be settled by imperial law. Art. 77. If justice is denied in one of the States of the Confedera- tion, and sufficient relief can not be procured by legal measures, it shall be the duty of the Bundesrat to receive substantiated complaints concerning denial or restriction of justice, which shall be proven according to the constitution and the existing laws of the respective States of the Confederation, and thereupon to obtain judicial relief 1 The criminal competence of the Superior Court of Appeals at Liibeck disappeared with the creation of the Supreme Court of the Empire. 238 CONSTITUTIONS OF THE STATES AT WAK. from the State government which shall have given occasion to the complaint. XIV. — General Peovisions. Art. 78. Amendments of the Constitution shall be made by legis- lative enactment. They shall be considered as rejected when 14 votes are cast against them in the Bundesrat. The provisions of the Constitution of the Empire, by which cer- tain rights are secured to particular States of the Confederation in their relation to the whole, may be amended only with the consent of the States affected. GREAT BRITAIN AND IRELAND. There is no Constitution in England, if by this expression is meant a fundamental law organizing the powers of the Slate and fixing the bases of public law. At no period in their history have the Einglish considered it necessary or expedient to present their political system under the form of a solemn act, setting forth abstract theories or containing the construction of an entirely new political edifice. There are, it is true, certain famous historical documents, each of which marks a step in the progress of English institutions. Such ai'(^ notably the Great Clucrter of Liberty^ the Petition of Right, the Bill of Rights and the Act of Settlement. But it must be noticed that none of them herald the settlement of anj^thing new; on the contrary, it is repeated with a peculiar insistence that the rights and liberties which it has seemed necessary to proclaim anew are ancient rights Avhich the English people have always enjoyed. The rules of the English Constitution can be found in no single written document, for it is built upon old laws and precedents. Therefore, it would be manifestly impossible to include all such laws in a work of this character. Besides the laws which are printed here in text or translation, it wall be sufficient to enumerate certain Acts of Parliament upon constitutional matters: The 39 articles governing the Co]istitution of the English church voted by the clergy in 1562 and converted into law of the realm in 1571 [13 Elizaheti, c. 12]. An Act for an Union of the Tiro Kixf/doms of England and Scot- land of 16 May 1707 [6 Anne, c. 11]. An Act for rendritig the Union of the Two Kingdoms more intire and. complete of 1707 [6 Anne, c. 40]. The Act for Union of Great Britain and Ireland of 2 July 1800 [39 & 40 George III, c. 67, amended by 21 & 22 Yictoria, c. 26, and by the Statute Law Revision Act of 1871]. An Act for the Relief of His Majesty'' s Roman Catholic Subjects of 24 June 1829 [10 George IV, c. 7]. An Act to aynend the Representation of the People in England and. ^Y(des of 7 June 1832 [2 William IV, c. 45], of the People in Scotland of 17 July 1832 [2 William- /T^ c. 65], of the People in Ire- land of 7 August 1832 [2 William IV, c. 88]. 23» 240 CONSTITUTIOITS OF THE STATES AT WAR. An Act further to mnend the Laws relating to the representation of the People in England and Wales of 15 August 1867 [30 & 31 Victoria^ c. 102]. An Act to amend the Laio relating to the Representation of the People of the United Kingdom.' of 6 December 1884 [48 Victoria^ c. 3]. This was followed by a series of laws passed in 1885 of which the chief ones are : The Registration Acts [48 & 49 Victoria^ c. 15, 16 and 17] and the Redistribution of Seats Act [48 & 49 Yic- tona., c. 23].^ GREAT CHAKTER OF LIBERTIES OE 11 FEBRUARY 1225.- [Pkeamble.] Hemy, by the grace of God, King of England, Lord of Ireland, Duke of Normandy and Guy an. and Earl of Anjou, to the arch- bishops, bishops, abbots, priors, earls, barons, sheriffs, reeves, servants, and all bailiffs and his faithful subjects, which shall see this present Charter, greeting. Know that by the suggestion of God, and for the salvation of our soul and the souls of our predecessors and suc:?essors, to the exaltation of Holy Church and improvement of our realm, of our own free good will, we have given and granted to the archbishops, bishops, abbots, priors, earls, barons, and to all of our realm these liberties written below, to be kept in our Kingdom of England for- ever. Article 1. In the first place we have granted to God, and by this our present Charter have confirmed, for us and our heirs forever, that the English Church shall be free and shall have all its rights entire and its liberties uninjured. We have granted also and given to all free men of our realm, for us and our heirs forever, these liber- ties written below, to be had and be holden by them and their heirs from us and our heirs forever. Arts. 2-6." 1 These introductory paragraphs are based upon F. R. Daeeste et P. Daeeste, Les Constitutions modcrnes (3d edition, Paris, 1910), vol. i, pp. 46—51. Since the present work contains only documents of a constitutional nature, and since an adequate outline •of the Constitution of Great Britain is to be derived from such a multitude of sources, the reader is therefore referred to an article in English by Louis Hamilton in Paul PosENER, Die Staatsverfassungen des Erdialls (Charlottenburg, 1909), pp. 601-629, to the authorities there cited and to the authorities cited in Daeeste, op. cit., pp. 70-72. - Of the 37 articles composing the Great Charter of Henry III, 22 are now considered as repealed and have been so declared by the Statutes of Parliament, notably by the f-'tatute Laio Revision Act of 1863 [26 & 27 Victoria, c. 125.] The Great Charter has been confirmed a number of times, but these confirmations all carry forward the text of 1225, the Charter of 1215 containing provisions not reproduced in subsequent confirma- tions. The translation given here is based upon the Latin text and English translation of the Charter of 1297 [25 Edtoard /], confirming the Charter of Henry III [9 Henry III], in The Statutes: Second Revised Edition, vol. i (London, 1888), pp. 44-53. French translation of this and the following documents appears in Daeeste^ op. cit., pp. 52-70. 2 Repealed by the Statute Law Revision Act of 1863. great britain and ireland. 241 Art. 7.^ Art. 8. We, or our bailiffs, sliall not seize any land or rent for any debt, so long as the present chattels of the debtor are sufficient for the payment of the debt and the debtor himself is ready to satisfy therefore. Nor shall the pledges of the debtor be distrained, so long as the principal debtor himself is sufficient for the payment of the debt: and if the principal debtor fail in the payment of the debt, not having the wherewithal to pa}', or will not pa}' where he is able, the l)ledges shall answer for the debt; and if they wish, they shall have the lands and rents of the debtor, until they shall have been satisfied for the debt which they before paid for him, unless the debtor shall have shown himself to be quit in that respect towards those pledges. Art. 9. The city of London shall have all its ancient liberties and customs. jMoreover, we will and grant that all other cities and bor- oughs and villages and the barons of the Cinque Ports, and all other ports, shall have all their liberties and free customs. Art. 10. No man shall be distrained to do more service for a knight's fee or for any other free tenement than is due from it. Arts. II-IS.^ Art. 13.3 Art. 1-1. A free man shall not be fined {amercietur) for a small offence, except in proportion to the measure of the offence; and for a great offence, [he shall be fined] in proportion to the magnitude of the offence, saving to him his freehold; and a merchant likewise, saving his merchandise; and any other's villian than ours shall be likewise fined, saving his wainage, if he shall be at our mercy. And none of the above fines shall be imposed except by the oaths of honest and lawful men of the neighborhood. Earls and barons shall only be fined by their peers, and only in proportion to their offence. No man of the church shall be fined in proportion to the measure of his spiritual benefice, but in proportion to his lay holding and to the measure of his offence. Art. 15. No vill or man shall be distrained to make bridges over the rivers except those which of old time and of right ought to do it. Art. 16. No river-banks shall be defended from henceforth, but such as were in defence in the time of King Henry our grandfather, by the same places and the same bounds as they were wont to be in his time. ^ Provisions regarding the restriction of the dowry and second marriages of widows. ^ Repealed by 42 & 43 Victoria, c. 59. Article 11 concerned common pleas and circuit courts. ^ Repealed by the Statute Laic Revision Act of 1863. 242 CONSTITUTIONS OF THE STATES AT WAK. Art, 17. No sheriff, constable, coroner, or other bailiffs of ours shall hold pleas of our crown. Art. 18.1 Arts. 19-21. ^ Art. 22. We will not hold the lands of those convicted of felony for more than a year and a day, after which the lands shall be re- turned to the lords of the fiefs. Art. 23." Art. 24.2 Art. 25.* Art. 26.^ Arts. 27-28.- Art. 29. No free man shall be taken or imprisoned, or be dispos- sessed of his freehold or liberties or free customs, or be outlawed, or exiled, or in any other way destroyed; nor will we go upon him, or send upon him except by the lawful judgment of his peers or by the law of the land. To no one will we sell, to no one will we deny or defer right or justice. Art. 30. All merchants, if they were not openly prohibited before, shall have their safe and sure conduct to depart out of England, to come into England, to tarry in and go through England, as well by land as by water, for buying and selling, free from all maletolts, by the ancient and rightful customs, except in time of war ; and if they are of a land at war with us and such are found in our land at the beginning of the war, they shall be attached without damage to their bodies or goods, until it shall be known from us or our chief justice in what way the merchants of our land are treated who shall be then found in the country which is at war with us; and if ours are safe there, the others shall be safe in our land. Arts. 31-37,^ Reserving to all archbishops, bishops, abbots, priors, templars, hos- pitallers, earls, barons, and all persons, as well spiritual as temporal, all their liberties and free customs, which they have had in time passed. And all those customs and liberties mentioned above which we have granted to be holclen within our realm, as far as pertains to us, in respect to our men ; all men of our realm, as well clerg^^ as laymen, shall observe, as far as pertains to them, in respect to their men. 1 Provision regarding the opening of succession of lay tenants of 1;lie King. 2 Repealed by the Statute Laio Revision Act of 1S63. 2 Provision regarding fishing in rivers. * Provision regarding weights and measures, s Repealed by 9 George IV, c. 31, s. 1. 8 Repealed by the Statute Law Revision Act of 1S63. The provisions concerned feudal law. GREAT BRITAIN AND IRELAND. • 243 And for this oiir gift and grant of these liberties, and of others contained in our Charter of Liberties of the Forest,^ the archbishops, bishops, abbots, priors, earls, barons, knights, freeholders, and all of our realm have given unto us the fifteenth part of all their mov- ables. And we have granted unto them on the other part, for us and our heirs, that neither we nor our heirs shall produce or do anything whereby the liberties contained in this Charter shall be infringed or broken. And if anything be procured by any person contrary to the premises, it shall not be valid and shall be considered null." CONFIEMATION OF CHARTERS, OF 10 OCTOBER 1297.^ Confirmation or the Magna. Charta and of the Charter of Forests by Edward I. Article 1. Edward, by the grace of God, King of England, Lord of Ireland, and Duke of Guyan, to all those that these present letters shall hear or see, greeting. Know that we, to the honor of God and of Holy Church and to the profit of all our realm, have granted, for us and for our heirs, that the Great Charter of Liberties and the Charter of the Forest, wliich were made by common assent of all the realm in the time of King Henry our father, shall be kept in all points without breach. And we will that the same charters shall be sent under our seal, as well to our justices of the forest, as to others, and to all sheriffs of shires, and to all our other officers, and to all our cities throughout the land, together with our writs, in which it shall be contained that they cause the foresaid charters to be published and cause to be declared to the people that we have confirmed them in all points ; and to our justices, sheriffs, mayors and other ministers, which under us and by us have the laws of our land to guide, that the.y shall alloAv the same charters in all their points, in pleas before them and in judgments; that is to wit, the Great Charter of Liberties as the common law, and the Charter of the Forest according to the assize of the forest, for the improvement of our people. Art. 2. And we will that, if any judgment be given from henceforth contrary to the points of the charters aforesaid by the justices or by other ministers of ours that hold plea before them against the points of the charters, it shall be undone and holden for nought. Arts. 3-4.^ 1 Carta dc forcsta rcgln Henrici III of 12 February 1225. - Here follow the names of the witnesses to the number of 05 : 1 archbishop, 11 bishops, 20 abbots, the chief justice, 8 earls, the constable and 23 nobles. ^ Carta confirmation rcfili Edwardi I f25 Edward /]. The translation given here is based upon the French text and English translation in The Statutes: Second Revised Edir tioii, vol. I (London, 1SS8), pp. 53-56. •* Repealed by the Statiitr Luic Reri.sion Act of 1888 [50 & 51 rictoria, c. 59]. 244 .CONSTITUTIONS OF THE STATES AT WAK. Art. 5. And forasmuch as divers people of our realm are in fear that the aids and tasks which they have hitherto given to us towards our wars and other business, of their own grant and their own good will, howsoever they were made, might turn to abondage to them and to their heirs, because they might be at another time found in the rolls, and so likewise the prizes taken throughout the realm by our ministers in our name, we have granted for us and our heirs that we shall not draw such aids, tasks or prizes Into a custom, for any thing that hath been done heretofore or that may be found by roll or in any other manner. Art. 6. Moreover, we have granted, for us and our heirs, as well to archbishops, bishops, abbots and priors and other folk of Holy Church, as also to earls and barons and to all the commonalty of the land, that for no business from henceforth we shall take of our realm such manner of aids, tasks or prizes, except bj" the common assent of all the realm and for the common profit thereof, saving the ancient aids and prizes due and accustomed. Art 7. And forasmuch as the majority of the commonalty of the realm find themselves sore grieved with the maletolts of wools, that is to wit, a toll of forty shillings for every sack of wool, and have made petitions to us to release the same, we at their requests have fully re- leased it and have granted that we Avill not take such thing nor any other without their common assent and their good will, saving to us and our heirs the custom of wools, skins and leather, granted before by the commonalty of the realm aforesaid. In witness of which things we have caused these our letters to be made patents. Witness Edward our son at London the tenth day of October, the twenty-fifth year of our reign. And be it remembered that this same Charter, in the same terms, word for word, was sealed in Flanders under the King's Great Seal, that is to say. at Ghent the fifth day of November, the twenty-fifth year of the reign of our aforesaid lord the King, and sent into Eng- land. STATUTTJM DE TALLAGIO NON CONCEDENDO OF 1297.^ Article 1. No tallage or aid shall be laid or levied by us or our heirs in our realm without the good will and assent of the arch- iThis document, cited by Walter of Hemingford under the name of Articuli inserti in Magna Charta, is not found in the authentic collections of the time. It is nevertheless cited as a statute in Article 1 of the Petition of Bight (see below, p. 245), and was so decided by the judges in 1637. The translation given here is based upon the Latin text and English translation in The Statutes: Second Revised Edition, vol. i (London, 1888), pp. 56-57. GREAT BRITAIN AND IRELAND. 245 bishops, bishops and other prehites, earls, barons, knights, burgesses and other freemen of our realm. Art. 2. No officer of ours or of our heirs shall take corn, wool, leather or any other goods of any manner of person without the good will and assent of the party to whom the goods belonged. Art. 3. Nothing shall be taken from a sack of wool in the name or by occasion of maletolt. Art. 4. We will and grant, for us and our heirs, that all clerks and laymen of our realm shall have all their laws, liberties and free customs as largely and wholly as they have used to have the same at any time when they had them best and most fully. And if any statutes have been made by us or our predecessors, or any customs brought in contrary to them or any manner of article contained in this present Charter, we will and grant that such manner of statutes and customs shall be void and null forevermore. Arts. 5-6.^ PETITION OF RIGHT OF 7 JUNE 1628.2 To THE King's Most Excellent Majesty. Article 1. Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assem- bled, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward the First, connnonly called Sfatu- tum de tallagio non concedendo^ that no tallage or aid shall be laid or levied by the King or his heirs in this realm without the good will and assent of the archbishops, bishops, earls, barons, knights, bur- gesses, and other the freemen of the commonality of his realm; and by authority of Parliament holden in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted that from thenceforth no person shall be compelled to make any loans to the King against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided that none should be charged by any charge or imposition, called a benovolence, nor by such like charge : by which, the statutes before-mentioned and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be 1 Article 5 giants pardon to different members of ttie aristocracy who had rebelled against the royal power. Article 6 contains measures to assure the publication and execution of the statute. "The Peticion ExliiMted to Jiis Majestie l>ij the Lords Spirituall and Temporall and Conimons, tJ^ tJiis present Parliament dissembled, concerning dicers Rights and lAherties at the Subjects, with the Kings Majesties Royall Atinstvere thereunto in full Parliament [3 Charles I, c. 1]. The text given here is reprinted (in modern orthography) from TJw Statutes: Second Revi»ion Edition, vol. i (London, 1888), pp. 585-588. 246 CONSTITUTIONS OF THE STATES AT WAR. compelled to contribute to any tax, tallage, aid, or other like charge, not set by common consent in Parliament : Art. 2. Yet nevertheless, of late divers commissions directed to sundry commissioners in several counties with instructions have is- sued, by means whereof your people have been in divers places assem- bled and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do. have had an oath administered unto them, not warrantable by the laws or statutes of this realm, and have been constrained to become bound to make appearance and give attendance before your Privy Council and in other places, and others of them have been therefore im- prisoned, confined, and sundry other ways molested and disquieted: and divers othere charges have been laid and levied upon your people in. several counties, by Lord Lieutenants, deputy lieu- tenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty or your Privy Council, against the laws and free customs of this realm. Art. 3. And whereas also by the statute called, " The Great Charter of the Liberties of England,"^ it is declared and enacted, that no free- man may be taken or imprisoned or be disseised of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but bj^ the lawful judgment of his peers, or by the law of the land : Art. 4. And in the eight and twentieth year of the reigii of King Edward the Third, it was declared and enacted by authority of Parliament that no man, of what estate or condition that he be, should be put out of his lands or tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer b}" due process of law : Art. 5. Nevertheless, against the tenor of the said statutes and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed, and when for their deliverance they were brought be- fore your justices by your Majesty's writs of habeas corjms^ there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was cer- tified, but that they were detained by your Majesty's special com- mand, signified by the lords of your Privy Council, and yet were returned back to several prisons without being charged with any- thing to which they might make answer according to the law. Art. 6. And whereas of late great companies of soldiers and mari- ners have been dispersed into divers counties of the realm and the inhabitants against their wills have been compelled to receive them ^ See above, p. 240. GREAT BRITAIN AND IRELAND. 247 into their houses, and there to suffer them to sojourn, against the laws and customs of this reahn, and to the great grievance and vexa- tion of the people : Art. 7. And whereas also by authority of Parliament, in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted that no man shall be forejudged of life or limb against the form of the Great Charter and the law of the land ; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death, but by the laws established in this your realm either by the customs of the same realm or by Acts of Parliament: and whereas no offender of what kind soever is exempted from the proceedings to be used and punishments to be inflicted by the laws and statutes of this your realm; never- the less of late divers commissions under your Majesty's Great Seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law against such soldiers and mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or mis- demeanor whatsoever, and by such summary course and order as is agreeable to martial law and is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death, according to the law martial. By pretext whereof, some of your Majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been, adjudged and executed. And also sundry grievous offenders by colour thereof, claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused, or forborne to pro- ceed against such offenders according to the same laws and statutes, upon pretence that the said offenders were punishable only by mar- tial law, and by authority of such commissions as aforesaid; which commissions, and all other of like nature, are wholly arid directly contrary to the said laws and statutes of this your realm. Art. 8. They do therefore humbly pray your most excellent Maj- esty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common* consent by Act of Parliament; and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as in before-mentioned, be 248 coNSTiTUTioisrs or the states at war. imprisoned or detained; and that your Majesty will be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come ; and that the aforesaid commis- sions for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchise of the land. All which they most humbly pray of your most excellent Majesty, as their rights and liberties according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that the awards, doings and proceedings to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example; and that your Majesty would be also graciously pleased,- for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you, according to the laws and statutes of this realm, as they tender the honour of your Majesty, and the pros- perity of this kingdom.^ HABEAS CORPUS ACT OF 1679.2 Article 1. Whereas great delays have been used by sheriffs, gaol- ers, and other officers, to whose custody any of the King's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of habeas corpus to them directed, by stand- ing out an alias and fluries Jiabeas corpus^ and sometimes more, and by other shifts to avoid their yielding obedience to such writs, con- trary to their duty and the known laws of the land, whereby many of the King's subjects have been and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charge and vexation. For the prevention whereof, and the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters, be it enacted by the King's most excel- 1 This Petition was read in Parliament on 2 June 1628, together with the King's answer as follows : " The King willeth that right be done according to the laws and customs of the realm ; and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself as well obliged as of his prerogative." This reply not being considered clear enough. Parliament requested another. On 7 June the King appeared in person and pronounced the following French formula, Soit droit fait come est desire, which, according to usage, signified assent pure and simple to the terms of the petition. ^ An Act for the 'better secureing the Liberty of the Subject and for Prevention of Im.prisonmeivts hepond the Seas [31 Charles II, c. 2]. The text given here is reprinted (in modem orthography) from The Statutes: Second Revised Edition, vol. i (London, 1888), pp. 672-680. GREAT BPJTAI:N' AND IRELAND. 249 lent Majesty, by and with the advice and consent of the Lords Spir- itual and Temporal, and Commons, in tliis present Parliament as- sembled, and by the authority thereof, that whensoever any person or persons shall bring any haheas corpus directed unto any sheriff or sheriffs, gaoler, minister, or other person whatsoever, for any person in his or their custody, and the said writ shall be served upon the said officer, or left at the gaol or prison with any of the under- officers. under-keepers or deputy of the said officers or keepers, that the said officer or officers, his or their underofficers, under-keepers or deputies, shall, within three days after the service thereof as afore- said (unless the commitment aforesaid were for treason or felony^ plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing the said prisoner^ to be ascertained by the judge or court that awarded the same, and endorsed upon the said writ, not exceeding twelve pence per mile,, and upon security given by his own bond to pay the charges of car- rying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent of this present Act, and that he will not make any escape by the Avay> uiake return of such writ ; and bring or cause to be brought the body of the party so committed or restrained, unto or before the Lord Chancellor, or Lord Keeper of the Great Seal of England for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles, then within the space of twenty days, after such the delivery aforesaid, and no longer. Art. 2. And to the intent that no sheriff, gaoler or other officer may pretend ignorance of the import of any such writ, be it enacted by the authority aforesaid that all such writs shall be marked in. this manner, per statutum tricesimo frimo Caroli secundi regis^ and shall be signed by the person that awards the same ; and if any per- son or persons shall be or stand committed or detained as aforesaid, for any crime, unless for treason or felony plainly expressed in the warrant of commitment, in the vacation-time, and out of term, it shall and may be lawful to and for the person or persons so com- mitted or detained (other than persons convict or in execution) by legal process, or any one on his or their behalf, to appeal or complain 8S3S1— 19 17 250 CONSTITUTIONS OF THE STATES AT WAE. to the Lord Chancellor or Lord Keeper, or any one of his Majesty's justices, either of the one bench or of the other, or the barons of the exchequer of the degree of the coif ; and the said Lord Chancel- lor, Lord Keeper, justices or barons' or any of them, upon view of the copy or copies of the warrant or warrants of commitment and detainer, or otherwise upon oath made that such copy or copies were denied to be given by such person or persons in whose custody the prisoner or prisoners is or are detained, are hereby authorized, and required, upon request made in writing by such person or persons or any on his, her or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant an habeas corjnis under the seal of such court whereof he shall then be one of the judges, to be directed to the officer of officers in whose custody the party so committed or detained shall be, re- turnable immediate before the said Lord Chancellor or Lord Keeper, or such justice, baron or any other justice or baron of the degree of the coif of any of the said courts; and upon service thereof as aforesaid, the officer or officers, his or their underofficer or under- officers, under-keeper or under-keepers, or deputy, in Avhose custody the party is so committed or detained, shall within the times re- spectively before limited, bring such prisoner or prisoners before the said Lord Chancellor or Lord Keeper, or such justices, barons or one of them, before whom the said writ is made returnable, and in case of his absence before any of them, with the return of such writ, and the true causes of the commitment and detainer ; and thereupon within two days after the party shall be brought before them, the said Lord Chancellor or Lord Keeper, or such justice or baron before whom the prisoner shall be brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the court of king's bench the term following, or at the next assizes, ses- sions, or general gaol-delivery of and for such county, city, or place where the commitment was, or where the offence was committed, or in such other court where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognizance or recognizances into the said court Avhere such appearance is to be made ; unless it shall ap- pear unto the said Lord Chancellor or Lord Keeper, or justice or justices, or baron or barons, that the party so committed is detained upon a legal process, order or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said justices or barons. GEEAT BEITAIX AND IRELAND. 251 or some justice or justices of the peace, for such matters or offences for the which by the law the prisoner is not bailable. Art. 3. Provided always, and be it enacted that if any person shall have willfully neglected, by the space of two whole terms after his imprisonment, to pray a haheas corpus for his enlargement, such per- son so willfully neglecting shall not have any habeas covpus to be granted in vacation-time, in pursuance of this act. Art. 4. And if any officer or officers, his or their underofficer or underofficers, under-keeper or under-keepers, or deputy, shall neglect or refuse to make the returns aforesaid, or to bring the body or bodies of the prisoner or prisoners according to the command of the said writ, within the respective times aforesaid, or upon demand made by the prisoner or person in his behalf, shall refuse to deliver, or Avitliin the space of six hours after demand shall not deliver, to the person so demanding, a true copy of the warrant or warrants of com- mitment and detainer of such prisoner, which he and they are hereby required to deliver accordingly; all and every the head goalers and keepers of such prisons, and such other person in whose custody the prisoner shall be detained, shall for the first offence forfeit to the prisoner or party grieved the sum of one hundred pounds, and for the second offence the sum of two hundred pounds, and shall and is hereby made incapable to hold or execute his said office, the said penalties to be recovered by the prisoner or party grieved, his exe- cutors or administrators, against such offender, his executors or ad- ministrators, by any action of debt, suit, bill, plaint, or information, in any of the King's courts at Westminster, wherein no essoin, pro- tection, privilege, injunction, wager of law, or stay of prosecution by non 'Viilt nlterius prosequi,, or otherwise, shall be admitted or al- lowed,, or any more than one imparlance, and any recovery or judg- ment at the suit of any party grieved shall be a sufficient conviction for the first offence, and any after recovery or judgment, at the suit of a party grieved for any offence after the first judgment, shall be a sufficient conviction to bring the officers or person within the said penalty for the second offence. Art. 5. And for the prevention of unjust vexation by reiterated commitments for the same offense, be it enacted by the authority aforesaid that no person or persons, which shall be delivered or set at large upon any habeas corpus, shall at any time hereafter be again imprisoned or committed for the same offence by any person or persons whatsoever, other than by the legal order and process of such court wherein he or they shall be bound by recognizance to appear, or other court having jurisdiction of the cause; and if any other person or persons shall knowingly contrary to this act recom- mit or imprison, or knowingly procure or cause to be recommitted or imprisoned, for the same offence or pretended offence, anv rierson 252 CONSTITUTIONS OF THE STATES AT WAE. or persons delivered or set at large as aforesaid, or be knowingly aiding or assisting therein, then he or they shall forfeit to the prisoner or party grieved the sum of five hundred pounds; any colourable pretence or variation in the warrant or warrants of com- mitment notwithstanding to be recovered as aforesaid. Art. 6. Provided always that if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term, or first day of the sessions of oyer and terminer or general gaol-delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of oyer and ter- miner or general gaol-delivery, after such commitment, it shall and may be lawful to and for the judges of the court of King's bench and justices of oyer and terminer or general gaol-delivery, and they are hereby required, upon motion to them made in open court the last day of the term, sessions or gaol-delivery, either by the prisoner or any one in his behalf, to set at liberty the prisoner upon bail, unless it appear to the judges and justices upon oath made, that the wit- nesses for the King could not be produced the same term, sessions or general gaol-delivery; and if any person or persons committed as aforesaid, upon his prayer or petition in open court the first week of the term or first day of the sessions of oyer and terminer and gen- eral gaol-delivery, to be brought to his trial, shall not be indicted and tried the second term, sessions of oyer and terminer or general gaol- delivery, after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment. Art, 7. Provided always that nothing in this act shall extend to discharge out of prison any person charged in debt, or other action, or wdth process in any civil cause, but that after he shall be discharged of his imprisonment for such his criminal offence, he shall be kept in custod}^ according to the law, for such other suit. Art. 8. Provided always that if any person or persons subject of this realm shall be committed to any prison or in custody of any officer or officers whatsoever, for any criminal or supposed criminal matter, that the said person shall not be removed from the said prison and custody into the custody of any other officer or officers, unless it be by habeas corpus or some other legal writ, or where the prisoner is delivered to the constable or other inferior officer to carry such prisoner to some common gaol, or where any person is sent by order of any judge of assize or justice of the peace to any common work- house or house of correction, or where the prisoner is removed from one prison or place to another within the same county, in order to his or her trial or discharge in due course of law, or in case of sudden fire or infection, or other necessity; and if any person or persons shall after such commitment aforesaid make out and sign or counter- GREAT BRITAIN AND IRELAND. 253 sign any warrant or warrants for such removal aforesaid, contrary to this act, as well he that makes or signs of countersigns such war- rant or Avarrants as the officer or officers that obey or execute the same, shall suffer and incur the pains and forfeitures in this act before mentioned, both for the first and second offence respectively, to be recovered in manner aforesaid by the l^arty grieved. Art. 9. Provided also that it shall and may be lawful, to and for any prisoner and prisoners as aforesaid, to move and obtain his or their hahe,(is corpus as well out of. the high court of chancery or court of exchequer, as out of the courts of King's bench or common pleas, or either of them, and if the said Lord Chancellor or Lord Keeper, or any judge or judges, baron or barons for the time being, of the degree of the coif, of any of the courts aforesaid, in the vacation- time, upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon oath made that such copy or copies were denied as aforesaid, shall deny any w^-it of haheas corpus by this act required to be granted, being moved for as aforesaid, they shall severally forfeit to the prisoner or party grieved the sum of five hundred pounds, to be recovered in manner aforesaid. Art. 10. And an haheas corpus^ according to the true intent and meaning of this act, may be directed and run into any county pala- tine, the Cinque Ports, or other privileged places within the Kingdom of England, dominion of Wales, or town of Berwick upon Tweed, and the islands of Jersey or Guernsey, any law or usage to the con- trary notwithstanding. Art. 11. And for preventing illegal imprisonments in prisons be- yond the seas, be it further enacted by the authority aforesaid that no subject of this realm that now is, or hereafter shall be, an inhabit- ant or resiant of this Kingdom of England, dominion of Wales, or town of Berwick upon Tweed, shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into any parts, gar- risons, islands or places beyond the seas, which are or at any time hereafter shall be within or without the dominions of his Majesty, his heirs or successors; and that every such imprisonment is hereby enacted and adjudged to be illegal; and that if any of the said sub- jects now is or hereafter shall be so imprisoned, every such person and persons so imprisoned shall and may for every such imprison- ment maintain by virtue of this Act an action or actions of false im- prisonment in any of his Majesty's courts of record, against the per- son or persons by whom he or she shall be so committed, detained, imprisoned, sent prisoner or transported, contrary to the true mean- ing of this Act, and against all or any person or persons that shall frame, contrive, w^rite, seal or countersign any w^arrant or writing for such commitment, detainer, imprisonment, or transportation, or shall be advising, aiding or assisting in the same, or any of them ; and the 254 CONSTITUTIONS OF THE STATES AT WAK. plaintiff in every such action shall have judgment to recover his treble costs, besides damages, which damages so to be given shall not be less than five hundred pounds; in which action no delay, stay or stop of proceeding by rule, order or command, nor no injunction, protection or privilege whatsoever, nor any more than one imparlance shall be allowed, excepting such rule of the court wherein the action shall de- pend, made in open court, as shall be thought in justice necessary, for special cause to be expressed in the said rule ; and the person or persons who shall knowingly frame, contrive, write, seal or counter- sign any warrant for such commitment, detainer, or transportation, or shall so commit, detain, imprison or transport any person or per- sons contrary ifco this Act, or be any ways advising, aiding or assist- ing therein, being lawfully convicted thereof, shall be disabled from thenceforth to bear any office of trust or profit within the said realm of England, dominion of Wales, or town of Berwick upon Tweed, or any of the islands, territories or dominions thereunto belonging; and shall incur and sustain the pains, penalties and forfeitures lim- ited, ordained and provided in and by the Statute of Provision and PraeTnunire made in the sixteenth jear of King Richard the Second ; and be incapable of any pardon from the King, his heirs or suc- cessors, of the said forfeitures, losses, or disabilities, or any of them. Art. 12. Provided always that nothing is this Act shall extend to give benefit to any person who shall by contract in writing agTee with any merchant or owner of any plantation, or other person what- soever, to be transported to any parts bej^ond the seas, and receive earnest upon such agreement, although that afterwards such person shall renounce such contract. Art. 13. Provided always that if any person or persons lawfully convicted of any felony shall in open court pray to be transported beyond the seas, and the court shall think fit to leave him or them in prison for that purpose, such person or persons may be transported into any parts beyond the seas, this Act or anything therein contained to the contrary notwithstanding. Art. 14.1 Art. 15. Provided also that if any person or persons at any time resiant in this realm shall have committed any capital offence in Scotland or Ireland, or any of the islands, or foreign plantations of the King, his heirs or successors, where he or she ought to be tried for such offence, such person or persons may be sent to such place, there to receive such trial in such manner as the same might have been used before the making of this Act, anything herein contained to the contrary notwithstanding. Art. 16. Provided also that no person or persons shall be sued, impleaded, molested or troubled for any offence against this Act, un- ^ Repealed by the Statute Law Revision Act of 1863. GREAT BRTTAIISr AND IRELAND. 255 less the party oifending be sued or impleaded for the same within two years at the most after such time wherein the offence shall be com- mitted, in case the party grieved shall not be then in prison; and if he shall be in prison, then within the space of two years after the decease of the person imprisoned, or his or her delivery out of prison, which shall first happen. Art. 17. And to the intent no person may avoid his trial at the assizes or general gaol-delivery, by procuring his removal before the assizes, at such time as he can not be brought back to receive his trial there, be it enacted that after the assizes proclaimed for that county where the prisoner is detained, no person shall be removed from the common gaol upon any habeas cotj^us granted in pursuance of this Act, but upon any such hahea^s corpus shall be brought before the judge of assize in open court, who is thereupon to do what to justice shall appertain. Art. 18. Provided nevertheless that, after the assizes are ended, any person or persons detained, n\^y have his or her habeas cor' pus according to the direction and intention of this Act. Art, 10. And if any information, suit or action shall be brought or exhibited against any person or persons for any offence conmiitted or to be connnitted against the form of this law, it shall be lawful for such defendants to plead the general issue, that they are not guilty, or that they owe nothing, and to give such special matter in evidence to the jury that shall try the same, which matter being pleaded had been good and sufficient matter in law to have dis- charged the said defendant or defendants against the said informa- tion, suit or action, and the said matter shall be then as available to him or them, to all intents and purposes, as if he or they had suffi- ciently pleaded, set forth or alleged the same matter in bar or dis- charge of such information, suit or action. Art. 20. And because many times persons charged with petty treason or felony, or as accessories thereunto, are committed upon suspicion only, whereupon they are bailable, or not, according as the circumstances making out that suspicion are more or less weighty, which are best known to the justices of peace that committed the persons, and have the examinations before them, or to other justices of the peace in the county, be it therefore enacted, that where any person shall appear to be committed by any judge or justice of the peace, and charged as accessory before the fact, to any petty treason or felony, or upon suspicion thereof, or with suspicion of petty- treason or felony, which petty treaspn or felony shall be plainly and specially expressed in the warrant of commitment, that such person shall not be removed or bailed by virtue of this Act, or in any other manner than they might have been before the making of this Act. 256 coNSTiTUTioisrs or the states at war. BILL OF EIGHTS OF 13 FEBRUARY 1689.^ Article 1. Whereas the Lords Spiritual and Temporal, and Com- mons, assembled at Westminster, lawfully, fully and freely repre- senting all the estates of the people of this realm, did, upon the thirteenth day of February, in the j^ear of our Lord one thousand six hundred eighty-eight, present unto their Majesties, then called and known by the names and style of William and Mary, Prince and Princess of Orange, being present in their proper persons, a certain declaration in writing, made by the said Lords and Commons, in the words following, viz. : ^ All which are utterly and directly contrary to the known laws and statutes and freedom of this realm. And whereas the said late King James the Second having abdi- cated the government, and the throne being thereby vacant, his Highness the Prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spir- itual and Temporal, and diverse principal persons of the Commons) cause letters to be w^ritten to the Lords Spiritual and Temporal, being Protestants, and other letters to the several counties, cities, universi- ties, boroughs, and Cinque Ports, for the choosing of such persons as represent them, as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January, in this year one thousand six hundred eighty and eight, in order to such an establishment, as that their religion, laws and liberties might not again be in danger of being subverted; upon which letters elec- tions have been accordingly made. And thereupon the said Lords Spiritual and Temporal, and Com- mons, pursuant to their respective letters and elections, being noAv assembled in a full and free representation of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done), for the vindicating and asserting their ancient rights and liberties, declare : That the pretended power of suspending of laws, or the execu- tion of laws, bj^ regal authority, without consent of Parliament, is illegal. 1 An Act declaring the Rights and lAberties of the Subject and setleing the Succession 'Of the Crowne [1 William and Mary, sess. 2, c. 12]. The text s^lven here is reprinted (in modern orthography) from The Statutes: Second Revised Edition, vol. i (London, 1888), pp. 690-696. 2 Here follows the enumeration of twelve complaints of Parliament against the gov- ernment of the late King James II. These are taken up almost word for word in the reply to the several complaints below. GREAT BRITAIN AND IRELAND. 257 That the pretended power of dispensing with hiws, or the execu- tion of hiws, by regal authority, as it hath been assumed and exer- cised of hite. is illegal. That the commission for erecting the late Court of Commis- sioners for ecclesiastical causes, and all other commissions and courts of like nature, are illegal and pernicious. That levying money for or to the use of the Crown, by pretence of prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal. That it is the right of the subjects to petition the King, and all f'ommitments and prosecutions for such petitioning are illegal. That the raising or keeping a standing army within the king- dom in time of peace, unless it be with consent of Parliament, is against law. That the subjects which are Protestants may have arms for their defence suitable to their conditions, and as allowed by law. That election of members of Parliament ought to be free. That the freedom of speech, and debates or proceedings in Par- liament, ought not to be impeached or questioned in any court or place out of Parliament. That excessive bail ought not to be required, nor excessive fines imposed ; nor cruel and unusual punishments inflicted. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders.^ That all grants and promises of fines and forfeitures of particu- lar persons before conviction are illegal and void. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, Parliament ought to be held frequently. And they do claim, demand and insist upon all and singular the premises, as their undoubted rights and liberties ; and that no declara- tions, judgments, doings or proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example. To which demand of their rights they are particularly encouraged by the declaration of his Highness the Prince of Orange, as being the only means for obtain- ing a full redress and remedy therein. Having therefore an entire confidence that his said Highness the Prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights, which they have here asserted, and from all other attempts upon their religion, rights, and liberties. 1 " And jurors . . . freeholders." Repealed by 6 George IV, c. 50, s. 62. 258 CONSTITUTIONS or the states at war. The said Lords Spiritual and Temporal, and Commons, assembled at Westminster, do resolve that William and Mar}'', Prince and Princess of Orange, be and be declared King and Queen of England, France ^ and Ireland, and the dominions thereunto belonging." Upon which their said Majesties did accept the Crown and royal dignity of the Kingdoms of England, France, and Ireland, and the dominions thereunto belonging, according to the resolution and de- sire of the said Lords and Commons contained in the said declara- tion. And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal, and Commons, being the two houses of Parliament, should continue to sit, and with their Majesties' royal concurrence make effectual provision for the settlement of the re- ligion, laws and liberties of this Kingdom, so that the same for the future might not be in danger again of being subverted; to which the said Lords Spiritual and Temporal, and Commons, did agree and proceed to act accordingly. N(5w in pursuance of the premises, the said Lords Spiritual and Temporal, and Commons, in Parlia- ment assembled, for the ratifying, confirming and establishing the said declaration, and the articles, clauses, matters and things therein contained, by the force of a law made in clue form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration, are the true, ancient and indubitable rights and liber- ties of the people of this Kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be, and that all and every the par- ticulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come.^ All which their Majes- ties are contented and pleased shall be declared, enacted and estab- lished by authority of this present Parliament, and shall stand, remain and be the law of this realm forever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled,, 1 The title of King of France was borne by the King of England up to 1801. 2 Here follow provisions governing the order of succession to the throne, the sup- pression of the former oaths of allegiance and supremacy and the creation of two new formulas of oaths (now virtually repealed) intended to replace them. 3 Here follow provisions (now merely matters of historical interest) concerning the recognition of the legitimate rights of William and Mary to the Crown of England, the establishment of the order of succession to the throne, the eventual exclusion from the throne of all the members of the royal family who might profess the " Popish " religion or whose spouse might profess this religion, the obligation imposed upon every- one called to succession to the throne to repeat audibly on the day of coronation the declaration mentioned in 30 Charles II, entitled "An Act for the more effectual preserving the King's person and government, by disabling Papists from sitting in either House of Parliament." GREAT BRITAIN AND IRELAND. 259 and by the authority of the same, declared, enacted or established accordingly. Akt. 2. And from and after this present session of Parliament, no dispensation by no7i ohstante of or to any statute, or any part thereof, shall be allowed, but the same shall be held void and of no effect, ex- cept a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament. Art. 3.^ ACT OF SETTLEMENT OF 12 JUNE 1701.- Article 1.^ Art. 2.* Art. 3. And whereas it is requisite and necessary that some further provision be made for securing our religion, laws and liberties, from and after the death of his Majesty and the Princess Anne of Den- mark, and in default of issue of the body of the said princess and of his Majesty respectively; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled, and by the authority of the same : That whosoever shall hereafter come to the possession of this crown shall join in communion with the Church of England as by law es- tablished. That in case the crown and imperial dignity of this realm shall hereafter come to any person, not being a native of this Kingdom of England, this nation be not obliged to engage in any war for the de- fence of any dominions or territories which do not belong to the Crown of England, without the consent of Parliament.^ That no pardon under the Great Seal of England be pleadable to an impeachment by the commons in Parliament. Art. 4. And whereas the laws of England are the birthriglit of the people thereof, and all the Kings and Queens who shall ascend the throne of this realm ought to administer the goA'ernment of the same according to the said laws, and all their officers and ministers 1 Repealed by tbe Statute Low Rerision Act of 1867 [30 & 31 Victoria, c. 59]. -An Act for the further Limitation' of the Crown and better aecuring the Rights and Liberties of the Subject [12 & 13 William III, c. 2]. The text given here is reprinted (in modern orthography) from The Statutes: Second Revised Edition, vol. i (London, 1888), p. 758-762. 2 Establishment of the eventual rights of I'rincess Sophia, electrix of Hanover, tO' suc- ceed to the crown of England, in default of Princess Anne of Denmark and her line. * Exclusion of those who profess the " Popish " religion from eligibility to succeed to the throne. ^ Here follow four paragraphs, subsequently repealed. 260 CONSTITUTIOISrS OF THE STATES AT WAR. ought to serve them respectively according to the same; the said Lords Spiritual and Temporal and Commons do therefore further humbly pray that all the laws and statutes of this realm for securing the established religion and the rights and liberties of the people thereof and all other laws and statutes of the same now in force may be rati- fied and confirmed, and the same are by his Majesty, by and with the ad,vice and consent of the said Lords Spiritual and Temporal and Commons, and by authority of the same, ratified and confirmed ac- cordingly. GREECE. After a lone: period of Turkish domination and a few stormy years as a republic, Greece was recognized as an independent mon- archy on 22 January/3 February 1830 by the Conference of Lon- don.' By the Treaty of London of 25 April/7 May 1832,- the new monarchy accepted Prince Otto of Bavaria as King. The latter ruled without a Constitution for eleven years, the first six of which were under a regency, but a military revolution (3/15 September 1843) caused him to convene a constituent Assembly at Athens, which eventually (4/16 March 1844) adopted a Constitution ^ mod- eled after the French Charter of 14 August 1830 * and the Belgian Constitution of 7 February 1831 ^ and admitting the system of bi- cameral assembly. The King took the oath to this Constitution on 18/30 March. The revolution of 10/22 October 1862, which overthrew King Otto, brought George of Denmark to the throne on 6 June 1863. The fol- lowing year a general revision of the Constitution was made (29 October) by the National Assembly which had chosen the new King. The latter took the oath to this Constitution on 16/28 November 1864.*^ The Senate was abolished and the legislative power entrusted (Article 22) to the King and a single house. A law of 25 Novem- ber/7 December 1865 abrogated Articles 83-86 concerning the Coun- cil of State. In 1911 the Constitution was modified and a substitute for a sec- ond chamber was adopted in the reestablishment of the Council of State. This Constitution came into force 1/14 June 1911. From present indications, it is probable that the Constitution will be re- vised again in the near future.^ 1 French text in British and Foreign State Papers, 17: pp. 191-105. * French and English texts in parallel columns in British and Foreign State Papers, 10 : pp. 33-41 ; English text in Hertslet, If op of Europe by Treaty, vol. i (London, 1875), pp. 893-899. = French text in British and Foreign State Papers, 82 : pp. 989-1000. * French text in British and Foreign State Papers, 17 : pp. 1013-lOlS. ^ French text in British and Foreign State Papers, 18 : pp. 1052-1065. ^ French translation in British and Foreign State Papers, 56 : pp. 572-584, and F. R. D.\RESTE ET P. Dare.ste, Les Constitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 301—317 ; and German translation in Paijl Posener, Die Staatsrcrfassungen des Erdballs (Charlottenburg, 1909), pp. 5S9-599. ' These introductory paragraphs are based upon Darestb, op. cit., pp. 299-300, and Po.SENER, op. cit., pp. 587-589. Cf. also The Statesman's Yearbook (1917 and 1918). 261 262 CONSTITUTIONS OF THE STATES AT WAR. CONSTITUTION OF 1/14 JUNE 1911.^ [Preamble.] In the Name of the Holy, Consubstantial and Indivisible Trinity, the Second National Assembly of the Greeks in Athens decrees : Religion. Article 1. The Established Religion in Greece is that of the East- ern Orthodox Church of Christ. Every other known religion is tolerated and the forms of its worship are carried out without hin- drance under the protection of the laws, proselytism and all other interference with the established religion being prohibited. Art. 2. The Orthodox Church of Greece, acknowledging for its Head our Lord Jesus Christ, is indissolubly united in doctrine with the Great Church in Constantinople and with every other Church of Christ holding the same doctrine, steadfastly observing, as they do, the holy apostolic and synodal canons and holy traditions; it is autocephalous, exercising its sovereign rights independently^ of every other Church, and it is administered by a Holy Synod of Bishops. The ministers of all recognized religions are subjected to the same superintendence on the part of the State as the ministers of the established religion. The text of the Holy Scriptures is maintained unchanged; the rendering thereof in another form of language without the previous sanction of the Great Church of Christ in Constantinople also is absolutely prohibited. The Public Rights of the Greeks. Art. 3. The Greeks are equal in the eye of the law and contribute without distinction to the public burdens according to their ability ; and only Greek citizens are admissible to all public employments, saving the special exceptions introduced by special laws. Citizens are those who have acquired or shall acquire the qualifications of citizenship in accordance with the laws of the State. Titles of no-' bility or distinction are neither conferred on Greek citizens nor recognized by them. Art. 4. Personal liberty is inviolable; no man may be prosecuted, arrested, imprisoned or otherwise confined, except when and as the law provides. 1 Translation taken from a manuscript belonging to the U. S. Department of State, English translation also in the British and Foreign State Papers, 108 : pp. 482-497. GREECE. 263 Art. 5. Except when taken in the act, no man nia_y be arrested or inipriKonod v, ithout a judicial warrant statino- the reason, which nnist he served at the moment of arrest or detention. He who is detained on bcin^ taken in the act or on a warrant of arrest mnst be bronght without delay before the competent examining judge within til hours of his arrest at the latest, or, if the arrest occurred beyond the limits of the district of the examining judge, within the time absolutely necessary for his conveyance. The examining judge must, within at the most three days of his appearance, either re- lease the person arrested or deliver a w^arrant for his imprisonment. In the event of either of these terms having passed without such action, every jailer or other person, civil or military, charged with the detention of the arrested person, must release him instantly. Those who violate the above provisions are punished for illegal de- tention and are obliged to make good any loss sustained by the in- jured party and further to indenniify him in a sum of money fixed at the discretion of the judge but never less than ten drachmas per diem. Akt. {). In case of political oft'enses, the Council of the Judges of the Court of Misdemeanors can always, on demand of the person detained, allow his release under bail fixed by a judicial order, against Avhich an appeal is allowed. In case of these offenses, pre- liminary detention caR never be prolonged beyond three months. Art. 7. No punishment may be inflicted unless previously fixed by law^ Art. 8. No one may be withdrawn without his consent from the [jurisdiction of the] judge assigned to him by law. Art. 9. Each individual or many together possess the right, on conforming with the laws of the realm, to address petitions in writing to the public authorities, who are bound to take prompt action and to furnish the petitioner with an answer in writing, in accordance with the provisions of the law. Only after the final decision of the authority to whom the petition was addressed, and by leave of that authority, may inquir}^ be made as to responsibility on the part of the petitioner for offenses contained in the petition. Art. 10. The Greeks have the right to meet quietly and unarmed ; only at public assemblages the police may be present. Assemblages in the open air may be prohibited, if danger to public security is imminent from them. Art. 11. The Greeks possess the right of association, conforming with the laws of the State, and in no case can the laws subject this right to previous permission on the part of the government. An association can not be dissolved for infraction of the provisions of the law except by a judicial decision. 264 CONSTITUTIONS OF THE STATES AT WAR. Art. 12. The dwelling is inviolable. Domiciliary visits can only be made when and as the law^ directs. Offenders against these provisions are punished for abuse of au- thority and are bound fully to indemnify the injured party and further to compensate him in a sum of money fixed at the discretion of the Law Court but never less than one hundred drachmas. Aet. 13. In Greece human beings may neither be bought nor sold ; a slave, purchased or otherwise, of every race and religion, is free from the time he sets foot on Greek soil. Art. 14. Everyone may publish his opinions by speech, by writing or by printing, observing the laws of the realm. The press is free. Censorship and every other preventive measure is prohibited. The seizure of newspapers and other printed treatises whether before or after publication is likewise prohibited. Exceptionally seizure after publication is permitted on account of insult to the Christian re- ligion or to the person of the King, or, in cases determined by law, on account of indecent publications manifestly offending public decency ; but in such case, within 24 hours, after the seizure, both the public prosecutor must submit the case to the Judicial Council and the Council must decide whether the seizure is to be maintained or withdrawn; otherwise the seizure is cle ^ure raised. Appeal is al- io w^ed against the order only to the publisher of the article seized and not to the public prosecutor. The publication of news or communications relating to military movements or to the fortifications of the country may be prohibited in such manner as the law shall direct, under threat of seizure and criminal prosecution. In case of seizure the provisions above stipu- lated are applied. Both the publisher of a newspaper and the author of a reprehensi- ble publication relating to private life, in addition to the penalty im- posed according to the terms of the criminal law, are civilly and conjointly liable fully to redress any loss occasioned and to indem- nify the injured party in a sum of money fixed at the discretion of the judge but never less than 200 drachmas. Only Greek citizens are allowed to publish newspapers. Art. 15. No oath may be imposed except in the form provided by law. Art. 16. Education, which is under the supreme supervision of the State, is conducted at the State expense. Elementary education is obligatory for all, and is given free by the State. Private persons and corporations are allowed to establish private schools conducted in accordance with the Constitution and the laws of the realm. GREECE. 265 Art. 17. No one may be deprived of his j)roperty except for the public benefit diil}^ proven, when and as the law directs and always after indemnification. The indemnification is always fixed through the judicial channel. In case of urgency it may be provisionally fixed judicially after the beneficiary has been heard or summoned and the beneficiary may be obliged, at the discretion of the judge, to give a proportionate guarantee in the manner defined by law. Until the final or provisional indemnification fixed is paid, all the rights of the proprietor are maintained intact, dispossession not being per- mitted. Special laws settle the details respecting the proprietorship and disposal of mines, quarries, archaeological treasures, and mineral and running waters. Art. 18. Torture and general confiscation are prohibited. Civil death is abolished. The penalty of death for political offenses, ex- cept when complicated by other crimes, is abolished. Art. 19. No previous permission of the administrative authority is required to prosecute public or municipal officials for their punish- able acts connected with their service, except in the case of ministers for which special provisions are laid down. Art. 20. The secrecy of letters is absolutely inviolable. The Form of Government. * Art. 21. All powers have their source in the nation and are exer- cised in the manner appointed by the Constitution. Art. 22. The legislative power is exercised by the King and the House of Representatives. Art. 23. The right of proposing laAvs belongs to the House of Rep- resentatives and the King, who exercises it through the ministers. Art. 24. No proposal regarding an increase of the budgetary ex- penditure by salary or pension, or in general for the advantage of a person, may originate from the House of Representatives. Art. 25. A project of law rejected by either of the two Estates pos- sessing the legislative power may not be again introduced in the same parliamentary session. Art. 26. The authentic interpretation of the laws rests with the legislative power. Art. 27. The executive power belongs to the King, and is exercised by the responsible ministers appointed by him. Art. 28. The judicial power is exercised by the courts of law, and judicial decisions are executed in the King's name. 88381—19 18 266 co^srstitutions of the states at war. The King. Art. 29. The person of the King is irresponsible and inviolable; his ministers are resx^onsible. Art. 30. No act of the King is valid, nor is it executed, if it be not countersigned by the competent minister, who is rendered re- sponsible by his signature alone; in case of a change of the whole Ministry, if no one of the retiring ministers consent to counter- sigTi the decree dismissing the old and appointing the new Ministry, these are signed by the president of the new Ministry after taking the oath on appointment by the King. Art. 31. The King appoints and dismisses his ministers. Art. 32. The King is the highest authority of the State. He com- mands the land and sea forces, declares war, concludes treaties of peace, alliance and commerce, and communicates them to the House of Representatives with the necessary explanations as soon as the interest and the security of the State allow it. Nevertheless treaties of commerce and any others granting concessions concerning which according to other provisions of the present Constitution nothing can be determined without a law, or which lay a burden upon Greeks per- sonally are not valid without the consent of the House of Representa- tives. Art. 33. No cession or exchange of territory can take place with- out a law. The secret articles of a treaty can never subvert the open articles. Art. 34. The King confers military and naval rank in accordance' v/ith the law ; he appoints and dismisses public officials also according to the law, saving the exceptions determined by law, but he can not appoint an official to an office not [already] established by law. Art. 35. The King issues the necessary decrees for the execution of the laws ; but he can never delay the operation, nor except any one from the execution of the law. Art. 36. The King sanctions and publishes the laws voted by the House of Representatives. A law not published within two months of the conclusion of the session is null. Art. 37. The King convokes the House of Representatives in ordi- nary session once a year, and in extraordinary session as often as he deems expedient ; he opens and closes each session either in person or by deputy, and he has the right of dissolving the House of Represen- tatives, but the decree of dissolution, countersigned by the Ministry, must at the same time include the convocation of the electors within 45 days and of the House of Representatives within three months: Art. 38. The King has the right, once only, to suspend the labors of a legislative session, either by postponing the opening or by inter- rupting the continuance of those labors. GREECE. 267 The suspension can not exceed 30 days, nor can it be renewed dur- ing the session without the consent of the House. Art. 39. The King has the right to pardon, commute and diminish the punishments awarded by the courts of law, saving in the case of the provisions concerning ministers; he has moreover the right to grant amnesty only in the case of political crimes under the respon- sibilit}' of the Ministry. xVkt. 40. The King has the right to confer the established decora- tions in accordance with the provisions of the law relative to this subject. Art. 41. The King has the right to coin money accordiiig to law. Art. 42. The Koyal Civil List is fixed by law; the annual Civil List of King George I, in which is included the sum voted by the late Ionian Parliament, is fixed at 1,125,000 drachmas. This amount may be increased after ten years by a law.^ Art. 43. King George after signing the present Constitution will take the following oath before the present National Assembly : I swear in the name of the Holy, Cousubstantial and Indivisible Trinity to defend the established religion of the Greeks, to guard the Constitution and the laws of the Greek nation, and to preserve and protect the national independence and integrity of the Greek State. Art. 44. The King has no other powers than those expressly as- signed to him by the Constitution and the special laws consistent with it. Succession and Regency. Art. 45. The Greek Crown and its constitutional rights are heredi- tary, and pass to the legitimate and lawful descendants of King George I in direct line by order of primogeniture, preference being given to the males. Art. 46. If no successor exist in accordance with the above stipu- lations, the King appoints one with the consent of the House of Rep- resentatives, convoked for the purpose, [and deciding] by the vote of two thirds of the total number of representatives and by open voting. Art. 47. Every successor to the Greek throne must profess the re- ligion of the Eastern Orthodox Church of Christ. Art. 48. The crowns of Greece and of any other State whatever can never be united on the same head. Art. 49. The King attains his majority on completing the eight- eenth year of his age. Before ascending the throne he takes the oath comprised in Article 43 in the presence of the ministers, of the Holy Synod, of the representatives [present] in the capital and of ^ This amount was increased about two years later to 2,000,000 drachmas. 268 constitutio:e^s of the states at war. the other higher authorities. The King convokes the House of Kepre- sentatives within two months at the most, and repeats the oath be- fore the representatives. Art. 50. In case of the King's death, if the successor be a minor or absent, and there be no Regent already appointed, the House of Representatives, even if its term have expired or it have been dis- solved, assembles without summons on the tenth day at latest after the King's death. The royal constitutional power is exercised by the Ministerial Council under in its own responsibility until the Regent have taken the oath or the successor have arrived. A special law will regulate the details concerning the Regency. Art. 51. If, when the King dies, his successor be a minor, the House of Representatives, even if its terms have expired or it have been dissolved, assembles to choose a guardian ; but a guardian is only chosen when none such is named in the will of the deceased King, or when the infant successor has not a mother remaining in her widow- hood, who is then called as of right to the guardianship of her child. The guardians of the infant King, whether appointed by will or chosen by the House of Representatives, must be a Greek citizen of the Eastern faith. Art. 52. In case of a vacancy of the throne the House of Repre- sentatives, eA^en if its term have expired or it have been dissolved, provisionally elects a Greek citizen of the Eastern faith as Regent, and the Ministerial Council exercises under its own responsibility the royal constitutional power in the name of the nation until the Regent have taken the oath ; within two months at the latest repre- sentatives equal in number to the members of the House are elected by the citizens, and these, meeting in one body with the House of Representatives, choose a King by a majority of two thirds of the whole number and by open voting. Art. 53. If the King owing to sickness deem necessary the estab- lishment of a Regency, he convokes the House with this object and invites through the Ministry [the passing of] a special law to this effect. If the King is not in a state to reign, the Ministerial Council convokes the House of Representatives, and the House when it meets, if it recognizes the necessity by a majority of three fourths of the votes, chooses a Regent and, if necessary, a guardian, by open voting. A special law will settle the details concerning a Regency in case of the absence of the King from the Kingdom. The House of Representatives. Art. 54. The House of Representatives assembles annually by inherent right on the 1st of October [old style] in regular session foi GREECE. 269 the business of the year unless the King convoke it for this business earlier in conformity with Article 37. The duration of each regular session may not be less than three months, in which the period of suspension according to Article 38 is not computed. Art. 55. The House of Representatives sits in public in the Par- liament House, but may debate with closed doors on the demand of the members if it be so decided in secret sitting by a majority, and afterwards it decides whether the debate on the same subject ought to be resumed in public sitting. Art. 56. The House of Representatives can not debate without the presence of at least one third of the total number of its members, nor can it take any decision without an absolute majority of the mem- bers present, which majority can in no case be less than four fifths of the minimum number of the quorum. In case of an equality of votes, the motion is rejected. Ajrt. 57. No project of law is adopted unless it have been dis- cussed and voted by the House of Representatives, once in principle and twice article by article and as a whole, on three different days. After the vote in principle, the project under discussion is sent to a committee of the House, if it has not been previously so sent or if it has not been elaborated by the Council of State ; and after it has been revised by the committee, or the period fixed for that purpose has expired, the debate article by article follows in different sittings not less than two days apart from each other. But in exceptional circumstances the House may, declaring the project urgent, abstain from sending it to a committee and may reduce to one day the interval between the two discussions article by article. If amendments are admitted at the time of the last discussion, the vote of the project as a whole is postponed until what has been voted has been printed and distributed as amended. The voting of judicial codes previously prepared by special com- mittees constituted by special laws may take place by means of a particular law sanctioning the said codes as a whole. The project of such a law may not be declared urgent. The codification of existing provisions by simple rearrangement, or the entire reenactment of repealed laws, except laws relating to taxation may be effected in the same manner. Art. 58. No one without a summons may present himself before the House of Representatives to make any statement verbally or in writing, but petitions are presented by a member or deposited at the office. The House has the right to send the petition addressed to it to the ministers, who are bound to give explanations whenever they are demanded ; the House can also appoint from among its members committees to examine the subjects. 270 coNSTiTUTiojsrs or the states at wae. x\.RT. 59. No tax can be imposed or collected without a law. Ex- ceptionally, in the case of imposition or increase of an import duty the collection of it is permitted from the date of the presentation to the House of the project concerning it, upon the express condition of the publication of the law at latest within ten days of the close of the parliamentary session. Akt, 60. In its annual ordinary session the House of Representa- tives votes for the ensuing financial year the strength of the military and naval forces, the conscription for the arm}^ and navj^, and the budget, and decides concerning the final accounts. All the revenue and expenditure of the State must be shown in the budget and in the final accounts. The budget is brought into the House within the first two months of the session, and after being examined by a special committee of members, it is voted in one reading chapter by chapter and article by article, in sections to be settled in the regulations of the House, and on four different days, but a division by roll call is to be taken on the total estimates of each ministry. The final account of the last financial year is brought into the House within a year at latest after its close. It is examined by a special committee of members, and is voted by the House in the man- ner to be settled in its regulations. Aet. 61. No salary, pension, allowance or remuneration is in- scribed in the budget of the State, or is granted, without an organic or other special law. Art. 62. A representative can not be prosecuted, nor in any way questioned on account of an opinion or vote given bj^ him in the exercise of his duty as a representative. Art. 63. During the parliamentary session a representative can not be prosecuted, arrested or imprisoned without the leave of the body; such leave is not required in case of discovery in flagrante delicto. Personal detention can not be exercised against a repre- sentative during the parliamentary session, four weeks before its be- ginning and three after its termination. If a representative chance to be undergoing personal detention he is released without four weeks before the beginning of the session. Art. 64. Before beginning their duties the representatives take the following oath in the Parliament House and in public sittings : I swear in tlie name of the Holy, Consubstantial and Indivisible Trinity to observe fidelity to the country and to tlie Constitution and the laws of the State, and conscientiously to fulfill my duties. Representatives belonging to other religions, instead of the invoca- tion "in the name of the Holy, Consubstantial and Indivisible Trinity," swear according to the formula of their own religion. GREECE. 271 Art. 65. The House of Representatives determines by its regula- tions the manner of fulfilling its duties. Art. 66. The House of Representatives is composed of representa- tives chosen by the citizens having the right to elect by direct, uni- versal and secret suffrage. The parliamentary elections are ordered and carried out simul- taneously throughout the realm. Art. 67. The representatives represent the nation and not only the electoral district b}^ which they are returned. Art. 68. The number of representatives from each electoral dis- trict is fixed by law in propjortion to the population. But tlie total number of representatives can never be less than 150. Art. 60. The representatives are elected for four consecutive years, commencing from the date of the general elections; and at the end of the quadrennial parliamentary jDeriod the holding of general par- liamentary elections is ordered. Within 45 days from the holding of these elections the House of Representatives is obligatorily sum- moned to an ordinary sesion only if the late House have not fulfilled, for the year in which the elections were held, the stipulations of Article 60. A representative's seat vacated during the last year of the period is no't filled, provided that the number of vacancies do not exceed one fourth of the total number of representatives. Art. 70. To be elected representative it is necessary to be a Greek citizen, to have completed the 25th year and to be lawfully qualified to elect. A representative who loses these qualifications is ipso facto de- prived of the character of representative. Should doubt arise upon this point the House of Representatives decides. Art. 71. Salaried public servants, militarj' men on the active list, mayors, notaries, custodians of mortgages and deeds of transfer, and process-servers can not be elected representatives unless they have resigned their functions before the day of nomination of candidates. The duties of a representative are incompatible with the business of a manager or other representative, director or salaried legal ad- viser or employee of mercantile societies or undertakings enjoying special privileges or a regular subvention in virtue of a special law. Those who belong to one of those catagories must within eight days of the validation of their election declare their choice between the position 6f representative and their business as above; in de- fault of such declaration they ipso facto lose the position of repre- sentative. The incompatibility of other business also with the character of a representative may be established by law. 272 CONSTITUTIOE-S OF THE STATES AT WAK. Art. 72. Representatives undertaking any one of the duties or businesses referred to in the preceding article if80 facto lose the character of a representative. Art. 73. The examination and the trial of parliamentary elec- tions against the validity of which objections are raised refer- ring either to electoral irregularities in the course of them or to the absence of qualifications (in the elected candidate) are referred to a special tribunal chosen by lot from among all the members of the Areopagus [Court of Cassation] and of the Courts of Appeal of the realm. The drawing of lots is effected by the Areopagus in public sitting, and the presidency of the special tri- bunal is occupied by the member who takes precedence by rank or seniority. The details with regard to its functions and to its entire procedure will be settled by a law. Resignation of the representative character is the right of the representative. Art. 74. The House of Representatives elects from among its mem- bers at the beginning of each parliamentary session its president, its vice-president and its secretaries. Art. 75. Representatives resident at Athens and the Piraeus re- ceive as compensation from the public treasury at the beginning of every quarter 800 drachmas [$160] ; the rest 1,000 drachmas [$200]. An additional allowance of 250 drachmas a month is granted to the regular president of the House of Representatives for contingent ex- penses. In no circumstances is any other compensation granted to represen- tatives for the fulfilment of their duties. Art. 76. In case of absence of a representative for more than five sittings per month without the leave of the House, during an ordi- nary or extraordinary session, 20 drachmas for each sitting are re- tained out of the above compensation. The Ministers. Art. 77. No member of the royal family can be aj^pointed min- ister. Art. 78. The ministers have free entrance to the sittings of the House of Representatives, and are listened to whenever they demand a hearing ; but they only vote if they are members. The House can require the presence of ministers. Art. 79. In no case can an order from the King, whether written or verbal, release the ministers from responsibility. Art, 80. The House of Representatives has the right to impeach ministers, in accordance with the laws concerning ministerial respon- sibility, before the tribunal ad lioc presided over by the president of GREECE. 273 the Areopagus [Court of Cassation] and composed of 12 judges drawn by lot by the president of the House in public sitting from among all the members and president of the Courts of the Areopagus and of Appeal already appointed before the impeachment, in the manner more specifically determined by the law. Art. 81. The King can pardon a minister, condemned according to the above provisions, only with the consent of the House of Rep- resentatives. The Council of State. Art. 82. To the province of the Council of State belong par- ticularly : 1. The elaboration of projects of law and of decrees containing regulations. 2. The decision of differences, concerning a contested adminis- trative act, which are submitted to it by law. 3. The invalidation on petition, for infringement of the law, of acts of the administrative authorities, in accordance with details more particularly fixed in the law. 4. The supreme disciplinary jurisdiction over irremovable ad- ministrative oificials according to the laws dealing with that subject. In cases provided for in Paragraphs 2, 3 and 4, Articles 92 and 93 of the Constitution apply. Art. 83. The Council of Ministers decides what projects of law shall be entrusted to the Council of State for elaboration before they are presented to the House of Representatives. The House may refer to the Council of State the projects submitted to it. The budget is never referred to the Council of State. Art. 84. Decrees containing regulations are issued after opinion given by the Council of State, which pronounces within a suitable period fixed by the competent minister ; should this period pass with- out any action being taken, the decree is issued Avithout [the Coun- cil's] opinion. The opinion of the Council of State is not binding on the minister. Art. 85. The members of the Council of State are ordinary and extraordinary. The number of them is fixed by law, but that of ordinary members can not be less than 7 nor more than 15, nor that of extraordinary members more than 10. The extraordinary members are chosen from among the superior public servants of the State other than judicial, at an additional salary fixed by the law. Art. 8G. The ordinary members of the Council of State are ap- pointed by royal decree on the proposal of the Ministerial Council. The term of service is ten years, and those w^ho have completed their 274 co:ivhich shall remain subject in all respects to the police regulations. Art. 21. Haitians have the right to join and form societies in accordance with the law. - Art. 22. The right of petition shall be personally exercised by one or several individuals, never in the name of a body. Petitions shall be addressed to the legislative power or to the executive power. Art. 23. The secrecy of private correspondence entrusted to the mail is inviolable. The law shall determine who shall be responsible for this violation. Art. 24. French is the official language. Its employment shall be obligatory in administrative and judicial matters. Art. 25. No previous authorization shall be required to prosecute public officials for acts done during their administration, except in those cases established by the Constitution. Art. 26. Nothing shall be added to or taken away from the Con- stitution by means of law. The letter of the Constitution shall always prevail. Title III. — The Sovereignty and the Powers to Which the Exer- cise Thereof Is Delegated. Art. 27. The national sovereignty resides in the citizens taken as a whole. Art. 28. The exercise of this sovereignty shall be delegated to three powers: the legislative power, the executive power and the judicial power. They shall form the government of the Republic, which is essen- tially civil, democratic and representative. Art. 29. Each power shall be independent of the other two in its attributions which it exercises separately. None of them shall delegate its faculties, nor go beyond the limits prescribed for it. Art. 30. Individual responsibility shall be formally attached to ail public functions. The law shall govern the procedure to be followed against public officials for acts done during their administration. CHAPTER I. SECTION I. THE LEGISLATIVE POWER. Art. 31. The legislative power shall be exercised by two assem- blies: one Chamber of Deputies and one Senate, which shall form the legislative body. HAITI. 299 Art. 32. The number of deputies shall be fixed according to the population, on the basis of one deputy for every 60,000 inhabitants. While the census of the population is being made, the number of deputies is fixed at 36, apportioned between the arrondissements actually existing, to wit: 3 deputies for the Arrondissement of Port- au-Prince; 2 each for the Arrondissements of Cap-Haitien, Cayes, Port-de-Paix, Gonaives, Jeremie, Saint-Marc and Jacmel; and 1 deputy each for the other arrondissements. The deputy shall be elected by a majority of the votes cast by the primary assemblies of the district in conformity with the manner and the conditions provided by law. Art. 33. To be a member of the Chamber of Deputies, it shall be necessary : 1. To be over 25 years of age. 2. To be in the enjoyment of civil and political rights. 3. To have resided at least one year in the arrondissement to be represented. Art. 34. The members of the Chamber of Deputies shall be elected for two years, and may be reelected indefinitely. They shall begin to discharge their office the first Monday of April of even numbered 3^ears. Art. 35. In case of vacancy by reason of death, resignation, dis- qualification of a deputy, or for any other cause, provision shall be made for a successor in his electoral district, only for the remainder of his term, by a special election called immediately by the President of the Republic. This election shall take place within a period of 30 days after the convocation of the primar}^ assembh', in accordance with Article 107 of the present Constitution. The same procedure shall take place in case of non-election in one or several districts. SECTION ir. — THE SENATE. Art. 36. The Senate shall consist of 15 Senators. Their functions shall last six years and shall begin the first Mon- day of April of even numbered years. They may be reelected indefinitely. Art. 37. The Senators represent the departments, which are five in number, to wit : 4 senators for the Department of the West. 'S each for the Departments of the North, South and the Artibo- nite. 2 for the Department of the North West. 300 CONSTITUTIOK"S OF THE STATES AT WAR. Senators shall be elected by universal and direct suffrage in the primary assemblies of the several departments in accordance with the manner and the conditions prescribed by law. Those candidates shall be elected who shall have obtained the high- est nvimber of votes in the departments. In the first election after the adoption of the present Constitution, these elections shall take place in the following manner : In each department the candidate who shall have obtained the highest number of votes shall be elected senator for this department for a period of six years ; the candidate who shall have obtained the next highest number of votes shall be elected for a period of four years. In each of the Departments of the North, of the South and of the Artibonite, the candidate who shall have obtained the third high- est number of votes, and, in the Department of the West, the can- didates who shall have obtained the third and fourth highest number of votes, shall be elected for a period of two years. In the following and in the regular elections, the candidates who shall have obtained the highest number of votes in the several depart- ments shall be elected for the entire period of six years. The Senate shall be renewed by thirds every two years. Art. 38. To be elected senator, it shall be necessary : To be over 30 years of age. To be in the enjoyment of civil and political rights. To have resided at least two years in the department to be represented. Art. 39. In case of vacancy by reason of death, resignation, dis- qualification of a senator, or any other cause, provision shall be made for a successor in his department only for the remainder of his term, by a special election called immediately by the President of the Republic. This election shall take place within a period of 30 days after the convocation of the primary assembly, in accordance with Article 107 of the present Constitution. The same procedure shall take place in case of non-election in one or several departments. SECTION III. — -THE NATIONAL ASSEMBLY. Art. 40. The two houses shall meet in National Assembly, in the cases provided for by the Constitution. The powers of the National Assembly shall be limited and shall not be extended to any other purposes than those which are specially assigned to it by the Constitution. Art. 41. The president of the Senate shall preside over the Na- tional Assembly, the president of the Chamber of Commons shall be HAITI. 301 the vice-president of it, and the secretaries of the Senate and of the Chamber of Commons shall be the secretaries of |the National Assembly. Art. 42. The attributions of the National Assembly shall be : 1. To elect the President of the Republic and to administer to him the constitutional oath. 2. To declare war, upon the report of the executive power. 3. To approve or to reject treaties of peace and other inter- national treaties and conventions. Art. 43. In the years of regular presidential elections, the National Assembly shall proceed to the election of the President of the Re- public on the second Monday in April and shall not undertake any other work, remaining in permanent session except on Sundays and holidays, until the President shall have been elected. Art. 44. The election of the President of the Republic shall be made by secret ballot and by an absolute majority. If. after the first ballot, no candidate has secured the number of votes required for his election, a second ballot shall be taken. If on this second ballot no candidate is elected, the election shall be con- centrated on the three candidates who have obtained the highest number of votes. If after three ballots none of the three has been elected, the balloting shall be between the two who have received the greatest number of votes, and the one who secures the majority of votes cast shall be proclaimed President of the Republic. If the votes of the two candidates are equally divided, the election shall be decided by lot. Art. 45. In case of vacancy of the office of President, the National Assembly must convene within ten days, with or without convocation of the Council of the Secretaries of the State. Art. 46. The meetings of the National Assembly shall be public. Nevertheless, it may resolve itself into a secret committee at the re- quest of five members and decide thereafter by an absolute majority whether or not the meeting should continue to be held in public. Art. 47. In case of urgency at a time when the legislative body is not in session, the executive power may convene the National Assem- bly in extra session. He shall communicate to the National Assembly, through a written message, the reasons for this convocation. Art. 48. The presence in the National Assembly of a majority of each of the two houses is necessary to pass its resolutions; but a minority may adjourn from day to day in order to compel the absent members to attend the meeting, according to the manner and under the penalties which the National Assembly may prescribe. 302 CONSTITUTIONS OF THE STATES AT WAR. CHAPTER II. SECTION I. — THE EXERCISE OF THE LEGISLATIVE POWEE. Art. 49. The seat of the legislative body shall be in the capital of the Republic. Art. 50. The legislative body shall meet each year, without need of express convocation, on the first Monday of April. The session shall begin from the date when the bureaux ^ of the two houses are established. The session shall last three months. In case of necessity, this period may be extended to four months by the executive power or by the legislative body. The President of the Republic may adjourn the houses. But the adjournment shall not last over one month, and more than two adjournments shall not take place during the course of the same session. Art. 51. In the interval between sessions, and in case of urgency, the President of the Republic shall call the legislative body to meet in extra session. He shall explain to them, by means of a message, the reason for this measure. In the case of being called to meet in extra session, the legislative body shall not take up any other matters foreign to those for which it has been convened. Art. 52. Each house shall be the judge of the election of its mem- bers and shall decide absolutely the contests which may arise on the subject. Art. 53. The members of each house shall individually take the oath to maintain the rights of the people and to be faithful to the Constitution. 4-J?T. 54. The meetings of the two houses shall be public. Each house may resolve itself into a secret committee at the request of five members and decide thereafter by an absolute ma- jority whether or not the meeting should continue to be held in public in regard to the same subject. Art. 55. The legislative power shall make the laws on all subjects of public interest. The initiative [of the legislation] shall belong to each one of the two houses as well as to the executive power. Nevertheless, the budgetary law, the law concerning the assess- ment, distribution and manner of collection of taxes and contribu- tions, the laws having for their object the creation of revenue or increase of the expenses of the State shall be first voted by the Chamber of Deputies. ^ That is, the oflacers and clerks necessary for the conduct of business. HAITI. 30S In case of disjigreement between the two houses in regard to these laws, each house shall draw by lot an equal number of members to form an interjiarliamentary commission which shall decide the dis- agreement with finality. The executive power has the exclusive right to take the initiative with laws regarding the public expenses; and neither of the two houses has the right to increase in whole or in part the expenses proposed by the executive power, AnT. 5(). Each house, by its own rules, shall establish its discipline and determine the method under wiiich it shall exercise its attribu- tions. Each house may impose disciplinary penalties upon its members for reprehensible conduct and may expel a member by the vote of a majority of two thirds of its members. Art. 57. The members of the legislative body, except in case of fagrante delicto^ of treason or acts entailing a corporal or ignomin- ious punishment, shall not be prosecuted or arrested by way of re- pression during the length of the session Avithout the authorization of the house to which they belong. In no case shall they be arrested while they are attending a meet- ing of their house or while they are on their way to and from it. Art. 58. Neither of the two houses shall adopt anj^ resolutions with- out the presence of an absolute majority of its members; hoAvever, a lesser number of members may adjourn from day to day and com- pel the absent members to attend the meeting according to the manner and under the penalties which each house may prescribe. Art. 59. No act of the legislative body shall be passed except by a number of votes equal to or greater than the majority of the mem- bers present, except when otherwise provided for by the present Constitution. Art. 60. No bill shall be adopted by either of the tAvo houses without having been voted article by article. -•"^RT. 61. Each house shall have the right to amend and revise the articles and amendments proposed. The amendments voted by one house shall not be made a part of a bill until they have been voted on by the other house; and no bill shall be enacted into law until after it has been voted on in the same form by the two houses. Any bill may be withdrawn before said bill is definitiveh^ voted upon. Art. 62. Every law passed by the legislative body shall be immediately sent to the President of the Republic, who. before pro- mulgating it, has the right to make objections thereto, in whole or in part. In this case he shall return the law to the house in Avhich it origi- nated, together with his objections. If the law is amended by this house, it shall be sent to the other house, together Avith the objections. 304 CONSTITUTIONS OF THE STATES AT WAE. If the law thus amended is passed by the second house, it shall be sent again to the President to be promulgated. If the objections are rejected by the house which originally passed the bill, it shall be sent to the other house, together with the objec- tions. If the second house likewise votes to reject these objections, the law shall be sent to the President, who shall then be obliged to pro- mulgate it. The rejection of the objections shall be voted in both houses by a majority of two thirds of each house; in this case the vote of each house shall be by yeas and nays and shall be noted clown in the margin of the minutes beside the name of each member of the Assembly. If two thirds of either house shall not meet to consider the rejec- tion of the objections, said objections shall be accepted. Art. 6r3. The right to object should be exercised within eight days from the elate of the presentation of the law to the President, exclu- sive of Sundays and days of adjournment of the legislative body, in accordance with Article 50 of the present Constitution. Art. 64. If, within the period prescribed by the preceding article, the President of the Republic does not make any objection, the law shall be promulgated, unless the session of the legislative body shall have closed before the expiration of that period. In this case the law shall be held in abeyance. Art. 65. A bill rejected by one of the two houses shall not be re- introduced during the same session. Art. 66. The laws and other acts of the legislative body shall become official through the Moniteur and shail be inserted in the bulletin printed and numbered under the title, Bulletin des Lois. Art. 67. The law shall take its date from the day of its definitive adoption by the tw^o houses ; but no laws shall become obligatory until after their promulgation, which is to be made according to law. Art. 68. No one shall personally present petitions to the legislative body. Art. 69. Each member of the legislative body shall receive a monthly indemnity of one hundred and fifty dollars, beginning from his taking of the oath. Art. 70. The office of member of the legislative body is incom- patible with any other office under the pay of the State. CHAPTER III. THE EXECUTIVE POWER. SECTION I. THE PEESIDENT OF THE REPXTBLIC. ; Art. 71. The executive power shall be exercised by a citizen whfb shall take the title of President of the Eepublic. HAITI. 305 Art. 72. The President of the Republic shall be elected for four years. He shall enter upon his duties on 15 May, except when he has been elected to fill a vacancy ; in this case he shall be elected for the remainder of the term and he shall enter upon his duties imme- diately after his election. The President shall be eligible for immediate reelection. A Presi- dent who has been .reelected shall not be elected for a third term unless after the expiration of a period of four years. A citizen who has been elected President three times shall not be eligible for that office. Art. 73. To be elected President of the Republic, it shall be neces- sary : 1. To have been born of a Haitian father and never to have re- nounced his nationality. 2. To be over 40 years of age. 3. To be in the enjoyment of civil and political rights. Art. 74. The President shall, before entering upon his duties, take before the National Assembly the following oath: I swear before God and before the nation to observe and cause to be observed faithfully the Constitution and the laws of the Haitian people, to respect the rights of the latter, to maintain the national independence and the integrity of the territory. Art. 75. The President of the Republic shall appoint and remove the secretaries of State. -^He shall be charged with seeing to the execution of the treaties of the Republic. He shall seal the laws with the seal of the Republic and shall pro- mulgate them within the time prescribed by Articles 62, 63 and 64. He shall be charged with the enforcing of the Constitution and the laws, acts and decrees of the legislative body and of the National Assembly. He shall issue all the regulations and decrees necessary for this purpose, without, however, the power to suspend or interpret the laws, acts and decrees themselves or to interfere with their enforce- ment. He shall make appointments to public offices and positions, only by virtue of the Constitution or of some express provision of a law and under the conditions therein prescribed. He shall provide according to law for the internal and external safety of the State. He shall make all international treaties or conventions, subject to the approval of the National Assembly. He shall have the right to grant pardons and commutation of punishment imposed by final judgments rendered in actual trial, 306 CONSTITUTIONS OF THE STATES AT WAK. except in cases of impeachment by the courts or by the Chamber of Deputies, as is provided in Articles 100 and 101 of the present Con- stitution. He shall grant amnesty in political matters according to the pro- visions of the law. He shall command and direct the armed forces of the Republic and shall confer the grades according to the lav^. He shall have power to demand a written report from the chief official of each of the ministerial departments on any subject relating to the conduct of their respective departments. Art. 76. If the President shall become temporarily unable to exer- cise his functions, the Council of the Secretaries of State shall be charged with the executive authority so long as the disability exists. Art. 77. In case of vacancy of the office of President, the Council of the Secretaries of State shall be vested temporarily with the executive power. It shall immediately convene the National Assembly for the elec- tion of a successor for the remainder of the presidential term. If the legislative body is in session, the National Assembly shall be convened without delay. If the legislative body is not in session, the National Assembly shall be called in accordance with Article 45. Art. 78. All the acts of the President, except the decrees appoint- ing or removing from office the secretaries of State, shall be counter- signed by the secretary of State in charge of the matter concerned. Art. 79. The President shall have no other powers than those formally attributed him by the Constitution and the special laws enacted by virtue of the Constitution. Art. 80. At the opening of each session the President, by means of a message, shall render to each of the two houses separately an account of his administration during the year and shall present the general situation of the Republic both at home and abroad. Art. 81. The President of the Republic shall receive from the public treasury an annual indemnity of twenty-four thousand dol- lars. Art. 82. The President shall reside in the National Palace of the capital. SECTION II. THE SECRETARIES OF STATE. Art. 83. The secretaries of State shall be five in number. They shall be distributed among the different ministerial departments as the services of the State may require. A decree shall determine this distribution in accordance with the law. Art. 84. To be appointed secretary of State, it shall be necessary : 1. To be over 30 years of age. 2. To be in the enjoyment of civil and political rights. HAITI. 307 Art. 85. The secretaries of State shall meet in Council under the presidency of the President of the Eepublic or of any one of them delegated by the President. All deliberations of the Council shall be recorded in a book; and the minutes of each session shall be signed by the members of the Council present thereat. Art. 8G. The secretaries of State shall have the right to the floor of each of the two houses as well as to that of the National Assembly, but only to discuss the bills proposed by the executive power and to support its objections or to make any other official communication. /Art. 87. The secretaries of State shall be responsible, each in that which concerns him, both for the acts of their department and for the non-execution of laws relating thereto. They shall correspond directly with the authorities subordinate to them. Art. 88. Each secretary of State shall receive from the public treasury an annual indemnity of six thousand dollars. CHAPTER 111 [his]. THE JUDICIAL POWEE.^ Art. 89. The judicial power shall be exercised by a Court of Cas- sation and by inferior courts, the formation and jurisdiction of which shall be established by law. Art. 90. The judges of all the courts shall be appointed by the President of the Republic. He shall appoint and remove the officials of the public ministry at the Court of CaSvSation and the other courts, justices of the peace and their substitutes. Art. 91. No one shall be appointed judge or officer of the public ministry who is not over 30 years of age, for the Court of Cassa- tion, or over 25 years, for the other courts. Art. 92. The Court of Cassation shall take no cognizance of the subject-matter of cases. Nevertheless, in all matters, except such as have been passed upon by jury, when the same case shall be presented again by the same parties upon an appeal, even upon an exception, the Court of Cassation, admitting the appeal, shall not remand the case, but shall pass a decision upon the subject matter, in full bench. Art. 93. The judges of the Court of Cassation, the judges of the courts of appeal and of first instance shall enjoy irremovability. The law shall regulate the conditions upon which they shall cease to enjoy the privilege of irremovability and the manner of their retirement on account of age or any other disability or by reason of the suppression of the court. 1 This repetition in the numbering of the chapters is obviously a typographical error. 308 CONSTITUTIONS OF THE STATES AT WAR. They shall not be transferred from one court to another or en- trusted with other functions, even if superior, without their formal consent. Art. 94. Judicial functions are incompatible with all other salaried public functions. Incompatibility resulting from relationship or marriage shall be regulated by law. The law shall also regulate the conditions required to be a judge of any rank. Art. 95. Commercial litigation shall be submitted to the courts of the first instance and the justices of the peace, in accordance with the Code of Commerce. Art. 96. The sittings of the courts shall be public, unless it is deemed that publicity is detrimental to public order or good morals ; in this case a declaration to that effect shall be made by the court. The hearing in cases of political offenses or of offenses committed through the press shall never be secret. Art. 97. Every decree or decision shall state the grounds upon which it is rendered ; it shall be rendered in open court. Art. 98. The Court of Cassation shall take cognizance and pro- nounce upon conflicts of attributions in the manner established by law. It shall be competent in all cases decided by a court martial and brought before it on the ground of lack of competence or excess of jurisdiction of that court. Art. 99. The Court of Cassation, in full bench, shall decide upon the constitutionality of the laws. The courts should refuse to apply all those laws which have been declared unconstitutional by the Court of Cassation. They shall not apply the decrees and regulations of the adminis- tration which are not in accordance with the law. CHAPTER IV. THE PROSECUTION AGAINST THE MEMBERS OF THE STATE POWERS. Art. 100. The Chamber of Deputies has the right to impeach the President and indict him before the Senate for high treason or any other crime or offense committed by him in the exercise of his functions. It may also impeach : 1. The secretaries of State in case of malversation, treason, abuse or excess of their powers or any other crime or offense com- mitted in the exercise of their functions. 2. The members of the Court of Cassation, of one of its sections, or of any officer of the public ministry connected v.dth the Court of Cassation, in case of prevarication. HAITI. 309 The impeachment shall not bo pronounced except by a majority of two thirds of the members of the Chamber. By virtue thereof, the Chamber indicts the accused before the Senate sitting as a High Court of Justice. xVt the openmg of the hearing each member of the High Court of Justice shallCtake' oath to judge with impartiality and firmness proper to an honest and free man, following his conscience and his intimate conviction. When the President of the Republic is on trial, the president of the Court of Cassation shall preside. The High Court of Justice shall not impose any other penalty than deposition, dismissal and deprivation of the right to exercise any public function for not less than one year nor more than five years ,-^ but the guilty party may be indicted before the ordinary courts in accordance with the laAV, if there is reason for imposing other penal- ties or deciding upon the institution of civil proceedings. No one shall be tried or sentenced except by a majority of two thirds of the members of the Senate. The time fixed for the duration of the session of the legislative body in Article 50 of the present Constitution shall not serve to put an end to the prosecution, when the Senate is sitting as a High Court of Justice. Art. 101. In case of prevarication, any judge or official of the public ministry shall be impeached by one of the sections of the Court of Cassation. In case of a whole court, the impeachment shall be pronounced by the Court of Cassation, in full bench. Art. 102. The law shall regulate the mode of procedure against the President of the Republic, the secretaries of State and the judges in the case of crimes or offenses committed by them either in the exercise of their functions or outside thereof. CHAPTER IV. COMMUNAL INSTITUTIONS. Art. 103. There shall be one council for each commune. The president of the communal council has the title of communal magistrate. This institution shall be regulated by hnv. The law^ shall determine in the communes or in the arrondisements the civil officials who shall represent directly the executive power. Art. 104. The following principles must form the bases of the communal institutions: 1. The election by the primary assemblies of the communal coun- cils every two years. 2. The attribution to the communal councils of all that may be of interest to the commune, subject, however, to subsequent ap- 310 CONSTITUTIOlSrS OF THE STATES AT WAE. proval of their acts in the cases and in the manner determined by law, 3. The publicity of the meetings of the councils within the limits established by law. 4. The publicity of budgets and accounts. 5. The. intervention of the executive power to prevent the coun- cils from going beyond their attributions and doing injury to the general interests. Art. 105. The communal magistrates shall be paid by their com- mune. Art. 106. The communal council shall not spend every month more than one twelfth of the total amount voted for its budget. CHAPTER V. PRIMARY ASSEMBLIES. Art. 107. The primary assemblies shall meet without previous convocation in their respective communes on 10 January of each even-numbered year in the manner and form established by law. They shall have for their object the election, at the times fixed by the Constitution, of the deputies of the people, the senators of the Eepublic, the communal councilors, and to decide on the amendments proposed to the Constitution. They shall not take cognizance of any other matters than those at- tributed to them by the present Constitution. They are bound to adjourn sine die as soon as this object is ac- complished. Art. 108. The law establishes the conditions required to exercise the right of suffrage in the primary assemblies. Title IV. — Finances. Art. 109. The imposts for the benefit of the State and of the communes shall only be established by a law. No charge shall be levied on the communes except upon the formal consent thereof. Art. 110. The laws establishing the imposts shall be enforced only for one year. Art. 111. No distinction in regard to imposts shall ever be made. No exemption, no increase or decrease of imposts shall be made except by a law. Art. 112. No pension, gratuity, subvention or subsidy of any kind, to be paid by the public treasury, shall be granted except by virtue of a law proposed by the executive power. Art. 113. The simultaneous holding of offices under the pay of the State is formally prohibited, except positions in secondary or higher education. HAITI. 311 Art. 114. The budget submitted by each secretary of State shall be divided into chapters and must be voted by articles. The shifting of appropriations is forbidden. The Secretary of State for Finance shall be bound, on his personal responsibility, not to disburse each month, for the benefit of each ministerial department, more than one twelfth of the amount appro- priated in its own budget ; an exception may be made for extraordi- nary cases by decision of the Council of the Secretaries of State. The general accounts of the receipts and expenditures of the Re- public shall be kept by the Secretary of State for Finance under the system of accounting to be established by law. The fiscal year begins on 1 October and ends on 30 September of the following year. Art. 115. Every year the legislative body shall settle: 1. The accounts of receipts and expenditures for the preceding year or years. 2. The general budget of the State containing the rough estimate and the portion of the funds assigned annually to each secretary of State. But no resolution or amendment shall be introduced with the budget foi- the purpose of reducing or increasing the salaries of public officials. All changes of this nature shall only be effected b}' an amendment of the law. Art. 116. The general accounts and the budgets provided for in the preceding article should be submitted to the legislative body by the Secretary of State for Finance at the latest within eight days of the opening of the legislative session. The examination and the liquidation of the accounts of the general administration and of all accounts against the public treasury shall be made according to the manner established by law. Art. 117. In case the legislative body, for any reason Avhatever, should fail to approve the budget of one or more of the ministerial departments before its adjournment, the budget or budgets of the interested departments in force for the current budgetary year shall be maintained for the following budgetary year. Title V. — The Public Force. Art. 118. An armed force to be known as the Gendarmepw cF Haiti shall be established to preserve order, guarantee the rights of the people and police the cities and the country. It shall be the only armed force of the Republic. Art. 119. The regulations for the maintenance of discipline in the Gendannci ie and the repression of the offenses committed by those who compose it shall be established by the executive power. These regulations .shall have the force of law. 312 CONSTITUTIONS OF THE STATES AT WAK. These regulations shall establish the organization of the courts martial of the Gendarmerie, shall prescribe their powers and shall determine the obligations of their members and the rights of the individuals who are to be judged by them. The sentences pronounced by courts martial of the Gendarmerie sliall be subject only to revision by the Court of Cassation, and this revision shall be confined to questions of jurisdiction and of excess of powers. Title VL — Genekal Provisions. Art. 120. The national colors shall be blue and red horizontally placed. The coat of arms of the Republic shall consist of a palm tree sur- mounted by a cap of liberty adorned by a trophy with the legend: " L'Union fait la force." Art. 121. No oath shall be required except by virtue of the Consti- tution or of a law. Art. 122. The national holidays shall be: That of the Independ- ence, 1 January, and that of Agriculture, 1 May, The legal holidays shall be determined by law. Art. 123. No law, decree or rule of the public administration shall be obligatory until it has been published in the form established by law. Art. 124. All elections shall be made by secret ballot. Art. 125. The state of siege shall not be declared except where the external or internal security is in imminent peril. The act of the President of the Eepublic declaring a state of siege must be countersigned by the majority of the secretaries of State present in the capital. An account shall be rendered of it at the opening of the houses by the executive power. "ILrt, 126. The eifects of the state of siege shall be regulated by a special law. Art. 127. The present Constitution and all the treaties actually in force or to be concluded hereafter, and all the laws decreed in accord- ance with this Constitution or with these treaties, shall constitute the law of the country, and their relative superiority shall be deter- mined by the order in which they are here mentioned. All the provisions of the laws which are not contrary to the pro- visions of this Constitution or to the treaties actually in force or to be concluded hereafter, shall be maintained until they have been formally abrogated or amended ; but those which are contrary thereto shall be and shall remain abrogated. HAITI. 313 Title VII. — The Revision of the Constitution. Art. 128. The amendments of the Constitution must be adopted by tlie majority of votes of all the electors of the Republic. Each of the two branches of the legislative power, or the President of the Republic, through a message to the legislative power, may propose amendments to the present Constitution. The amendments proposed shall not be subject to popular ratifica- tion until after their adoption by a two-thirds majority of each legis- lative house sitting separately. These amendments shall then be published immediately in the Monite^tr. Toy three months before voting on the proposed amendments, the texts thereof shall be posted by each communal magistrate in the principal public places of his commune, and shall be printed and published twice a month in the newspapers. At the next biennial session of the primary assemblies, the pro- posed amendments shall be submitted to vote, one by one, by yeas and nays, in secret and separate ballot, and those amendments which should have obtained the absolute majority of votes in all the terri- toi-y of the Republic shall become an integral part of the Constitu- tion from the day on which the legislative body convenes. SPECIAL ARTICLE. All i\\Q acts of the Government of the United States during its military occupation of Haiti are ratified and validated. .4. No Haitian shall be amenable to civil or criminal prosecutions by reason of any act executed by virtue of orders received during the oocupation or under its authority. / The acts of the courts martial during the occupation shall not be subject to revision, without prejudice, however, to the right of pardon. The acts of the executive power performed up to the promulga- tion of the present Constitution are likewise ratified and validated. Title VIII. — Transitory Provisions. Art. a. The duration of the mandate of the citizen President of the Republic at the moment of the adoption of the present Constitu- tion shall come to an end on 15 May 1922. Art. B. The duration of the mandate of the communal councilors existing at the time of the adoption of the present Constitution shall come to an end in January, 1920. Art. C. The first election of members of the legislative body aftei the adoption of the present Constitution shall take place on 10 Janu- ary of an eA'en-numbered year. 88381—19 21 314 CONSTITUTIONS OF THE STATES AT WAR. The year shall be fixed by a decree of the President of the Ee- public published at least three months before the meeting of the primary assemblies. The session of the legislative body then elected shall convene on the constitutional date immediately following the first election. Art. D. a Council of State, created in accordance with the same principles as those of the decree of 5 April 1916 and composed of 21 members distributed among the different departments, shall exer- cise the legislative power until the legislative body is constituted, on which date the Council of State shall cease to exist. Art. E. The irremovability of judges shall be suspended for a period of six months beginning from the date of the promulgation of the present Constitution. HONDURAS. The first separate Constitution of the Republic of Honduras dates from 11 December 1825, After the dissolution of the Central Ameri- can Federation, Honduras remodeled its Constitution on 11 January 1839. This Constitution has been modified on several occasions: 4 February 1848, 2l^^September 1865, 23 December 1873, 1 November 1880 ^ and 14 October 1894. But the wars and dictatorships which succeeded each other almost without interruption for fifty years have caused the suspension or non-observance of these texts, the majority of which have remained dead letters. The Constitution in force today is still that of 1894. Replaced by a new Constitution on 2 September 1904,- it Avas restored ^ shortly after with a single modification (abolishment of the institution of the jury).* CONSTITUTION OF 14 OCTOBER 1894.^ [Preamble.] ^^^ un^ ^ ^-u^ 6 C^j7 We, the representatives of the people of Honduras, having assem- bled to formulate the fundamental law of the nation, declare and sanction the following Political Constitution. Title I. — The Nation. Article 1. Honduras is a State disjoined from the Republic of Central America. In consequence, it recognizes as a most pressing necessity its reunion with the other States of the dissolved Republic. To this effect the legislative power is authorized to definitively ratify the treaties which aim to accomplish this reunion with one or more of the States of the old Federation. Art. 2. Honduras is a free, sovereign and independent nation. Art. 3. The national sovereignty resides essentially in the univer- sality of Hondurans. 1 EngUsh translation in the Bntish and Foreign State Papers, 71 : pp. 906-921. 2 Spanisli text and English translation in parallel columns in J. I. Rodriguez, American Constitutions (Washington, 1906), vol. i, pp. 360-3S9. English translation also in the British and Foreign State Papers, 100 : pp. 1072-10S9. s See Mensaje del Presidente (Tegucigalpa, 1909), p. 10. ' This introductory paragraph is based upon F. R. Dareste et P. Dareste, Lea Con- sUiutions modernes (3d edition, Paris, 1910), vol. ii, pp. 563-564. » Translated by Antonio M. Opisso from the official Spanish text. 315 316 CONSTITUTIONS OF THE STATES AT WAR. Art. 4, All public power emanates from the people. The func- tionaries of the State have no further authority than that expressly given to them by law. All acts executed by them outside of the law are null. Art. 5. The limits of Honduras and its territorial divisions shall be determined by law. Title II. — Hondurans. Art. 6. Hondurans are either natives or naturalized. Art. 7. The following are natives : 1. Those who are born in Honduras of Honduran parents. 2. Children born in Honduras of foreigners domiciled there and children of a Honduran father or mother born abroad who should choose Honduran nationality. The provisions of the last paragraph may be modified by treaty, provided there is reciprocity. Art. 8. Children of the other Republics of Central America who declare before the highest political departmental authorities their desire to become Hondurans are considered as natives. Art. 9. The following are naturalized : 1. Spanish- Americans who have resided one year in the country and who declare, before the proper authority, their desire to be nat- uralized therein. 2. Other foreigners who have resided two years in the country and who declare, before the aforesaid authority, their desire to be naturalized therein. 3. Those who obtain naturalization papers from the authority designated by the law. Title III. — Foreigners. Art. 10. The Republic of Honduras is a sacred asylum for all who may take refuge in its territorj^ Art. 11. Foreigners, from the moment of their arrival in the ter- ritory of the Republic, are obliged to respect the authorities and to observe the laws. Art. 12. Foreigners enjoy in Honduras all the civil rights of Hon- durans. Art. 13. They may acquire every kind of property in the country ; but with regard to their property, they shall be subject to all the ordinary taxes and to those extraordinary taxes of a general charac- ter to which Hondurans are liable. Art. 14. They shall not present claims or demand any indemnity from the State except in such cases and in such form as Hondurans may do so. HONDURAS. 317 Art. 15. Foreigners shall not have recourse to diplomatic interven- tion except in cases of denial of justice. For this purpose a judicial decision unfavorable to the claimant is not understood to be a denial of justice. If, in contravention of this provision, they do not teraii- nate their claims in an amicable manner and cause injury to the coun- try, they shall forfeit the right to live therein. Art. 16. Extradition shall be granted only by virtue of a law or of treaties, for serious common crimes; never for political crimes, even if, in consequence of the latter, a common crime should ensue. Art. 17. The laws shall establish the form and the cases in which a foreigner may be denied entry into the territory of the nation, or his expulsion ordered, because of his being considered pernicious. Art. 18. Laws and treaties shall define the use of these guarantees, without the power to diminish or alter them. Art. 19. The provisions of this title do not modify the treaties now existing between Honduras and other nations. Title IV. — Citizens. Art. 20. All Hondurans over 21 years of age, and those over 18 who are married or know how to read and write, are citizens. Art. 21. The following are the rights of the citizen: To vote, to apply for public offices and to possess and carry arms, all in accord- ance with the law. Art. 21. The rights of citizenship are suspended: 1. By an order for imprisonment or a declaration that there are grounds for indictment. 2. By vagrancy legally established. 3. By disorder of the metal faculties judicially established. 4. By a sentence depriving the subject of political rights, during the service of such sentence. 5. By having been declared a fraudulent debtor, until judicial rehabilitation is obtained. 6. By a sentence which imposes a penalty higher than a cor- rectional penalty. 7. By accepting employment from foreign States without per- mission of the proper authorities. The Kepublics of Central Amer- ica are not considered foreign States. Art. 23. Active suffrage can not be renounced and is obligatory to all citizens. Art. 24. Suffrage shall be direct and secret. Elections shall be carried out in the form prescribed by law, and the law shall give a corresponding representation to minorities. Art. 25. Only citizens over 21 years of age, who are in the exercise of their rights, can qualify for election. 318 CONSTITUTIONS OF THE STATES AT WAR. Title V. — Rights and Guarantees. Art. 26. The Constitution guarantees to all the inhabitants of Honduras, whether nationals or foreigners, the inviolability of hu- man life, individual security, liberty, equality and property rights. INVIOLABILITY OF HUMAN LIFE. Art. 27. Capital punishment is absolutely abolished in Honduras. INDIVIDUAL SECURITY. Art. 28. The Constitution recognizes the guarantee of habeas corpus. Consequently every person illegally detained, or any other person in his name, has the right to have recourse to the court, ver- bally or in writing, demanding the production of the person. Art. 29. Every person has the right to ask for protection against any attempt or arbitrary proceedings of which he may be a victim, and to make effective the exercise of all the guarantees which this Constitution establishes, when he has been wrongfully restrained in the enjoyment thereof, by law or by the acts of any public au- thority, "agent or functionary. Art. 30. A warrant of arrest which does not emanate from the competent authority, or which has been issued without the legal formalities, is illegal. Art. 31. Detention for the purpose of inquiry shall not exceed six days. Art. 32. The solitary confinement of the person detained shall not exceed 24 hours. Art. 33. No order for imprisoimient may be made without full proof before the arrest that a crime has been committed which is punishable with a penalty higher than a correctional penalty and without at least reasonable presumption as to who the author is. Art. 34. Imprisonment or arrest is permitted, through sentence or judicial order, in such cases and for such periods as are provided by the law. The judicial order shall not be for a period exceeding 30 days. Art. 35. An offender in -fiagrcmte delicto may be apprehended by any person for the purpose of handing him over immediately to the authority having the right to arrest. Art. 36. No one may be imprisoned or detained except in such places £ts the law determines. Art, 37. Even with a warrant for imprisonment, no one can be taken to prison, or detained therein, if he furnishes sufficient bail, when a greater penalty than three years is not applicable for the offense. HONDURAS. 319 Art. 38. No one may be judged by special commissions or by judges other than those designated by the hiw. Art. 39. Imprisonment for debts is forbidden except in cases of fraud. Art. 40. The right of defense is inviolable. Art. 41. In criminal cases no one can be obliged to give evidence against himself or against his spouse or relatives within the fourth degree of consanguinity or the second degree of affinity. Art. 42. No one may be molested or prosecuted on account of his opinions. Private actions which do not interfere with morality or public order, or which do not injure third parties, will always be beyond the action of the law. Art. 43. Whipping or beating with cudgels and all kinds of tor- ture are absolutely forbidden. Unnecessary imprisonment and all undue rigor are also forbidden. Art. 44, The dwelling of every i-ndividual is a sacred asylum which shall not be forcibly entered except by the authorities in the following cases: 1. To take out of it a criminal surprised in -flagrante delicto. 2. When an offense is committed inside of the dwelling; when some scandalous disturbance requiring prompt remedy has taken place therein, or when so requested from the interior of the house. 3. In case of fire, earthquake, flood, epidemic or any other analogous emergency. 4. To release a person unlawfully sequestered. 5. To remove objects sought by virtue of a process, provided there is at least partial proof of the existence of said objects, or to execute a judicial order legally issued. 6. To arrest parties whose imprisonment or detention has been ordered, provided there is at least partial proof that they are con- cealed in the house to be forcibly entered. In the two cases last mentioned the forcible entry shall not take place without the written order of the competent authority. Art. 45. When the dwelling place to be entered is not the domicile of the party pursued, the authority or its agents shall previously ask the permission of the tenant. Art. 46. The forcible entry of a domicile in those cases which re- quire a written order shall not be made between the hours of seven o'clock in the evening and six o'clock in the morning. Art. 47. Private correspondence by letter or telegram, private papers and commercial books are inviolable. In no case shall the executive power or the agents thereof intercept, open or detain private letters or telegrams. Correspondence intercepted, whether at post-offices or any other place, shall not be admitted in evidence. 320 CONSTITUTIONS OF THE STATES AT WAE. Art, 48, Private correspondence, papers and books shall only be seized by order of a competent court in the cases, Avhether civil or criminal, which the law may determine; said correspondence must be examined in the presence of the person possessing it, or if absent, in the presence of two witnesses, and those papers which have no bearing upon the matter under investigation shall be returned. Art. 49. The enactment of laws providing for proscription, con- fiscation or the establishment of infamous or perpetual penalties is hereby forbidden. The duration of the penalties shall not exceed fifteen years. Art. 50. Laws shall not have retroactive effect except in criminal cases, where the new law is favorable to the delinquent. Art, 51. The police force shall only be entrusted to the civil authorities. Art. 52. No penalty higher than correctional shall be imposed ex- cept after a jury has found the delinquent guilty. liberty. Art. 53. A slave who enters on the territory of Honduras becomes free. Slave traffic is a crime. Art. 54. The free exercise of all religions, limited only by morality and public order, is guaranteed. Art, 55, The civil status of persons shall not be subject to any specified religious belief. Art. 56. The expression of thought, written or spoken, is free, and the law shall not restrict it. Neither shall the law prevent the cir- culation of national or foreign printed matter. Offenses committed through the press shall be previously qualified by the jury. Art. 57. Free education is guaranteed. Education supported by public funds shall be laical, and primary education shall be also gratuitous, obligatory and subsidized by the State. The law shall regulate education without restricting its liberty or the independence of its professors. Art. 58. The liberty of meeting unarmed and of forming associa- tions for any legal object is guaranteed. The establishment of any kind of monastic association^ is forbidden. Art. 59^. All industries are free. Only spirits, gunpowder, salt- peter and tobacco can be made a monopoly for the benefit of the nation. Art, 60, Monopolies, privileges and concessions can only be estab- lished for a limited time for the purpose of stimulating the intro- duction or improvement of new industries, colonization or emigra- tion, institution of credit and the opening up of means of com- munication. HONDURAS. 321 Art. 61. Every one is at liberty to dispose of his property, in ac- cordance with the civil law, by sale, donation, will or any other legal title. Art. C2. Entails and all institutions in favor of religions estab- lishments are prohibited. Art. 63. Any person or collection of persons has the right to ad- dress petitions to the legally established authorities for their decision and to be informed thereof. Art. 64. Every one is at liberty to enter, remain in, traverse and quit the territory of the nation without a passport. EQUALITY. Art. 65. In law there are no charters or personal privileges. The ministers of the different religious societies shall not hold public offices. Art. 66. Proportionality shall be the basis of direct taxation. PROPERTY. xA.rt. 67. No one shall be deprived of his property except by virtue of a law or of a sentence founded on law. Expropriation, when necessary or for public utility, must be authorized by law or by a sentence founded on law, and shall not take place without previous compensation. In case of war previous compensation is not indis- pensable. Art. 68. All authors or inventors enjoy the exclusive ownership of their work or inventions for such period as the law determines. Art. 69. The right of recovery of confiscated property prescribes after fifty years. Art. 70. Congress alone shall impose national taxes. Art. 71. No personal service can be exacted except by virtue of the law or a sentence founded on law. general provisions. Art. 72. The enumeration of rights and guarantees made in this Constitution does not exclude other rights and guarantees not enu- merated but arising from the principle of sovereignty of the people and of the republican form of government. Art. 73. The laws which regulate the exercise of these guarantees shall become ineffective in so far as they diminish, restrict or alter them. Art. 74. In case of external war a state of siege may be declared in the whole Republic or any part thereof. The state of siege will 322 CONSTITUTIONS OF THE STATES AT WAR. last as long as the circumstances which caused it may require; but shall not exceed sixty days without a fresh declaration, and shall never alter the guarantees as set forth in Articles 27, 43 and 49. The state of siege shall also be declared in case of disturbances of the public peace in the interior, being limited to the place or to the territory where disturbances of the order exist, and may be extended if so required for the security of the Eepublic. Art. 75. In case of an epidemic, sanitary regulations may be issued in opposition to or in restriction of the guarantees contained in Articles 44, 47, in so far as relates to the detention of correspondence, 58, 64 and 71. Title VI. — The Form or Government. Art. 76. The government of Honduras is republican, democratic and representative. It is exercised by three independent powers; Legislative, executive and judicial. Art. 77. None of the constituted powers shall perform any acts altering the established form of Government or impairing the in- tegrity of the territory or the national sovereignty. Title VII. — The Legislative Power. Art. 78. The legislative power is exercised by a Congress of Deputies which will assemble in the capital of the Republic on th^ first of January of each year without need of previous convocation. Art. 79. The sessions of Congress shall last sixty days and may be extended for forty days more, when so required by matters of actual interest. Art. 80. Congress shall also hold extraordinary sessions when con- voked by the executive, in which case it will occupy itself solely with the business stated in the decree convoking it. Art. 81. After Congress has been installed in the capital, it may resolve to move to another place. Art. 82. On the twenty-first day of December of each year the deputies shall assemble in preparatory meetings, and with the concur- rence of five at least they shall organize the directory, in order to issue the necessary orders for the installation of Congress. Art. 83. Two thirds of the members composing Congress shall be sufficient to constitute a quorum. Art. 84. Five deputies may convoke an extraordinary session of Congress at anj^ place in the Eepublic, whenever the executive has prevented its sessions or has dissolved them. Art. 85. Deputies shall be elected for four years and may be re- elected indefinitely. Every two years they shall be renewed by halves. The first renewal shall be made by lot, and the subsequent ones by order of seniority. BtONDURAS. 323 Art. 86. The following shall not be elected deputies : 1. The secretaries and under-secretaries of State. 2. The employees of the executive power who exercise general or departmental jurisdiction. 3. Soldiers in service. 4. Contractors for public works or services paid for with funds of the State, and those who by reason of said contracts may have claims in their own interest. 5. Debtors in arrears of the public treasury, and those who have pending accounts for the administration of its funds. 6. The relatives of the President of the Republic within the fourth degree of consanguinity or the second degree of affinity. Art. 87. Deputies from the day of their election shall enjoy the following prerogatives: 1. Personal immunity from being accused or sentenced without previous declaration of Congress to the effect that they may be prose- cuted. 2. No civil action shall be brought against them from thirty days before, or until fifteen days after, the ordinary or extraordinary ses- sions of Congress, except in case of counter-claim. 3. Not to be subject to military service without their consent from the time of election until the end of their term of office. 4. Not to be banished from the Republic or held in confinement during the period for which they have been elected. 5. Not to be responsible for their opinions or their parliamentary initiative. Art. 88. Deputies are not obliged to accept employment from the executive. Should they voluntarily accept any of the offices enumer- ated in Article 86, the,y shall ipso facto cease to be deputies and their successor shall be elected. Art. 89. The election of deputies to Congress shall take place on the basis of one sitting deputy and one substitute for every ten thou- sand inhabitants. In the event of there being fractions, their repre- sentation shall be determined by law. Title VIII. — The Attributions of the Legislative Power. Art. 90. The following attributions belong to Congress : 1. To open and close its sessions, certify the elections of its members upon the presentation of their credentials and receive their promise according to law. 2. To summon the respective substitutes in case of the absolute non-attendance or legal disqualification of the sitting member and order the filling of the vacancies which may occur. 3. To accept the resignation of its members for legal reasons duly approved. 324 CONSTITUTIONS or THE STATES AT WAR. 4. To regulate its internal management. 5. To decree, interpret, reform and abrogate laws. 6. To create and suppress public offices, provide pensions and decree honors. 7. To grant pardons and amnesties and commute sentences. 8. To provide for everything relative to the security and defense of the Republic. 9. To scrutinize the votes for the President and the Vice-Presi- dent of the Republic and the magistrates of the Supreme Court of Justice, and declare the election of those citizens who have obtained an absolute majority. 10. In case of there being no absolute majority, to elect the President, Vice-President and magistrates from among the three citi- zens who have obtained for each office the greatest number of popular votes. 11. When several elections concur in a single individual, prefer- ence shall be determined in the following order: 1. President; 2. Vice-President; 3. deputy; 4. magistrate. The election as a sitting member has preference over that of substitute. 12. To receive the constitutional promise from the public officials it may elect or declare elected and to accept or refuse their resigna- tions. 13. To designate every year three citizens to exercise the execu- tive power in the order of their election in cases of vacancy of the Presidency or Vice-Presidency of the Republic, provided for in the Constitution. 14. To declare that there are grounds for impeachment of the President, the Vice-President, deputies, magistrates of the Supreme Court, secretaries of State and diplomatic agents during the term of their offices. 15. To change the residence of the supreme powers for grave reasons. 16. To decree rewards and grant temporary privileges to au- thors and inventors and to such as introduce or improve new in- dustries of general utility. 17. To decree subsidies to promote new industries or improve existing ones. 18. To grant subventions for purposes of public utility. 19. To grant or refuse permission to Hondurans to accept em- ployment from other nations. 20. To approve or disapprove the conduct of the executive. 21. To approve, modify or disapprove the contracts entered into by the executive in the cases provided for in Article 60, or when their effect has to be extended to the following presidential term. HONDURAS. 3 25 22. To approve, modify or disapprove the treaties concluded with other nations. 23. To regulate land and maritime commerce. 24. To approve or disapprove the accounts of public expendi- tures. 25. To fix annually the budget of expenditures, taking the prob- able revenues as a basis thereof. 26. To levy taxes. 27. To regulate the payment of the national debt. 28. To decree the alienation of national property or its applica- tion to public uses. 29. To contract loans. 30. To open ports and to create and suppress custom-houses. 31. To decree the weight, fineness and type of national cur- rency. 32. To declare war and conclude peace. 33. To fix in each ordinary session the number of the forces of the permanent army. 34. To allow or forbid the passage of troops belonging to another country through the territory of the Republic. 35. To declare the Republic or any part thereof in a state of siege in accordance with the law. 36. To confer the rank of general of brigade or division on the recommendation of the executive. 37. To grant naturalization papers to foreigners. 38. To appoint the members of the Court of Accounts and the Fiscal General of the Treasury. Art. 91. The legislative power shall not settle or declare the civil status of persons or grant academic or literary degrees. Art. 92. The faculties of the legislative power, with the exception of those which refer to the installation of high public officials in office, can not be delegated. Title IX. — The Formation, Sanction and Promulgation or the Law. Art. 93. Only the deputies, the President of the Republic through the secretaries of State and the Supreme Court of Justice in matters of its competence can introduce laws. Art, 94. No bill shall be definitively voted until it has been con- sidered three times on separate days except in cases of urgency sup- ported by two thirds of the votes. Every proposal having for its object to declare the urgency of a law must be preceded by a state- ment of the motives on which it is founded. 326 CONSTITUTIONS OF THE STATES AT WAR. Art. 95. Every bill, as soon as it is approved by Congress, shall be dispatched to the executive, at the latest, within three days after it has been passed, so that the executive may sanction it and may cause it to be promulgated as law. Art. 96. The promulgation of a law shall be effected with the following formula : " Therefore, let it be carried out." Art. 97. Should the executive power find reasons for not sanction- ing the bill, it shall be returned to Congress within ten days with the formula, " Keturn to Congress," setting forth the reasons upon which it bases its disapproval. If, within the said period it does not object, the bill shall be held to be sanctioned and shall be promul- gated as law. Should the executive return the bill, Congress shall subject it to a reconsideration; and if it is ratified by two thirds of the votes, it shall be dispatched again to the executive with this formula : " Ratified constitutionally " ; and the executive shall publish it without delay. Art. 98. If Congress votes a bill at the end of its sessions which the executive considers advisable not to sanction, the latter is obliged immediately to inform Congress, so that it may remain assembled for ten days beginning from the day the executive received the bill ; and should this not be done, the law will be considered as sanc- tioned. Art. 99. The sanction of the executive is not necessary for the fol- lowing acts or resolutions : 1. For elections made or declared by Congress, qv for resigna- tions accepted or refused by it. 2. For declarations that there are grounds for indictment. 3. For the budget law. 4. For decrees relating to the conduct of the executive. 5. For the rules it may form for its internal management. 6. For resolutions to temporarily change its residence to some other place and to suspend or extend its sessions. 7. For treaties or contracts which Congress disapproves. Art. 100. Whenever a bill not introduced by the Supreme Court of Justice has for its object the reformation or abrogation of any of the provisions contained in the Codes of the Republic, it shall not be discussed without hearing first the opinion of that tribunal. The court shall publish its report within such period as Congress may designate. This provision does not extend to laws of political, eco- nomic or administrative character. Title X. — The Executive Power. Art. 101. The executive power is exercised by a citizen who is called President of the Republic; in default thereof, by a Vice- HONDURAS. 327 President, and in default of the latter, by one of the Designates in the order of their appointment. Art. 102. The President, the Vice-President and the Designate must be citizens in the exercise of their rights, over 21 years of age and natives of Honduras. Art. 103. The President and Vice-President shall be elected by popular and direct vote, and their election shall be declared by Con- gress, as is prescribed. Art. 104. The presidential term shall be for four years and shall commence on 1 February. A citizen who has proprietorially exercised the Presidency shall not be reelected nor be elected Vice-President for the following term. Neither shall his relatives within the fourth degree of con- sanguinity or the second degree of affinity be elected President or Vice-President. Art. 105. No citizen who has occupied the constitutional Presi- dency during the last six months of the presidential term, nor his relatives within the degrees stated in the foregoing article, shall be elected President. Art. 106. In case of absolute default of the President of the Ke- public, the executive power shall be* in charge of the Vice-President ; and in default of the latter, the corresponding Designates in the order of their election. The Designate shall finish out the presi- dential term, should such vacancy occur within the last year; but should it occur before the first three years have elapsed, a new presidential election must be proceeded with one month after the vacancy has occurred. In case of temporary disability, the functions of the President shall be exercised by the Vice-President and the Des- ignates in the order of their election. Art. 107. Until the person designated by law has taken charge of the Presidency, the executive power shall be exercised by the Council of Ministers, and the latter shall immediately call the new official to give him charge of office, if Congress has not assembled. Title XL — The Duties and Attributions or the Executive Power. Art. 108. The President of the Eepublio has the general adminis- tration of the country. His attributions are : 1. To exercise command as chief of the land and naval forces. 2. To defend the independence and the honor of the nation, and the integrity of its territory. 3. To carry out and provide for the fulfillment of the laws, is- suing for this purpose the necessary decrees and orders without alter- ing their spirit. 328 CONSTITUTIONS OF THE STATES AT WAE. 4. To appoint the secretaries and under-secretaries of State and the other officials of the executive department, in accordance with the law. 5. To preserve the internal peace and security of the Kepublic, and to repel all external attack or aggression. 6. To give to the officials of the judicial power the force and assistance which they may require to make their decisions effective. 7. To remove officials of his own free appointment. 8. To see that all officials of the Eepublic fulfill the duties which are imposed upon them by law, without interfering in the exercise of their functions. 9. To grant amnesties, whenever public convenience demands it, during the recess of Congress. 10. To commute sentences in accordance with the law during the recess of Congress. 11. To convoke Congress to extraordinary sessions or to pro- pose the prorogation of the ordinary ones. 12. To declare war and make peace and to permit or forbid the passage of troops of another country through the territory of the Republic, when circumstances do not permit the assembling of Con- gress to decide the matter. 13. To submit through the respective secretaries of State, within the first eight days after the assembling of Congress, a detailed re- port or memorial of all the branches of the administration. 14. To conclude treaties and any other diplomatic negotiations, submitting them to the ratification of Congress at the next session. 15. To direct foreign relations, to appoint diplomatic and con- sular agents of the Republic, and to receive ministers and admit consuls of foreign nations. 16. To cause the revenue of the State to be collected and to regu- late the disposal thereof in accordance with the law. IT. In case of invasion or rebellion, if the resources of the State should be insufficient, to decree a general and proportional loan, voluntary or forced, of the disposal of which he shall give an ac- count to Congress at the next session. 18. To confer military grades from sub-lieutenant to colonel and those of general of brigade and division on the field of battle to military officers who distinguish themselves by their cqnduct; submiting the appointments of generals to the approval of Congress at its next session. 19. To dispose of the military forces and to organize and dis- tribute them in accordance with the law as the necessities of the Re- public may require. 20. To grant letters of marque and reprisal. HONDURAS. 329 21. To declare the Republic or a part thereof in a state of siege in accordance with the law during the recess of Congress, with the obligation of rendering an account to Congress, at its first meeting, of the use that he may have made of this power. 22. To grant naturalization papers in accordance with the law. 23. To grant or deny permission to Hondurans, during the recess of Congress, to accept employment from another nation. 24. To direct and promote public instruction and to provide for the education of the people. 25. To sanction the laws and exercise the right of veto when necessary, and to promulgate without delay those legislative enact- ments which do not require the sanction of the executive. 26. To order, during the recess of Congress, the filling of vacan- cies among the deputies and the magistrates of the Supreme Court in accordance with the law, at the latest one month after the vacancies have occurred. 27. To appoint ad interiin^ during the recess of Congress, the members of the Court of Accounts and the Fiscal General of the Treasury. 28. To publish monthly the report of receipts and expenditures of the public revenues. 29. To keep watch on the legal exactness of the currency, and to look after the uniformity of weights and measures. 30. To exercise the supreme command of the police force. Art. 109. The orders of the executive power which do not emanate from the corresponding ministry shall not be obeyed. The Presi- dent and the ministers shall be jointly responsible for the orders they may issue in contravention of the Constitution and the laws. Art. 110. Whenever the President of the Republic may consider it advisable to place himself at the head of the army, he shall en- trust the executive power to the citizen who must replace him under the Constitution; and he shall become invested only with the char- acter of General-in-Chief and with the attributions of Commanding General. Title XII, — The Secretaries of State. Art. 111. There shall be from three to six secretaries of State, and the executive shall apportion between them the transaction of business. Art. 112. The secretaries of State must be native or naturalized Hondurans and over 21 years of age. Art. 113. The following shall not be secretaries of State: Con- tractors of public works or services who are to be paid by the nation ; those who by reason of said contracts may hold claims for their own o30 CONSTITUTIOISrS OF THE STATES AT WAE. interests ; debtors of the public treasury, and those who have accounts pending in favor of the latter, for administration of fundc. Art. 114. The secretaries of State may assist at the deliberations of Congress without the right to vote, and they must attend whenever they are called, and answer the interpellations which any deputy may make to them in regard to administrative matters, excepting those of the Departments of War and of Foreign Relations, when they consider it necessary to maintain reserve, until Congress orders them to answer. Art. 115. The under-secretaries of State must have the same qual- ifications as the secretaries, and they shall substitute the latter by ministration of the law. Title XIII. — The Judicial Powder. Art. 116. The judicial power of the Republic shall be exercised by a Supreme Court of Justice composed of five magistrates, ^ho shall reside at the capital, and by the inferior courts and judges w^hich the law establishes. Art. 117. To be a magisti:ate it is required to be a lawyer and over 25 years of age. Art. 118. Magistrates of the Supreme Court shall be elected by the jDeople, and may be reelected. Art. 119. Three; substitute magistrates shall likewise be elected, who shall substitute for the sitting magistrates, and must have the same qualifications as the latter. In case the vacancy is absolute, the executive power shall issue a call for elections to fill the place of the sitting magistrate, and the election shall be declared by the Supreme Court. Art. 120. The Supreme Court of Justice shall appoint the magis- trates of the Courts of Appeals, the departmental and sectional in- ferior judges and the officials of the public ministry in accordance with the law. The justices of the peace shall be elected by popular vote in the respective municipal districts. Art. 121. Persons who are related within the fourth degree of consanguinity or the second degree of aifinity shall not be magis- trates or judges in the same tribunal. If two or more persons related within said degrees are elected, the one obtaining the highest number of votes shall be given pref- erence, and in case of equal number of votes, the one who is the senior lawyer shall be preferred. The election of the others shall be replaced. Art. 122. The term of office of magistrates, departmental or sec- tional judges and officials of the public ministry shall be four years and they shall take possession of their posts on 1 February. HONDURAS. 331 Art. 123. The Supreme Court shall accept or refuse the resigna- tions of the officials of its appointment, and shall grant leave of ab- sence both to the latter and to its own members. Departmental and sectional judges shall accept or refuse the resignations and grant leave of absence to the justices of the peace. Art. 124. The law shall regulate the organization and attributions of the tribunals of justice. Art. 125. The power to judge and to carry judgments into effect is vested in the courts and other tribunals of justice. It is their business to apply the laws in concrete cases legally brought before them, and to refuse to carry them out when they are contrary to the Constitution. Art. 126. A jury is established in those places where there are departmental or sectional judges who shall sit in all criminal cases which must be heard before a court of record. The law shall regu- late this institution. Art. 127. The Supreme Court of Justice, in addition to the at- tributions conferred upon it by law, shall exercise the following attributions : 1. To formulate its internal regulations. 2. To take cognizance of official and common offenses, committed by high public officials, when Congress has declared that there are grounds for their indictment. 3. To authorize the lawyers and notaries, licensed within or outside of the Republic, to exercise their profession, with the excep- tions established in the treaties, and to suspend them in accordance with the law. 4. To declare that there are grounds for impeachment of the members of the Court of Accounts, of the Fiscal General of the Treasury and of the principal national and departmental officials which the law may determine, for offenses committed by them in the discharge of their duties. 5. To take cognizance of prize cases, extradition cases and other cases which should be judged in accordance with international law. Art. 128. Direct proceedings may also be established before the Supreme Court of Justice, against the constitutionality of a law in regard to matters not within the jurisdiction of the courts, by any person whose legal rights may be injured by reason of the applica- tion of that law in a concrete case. The law shall regulat^e the use of this. recourse. Art. 129. The administration of justice in the Eepublic is gratu- itous. Art. 130. The members of the courts of justice shall not, during their term of office, hold any other office carrying jurisdictional powers. 332 CONSTITUTIONS or the states at wak. Art. 131. Courts of justice may demand the assistance of the armed forces for the enforcement of their decrees, and should this be denied them, or in case it is not available, they lasij require such assistance from the citizens. The public official who should unduly refuse to give assistance shall incur liability. Art. 132. No person having the free administration of his prop- erty may be deprived of the right to put an end to his civil cases through a compromise or arbitration. Art. 133. The same judge shall not act in his official capacity in different stages of the same case. Art. 134. No power or authority shall order pending suits to be moved to its jurisdiction nor reopen cases which have terminated. Title XIV. — The Budget. Art. 135. The budget shall be voted by Congress according to the bill presented by the executive power. Art. 136. The bill for the budget shall be presented by the re- spective minister, within a fortnight after Congress is convened. Art. 137. All expenditures made outside of the law are illegal, and, in case of failure to comply with their respective duties, the President, the respective minister, the members of the Court of Accounts, and the employees who intervened in the matter shall be jointly responsible for the amount expended. Art. 138. The budget of the ordinary expenditures of the public administration shall not exceed the probable receipts estimated b}?' the national Congress. Title XV. — The Public Treasury. Art. 139. The following form the public treasury of the nation. 1. All its real and movable property. 2. Any sums to its credit. 3. The product of the duties, taxes and imposts. Art. 140. The executive power shall not enter into contracts of importance which may compromise the national treasury without the previous publication of the proposal in the official journal and the reception of public bids. Contracts which are made for the pur- pose of providing for the needs of war, and those which, from their nature, can only be entered with certain persons, are excepted. Art. 141. In order to fiscalize the administration of the national treasury, there will be a Higher Auditorship or Superior Court of Accounts whose attributions shall be to examine, approve or disap- prove the accounts of those who administer public funds, and to re- turn to the executive the orders which are not in accordance with the law for the purposes which may be determined by the law. HONDURAS. 333 Art. 142. The members of this Court must be over 21 years of age, aud must not be creditors or debtors of the public treasury, nor have accounts pending therewith. Their number, organization and attributions shall be determined by law. Art. 143. There will be a Fiscal General who shall represent the interests of tlie public treasury. His attributions shall be determined by law. Title XVI— The Army. Art. 144. The public force is established to insure the rights of the nation, tlie compliance with the law and the preservation of public order. Art. 145. No armed body shall deliberate. Military obedience shall be regulated by law and military ordinances. Art. 146. Military service is compulsory. Every Honduran from 21 to 30 3^ears of age is a soldier in the active army, and from 30 to 40 years of age, in the reserve. The law shall provide for the organi- zation of the militia, and shall establish the causes for exemption from service. Commissioned military officers, after reaching the age of 40 years, have the right to resign their commissions and become separated from the service. Art. 147. Military offenses shall be subject to military jurisdic- tion. Title XVII. — The Departmental Government.. Art. 148. For the public administration the territory of the nation is divided into departments, the number and limits of which shall be determined by law. In each one of the said departments there shall be the officials which the law may determine. Art. 149. In the departmental government no one shall be per- mitted to exercise at the same time, unless ad interim and for a period not to exceed three months, political, military and treasury functions. Title XVIII. — The Municipal Government. Art. 150. The municipal government is autonomous, and shall be vested in municipal corporations directly elected by the people. The law shall regulate the organization and attributions of munici- pal corporations. The number of their members shall be propor- tional to their population. The attributions of municipal corpora- tions shall be purely economical and administrative. Art, 151. Municipal corporations shall levy, according to law, the local taxes, and shall manage the property and funds of the com- munity for the benefit of the same, rendering an account of their 334 CONSTITUTIONS OF THE STATES AT WAR. administration to the Court established by law. They shall submit anually a detailed report of receipts and expenditures. Art. 152. Municipal corporations shall freely appoint their own em- ployees, and those police agents whose salaries are to be paid out of the municipal funds. Akt. 153. In the exercise of their oAvn functions municipal corpo- rations shall be wholly independent of the other powers, but in no case shall they violate the general laws of the country. They shall be responsible before the courts of justice for any acts which they may commit collectively or individually. Art. 154. Municipal corporations have the power to commute, according to law, sentences imposed for misdemeanors. Municipal corporations have also the right to take action on mat- ters of police, sanitation and public instruction, provided said action is not in opposition to the Constitution and general laws. Art. 155. No member of the municipal corporations shall be com- pelled to accept another position or be called to the military service. Title XIX. — The Responsibility oe Public Employees. Art. 156. Every employee or public functionary, when entering on the discharge of his duties, shall make the following promise : I promise to be faithful to the Republic, and to comply and make others com- ply with the Constitution and the laws. Art. 157. Every public functionary is responsible for his own acts. Art. 158. The President of the Republic, deputies, justices of the Supreme Court, secretaries of State and diplomatic ministers shall be answerable before Congress for the offenses committed by them in the exercise of their functions. Congress, after following the course of procedure for such cases, determined by its rules, shall declare whether or not there are grounds for their indictment, in order to place the offender at the disposal of the competent court. The same declaration shall be required before instituting proceedings for com- mon offenses, against the President of the Republic, the secretaries of State and justices of the Supreme Court. Art. 159. Notwithstanding the approval which Congress may give to the conduct of the executive, the President and secretaries of State may be accused for official offenses. If these public officials have re- mained in the country, the right to bring such proceedings against them shall become prescribed five years after they have ceased in their office. Art. 160. Public employees who violate any of the rights and guar- antees set forth in this Constitution shall be civilly and criminally responsible. They may be accused without need of filing a bond for libel. They shall not be pardoned nor their sentences commuted HONDURAS. 335 within tb(? constitutional period, nor during the following one. The offenses and the penalties which they may be liable for shall not pre- scribe until after the said two periods. Art. 161. Whenever a public functionary, against whom a declara- tion should have been made to the effect that there are grounds for his indictment, should be acquitted, he shall be reinstated in the ex- ercise of his functions. Title XX. — Constitutional Laws. Art. 162. The following are constitutional laws: Press laws, laws regarding a state of siege, laws granting the right of asylum {aTn- 2Kiro) and electoral laws. Title XXI. — Reforms of the Constitution and Constitutional Laws. Art. 163. The reforms of this Constitution shall only be effected by two thirds of the votes of the representatives in Congress in ordinary session setting forth the i-rticle or articles which need re- form, and stating whether or not the reform is to be absolute. As soon as the reform is decreed, Congress shall convoke a Con- stituent Assembly in order that the latter may proceed to reform it ; the decree containing the proposed reforms to be contained in the de- cree of convocation. Art. 164. The Constituent Assembly shall be elected in the same manner as Congress, and shall have the same number of representa- tives, with the same immunities. Art. 165. In no case shall a reform of the articles of the Constitu- tion forbidding the reelection of the President or of his substitute, and establishing the duration of the presidential term be decreed so as to be effective during the current term, or during the following term. Art. 166. The constitutional laws may be reformed in the same manner as the Constitution, or by two ordinary Congresses with two thirds of the votes. Art. 167. The National Constituent Assembly entrusts this Con- stitution, and the rights consecrated therein, to the patriotism of all Hondurans. Final Article. The present Constitution shall commence to take effect on 1 January 1895; the Constitution of 1 November 1880 being annulled from that date.^ 1 The signatures of 41 deputies follow. ITALY. The victorious campaigns of Napoleon in 1796 and 1797 constituted the starting-point of a series of political revolutions in Italy which ended in the successive annexation of all the parts of Italy to the Kingdom of Sardinia and the formation of the Kingdom of Italy in 1861. From 1797 to 1849 there were 23 constitutions or statutes in force in Italy. Of all of these the Statuto fondamentale of the King- dom of Sardinia of 4 March 1848 was the only one to survive and it still forms the Constitution of the Kingdom of Italy. This Statute, promised by King Charles Albert in a famous proclamation of 18 February 1848, was published the following month and was put into force in the annexed territories by successive decrees.^ Many of the provisions of this Statute have fallen into disuse, although not ex- pressly repealed. In this number are generally classed Articles 1, 28 (Paragraph 2), 53, 62 (Paragraph 2), 76, 77 and 80. A Law of 17 March 1861 conferred on Victor Emmanuel II and his successors the title of King of Italy, and a Law of 3 February 1871 transferred the capital of the Kingdom to Rome. The position of the Holy See is governed by the Law of 13 May 1871, called the " Law of Guar- antees," which was declared to be a fundamental law of the Kingdom hj the Council of State (2 March 1878). Nevertheless, since the Holy See has not ceased to protest against the annexation of the Papal States, this law has remained the unilateral work of the Italian government.^ FUNDAMENTAL STATUTE OF 4 MARCH 1848.=^ [Preamble.] We, Charles Albert, by the Grace of God, King of Sardinia, Cyprus and Jerusalem, Duke of Savoy, Genoa, etc., etc., Prince of Piedmont, 1 Lomhardy, decree of 7 December 1859 ; Emilia, decree of 18 March 1860 and law of 1.5 April 1860 ; Tuscany, decree of 22 March and law of 15 April 1860 ; Sicily, Marches. Umhria and Neapolitan Provinces, law of 17 December 1860 ; I'rovince of Venice, de- cree of 28 July 1866 ; Roman Provinces, decree of 9 October and law of 31 December 1870. - This introductoi"y paragraph is based upon F. R. Daeeste bt P. Dareste, Les Consti- tutions modenies (3d edition. Paris, 1910), vol. i, pp. 672-674. 3 English translation in W. F. Dodd, Modern Constitutions (Chicago, 1909), vol. ii, pp. 5-16, and by S. M. Lindsay and L. S. Rowe in the Supplement to the Annals of the American Academy of Political and Social Science, Novemberj 1891/ (Philadelphia, 1894). French translation in Daueste, op. cit., pp. 674—685. German translation in Paul Posener, Die Staatsverfassungen des Erdballs (Charlottenburg. 1909), pp. 642-656. The translation given here is based on that In Dodd. 337 338 coisrsTiTUTioNS of the states at Vv^AR. etc., etc., etc., with the fidelity of a king and the affection of a father, are about today to fulfill all that we promised our most beloved sub- jects in our proclamation of the eighth of last Februarj^, whereby we desired to show, in the midst of the extraordinary events then transpiring throughout the country, how much our confidence in our subjects increased with the gravity of the situation, and how, con- sulting only the impulse of our heart, we had fully determined to make their condition conform to the spirit of the times and to the interests and dignity of the nation. We, believing that the broad and permanent representative institu- tions established bj^ this Fundamental Statute are the surest means of cementing the bonds of indissoluble affection that bind to our Italian crown a people that has so often given us ample proof of their faith- fulness, obedience and love, have determined to sanction and promul- gate this Statute, in the belief that God will bless our good intentions,, and that this free, strong and happy nation will ever show itself more deserving of its ancient fame and thus merit a glorious future. Therefore, we. with our full knowledge and royal authority and with the advice of our Council, have ordained and do hereby ordain and declare in force the fundamental perpetual and irrevocable Statute and law of the monarchy as follows. Article 1. The Catholic, apostolic and Eoman religion is the only religion of the State.^ Other cults now^ existing are tolerated, in con- formity with the law. Art. 2. The State is governed hj a representative monarchical gov- ernment. The throne is hereditai-}^ according to the Salic Law.- Art. 3. The legislative power shall be exercised collectively by the King and two houses, the Senate and the Chamber of Deputies.-' Art. 4. The person of the King is sacred and inviolable. Art. 5. To the King alone belongs the executive power. He is the supreme head of the State; commands all land and naval forces; declares war; makes treaties of peace, alliance, commerce and other treaties, communicating them to the houses as soon as the interest and security of the State permit, accompanying such notice with op- portune explanations. Treaties involving financial obligations or alterations of the territory of the State shall not take effect until after they have received the approval of the houses. Art. 6. The King appoints to all of the offices of the State, and makes the necessarj^ decrees and regulations for the execution of the laws, without suspending their execution or granting exemptions. 1 See below, the Law of 13 May 1871. The Law of 19 June 1848 reads as follows ; " Difference of religion shall entail no distinction as regards the enjoyment of civil and political rights and eligibility to civil and military positions." 3 Law of 2 July 1890 on the status of the royal family. 8 In case of political necessity, the Italian government frequently takes legislative measures by means of law decrees, aad this procedure is considered justified by the commentators on this Statute. ITAI.Y. 339 Art. 7. The King alone approves and promulgates the laws. Art. 8. The King may grant pardons and commute sentences.^ Art. 9. The King convokes the two houses every year. He may prorogue their sessions and dissolve the Chamber of Deputies, but in the latter case he shall convoke another within a period of. Jour months. Art. 10. The initiative in legislation shall belong both to the King and to each of tlie two houses. All bills, however, levying imposts or contributions or approving the* budg-ets or accounts of the State shall first be presented to the Chamber of Deputies. Art. 11, The King attains his majority upon the completion of his 18th year. Art. 12. During the King's minority, the prince who is his nearest relative in the order of succession to the throne, shall be regent of the Kingdom, provided he be 21 years of age. Art. 13. Should the prince upon whom the regency devolves be still in his minority and this duty pass to a more distant relative, the regent who actually takes office shall continue in the regency until the King becomes of age. Art. 14. In the absence of male relatives the regency shall devolve upon the Queen Mother. Art, 15. In default also of a Queen Mother, the regent shall be elected by the legislative houses, convened within 10 days by the ministers. Art. 16, The preceding provisions with reference to the regency are applicable in case the King who has attained his majority is physically incapable of reigning. Under such circumstances, if the heir presumptive to the throne be 18 years of age, he shall be regent of full right. Art. 17. The Queen Mother shall be guardian of the King until he has completed his 7th year ; from this time his guardianship shall pass into the hands of the regent. Art. 18. All rights pertaining to the civil power in matters of ecclesiastical benefices and in the execution of all regulations what- soever coming from foreign countries shall be exercised by the King.^ Art. 19. The civil list of the Crown shall remain, during the present reign, at an amount equal to the average for the past 10 years. The King shall continue to have the use of the royal palaces, villas and gardens and their appurtenances, and also of all chattels without distinction pertaining to the Crown, of which a speedy in- ventory shall be made by a responsible ministry, ^ The King also exercises the right of amnesty (Code of Penal Procedure, Art. 830). ^ The clause, " regulations from foreign countries," refers to papal decrees, ecclesiasti- cal ordinances and orders ; at the time of the adoption of this Statute Rome was foreign territory. 340 CONSTITUTIONS OF THE STATES AT WAR. In future the above-mentioned civil list shall be fixed for the duration of each reign by the first legislature subsequent to the King's accession to the throne.^ Art. 20. The property which the King now possesses in his own right, together with that to which he may hereafter acquire title, either for a consideration or gratuitously in the course of his reign, -shall form his private patrimony. The King may dispose of his private patrimony either by acts during his life or by will, without being bound by the provisions of the civil law which limit the amount disposable. In all other cases, the King's patrimony shall be subject to the laws that govern other property. Art. 21. The law shall provide an annual civil list for the heredi- tary prince when he has attained his majority, and even earlier in case of his marriage ; for the allowances to the princes of the royal family and of royal blood, under the above-mentioned conditions; for the dowries of the princesses and for the dowries of the queens. Art. 22. Upon ascending the throne, the King, in the presence of the houses, in joint session, shall take the oath to observe faithfully the present Statute. Art. 23. The regent, before entering on the duties of that office, shall take the oath to be faithful to the King and to observe faith- iuUy this Statute and the laws of the State. The Rights and Duties of Citizens. Art. 24. All inhabitants of the Kingdom,^ whatever their rank or title, are equal before the law. All shall equally enjoy civil and political rights and shall be eligible to civil and military office, except as otherwise provided by law. Art. 25. All shall contribute without distinction to the burdens of the State, in proportion to their possessions. Art. 26. Individual liberty is guaranteed. No one shall be arrested or brought to trial except in the cases provided by law and in the forms which it prescribes. Art. 27. The domicile is inviolable. No domiciliary search shall take place except by virtue of law and in the forms which it prescribes. Art. 28. The press shall be free, but the law may suppress abuses of this freedom.^ 1 At present the civil list has been fixed at 16,050,000 lire. 2 La,w of 17 May 1906 on naturalization. ^ Edict of 26 March 1848, amended bj' many later laws. ITALY. 341 Nevertheless. Bibles, catechisms, liturgical and prayer books shall not be printed without the previous consent of the bishop.^ Art. 29. All property, without exception, is inviolable. Nevertheless, when the public interest, legally ascertained, re- quires it, a person may be bound to give it up, in whole or in part, upon payment of a just indemnity in accordance with the law.^ Art. 30. No tax shall be levied or collected without the consent of the houses and the approval of the King. Art. 31. The public debt is guaranteed. All obligations of the State to its creditors are inviolable. Art. 32. The right to assemble peaceably and without arms is recognized, subject, however, to the laws that may regulate its ex- ercise in the interest of the public welfare.^ This provision is not applicable to meetings in public places or places open to the public, which remain entirely subject to police laws. The Senate. Art. 33. The Senate shall be composed of members, appointed "\ for life by the King without limit of numbers, who have attained the age of 40 years and who have been chosen from the following categories of citizens: 1. Archbishops and bishops of the State. 2. The president of the Chamber of Deputies. 3. Deputies after having served in three legislatures, or after six years of service. 4. Ministers of State. 5. Ministers secretaries of State. 6. Ambassadors. 7. Envoys extraordinary, after three years of such service. 8. The first presidents and presidents of the Courts of Cassa- tion and of the Court of Accounts. 9. The first presidents of the Courts of Appeal. 10. The attorney general of the Courts of Cassation, and the prosecutor general, after five years of service. 11. The presidents of the chambers of the Courts of Appeals,, after three years of service. 12. The councilors of the Courts of Cassation and of the Court of Accounts, after five years of service. 13. The attorneys general and fiscals general of the Courts of Appeal, after five years of service. ^ The second paragraph of this article has been practically abrogated. 2 Law of 25 June 1865. 5 Law of 23 December 1888 on public security, coordinated with the new Penal Code by the Decree of 30 June 1889. 342 coNSTiTUTioisrs or the states at wak. 14. General officers of the land and naval forces. Major generals and rear admirals, however, should have five years of active service in that grade. 15. The councilors of State, after five years of service. 16. The members of the Councils of Division,^ after three elec- tions to their presidency. 17. The intendants general,^ after seven years of service. 18. Members of the Royal Academy of Sciences,^ after seven years of membership. 19. Regular members of the Superior Council of Public Instruc- tion, after seven years of service. 20. Those who by their services or eminent merit have done honor to their country. 21. Persons who, for at least three years, have paid direct prop- erty or business taxes to the amount of 3,000 lire.* Art. 34. The princes of the royal family are, by that very fact, members of the Senate. They shall take rank immediately after the president. They shall enter the Senate at the age of 21 and have a vote at 25. Art. 35. The president and vice-presidents of the Senate shall be appointed by the King.^ The Senate shall chose its own secretaries from among its own members. Art. 36. The Senate may be constituted a High Court of Justice by decree of the King to try crimes of high treason and attempts upon the safety of the State, and to try ministers impeached by the Chamber of Deputies.*' In this case, the Senate is not a political body. It shall not then occupy itself with any other judicial matters than those for which it was convened, under penalty of nullity. Art. 37. No senator shall be arrested except by virtue of an order of the Senate, except in case of flagrante delicto. It alone is com- petent to judge of the imputed misdemeanors of its members. Art. 38. Legal documents as to births, marriages and deaths of members of the royal family shall be presented to the Senate and deposited by that body among its archives. 1 At the time of the adoption of this Statute the " Division " in Piedmont corre- sponded to the " Province " in modern Italy. The Councils of Division are therefore the elective representative bodies of the Provinces, now known as the Provincial Councils. 2 Now called " prefects." 8 This provision has been extended to six other academies. * In 1916 there were 395 senators and 6 members of the royal family. ^ Law of 6 June 1889 fixes the term of office. " Regulation of 20 December 1900 on the procedure before the Senate constituted as a High Court of Justice. ITALY. 343 The Chamber of Deputies. Art. 39. The elective house shall be composed of deputies chosen by the electoral colleges in conformity with the law.^ Art. 40. No deputy shall be admitted to the Chamber who is not a subject of the King, 30 years of age, in tlie enjoyment of civil and political rights and in the possession of the other qualifications re- quired by law.^ Art. 41. Deputies represent the nation as a whole, and not the several provinces in which they were elected. No binding instructions shall be given to them by the electors. Art. 42. Deputies are elected for five years; their mandate ceases ipso facto at the expiration of this period. . Art. 43. The president, vice-presidents and secretaries of the Chamber of Deputies are chosen by the Chamber from among its own members at the beginning of each ^session, for the entire session. Art. 44. If a deputy ceases for any reason to perform his duties, the college which elected him shall be called upon at once to proceed with a new election. Art. 45. During the sessions no deputy shall be arrested, except in case of flagrante delicto^ nor be proceeded against in criminal mat- ters without the previous consent of the Chamber. Aut. 40. No warrant of arrest for debts" shall be executed against a deputy during the sessions of the Chamber, nor within a period of three weeks preceding or following the same. Art. 47. The Chamber of Deputies has the right to impeach min- isters of the King and to bring them to trial before the High Court of Justice. Provisions Common to Both Houses. Art. 48. The sessions of the Senate and of the Chamber of Depu- ties begin and end at the same time. Every meeting of one house at a time when the other is not in session is illegal and its acts are entirely void. Art. 49. Senators and deputies before being admitted to the ex- ercise of their functions take the oath to be faithful to the King, 1 The election of deputies is now controlled by the Decree of 28 March 1895, which is a consolidation of all laws in force passed before that date. Italy is divided into 508 districts, each of which elects 1 deputy. Voters must possess the followinjf qualiflca- tions : (1) Be Italian citizens; (2) have attained the age of 21 years; (rt) be able to read and write ; (4) have successfully passed the examinations in the subjects comprised in the course of compulsory elementary education. The foui'th qualification is not re- quired of officials, .arraduates of colleges, professional men, of those who pay an annual direct tax of not less than 19.80 lire, of those who pay an agricultural rental of 500 lire, of those who pay house rent of from 150 to 400 lire according to the population of the commune in which they live, of those who have served 2 years in the army, and of cer- tain other less important clas-ses. The Electoral I^aw received slight modifications by the Laws of 5 December 1897, 7 April 1898 and 19 May 1901. - Parliamentary incompatibilities are governed by the Laiw of 5 July 1887. ' The Mancini Law of 6 December 1877 has done away with personal arrest for debts. 344 coNSTiTUTioisrs of the states at war. to observe faithfully the Statute and the laws of the State and to perform their functions with the inseparable welfare of King and country as the sole end in view.^ Art. 50. The office of senator or deputy shall not carry with it any compensation or indemnity.^ Art. 51. Senators and deputies shall not be called to account for opinions expressed or votes given in the houses. Art. 52. The sessions of the houses are public. Nevertheless, upon the written request of 10 members secret ses- sions may be held. Art. 53. Sessions and deliberations of the houses are not legal or valid if an absolute majority of their members is not present. Art. 54. Action on any question shall be taken only by a majority of the votes cast. Art. 55. All bills shall first be submitted for preliminary examina- tion to committees elected by each house. Any proposition discussed and approved by one house shall be transmitted to the other for its consideration and approval; and then it shall be presented to the King for his approval. Bills shall be discussed article by article. Art. 56. Any bill rejected by one of the three legislative powers shall not again be introduced during the same session. Art. 57. Every person who has attained his majority has the right to send petitions to the houses, which shall order them to be examined by a committee and, on report of the committee, shall decide whether such petitions are to be taken into consideration; in case of an affirmative decision they shall be referred to the competent minister or deposited in the offices ^ for action at the proper time. Art. 58. No petition may be presented in person to either house. Legally organized bodies alone shall have the right to petition under a collective name. Art. 59. The houses shall not receive any deputation, nor give hearing to others than their own members, ministers, and commis- sioners of the government. Art. 60. Each house shall be the sole judge of the qualifications and elections of its own members. Art. 61. The Senate and the Chamber of Deputies shall make their own rules and regulations respecting their methods of pro- cedure in the performance of their respective duties.* 1 Law of 30 December 1882 on the political oath. 2 Senators and deputies receive free passage on the railroads (Decree of 26 December 1861). 3 The Chamber of Deputies is divided into 9 sections (ufflzi), among which legislative business is divided by the president of the Chamber. *The Internal Regulations of the Senate bear the date of 17 April 1883 (amended in 1900 and 1902) ; those of the Chamber of Deputies are of 1 July 1900 (amended in 1901 and 1904). ITALY. 345 Art. 62. The Italian language is the official language of the houses. The use of French shall, however, be permitted to the members coming from districts where French is used, and in replying to tlieni.^ Art. 63. Votes shall be taken by rising and sitting, by division, or by secret ballot. Tlie latter method, however, shall always be employed for the final vote on a law and in all cases of a personal character. Art, 64. No one shall at the same time be senator and deputy. The Ministers. Art. 65. The King appoints and dismisses his ministers,^ Art. 66. The ministers have no vote in either house unless they are members thereof. They shall have entrance to both houses and shall be heard upon request.^ Art. 67. The ministers are responsible. Laws and governmental acts shall not take effect until they shall have received the signature of a minister. The Judiciary. Art. 68. Justice emanates from the King and shall be administered in his name b}'^ the judges whom he appoints. Art. 69. Judges appointed by the King, except cantonal judges, shall be irremovable after three years of service.^ Art. To. Courts, tribunals and judges shall be retained as at pres- ent existing. No modification shall be introduced except by law.* Art. 71. No one shall be withdrawn from his ordinary legal juris- diction. It shall, therefore, not be lawful to create extraordinary tribunals or commissions.^ * This clause applied principally to Savoy and Nice, which became a part of France by the terms of the Treaty of- 24 March 1860. - Decree of 25 August 1876 on the attributions of the Council of Ministers. Law of 12 February 1888 reorganizing the central aclnuni';tration of the State and providing under-secretaries of State for each ministry. Law of 3 May 1888 on the reelection of ministers and undersecretaries of State. Law of 8 April 1906 determining the composi- tion of the staffs of the president of the Council, of the ministers and of the under- secretaries of State. 3 Two decrees, dated 10 October 1907, instituted a Superior Council on the Magistracy and fixed the method of promotion of judicial personnel. Law of 14 July 1907 on the guarantees and discipline of the magistracy. •* The Law on the Organization of the Judiciary dates from 6 December 1865 (amended by the Laws of 18 July 1904 and 14 July 1907). Organic Law of 8 June 1874 on the jury and the Court of Assizes. Organic Law of 14 August 1862 on the Court of Accounts. 5 The Code of Penal Procedure, however, in Article 766 provides that, in case of rea- sonable suspicion, or on the grounds of public safety, a person may be removed for trial from the regularly constituted jurisdiction. 88381—19 23 346 CONSTITUTIONS or THE STATES AT WAR. Art. 72. The proceedings of courts in civil cases and the hearings in criminal cases shall be public, as provided by law. Art. 73, The interpretation of the laws, in the form obligatory upon all citizens, belongs exclusively to the legislative power. General Provisions. Art. 74. Communal and provincial institutions and the boundaries of the communes and provinces shall be regulated by law.^ Art. 75. Military conscriptions shall be regulated by law.^ Art. 76. A communal militia shall be established upon a basis fixed by law.^ Art. 77. The State retains its flag, and the blue cockade is the only national one.* Art. 78. The knightly orders now in existence shall be maintained with their endowments, which shall not be used for other purposes than those specified in the acts by which they were established. The King may create other orders and prescribe their constitutions. Art. 79. Titles of nobility shall be borne by those who have a right to them. The King may confer new titles. Art. 80. No one may receive decorations, titles or pensions from a foreign pow.er without the authorization of the King. Art. 81. All laws contrary to the present Statute are abrogated. Transitory Provisions. Art. 82. This Statute shall go into effect on the day of the first meeting of the two houses, which shall take place immediately after the elections. Until that time urgent public service shall be provided for by royal ordinances according to the mode and form now in vogue, excepting, however, the authentications and registrations in the courts which are from now on abolished. Art. 83. In the execution of this Statute the King reserves to him- self the right to make the laws for the press, elections, communal militia and the reorganization of the Council of State. Until the publication of the laws for the press, the regulations now in force on this subject shall remain valid. Art. 84. The ministers are entrusted with and are responsible for the execution and full observance of these transitory provisions. ^ All of the laws relating to provincial and communal organizations were codified first by the Decree of 10 February 1889, secondly by the Decree of 4 May 1898 and thirdly by the Decree of 21 May 1908. The Kingdom is divided into provinces, circondari, mandamenti, and communes, and the system of provincial and communal government is to a large extent copied from Prance. 2 The laws on the organization of the army were codified by the Decree of 14 July 1898 (amended by the Laws of 7 July 1901 and 24 December 1908). 2 The national guard has been suppressed. * The Italian tricolor of green, white and red was adopted by the Proclamation of 23 March 1848 — an act regarded as legal, because the Statute was not in force according to the terms of Article 82. ITALY. 347 LAW OF GUARANTEES OF 13 MAY 1871.^ Law on the Prerogatives or the Supreme Pontiff and or the Holy See and on the Kelations of the State with the Church. TITLE I. — prerogatives OF THE SUPREME PONTIFF AND OF THE HOLY SEE. Article 1. The person of the Supreme Pontiff is sacred and in- violable. Art. 2. Any attempt against the person of the Supreme Pontiff and the provocation to commit such an attempt shall be punished with the same penalty as similar offenses against the person of the King. Public offenses and insults committed directly against the person of the Supreme l^ontiff, by speech, by act or by the means indicated in Article 1 of the Law on the Press shall be punished with the penalty fixed by Article 19 of the said law. The crimes above mentioned shall be proceeded against by the public prosecutor and tried by the Courts of Assizes. The discussion of religious matters shall be entirely free. Art. 3. The Italian Government grants to the Supreme Pontiff, within the Kingdom, sovereign honors, and guarantees to him the preeminence customarily accorded to him by Catholic sovereigns. The Supreme Pontiff may maintain the usual number of guards for his person and for the custody of the palaces, without prejudice to the obligations and duties of such guards, according to the laws in force in the Kingdom. Art. 4. The dotation of an annual income of 3,225,000 lire is re- ijerved for the Holy See. With this sum, equal to that of the Roman budget for " holy apos- tolic palaces, sacred college, ecclesiastical congregations, secretary of state and diplomatic corps abroad," it is intended to provide for the Supreme Pontiff and for the various ecclesiastical needs of the Holy See, for the ordinary and extraordinary maintenance and custody of the apostolic palaces and their annexes, for the compensation and pensions of the guards mentioned in the preceding article and of the attaches of the pontifical court, and for casual expenses; as well as for the regular maintenance and custody of the museums and library at- tached to the apostolic palaces, and for the compensation and pensions of their employees. This d'otation shall be entered in the great book of the public debt as a perpetual and inalienable income in the name of the Holy See, and during the vacancy of the See, it shall continue to be paid to supply all the needs of the Roman Church during such interval. 1^ English translation in Dodd, oj). cit., pp. 16—21, and in the British and Foreign State Papers, G5 : pp. 638-642. French translation in Dabeste. ov- cit., pp. 685-690. 348 CONSTITUTIOlSrS OF THE STATES AT WAK. It shall remain exempt from every form of State, provincial or communal taxation or other burden, and shall not be diminished even in case the Italian government should later decide to assume the expenses of the museums and of the library. Aet. 6. Besides the dotation mentioned in the preceding article the Supreme Pontiff shall have the use of the apostolic Vatican and Lateran palaces with all buildings, gardens and lands appertaining thereto, and also the villa of Castel Gandolfo with all its appurte- nances. These palaces, the villa and its annexes, as well as the museums, the library and the collections of art and of archaeology connected therewith, are inalienable and are exempt from all taxation or charges and from seizure for a public purpose. Art. 6. During the vacancy of the pontifical chair no judicial or political authority shall for any reason hinder or limit the personal liberty of cardinals. The government shall see to it that assemblies of conclave and of ecumenical councils are not disturbed by external violence. Art. T. No public official or agent of the public force in the per- formance of the duties of his office shall enter the places or palaces which are the permanent or temporary residence of the Supreme Pontiff, or in which a conclave or ecumenical council is in session, without the authorization of the Pope, conclave or council. Art. 8. Papers, documents, books or registers deposited in pontifi- cal offices or congregations, invested with a purely spiritual char- acter, shall be free from the legal processes of visit, search or sequestration. Art. 9. The Supreme Pontiff shall be entirely free to fulfill all the functions of his spiritual ministry, and to this end may affix to the doors of basilicas and churches of Eome notices relating to such ministry. Art. 10. Ecclesiastics at Rome who officially take part in the promulgation of acts pertaining to the spiritual ministrj^ of the Holy See shall not on this account be subjected to any examination^ investigation or control by the civil authorities. Every foreigner invested with ecclesiastical office at Rome shall enjoy all the personal guarantees competent to Italian citizens, in ac- cordance with the laws of the Kingdom. Art. 11. Envoys of foreign governments to the Holy See shall be entitled within the Kingdom to all the prerogatives and immunities accorded to other diplomatic agents, according to the usages of in- ternational law. All offenses against them shall be subject to the same penalties as are provided for offenses against envoys of foreign powers to the Italian government. ITALY. 349 Envoys of the Holy See to foreign governments shall, within the territory of the Kingdom, be entitled to privileges and immunities of the same character while going to or returning from their mission. Art. 12. The Supreme Pontiff corresponds freely with the episco- pacy and with the whole Catholic world, without any interference from the Italian government. To tliis end he shall have the right to establish his own postal and telegraph offices at the Vatican or at any of his other residences, served by employees chosen by himself. The pontifical post office may transmit sealed packages of cor- respondence directly to foreign offices, or may send them through the Italian offices. In either case, transmission of dispatches or cor- respondence bearing the papal stamp shall be exempt from all taxa- tion or charges within Italian territory. Couriers sent out in the name of the Supreme Pontiff are, within the Kingdom, placed on an equal footing with couriers of foreign governments. The pontifical telegraph office shall be connected with the tele- graphic system of the State at the expense of the State. Telegrams sent by the pontifical office with pontifical authentication shall be received and transmitted within the Kingdom in the same manner as telegrams of State and without charge. Telegrams of the Supreme Pontiff or sent by his order, which bear the papal stamp, shall enjoy the same privileges if presented to any telegraph office of the Kingdom. Telegrams addressed to the Supreme Pontiff shall be exempt from the tax imposed upon those who receive telegrams. Art. 13. Within the city of Bome and within the six suburbicarian sees, the seminaries, academies, colleges and other Catholic institutions founded for the education and training of ecclesiastics shall continue under the sole control of the Holy See, without any interference from the educational authorities of the Kingdom. TITLE II. RELATIONS OF THE STATE WITH THE CHURCH. Art. 14. Every special restriction upon the exercise of the right of members of the Catholic clergy to assemble is abolished. Art. 1.5. The government renounces the right to an apostolic lega- tion in Sicily, and to appointment or nomination in the presentation of the major benefices throughout the Kingdom. Bishops shall not be required to swear fidelity to the King. Major and minor benefices may be conferred only upon Italian citizens, except in the city of Eome and in the suburbicarian sees. Nothing is changed with respect to the presentation of benefices of royal patronage. 350 CONSTITUTIONS OF THE STATES AT WAK. Aet. 16. The exequatur and royal placet and all other forms of government authorization for the publication or execution of eccle- siastical acts are abolished. But, until otherwise provided by a special law mentioned in Article 18, such exequatur and royal placet shall be required for acts dis- posing of ecclesiastical property and for appointments to major and minor benefices, except those in the city of Rome and in the suburbi- carian sees.^ The provisions of the civil laws relating to the creation and manage- ment of ecclesiastical institutions, and to the sale of their property, remain unchanged. Aet. it. In spiritual and disciplinary matters there shall be no claim or appeal against decisions of ecclesiastical authorities, nor shall such decisions be recognized or executed by the civil authorities. The determination of the legal effects of such decisions and of other acts of the ecclesiastical authority shall belong to the civil authorities. If, however, such acts are contrary to the laws of the State or op- posed to public order, or encroach upon the rights of individuals, they shall be of no effect and, if they constitute offenses, shall be subject to the criminal laws. Aet, 18. A future law shall provide for the reorganization, preser- vation and administration of the ecclesiastical property within the Kingdom.^ Aet. 19. In all the matters which form the object of the present law, regulations now in force contrary to this law are repealed. ^ Decree of 25 June 1871 containing provisions for the exequatur and the royal placet. * See the Law of 19 June 1873 on the suppression of religious corporations in Rome, etc. JAPAN. In 1867 the Sliogun, until then the real ruler of Japan, surrendered his powers to the Emperor. The disappearance of the Shogunate weakened the feudal system, which was, however, made the basis of the first representative organization. In February, 1868, a superior council and seven ministerial departments were organized; a delib- erative assembly was convened, its members to be composed of dele- gates appointed by the feudal chiefs. In the same year the Emperor took ijn oath that " the system of a deliberative assembly should be adopted and that all measures should be taken in conformity with public opinion." The organization of government upon a feudal basis proved unsatisfactory; the deliberative assembly was abolished in 1870, and the feudal regime itself was suppressed in 1871. An agitation in favor of national representative institutions began in 1874, but those in charge of the government considered such a step premature; in 1878 representative provincial councils were created. Beginning in 1880 a vigorous political propaganda was conducted in favor of the establishment of a representative assembly ; an imperial edict of 12 October 1881 announced that the first Im- perial Diet would be convened in 1890. Between 1881 and 1889 important reforms were made in the organization of the government. The Constitution was promulgated on 11 February 1889, and at the same time were issued the Imperial House Law, the Imperial Ordinance concerning the House of Peers, the Law of the Houses, the Electoral Law for members of the House of Representatives, and the Law of Finance. The first Diet was formally opened on 29 November 1890.^ CONSTITUTION OF 11 FEBEUARY 1889.^ Chapter I. — The Emperor. Article 1. The Empire of Japan ^ shall be reigned over and gov- erned by a line of Emperors unbroken for ages eternal. '■ These introductory paragraphs are reprinted from W. F. Dodd, Modern Constitutions (Chicago, 1909), vol. ii, p. 23. There is also a very good account in F. R. Dareste et P. Dakeste, Les Constitutions modemcs (3d edition, Paris, 1910), vol. ii, pp. 686-687. - The translation given here is reprinted from Dono, op. oit., pp. 24-33, and was adopted by him almost without change from the official English translation issued from Tokyo in 1889 ; the difficulty of obtaining revision makes it necessary to give this Constitution in the untechnical language in which it here appears. English translation also in the British and Foreifjn iState Papers, 81 : pp. 289-295. French translation In DarestEj op. cit., pp. 687-696. German translation in Paul Posener, Die Slaatsver- fassungen des ErdbaUs (Charlottenburg, 1909), pp. 924-933. ^ The island of Hokushu and the Nansei Islands have no representatives in the Imperial Diet. 351 352 CONSTITUTIONS OF THE STATES AT WAR. Art. 2. The imperial throne shall be succeeded to by imperial male descendants, according to the provisions of the Imperial House Law.^ Art. 3. The Emperor is sacred and inviolable. Art. 4. The Emperor is the head of the Empire, combining in him- self the rights of sovereignty, and exercises them, according to the provisions of the present Constitution. Art. 5. The Emperor exercises the legislative power with the con- sent of the Imperial Diet. Art. 6. The Emperor gives sanction to laws and orders them to be promulgated ^ and executed. Art. 7. The Emperor convokes the Imperial Diet, opens, closes and prorogues it, and dissolves the House of Eepresentatives. Art. 8. The Emperor, in consequence of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Imperial Diet is not sitting, imperial ordinances in the place of laws. Such imperial ordinances are to be laid before the Imperial Diet at its next session, and w^hen the Diet does not approve the said ordinances, the government shall declare them to be invalid for the future. Art. 9. The Emperor issues, or causes to.be issued, tiie ordinances " necessary for the carrying out of the laws, or for the maintenance of the public peace and order, and for the promotion of the welfare of the subjects. But no ordinance shall in any way alter any of the existing laws. Art. 10. The Emperor determines the organization of the different branches of the administration, and the salaries of all civil and military officers, and appoints and dismisses the same. Exceptions especially provided for in the present Constitution or in other laws shall be in accordance with the respective provisions (bearing thereon). Art. 11. The Emperor has the supreme command of the army and navy. Art. 12. The Emperor determines the organization and peace standing of the army and navy. Art. 13. The Emperor declares war, makes peace and concludes treaties. Art. 14. The Emperor proclaims a state of siege. The conditions and effects of a state of siege shall be determined by law. 1 By the Imperial House Law of 11 February 1889 (62 articles), the succession Is In the mnle descendants of the Emperor, in accordance with the law of primogeniture ; when the Emperor has no descendants, the crown goes to the male relative of the nearest collateral male line. English translation of this law in the British and Foreign State Papers, 81 : pp. 295-301. - Ordinances of 1881 and 1886 govern the forms of promulgation. ^A law of 1889 authorizes the Emperor to sanction his ordinances with a penalty. JAPAN. 353 Art, 15. The Emperor confers titles of nobility, rank, orders and other marks of honor. Art. 16. The Emperor orders amnesty, pardon, commutatioii of punishment and rehabilitation. Art. it. A regency shall be instituted in conformity with the pro- visions of the liii])erial House Law. The regent shall exercise the powers appertaining to the Emperor, in his name. Chapter II. — Rights and Duties of Subjects. Art. 18. The conditions necessary for being a Japanese subject sliall be determined by law.^ Art. 19. Japanese subjects may, according to qualifications de- termined in laws or ordinances, be appointed to civil or military offices equally, and may fill any other public offices. Art. 20. Japanese subjects are amenable to service in the army or navy, according to the provisions of law. Art. 21. Japanese subjects are amenable to the duty of paying taxes, according to the provisions of law. Art. 22. Japanese subjects shall have the liberty of abode and of changing the same within the limits of law. Art. 23. No Japanese subject shall be arrested, detained, tried or punished, unless according to law.^ Art. 24. No Japanese subject shall be deprived of his right of being tried by the judges determined by law. Art. 25. Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent. Art. 26. Except in the cases mentioned in the law, the secrecy of the letters of every Japanese subject shall remain inviolable. Art. 27. The right of property of every Japanese subject shall remain inviolable. Measures necessary to be taken for the public benefit shall be pro- vided by law.^ Art. 28. Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief. Art. 29. Japanese subjects shall, within the limits of law, enjoy the liberty of speech, writing, publication,* public meeting and association.^ 1 Law of 1899 on nationality. - Code of Penal Procedure of 1S.S7. " Law of ISSO on expropriation for the public benefit. * Law of 1893 on the press gave way to a new law in 1909. * Law of 1893 on freedom of assembly and association. 354 CONSTITUTIONS OF THE STATES AT WAR. Art. 30. Japanese subjects may present petitions, by observing the proper forms of respect and by complying with the rules specially provided for the same. Art. 31. The provisions in the present chapter shall not affect the exercise of the powers appertaining to the Emperor, in times of war or in cases of national emergency. Art. 32. Each and every one of the provisions contained in the pre- ceding articles of the present chapter, that are not in conflict with the laws or the rules and discipline of the army and navy, shall apply to the officers and men of the army and navy. Chapter III. — The Imperial Diet. Art. 33. The Imperial Diet shall consist of two houses, a House of A Peers and a House of Eepresentatives.^ Art. 34. The House of Peers shall, in accordance with the Ordi- nance concerning the House of Peers,^ be composed of the members of the imperial family, of the orders of nobility, and of those persons who have been nominated thereto by the Emperor. Art. 35. The House of Representatives shall be composed of mem- bers elected by the people, according to the provisions of the electoral law.^ 1 The internal organization of the two houses is regulated by the Law of the Houses of 11 February 1889 (see below, Article 51). The president and vice-president of the House of Peers are nominated by the Emperor from among the members, and the presi- dent and vice-president of the House of Representatives are nominated by the Emperor from among three candidates, elected by the House. The presidents of both houses receive an annual salary of 5,000 yen ; vice-presidents, 3,000 yen ; elected and nominated members of the House of Peers and members of the House of Representatives, 2,000 yen, besides traveling expenses. 2 By the Imperial Ordinance of 11 February 1889 (13 articles) concerning the House of Peers, the latter is composed of a. male members of the Imperial family of full age ; b. princes and marquises of the age of 25 and upwards ; c. counts, viiicounts and barons of the age of 25 and upwards, who have been elected by the members of their respective orders, never to exceed one fifth of each order ; d. persons above the age of 30 years, who have been nominated members by the Emperor for meritorious services to the State or for erudition ; e. persons who shall have been elected in each city (Fu) and prefecture (Ken) from among and by the 15 male inhabitants thereof, above the age of 30 years, paying therein the highest amount of direct national taxes on land, industry or trade, and have been nominated by the Emperor. The term of membership under c'and e is seven years ; under a^ 6 and d, for life. The number of members under d and e must not exceed the number of other members. In 1917, the total number of peers was 364 (see TJie Statesman's Year-hook, 1917, p. 1058). English translation of this law m DoDDj op. c4t., pp. 33-35. 3 The Electoral Law of 11 February 1889 was amended in 1900 and 1908. The mem- bers of the House number 379, a fixed number being returned from each electoral dis- trict. The proportion of the number of members to the population is one to about 136,522. Voting is by secret single ballot. The right to vote is enjoyed by male sub- jects of not less than full 25 years of age, who have been permanent and actual residents in the electoral district for not less than a year and who pay land tax to the amount of not less than 10 yen (about $5) in a year for more than one year, or direct taxes other than land tax to the amount of not less than 10 yen in a year for more than two years or of land tax together with other direct national taxes to the amount of not less than 10 yen in a year for more than two years. In general, male subjects of not less than 30' years of age are eligible to the House, without any qualification arising from payment of taxes. Disqualified for membership are the imperial household officials, priests,, students, teachers of elementary schools, government contractors and election officials. JAP AX, 355 Art. 36. No one shall at one and the same time be a member of both houses. Art. 37. Every law requires the consent of the Imperial Diet. Art. 38. Both houses shall vote upon projects of law submitted to them by the government, and may respectively initiate projects of law. Art. 39. A bill, which has been rejected by either the one or the other of the two houses, shall not be again brought in during the same session. Art. 40. Both houses may make representations to the government as to laws or upon any other subject. When, however, such repre- sentations are not accepted, they can not be made a second time during the same session. Art. 41. The Imperial Diet shall be convoked every year. Art. 42. A session of the Imperial Diet shall last during three months. In case of necessity, the duration of a session may be pro- longed by imperial order. Art. 43. When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one. The duration of an extraordinary session shall be determined by imperial order. Art. 44. The opening, closing, prolongation of session, or proroga- tion of thp Imperial Diet shall be effected simultaneously for both houses. In case the House of Representatives has been ordered to dissolve, the House of Peers shall at the same time be prorogued. Art. 45. When the House of Representatives has been ordered to dissoh'e, members shall be caused by imperial order to be newly elected and the new House shall be convoked within five months from the day of dissolution. Art. 46. No debate shall be opened and no vote shall be taken in either house of the Imperial Diet, unless not less than one third of the whole number of the members thereof is present. Art. 47. Votes shall be taken in both houses by absolute majority. In the case of a tie, the president shall have the casting vote. Art. 48. The deliberations of both houses shall be held in public. The deliberations may, however, upon demand of the government or by resolution of the house, be held in secret sitting. Art. 49. Both houses of the Imperial Diet may respectively pre- sent adresses to the Emperor. Aft. 50. Both houses may receive petitions presented by subjects. Art. 51. Both houses may enact, besides what is provided for in the present Constitution and in the Law of the Houses, rules neces- sary for the management of their internal affairs. -356 CONSTITUTIONS OF THE STATES AT WAR. Ar.T. 52. No member of either house shall be held responsible out- side the respective houses, for any opinion uttered or for any voto ^iven in the house. When, however, a member himself has given publicity to his opinions by public speech, by documents in print or in writing, or by any other similar means, he shall, in the matter, be amenable to the general law. Art. 53. The members of both houses shall, during the session, be free from arrest, unless with the consent of the house, except in cases where taken in flagrante delicto^ or of offenses connected with a state of internal commotion or with a foreign trouble. Art. 54. The ministers of State and the delegates of the govern- ment may, at any time, take seats and speak in either house. Chapter IV. — The Ministers of State and the Privy Council. Art. 55. The respective ministers of State ^ shall give their advice to the Emperor, and be responsible for it. All laws, imperial ordinances and imperial rescripts of whatever kind, that relate to the affairs of State, require the countersignature of a minister of State. Art. 56. The Privy Council shall, in accordance with the provi- sions for the organization of the Privy Council, deliberate upon im- portant matters of State, when they have been consulted hj the Em- peror. Chapter V. — The Judicial Power. Art. 57. The judicial power shall be iexercised by the courts ol law according to law, in the name of the Emperor. The organization of the courts of law shall be determined by law.^ Art. 58. The judges shall be appointed from among those who possess proper qualifications according to law. No judge shall be deprived of his position, unless by way of crimi- nal sentence or disciplinary punishment. Rules for disciplinary punishment shall be determined by law. Art. 59. Trials and judgments of a court shall be conducted pub- licly. When, however, there exists any fear that such publicity ma}, be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended by provision of law or by the decision of the court. 1 The Council of Ministers in its present form dates from 1885, but its organization is governed by an ordinance of 1889. The Council is composed of 10 ministers • 1. Prime Minister. 6. Minister of Jlarinc. 2. Minister of Foreign Affairs. 7. Minister of Justice. 3. Minister of the Interior. 8. Minister of Instruction. 4. Minister of Finances. 9. Minister of Agriculture and Commerce. 5. Minister of War. 10. Minister of Communications. * The institution of the Court of Cassation dates from 1875. A law of 1891 governs the organization of the courts. The jury system does not exist In Japan. JAPAN. 357 Art. 60. All matters that fall within the competency of special (ribunals shall be specially provided for by law. Art. 61. No suit which relates to rights alleged to have hern in- fringed by the illegal measures of the executive authorities, and which should come within the competency of the Court of Adminis- trative Litigation, specially established by law/ shall be taken cogni- zance of by a court of laAv. Chapter VI. — Finance.- Art. 62. The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by law. However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause. The raising of national loans and the contracting of other liabili- ties to the charge of the national treasury, except those that are pro- vided in the budget, shall require the consent of the Imperial Diet. Art. 63. The taxes levied at present shall, in so far as they are not remodeled by a new law, be collected according to the old system. Art. 64. The expenditure and revenue of the State require the con- sent of the Imperial Diet by means of an annual budget. Any and all expenditures exceeding the appropriations set forth in the titles and paragraphs of the budget, or that are not provided for in the budget, shall subsequently require the appropriation of the Imperial Diet. Art. 65. The budget shall be first laid before the House of Repre- sentatives. Art. 66. The expenditures of the Imperial House shall be defrayed every year out of the national treasury, according to the present fixed amount for the same, and shall not require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary. Art. 67. Those expenditures already fixed and based upon tho powers belonging to the Emperor by the Constitution, and such ex- penditures as may have arisen by the effect of law, or that relate to the legal obligations of the government, shall neither be rejected nor reduced by the Imperial Diet, without the concurrence of the govern- ment. Art. 68. In order to meet special requirements, the government may ask the consent of the Imperial Diet to a certain amount as a continuing expenditure fund, for a previously fixed number of years. Art. 69. In order to supply deficiencies, which are unavoidable, in the budget, and to meet requirements unprovided for in the same, a reserve fund shall be provided in the budget. ^ This law was promulgated in 1890. = The Law of 11 February 18S9 on finances (33 articles), which governs budgetary questions, was completed by a law of 1890. 358 CONSTITUTIONS OF THE STATES AT WAR. Art. 70. When the Imperial Diet can not be convoked, owing to the external or internal condition of the country, in case of urgent need for the maintenance of public safety the government may enact all necessary financial measures, by means of an imperial ordinance. In the case mentioned in the preceding clause, the matter shall be submitted to the Imperial Diet at its next session, and its appro- bation shall be obtained thereto. Art. 71. When the Imperial Diet has not voted on the budget, or when the budget has not been brought into actual existence, the government shall carry out the budget of the preceding year. Art. 72. The final account of the expenditures and revenue of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the government to the Imperial Diet, together with the report of verification of the said board. The organization and competency of the Board of Audit shall be determined by a special law.^ Chapter VII. — SuppLEMENTARr RuiiES. Art, 73. When it may become necessary in future to amend the provisions of the present Constitution, a project to that effect shall be submitted to the Imperial Diet by imperial order. In the above case, neither House shall open the debate, unless not less than two thirds of the whole number of members are present, and no amendment shall be passed, unless a majority of not less than two thirds of the members present is obtained. Art. 74. ISTo modification of the Imperial House Law shall be re- quired to be submitted to the deliberation of the Imperial Diet, No provision of the present Constitution can be modified by the Imperial House Law. Art. 75. No modification shall be introduced into the Constitution, or into the Imperial House Law, during the time of a regency. Art. 76. Existing legal enactments, such as laws, regulations, or- dinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force. All existing contracts or orders, that entail obligations upon the government, and that are connected with expenditure, shall come within the scope of Article 67, 1 r.aw of 1880. LIBERIA. The Republic of Liberia had an American origin. It is composed almost exclusively of negroes whom different colonization societies have directed to certain points on the Ivory Coast since 1822. These colonies, situated beside each other, formed a union in 1837 (Com- monwealth of Liberia) under Thomas Buchanan, its first governor. But it was not until ten years later that a convention actually met to solemnly proclaim the independence of the new State and give it a Constitution. This Constitution modeled after that of the United iStates of xVmerica bears the date of 26 July 1847 and it was ratified by the people in the following September. At the biennial election held on 7 May 1907, several amendments were adopted by a two- thirds vote of the people.^ CONSTITUTION OF 26 JULY 1847,^ AS AMENDED 7 MAY 1907.=^ Preamble. The end of the institution, maintenance, and administration of goA^ernment, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjojdng in safety and tranquillity, their natural rights, and the blessings of life ; and whenever these great objects are not obtained, the people have a right to alter the government, and to take meas- ures necessary for their safety, prosperity, and happiness. Therefore, we, the people of the Commonwealth of Liberia, in Africa, acknowledging with devout gratitude the goodness of God, in granting to us the blessings of the Christian religion, and politi- cal, religious, and civil liberty, do, in order to secure these blessings for ourselves and our posterity, and to establish justice, insure do- mestic peace, and promote the general welfare, hereby solemnly associate, and constitute ourselves a free, sovereign, and independent State, by the name of the Eepublic of Liberia, and do ordain and establish this Constitution, for the government of the same. 1 This introductory paragraph is based upon F. R. Darestb et P. Daebste, Les Consti- tutions modernes (3d edition, Paris, 1910), vol. ii, pp. 656-657. ' Passed at Monrovia by unanimous consent of the people of the Commonwealth. Eng- lish text in the British and Foreign State Papers, 35 : pp. 1301-14. 3 These am(»ndments, which were adopted by a two-thirds vote at the biennial election, 7 May 1907, are here inserted in their proper places. English text in a printed pamphlet in the State Department files (cf. Papers Re,latiny to Foreign Relations of the United States, Washington, 1010, part 2, pp. 831-2). 360 CONSTITUTIONS OF THE STATES AT WAE. Artici^ I. — Bill, of Rights. SECTION 1. NATURAL AND INALIENABLE RIGHTS OF ALL MEN. All men are born equally free and independent, and have certain natural, inherent, and inalienable rights; among which are the rights of enjoying and defending life and liberty, of acquiring, pos- sessing, and protecting property, and of pursuing and obtaining safety and happiness. SECT. 2. ALL THE POWER IS INHERENT IN THE PEOPLE. GOVERNMENT IN- STITUTED FOR THEIR BENEFIT. All power is inherent in the people; all free governments are in- stituted by their authority, and for their benefit, and they have the right to alter and reform the same when their safety and happiness require it. SECT, 3. RIGHT OF ALL MEN TO WORSHIP GOD ACCORDING TO THE DICTATES OF THEIR OWN CONSCIENCES. All men have a natural and inalienable right to worship God ac- cording to the dictates of their own consciences, without obstruction or molestation from others ; all persons demeaning themselves peace- abl}'-, and not obstructing others in their religious worship, are en- titled to the protection of law, in the free exercise of their own re- ligion, and no sect of Christians shall have exclusive privileges or preference over any other sect; but all shall be alike tolerated; and no religious test whatever shall be required as a qualification for civil office, or the exercise of any civil right. SECT. 4. THERE SHALL BE NO SLAVERY WITHIN THIS REPUBLIC. There shall be no slavery within this Eepublic. Nor shall any citi- zen of this Eepublic, or any person resident therein, deal in slaves, either within or without this Republic, directly or indirectly. SECT. 5. THE PEOPLE IIA\TE A RIGHT TO ASSEMBLE, INSTRUCT REPRESENTA- TIVES, AND PETITION THE GOVERNMENT. The people have a right at all times, in an orderly and peaceable manner to assemble and consult upon the common good, to instruct their representatives, and to petition the government, or any public functionaries for the redress of grievances. SECT. 6. JUSTICE WITHOUT DENIAL. TRIAL BY JURY. HEARD IN PERSON OR BY COUNSEL, &C. Every person injured shall have remedy therefor, by due course of law; justice shall be done without sole denial or delay; and in all LIBERIA. 361 cases, not arising under martial law or upon impeachment, the parties shall have a right to a trial by jury, and to be heard in person or by counsel, or both. SECT. 7. HELD TO ANSWER, IN WHAT CASE. NOT TO GIVE EVIDENCE AGAINST HIMSELF, &C. Xo person shall be held to answer for a capital or infamous crime, except in cases of impeachment, cases arising in the army or navy, and petty offences, unless upon presentment by a grand jury; and every person criminally charged, shall have a right to be seasonably furnished Avith a copy of the charge, to be confronted with the wit- nesses against him; to have compulsory process for obtaining wit- nesses in his f aA-'our ; and to have a speedy, public, and impartial trial by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself; and no person shall for the same of- fence be twice put in jeopardy of life or limb. SECT. S. NOT DEPRIA'ED OF LIFE, LIBERTY, ukase of adjournment and of dissolution of the Skupshtina must be coun- tersigned by all the ministers. Art. 18. In Montenegro Prince Nicholas I Petrovitch Niegosch ^ reigns. Under the name of reigning house is included: the Sovereign l*i'ince, the Sovereign Princess, the Crown Prince, the Crown Princess. Members of the reigning house are: the father and the grand- father of the Sovereign Prince, the ascendants in direct line, then the sons, the brothers, the wives of the brothers, the daughters, the sisters, the nephews (sons of the brothers), the grandsons and the granddaughters. No other relative, either by blood or by marriage, is considered a member of the reigning family and can not, by conseci[uence, en- joy any prerogative or any right of preference over the other Monte- negrin subjects. Art. 19. The male descendants are called to the succession by order of primogeniture as it is prescribed by the special statute of family on the succession to the, throne. Art. 20. The Prince Hospodar and the heir to the throne attain their majority at 18 years of age. Art, 21, In case of death of the Prince Hospodar, the heir to the throne immediately takes the power as Prince Hospodar of Montenegro and notifies the people of his accession to the throne by a proclamation. He convokes the National Skupshtina within the thirty days fol- lowing the death of the late Prince Hospodar in order to take be- fore it the oath prescribed by the Constitution, In case the Skupsh- tina should be dissolved without the new one having been yet elected, it is the old one which should be assembled for this purpose. » Sf e the Law of 28 August 1910 (p. 429, below), which proclaimed Prince Nicholas King. 88381—19 27 410 CONSTITUTIONS OF THE STATES AT WAR. It would be the same if the Prince Hospodar abdicated during his lifetime in favor of his heir. Art. 22. In taking possession of the power, the Prince Hospodar takes before the National Skupshtina the following oath: In ascending the throne and taking possession of the power as Prince Hos- podar of Montenegro, I swear before the Almighty God and before all the Saints to defend the Constitution, to govern according to the Constitution and the laws and, in all my tendencies and my acts, to have the well-being of the country before my eyes. As I have sincerely sworn, may God aid me and the Holy Gospel and this cross which I embrace with faith and love. Amen. Art. 23. If at the death of the Prince Plospodar the heir to the throne is not of age, the constitutional princely authority shall be exercised until his majority by a regency composed of three members. Art. 24. The regents are appointed by the Prince Hospodar in his will ; if he has not made provision in this regard, by the Skupshtina. Art. 25. The testament by which the Prince Hospodar nominates the regents of the Prince must be written and signed by his own hand, The members of the Council of Ministers sign as witnesses on the back of the testament. The testament must be written in triplicate which, sealed under the seal of the Prince Hospodar, are deposited one with the Council of State, one with the Supreme Tribunal, and the third in the hands of the Keeper of the Seals. Art. 26. If the Prince Hospodar has not designated the regents by his testament, the constitutional authority is exercised provisionally by the Council of Ministers, which announces it by a proclamation and convokes the Skupshtina for the election of the prince regents, a month, at the latest, from the day of the death of the Prince Hospodar. Art. 27. If the Princess Mother is living, she must constitute part of the regency and the National Skupshtina chooses the other two regents. Art. 28, The regents are chosen solely from among subjects Monte- negrin by birth; they must be of the Orthodox religion, enjoy all the civil rights, be forty years old, be ministers, or councillors of State, or envoys accredited to a foreign court, presidents of the Supreme Tribunal or of the Control General of the State or brigadiers; or have exercised one of these functions. Art. 29. The election of the regents is always done by secret ballot. Art. 30. The regents receive per annum, as salary, the fifth of the civil list of the Prince Hospodar, which they divide among them- selves in equal parts. MONTENEGRO. 411 The regents before taking possession of the princely authority take oath that they will be faithful to the Prince Hospoclar, and that they will govern according to the Constitution and the laws of the country; after which they announce by a proclamation, the taking possession of the princely autliority. If they are named by the testament, they take the oath before the Skupshtina, which they must convoke, at the latest, a month after the death of the Prince Hospodar; in the other case they take the oath before the Skup- shtina which has elected them. Art. 31. During the n:iinority of the Prince Hospodar, no change can be made in the Constitution. Art. 32. If one of the regents dies or is prevented from exercis- ing his functions, he is replaced by the President of the Council of State. Art. 33. The princely regency shall direct the education of the minor Prince Hospodar, Art. 34. If the Prince Hospodar dies without leaving male de- scendants and the Princess is pregnant, the princely power shall be exercised provisionally to the moment of the delivery, by the Presi- dent of the Council of State, the President of the Council of Minis- ters and the President of the Supreme Tribunal ; after the delivery the princely regents shall be elected conformably to Article 28 of the present Constitution. Art. 35. The civil list of the Prince Hospodar is fixed by a law. It can not be increased without the authorization of the Skupshtina nor diminished without the consent of the Prince Hos- podar, Art. 36. The territory of the Principality of Montenegro can not be divided or alienated. Its frontiers can be neither diminished nor modified without an agreement between the Prince Hospodar and the Skupshtina. Art. 37. Montenegro is divided into departments, the depart- ments into arrondissements, the arrondissements into communes. Art. 38. The arms of the Principality of Montenegro are the two- headed white eagle, surmounted by the imperial crown, holding in his talons, the imperial scepter at the right and the globe at the left ; on the breast, a silver lion on a field of gules. Art, 39. The national colors are: Eed. blue, white. Art, 40, The State religion of Montenegro is the Eastern Ortho- dox, The Montenegrin Church is autocephalous. It does not depend on any foreign church, but it preserves unity of dogmas with the CEcumenical Eastern Orthodox Church, All the other recognized religious confessions are free in Mon- tenegro, 412 CONSTITUTIONS OF THE STATES AT WAE. Part II. — The National Representation. Art. 41. The national representation is the Skupshtina. It re- places the meetings, the assemblies and the conferences hitherto existing in Montenegro. Art. 42. The Prince Hospodar convokes the Skupshtina regularly every year on Saint Luke's Daj" (18/31 October), and designates the locality where it is to meet. He can also convoke it in extraor- dinary session, if grave and urgent affairs of State demand it. Art. 43. The deputies are elected for four years. Art. 44. If the elections take place after the dissolution of the National Skupshtina, the period of four years begins the day of the inauguration of the Skupshtina newly elected. Art. 45. The Skupshtina is composed of deputies elected by the people and of deputies who form part of it because of their position, namely, the Metropolitan of Montenegro, the Archbishop of Antivari (Serbian Primate), tlie Mufti of MontenegTo, the President and the members of the Council of State, the President of the Supreme Tri- bunal, the President of the Control General of the State and three brigadiers appointed b}^ the Prince Hospodar. Art. 46. The elections of deputies are direct. Art. 47. Each arrondissement and each chief-town of depart- ment, also the city Dulcigno, elects one deputy each. Art. 48. Every Montenegrin citizen of age is elector by right, without regard to the sum which he paj^s as taxes. Art. 49. The following Montenegrin citizens lose temporarily their electoral rights : 1. Those who are sentenced to prison, until they have recovered their civil rights. 2. Those who are, as a consequence of some transgression, con- demned to the loss of civil honors, this during the continuance of the penalty. 3. Bankrupts. 4. Those who are under guardianship. 5. Those who have entered the service of a foreign State without the authorization of the Montenegrin government. Art. 50. The officers, non-commissioned officers and soldiers of the active army are not electors. Art. 51. The vote is essentially personal and can not be cast except in one single place, nameh'^, in the arrondissement or the city where the elector is registered. Art. 52. Every citizen who does not have the right to vote is in- eligible. Art. 53. Every Montenegrin citizen to be eligible must be thirty years old, have his domicile fixed in Montenegro (exceptions made MONTENEGRO. 413 for those who live abroad, charged with some official mission), enjoy all the civil rights, and pay to the State at least 15 crowns per annum under the form of contributions or of impost, or of contribu- tions and impost together. Art. 54. Functionaries forming ])art of the administrative au- thorities (police) are ineligible. Akt. 55. All deputies nuist live in Montenegro, but they are not obliged to reside in the arrondissement or in the city where they have been elected. Art. 56. To be proclaimed deputy-elect in an arrondissement or a city, it is necessary to obtain the absolute majority of the votes cast. Art. 57. If no candidate obtains the absolute majority, the elec- tion is recommenced, limited to the two candidates having obtained the largest number of votes ; in case of tie, lot decides. Art. 58. Every candidate elected in two or more districts must choose before the Skupshtina. In the other districts, where he had been elected, they proceed to a new election not later than within a month. Art. 59. In case of invalidation, of resignation, or of death, com- plementary elections must be held, not later than a month from the day when the seat became vacant. Art. 60. Each deputy represents the entire nation and not solely his electors. Thus the electors can not give an imperative mandate to the deputy, to wdiom his experience and his conscience must alone dictate his acts and his orders. Art. 61. In its first meeting, under the presidency of the oldest member, the Skupshtina is divided by drawing lots into committees which shall each elect a member to serve on the commission charged with the verification of the mandates of the deputies. Art. 62. Only the National Skupshtina verifies the mandates of its members, and validates or invalidates them. Art. 63. All deputies, on entering upon office, take the following oath : I swear before the only God to he faithful to the Prince Hospodar, to defend faithfully the Constitution and to have in view in tlie exercise of my functions only the prosperity of the Prince Hospodar and of the country. May God aid me tlien in this world and in tlie other. Art. 64. The National Skupshtina, every time it is convoked, chooses among its members and by secret vote a president, a vice- president and two secretaries. Art. 65. The Prince Hospodar opens and closes the National Skupshtina. He can inaugurate it personally by a discourse from the throne, or through the medium of the Council of Ministers by a mes- sage or by a ukase. 414 CONSTITUTIONS OF THE STATES AT WAK. Art. 66. The Prince Hospodar can adjourn the National Skup- shtina which has been convoked, but for a period not exceeding more than three months ; he can also dissolve it and cause new elections to be held. The new elections must take place at the latest within a period of four months and the new Skupshtina must be convoked at the latest six months after the dissolution. Art. 67. The National Skupshtina responds by an address to the discourse from the throne by which the Prince Hospodar inaugurates the session. Art. 68. The meetings of the Skupshtina are held publicly or with closed doors.. The doors must be closed on request of the Presi- dent of the Skupshtina, of the government, or of ten deputies. Art. 69. The Skupshtina can deliberate or debate only if more than half of all the deputies are present at the meeting. Its decisions to be valid, must be adopted by the absolute majority of the votes cast. Art. To. The vote of the Skupshtina is by roll-call and by stand- ing and sitting, exception being made for the cases provided by Articles 29 and 64 of the Constitution. Part III.^ — The Competence of the National Assembly. Art. 71. The legislative power is exercised by the Skupshtina and the Prince Hospodar. Art. 72. Within the competence of the National Skupshtina are all questions reserved to it by the Constitution, and those which the Prince submits to it by special right through the intermediary of the government. Art. 73. No law can be promulgated or abrogated or modified or considered as obligatory without the consent of the National Skupshtina. Art. 74. Orders relative to putting in force laws, even those which the Prince Hospodar promulgates by virtue of his supreme right of sovereignty and control, are given by the executive power. The approval of the Skupshtina must be mentioned in each decree of promulgation of law. Decrees for putting laws in force must make mention of the law from which they are derived. Art. 75. If in the interval between parliamentary sessions the security of the State should be menaced by external or internal dangers, the Prince Hospodar would have the right to take, on the proposal of the Council of Ministers, all the measures necessary for the safeguarding of the country ; his decisions shall have the force of law. These laws extraordinarily promulgated should be notified to the Skupshtina at its first meeting. MONTETSTEGKO. 415 Art. 76. The laws and decrees promuloated b}^ the Prince Hos- podar in virtue of Articles 74 and 75 of the present Constitution are equally oblig:atory for all the citizens and for all the authorities. Art. 77. No impost or contribution, direct or indirect, can, in any case, bo established or notified without the approval of the Skup- shtina. Art. 78. Tlie goverinnent can make to the Skupshtina and the Skupshtina can make to the government any proposition relative to the creation of a noAv law. or to the modification or the completion or the interpretation of an already existing law, but definitive projects can be presented only by the government. The government only can submit to the Skupshtina the proposal to grant a gift, a recompense, or a subvention. Art. 79. The ministers have the right to be present at the sessions of the Skupshtina. They can take part in all the discussions of the order of the day, have the floor at their request, and possess the right to speak, in the last resort, after the close of the discussion. Art. 80. The Prince Hospodar can delegate, on the proposal of a minister, commissioners of the government, who shall be able to in- tervene in the discussions of the National Skupshtina, whether in- stead of said minister or with him, and give the Skupshtina the explanations which it may demand. These commissioners enjoy in the case the same rights as the ministers. Art. 81. Neither the ministers nor the commissioners have the right to vote if they are not deputies. Art. 82. The Skupshtina is obliged to deliberate at first on the projects submitted by the government and in the first place the budget. The government, on its side, shall study, as soon as possible, the proposals which the Skupshtina shall have indicated to it as urgent. Art 83. Every proposition emanating from the government or from the deputies, and, in general, every project, before being brought into discussion must be referred to one of the parliamentary com- mittees. Art. 84. The committees are required, before submitting their report to the Skupshtina, to hear the observations of the minister or the commissioner of the government. Art. 85. The government is always obliged to furnish to the com- mittees on their request, the necessary explanations. Art. 86. The Skupshtina has the right to invite, of itself, the min- isters or their commissioners to give it the necessary explanations. The latter are required to give them in all cases, except those where this communication would be harmful to the interests of the country, 416 CONSTITUTIONS OF THE STATES AT WAR. concerns a secret of State, or would by its premature divulgence be prejudicial to the interests of Montenegro. Art, 87. The government can withdraw a bill submitted to the Skupshtina so long as the latter has not definitely voted it. Art. 88. If the Skupshtina passes a bill, adding thereto amend- ments or additions rejected by the government, the latter can either withdraw it completely or reintroduce it in the same Skupshtina, either modifying the reasons or changing the bill itself. Art. 89. If the Skupshtina rejects a bill, the government can submit it to the same Skupshtina after having modified it, or wait for the opportunity to present it to the next Skupshtina in its primary form. Art. 90. The Skupshtina can not make the vote on the budget de- pend on any question not having correlation with it. Art. 91. The Skupshtina submits the budget when it has passed it for the approval of the Prince Hospodar. If the National Skupshtina estimates that the sums asked for in the budget are susceptible of being diminished or suppressed, it shall state the grounds for its proposal, enumerating the chapters in which economies are possible without injuring the interests of the State. Art. 92. The government shall examine, in detail, the propositions which the Skupshtina shall submit to it by virtue of Article 91 and take account of them so far as possible unless that action could injure the interests of the State. If the amendments proposed by the Skupshtina are not agreed to by the government and if the explanations of the government do not, on the other hand, satisfy the Skupshtina, the budget of the preced- ing year is applicable for the current year the same as if the Skupsh- tina is adjourned before passing the budget. In this case, the Prince Hospodar shall promulgate an ordinance, countersigned by all the ministers, which shall have the force of law. Art. 93. The State can not contract a loan without the consent of the Skupshtina. If extraordinary and urgent circumstances necessitate the issuing of a loan, the Skupshtina must be convoked in extraordinary session. If circumstances do not permit the convoking of the Shupshtina in extraordinary session, the Prince Hospodar can, on the proposal of the Council of Ministers and in agreement with the Council of State contract a State loan to the amount of 200,000 crowns. By the same procedure, the Prince Hospodar can, in case of urgency, or- der the treasury to make payment, not provided constitutionally, to the amount of 50,000 crowns. In the two cases the government shall notify the statement of these acts to the Skupshtina at the first ordinary session and inform it of the reasons which have dictated its conduct. MONTENEGRO. 417 Art. 94. Each decision of the National Skupshtina must be sanc- tioned by the Prince Hospodar and as far as possible in the same session. Art. 95. Tlie Skupshtina has the right to make inquiries on the subject of electoral and purely administrative questions. Art. 9f). The Skupshtina can receive written complaints relative to affairs already regulated by the competent ministers but it can not accord an audience to the complainants. The Skupshtina admits only written petitions. Art, 97. The deputy is not answerable for what concerns his par- ticipation in the work of the Skupshtina. No accounting can, at any time, be demanded of him on the subject of the votes he has cast in the Skupshtina. If a deputy offends, in his discourse to the Skupshtina, one or more of its members, the president has the right and the duty of suspend- ing the sitting for half a day. In the following meeting the president shall propose to the Skupshtina the temporary exclusion of the offender. If a deputy employs in the Skupshtina expressions containing, against anyone whatever, offenses considered by the penal code as being misdemeanors or transgressions, the deputy can be denounced to the competent tribunal, but on the authorization of the Skupshtina. Art. 98. During the continuance of the session and the five days preceding, the deputies can neither be imprisoned nor handed over to the tribunals. Art. 99. No authority can in the course of the parliamentary session summon a deputy nor imprison him if the Skupshtina does not authorize an inquiry against him. Exception is made for one taken in fagrante delicto in crime. Art. 100. If a deputy is taken in fagrante delicto in crime in the course of the parliamentary session, he can be arrested, but it is neces- sary to inform the Skupshtina immediately, and no action can be brought against the delinquent before the Skupshtina has decided whether there is occasion to proceed against him. Art. 101. The deputies can meet in a sitting of the Skupshtina only on the invitation of the Prince Hospodar. They can not con- tinue their discussions when the meetings are broken up or adjourned, or when the Skupshtina has been dissolved. Art. 102, The deputies who do not reside in the city where the Skupshtina is convoked receive from the treasury of the State travel- ing expenses and a daily compensation provided by a special law. Art. 103. A special law shall regulate the labors of the Skupshtina. 418 coisrsTiTUTioisrs of the states at wak. Part IV. — The Ministers. Art. 104. The Prince Hospodar appoints and recalls the ministers. Art. 105. The Council of Ministers presides over the administra- tion of the State. It is subject directly to the Prince Hospodar. Art. 106. The Council of Ministers is composed of the ministers appointed for the different branches of the administration of the State. The Prince Hospodar chooses one from among these latter as President of the Council. Art. 107. The ministers swear before the Prince Hospodar to be faithful to him and to observe conscientiously the Constitution and the laws of the country. Art. 108. The ministers are responsible for their official acts before the Hospodar and the National Skupshtina. Every official act signed by the Prince Hospodar must be countersigned by the competent minister. Art. 109. Only a Montenegrin citizen can be minister. Art. 110. Ministers who have resigned can be kept at the disposal of the Prince Hospodar for a year at the utmost ; if, at the expira- tion of this period they no longer accept the post which they occu- pied before being appointed ministers, or an analogous situation, they can be retired, after having completed in the service of the State, the minimum of years prescribed by the law on civil func- tionaries. The resigned ministers, who, before being ministers, had not been in the service of the State, can obtain a situation yielding a salary of 4,000 crowns. If a post of this importance is not vacant, they shall have a right to a pension corresponding to the said situation, on condition that they have been ministers the minimum of years prescribed by the law on civil functionaries. Art. 111. A minister can be impeached : 1. If he commits an act of treason against the country or the sovereign. 2. If he violates the Constitution. 3. If he lets himself be suborned. 4. If, through cupidity, lie causes damages to the State. 5. If he violates the laws in the cases specified in the law on ministerial responsibility. Art. 112. Ministers can be impeached by the Prince Hospodar and by the Skupshtina. The proposal to impeach a minister must be written and contain the counts of the indictment. If it is the Prince Hospodar who ac- cuses the minister, the President of the Council of Ministers sub- mits the act of accusation to the Skupshtina ; if it is the Skupshtina MONTENEGRO. 419 which is accuser, the act of accusation must be signed by a third at least of the deputies. Art. 113. The right to make complaint against a minister lasts five years, starting from the day when he has committed the act with which he is reproached. Art. 114. Two thirds of all the deputies present at the Skupshtina are necessary to impeach a minister. Art. 115. The minister impeached is tried by a tribunal composed of the members of the Council of State and of the Supreme Tribunal. Art. 116. The Prince Hospodar can not pardon a condemned min- ister, nor suspend an examination begun, except on the proposal of the Skupshtina. Art. 117. A special law shall fix the different cases of ministerial responsibility, the penalties applicable to their offenses, and the pro- cedure. Part V. — ^The Council or State. Art, 118. The Council of State is composed of six members. The members of the Council of State are appointed by the Prince Hospodar, who also names its President. The latter remains in charge so long as the Prince Hospodar does not replace him. Art. 119. The councillors of State must be Montenegrin subjects, be 35 years of age, have followed a regular course of studies in a foreign faculty or a special superior school equivalent to a faculty, and have passed ten years in the service of the State, unless they have been ministers. Art. 120. The Council of State has the following functions: 1. To study the bills which the government submits to the Skupshtina and to give its advice. 2. To give the government its appreciation on the matters which it submits to it. 3. To deliberate on the complaints against ministerial decisions in administrative questions in dispute. The decisions of the Council of State are obligatory for the ministers. 4. To settle conflicts between the different administrative au- thorities and between the administrative and judicial authorities. 5. To judge functionaries of State in the capacity of a dis- ciplinary tribunal. 6. To approve partial payments effected on a general credit fixed by the budget for an extraordinary need as well as the transfers made to provide for the public works. 7. To approve the naturalization of a foreigner in exceptional cases. 420 CONSTITUTIONS OF THE STATES AT WAR. 8. To approve arrangements made between the State and indi- viduals which would be considered useful to the State. 9. To approve State loans and extraordinary credits in the cases specified in Article 93 of the present Constitution. 10. To deliberate on complaints given out against decrees which violate the rights of individuals guaranteed by the law. If the decree injures an interest of the State, materially in favor of indi- viduals, the Control General of the State has the right to lodge a complaint before the Council of State in the name of the State. 11. To deliberate on protests against ministerial decisions in questions where the minister is not competent or exceeds his com- petence. 12. To decide on the sale of real estate belonging to the depart- ments, to the arrondissements and to the communes. 13. To decide on the abandonment of irrecoverable credits, 14. To demand from the Control General of the State reports on the accounts of the State. 15. To decide on protests against the decisions of the Control General of the State. 16. To execute the affairs which are reserved to it according to the laws. Art. 121. A special law shall regulate the labors of the Council of State. Part VI. — The Army. Art. 122. Every Montenegrin subject is subject to military service. Art. 123. A special law establishes the age at which one owes mil- itary service, the manner of serving, and the exemptions as well as the grades existing in the army and the manner of gaining and of los- ing the said grades. Art. 124. A special law establishes the organization of the army whose formation is fixed by the Prince Hospodar by a regulation. Art. 125. The Prince Hospodar establishes by regulation instruc- tions on military discipline and disciplinary punishments. Art. 126. The soldiers, non-commissioned officers and officers in active service are, during their presence with the colors, judged by the military tribunals, but only for penal actions. Art. 127. A special law shall establish the composition, the or- ganization and the competence of the military tribunals. Part VII. — The Church, Schools and Benevolent Institutions. Art. 128. All the religious confessions recognized by the State have the right to exercise their cult freely and publicly. MONTENEGRO. 421 Art. 129. The internal administration of the Eastern Orthodox Church belongs either to the Montenegrin Metropolitan or to the Episcopal Synod. The administration of the internal ecclesiastical affairs of the Catholic Church belongs to the archbishopric of Antivari. The internal administration of the Mussulman religious confession belongs to the Montenegrin Mufti. Art. 130. The spiritual authorities of all the religious confessions recognized by the State are subject to the surveillance of the Minis- ter of Instruction and of Cults. Art. 181. The organization of the ecclesiastical authorities and of the theological faculty of the Eastern Orthodox Church is estab- lished by a laAV on the basis of an agreement between the Minister of Instruction and the Episcopal Synod. Art. 132. The ecclesiastical authorities try the clergy for offenses which they commit in the exercise of their sacerdotal functions ex- cept for Crimea arising from the penal code. Art. 133. Religious persons and ecclesiastical institutions are sub- ject to the laws of the country in what concerns their civil relations and their property ; for what concerns the internal organization and administration they must abide by a regulation which the govern- ment must approve. Art. 134. Protests against abuses by the spiritual authontias of all the religious confessions recognized by the State must be presented to tiie Minister of Instruction and of Cults. Art. 135. The correspondence of the spiritual authorities of the Eastern Orthodox Church with foreign ecclesiastical authorities and synods must be authorized by the Minister of Instruction and of Cults. The correspondence of other religious confessions Avith foreign spiritual authorities must be submitted for the approval of the Min- ister of Instruction and of Cults. Art. 136. Every act directed against the Eastern Orthodox Church (proselytism) is forbidden. Art. 137. No spiritual authority can publish and execute, im Montenegro, the official acts and orders of foreign spiritual authori- ties, councils and synods without the authorization of the Minister of Public Instruction and of Cults. Art. 138. Primary instruction is obligatory and gratuitous in the public schools. Art. 139. All public and private schools, all literary and scientific societies and other scientific institutes are subject to the surveillance of the Minister of Public Instruction and of Cults. Art. 140. Institutions of charity and of works having an ec- clesiastic or scientific object, founded by individuals, must be ap- 422 CONSTITUTIONS OF THE STATES AT WAR. proved b}^ the authorities. Their property and their endowments can not be considered as property of the State, and can not be destined for other objects than those for which they have been es- tablished. Art. 141. The clergy of the Eastern Orthodox Church has its own fund founded by previous withdrawals from salaries and from which it receives its retirement conformably to the existing law. Part VIII. — The Judicial Authority. Art. 142.' The judges are independent. Justice is exercised in the name of the Prince Hospodar. Art. 143. There exist tribunals of arrondissement, of department, and the Supreme Tribunal. Art. 144. In the cities designated by law the arrondissement judicial authority of first instance is exercised by the communal tribunals. Art. 145. All judges are appointed by the Prince Hospodar. They can not be transferred, dismissed, or retired, except by virtue of the law relative to magistrates. Art. 146. The tribunals judge and render their decisions conform- ably to the laws of the country. Art. 147. The law has no retroactive effect to the detriment of rights acquired by preceding laws. Art. 148. A tribunal or a judicial authority can not be established except by virtue of a law. Art. 149. No tribunal can enter any action whatever, if it is incom- petent. Art. 150. The trials are public, exception being made for the case where the court shall find it necessary to proclaim closed doors on account of moral or public order. Art. 151. Each sentence or decision must have the grounds stated from the provisions of the law on which it is based. Art. 152. Every accused person must have counsel from the moment when he has been put in accusation. If he does not choose counsel for himself, the tribunal shall appoint one officially for him. Art. 153. Blood relatives in direct line to any degree whatever, in lateral line to the fourth generation (eight degrees), and by mar- riage to the second generation (four degrees), can not serve at the same time in the same tribunal or judge in the same affair. Art. 154. He only can be judge who is a Montenegrin subject and who has finished regularly his studies in a faculty of law, not to mention other conditions desired by the law. To be judge in a departmental tribunal, it is necessary to be 25 years old and to have served two years in the judicial administra- MONTENEGRO. 423 tion; to form part of the Supreme Tribunal, one must be 30 years old. To be president of a departmental tribunal, it is necessary to have served at least four years as a judge of a departmental tribunal or as secretary to the Minister of Justice or of the Supreme Tribunal. To be president and member of the Supreme Tribunal, it is necessary to have served at least six years as a judge of a departmental tribunal. Part IX. — The Finances of the State. Art. 155. Each Montenegrin subject owes to the State imposts and taxes, which are paid in proportion to the wealth. Art. 156. The Prince Hospodar and the members of the reigning house pay neither impost nor taxes. Art. 157. No one can be exempted from paying imposts and taxes except in the cases provided by the law. Art. 158. The Skupshtina approves the budget every year, which is valid only for one year. Art. 159. The budget must be submitted to the Skupshtina at the beginning of the session. At the same time the balance sheet of the preceding year must be presented to the Skupshtina. Art. 160. All the revenues and expenditures must be registered in the final budget. Art, 161, If the Skupshtina has not been able to approve the new budget before the commencement of the budgetary 3^ear, it shall prolong temporarily the budget of the year just past until the new budget is voted. Art. 162. If the Skupshtina is dissolved or adjourned before it has passed the budget, the budget of the current year is likewise valid for the following year. Part X. — The Property or the State. Art. 163, The property of the State consists of all the real estate and personal property and all the property rights which the State acquires and preserves. Art, 164, The property of the State can not be alienated, pledged, or hypothecated except with the consent of the Skupshtina. Art. 165. The right of monopoly belongs to the State. It can transfer this right to others, but only for a period determined by the laws. Art. 166. Mines are the property of the State in a proportion es- tablished by the laws. Art. 167. Concessions, of any kind whatever, can be granted only for a determined period and by a special law. 424 CONSTITUTIONS OF THE STATES AT WAK. Art. 168. The property of the State is administered by the Min- ister of Finance, conformably to the provisions of the laws. Art. 169. The property of the State must be distinguished from the private property of the Prince Hospodar. The Prince Hospodar disposes freely of his property during his life and at his death. Sentence 2 of Article 2 of the present Constitution is not applicable to the property of the Prince Hospodar. Part XL — The Control General or the State. Art. 170. The Control General of the State is established for the review of the accounts. It constitutes a special authority and a Court of Accounts. Art, 171. The Control General of the State has a president and two members. The president and the members of the Control General of the State are chosen by the Assembly among the candidates which the Council of State proposes to it in double number of posts vacant. Art. 172. To be president or member of the Control General of the State it is necessary to be a Montenegrin subject, be 30 years of age, have pursued a regular course of studies in a faculty or in a special superior school equivalent to a faculty and have passed ten years in the service of the State or have been Minister of Finance; or else, have served as a superior functionary in the financial admin- istration and have had at least ten years of service. But the presi- dent or one of the members of the Control must have completed regularly his studies in a faculty of law. Art. 173. The Control General of the State examines, corrects and liquidates the accounts of the administration of the State and of all those who have accounts to render to the treasury of the State. It watches to see that the credits made by the budget are not ex- ceeded; it closes the accounts of all the administrations of the State and is required to obtain all the vouchers and necessary informations. Art. 174. The general budget of the State is submitted to the Skupshtina with the observations of the Control General of the State, at the latest, two years after the end of each budgetary year. Art. 175. A special law regulates the organization and the compe- tence of the Control General of the State, as well as the formation of its personnel. Part XII, — Communes and Judicial Persons. Art. 176. Communes have their autonomy conformably to the provisions of the laws. MONTENEGRO. 425 Art. 177. To adminij^ter the atfairs of communes, there are: the communal tribunal, the communal commission and the communal council. Akt. 178. Communal elections are direct. Art. 170. Every Montenegrin subject of age paying imposts or taxes has the right to vote at connnunal elections. Akt. 180. Communal authorities, outside of communal affairs, aro obliged to occupy themselves with affairs which the law attributes to them concerning the State. Art. 181. Every citizen and all real property must belong to a commune and support all communal charges. Art. 182. The commune can not establish any impost without the approval of the communal council. Art. 183. The commune can not contract a loan without the authorization of the communal council. Art. 184. A law establishes in what cases the approval of the legislative power or of the government is necessary to create an im- post or contract a loan. Art. 185. The departments, arrondisements and communes can possess propeity. Art. 18G. A new commune can not be created nor the limits of communes already existing be modified without the approval of the legislative power. Art. 187. No juridical person can exist without the approval of the State. Art. 188. Juridical persons can possess property which must sup- port the charges of the State and of the connnunes. Art. 189. A special law regulates the organization and the com- petence of the communal authorities and the relations existing be- tween them and the authorities of the State, Part XIII. — The Service of the State. Art. 190. All Montenegrin subjects have the same rights to all the employments in all the branches of the service of the State, provided they satisfy the conditions prescribed by the Constitution and the laws. Foreign subjects can not be accepted in the service of the State except on the basis of a contract. Art. 191. For the nomination and the advancement of function- aries, their conduct, their aptitudes and their knowledge must be taken into consideration. Art. 192. Every functionary is responsible for his official acts. SS3S1— 19 28 426 CONSTITUTIONS OF THE STATES AT WAK. Art. 193. Functionaries, at the time of entering the service of the State, swear to be faithful and obedient to the Prince Hospodar and to observe conscientiously the Constitution and the laws. Art. 194. The law regulates the employments, the salaries of func- tionaries and the hierarchy in the service of the State. Art. 195. Functionaries have the right to retirement. The law establishes on what conditions a functionary can have the right to retirement and to be retired. There exists a special fund, formed by previous deductions from the salaries of functionaries, which assures the pension of func- tionaries, their widows and their children. If this fund is insufficient, the treasury shall supply the deficit. Part XIV. — The Constitutional Rights of Montenegrin Citizens. t Art, 196. All Montenegrin citizens are equal before the law. Art. 197. The Constitution guarantees to each one his personal liberty. Art. 198. No suit can be brought against any one whomsoever except in cases provided by the law. Art. 199. No one can be arrested or deprived of his liberty except in the cases and according to the provisions specified by the law. Art. 200, No one can be judged without having been heard or sum- moned by legal process to defend himself. Art. 201, No one can be judged by an incompetent tribunal. Art. 202. Penalties can be established only by the law and ap- plied only for acts punishable according to the law. Art. 203. Capital punishment for crimes purely political is abol- ished. Attempts against the person of the Prince Hospodar and against the members of the reigning house are excepted. Those cases, also, are excepted where the purely political crime is accompanied by an action punishable, according to law, by capi- tal punishment, and cases punished by the death penalty according to military law. Art. 204. The domicile of Montenegrin citizens is inviolable. The' authorities can make no search of the domicile except in the cases and in the manner provided by the law. Art. 205. The penalty of confiscation of property is forbidden; only those objects are liable to seizure which are the product of a punishable action, have served, or were destined to perpetrate this punishable act. Art. 206. Property of whatever character is inviolable. MONTENEGRO. 427 Art. 207. No one can be obliged to give his property for public needs; the right of property can be limited only in the cases per- mitted by the laAv in consideration of an indemnity. Akt. 208. Liberty of conscience is unlimited. The recognized religious confessions are free and protected by the laAv in so far as the exercise of their cult does not offend public order and morals. Art. 209. Every Montenegrin citizen has the right, within the limits of the law, to manifest his ideas by speech, writing, the press, and engraving. Art. 210. The press is free. Censorship, warning and every preventive measure capable of preventing the issue, sale and publication of writings and of jour- nals are forbidden except in the cases provided for by the law on the press. Art. 211. Epistolary and telegraphic privacy is inviolable except in case of war or judicial inquiry. Art. 212. Citizens have the right to assemble in peace according to the law. Art. 213. Citizens have the right of assembly when it concerns objects which are not contrary to the laws. Art. 214. Citizens have the right to protest against illegal pro- cesses by the authorities. Art. 215. Every citizen is free to renounce the Montenegrin nation- ality, after having performed his military service and having been acquitted of the duties which he may have towards the State or in- dividuals. Art. 216. Foreigners domiciled on Montenegrin territory enjoy the protection of the Montenegrin laws in what concerns their individ- uality and their property. They are obliged to support the communal charges and those of the State in so far as international treaties are not opposed thereto. Art. 217. Extradition is not admitted for crimes purely political. Part XV. — The Constitution or the State. Art. 218. The Constitution can not be suspended either partially 3r as a whole. Art. 219. The proposal to modify, complete, or interpret the Con- stitution can be made only by the Prince Hospodar or the Skupshtina. Such a proposal must cite particularly the Articles to be modified, completed, or interpreted. Art. 220. In order that a proposal of modification, completion, or interpretation of the Constitution may be adopted, it must be passed 428 CONSTITUTIONS OF THE STATES AT WAK. by two thirds of the deputies present and the Skupshtina must take the same decision in two regular consecutive sessions. Art. 221. — 1. Up to the presentation of the bills provided in the present Constitution, the present laws remain in force, so far as they are not in contradiction with the provisions of the present Consti- tution. 2. The princely government shall prepare on the basis of the present Constitution the bills most necessary, which, discussed by the Council of State and approved by the Prince Hospodar, shall have the force of provisional laws, until the Skupshtina has discussed and passed them in its ordinary sessions. 3. The princely government shall elaborate first : (1) A bill on the election of deputies applicable only to the election for the first parliamentary period. (2) A bill on the internal regulation of the Skupshtina. (3) A bill on ministerial responsibility. These three projects, submitted to the discussion of the Council of State and sanctioned by the Prince Hospodar, shall enter in force provisionally until the first ordinary session of the Skupshtina. 4. The Council of State is abolished in its present form, and the Prince Hospodar can appoint the president and the members of the Council of State without regard to the provisions of the present Con- stitution. The Council of State thus constituted shall exercise, the functions provided by the present Constitution at the latest until the end of the second ordinary parliamentary period. Then the nomination of the president and the members of the Council of State shall be proceeded with, conformably to Articles 118 and 119 of the present Constitution. 5. The Supreme Tribunal and the departmental tribunals shall be completed, in case of need, without regard to the provisions of the present Constitution at the latest up to the end of the second ordinary parliamentary period. After this period, those who shall not have the qualifications provided by the present Constitution shall no longer be able to exercise their functions. 6. The nomination of the president and the members of the Control General of the State must be made conformably to the provisions of the present Constitution, before the end of the second parliamentary period at the latest. 7. The following laws shall be submitted to the Skupshtina in its first ordinary session: The law on the budget of the State. The law on the internal regidation of the Skupshtina. The law on ministerial responsibilit3^ Others absolutely necessary for the entrance into force of the present Constitution. ' MONTENEGRO. 429, Art. 222, The present Constitution enters into force on 6/19 December 1905.^ LAW OF 28 AUGUST 1910 PROCLAIMING PRINCE NICHOLAS KING.- Article 1. The Principality of Montenegro is procLaimed King- dom of Montenegro. Art. 2. Prince NichoLas I Petrovitch Niegosch is prochiimed. by the grace of God, Hereditary King of Montenegro. The King and Qneen shall haA'e the title of " Majesty." Art. 3. The Hereditary Prince Danilo is proclaimed the heir to the throne of Montenegro. The Hereditary Prince, the Hereditary Princess and their children shall have the title of " Royal Highness." Art. 4. All the other children, male or female, of their Majesties shall receive the title of " Royal Highness," and the grandchildren of the latter the title of " Highness." Art. 5. This hiAV comes into force when signed by the Prince Hospodar, and in all the hivvs of the land the words " Prince " and " Princely " shall be replaced by " King " and " Royal." 1 In the publication of the Constitution by Nicholas I on Saint Nicholas Day, 1905, the following sentence is appended immediately after Article 222 : " We order all our ministers to publish the present Constitution and to watch over its observation, the authorities to apply it and all' and each to obey it." - Pul)lished and sanctioned by Nicholas I, Cettinje, 28 August 1910, after passage by the Skupshtina. Translation reprinted from the British and Foreign State Papers, 105 : p. 991. NICARAGUA. Shortly after the dissolution of the Central American Union, the State of Nicaragua proclaimed its independence (April 1838) and gaxQ itself, on 12 November 1838. a new Constitution to replace its Federal State Constitution which was dated 8 April 1826. After the bloody wars Avhich troubled the Republic from 1855 to 1857, and the overthrow of the adventurer, William Walker, a Constitu- ent Assembly met at Managua and amended the Constitution on 19 August 1858.1 The Constitution of 1858, little respected by the political parties which successively contended for the powder, gave way in 1893 to a new text adopted by a Constituent Assembl^^ at Managua on 10 December.- After the revolution of 1896, the Con- stitution received important amendments by a law of 15 October 1896.=^ The sixth Constitution, dated 30 March 1905,* gave way to the present Constitution on 10 November 1911.^ CONSTITUTION OF 10 NOVEMBER leil." [Preamble.] In the presence of God, we, the representatives of the Nicaraguaii people, in Constituent Assembly hereby decree and sanction the following Political Constitution. Title I. — The Nation. Article 1. Nicaragua is a free, sovereign and independent nation. Its territory which comprises the adjacent islands is situated between the Atlantic and Pacific Oceans and the Republics of Honduras and Costa Rica. ^ English translation in the British and Foreign State Papers, 72 : pp. 1045-10fi4. 2 English translation in the British and Foreign State Papers, 86 : pp. 1090-1109. 5 English translation of this law in the British and Foreign State Papers, 94 : pp. 385— 392. * Spanish text and English translation in parallel columns in J. I. Roduiguez, Amer- ican GonstHutiohs (Washington, 1906), vol. i, pp. 300-324. 5 This introductory paragraph is based upon F. R. Dareste et P. Dareste, Lcs Con- stitutions modcrnes (3d edition, Paris, 1910), vol. ii, p. 565. ^ Translated by Antonio M. Opisso from the official Spanish text as published at Managua, 1912. 431 432 coNSTiTUTioisrs or the states at war. Art. 2. The sovereignty is one, inalienable and imprescriptible, and resides essentially in the people, from whom the officials provided for by the Constitution and laws derive their powers. In consequence no compacts or treaties shall be concluded which are contrary to the independence or integrity of the nation, or affect its sovereignty in any wa3% except such as may look toward union with one or more of the Eepublics of Central America. Art. 3. Public officials shall have no other powers than those expressly conferred on them by law. All acts performed by them outside the law are void. Title II. — The Form of Government. Art. 4. The government of Nicaragua is republican, democratic, representative and centralized. It consists of three independent j)0wers : The legislative, the executive and the judicial. Title III. — Religion. Art. 5. The majority of Nicaraguans profess the Catholic, Apos- tolic and Roman religion. The State guarantees the free exercise of this form of worship, as well as all others, provided they are not contrary to Christian morals and public order; the enactment of laws favoring or restricting certain forms of worship being pro- hibited. Title IV.— Education. Art. 6. The teaching of any lawful industry, trade or profession is free. Primary instruction shall be compulsory, and that financed by the State shall also be gratuitous. As regards professional in- struction, the law shall determine what professions require the grant- ing of a degree previous to the exercise thereof, and the formalities for obtaining it. Title V. — Nicaraguans. Art. 7. Nicaraguans are native or naturalized. Art. 8. The following are natives : 1. Persons born in Nicaragua, of parents who are Nicaraguans or domiciled foreigners. 2. Children who are born abroad of a Nicaraguan father or mother, provided they choose Nicaraguan nationality. Art. 9. The following are naturalized: 1. Natives of other Central American Republics, who reside in Nicaragua, and declare their desire to be Nicaraguans before the competent authority. NICARAGUA. 433 2. Foreign women who marry Nicaraguans. 3. Spanish Americans who have resided one year in the country, and other foreigners who have resided there two years, provided they declare their desire to become naturalized before the proper au- thority. 4. Persons who have secured naturalization papers according to law. Art. 10. The following persons shall forfeit their Nicaraguan nationality : 1. Those who while residing in Nicaragua voluntarily secure naturalization in a foreign country not situated in Central America. However, they shall recover their Nicaraguan nationality by re- establishing their domicile in Nicaragua at whatever time this may occur. 2. Nicaraguan women who marry foreigners, provided they ac- quire the nationality of their husbands according to the law of the nation of the latter, but they shall recover Nicaraguan nationality upon becoming widows, if they lose the nationality of their husbands by reason of this cause. Art. 11. The provisions of this title may be modified by treaties, on condition of reciprocity. Title VI. — Foreigners. Art. 12. Tlie Republic of Nicaragua shall be a safe asylum for any person seeking refuge in its territory. Art. 13. Foreigners in Nicaragua shall enjoy all the civil rights of Nicaraguans; they are obliged to respect the authorities and to obey the laws, and, in regard to property acquired by them in the country, the}^ shall be subject to all ordinary or extraordinary taxes levied against Nicaragiums. Art. 14. Foreigners shall not be allowed to lay claims against or demand any indemnity of the State, except in the cases and in the manner in which Nicaraguans may do so. Art. 15. Foreigners may resort to diplomatic channels only in case of denial of justice. The fact that any executory judgment is un- favorable to the claimant shall not be considered as such denial. If, in contravention of this provision, they shall not amicably terminate the claims which they have raised, they shall forfeit the right to dwell in the country. Art. 16. Extradition for political crimes is prohibited, even though a common law crime arises therefrom. Treaties and the law shall specify the cases in which extradition may take place for grave common law crimes. 434 coNSTiTUTioisrs or the states at war. Art. 17. The law shall establish the cases and the manner in which foreigners may be refused admission to, or be .expelled from, the country. Title VII. — Citizens. Art. 18. All Nicaraguans who have reached the age of twenty-one years shall be citizens, as well as all those who have reached the age of eighteen who are married, or Avho are able to read and write. Art. 19. The following are the rights of citizens: 1. Suffrage. 2. To hold public office. 3. To have and bear arms ; all in accordance with the law. Art. 20. The rights of a citizen are suspended : 1. By a warrant for imprisonment or a declaration that there are grounds for indictment. 2. By a sentence involving disfranchisement of the exercise of political rights, during the term of the sentence. 3. By a sentence imposing a penalty greater than a correctional penalty, as long as rehabilitation has not been obtained. 4. By mental incapacity. 5. By being a fraudulent debtor. 6. By notoriously vicious conduct. 7. By ingratitude toward one's parents, or unrighteous aban- donment of Avife or minor legitimate children. A previous legal declaratory decree shall be necessary in case of the grounds set forth under Paragraphs 4, 5, 6 and 7. 8. By acting in Nicaragua in the employ of foreign (not Cen- tral American) nations without the permission of the legislative power. Art, 21. The right to vote is individual and can not be delegated. Art. 22. Suffrage shall be direct and public. Elections shall be held at the time and in the manner prescribed bj' law. Title VIII. — Eights and Guarantees. Art. 23. The inhabitants of the Republic, whether Nicaraguans or foreigners, shall be guaranteed indi^^idual safety, liberty, equality, and property rights. Art. 24. The death penalty shall be inflicted only for the crime of high treason committed in a foreign war in the face of the enemy, and for the atrocious crimes of assassination, parricide and arson or robbery, resulting in death, and under grave circumstances specified by the law. NICARAGUA. 435 Art. 25. The Constitution recognizes the guarantee of the haheas corpus. Consequently every inhabitant of the Republic has the right to the recourse of the exhibition of the person.^ Art. 26. A warrant of arrest, not issued from the competent authority or in accordance with the legal formalities, is illegal. Art. 27. Detention pending inquiry into common law offenses shall not exceed eight days, plus the time required to cover distance, for the purpose of placing the accused at the disposal of the com- petent judge. Art, 28. A criminal caught in fagrwute delicto may be appre- hended by any person in order to be delivered immediately to the authority having the powder to arrest. Art. 29. A warrant for imprisonment shall not be issued, unless there is ample evidence given beforehand that a punishable act deserving a penalty greater than a correctional penalty has been committed, and unless there is at least a grave presumption as to who is its author. Art. 30. Imprisonment or arrest as a penalty or as a means to en- force judicial orders is permissible in the cases and for the period jDrescribed by law. Art. 31. No person shall be tried by special commissions nor by judges other than by those designated by law prior to the commission of the deed giving rise to the action. Art. 32. No public authority shall be permitted to remove to an- other court cases pending before the competent authority, nor to re- open proceedings which have terminated. In criminal matters an appeal may be allowed for revision of finished cases in which a penalty greater than a correctional penalty has been imposed. The laws shall regulate the exercise of this right. Art, 33. In criminal matters the placing of a person under oath in regard to his own deeds is prohibited. Art. 34. No person may be deprived of the right of defense. Trials shall always be public. Art. 35. The infliction of perpetual or infamous penalties, whip- ping and all kinds of torture are prohibited. Art. 3G. Persons under arrest or imprisoned shall not be deprived of the right of communication except by virtue of a written order from the proper authority, and then for a period not to exceed three days, and onh^ for grave crimes. Art. 37. Nobody shall be kept prisoner or detained in any other place than the public ones intended for that purpose, unless the law 1 That is to say, the person of the prisoner, so that the reasons for his detention may be stated. 436 CONSTITUTIONS OF THE STATES AT WAK. SO permits and the guilty or detained party expressly consents thereto. Art. 38. The dwelling of every person shall constitute a safe and inviolable asylum to be forcibl}^ entered only by the authorities in the following cases : 1. In* the actual pursuit of a criminal or in order to take a criminal caught in flagrante delicto. 2. On demand from the inside of the house because a crime is being committed therein, or because of a scandalous disorder requir- ing prompt remedy. 3. In case of conflagration, earthquake, flood, epidemic or analo- gous events. 4. In order to remove objects sought by virtue of a process, there being at least partial proof beforehand of the existence of said objects, or in order to carry out a legally issued order of the court. 5. In order to liberate a person who is being unlawfully se- questered. 6. In order to apprehend a criminal against whom a warrant for arrest or imprisonment for crime has been issued, there being at least partial proof beforehand that he is hiding in the house to be entered. In the last three cases the forcible entry shall not be made without a written order from a competent authority. Art. 39. When the dwelling to be forcibly entered is not that of the criminal who is being pursued, the permission of the owner or occupant shall first be requested. Art. 40. In the cases in wdiich a written order from the authority is required, the house shall not be forcibly entered between the hours of 7 p. M. and 8 a. m. without the consent of the owner or occupant. Art. 41. Epistolary correspondence is inviolable. That which is purloined from postofRces or from any other place shall not be admissible as evidence against anyone. Art. 42. Private papers may be seized only by virtue of an order from a competent judge in the criminal or civil cases determined by law ; and they shall be examined in the presence of the owner or, in his absence, in that of two witnesses, and such papers as do not relate to the matter under investigation shall be returned. Art. 43. No one shall be molested or persecuted on account of his opinions. Private acts which do not disturb public order or are not contrary to morals and do not cause injury to third parties shall always be bej^ond the pale of the law. Art. 44. All persons may communicate their thoughts freely by word of mouth or in writing Avithout previous censorship, being liable according to law for any abuse of this freedom. NICARAGUA. 437 Akt. 45. The enactment of prose liptive, confiscatory or retroactive laws or laws imposing infamous punishment shall be prohibited. Art. 46. The right to reclaim confiscated property is impre- scriptible. Art. 47. Imprisonment for debts is prohibited. Art. 4S. Freedom of assembly Avithout arms and of associating for any lawful purpose is guaranteed. Art. 49. Entails are prohibited. Art 50. Every person has the right to address petitions to the legally constituted authority, and to have them decided upon and be informed of the decision reached in regard to them. Art. 51. Every person has the right to enter and leave the Repub- lic, and to remain Avithin its territorj' and to pass through it, in strict obedience to the laws. Art. 52. Every service which ought not to be rendered gratuitously according to law shall be fairly remunerated. Art. 53. The law does not recognize personal privileges. Art. 54. Every legally capacitated person is free to dispose of his property under any legal title, but in no case shall entails be established. Tn testamentary successions there shall be compulsory assignments onl}' in behalf of the descendants, ascendants and consorts, with the preference and limitations established by law\ Art. 55. Congress alone can negotiate loans or levy direct or in- direct taxes; and all authorities are prohibited from negotiating the former or levying the latter Avithout its authorization, save the ex- ceptions established by the Constitution. Art. 56. Proportionality shall be the basis for direct taxation. Art. 57. ^o one can be deprived of his property except by virtue of a judgment rendered b}^ a competent authority or by reason of public utility. The expropriation in the latter case must be spe- cifically prescribed by law- or by judgment based on the law, and shall not be carried out without previous indemnification. In case of domestic or foreign Avar it is not necessary that this in- demnification be previous. Art. 58. No person having the free right to administer his property shall be depriA^ed of the right to terminate his civil law suits by com- promise or arbitration. Art. 59. Every author, inventor, or OAvner of a trade-mark shall enjoy the exclusive OAvnership of his Avork or discovery or mark, and in the manner and during the time prescribed by laAv. Art. 60. No penalty greater than a correctional penalty shall be inflicted for common offenses Avithout a A^erdict first being rendered by a jury as to the guilt of the accused party. 438 CONSTITUTIONS or the states at war. Art. 61. Monopolies in the interest of private individuals are prohibited. Art. 62. The declaration of a state of siege may temporarily sus- pend the guarantees mentioned, except: 1. That w^hich establishes the inviolability of human life, with its exceptions. 2. That which prohibits trial by judges not designated by the law. 3. That which iDrohibits the infliction of infamous or perpetual penalties, whipping and any kind of torture. 4. That which prohibits the enactment of retroactive or con- fiscatory laws. 5. Those embodied in Articles 55 and 56. 6. The legal immunities of public officials. Art, 63. The laws regulating the exercise of constitutional guar- antees shall be void in so far as they may diminish, restrict or impair them. Art. 64. An official who without legal authority should restrict any of the guarantees contained in this title shall be liable for damages commensurate with the injury caused, without prejudice to other legal responsibilities. Title IX. — The Legislative Power. Art. 65. The legislative power is vested in a Congress composed of two houses : The Senate and the Chamber of Deputies. Art. 66. Congress shall assemble in the capital of the Republic on the fifteenth day of December of each year without the necessity of a call. It shall hold 45 regular sessions subject to extension to 15 more. Art. 67. It shall also hold extraordinary sessions when convoked by the executive ; and in this case it shall deal only with the matters submitted to it by the latter. Art. 68. Congress may also convene or continue its sessions in any other town of the Republic without a call by the executive, but in no case shall the legal quorum be supplied by uninstalled substitutes. Art. 69. The election of deputies shall be by popular suffrage, direct and public. The departments of the Republic shall be divided for this purpose into as many electoral districts as they contain multi- ples of 15,000 inhabitants, a district being adcledj for fractions over 8,000. Each district shall elect a sitting deputy and a substitute. The regions of Cape Gracias a Dios and San Juan del Norte shall each be considered as an electoral district. Art. to. Each department shall be entitled to elect one sitting and one substitute senator for every two deputies. Should the number NICARAGUA. 439 of deputies be an odd one, another sitting and another substitute senator shall be elected. Art. 71. The law shall make the necessary demarcations for the elections. Art. 72. Five days before the date set for Congress to convene, the deputies and senators shall assemble and form their respective pre- paratory caucuses; and in the presence of at least five members of each house they shall organize the directories and shall draw up the necessary regulations for the assembling of their members and the solemn installation of Congress. Art. 73. One half plus one of the senators and deputies shall be sufficient in each house for its legal installation. Art. 74. Deputies shall continue four years in the exercise of their office, and shall be renewed by halves every two years. Art. 75. Senators shall continue six years in the exercise of their office, and shall be renewed by thirds every two years. Art. 76. To be a deputy, it is required: to be a citizen in the exercise of his rights, of the secular estate and over 25 years of age. Art. 77. To be a senator, it is required: to be a citizen in the exercise of his rights, of the secular estate and over 40 years of age. Art. 78. The following shall not be eligible as members of the legislative power : 1. Persons who have held office by appointment of the executive within two montlis preceding the election. 2. The magistrates of the courts of justice and the officials under them. 3. Kelatives of the President of the Republic within the second degree of consanguinity or affinity. 4. Those who have managed or collected public funds while they have not cleared themselves in this respect. Art. 79. The representatives in Congress shall enjoy, from the date of their election, the following prerogatives: 1. Personal immunity from being accused or tried for official or common law crimes, unless Congress first declares that there are grounds for their indictment. 2. They shall not be subject to civil suit from thirty days before the regular sessions of Congress, or from the date of a decree calling an extra session, until fifteen days after the termination of either. If the suits are pending, the proceedings shall be suspended during the session. 3. They shall not be called into military service without their consent. 4. They shall not be banished from the Republic, confined or deprived of their liberty on any ground, even during a state of siege. 440 CONSTITUTIONS OF THE STATES AT WAK. imless Congress declares that there are grounds for their indict- ment. Art. 80. Members of Congress vasij accept offices from the execu- tive power during recess; but during sessions they may only accept the offices of secretary of State, diplomatic agent, or professor of education. In either case they shall forfeit their character of repre- sentative by the acceptance of any office, except the last two men- tioned. Art. 81. The executive shall give ah account to the respective houses, when they are in session, of all appointments he has made, in order that they may order the vacancies filled. During recess of Congress, it shall be the duty of the executive to order the vacancies filled. '■'' Art. 82. The houses shall open and close their sessions at the same time; and neither of them shall suspend or extend them for more than three days without the concurrence of the other. Title X. — Eights Common to the Chambers. Art. 83. It belongs to each of the houses, without the interference of the other : 1. To regulate the order of its sessions and everything relating to its internal management. 2. To pass upon the election and credentials of its members. 3. To compel their attendance. 4. To accept, by a two-thirds vote, the resignations of its mem- bers founded on duly verified legal grounds. 5. To order reelections in case of missing, deceased, resigned or incapacitated members. 6. To ask the executive for a statement of the receipts and ex- penditures of all or any of the accounts as well as for a detailed report on any branch of the administration. 7. To suggest a joint session to the other house. Title XI. — Attributions of Congress When in Joint Session. Art. 84. It belongs to Congress : 1. To regulate the order of its sessions. 2. To regulate the votes, to certify and declare the election of the President and Vice-President of the Republic, and to elect these officers in the cases provided by the Constitution. The President shall be that duly qualified citizen who receives the absolute majority of the votes of all qualified' voters. If no per- son receives such a majority. Congress shall elect the Pi'esident from among the two who have obtained the gTeatest number of votes, even though this number should be equal for both. The same rule shall be observed in the election of the Vice-President. NICAKAGUA. 441 Ties occnrrino; in the popular election or in that made by Con- gress shall be settled by lot, whenever this measure is necessary in order to apply the rules of the present article. 3. To elect each year tAvo Desipiates who. in the order of their election, shall exercise the Presidency of the Republic, Avhen there is an absolute or temporary default of the President and Vice- President. It is indispensable that the election of the Designates be limited to members of the national legislature who fulfill the conditions ref|uired for being President of the Republic. 4. To elect the magistrates of the Supreme Court of Justice and of the Courts of Appeal. 5. To act on the resignations of the President and Vice- President of the Republic and of the magistrates of the Courts of Justice. (1 To declare by a two-thirds vote when there are grounds for the impeachment of the President, Vice-President, senators, depu- ties, magistrates, secretaries of State and diplomatic agents of the Republic. 7. To extend for the executive the period established for the publication of laws and other provisions. S. To administer the constitutional oath to those public offi- cials whom it elects or declares elected. 9. To declare the preference, when the same person is elected as a member of diiferent branches of the supreme powers, in the fol- lowing order: 1. President of the Republic. 2. Vice-President of the Republic. 3. Senator. 4. Deputy. TiTL^: XII. — Attributions of Congress When in Separate Session, Art. 85. It belongs to Congress, when convened in separate ses- sion: 1. To enact, construe, revise and repeal laws. 2. To create and abolish offices, establish pensions, confer hon- ors and grant amnesties. 3. To take all suitable measures for the safety and defense of the Republic. 4. To change the residence of the supreme poAvers for grave causes. T). To decree prizes and grant temporary privileges to authors or inventors of things of general utility, and to persons who have introduced new^ industries or improved existing ones. 88381—19 29 442 CONSTITUTIONS OF THE STATES AT WAR. 6. To grant subventions or premiums on objects of public utility which contribute toward establishing new industries or promoting agriculture. 7. To approve or disapprove the conduct of the executive. 8. To approve, modify or reject the treaties concluded with foreign nations. 9. To regulate maritime and land commerce. 10. To approve or disapprove the accounts of public expendi- tures. 11. To fix the budget annually. 12. To determine the duties of the officials of the Republic and designate the territorial jurisdictions within which they are to act. 13. To levy taxes. 14. To decree the alienation or lease of national property and the application thereof to public uses, or to authorize the executive to do so on conditions suitable to the Republic. The public revenues or taxes shall not be alienated or leased out. 15. To authorize loans and to regulate the payment of the na- tional debt, or to determine the conditions on which the executive shall do so. 16. To open up ports, create, transfer or abolish custom-houses, or lay down the rules in accordance with which the executive may do so. IT. To fix the weight, fineness, value, type and denominations of national money, and to regulate the system of weights and measures. 18. To declare war and to conclude peace or authorize the executive to do so. 19. To fix the strength of land and naval forces at each regular session. 20. To permit or refuse the passage of troops of another country through the territory of the Republic, and to authorize the departure of national troops from Nicaragua. During a state of war, the exec- utive power shall have these attributions. 21. To declare a state of siege and even to suspend the consti- tutional order of things throughout the Republic, or any part thereof, when the public peace is threatened or in case of foreign aggression. Such a declaration or suspension shall last sixty days, at the most, according to circumstances, a new declaration by Con- gress being necessary to prolong it. 22. To confer the grades of general of brigade and of division. 23. To grant pardons or commutations of sentence at the in- stance of the executive power after receiving a detailed report from the Supreme Court of Justice. NICARAGUA. 443 24. To award prizes or rewards for eminent services. 25. To approve or disapprove the contracts concluded by the executive with private individuals or with companies, regarding loans, colonization, navigation and other works of general utility, provided they are permitted by the Constitution and involve tem- jDorary privileges or affect the property of the nation, or when money not appropriated in the budget is available. 26. To pei-mit the foundation of iiiontep'ioH^ and banks of issue. 27. To determine the coat of arms and the flag of the Republic. 28. To grant or refuse permission to Nicaraguans to accept otHces from foreign countries, when the duties thereof are to be dis- charged in Nicaragua. Art. 86. The legislative poAver can not supply or declare the civil status of persons, or confer academic or literary degrees. Art. 87. The powers of the legislative power can not be delegated, except the authorit}^ to legislate in the departments of Interior, Police, Charity and Public Instruction, which may be delegated to the executive power during the recass of Congress; and the powers relating to the administration of the constitutional oath to officials whom it elects or declares elected. Art. 88. In the measures and laws enacted by Congress, the fol- lowing formula shall be used : " The Senate and the Chamber of Deputies of the Eepublic of Nicaragua decree, resolve or declare: (here follows that which is decreed or resolved). Given in the Sessions Hall of Congress" (when in joint session), or of the house in which the measure originated (when in separate session), place and date. Then follow the signatures of the President and secretaries of Congress or of the house, as the case may be. Upon the measure being approved in the other house, the latter shall say : " To the Executive Power, the Chamber of the Senate or Chamber of Deputies " (as the case may be), setting down the proper place and date with the signatures of the presiding officer and secre- taries concerned. Art. 89. All motions of the legislative power shall be enacted in the form of law or resolutions. Art. 90. Every bill or resolution may originate in either of the houses, only measures relating to taxes or imposts being reserved to the Chamber of Deputies. Art. 91. Only the deputies and the senators in their respective houses, the ministers on behalf of the executive and the Supreme Court of Justice in matters pertaining to their branch have the right to recommend such bills, resolutions or declarations as they may deem convenient. ^ Public or private establishments intended to give aid to certain persons. 444 CONSTITUTIONS OF THE STATES AT WAR. Art. 92. When a bill is passed by one house, it shall go as an original measure to the other, which shall take it under consideration, and may pass it or not, or amend it. In the latter case, the bill shall be considered as originating in the house which revises it. Art. 93. No bill shall be finally passed until subjected to two deliberations on different days, except in case of urgency, as deter- mined by two thirds of the votes, when there shall be only one delib- eration. Art. 94. Every bill upon being passed by Congress in separate session shall be forwarded to the executive within three days at the latest after passage in order that he may give it his sanction and have it promulgated as a law within ten days. Art. 95. If the President, with the advice and consent of the Council of Ministers, should find objections to sanctioning the bill, he shall return it to Congress within five days, setting forth the reasons on which he bases his dissension. If he does not object to it within the period mentioned, it shall be considered as being sanc- tioned, and shall be published as a law. When the executive returns the bill. Congress shall subject it to a further deliberation in joint session, and if it is then ratified by two thirds of the votes, it shall be again forwarded to the executive with this formula : " Ratified con- stitutionally " ; whereupon the executive shall cause it to be published without delay. Art. 96. When Congress passes a bill during the last five days of its session, and the executive deems it inexpedient to sanction it, he shall immediately give notice to Congress in order that it may remain in session for ten days beginning from the date on Avhich the autograph was transmitted to him ; if he fails to do this, the law shall be considered sanctioned. Art. 97. When a bill has been rejected, it can not be brought for- ward again until the next legislature. Art. 98. The sanction of the executive is necessary in the follow- ing decrees and resolutions: 1. In elections made or declared by Congress and in resignations accepted or declined. 2. In regulations issued by Congress or by the houses for their internal government. 3. In resolutions for convening, for transferring its seat to an- other place, and for suspending or extending its sessions. 4. In the budgetary law. 5. In decrees relating to the conduct of the executive. 6. In declarations that there are grounds for impeachment. Art. 99. Whenever the purpose of a bill not emanating from the Supreme Court of Justice is to re^se or repeal provisions of the Civil Code, Penal Code, Code of Commerce, Mining Code or Code of NICARAGUA. 445 Procedure, it shall not be discussed without hearing the opinion of said Court. Avhich shall give it either during the same session or that of the next year, according to the extent, importance, or urgency of the bill. Art. 100. The formula which is to be used in publishing the laws is the following: "The President of the Republic to the inhabitants thereof, Know ye that Congress has ordained as follows (here the text and signatures). Therefore let it be enforced." Tttt.e XIII. — The Executive Power. Art. 101. The executive power shall be held by a citizen called the President of the Republic, in his default by the Vice-President, and in the default of the latter by one of the Designates according to their order. Art. 102. The President of the Republic, the Vice-President and the Designates must be citizens in the exercise of their rights, over 30 years of age, of the secular estate and natives of Nicaragua. Art. 103. The election of President and Vice-President of the Republic shall be by popular vote, direct and public. Art. 104. The term of office of the President and Vice-President of the Republic shall be four years, and shall begin on the first of January. Xo citizen who holds the office of President, either as the duly elected incumbent or accidentally, shall be eligible to the office of President or Vice-President for the next term. Art. 105. No person shall be elected President or Vice-President who is related by consanguinity or affinity in a direct line, or up to the fourth degree inclusive in a collateral line, with the President of the Republic or with the person holding the office of President during the last six months prior to the election. Art. 106. In case of the absolute or temporary default of the Presi- dent of the Republic, the executive power shall devolve upon the Vice-President, and in default of the latter upon one of the Desig- nates in the order of their election. In the latter case, should Con- gress be in session, it shall be its duty to authorize the entrustment of the office to the Representative whom it may designate, who must fulfill the requirements for President of the Republic. x\rt. 107. Until the person designated by law enters upon the office of President of the Republic, the executive power shall be exercised by the Minister of the Interior, who shall give up possession to the new official if Congress is not in session. Art. 108. The President shall not leave the country during the exercise of his functions without permission of Congress, nor shall he do so at the end of his teriji, if there are proceedings pending against him for official or common-law offenses. 446 CONSTITUTIONS OF THE STATES AT WAR. Title XIV. — Duties and Attribution s-^of the Executive Power. Art. 109. The President of the Eepublic is the Chief Magistrate of the nation and Commander-in-Chief of the land and naval forces. He has charge of the general administration of the country, which he shall carry on through the ministers or secretaries of State and the respective under-secretaries. Art. 110. The law shall determine the number of secretaries of State and the distribution of duties among them. Art. 111. The attributions of the executive power are as follows: 1. To defend the independence and the honor of the nation and the integrity of its territory. 2, To enforce and have enforced the Constitution and laws, issu- ing the necessary decrees and orders for the purpose, Mathout altering the spirit of the former. 3 To appoint secretaries and under-secretaries of State and the other executive officers. 4. To preserve the domestic peace and security of the Republic and repel all atta<;ks and aggressions from abroad. 5. To afford the functionaries of the judicial power such aid and force as they may need to make their decisions effective. 6. To remove the employees appointed by his own free will. T. To recommend to Congress, when required by the public welfare, amnesties, pardons or commutations of sentence of crim- inals, and to grant amnesties during the recess of Congress. 8. To call extra sessions of Congress, when the interests of the nation require. 9. To present to the legislative power through the secretaries of State within fifteen days from the date on which Congress convenes a detailed report on the administrative branches, an itemized account of the proceeds and expenditures of the revenues, and the budget of expenses for the ensuing year, pointing out improvements of which the legislation may be susceptible. 10. To conclude treaties and any other diplomatic negotiations, submitting the same to Congress for its ratification. 11. To direct foreign relations, to appoint consuls, agents or diplomatic ministers of the Republic, and to admit and receive those appointed by foreign nations. 12. To cause the revenues of the Eepublic to be collected and expended in accordance with the law. 13. To confer military grades in time of peace up to the rank of colonel, inclusive, and the higher grades up to general of division in the field ; and to recommend to Congress the conferring of these latter grades in time of peace. NICARAGUA. 447 14. To asseinble the military forces of land and sea, organize them and distribute them in accordance with the law and the needs of the Republic. 15. To grant letters of marque and reprisal, 16. To declare a state of siege and even suspend the constitu- tional order, during the recess of Congress, in the cases and under the conditions provided in Paragraph 21 of Article 85, IT. To grant naturalization papers, 18. To direct and encourage public instruction, to diffuse popu- lar education, and exercise supreme supervision over private institu- tions of learning. 19. To sanction laws, use the veto power in appropriate cases, and promulgate without delay all legislative measures which do not require the sanction of the executive. 20. To order the vacancies of deputies and senators filled, during the recess of the legislative power, within one month at the latest from the time they occur. 21. To publish monthly statements of the receipts and expendi- tures of the public revenues. 22. To watch over the legal exactness of money, and to decide what may be proper regarding the admission and circulation of foreign money. To see to the uniformity of weights and measures, and in general to exercise supreme police supervision, 23. To attend to the internal securit}^ and external defense of the country, 24. To conclude contracts for the purpose of supplying the needs of the administration and to submit to the ratification of Congress those which relate to loans, colonization, navigation and other works of utility, as well as those which involve temporary privileges or affect national property, or when money not appro- priated in the budget is available, 25. To declare war with the authorization of Congress and to conclude peace when the convenience of the nation requires. 26. To direct the operations of war as Commander-in-Chief of the national army and navy. When he wishes to place himself at the head of the army, he shall commit the office of President to the person who is to take his place in accordance with the Constitution, and he shall remain invested solely with the character of Commander- in-Chief and with the attributions of Commanding General. 27. To see that Congress convenes on the date set by the Con- stitution, taking the necessary measures for the purpose in due time. 28. To grant patents in order to guarantee for a certain period literary property and useful inventions applicable to new industries or to the improvement of those already existing. 448 CONSTITUTIONS OF THE STATES AT WAR. 29. To designate, during the recess of Congress, the place where the government authorities shall transfer their seat when serious reasons arise for taking this step. 30. To raise the necessary force in order to repel any invasion or to quell rebellions, and in these cases to decree taxes or loans and give an account to Congress at its next session. 31. To dispose the land and naval forces for the defense and security of the Republic in order to maintain order and tranquillity therein, and for any other purpose demanded by the public service. 32. To rehabilitate, in accordance with the law, those citizens who may be suspended in the exercise of their rights. 33. To take the necessary measures in order that the elections may be held at the time prescribed by law, and in order that the rules provided by the law may be observed. 34. To close or open ports during the recess of Congress. 35. To adopt regulations governing his attributions. 36. To adopt suitable measures for taking the census of the population and other branches of the national statistics, 37. To establish special rules for the temporary government of regions which are uninhabited or which are inhabited by uncivilized natives. 38. To determine the rules to which the occupation or aliena- tion of vacant public lands shall be subject, and to devote these lands to colonization and useful enterprises. 39. To suspend the execution of the death penalty whenever requested to take the initiative in commuting a sentence, being obliged to give an account to Congress at its next session. Art. 112. When the public tranquillity is threatened, the executive may issue warrants of arrest against persons presumed to be guilty, and examine them, placing them at the disposal of the competent judges within ten days; but if it is necessary in the opinion of the executive to confine in the interior or to expel from the Republic any persons suspected of conspiracy or treason, he shall decide on the proper steps to be taken in the Council of Ministers and with the votes of two sitting senators. If public order is disturbed, the concurrence of the senators shall not be indispensable. Art. 113. The President and his ministers and senators, as the case may be, shall be responsible for the measures adopted by them against the Constitution and the laws. In civil matters the responsi- bility shall be joint. Title XY. — Secretaries of State. Art. 114. The secretaries of State must be citizens in the exercise of their rights, natives of Nicaragua, of the secular estate and over 25 years of age. NICARAGUA. 449 All decrees, resolutions and orders of the President of the Republic must be authorized by the secretaries of State within their respective branches. Art. 115. The following persons can not be secretaries of State : 1. Contractors for public works or services on account of the nation. 2. Persons who as a result of their contracts have claims in their own interest against the public treasury. 3. Debtors of the public treasury. 4. Persons administering public funds, until their accounts are finally settled. 5. Relatives of the President of the Republic within the second degree of consanguinity or affinity. Art. 116. The secretaries of State may attend, without voting, the deliberations of the legislative power, and they shall be obliged to attend whenever called upon and answer inquiries made of them hj any representative in. regard to the affairs of the administration, except those relating to war and foreign relations, when secrecy is deemed necessary, unless the house decides to the contrary. Title XVI. — The Judicial Power. Art. 117. The judicial power of the Republic shall be exercised by a Supreme Court of Justice, by the Courts of Appeal, and by the judges and other employees which the law may establish. The Supreme Court shall reside at the capital, and shall be composed of five sitting magistrates. There shall be also two substitute magis- trates. There shall be three Courts of Appeal, one situated in the city of Granada, another at Leon, and the third at Bluefields. The first two shall be composed of six sitting magistrates, three for each of the two sections, civil and criminal; that of Bluefields shall have three sitting magistrates, and two substitute magistrates. The inferior judges shall be determined by statute. The magistrates of the Supreme Court and of the Courts of Appeal shall be appointed by Congress in joint session. The term of office of the former shall be six years, and that of the latter four years. Congress may create other Courts of Appeal. Art. 118. The magistrates must be citizens in the exercise of their rights, of the secular estate, lawyers and over 30 years of age. Art. 119. Persons connected by relationship of consanguinity within the fourth degree, or of affinity within the second degree, can not be magistrates or judges in the same court. 450 COlifSTITUTIONS OF THE STATES AT WAR. If two or more persons related within these degrees are elected, the person receiving the highest number of votes shall be preferred, and in case of a tie, the senior lawyer. The election of the others shall be made over again. Art. 120. The law shall regailate the organization of the judicial power and the administration of justice. Art. 121. The right to judge and carry out judgments belongs to the courts and the other tribunals of justice. Art. 122, The tribunals and judges of the Eepublic shall prefer- ably apply: 1. The Constitution and constitutive laws. 2. The laws and legislative decrees. 3. The executive decrees and resolutions. In no case shall they apply provisions or revisions made by virtue of an official communication. Art. 123. The Supreme Court of Justice shall furthermore exer- cise the following attributions: 1. To adopt its internal rules. 2. To take exclusive cognizance of official and common offenses committed by the high officials, when Congress has declared that there are grounds for their impeachment. 3. To authorize lawyers, court clerks, or notaries who have been admitted within or outside the Republic to the practice of their profession, and to suspend and reinstate them in accordance with the law. 4. To take cognizance of appeals against the resolutions of the Court of Accounts. 5. To take cognizance of appeals for review and for asylum in the cases provided by law. 6. To take cognizance of maritime prize cases, and of the other matters referred to it by law, 7. To appoint inferior judges, forensic physicians and registrars of the property in accordance with the law. 8. To accept the resignations of the employees appointed by it, and even to remove them before the expiration of their term of office, with or without stating grounds for doing so, it being necessary in the latter case that the resolution be adopted unanimously. 9. To decide the protests made against ordinances issued by municipalities and other local administrative corporations, when contrary to the Constitution and the laws. Art. 124. Any person injured in his rights by the application of a law in a particular case may challenge the constitutionality thereof directly before the Supreme Court of Justice, provided the law relates to matters not triable before the courts of justice. NICAKAGUA. 451 Art. 125, The aclniinistration of justice in the Republic shall be gratuitous. • Ai{T. 126. Members of courts of justice shall not hold any office filled by popular election, or carrying with it additional jurisdiction. Art. 127. Courts of justice may demand the aid of the armed forces for the execution of their decisions and if the armed forces are refused them, or are unavailable, they may demand such aid from the citizens. Any official or citizen who unduly refuses to render that aid shall incur liability. Art. 128. In no case shall there be more than three instances, and the same judges shall not officiate in more than one thereof. Art. 129. In civil matters, the jury may be called upon to pass on the facts when so requested by the parties, and in this case the judge shall merely apply the law. Art. 130. The magistrates of the courts of justice shall enjoy the same immunities and prerogatives as the representatives in Con- gress, except the exemption from civil suit. Art. 131. The magistrates of the Supreme Court of Justice may, with a voice but without a vote, attend the deliberations of either of the legislative houses, or of both in joint session, whenever they relate to matters originating in said court or to those dealt with in Article 99. Title XVII.— The Budget. Art. 132. The budget shall be passed by Congress in view of the recommendations of the executive and judicial powers, within their respective spheres. Art. 138. The budget bill shall be presented by the Minister of the Treasury fifteen clays at the latest after Congress convenes. Art. 134. All expenditures made outside of the budget are unlaw- ful, and the official ordering them and the disbursing officer shall be jointly responsible for the amount expended, without prejudice to whatever penalties may be incurred according to law. Art. 135. The treasurj^ of the nation shall comprise: 1. All its real and movable property. 2. All outstanding credits. 3. All duties, imposts and taxes paid into the treasury by the in- habitants of the Eepublic. Art. 136. For the administration of the public revenues, there shall be a general office for collection and disbursement as well as such other offices as may be necessary. Art. 137. In order to hold the office of Treasurer General, it shall be necessary to be over 30 years of age, a citizen in the exercise of his rights, and of well-known good conduct, and not be a creditor or debtor to the public treasury or have accounts pending therein. 452 CONSTITUTIONS OF THE STATES AT WA^. Art. 138. For the purpose of exercising the supervision of the National treasury, there shall be a Court of Accounts, which shall be in charge of examining and finally settling the accounts kept by offi- cers administering public interests. The members of this Court must fulfill the same requirements as the Treasurer General, but all employees except the president may be appointed when they are over 25 years of age. Their number, organ- ization and attributions shall be determined by the law, and their appointments as well as that of the Treasurer General belong to the executive power. Art. 139. No public authority, official or corporation can con- clude contracts in which property or funds belonging to the nation or to local boards are involved for any purpose, without previously calling for bids and publishing proposals made. Cases are excepted in which, owing to the nature of the contracts, these must be con- cluded with certain individuals, or in which, owing to the small amount involved, it is not necessary to call for bids. The law shall regulate this matter. Title XVIIL— The Army. Art. 140. The public forces are established for the sake of assur- ing the rights of the nation, the enforcement of law and the main- tenance of public order. Art. 141. The discipline of the army shall be regulated by military laws and ordinances, No armed body shall be allowed to deliberate or to exercise the right of petition. Soldiers in actual service shall not be permitted to hold offices filled by popular election. Art. 142. Military service is compulsory, but in time of peace this duty may be discharged through substitutes. Every male Nica- raguan from 18 to 45 years of age is a soldier in the army. The law shall provide for the proper organization, and specify the grounds for exemption from service. Ministers of any form of religious worship shall render service in the &.rmj only as chaplains or in the ambulance service. Art. 143. There shall be no attractive jurisdiction, and military persons in actual service shall be subject to military jurisdiction for purely military offenses. Title XIX. — Departmental Government. Art. 144. For purposes of political administration, the territory of the Eepublic shall be divided into departments, and there may be districts, the number and boundaries of which shall be fixed by law. NICARAGUA. 453 Title XX. — Municipal Government. Art. 145. The local government of the towns shall be in charge of municipalities elected by the popular, public and direct vote of the citizens of the respective towns in accordance with the hnv. Art. 146. The number of members of the municipalities shall be determined by law, taking into account the nimiber of inhabitants of each town. Art. 147. The attributions of the municipalities shall be purely economic and administrative. They shall be determined by law. as shall also the requirements laid down in order to become a member thereof. Art. 148. Municipalities may freely levy local taxes in accordance with the Constitution and the general laws, submitting them to the approval of "the executive when they affect solely the interests of the respective town or of the department to which it belongs, and to the legislative power when they impose burdens on one or more other departments, even though indirectly. Art. 149. Municipalities shall administer the funds of the com- munity for the benefit of the latter, rendering an account to the supe- rior authority established by law, and they shall publish annually a detailed report of the receipts and expenditures of their funds. Art. 150. In the exercise of their exclusive functions, they shall be independent of the other authorities, but in no case shall they act against the general laws of the country; and they shall be responsible collectively and individually before the courts of justice for any abuses they may commit. Art. 151. Municipalities shall appoint their ow^n officials, and they nuiy also appoint local police agents for purposes of order, security, sanitation, comfort, improvement and recreation, and they may enact regulations on this subject, subject to the general laws. Art. 152. The members of the municipalities shall not be obliged to discharge any other duties, not even military service in time of war. Art. 153. Municipal resolutions having the character of local laws shall be submitted for the approval of the executive. Title XXI. — The Responsibility or Public Officials. Art. 154. Every public official upon assuming office shall take an oath to observe and cause to be observed the Constitution and the law^s. and shall be responsible for his acts. Art. 155. The President of the Eepublic, senators, deputies, magis- trates of the courts of justice, secretaries and under-secretaries of State and ministers and diplomatic agents shall be responsible before Congress for common offenses and for official offenses which they 454 GONSTITUTIOl^S OF THE STATES AT WAR. may commit in the exercise of their functions, for the purpose of declaring whether or not there are grounds for their indictment and placing the culprit at the disposal of the competent court. Art. 156. Once a ju:dgment has been pronounced declaring a persoi. guilty of an official offense, the guilty party can not be granted a pardon. Art. 15T. Notwithstanding the approval which Congress may gi ve to the conduct of the executive, the President and the secretaries of State may be indicted for official offenses up to five years after they have ceased in the exercise of their office. Art. 158. When it has been declared that there are grounds for the indictment of a public official in the full exercise of his duties, and the latter has been freed of the charge, he shall resume the discharge of his duties. Title XXII. — Constitutive Laws. Art. 159. The following laws are constitutive : the press law, the martial law and the law of asylum {amparo). Title XXIIL- — The Reform of the Constitution and of Consti- tutive Laws. Art. 160. Whenever a partial reform of the Constitution or con- stitutive laws is deemed appropriate, this may be done, observing the following rules: 1. The bill shall be presented by two or more members of the houses and read twice, with an interval of four days. 2. Upon being taken up for debate, it shall be referred to a committee which shall present its report thereon within six days. 3. The report shall be read twice, on different days. 4. When the revised law has been approved by two thirds of the votes in each one of the houses, it shall be published by the press. 5. The reform shall be without legal effect until it has received the approval of two thirds of the votes in the next legislature, after a lapse of two years, in compliance with the usual procedure. Art. 161. The reform of the articles of the Constitution which forbid the reelection of the person who exercises the Presidency of the Republic shall not be effective during the period in which said reform is made, nor in the following one. Art. 162. Treaties or compacts referred to in the last part of Article 2 shall be ratified by a two thirds vote of each house, and by this act the Constitution shall be considered as amended, not- withstanding the provisions of this title. Art. 163. An absolute constitutional reform may not be made until after a lapse of ten years, and for this purpose the regulations NICARAGUA. 455 of Article 160 shall be observed. A declaration to this effect having been made, a Constituent Assembly shall be convened. Art. 164. The ordinary Congress, upon declaring that the Consti- tution should be entirely reformed, shall close its sessions and become ipso facto dissolved. Title XXIV. — General Provisions. Art. 165. The present Constitution supersedes that of 30 March 1905 and the Law of Guarantees of 15 September 1910 ; moreover it declares the Constitution signed on 4 April of the present year by the previous Constituent Assembly to be null and void. Art. 166. Until revised or repealed other laws shall remain in force, provided they are not contrary to the provisions of this Constitution. Art. 167. The present Constitution shall go into force on 1 March 1912, -""^ Title XXY. — Transitory Provisions. Art. 168. Pending the convening of the first Constitutional Con- gress elected in the manner and at the time established by the elec- toral law decreed by the present Constituent Assembly, the latter shall continue to discharge its duties and those which belong to the ordinary Congress in accordance with the Constitution. For this purpose it can suspend its sessions and reopen them when- ever it deems it proper.^ Art. 169. The renewal of the deputies during the first biennial period shall be made by lot, as shall also be that of the senators during the first and the second biennial periods. Art. 170. The decrees of the present Constituent Assembly in re- gard to the appointments of President and of Vice-President of the Republic and magistrates of the courts of justice shall remain in full force and effect for the time which they respectively comprise.^ Art. 171. The decrees of 18 May, 15 July and 14 October last regarding the creation, attributions and powers of the Mixed Com- mission shall likewise remain in full force and effect, notwithstand- ing the provisions of this Constitution. The present National Con- stituent Assembly shall without any restriction enact such reform- atory and supplementary laws and provisions as may be conducive to the objects stated in such decrees. Art. 172. As soon as the Constitution is promulgated, all public employees shall take the oath in legal form to strictly and faith- fully observe all its provisions.- 1 This article has been declared ineffective by decree of the National Constituent V Assembly of 4 April 1913. A 2 Here follow the signatures of 40 deputies and the presidential decree of promulga-f ^ tion. PANAMA. After having constituted part of Colombia as a State, then (sijnce 1886) as a simple province, the territory of Panama became inde- pendent during the civil Avar of 1898-1902. This independence has not been formally recognized by Colombia, although an attempt in this direction was made in the treaty which it concluded with the State of Panama and the United States in January, 1909.^ By a treaty concluded 18 November 1903,- the State of Panama ceded to the United States, in consideration of a sum of $10,000,000 and an annual rent of $250,000 a zone of territory necessary for the construction of the Panama Canal. The Constitution of the new State bears date of 13 P'ebruary 190-1:; it was sanctioned the fifteenth of the same month by the junta of the provisional government. A legislative decree of G June 1904 modified Article 73, No. 18 (pardoning power). The electoral law (No. 89) dates from 7 July 1904.^ CONSTITUTION OF 13 FEBRUARY 1904.^ [Preamble.] "We, the representatives of the people of Panama, assembled in National Convention for the purpose of constituting the nation, maintaining order, guaranteeing justice, promoting the general wel- fare and securing the benefits of liberty for ourselves, our posterity and all men v.^ho may inhabit the Panaman soil, invoking the protec- tion of God, do ordain, decree and establish for the Panaman nation the following Constitution. Title I. — The Nation and Its Territory. Article 1. The Panaman people hereby constitute themselves an independent and sovereign nation, ruled by a republican and demo- 1 English text of the three treaties in Papers relating to the Foreign Relations of the United States, 1909 (Washington, 1914), pp. 223-233. These treaties being of a tripartite nature are non-operative owing to the failure of Colombia to ratify them. 2 English text in Papers relating to the Foreign Relations of the United States, 190^ Washington, 190.')), pp. 543-551, and British and Foreign State Papers, 96: pp. 553-561. ' This introductory paragraph is based upon F. R. Dareste et P. Dareste, Les Con- stitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 567-568. * Spanish text and English translation in parallel columns in J. I. Rodriguez, American Constitutions (Washington, 1906), vol. i, pp. 392-422. English translation also in the British and Foreign States Papers, 98 : pp. 950-970, and Papers relating to the Foreign Relations of the United States, 1901, (Washington, 1905), pp. 562-58^. The translation given here is based upon the one in Rodeiglez. •S8381— 19 30 457 '»^»A. " 458 coisrsTiTUTio3srs of the states at war. cratic government, under the denomination of the Republic of Panama. Art. 2. The sovereignty resides in the nation, which shall exer- cise it through its representatives in the manner established by this Constitution and under the conditions therein expressed. Art. 3. The territory of the Republic is the same which, under the Act of 27 February 1855, additional to the Granada Constitution of 1853, formed the State of Panama, and became afterwards, in 1886, the Department of Panama, with its islands, and the conti- nental and insular territory which was awarded to the Republic of Colombia by the President of the French Republic on 11 September 1900.^ The territory of the Republic remains subject to the jurisdic- tional restrictions stipulated or which may be stipulated in public treaties with the United States of North America for the construc- tion, maintenance or sanitation of any route of interoceanic transit. The boundaries with the Republic of Colombia shall be determined by public treaties. Art. 4. The territory of the Republic is divided into the provinces of Bocas del Toro, Code, Colon, Chiriqui, Los Santos, Panama and Veraguas. The provinces are divided into municipalities. The National Assembly may increase or decrease the number of the former and of the latter, or change their boundaries. Art. 5. The territory, together with the public property forming a part thereof, belongs to the nation. Title II. — Nationality and Citizenship. Art. 6. The following are Panamans: 1. All those born or who may be born in the territory of Pan,ama, whatever the nationality of their fathers may be. 2. Children of Panaman father or mother, born in another terri- tory, if they take up their domicile in the Republic and express their intention to become Panamans. 3. Foreigners, who have resided for over ten years in the Republic, professing some science, art or industry, or owning some real estate, or capital in circulation, if they declare, before the Panaman munici- pal authority of the territory in which they reside, their intention of being naturalized in Panama. Six years residence will suffice if they are married and have a family in Panama, and three years if they are married to a Panaman woman. 4. Colombians who, having taken part in the movement for the independence of the Republic of Panama, declare or have declared, before the municipal council of the district in which they reside, their intention to become Panamans. 1 French text in the British and Foreign State Papers, 92 : pp. 1038-1040. PANAMA. 459 Art. T. Pananiaii nationality is lost : 1. By taking out naturalization papers in a foreign country and acquii'ing a doniicile therein. 2. By accepting employment or honors from another government without the permission of the President of the Repuhlic. 3. By refusing to indorse the movement for the independence of the nation, if the one who does so was born in Panama. 4. By engaging in the service of a hostile nation. Nationality can only be recovered through rehabilitation by the National Assembly. Akt. 8. It is the duty of all Panamans to serve the nation as may be provided by law, and they as well as all foreigners residing within the territory of the Republic must submit to the Constitution and the laws, and res]iect and obey the authorities. Art. 9. Foreigners shall enjoy in Panama the same rights as are granted to Panamans by the laws of the nation to which the foreign- ers belong, unless something to the contrary has been stipulated in puldic treaties, or. in the absence thereof, by the provisions of the law. Art. 10. Naturalized or domiciled foreigners shall not be bound to take up arms against the land of their birth. Art. 11. All Panamans over 21 3'ears of age are citizens of the Republic. Art. 12. Citizenship consists in the right of voting in the elections of public officers and in the capacity to hold public offices with au- thority and jurisdiction. Art. 13. Citizenship, once acquired, is only lost : 1. As a penalty in accordance with the law, but rehabilitation may be obtained through the National Assembly. 2. By loss of the Panaman nationality, according to the national Constitution. Art. 14. Citizenship is suspended: 1. By criminal prosecution, as soon as the arrest of a citizen is ordered by the court. 2. By legal inability to freely administer property. 3. By habitual drunkenness. Title III. — Individual Rights. Art. 15. The authorities of the Republic are constituted for the protection of all persons, whether residents or visitors, in their lives, honor and property, for the securing of reciprocal respect of all natural, constitutional and legal rights, and for the prevention and punishment of crime. Art. 16. Panamans and foreigners are equal before the law. There shall be no exemptions or personal privileges. 460 CONSTITUTIONS OF THE STATES AT WAR. Art. it. Every person has the right to present respectful petitions to the authorities, on matters of public or private interest, and to re- ceive a prompt reply. Art. 18. Public corporations legally authorized have the right to be recognized as juridical persons, and to perform, as such, civil acts and enjoy the guarantees set forth in this title, with the general limitations established by the laws for reasons of general welfare. Art. 19. There shall be no slaves in Panama. He who being a slave, sets foot in the territory of the Republic, shall be free. Art. 20. All the inhabitants of the Republic have the right to assemble peacefullj' and unarmed, and to form associations for all the legitimate purposes of life. Art. 21. Every person shall be free to travel within the bound- aries of the Republic and change residence, without the necessity of a permit, passport or other similar requisite, with the exceptions which the laws provide concerning the giving of security in land in judicial cases and concerning immigration. Art. 22. No one shall be tried or sentenced except by competent judges or courts, by virtue of the laws existing prior to the com- mission of the offense, and in the form established by these laws. Officials who exercise authority or jurisdiction may punish, never- theless, for contempt, without previous trial, any one who may be insulting or disrespectful to them while discharging their duties; and military commanders and captains of vessels may inflict ■ sum- mary punishment in order to check insubordination, maintain order or repress crimes committed on board and away from port. Art. 23. No one shall be molested in his person or family, or be placed in prison or under arrest, or detained, or have his home searched, except by virtue of a w^arrant issued by competent au- thority, with the legal formalities and for reasons previously set forth in the laws. In no case shall there be detention, imprisonment, or arrest for debts or purely civil obligations, unless it is by judicial order for failure to give bond when required by law. Offenders caught in -flagrante delicto may be arrested and taken before the judge by any person whatever. Art. 24. All persons detained or imprisoned Avithout the legal formalities, or in violation of the Constitution or the laws, shall be set at liberty upon their oAvn request or that of any other person. The law shall determine the form of this summary proceeding. Art. 25. No one is bound to testify in criminal matters against himself, or against his consort, or against any member of his family within the fourth degree of consanguinity or the second of affinity. - Art. 26. The profession of all religions is free, as is also the prac- tice of all forms of worship, without any other restriction than PANAMA. 461 respect for Christian morality and public order. It is recognized, liowever, that the Catholic religion is that of the majority of the inhabitants of the Kepublic, and the law shall provide that it be aided in founding a theological seminary in the capital and in send- ing missions to the native tribes. Art. 27. Every one may freely express his opinions, either orally or in writing, through the press, or in any other way, without being subject to censorship, when referring to official acts of public func-A''. tionaries. Legal responsibility shall, however, be incurred when the honor of persons is assailed by any of these means. Art. 28. Correspondence and other private documents are in- violable, and neither the former nor the latter shall be seized or examined, except by order of competent judicial authority and with the formalities prescribed by law. In all cases secrecy shall be main- tained with regard to matters having no bearing on the object of the seizure or examination. Art. 29. All persons are free to engage in any honorable trade or occupation without necessity of belonging to guilds or professional V^ associations. ^ , The authorities shall exercise supervision over the industries and professions in so far as they may affect public morality, safety and health. The proper diploma shall be required for the practice of medical professions and their auxiliary branches. Art. 30. Obligations of a civil character arising out of contracts or of acts, facts, or omissions capable to produce them shall not be impaired or annulled by either the executive or the legislative power. Art. 31. The laws shall determine everything relating to the civil status of persons, and the rights and duties arising out of it. Art. 82. Laws shall not have retroactive effect. In criminal matters, however, a permissive or favorable law shall be applied in preference to a restrictive or unfavorable one, even if it be subsequent. Art. 33. Eights acquired in accordance with the laws shall not be encroached upon or disregarded by subsequent laws. When the application of a law enacted for reasons of public utility results in the conflict of the rights of private persons with the recog- nized necessity of the said law, the private interests shall yield to the public interests. Expropriations Avhich may be considered necessary, however, shall require full and previous indemnification. Art. 3-4. Donations, inter vivos or testamentary, made in conform- ity with the laws, for purposes of charity or public instruction, shall not be changed or modified by legislation. Art. 35. Private persons are not responsible before the authorities except for violation of the Constitution or of the laws. Public offi- 462 CONSTITUTIONS OF THE STATES AT WAK. cials are responsible for the same cause, and also for exceeding their authority, or for dereliction in the performance of their duties. Art. 36. In case of flagrant violation of a constitutional provision to the detriment of any person, an order from a superior will not exempt from responsibility the agent executing it. Private soldiers, while on duty, are expected from this provision, the responsibility falling solely, in this case, upon the superior who gives the order. Art. 37. Games of lot and chance shall not be permitted in the terri- tory of the Republic. The law shall enumerate the games prohibited. Art. 38. There shall be no official monopolies. Art. 39. There shall be no entailment of real estate, nor irredeem- able obligations. Art. 40. Every author or inventor shall enjoy the exclusive owner- ship of his work or invention during the time and in the manner pre- scribed by law. Art. 41. No one is obliged to pay a tax or duty which has not been legally established and which is not collected in the manner pre- scribed by the laws. Art. 42. No one shall be deprived of his property, either in whole or in part, except as a penalty or by general taxation according to the laws. For grave reasons of public utility, defined by law, condemnation of private property or of rights may be made by judicial order^ but the payment of the declared value shall be made before the owner is dispossessed of them. Art. 43. Buildings devoted to any form of worship, theological seminaries and the residences of bishops and parish priests shall not be subject to taxation, and shall only be occupied in case of urgent public necessity. .Art. 44. In no case shall the penalty of confiscation of property be established by law. Art. 45. Prisons are places of security and expiation and not of cruel punishment; consequently, all severity which is not necessary for the custody and correction of the prisoners is forbidden. Art. 46. The laws shall fix the degree of responsibility which pub- lic officials of any class incur by encroaching on the rights guaranteed by the provisions of this title. Ar.t. 47. The individual rights recognized and guaranteed in Arti- ^cles 21, 23, 24, 27, 28 and 42 may be temporarily suspended in all or in part of the Republic, when the safety of the State shall require it, in case of foreign war or internal commotion threatening the public peace. This suspension shall be decreed by the National Assembly, if it is i^ session; if it is not in session and the danger is imminent, the I\ PANAMA. 463 President of the Republic may order the suspension bj^ means of a decree signed by all his secretaries. In this case, the President, in (he same decree of suspension, shall convene the National Assembly in order to explain to it the reasons upon which the decree was based. Art. 48. The National Assembly is prohibited from enacting laws which may diminish, restrict or impair am^ of the individual rights mentioned in the present title, without a previous amendment to the Con«;titution, except in the cases provided for by the latter. Title IV. — Suffuage. Art. 49. All citizens over 21 years of age are entitled to the exercise of suffrage, except those w^ho may be under a judicial interdiction' -i; / and those who are judicially disfranchised on account of crime. i ^ ' The law may provide that certain elections be held in two gradesj^^C^^ and. in this case, it shall determine the qualifications of the elector^ of the second grade. The election of the President and A^iee-PirsidoRt of the Republi(| shall always be made by the direct \ ote of the citizens.^ ^ Art. 50. The laws shall fix the degree of responsibility incurred by public officials wh/:». by their acts, encroach on the rights recog- nized in this title. Title V. — The Public Powers. Art. 51. The government of the Republic is divided into three ]30wers. namely : Legislative, executive and judicial. Art. 52. All the public powers are limited and exercise their re- spective attributions separately. Title VI. — The Legislative Power. Art. 53. The legislative power is exercised by a body called the ; National Assembly, composed of as many deputies as correspond to the electoral districts, at the rate of one for every 10.000 inhabitants and one in addition for a fraction of not less than 5,000, elected for a period of four years. There shall be substitutes to take the places of the regular incum- bents in case they fail to appear absolutely or temporarily. Art. 54. The National Assembly shall meet, without the necessity of a call, in the capital of the Republic, every two years, on the first day of September. Art. 55. The duration of the regular sessions of the National Assembly shall be ninety days, which, in case of necessity, the As- 1 This paragraph was added by Article 4 of the Legislative Act of 14 March 1917 (below, p. 478). 464 CONSTITUTIONS OF THE STATES AT WAR. sembly itself shall extend for as much as thirty days. The President of the Eepublic may call an extra session for such period as he may indicate and to deal exclusively with such matters as he may submit to it. Art. 56. To be a deputy to the National Assembly, it is required to be a citizen in the exercise of his rights and to have attained the age of 25 years. Aet. 57. The members of the National Assembly shall not be responsible for their opinions or votes, given orally or in writing, in the discharge of their duties, and at no time or by any authority shall they be prosecuted on this account. Art. 58. The President of the Eepublic, the secretaries of State, the magistrates of the Supreme Court of Justice and the Attorney-Gen- eral of the nation shall not be elected deputies to the Assembly\uiless SIX months after they have ceased to exercise their functions. Citi- zens who have exercised the executive power shall be affected by the same disability. Art. 59. In like manner no other official shall be eligible as a dep- uty to the Assembly who is vested with jurisdiction or command in an electoral district and has exercised his authority therein ninety days before the day of election. Art. 60. For twenty days before the opening of the sessions, dur- ing the said sessions and for twenty days thereafter, no member of the National Assembly shall be subject to criminal trial without the assent of the Assembly. In cases of fiagrcmte delicto^ the culprit may be arrested and im- mediately placed at the disposal of the said body. Members shall likewise be free from civil actions during the same period. Art. 61. No increase of per diem or mileage allowances shall be- come effective until after the term of the members of the Assembly which voted the said increase shall have expired. Art. 62. The deputies of the Assembly shall not enter, directly or indirectly, into any contract with the administration, nor shall they accept from any one powers of attorney to transact business con- nected with the government. Art. 63. In cases of temporary or permanent absence of a member of the National Assembly, his place shall be filled by the legal sub- stitute. When any deputy withdraws from the sessions, or is replaced by a substitute, the former shall be entitled to the mileage of the, journey to the capital and the latter to that of the return to his own domicile. Art. 64. The President of the Eepublic shall not confer on the deputies of the Assembly other offices than those of secretary of State, governor of a province, or diplomatic or consular agent. PANAMA. 465 The acceptance of any one of those offices shall cause the deputy to lose his seat. Art. 65. The legislative functions of the National Assembly are : 1. To issue national codes and the laws necessary for the admin- istration of the government in all its branches, and to revise or re- peal them. 2. To determine the flag and the coat-of-arms of the Republic. 3. To create or abolish offices, and specify their functions, duties and attributions ; to fix the terms of office and to designate salaries. 4. To grant or refuse its approval to public treaties negotiated by the executive power: without such approval they can neither be ratified nor exchanged. 5. To approve or disapprove contracts or agreements made by the President of the Eepublic with private persons, companies or political entities, in which the nation may be interested, if they have not been previously authorized, or if the formalities prescribed by the National Assembly have not been observed, or if any of the stipulations therein contained are not in accordance with the law authorizing them. 6. To grant authority to the executive power to conclude treaties, negotiate loans, alienate national property and exercise other func- tions within the limits of the Constitution. 7. To declare war, and to authorize the executive power to make peace. 8. To designate the place where the supreme branches of the public powers must be located. 9. To divide the territory of the Republic into electoral districts. 10. To define or regulate the appropriation or adjudication of public lands. 11. To fix the strength of the standing army in time of peace. 12. To organize the national police. 13. To promote and encourage public education, sciences and arts. 14. To decree the construction of public buildings which may be necessary for the State, and of all other public works which are to be undertaken at national expense. 15. To promote and subsidize useful or beneficial enterprises worthy of furtherance and support. 16. To enact such laws as shall be proper for taking the census of the population and gathering national statistics. 17. To gi'ant amnesties, but if any civil liability is incurred with respect to private persons, the Republic shall be obliged to pay the indemnities. 18. To organize the public credit. 466 CONSTITUTIOlSrS OF THE STATES AT WAK. 19. To acknowledge the national debt and regulate the service thereof. 20. To make appropriations for the expenses of the administra- tion, upon examination of the estimates presented by the executive power, which may or may not be approved. If for any reason whatever the appropriation bill is not passed by the National Assemblj^, the act of the preceding year shall continue in force. 21. To create such imposts, taxes and revenues as may be neces- sary to carr}^ on the public service. 22. To decree the alienation of national property or its applica- tion to public uses. 23. To determine the fineness, weight, value, form, type, and denominations of the national coins, and to regulate the system of weights and measures. 24. To increase or diminish the number of provinces and munici- pal districts, and to change their boundaries. 25. To frame regulations for its internal administration. Art. 66. The judicial functions of the National Assembly are: 1. To take cognizance of charges and complaints made against the President of the Republic or the person in charge of the executive power, in cases involving their responsibility, the secretaries of State, the magistrates of the Supreme Court of Justice and the Attorney- General of the nation. 2. To try the President of the Republic or the person in charge of the executive power, in accordance with this Constitution ; the secre- taries of State, the magistrates of the Supreme Court of Justice and the Attorney- General of the nation, when charged with offenses com- mitted in the performance of their functions, against the safety of the State, the free operation of the public powers or in violation of the national Constitution and laws. The procedure to be followed in such cases and the penalties to be imposed shall be determined by law. Art. 67. The executive functions of the National Assembly are: 1. To inspect the credentials of its own members and to decide whether or not the said credentials are in the form prescribed by law. 2. To rehabilitate those who have lost citizenship. 3. To accept or refuse to accept the resignations of the President of the Republic or the Designates {Designados). When, for any reason, the National Assembly fails to elect Des- ignates, those formerly elected shall continue as such in their order. 1 Practically repealed by Article 9 of the Legislative Act of 14 March 1917 (below, p. 479). This clause originally read as follows: "To elect at the ordinary session, and for a term of two years, three Designates, who, in the absence of the President of the Republic and in the order of their election, shall exercise the executive power." PANAMA. 467 5. To appoint the judges of the Court of Accounts, 6. To appoint a fiscal inspector of all the treasury offices of the Republic. 7. To appoint commissions for the demarcation of the boundaries of the nation. 8. To call upon the secretaries of State for such oral or written reports as it may need. 9. To examine and finally approve at each ordinary session the general account of the treasury submitted by the executive power. 10. To grant leaves of absence to the President of the Republic or to the person in charge of the executive power. 11. To permit or refuse the sojourning of foreign war- vessels in the ports of the Republic when the stay is longer than two months. Art. 68. The National Assembly is forbidden : 1. To allow by decree gratuities, indemnities, pensions or other expenditures not intended for the settlement of debts or rights recog- nized in accordance with the existing law, except as provided in Article 65. 2. To pass acts of proscription or persecution against persons or •jorporations. 3. To pass resolutions of approval or censure of official acts. 4. To make suggestions to public officers.^ — Title VII. — The Executrt: Power. ^ Art, 69. The executive power is exercised by a migstrate to be called President of the Republic, who shall have for the discharge of his functions the number of secretaries determined by law. The President shall enter upon the discharge of his constitutional functions on the first day of October following that of his election, and shall remain in office for a term of four years. The law shall determine the names of the departments and the order of precedence of the secretaries. Art. 70. To be President of the Republic it is required : 1. To be a Panaman by birth. 2. To be at least 35 years of age.^ Art. 71. The President-elect of the Republic, or the citizen who takes his place, shall assume possession of his charge before the presi- dent of the Assembly and shall take the following oath of office: I swear before God and before the country that I shall faithfully- comply with the Constitution and the laws of Panama. Art. 72. If, for any reason whatever, the President of the Republic can not assume possession before the president of the National As- 1 See Article 6 of the Legislative Act of 14 March 1917 (below, p. 478). 2 See Article 7 of the Legislative Act of 14 March 1917 (below, p. 478). 468 CONSTITUTIONS OF THE STATES AT WAR. senibly, he shall do so before the president of the Supreme Court of Justice, and failing this, before two witnesses. Art. 73. The attributions of the President of the Republic are : 1. To appoint and remove, freely, the secretaries of State, the governors of the provinces and persons holding any national offices whatsoever, whose appointment does not belong to other officials or bodies. 2. To see to the preservation of public order. 3. To conduct the diplomatic and commercial relations with other nations, freel}' to appoint and receive the respective agents, and to conclude public treaties and conventions which shall be submitted to the National Assembly for its approval. 4. To take care that the National Assembly shall meet on the day appointed by the Constitution or by the resolution or decree by which extraordinary sessions may be called, and to take in good time the necessary measures for the payment to the deputies of the mileage allowed them by law. 5. To submit at the beginning of each legislature, on the first day of its ordinary sessions, a message relating to the affairs of the administration. 6. To furnish the Assembly with such special reports as the latter may request. T. To sanction and promulgate the laws, obey them and see to tljeir exact execution. 8, To submit to the National Assembly, within the first ten days of the regular sessions, the budget of receipts and expenditures for the following two years, and the general account of the budget and of the treasury, 9, To supervise the collection and administration of the revenues of the Republic and to order their disbursement in accordance with the laws, 10, To conclude administrative contracts for the performance of services and the execution of public works in accordance with the fiscal laws, with the obligation pi reporting thereon to the Assembly in its ordinary sessions, 11, To grant patents of useful inventions in conformity with the laws, 12, To issue naturalization papers in conformity with the laws. 13, To allow Panamans, who request it, to accept positions or distinctions from foreign governments, 14, To control, regulate and supervise national public instruction. 15, To take care that the public institutions of the nation are properly conducted. .,; -"' 16, To sanction, promulgate and enforce all sanitary regulations enacted by the National Board of Health. PANAMA. 4g9 17. To appoint the magistrates of the Supreme Court of Justice, the Attorney-General of the nation, and the public prosecutors and their deputies, in accord with the conditions required by law.^ r 18. To grant pardons to those guilty of political' offenses and a,... commutations of sentences, in accordance with the law regulating the )o^ exercise of this power.- "j ^ '' 19. To gi-ant military grades, according to the Constitution and the laws. 20. To dispose of the public forces as supreme chief of the nation. Art. 74. All acts of the President of the Republic, except the ap- pointments or removals of his secretaries of State, shall be without any validity or force unless they are countersigned by the secretary of the department to Avhich they pertain, Avho /'p.so facto becomes responsible therefor. Art. 75. The President of the Republic or the person in charge of the executive power may discontinue the discharge of his duties during a leave of absence which shall be granted by the National Assembly, or, during the recess of the latter, by the Supreme Court of Justice. In case of illness, a previous notice to either body will suffice. Art. 76. The President, in the exercise of his functions and in the public interest, may visit, for such time as he may deem proper, any part of the Republic. Art. 77. The emoluments alloAved by law to the President of the Republic shall not be changed during the term for which they have been fixed. Art. 78. The President of the Republic, or whoever acts in his place, shall be held responsible only in the following cases: 1. For going beyond his constitutional powers." 2. For committing acts of violence or coercion in elections, or pre- venting the constitutional meeting of the National Assembly, or ob- structing the latter and the other public bodies or authorities estab- lished by the Constitution, in the exercise of their functions. 3. For high treason. In the first two cases the penalty shall be no other than removal from office, and, if the President has ceased to exercise his functions, the penalty shall be disqualification from holding any other public office. In the latter case the common law shall be applied. Art. 79. In the temporary or permanent absence of the President of the Republic, the executive power shall be vested in one of the Designates ^ in the order in which they have been elected. ^ See Article 8 of the Legislative Act of 14 March 1917 (below, p. 478). =" As amended by the Law of 19 September 1906. 3 See Article 9 of the Legislative Act of 14 March 1917 (below, p. 479). 470 CONSTITUTIONS OF THE STATES AT WAR. The only cases of permanent absence of the President are his death, his accepted resignation or his removal. The person in charge of the executive power shall enjoy the same preeminence and exercise the same attributions as the President of the Republic, whose place he fills. Art. 80. To be a Designate {Designado) the same qualifications shall be required as for being President of the Republic. Art. 81. When in the absence of the President the vacancy can not for any reason be filled by the Designate, the Presidency shall be exercised by the secretary of State whom the Cabinet Council selects by a majority of votes. Art. 82. A citizen who has been elected President of the Republic shall not be reelected for the following term, if he has filled the oiRce of President within the eighteen months immediately preceding the new election.^ Art. 83. Citizens called upon to fill the office of President and having so filled it within the six months preceding the date of elec- tion of the new President, and any relative of his within the fourth civil degree of consanguinity or the second of affinity, shall also be barred from election to this office.^ Title VIII. — The Departments or State. Art. 84. The distribution of business according to its nature among the several departments of State devolves upon the President of the Republic. Art. 85. In order to be a secretary of State the same qualifications are necessary as for being a deputy to the National Assembly. Art. 86. The secretaries of State are the sole organs of communica- tion between the executive power and the National Assembly; they may introduce bills and take part in the debates. Art. 87, Each secretary of State shall present to the National Assembly, within ten days after the beginning of each legislature, a detailed report or memorial on the condition of the business of his department and on such reforms as he may deem advisable to intro- duce. Art. 88. The National Assembly may summons the secretaries of State to appear before it whenever advisable. Art. 89. The Cabinet Council shall be composed of all the secre- taries of State and shall be presided over by the President of the Republic, 1 See Article 10 of the Legislative Act of 14 March 1917 (below, p. 479). 2 See Article 11 of the Legislative Act of 14 March 1917 (below, p. 479). PANAMA. 471 Title IX. — The Judicial Power. Art. 90. The judicial power shall be exercised in the Republic by a Supreme Court of Justice, by such inferior and ordinary courts as the law may establish, and by any other special tribunals or commis- sions which may be created in accordance with public treaties. The Assembly shall exercise certain judicial functions. Art. 91. The Supreme Court of Justice shall consist of five magis- trates, appointed for four years.^ There shall be five substitutes, also appointed for four years, who shall fill, in their order, any temporary vacancy. In the event of permanent vacancy a new appointment shall be made. The magistrate who accepts a government office shall vacate his position. Art. 92. The appointment of the magistrates and judges of the ordinary courts, which the law may establish, shall be made by the court or judge immediately superior in rank. Art, 93. To be a magistrate of the Supreme Court of Justice it is required to be a Panaman by birth or by adoption, to have resided in the Republic for over fifteen years, to be over 30 years of age, to be in the full enjoyment of civil and political rights, to be a grad- uate in law, or have practiced at least for ten years as a lawyer of good standing, or discharged, during an equal period, the duties of judge or prosecuting attorney, and to have never been sentenced for common offenses. ^^^^ The same qualifications shall be required of magistrates of the courts of justice that may be established by law. Art. 94. No magistrate or judge shall be suspended from his office except in the cases and with the formalities provided by law, nor shall he be removed except by virtue of a judicial sentence. Art. 95. The law shall determine the cases of criminal character which shall be tried by jury. Art, 96, Justice shall be administered gratuitously throughout the territory of the Republic, Art. 97, The law shall determine the salaries of the officers of the judiciary, and such salaries shall be neither increased nor decreased during the term for which such officers shall have been appointed. Title X. — The Making of Laws. Art, 98. Laws shall originate in the National Assembly at the sug- gestion of its members or of the secretaries of State. 1 See Article 8 of the Legislative Act of 14 March 1917 (below, p. 478). 472 CONSTITUTIONS OF THE STATES AT WAR. Exempt from this provision are laws concerning civil jurispru- dence and judicial procedure, which shall not be enacted except at the suggestion of the respective standing committees of the Assein- bly, or of the magistrates of the Supreme Court of Justice. Art. 99. No legislative act shall become law until it shall have re- ceived the approval of the National Assembly in three debates on separate days, a majority of the votes and the sanction of the execu- tive power. Art. 100. The second debate on a bill shall not be closed, nor shall the bill be voted on in a third debate, without the presence of a ma- jority of the members composing the Assembly. Art. 101. After a bill is passed by the Assembly, it shall be sent to the executive power, and if approved, it shall be promulgated as a law. If not approved, it shall be returned to the Assembly with a statement of the objections thereto. Art. 102. The executive power has 6 days to return a bill with his objections, when the said bill shall consist of not more than 50 arti- cles; 10 days, when the bill contains from 51 to 200 articles; and 15 days, when there are more than 200' articles. Art, 103. If, at the expiration of those terms, the executive power fails to reurn the bill with his objections, the bill shall become a law and shall be promulgated. But if the Assembly adjourns before the expiration of the said terms, it shall be the duty of the executive power to publish the bill, whether approved or objected to, within ten days after the date of adjournment of the National Assembly. Art. 104. All bills objected to in their entirety by the executive power shall be reconsidered by the Assembly in third debate; those objected to only in part shall be reconsidered in second debate for the sole purpose of taking the objection of the executive power into account. Art. 105. The executive power shall sanction every bill which, hav- ing been reconsidered, shall be passed by a two-thirds vote of the deputies present at the debate, provided that their number be not less than that required for a quorum. If the executive power objects to a bill on the ground of unconsti- tutionality, and the National Assembly insists upon its passage, the bill shall be referred to the Supreme Court of Justice, which shall render its decision within six days. If the action of the Assembly is sustained by the Court, the executive power shall be bound to sanc- tion and promulgate the bill as a law ; if the bill is pronounced un- constitutional, it shall be sent to the archives. Art. 106. If the executive power fails to sanction the laws within the time and under the condition set forth in this title, they shall be sanctioned and published by the president of the Assembly. PANAMA. 473 Art. 107. Every law shall be i)romulgated Avithin six days after its approval. Art. 108. The hiws may be accompanied by an explanatory pre- amble, and their enacting clause shall be as follows : " The National Assembly of Panama decrees." Art. 100. Bills upon which no action has been taken at a session shall not be reintroduced except as new bills in another session. Title XI. — Public Prosecutiox. Art, 110. Public prosecution shall be conducted by an Attorney- ( General of the Nation, by the public prosecutors and deputies, and by such other officers as the law may designate. Municipal deputies shall be elected by the executive power out of lists of three presented by the respective municipal councils. When one of the list of three has been elected, the other two shall be held as substitutes in the order established by the executive pow^er.^ Art. 111. It shall be the duty of the officers in charge of public l)rosecution to defend the interests of the nation; to see to the en- forcement of the laws, execution of judicial sentences and adminis- trative orders; to watch the official acts of public officials and to pros- scute offenses and misdemeanjors that disturb social order. Art. 112. The term of office of the Attorney-General shall be four years.- Art. 113. The same qualifications as are required to be a magistrate of the Supreme Court of Justice shall be required to be Attorney- General of the nation. Art. 114. The special duties of the Attorney-General of the nation shall be: 1. To see that all the public officials in the service of the nation properly discharge their duties. 2. To arraign before the Supreme Court such officials as must be tried by that body. 3. To see that the other officers of public prosecution faithfully discharge their duties and to take appropriate action to hold them responsible for all derelictions committed by them. 4. To appoint and remove at his discretion all his immediate sub- ordinates, and such other duties as the law may ascribe to him. _^ Title XII. — The National Treasury. Art. 115. The Republic of Panama holds in ownership: 1. All property within the territory that.belonged, by whatsoever title, to the Republic of Colombia. 1 The last two sentences were added by Article 12 of the Legislative Act of 14 March 1917 (below, p. 479). 2 See Article 2 of the same Act (below, pp. 477-478). 88381—19 31 474 CONSTITUTIOlSrS OF THE STATES AT WAE. 2. The rights and actions which the Republic of Colombia had Avithin or without the country by reason of the sovereignty it exer- cised over the territory of the Isthmus of Panama. 3. The property, revenues, lands, securities, rights and actions that belonged to the former Department of Panama. 4. The vacant lands, salt deposits, lode and placer mines, or mines of any other character, and those of precious stones, without 23rejudice to lawfully acquired rights. Art. 116. The power of coining money of legal tender, of whatever description, is vested in the nation and can not be transferred. There shall be no private banks of issue. Art. 117. No paper money shall be made legal tender in the Re- public. Consequently, it shall be optional for any one to refuse notes or other certificates, whether it be of official or of private origin, in which he has no confidence. Art. 118. The landed property in the Republic shall not be trans- ferable to foreign governments, except as stipulated in public treaties Art. 119. No expenditure of public money shall be made without authority of law. No moneys appropriated for one purj)Ose shall be applied to,an}- other purpose not provided for in the budget. Art. 120.^ The executive power can not vote an extraordinary al- lowance, except in the following cases : 1. Whenever any public calamity occurs. 2. Whenever there is need to attend to some obUgations which affect national honor or unavoidable expenses for international courtesy. 3. In case of disturbance of public order. These allowances shall be granted by the Cabinet under the joint responsibility of the President and his secretaries of State, and the reasons for this action shall be recorded in each case and submitted to the National Assembly at its ordinary sessions. /^Art. 121. No indirect tax shall be collected or increased until three months after the date of the promulgation of the law establishing the same. lAs amended by Article 13 of the Legislative Act of 14 March 1917 (below, p. 480). This article originally read as follows : " Should the necessity arise to make an expenditure, which in the judgment of the executive power can not be avoided, during a recess of the National Assembly and for which no fund or an insufficient fund may have been appropriated, an additional or extraordinary allowance may be granted to the department concerned. Such allowance shall be granted by the Cabinet Council, under its joint responsibility, and the reasons for this action shall be recorded. The approval of such allowances belongs to the National Assembly." PANAMA. 475 Title XIII. — The Public Force. Art. 12'2. All Panamans are bound to take up arms whenever de- manded by public necessity, for the defense of national independence and the institutions of the country. The law shall determine the conditions for exemption from mili- tary service. Art. 123. The law shall organize the military service and the na- tional police. Art. 124. The nation may maintain a standing army for its de- fense. Impressment is prohibited. Art. 125. The public force is not a deliberative organization. It shall not assemble unless by order of the lawful authority and shall not make petitions except upon subjects relating to the good service and the morality of the army, and in accordance with the laws of their establishment.^ Art. 12G. Offenses committed by military persons while on active duty, or in connection therewith, shall be tried by courts-martial, or military tribunals, in accordance with the provisions of the Military Code. Art. 127. The national government alone shall have the power to import and manufacture arms and ammunition. i Title XIV. — The Provinces. Art. 128. There shall be in each province a governor, whose ap- pointment and removal shall -be at the pleasure of the President of the Republic, and whose powers and duties shall be defined by law. Art. 129. There shall be in each municipal district a corporation that shall be styled municipal council and consist of the number of members determined by law and elected directly by popular vote. x\rt. 130. Municipal districts are autonomous as to their internal affairs, but they can not contract debts without the authorization of the National Assembly. Art. 131. The municipal councils shall, by means of their own resolutions or of regulations issued by technical boards or commis- sions, provide all that may be necessary for the government of the district; levy loqal taxes and make local expenditures within the bounds established by the fiscal system of the nation, and exercise such other functions as may be ascribed to them by law. Art. 132. There shall be in each municipal district a mayor ap- pointed as provided by law, whose duty it shall be to discharge ad- ministrative functions in the municipality as the agent of the gover- nor and mandatory of the people. 1 See Article 14 of the Legislative Act of 14 March 1917 (below, p. 480). 476 CONSTITUTIONS OF THE STATES AT "WAR. Title XV. — General Provisions. Art. 133. Primary instruction shall be compulsory, and, when public, shall be free. There shall also be schools of arts and trades and institutions of secondary and professional instruction at the ex- pense of the nation. The law shall decentralize public instruction and assign to it spe- cial revenues. Art. 134. There shall be in Panama no office whose powers and duties shall not be particularized by law or regulations, and no public officer shall receive two or more salaries from the national treasury except under the provisions that may be made by law in special cases. Art. 135. Ministers of religious denominations shall not hold any office, employment or public trust in the Republic, whether personal, civil or military, except such positions as are connected with public charity or education. Art. 136. The government of the United States of America shall have the power to intervene in any part of the Republic of Panama to reestablish public peace and constitutional order, in the event of their being disturbed, if the said nation, by public treaty, assumes the obligation of guaranteeing the independence and sovereignty of this Republic. Title XVI. — Amendments to the Constitution. Art. 137. This Constitution may be amended through a legis- lative measure enacted in legal form, transmitted by the govern- ment to the next ordinary National Assembly for its final considera- tion, discussed anew by the later and approved by two thirds of the members constituting the Assembly. Title XVII. — Transitory Provisions. Art. 138. In order to secure for posterity a part of the pecuniary advantages derived from the negotiations for the construction of the interoceanic canal, the sum of six million dollars is hereby set aside for investment in securities bearing a fixed annual interest. The said investment shall be regulated by law. Art. 139.1 ( ,^^ ^ Art. 140. The first President of the Republic shall be elected by the National Convention by an absolute majority of votes on the day 1 Repealed by the Legislative Act of 14 March 1917. This article read as follows : " The law shall impose the penalty of death only for murder when accompanied by circumstances of atrocious character ; and this shall be done only as long as no good penal establishments or real penitentiaries exist in the Republic." PANAMA. 477 of the promulgation of this Constitution. He shall take possession of the post immediately and shall exercise his functions until 30 Sep- tember 1908. The Designates shall be elected on the same day as the President, and their term of office shall expire on 30 September 1906. Art. 141. Any citizen Avho has taken an active part in securing the independence of the Republic nuiy, even if not a Panaman by birth, be elected the first constitutional President of the Republic of Pan- ama. Akt. 142. As soon as this Constitution is sanctioned by the board of provisional government of the Republic, the Convention shall lose its character as such and assume all the functions attributed to the National Assembly, the prohibition contained in Article 64 not ap- plying to the delegates to the Convention. Art. 143. Before the date on which the first National Assembly is to meet, the Constitutional National Convention shall again exercise the legislative functions, whenever it may be called in extraordinary session by the executive power. Art. 144. The first National Assembly shall meet on 1 September 1906. Art. 145. All the acts of the board of provisional government from 3 November 1903 to 15 January of the present j^ear are hereby ex- pressly ratified. Art. 146, Existing monopolies and other privileges shall continue until the expiration of the respective lawful contracts, unless it is found possible to reach some equitable agreements with the posses- sors thereof for their immediate termination. Art. 147. All laws, decrees, regulations, orders and other provi- sions which may be in force at the time this Constitution is promul- gated shall continue to be observed, in so far as they are not contrary to it or to the laws of the Republic of Panama. Art. 148. This Constitution shall take effect, as far as the supreme branches of the government are concerned, from the day on which it is sanctioned: and as far as the Republic is concerned, fifteen days after its publication in the Gaeeta Ofcial. LEGISLATIVE ACT OF 14 MARCH 1917 AMENDING THE CONSTI- TUTION.i Article 1. There shall be no death penalty in Panama. /Art. 2. The National Assembly shall elect by the absolute majority of the votes of the total number of its members the Attorney-General of the nation and two substitutes who shall replace the former when * Translated by Antonio M. Opisso from the official Spanish text. 478 CONSTITUTIOI^fS OF THE STATES AT WAE. permanently or temporarily absent. These officials shall be elected for a period of five years. Section. In the event of absence for any reason of the sitting and substitute Attorney-Generals, the executive power majr, during the recess of the National Assembly, fill such vacancy until the As- sembl}'' shall meet either in ordinary or extraordinary session and proceed to a new election. Aet. 3. Any person may engage in any honest trade or occupation for which he may be fitted. The law and the authorities shall regu- late or inspect the professions and industries as to everything per- taining to the individual aptitude and morality and public safety and health. Art. -i:. At the end of Article 49 the following clavise shall be added: The election of the President and Vice-President of the Republic shall always be made by the direct vote of the citizens. Art. 5. Governors of provinces and mayors of the districts shall be elected by popular direct vote and for a period of four years. The first election for these offices shall be made in 1920. Art. 6. The National Assembly is hereby forbidden : 1. To charge to the public treasury any indemnity which has not been previously declared by the judicial power, or to approve any items for payment of pensions or retirements which have not been previously granted in accordance with the pre-existing general laws. 2. To decree the banishment or prosecution of persons or cor- porations. 3. To pass resolutions in praise of official acts. Art. 7. The term of office of the President of the Republic shall be four years. Children of Panaman father or mother born abroad may be elected President or Vice-President of the Republic, provided they have chosen Panaman nationality and have resided in the country for over 20 years. Panaman citizens born in Colombia who took part in the move- ment of separation of Panama and who were members of the pro- visional government of the Republic may also be elected President or Vice-President of the Republic. Art, 8. Clause 17 of Article 73 of the Constitution shall be thus amended : 17. To appoint, according to the conditions required by the Constitution and the laws, the magistrates of the Supreme Court of Justice for a period of five years, renewing one every year, and the public prosecutors for a period of four years. Transitory paragraph. The magistrates first appointed in accordance with the foregoing provision shall hold office for the following periods : The first shall hold office 1 year ; the second, 2 years ; the third, 3 years ; the fourth, 4 years ; and the fifth, 5 years of the ordinarj^ constitutional period. PANAMA, 479 This provision shall go into force in 1920. Art. 9. When a temporary or absolute vacancy of the office of the President of the Republic shall occur, the executive power shall be exercised by a magistrate who shall be known as the Vice-President of the Republic and Avho shall be elected on the same day and in tl&e same manner and for the same period as the President. Sect. 1. Only'death, resignation or dismissal of the President shall cause absolute vacancy. Sect. 2. When the Vice-President should substitute the President during the latter's temporary absence, he shall use the title of Vice- President of the Republic in charge of the executive poAver ; when he should fill the office b}^ reason of absolute vacancy, he shall assume the title of President of the Republic. Sect. 3. Whenever in this Constitution^ or in the laws reference is made to the Designates for the executive power, it shall be under- stood that the magistrate to whom said provisions are applicable is the Vice-President. Sect. 4. Whenever an absolute vacancy of the office of President or Vice-President occurs, the secretary of State elected by a majority of votes at a cabinet meeting shall take charge provisionally while the Assembly convenes in extraordinary session for the sole purpose of appointing the President and the Vice-President of the Republic for the remainder of the running period. Art. 10. A citizen who has been elected President of the Republic can not be reelected for the term immediately following. Neither can a citizen, who, having been called to fill the office of President by reason of absolute vacancy of the titular President, has held such office for any length of time, be elected President of the Republic for the term immediately following. Art. 11. A citizen who has been called to fill the Presidency of the Republic by reason of accidental or temporary absence of the titular President and who should have exercised such office within the six months preceding the day of the election for the new President, can not be elected to that office for the term immediately following. ^-■^ Section. The prohibitions established in regard to the election of President of the Republic shall be made extensive to those persons related to the ineligible citizen within the fourth degree of consan- guinity and the second degree of affinity. Art, 12. The following clause shall be added to Article 110 of the Constitution: Municipal deputies shall be elected by the executive power out of lists of three presented by the respective municipal councils. When one of the list of three has been elected, the other two shall be held as substitutes in the order established by the executive power. 1 See Articles 79 and following. 480 CONSTITUTIOISrS OF THE STATES AT WAR. Art. 13, Article 120 shall read as follows : The executive power can not vote an extraordinary allowance, except in the following cases : 1. Whenever any public calamity occurs. 2. Whenever there is need to attend to some obligations which affect national honor or unavoidable expenses for international courtesy. 3. In case of disturbance of public order. These allowances shall be granted by the Cabinet under the joint responsi- bility of the President and his secretaries of State, and the reasons for this action shall be recorded in each case and submitted to the National Assembly at its ordinary sessions. Art. 14. The public military or police force is not a deliberative organization. Its members can not take part in electoral matters nor vote. They shall not assenible, unless by order of the proper au- thority, and shall not make petitions, except upon subjects relating to the good service and the morality of the army or of the police, and in accordance with the laws of their establishment. Art. 15 {transitory) . The deputies elected in 1918 shall remain in office for six years. The following elections shall take place in 1924, and shall continue thereafter to be held every four years, the same days as the elections for President. Art. 16. Article 139 of the National Constitution is hereby abro- gated; Articles 68, 79, 82, 83, 112, 120 and 125 and Clause 4 of Ar- ticle 67 are subrogated, and Articles 70 and 91 thereof are modified. PERSIA. The form of oovernment in Persia up to the year lOOG Avas, in its most important features, simihxr to that of Turkey. Tlie Shall, within the limitations imposed by the Mohammedan religfion, was an absohite ruler, generally regarded by the people as the vice-gerent of the Prophet. As a rasult of the troubles provoked by the unpopu- hirity of the grand vizier (Ain-ed-Douleh), the Shah (Mozaffer-ed Din) published a rescript ^ under date of 5 August 1006 (14 Jornada II 1324) announcing that " a National Council (Mejlis) would be elected from among the princes, savants, Kajars, nobles, proprietors, business men and workmen," to deliberate upon necessary reforms. An Electoral Law was published on 9 September (20 Rajab)- and elections were held in the beginning of October. On T October the Shah opened in person the First Mejlis. Its leaders rapidly drew up a Constitution, which the Shah signed on 30 December (14 Dul- kaada), a few days before his death. His son, Mohammed Ali, suc- ceeded him (8 January 1907). Although the new Shah was opposed to representative government and vigorously opposed all efforts of the constitutionalist party, the latter won over the leaders of the con- servatives, and, as a result, the Shah accepted, on 7 October 1907 (29 Shaaban 1325), the Supplementary Constitutional Law. The First Mejlis was forcibly dissolved, with bloodshed, by the notorious Colonel Liakhoff, the Russian commander of the Shah's Cossack brigade, in the cmip d^etat of 23 June 1908, and a rescript was issued on 22 NoA^ember which abolished the Constitution. Civil war became so intense that Russia determined to employ military intervention. The profound impression produced in Persia by the fall of the Sultan Abdul Hamid II at Constantinople caused the Shah to sign a rescript reestablishing the old Constitution " without any alteration " and opening the parliament, but, before a new electoral law could be drafted, constitutionalist troops occupied Te- heran (13 July 1909). Three days later an extraordinary assembly of representatives of the Persian people deposed the Shah Mo- hammed Ali, and, in conformity with the Constitution, proclaimed 1 English translation of the Shah's firman Is given in British and Foreign State Papers, 101: p. 526; B. G. Browne, The Persian Kerolution of 1005-1909 (Cambridge, 1910^, pp. ;}53-354 ; and E. G. Browne, A Brief Narrative of Recent Events in Persia (London, 1909), pp. 6.5-66. 2 English translation in Browne, The Persian Revolution, pp. 355-361, and A Brief Narrative, pp. 67-74 ; French translation in the Annuaire de Ugislation itrangere, 36 (1906) : pp. 754-757. 481 482 CONSTITUTIONS OF THE STATES AT WAR. his minor son, Ahmed Mirza, Shah under a regency, which was ter- minated on 21 July 1914, when the young Shah was declared to be of afi'e.^ CONSTITUTION OF 30 DECEMBER 1906.^ [Preamble.] In the name of God the All Merciful ! Whereas by Our Firman of 5 August 1906,^ We commanded the institution of a National Assembly for the progress and welfare of the State and nation, the strengthening of the foundations of the kingdom and the carrying out of the laws of His Holiness the Prophet; and whereas, in accordance with the clause by which it is provided that, as each individual member of the State has a right to take part in the superintendence and decision of public aifairs, We therefore have permitted the election and appointment of deputies on behalf of the nation; and whereas the National Assembly has been opened through Our gracious benevolence, We have decreed the following articles of constitutional regulations for the National Assembly, including the duties and functions of the Assembly and its limitations and relations towards government departments. The Institution oe the Assembly. Article 1. The National Assembly has been instituted in accord- ance with the Imperial Firman of 5 August 1906. Art. 2. The National Assembly is the representative of the whole Persian nation, which shares in political and domestic affairs. Art. 3. The National Assembly shall be composed of members elected at Teheran and in the provinces, and the place of their meet- ing shall be at Teheran. Art. 4. The number of deputies for Teheran and the provinces is at present, in acordance with an Electoral Law separately pro- mulgated, 162 persons, but if necessary may be increased to 200. Art. 5. The deputies shall be elected for two whole years. This period shall begin from the day on which all the provincial deputies 1 These introductory paragraphs are based upon E. G. Browne, The Persian Constitu- tional Movement (London, 1918) ; F. R. Dareste et P. DarestEj Les Constitutions modernes (Paris, 1910), vol. ii^ pp. 684-685; and the two works by Browne mentioned in note 1, p. 481. Cf. also The Statesman's Year-hook (1916, 1917 and 1918). ^ Translation based upon the English translations in the British Parliamentary Paper Persia. No. 1 (1909) (London, 1909) [Cd. 4581] ; British and Foreign State Papers, 101: pp. 527-534; E. G. Browne, The Persian Revolution of 1305-1909 (Cambridge, 1910), pp. 362-371 ; and E. G. Browne, A Brief Narrative of Recent Events in Persia (London, 1909), pp. 75-86. ^ See above, p. 481, note 1. PERSIA. 483 assemble at Tehei'an. After the lapse of two years deputies must be again elected, but the people are at liberty to reelect members if the}^ are pleased with them. Art. 6. The Teheran deputies shall haA'e the option of instituting the Assembly and startino- discussion and debates. Their decisions by majority during the absence of the provincial deputies will be valid, and are to be carried out. Art. 7. When debates are started, at least two thirds of the mem- bers nnist be present, and when questions are put to the vote, three quai'tei'S of the members present give their votes. A majority shall be obtained only when more than half of those present in the As- sembly record their votes. Art. 8. The time of recess and of sitting of the National Assembly shall be fixed by the Assembly itself, according to the internal regu- lations. After the summer recess, the Assembly must again sit and begin its labors on 8 October, which is the date of the celebration of the opening of the First Assembly. Art. 9. The National Assembly maj- convene extraordinary sit- tings during the recess. Art. 10. When the Assembly opens, an address must be submitted to His Imperial Majesty, and it shall afterwards have the honor of receiving an answer from that royal and august quarter. Art. 11. As soon as members of the National Assembly join, they must take and subscribe to the following oath: Form of the Oath. We who have signed below invite God to be our witness, and we take oath by the Koran that, so long as the rights of the Assembly and the members of the Assembly are protected and carried out in accordance with these regula- tions, we will carry out the duties entrusted to us, as well as possible, with the greatest sincerity and straightforwardness, and to our best ability, and we will be true and truthful to our just Sovereign, and will not be traitors to the foundations of sovereignty or the rights of the nation, and we will have no other object but the advantage and the interests of the government and nation of Persia. Art. 12. No person on any pretext whatever, shall have the right to proceed against any member of the Assembly, without the knowl- edge and approval of the National Assembly. Should by chance one of the members be guilty of a public offense or crime, and should he be arrested in flagrante delicto, the carrying out of punishment must be with the knowledge of the Assembly. Art. 13. In order that the result of the discussions of the National Assembly should be carried out, their proceedings must be public. Newspaper reporters and the public have the right to be present and to listen, in accordance with the internal regulations, but without 484 CONSTITUTIONS OF THE STATES AT WAR the right of speaking. Newspapers may print all the debates of the Assembly without altering their meaning, so that the public should be aware of all their proceedings. Everyone, subject to his paying due regard to the public good, may discuss them in the public press, so that no matter should be hidden from anyone. Therefore, ■ all newspapers, so long as their publications are not contrary to any of the articles of the Constitution of the nation or State, are empow- ered to print matters of public utility, such as the debates of the Assembly and the observations of the people on those debates. Should any one publish an untrue report of the debates with personal motives, or make a libel, he will render himself liable to an inquiry, proceedings and punishment, according to law. Art. 14. The National Assembly, in accordance with separate regulations entitled the internal regulations/ shall regulate its own personal affairs, such as the election of a president, a vice-preicle it, secretaries, and other officers, as well as the debates, etc. The Duties or the Assembly and Its Limitations and Rights. Art, 15. The National Assembly has the right to discuss truth- fully and sincerely all matters it considers to be desirable in the interests of the State and nation to^ investigate ; and, subject to the approval of a majority, to submit them in the enjoyment of the ut- most safety and confidence, with the approval of the Senate, to His Imperial Majesty the Shah,- through the Prime Minister of the State, for His Majesty's signature, and to be then put into execution. Art. 16. In general, all laws necessary for the strengthening of the government and kingdom, and the regulation of State affairs, and for the establishment of ministries, must receive the sanction of the National Assembly. Art. it. The necessary bills for making new laws, or for the altera- tion, amplification, or cancellation of existing laws, shall, when de- sirable, be prepared by the National Assembly to be submitted to His Imperial Majesty the Shah for signature with the approval of the Senate, and to be then put into execution. Art. 18. The regulation of financial matters, the modification of the budget, the alteration of the arrangement of taxation, the re- fusal or acceptance of impositions, as well as the inspections which will be undertaken by the government, shall be done with the ap- proval of the Assembly. Art. 19. The Assembly will have the right for the purpose of re- forming financial matters and facilitating the relations of the gov- ernors and the apportioning of the provinces of Persia, and the re- appointment of governors, after the Senate has given its approval, to PERSIA. 485 deniaiul from the ooveniinoiit authorities that the decision arrived at should be carried out. Art. 20. The budget of each ministry must be finished for the suc- ceeding year in the hist half of each year, and must be ready fifteen days before the Festival of the Nawruz.^ Art. 21. Should it be necessary with regard to the constitutional laws of the ministries to make a new law. or to alter or cancel exist- ing laws, it will be done with the consent of the National Assembly, whether its necessity be first pointed out by the Assembly or by the responsible minister. Art. 22. Whenever a part of the revenue or property of the gov- ernment or State is to be sold, or a change of frontier or border be- comes necessary, it will be done with the approval of the National Assembly. Art. 23. AVithout the approval of the National Assembly no con- cession whatever for the formation of companies or associations shall be granted by the government. Art. 24. Treaties, conventions, the granting of concessions, monop- olies, either commercial, industrial, or agricultural, whether the other party be a native or a foreigner, can only be done with the approval of the National Assembly. Treaties which it may be in the interests of the government or nation to keep secret are excepted. Art. 25. All government loans of any nature whatsoevei", whether internal or foreign, will be made with the knowledge and approval of the National Assembly. Art. 26. The construction of railways or roads, whether the cost be defrayed by the government, by associations or companies, whether native or foreign, can only be undertaken with the approval of the National Assembly. Art. 27. Should the Assembly find in any place a fault in the laws or an irregularity in their fulfilment, it will draw the attention of the responsible minister to the same, and he will have to give the necessary explanations. Art. 28. Should a minister, in contravention of one of the laws which have received the imperial sanction, by misrepresentations ob- tain the issue of a written or verbal order from His Imperial Majesty the Shah, and excuse himself thereby for his delay and negligence, he will by law be responsible to His Imperial Majesty the Shah. Art. 29. Whichever minister who in a matter or matters should not be able to answer for his actions in accordance with the laws ap- proved by His Imperial Majesty, and if it should be apparent that he has broken the law and transgressed the stipulated limitations, the 1 The Nawrtiz, or Persian New Year's Day, falls about 21 March in each year. 486 CONSTITUTIOlSrS OF THE STATES AT WAR. Assembly will petition His Imperial Majesty for his dismissal, and when his fault has been determined by the courts of justic&^4ie will not again be allowed to serve the government. J Art. 30. The National Assembly has the right whenever it considers it desirable to make petitions direct to His Imperial Majesty by the " means of a body composed of the president and six members elected by the six classes. The time for the audience must be arranged for through the' Minister of Court. Art. 31. Ministers have the right to be present at the sessions of the National Assembly, and to sit in the place set apart for them, and to hear the debates of the Assembly; and should they think it necessary, they may ask the president for permission to speak and give the necessary explanations for the discussion and investigation of affairs. The Statement of Aeeairs to the National Assemblt. Art. 32. Any individual member of the public may make a state- ment of his case, or complaints or criticisms, to the office of the Assembly, and, if the matter concerns the Assembly itself, a satisfy- ing answer will be given to him; but should the matter concern one of the ministries, it will be sent to that ministry for investigation, and in order that a satisfying answer be given. Art. 33. New laws which are necessary will be prepared at the re- sponsible ministries, and will be given to the National Assembly by the responsible minister or by the Prime Minister, and after receiv- ing the approval of the Assembly will receive His Imperial Majesty's sign-manual and be put into execution. Art. 34. The president of the Assembly can, if necessary, of his own initiative or by the desire of ten members of the Assembly or of a minister, form a secret committee, without the presence of newspaper reporters or spectators, composed of a number of persons chosen from among the members of the Assembly, at which the other members of the Assembly will not have the right to attend. The result of the deliberations of the secret committee can, however, only be put into execution when the secret committee in the presence of three quarters of the persons elected accept the point at issue by a majority of votes, and if the matter be not passed by the secret committee, it will not be stated in the Assembly and will remain secret. Art. 35. Should the secret committee be instituted by the president of the Assembly, he has the right to inform the public of any part of it he thinks fit ; but if the secret committee is instituted by a minister, the publication of the debate can only be subject to that minister's permission. PERSIA. 487 Art. 36. Any one of the ministers may withdraw at any stage of its progress any matter put before the Assembly by him, excepting when his statement is called forth by the initiative of the Assembly, in which case the withdrawal of the subject must be subject to the agree- ment of the Assembly. Art. 87. Should the bill of any minister not be passed, it will be returned with the observations of the Assembly. The responsible minister can, after refusing or accepting the criticisms of the Assem- bly, send it to the xVssembly a second time. Art. 38. The members of the National Assembly must definitely and explicitly either refuse or accept the points at issue, and no one will have the right tQ-influence them in giving their decisions. A refusal or acceptance on the part of the members of the Assembly must be made in such a manner that the newspaper reporters and spectators may be able to observe it, that is to say, their decision must be made by visible signs, such as blue and white cards, or the like. The Statement of Matters on the Part of the Assembly. Art. 39. Whenever a case is brought up by a member of the Assem- bly, it will only be subject to debate when at least fifteen members of the Assembly approve of its discussion, in which case the matter in point will be submitted in writing to the president, who has the right to give it to the Committee of Investigation. Art. 40. At the time of debate and inquiry into a matter, as stated above in Article 39. whether by the Assembly or by the Committee of Investigation, should the matter have reference to one of the respon- sible ministries, the Assembly must notify the responsible minister, so that if possible he should attend in person or send his representa- tive in order that the discussion should take place in the presence of the minister or his representative. A copy of the statement and its appendices must be sent from ten days to a month beforehand, with the exception of urgent matters, to the responsible minister. The day on which the debate will take place must likewise be previously determined. After an investigation of the case in the presence of the responsible minister, in the event of the Assembly approving by a majority of votes, the statement will be formally written and deliv- ered to the responsible minister in order that he should take the con- sequential steps. Art. 41. In case a responsible minister, on grounds of expediency, is not in accord with the Assembly in a matter raised by it, he must adduce his proofs and convince the Assembly. Art. 42. In any case concerning which the National Assembly de- sires explanations from a responsible minister, the latter is obliged 488 CONSTITUTIONS OF THE STATES AT WAR. to supply an answer, and this answer must not, without an excuse, be dehiyed be3^ond a reasonable time, with the exception of secret mat- ters, the secrecy of which for a stipulated period is desirable in the interests of the government and nation, but after the expiration of the stipulated time the responsible minister is obliged to state the circumstances of the case to the Assembly. The Conditions or the Institution of the Senate, Art. 43. Another assembly, called the Senate, w^ill be constituted, composed of sixty members, Avhose sessions will coincide, after its constitution, with those of the National Assembly. Art. 44. The regulations of the Senate must receive the approval of the National Assembly. Art. 45. The members of the assembly will be chosen from the enlightened, intelligent, orthodox and respectable persons of the State, thirty persons on behalf of His Imperial Majesty (fifteen from the inhabitants of Teheran and fifteen from the inhabitants of the provinces) and thirty persons on behalf of the nation (fifteen elected by the people of Teheran and fifteen elected by the people of the provinces). Art. 46. After the constitution of the Senate all affairs must re- ceive the approval of both assemblies. If those affairs are initiated by the Senate or by the body of ministers, they must first be deter- mined in the Senate and passed by a majority, and then sent to the National Assembly for approval; but affairs initiated in the Na- tional Assembly will, on the contrary, pass from that Assembly to the Senate, with the exception of financial matters, which will be the prerogative of the Natioaial Assembly, and the Senate will be in- formed of the arrangements made by the Assembly regarding these affairs in order that the Senate may make its observations on the same to the National Assembly, which is, however, at liberty, after the necessary investigations, either to accept or to refuse the pro- posals of the Senate. Art. 4T. So long as the Senate is not constituted, affairs will re- quire only the approval of the National Assembly and the sign- manual of His Imperial Majesty to be put into execution. Art. 48. Whenever a question initiated by a minister is, after hav- ing been passed by the Senate, referred to the National Assembly and not accepted, and in the event of the matter being an important one, a third assembly, composed of an equal number of members of both assemblies elected by each, will be constituted to inquire into the subject at issue. The result of the deliberations of this assem- bly will be read to the National Assembly. If an understanding is PERSIA. 489 1-eached, so much the better; but, if not, a report of the matter will be submitted to His Imperial Majesty the Shah. Should His Im- perial Majesty confirm the decision of the National Assembly, it \vill be put into execution; but should His Imperial Majest}' not con- firm it. His Imperial Majesty will command that the question be debated and investigated afresh, and if still a settlement is not ar- rived at, and if the Senate b}' a majority of two thirds votes for the dissolution of the National Assembly, and if the body of ministers sepai-ately recommends the dissolution of the National Assembly, His Imperial Majesty the Sliah's re:-cript dissolving the National As- sembly will be issued, and His Imperial Majesty will in the same rescript command that fresh elections should take place, and the people will have the right to elect the former deputies. Art. 49. The new Teheran deputies must be ready within one month and the provincial deputies Avithin tliroe months, and as soon as tlie Teheran deputies are ready the Assembly will open and com- mence its labors, but they will not discuss the points at issue until the provincial deputies arrive. Bn^ nibers are pres- ent and a full majority vote in the same sense as before, His Im- perial Majesty will approve the decision of the National Assembly and will command that it be put into execution. Art. 50. During each term of election — that is to say, during two years — a general election will not be called more than once. Art. .51. It is decreed that the sovereign who succeeds Us should protect these limitations and articles, which aim at the strengthen- ing of the State and of the foundations of the kingdom, and the pro- tection of justice and contentment of the nation, which We have de- creed and put into execution, and which they must look upon as their chity to fulfill.^ SUPPLEMENTARY CONSTITUTIONAL LAW OF 7 OCTOBER 1907.^ [Preamble.] In the name of God the Merciful, the Compassionate I The following are the articles which, in order to complete the fun- damental laws of the Constitution of Persia, have been added to the Constitutional Law signed by His Imperial Majesty the late Mo- zaffer-ed-Din Shah Kajar on 30 December 1906.^ 1 Here follow the attestation and signature of Mozaffer-ed-Dln Shah and the seals of the then Crown Prince or Valiahd, Mohammed All, and the Gi-and Vizier, Mushir-ed- Dowleh. - Translation based upon the English translations in the British Parliamentary Paper Persia. No. 1 (1909) (London, 1909) [Cd. 4581] ; British and Foreign State Papers, 101; pp. 534-542; E. G. Bbowne, The Persian Revolution of 1905-1909 (Cambridge, 1910), pp. 372-384 ; and E. G. Browne, A Brief Sarrative of Recent Events in Persia (London, 1909), pp. 87-101. 3 See above, p. 482. 88381—19 32 490 constitutions of the states at war. General Pro visions. Article 1. The official religion of Persia is the branch of the Twelve Imams of the Shiah Sect of Islam.^ The Sovereign of Persia must profess and promote this religion. Art. 2. The National Assembly has been founded by the help of the Twelfth Imam, the bounty of His Islamic Majesty, the watch- fulness of the ulema ^ and the common people. The laws passed by it must never to all ages be contrary to the sacred precepts of Islam and the laws laid down by the Prophet. It is obvious that the decision as to whether the laws passed by the Assembly are in opposition to the precepts of Islam rests with the ulema. It is therefore officially decreed that for all ages a com- mittee composed of five persons, who shall be mujtahids and religious doctors, and who also must be acquainted with the requirements of the times, shall be elected in the following manner. The ulema and doctors of Islam who are recognized by the Shias as the centre of imitation shall make known to the National Assembly the names of twenty of the ulema possessing the above-mentioned qualities. The National Assembly shall, by agreement or casting of lots, elect five of them or more, according to the requirements of the age, and admit them as members. This committee shall discuss and thoroughly investigate the bills brought in by the National Assembly, and reject, wholly or in part, every one of these bills which is contrary to the sacred precepts of Islam, in order that it may not become law. The decision of this committee is final. This article will not be liable to change until the advent of the Twelfth Imam. Art. 3. The boundaries of the Kingdom of Persia, or of its prov inces, departments and communes, can not be modified except by law. Art. 4. The capital of Persia is Teheran. Art. 5. The official colors of the Persian flag are green, white and red, with the sign of the lion and the sun. Art. 6. The life and property of foreigners resident in Persia are secured and guaranteed, except in those cases in which the laws of the realm make exceptions. Art. 7. The Constitution, in part or in its entirety, is not liable to interruption. The Rights of the Persian Nation. Art. 8. The people of Persia shall enjoy equality of rights before the civil law. 1 Browne's translation seems to give a rendering of religious terms which is more literal, but less expedient for the present purposes, and contains some ejaculatory phrases after mention of religious personages which it has been thought expedient to omit here. 2 That is, the doctors of theology, especially the mujtahids. PERSIA. 491 Art. 9. The life, property, domicile and honor of every individual is secured and guaranteed from every kind of injury. No one can be disturbed except by order of, and in the manner defined by, the laws of the land. Akt. 10. Except when found m flagrante delicto committing crimes, misdemeanors or serious offenses, no one can be immediately arrested except by a written order of the president of the Tribunal of Justice in accordance with the law. Even then the offense of the accused must be made 'known to him at once, or at the latest within 24 hours. Art. 11. No one can be prevented from appearing before the court which should decide his case and be forced to refer the matter to another court. Art. 12. No punishment shall be decreed or executed except by law. Art. 13. The dwelling-place and house of every individual is in- violable. In no dwelling-place can forcible entry be made, except by order of. and in the manner defined by, law. Art. 14. No Persian can be exiled or prevented from residing in any place, or forced to reside in any place, except in the cases defined by law. Art. 15. No owner can be deprived of his land except by sanction of the Sheri, and then only after the fixing and payment of a just price. Art. 16. The sequestration of the property or possessions of any person as a penal measure is forbidden, except by order of law. Art. 17. It is forbidden to deprive owners or possessors of the properties or possessions controlled by them on any pretext what- ever except by order of law. Art. 18. The acquisition and study of arts, letters and sciences is fi-ee, except in so far as they are forbidden by the Sheri. Art. 19. The foundation of schools at the expense of the State and the people, and compulsory education, must be in accordance with the Law of the Ministry of Sciences and Arts, and all primary and secondary schools must be under the direction and supervision of that Ministry. Art. 20. All publications, except heretical works containing mat- ter harmful to the religion of Islam, are free, and are exempt from censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them. 492 CONSTITUTIONS OF THE STATES AT WAR. Art. 21. Societies and associations which do not provoke religious or civil strife are free throughout the reahii ; but their members must be unarmed and must obey the regulations which the law on this sub- ject shall lay clown. Meetings in the high roads or public squares must be held in accordance with the laws of the police. Art. 22. Postal communications are inviolable and exempt from seizure or opening, except in cases in which the law makes exception. Art. 23. The publication or seizure of telegraphic communications without the permission of the author of the telegram is forbidden, except in cases in which the law makes exception. Art. 24. Foreign subjects can acquire Persian nationality. The acquisition, preservation or divestment of nationality will be in ac- cordance with a separate law. Art. 25. Permission is not required to bring action against govern- ment officials for offenses connected with their duties, except in the case of ministers, in whose case the special lavv^s enacted in this respect must be observed. The Powders or the Kealm. Art. 26. The powers of the realm spring from the people. The Constitution defines the method of using those powers. Art. 27. The powers of the realm are divided into three parts : 1. The legislative power, whose province it is to make and amend laws. This power emanates from His Imperial Majesty the Shah, tlm National Assembly and the Senate. Each one of these three sources possesses the right of originating laws; but their passing is conditional to their not being contrary to the laws of the Sheri. to the approval of the two houses and to their receiving the imperial signature. But the making and approval of laws relating to the revenue and expenditure of the realm belongs to the National As- sembly alone. The explanation and interpretation of laws is the peculiar duty of the National Assembly. 2. The judicial power, which consists in the distinguishing of rights. This power belongs to the Sheri tribunr^Is in matters apper- taining to the Sheri, and to the courts of justice in matters apper- taining to the civil law {iirf) . 3. The executive power, which rests with the King. That is to say, the laws and decrees will be executed by the ministers and offi- cials in the name of His Imperial Majest}^ in the manner defined by law. Art. 28. The three above-mentioned powers shall alw^ays be differ- entiated and separated from one another. Art. 29. The particular interests of each province, department and commune shall be regulated by the provincial and departmental councils in accordance with their own particular laws. PERSIA. 493 The Rights or the Members or the Assembly. Art. 30. The members of the National Assembly and the Senate represent the whole nation, not only the particular classes, provinces, departments, or communes which have elected them. Art. 31. One person can not at the same time be a meml)er of both houses. Art. 32. As soon as a member becomes a salaried government serv- ant, he ceases to be a member. He can only become a member again after resignation of his government post and his reelection by the people. Art. 33. Each of the two houses has the right to inquire into and investigate all the affairs of the kingdom. Art. 34. The discussions of the Senate while the National Assem- bly is not sitting can have no effect. The Eights or the Persian Crown. Art. 35. The sovereignty is a trust which, by the grace of God, has been conferred on the person of the King by the people. Art, 36. The constitutional monarchy of Persia is vested in the person of Plis Imperial Majesty Mohammed Ali Shah Kajar and his descendants from generation to generation. Art. 37. The Valiahd,^ in the event of there being more than one child, shall be the eldest son of the King whose mother is a Persian by birth and a Princess. If the King has no male issue, the eldest male of his family who is next of kin shall become Valiahd. If, in this case, a male child is afterwards born to the King, the succession shall de jure revert to him. Art. 38. In the event of the death of the King, the Valiahd can only govern in person when he has reached the age of 18. If he has not attained that age, a Joint Committee of the National Assembly and the Senate shall elect a Regent to act for him until he reaches the age of 18. "^ Art. 39. No King can ascend the throne unless, before his corona- tion, he appear before the National Assembly, and in the presence of the members of the National Assembly and the Senate and the Cabi- net of Ministers swear the following oath : I take the Lord Most High to witness, and I sweai- by the Holy Word of God and by all that is sacred before God. that I will devote all my energy to preserv- ing the independence of Persia, guarding and protecting the limits of the realm and the rights of the people, be the guardian of the fundamental law of the Con- stitution of Persia, rule in accordance with it and the laws which have been decreed, strive zealously to propagate the sect of the Twelve Imams of the Shla religion, and will consider God Almighty a witness to my every act and deed. 1 1, e., the crown prince or heir apparent. 494 coisrsTiTUTioNs or the states at wak. I pray for the grace of God, from Whom alone aid is derived, and I ask help in my task of the pure souls of the saints of Islam to render service to the advance- ment of Persia. Art. 40. In like manner the person who has been elected to the re- gency can not take charge of affairs unless he has SAvorn the above oath. Art, 41. On the event of the death of the King, the National Assembly and the Senate must be convened. The summoning of the two houses can not be delayed for more than ten days after the death of the King. Art. 42. If the mandate of the members of both or one of the houses has come to an end in the life of the King, and at the time of his death the new members have not yet been elected, the former members must meet and hold session. Art, 43. The King can not, without the approval and sanction of the ISTational Assembly and the Senate, interfere in the affairs of another country. Art. 44, The King is absolved from all responsibility. The min- isters of State are responsible to both houses in all matters. Art, 45. All the decrees and rescripts of the King relating to affairs of State shall only be put into execution when they have been signed by the responsible minister, who is responsible for the accuracy of the contents of that decree. or rescript. Art. 46. The dismissal and appointment of ministers are by order of the King. Art. 47, The conferring of military grades, decorations and hon- orary distinctions, with due observance of law, is vested in the person of the King. Art. 48. The King has the right, with the approval of the responsi- ble minister, to choose the important officials of the government de- partments, either at home or abroad, except in cases excepted by law. But the appointment of the other officials does not lie with the King, except in cases defined by law. Art. 49. The issuing of decrees and orders for the execution of laws is one of the rights of the King, but he may not delay or sus- pend the execution of those laws. Art, 50. The supreme command of all the military and naval forces is vested in the person of the King. Art. 51. The declaration of war and the conclusion of peace are vested in the King. Art. 52. Treaties which, in accordance with Article 24 of the Con- stitution of 30 December 1906, must be kept secret, must, on the re- moval of this necessity, and provided that the interests and security of the country demand it, be communicated by the King to the Na- tional Assembly and the Senate, with the necessary explanations. PERSIA. 495 Art. 53. The secret clauses of any treaty can not annul the public clauses of that treaty. Art. 54. The King can convoke the National Assembly and the Senate in an extraordinary session. Art. 55. Coins shall be struck, according to law, in the name of the King. Art. 56. The expenses and disbursements of the imperial house- liold shall be defined by law. Art. 57. The powers and prerogatives of the King are only such as have been defined by the present Constitution. The Ministers. Art. 58. Xo one can become a minister unless he be a Mussulman, a Persian by birth and a Persian subject. Art, 59. Princes of the first rank, that is to say, the sons, brothers iind paternal uncles of the reigning King, are not eligible as min- isters. Art. 60. Ministers are responsible to both houses and must appear whenever they are summoned by either of the two houses. In the affairs entrusted to them they must observe the limitations of their responsibility. Art, 61. Ministers, besides being individually responsible for the particular affairs of their own ministry, are in matters of general policy jointly responsible to the two houses and are guarantors of each other's actions. Art. 62. The number of ministers will be fixed by law, as required. Art, 63. The title of " Honorary Minister " is entirely abolished. Art. 64. Ministers can not make the verbal or written commands of the King a pretext for divesting themselves of their responsibility. Art. 65. The National Assembly or the Senate can accuse and put ministers on trial. Art. 66. The responsibility of ministers and the punishments to "which they are liable will be defined by law. Art. 67. If the National Assembly or the Senate shall, by an abso- lute majority, express dissatisfaction with the Cabinet of Ministers or with a single minister, that Cabinet or that minister must be dismissed. Art. 68. Ministers can not undertake any salaried employment other than their own. Art. 69. The National Assembl}'^ or the Senate shall prosecute ministers for their offenses before the High Court of Appeal. The above-mentioned court shall try the case in plenary session of all the members of its ordinary tribunal, except when the accusations or claims are not legally connected with the government departments en- trusted to the minister but concern him personally. 496 CONSTITUTIONS OF THE STATES AT WAR. Note. — Until the Court of Appeal has been constituted, a Commis- sion, chosen in equal numbers from the members of the two houses, shall act instead of the Court of Appeal. Art. to. The decision as to the offense and the punishment of ministers when accused by the National Assembly or the Senate, or when, in the affairs of their departments, accusations concerning them personally are made against them, will be in accordance with a special law. The Powers of the Tribunals. Art 71. The Supreme Court of Justice and the judicial tribunals are the official centers to which all suits must be referred, and judg- ment in matters appertaining to the Sheri rests with the fully quali- fied muj tabids. Art. T2. Suits relating to political rights concern the judicial tribunals, save those which are excepted by law. Art. 73. The choice of judicial tribunals in cases appertaining to the civil law is decided by law, and no person may, on whatsoever plea, institute a tribunal contrary to the decrees of law. Art. 74. No tribunal can be instituted except by law. Art. 75. In the whole Kingdom only one Court of Appeal for cases relating to the civil law will be instituted, and that will be in the capital. This High Court of Appeal will not try any case of the first instance, except in cases relating to ministers. Art. 76. The sittings of all tribunals shall be public, save in cases where such publicity would be prejudicial to order or decency, in which case the necessity will be announced by the tribunal. Art. 77. In cases of political and press offenses, should it be de- sirable that the trial be secret, it must only be by the unanimous con- sent of all the members of the tribunal. Art. 78. The judgments delivered by the tribunals must cite the articles of the laws by which the judgments are governed, and these must be read publicly. Art. 79. In cases of political and press offenses, the whole bod^ of the judges shall be present. Art. 80. The presidents and the members of judicial tribunals shall be chosen in the manner decreed by the Law of the Ministry of Justice, and shall be appointed by virtue of a royal decree. Art. 81. No judge of a judicial tribunal may be suspended, either temporarily or permanently, without a trial or proof of offense, unless he himself resigns. Art. 82. No judge of a judicial tribunal can be transferred from his post except by his own consent. Art. 83. The choice of the public prosecutor, with the approval of the Chief Sheri Judge, rests with the King. PERSIA. 497 Art. 84. The salaries of the staff of judicial tribunals shall be fixed by law. Art. 85. The presidents of judicial tribunals may not accept sal- aried government posts, but may only render such services gratis, should they not be contrary to law. Art. 86. In every provincial capital a court of appeal for judicial cases shall bo instituted in the manner defined by the regulations of the Ministry of Justice. Art. 87. Military tribunals shall be instituted in the whole country according to a special law. Art. 88. The judgment of disputes relating to the limitations of government of departments and offices shall, in accordance with the decrees of law, be referred to the High Court of Appeal. Art. 89. The Supreme Court of Justice and other tribunals will only put into execution decrees, general regulations and regulations of provincial and municipal councils, when they are in accordance with the law. , Provincial and Departmental Assemblies. Art. 90. Provincial and departmental assemblies shall be estab- lished in all the provinces of the kingdom in accordance with special regulations, and the fundamental laws of these assemblies shall be as follows. Art. 91. The members of the provincial and departmental assem- blies shall be elected directly by the people in accordance with the regulations governing provincial and departmental assemblies. Art. 92. The provincial and departmental assemblies have the power of complete supervision in matters concerning the public weal, with due observance of the laws which have been decreed. Art. 93. A statement of every kind of revenue and expenditure of the provinces and departments shall be printed and published by the provincial and departmental assemblies. Finances. Art. 94. No taxes may be levied except by law. Art. 95. All exemptions from taxation shall be decreed by law. Art. 96. The budget shall be approved and defined every year by a vote of the majority of the members of the National Assembly. Art. 97. There shall be no differentiation or favor among indi- viduals regarding taxation. Art. 98. Rebates and exemption from taxation shall be defined by a special law. 498 CONSTITUTIONS OF THE STATES AT WAK. Art. 99. Except in cases specially defined by law, nothing shall be demanded from the people on any pretext whatever, except in the name of State, provincial or municipal taxes. Art. 100. No salaries or gratuities will be paid out of the govern- ment treasury except those which are decreed by law. Art. 101. The members of the State Accounts Department shall be chosen by the National Assembly for a period to be decreed by law. Art. 102. The State Accounts Department is charged to inspect and analyze the accounts of the Department of Finance and to eluci- date the accounts of the Treasury Accountants in general, and espe- cially to see that no item of expenditure allowed for the budget ex- ceed the estimate and that there be no alteration or change, and that every sum has been expended in the manner designated. It is also charged with the verification and analysis of the different accounts of the government departments in general, and shall collect the vouchers of expenditure. A statement of the general accounts of the Kingdom must be supplied by it to the National Assembly, ac- companied by observations. Art. 103. The institution and organization for this State Depart- ment shall be in accordance with the law. Army. Art. 104. The enrolling of troops shall be fixed by law. The duties and rights of the army, as well as promotion, shall be in ac- cordance with law. Art. 105. The military expenditure shall be approved by the Na- tional Assembly every year. Art. 106. No foreign troops shall be allowed to serve the govern- ment, and they shall not be allowed either to reside in any part of the country or to pass through or into the country except in ac- cordance with law. Art. 107. The pay or rank or decoration of soldiers or officers may not be withdrawn except in accordance with law.^ 1 Here follow the attestation and signature of the Shah. PORTUGAL. The modern constitutional era in Portugal did not begin until 1820, when a revolutionary movement was inaugurated which finally forced the passage of the Constitutional Charter of 29 April 1826. Civil wars followed and the reestablishment of this Constitution became ephemeral, although many changes were necessary with each reestablishment, in order to make the Charter more in keeping with the democratic spirit prevailing. In this way the following consti- tutional documents ^ were accumulated : 1. The Constitutional Charter of 29 April 1826. 2. The Additional Act of 5 July 1852. 3. The Organic Law of 3 May 1878 on the House of Peers. 4. The Constitutional Law of 24 July 1885. 5. The Law of 3 April 1896. These laws remained in force for many years, although dictator- ships were established at frequent intervals. The institution of a republican form of government brought about the present Constitu- tion which dates from 20 August 1911.^ CONSTITTTTION OF 21 AUGUST 1911.3 Title L— The Form or Government and the Territory or the Portuguese Nation. Article 1. The Portuguese nation, constituted as a unitary State, adopts the Eepublic as the form of government, in the terms of this Constitution. Art. 2. The territory of the Portuguese nation is that existing at the date of the proclamation of the Republic. §. The nation does not renounce the rights which it has or may hereafter acquire to any other territory. ^ French translation of these documents in F. R. Dareste et P. Dareste, Les Constitu- tions modernes (3d edition, Paris. 1910), vol. i, pp. 714-752. German translation of the first three documents in Paul Posbnee, Die Staatsverfassiingen des Erdballs (Char- lottenburg, 1909), pp. 761—782. English translation of the third and fourth document in the British and Foreign State Papers, 76 : pp. 219-222 and 587-590, respectively. ^ These introductory paragraphs are based upon Dareste, op. cit., pp. 712-714. 8 Translation reprinted from the British and Foreign State Papers, 105: pp. 766-781. 499 500 COlsTSTITUTIOlSrS OF THE STATES AT WAR. Title II. — Individual Rights and Guarantees. Art. 3. The Constitution guarantees to Portuguese and foreigners resident in the country the inviolability of their rights v^ith regard to liberty, personal security and property, in the f ollov^ing terms : 1. No one can be forced to do anything, or to desist from doing anything, except by virtue of a law. 2. The law is equal for all, but only that which has been promul- gated in the terms of this Constitution is binding. 3. The Portuguese Republic does not admit privileges of birth or prerogatives of nobility, and abolishes all titles of nobility and of councilorship, as also all orders of merit and all their rights and privileges. Civil deeds and military acts may be rewarded by special diplomas. No Portuguese citizen may accept a foreign decoration. 4. Liberty of conscience and of creed is inviolable. 5. The State recognizes the political and civil equality of all creeds, and guarantees their exercise within the limits compatible with public order, the laws and good customs, so long as they do not infringe the principles of Portuguese public right. 6. No one can be persecuted on religious grounds, nor ques- tioned by any authority with regard to the religion professed. 7. No one can, on the ground of religious opinions, be" deprived of any right or be exempted from the performance of a civic duty. 8. The public observance of any religion is free in the buildings chosen or destined for the purpose by the followers of that religion, and the buildings can always have the exterior form of a church ; but, in the interests of public order and of the liberty and safety of citizens, a special law shall lay down the conditions of its observance. 9. Public cemeteries shall have a secular character, the exer- cise of the respective rites being free to all religions as regards their followers, so long as they do not offend public morals, the principles of Portuguese public right and the law. 10. Teaching in public and private establishments under govern- ment control shall be neutral as regards religion. 11. Primary elementary education shall be obligatory and gra- tuitous. 12. The legislation in force which abolished and dissolved in Portugal the Society of Jesus, the societies therein affiliated, of what- ever denomination, and all religious congregations and monastic orders is maintained, and they shall never be admitted in Portuguese ter- ritory. 13. The expression of thought in any form whatever is com- pletely free, and not dependent upon the previous giving of security, submission to censure or the obtaining of previous authorization, PORTUGAL. 501 but the abuse of this privilege is punishable in the cases and in the manner prescribed by law. 14. The right of meeting and association is free to all. Special laws shall determine the form and conditions of this right. 15. Inviolability of domicile is guaranteed; the house of a citi- zen may be entered at night without his consent only when a demand therefor is made from within or in order to render assistance to vic- tims of crimes or accidents ; and during the day only in the cases and in the manner prescribed by law. 16. No one can be arrested unless on a specific charge, except in ■flagrante delicto and in the following cases : Forgery of coins or of national bank-notes and bonds of the Por- tuguese public debt, deliberate homicide when qualified as a crime, burglary, robbery, fraudulent bankruptcy and arson. 17. No one shall be committed to prison or be therein detained if already imprisoned, who offers proper surety or declaration of resi- dence in the cases in which the law admits it. 18. Except in the cases of -flagrante delicto^ no arrest can be ef- fected without a written warrant from the competent authority and in conformity with the express provisions of the law. 19. No one shall be committed to prison for inability to pay costs and stamps. 20. The preliminary investigation in criminal proceedings shall be open to contestation, thus ensuring the accused, before and after the drawing up of the indictment, every means of defending them- selves. 21. No one shall be sentenced except by the competent authority, by virtue of an existing law and in the manner prescribed by the same. 22. In no cases can the penalty of death be established, nor can corporal punishment be perpetual or of mifixed duration. 23. No punishment shall extend bevond the person of the delin- quent; in no case whatever shall there be confiscation of property, nor shall the infamy of the guilty party affect relatives in any degree. 24. The right to the revision of all sentences of condemnation is assured exclusively in favor of the condemned. §. Special laws shall determine what cases are subject to revision and the manner of revision. 25. The right of property is guaranteed within the limitations established by the law. 26. Every description of work, industry and commerce, except such as are restricted by law or for the public good, is allowed. Only the legislative power and administrative bodies can, in cases of recognized public utility, grant the exclusive right to de- velop any branch of trade or industry. 502 CONSTITUTIONS OF THE STATES AT WAR. 27. No one is obliged to pay taxes which have not been voted by the legislative power or by the administrative bodies legally author- ized to impose them, when their collection is not effected in the manner prescribed by the law. 28. The secrecy of correspondence is inviolable. 29. The right to public assistance is recognized. 30. Every citizen may present to the powers of the State claims, complaints and petitions, they may report any infringement of the Constitution, and may, without any previous authorization, demand from the competent authorities the punishment of offenders. 31. The haheas corpus must always be granted whenever a per- son suffers, or is in imminent danger of suffering, violence or re- straint illegally or through an abuse of power. The guarantee of the haheas corpus shall only be suspended in cases of a state of siege on account of sedition, conspiracy, rebellion or foreign invasion. A special law will regulate the extent of this guarantee and the procedure to be followed. 32. All persons employed in the public service, in administrative bodies or companies under contract with the State are guaranteed their posts, together with the rights inherent therein, during their term of obligatory military service. 33. Matters relating to civil status and the respective registers appertain exclusively to the civil authorities. 34. If, after the execution of a criminal sentence, it subsequently comes to be proved by legal means to have been unjust, the condemned person or his heirs shall have the right to compensation for losses and damages, which shall be paid by the National Treasury after judgment has been passed in conformity with the law. 35. In cases not provided for by law, no one, even if mentally abnormal, can be deprived of his personal liberty, without previous judicial sanction, except in cases of duly proved necessity, the proper judicial confirmation being immediately applied for, 36. Any person interned or detained in a lunatic establishment or placed under private restraint, and also his legal representative or any relative or friend, may at any time call on the judge concerned to set him at liberty, after the necessary inquiries have been made, should there be good cause to do so. 37. It is lawful for every citizen to resist any order which in- fringes individual guarantees, unless they have been legally sus- pended, 38. None of the powers of the State shall separately or conjointly suspend the Constitution or limit the rights asserted in it, except in the cases expressly mentioned therein. PORTUGAL. 503 Art, 4. The particular o^narantees and rights mentioned in the Con- stitution do not exchide other guarantees and rights not enumerated but resulting from the form of government it establishes, and from principles asserted or contained in other laws. Title III. — The Sovereignty and Poavers of the State. Art. 5. The soAoreigntv essentially resides in the nation. Art. 6. The organs of the national sovereignty are : The legislative, executive and judicial powers, independent and mutually harmonious. SECTION 1. THE LEGISLATIVE TOWER. Art. 7. The legislative power is exercised by the Congress of the Republic composed of two houses, called the Chamber of Deputies and the Senate. § 1. The members of Congress are representatives of the nation and not of the colleges which elect them. § 2. No one can at one and the same time be a member of the two houses. § 3. No one can be a senator under 35 years of age, or a deputy under 25 years. Art. 8. The Chamber of Deputies and the Senate are elected by di- rect suffrage of the citizen electors. §. The organization of the electoral colleges of the two houses and the procedure of election shall be regulated by special law. Art. 9. The Senate shall be composed of senators elected in the pro- portion of 3 for every district of the continent and the adjacent islands, and of 1 for every overseas province. §. For the elections of senators in each of the districts of the con- tinent and adjacent islands, lists shall only contain two names. Art. 10. For the election of the Chamber of Deputies and of the Senate, the electoral colleges shall meet on their own prerogative, if they are not duly convoked before the termination of the legislature and within the period prescribed by law. Art. 11. Congress of the Eepublic will meet on its own preroga- tive in the capital of the nation on the second day of December of each year. The legislative session shall last four months and may only be prorogued or adjourned by decision of Congress itjelf, taken at a joint session of the two houses. Each legislature shall last three years. Art. 12. Congress may be convoked extraordinarily by a fourth part of its members or by the executive power. Art. 13. The two houses, the opening and closing sessions of which shall be on the same days, shall work separately and in public sessions, except when otherwise decided. 504 CONSTITUTIONS OF THE STATES AT WAK. Decisions shall be taken by majority of votes, an absolute majority of the members of each house being present. §. It is incumbent on each of the houses to verify and recognize the powers of their members, to elect their bureau, to organize their internal rules, to regulate their police service and to appoint their officials. Art. 14. The joint sessions of the two houses shall be presided over by the elder of the presidents. Art. 15. Deputies and senators are inviolable on account of their opinions and votes in the discharge of their mandate. Their vote shall be free and independent of any promptings and directions. Art. 16. During the exercise of the legislative functions no mem- ber of Congress may act as juryman, expert or witness without the authorization of the house concerned. Art. it. No deputy or senator shall be arrested or imprisoned dur- ing the period of the sessions without the previous consent of his house, except in case of flagrante delicto^ to which is applicable the " greater penalty " ^ or its equivalent in the penal scale. Art. 18. Whenever criminal proceedings are brought against a deputy or senator and the offender has been committed, the judge shall submit the case to the house, wdiich shall decide whether the deputy or senator ought to be suspended, and whether the proceed- ings shall continue during the interruption of the sessions or after the duties of the offender have terminated. Art. 19. During the sessions members of Congress will receive a salary to be fixed by the National Constituent Assembly. Art. 20. No member of Congress may, after being elected, con- clude contracts with the executive power or accept from it or from an}^ foreign government any paid office or commission. § 1. The following are exceptions to this prohibition : 1. Diplomatic missions. 2. Military commissions or commands and the office of Commis- sioner for the Republic in the Colonies. 3. The offices which are the result of promotion. 4. A]Dpointments, preceded by competition, which by law are made by the government or on a proposal made by bodies whose legal province it is to indicate or select the official to be appointed. § 2. No deputy or senator, however, may accept a nomination to missions, commissions or commands referred to in Nos. 1 and 2 of the preceding §., without the previous consent of the house to which he belongs, whenever such acceptance would prevent him from exer- cising his legislative functions, except in case of war or when the honor or integrity of the nation is at stake. 1 In the original the words used ai-e pena major. Penas majores are the punishments which can only be inflicted as the result of trial by jury. PORTUGAL. 505 Akt. 21. Xo ck?pnty or senator may take part in the administratioa, management or superintendence of undertakings or companies con- stituted by contract or by special concession or which have any privi- lege from the kState, not conferred by general law, subsidy or guar- antee of revenue (save what is in the interests of the State under government control) ; nor. moreover, can he be a concessionnaire, con- tractor or partner in any fii-m holding concessions, contracts or en- gagements for public works and financial operations with the State. §. The disregard of the provisions contained in this or the preced- ing article entails forfeiture of the seat and cancellation of the acts and contracts therein referred to. THE CHAMBER OF DEPUTIES. Art. 22. Deputies are elected for three years. §. A deputy elected to fill a vacancy occurring by death or any other cause shall only exercise his mandate during the unexpired period of the legislature. Art. 23. It is the province of the Chamber of Deputies to take the initiative : a. As regards taxes. h. The organization of the land and sea forces. c. The discussion of the bills laid by the executive power, d. The impeachment of the members of the executive power, for breaches of duty committed in that capacity, in accordance with the provisions of this Constitution. e. The revision of the Constitution, /, The prorogation and adjournment of the legislative session, THE SENATE. Art. 21. Senators are elected for six years. Whenever it shall be necessary to hold a general election of deputies, one half of the members of the Senate shall be renewed. § 1. For the first renewal of' the Senate, it shall be decided by lot which a¥e the districts and overseas provinces whose representatives must retire ; subsequent retirements will be by priority of election. § 2. A senator elected to fill a vacancy arising through death or any other cause will exercise his mandate during the unexpired term of office of the late senator. Art. 25. The Senate has the exclusive right to approve or reject by secret vote proposals for the appointments of governors and commis- sioners of the Kepublic in the provinces. §. When Congress is closed, the appointments mentioned in this article, when made by the executive power, shall be considered pro- visional. S83S1— 19 33 506 CONSTITUTIONS OF THE STATES AT WAE. THE ATTRIBUTIONS OF THE REPUBLIC. Akt. 26. It is the exclusive province of the Congress of the Re- public : 1. To make, interpret, suspend and revoke laws. 2. To see to the observance of the Constitution and of the laws and to promote the welfare of the nation. 3. To estimate the receipts and fix the amount of expenditure each year, take charge of the accounts of receipts and expenditure of each financial year and vote the annual taxes. 4. To authorize the executive power to contract loans and under- take other financial operations, except in connection with the float- ing debt, and to establish and give previous approval to the general conditions under which they are to be carried out. 5. To regulate the payment of the internal and external debt. 6. To take measures for the organization of national defense. 7. To create and suppress public employments and determine the attributions and salaries of officials. 8. To create and suppress customs houses. 9. To settle the weight, value, inscription, type and denomina- tion of coins. 10. To determine the standard of weights and measures. 11. To establish banks of issue, regulate the issue of notes and the respective charges thereon. 12. To decide as to the boundaries of the territories of the nation. 13. To fix the limits of the administrative divisions of tho country, and decide as to their general organization. 1 L To authorize the executive power to declare war if recourse be not had to arbitration, or if the same should fail, except in cases of imminent or effective aggression by foreign forces. 15. To give a definite decision as to treaties and conventions. 16. To declare one or more places of the national territory to be in a state of siege, with a total or partial suspension of constitutional rights, in an emergency of foreign aggression or internal disorder. § 1. Should Congress not be sitting, this function shall be exer- cised by the executive power. § 2. The latter, however, during the state of siege, shall restrict itself to measures of repression against persons and to the detention of criminals in places not destined to common offenders. § 3. On the reassembly on its own prerogative of Congress within the space of 30 days, the executive power shall present a report stating the reasons for the exceptional measures taken and for the abuse of which the respective authorities shall be made responsible. IT. To organize the judicial power in the terms of the present Constitution. PORTUGAL. 507 18. To grant amnesties. 19. To elect the President of the Republic. 20. To dismiss the President of the Republic according to the terms of the Constitution. 21. To settle as to the revision of the Constitution before the lapse of the period of ten years, in the terms of § 1 of Article 82. 22. To regulate the administration of national property. 23. To legislate in regard to the disposal of national propert}^ 24. To sanction codes of rules for the due execution of the laws. §. Rules Avhich have not obtained this sanction are considered provisional. 25. To continue in the exercise of their legislative functions, after the termination of the respective legislature, if for any reason the elections have not been held within the constitutional periods. §. This extension of functions shall continue until the elections, which will return the new members to Congress, have been held. THE INITIATIVE, FOUMATION AND PKOMULGATION OF LAWS AND RESOLUTIONS. Art. 27. The authorization allowed by the legislative power can not be utilized more than once. Art. 28. Save the exceptions mentioned in Article 23, the initiative of bills is open without distinction to all members of the Congress or of the executive power. Art. 29. A bill when adopted in one of the houses shall be sub- mitted to the other, and the latter, if it approves it, shall send it to the President of the Republic, who shall promulgate it as law. Art. 30. The form of promulgation shall be as follows : " In the name of the nation, the Congress of the Republic has decreed and I ■hereby promulgate the following law (or resolution)." Art. 31. The President of the Republic, as chief of the executive power, shall promulgate any bill within the period of 1.5 clays from the date on which it was presented to him. Silence on the part of the President up to the last day of the said period is equivalent to promulgation of the law. Art. 32. A bill approved by one house shall be sent to the other, which shall decide in regp^rcl to it not later than in the legislative session following that in which it was approved. Failing this, the text approved by the house in which the bill was introduced shall be promulgated. Art. 33. A bill brought in by one house and amended by the other shall be returned to the first, which, if it accept the amendments, f-hall send the bill amended accordingly to the President of the Re- public for promulgation. 508 CONSTITUTIONS OF THE STATES AT WAR. §. When the amendments are not approved, the latter, together with the bill, shall be submitted for discussion and to a vote of the two houses at a joint sitting. The approved text shall be sent to the President of the Eepublic, who shall promulgate it as a law. Art. 34. When a bill has been rejected by one of the houses after it has been approved in the other, it shall be dealt with as if it had undergone amendments instead of rejection. Art. 35. Bills which have been definitely rejected can not be rein- troduced in the same legislative session. SECTION 2. THE EXECUTIVE POWER. Art. 36. The executive power is exercised by the President of the Republic and by the ministers. Art. 37. The President of the Republic represents the nation in all general State relations, both internal and external. THE ELECTION OF THE PRESIDENT OF THE EEPUBLIC. Art. 38. The election of the President of the Republic shall take place at a special sitting of Congress, which shall assemble of its oWn prerogative 60 days before the term of the presidental office. § 1. Voting will be by secret ballot and election will be by two thirds of the votes of the members of the two houses of Congress at a joint sitting. If none of the candidates obtain an absolute majority, the election will continue, at a third voting, only as between the two who have obtained the highest number of votes, the one obtaining the highest number of votes being finally elected. § 2.. In the case of a vacancy occurring in the Presidency, through death or any other cause, the two houses, united in Congress of the Republic on their own prerogative, shall forthwith proceed to the election of a new President, who shall exercise his functions during the presidential period still to run. § 3. So long as the election referred to in the preceding § shall not have been carried out, or whenever there shall be a temporary impediment in the exercise of presidential functions, the ministers shall jointly assume full executive power. Art. 39. Only Portuguese citizens not less than 35 years of age, in the full enjoyment of political and civil rights, and who have not had any other nationality may be elected President of the Republic. . Art. 40. The following are ineligible to the office of President of the Republic : a. Members of the families which have reigned in Portugal. PORTUGAL. 509 h. Blood relatives or connections in the first or second degrees, by civil right, of the outgoing President, but only as regards the first election following his retirement. Art. 41. A member of Congress who is elected President immedi- ately loses such membership by reason of his election. Art. 42. The President shall hold office for 4 years, and can not be reelected for the period of 4 years immediately following. §. The President will cease to perform the duties of his office on the same day as his mandate expires, the newly elected. President assuming his office at once. Art. 43. On assuming office the President will make the following declaration of covenant before Congress in session, presided over by the oldest president : I solemnly affii'ua, on my honor, to maintain and carry out with loyalty and fidelity the Constitution of the Republic, to observe the law. to promote the general welfare of the nation and to uphold and defend its integrity and inde- pendence. Art. 44. The President shall not leave national territory without permission from Congress under pain of losing his office. Art. 45. The President shall receive a salary to be determined be- fore his election, which may not be altered during the period of his office. §. None of the State properties, not even that in which the secre- tariat of the Presidency of the Kepublic is lodged, may be used. for the personal accommodation of the President or of persons of his familv. Art. 46. The President may be dismissed by the two houses in Congress on a resolution, supported and approved by two thirds of its members, which resolution shall clearly set forth the dismissal, or on conviction for a crime for breach of duty. THE ATTRIHTTTIONS OF THE PRESIDENT OF THE REPUBLIC. Art. 47. It is the province of the President of the Eepublic : 1. To appoint ministers from among eligible Portuguese citizens and to dismiss them. 2. To convoke Congress in extraordinary session, whenever the welfare of the nation may require it. 3. To promulgate and cause to be published the laws and regula- tions of Congress and to issue decrees, instructions and regulations to secure their faithful execution. 4. To fill up civil and military offices upon the recommendation of ministers and to relieve, suspend and dismiss officials, in accord- ance with law, the right of appeal to the proper courts being always reserved to them. 510 " COXSTITUTIOXS OF THE STATES AT WAR. 5. To represent the nation as regards foreign States and to di- rect the external affairs of the Eepublic without prejudice to the at- tributions of Congress. 6. To proclaim, with the approval of the ministers and for a period not exceeding 30 days, a state of siege in any part of the na- tional territory in cases of foreign attack or serious internal dis- turbance, according to the terms of §§ 1, 2 and 3 of No. 16 of Article 26 of this Constitution. 7. To negotiate treaties of commerce, of peace and of arbitra- tion and to conclude other international conventions, submitting the same to Congress for ratification. §. Treaties of alliance shall be submitted to the examination of Congress at a secret session, whenever two thirds of its members ]Detition in that sense. 8. To remit and commute punishments. 9.. To attend to all matters that may concern the internal and external safety of the State, in accordance with the Constitution. Art. 48. The attributions referred to in the preceding article shall be exercised through the intermediary of the ministers and according to the terms of Article 19. THE JIIXISTEES. Aet. 49. All the acts of the President of the Eepublic shall be countersigned, at least by the minister concerned. Should this not be the case, they shall be null and void, they can not be executed and no one shall be obliged to obey them. Art. 50. Ministers can not hold positions in any other employ- ment or public charge, nor jbe elected to the office of President of the Republic, unless they have ceased to hold office six months before the date of the election. § 1. Members of Congress who accept the post of minister shall not lose their mandate. § 2. The prohibitions and other provisions enumerated in Ar- ticle 21 and its §. are applicable to ministers. Art. 51. Each minister is responsible politically, civilly and crim- inally for his legislative and executive acts. ^Ministers shall be tried for crimes of breach of duty which they may commit or sanction by the ordinary courts. Art. 52. Ministers must appear in the session of Congress and shall always have the right to be heard in defense of their acts. Art. 53. One of the ministers, who shall also be appointed by the President of the Eepublic. shall be President of the Ministry and shall answer not only for the affairs of his office, but also for general policy. PORTUGAL,. 511 Art. 5-t. During the first tiftecn da>'.s of Jaiuuirv tlie ^Minister of Finance shall lay the general budget of the State before the Chamber of Deputies. CKIMKS yon liUKACH OF DUTY. Ai{T. 55. Crimes for breach of dut}- are those acts on the part of the executive power and its agents which are directed against: 1. The political existence of the nation. '2. The Constitution and the republican democratic regime. 8. The free working of the powers of the State. 4. The enjoyment and exercise of political or individual rights. 5. The internal security of the country. G. The integrity of the administration. 7. The custody and constitutional employment of public moneys. 8. The budgetary laws voted by Congress. § 1. Conviction for the conuiiission of any of tliese crimes in- i^olves loss of office and renders the offender incapable of exercising an}' public function. § 2. The President of tlie Republic is not responsible for the ad- ministrative acts of his ministers or their agents, but only for the crimes mentioned in Nos. 1, 2, 3, 4 and 5 of this article. SECTIOX r,. THE JUDICIAL POWER. Art. 56. The organs of the judicial poAyer of the Republic shall consist in a Supreme Court of Justice and courts of first and second instance. §. The Supreme Court of Justice shall have its seat in Lisbon. The courts of first and second instance shall be distributed through- out the country according as the necessities of the administration of justice demand. Art. 57. Judges belonging to the section of the judicial magistra- ture hold office for life and are irremovable, and their nomination, •lismissal, suspension, promotion, transfer and appointment outside their section shall be made in accordance with the forms of the or- ganic law concerning the judicial power. Art. 58. The institution of the jury is maintained. Art. 59. Trial by jury shall be optional in civil and conunercial cases and obligator}- in criminal cases, when a penalty more severe than correctional is provided for the crime committed or when the offense is of political origin or character. Art. 60. Judges shall not be held responsible for the sentences pronounced by them, except in the cases mentioned in the law. Art. 61. No judge may accept an office of profit from the govern- ment. The government may, when the interests of the public service 512 COISrSTITUTIONS OF THE STATES AT WAK. demand it, appoint the judges it considers necessary on any perma- nent or temporary commission, and these appointments shall be made in accordance with the terms laid down in the organic law on this subject. Art. 62. Sentences and orders of the judicial power shall be exe- cuted by exclusively judicial officials, to whom the proper authorities shall be obliged to lend assistance when called upon to do so. Art. 63. When either of the parties in a case submitted to the deci- sion of the judicial power calls in question the validity of a law^ or of acts which have been cited and which were issued by the executive power or of bodies invested with public authority, the judicial power shall pronounce on its constitutional legalit}^ or on how far it is in accordance with the Constitution and the principles laid down therein. Art. 64. The President of the Republic shall be tried and sentenced by the ordinary tribunal for any crimes which he may commit. §. When the proceedings have been carried to the point of com- mittal for trial, the judge shall communicate the fact to Congress, which shall, in a joint session of both houses, decide whether the President of the Republic shall be immediately tried or whether his tri&,l shall take place at the conclusion of his tenure of 6ffice. Art. 65. If a minister is to be tried on a criminal charge, the judge shall, when proceedings have reached the point of committal for trial, communicate the fact to the Chamber of Deputies, which shall de- cide whether the minister shall be suspended and. whether his trial is to take place in the interval between the sessions or onl3^ after the accused has ceased to hold office. Title IV. — Local Administrative Institutions. Art. 66. The organization and attributions of administrative bodies shall be regulated by a special law, and shall be based on the following principles : 1. The activities of administrative bodies shall be entirely inde- pendent of the executive. 2. Deliberations of administrative bodies can be modified or an- nulled by the courts, when they conflict with laws or regulations of general order. 3. District and municipal poAvers shall be divided into delibera- tive and executive, according to the terms prescribed by the law. 4. The us2 of the referendum, according to the provisions laid down by law. 5. Minority representation in administrative bodies. 6. Financial autonomy of administrative bodies in the form pre- scribed by law. PORTUGAL. 513 Title Y. — The Admixtstratiox of the Colonial Provixces. Akt. ()7. The i)revailing principle in the administration of co- lonial provinces shall be that of decentralization, with special laws suited to the state of the civilization of each one of those provinces. Title VI. — General Provisions. Art, 08. All Portuguese, each according to his capacity, are bound to military service in order to sustain the independence and integrity of the country and Constitution and to defend them from their enemies, internal and external. Art. 69. The public forces are essentially obedient and can not formulate petitions or collective representations nor meet together, exce2)t with the authority of or bj^ order of the competent authori- ties. Armed bodies can not deliberate. Art. 70. Special laws shall provide for the organization and ad- ministration of the military and naval forces in the whole of the territory o.f the Republic. xVrt. 71. There is no pardon for those ayIio are condemned for crimes and offenses against the electoral laws. That house, on ac- count of which such crimes and offenses have been committed, can nevertheless take the initiative in granting an amnesty, when two thirds of its members vote therefor, but only after one half of the sentence, if it is one of imprisonment, has been served. Such am- nesty can not include the costs of trial, fines and legal expenses. Art. 72. The crimes for breach of duty referred to in Article 55 shall be defined by a special law. Art. 73. The Portuguese Republic, without prejudice to its en- gagements under its treaties of alliance, advocates the principle of arbitration as the best method for solving international questions. Art. 74. For the effects of the exercise of political rights, all those persons are Portuguese citizens who are considered as such by the civil law. §. The loss and recognition of Portuguese citizenship are also regulated by the civil law. Art. 75. The right to the military medal is guaranteed in the terms of the respective laws and regulations to all those who, at the date of the promulgation of this Constitution, are serving in the army and navy. §. The pensions hitherto enjoyed by persons decorated with the Order of the Torre ancl Espada are maintained. Art. 76. The medal for merit, philanthropy and generosit}'. as well as for good service overseas, is maintained. 514 CONSTITUTIONS OF THE STATES AT WAE. Art. 77. Congress shall annually allocate certain of its sessions to the exclusiA^e deliberation of local interests and representations made to the legislative power by administrative bodies in those matters in which the State should intervene. AnT. 78. A special law shall determine the cases and the condi- tions in which the State shall grant pensions to the families of soldiers who have died in the service of the Republic or to soldiers incapacitated by reason of the same service. Art. 79. Certificates granted for civil deeds and military acts can be accompanied by medals. Art. 80. The laws and decrees, with the force of law hitherto ex- isting, continue in force until revoked or revised by the legislative poAver and remain valid in so far as they are not explicitly contrary to the system of government adopted by the Constitution and to the principles consigned therein. Art. 81. As soon as this Constitution is approved, it shall be de- creed and promulgated by the bureau of the National Constituent Assembly and signed by its members. Title VII. — The Revision or the Constitution. Art. 82. The Constitution of the Portuguese Republic shall be revised every 10 years beginning with the promulgation of the present one, and for this purpose constituent powers shall be held by the Congress whose mandate embraces the period of revision. § 1. Revision can be anticipated by 5 years, if approved by two thirds of the Congress of the two houses in joint session. § 2. Bills for the revision of the Constitution which do not define precisely the alterations projected can not be admitted to discussion, nor can those the purport of which is to abolish the republican form of government. Transitory Provisions. Art. 83. The first President of the Portuguese Republic shall be elected in special session fixed for the third day after that on which the Constitution has been approved by the National Constituent Assembly, and after his salary has been determined. The election shall be by secret ballot and by an absolute majority of the members of the National Constituent Assembly, with powers certified up till the eve. If, after the second ballot has taken place, it is ascertained that there has not been an absolute majority, the third ballot shall be by a majority as between the two candidates who obtain most votes in the second. The first presidential mandate shall terminate on 5 October 1915.. PORTUGAL. 515 ^. For tills election the disability referred to in Article 50 shall not obtain. Art. 84. The election of the Senate shall take place in the session immediatel}^ folloAving that in which the election of the President was held. § 1. The first senators shall be elected from among the deputies of the National Constituent Assembly over 30 years of age. They shall number 71, and the remaining members of the National Con- stituent Assembly shall form the first Chamber of Deputies. § 2. The choice of the senators shall be made in four elections, the first three by listvS of 21 names and the last by a list of 8. In the first three lists there shall be representatives of all the districts, provided the deputies of these districts fulfill the conditions of this article. § 3. The mandate of the members of the two houses thus formed terminates, when, after the end of the legislative session of 1914, there has been constituted a new Congress in the terms laid down by the Constitution. Art. 85. The first Congress of the Republic shall elaborate the following laws : a. Law respecting crimes for breaches of duty. h. The administrative code. c. The organic laws of overseas provinces. d. The law on judicial organization. e. The law upon the simultaneous enjoyment of more than one public oiRce. /. The law regulating political incompatibilities. g. The electoral law. §. At the same time and at alternate sessions, the geneial esti- mates of the State and other necessary measures shall be discussed. Art. 86. The vacancies which occur in the first Chamber of Deputies shall only be filled if its number be reduced to less than 135 members. Art. 87. When Congress is closed, the government can take the measures it judges necessary and urgent for the overseas provinces. §. As soon as CongTess opens, the. government shall give an ac- count of the measures taken.^ 1 Here follow Uie sig-natiues of the president, first secretary and second secretary of the National Constituent Assembly. ROUMANIA. For centuries the principalities of the Danube, Mokhivia and Wal- lachia, had a hard struggle to preserve their independence against powerful neighbors. The Crimean War gave the principalities an opportunity to bring their claims before the European Powers. The Treaty of Paris of 30 March 1856 (Articles 15-27) suppressed the protectorate, which Russia had exercised for about 27 years, and instituted (Article 23) a commission to study on the ground the question of reforms. This commission, composed of delegates of the Powers, sat at Bucharest in March 1857. Two consultative assem- blies, convoked for the purpose of making known the wivshes of each principality, agreed on 19 and 21 October 1857 to proclaim the necessity: 1. of an autonomous government; 2. of the union of the two countries ; 3. of the election of a foreign prince ; 4. of the organi- zation of a representative government. This declaration is known as the " Declaration of the Four Points." The Conference of Paris did 'not respect all of these wishes, when it adopted the Organic Convention or Act of 7/19 August 1858, which in 50 articles organ- ized the principalities as two distinct States, each having its own prince. The first real step toward actual union was taken in 1859, when Alexander was elected prince of both countries, but real union did not take place until several years later. In 1866 a revolution brought Charles of Hohenzollern-Sigmaringen to the throne and he immediately called a Constituent Assembly. The Constitution now in force was voted by this Constituent Assembly'', elected by universal suffrage, on 30 June/12 Juh?- 1866. The Constitution has been amended twice ; once, on 13/25 October 1879, as a result of the Turco- Russian War of 1877, and a second time, on 8/20 June 1884. x\.t the same time as the second revision of the Constitution a new Electoral Law was passed which is still in force, although it has undergone important modifications.^ CONSTITUTION OF 30 JUNE/12 JULY 1866, AS AMENDED 13/25 OCTOBER 1879 AND 8/20 JUNE 1884.2 Title I. — The Territory of Eoumania. Article 1.^ The Kingdom of Eoumania with its districts on the right bank of the Danube constitutes a single indivisible State. 1 This introductory paragraph is based upon F. R. Dakeste et P. Dakeste^ Les Con- stitutions viodcriics (Sd edition, Paris, 1910), vol. ii, pp. 229—231. 2 Translated by Otis G. Stanton from the French translation in Daeeste^ op. cit., pp. 231-255. French translation also in the British and Foreign State Papers, 57 : pp. 263-278 ; 71 : pp. 117G-1177 ; and 75 : pp. 110.5-1106. German translation in Paul POSENEK, Die Staatsvei-fassurgen des ErdbaUs (Charlottenburg, 1909), pp. 784-800. « As amended 8/20 June 1884. 517 518 CONSTITUTIONS OF THE STATES AT WAK. Art. 2. The territory of Eoumania is inalienable. The limits of the State can be changed or rectified only by virtue of a law. Art. 3. The territory of Eoumania can not be colonized by popula- tions of a foreign race. Art 4. The territory is divided into districts ; the districts into ar- ronclissements ; the arrondissements into communes. These divisions and subdivisions can be modified or rectified only by virtue of a law. Title II. — The Rights or Roumanians. Art. 5. Roumanians enjoy liberty of conscience, liberty of instruc- tion, liberty of the press and liberty of assembly. Art. 6. The present Constitution and other laws relative to political rights determine what, independently of the Roumanian character, are the conditions necessary for the exercise of these rights. Art. 7.^ The distinction of religious beliefs and of confessions shall not, in Roumania, constitute an obstacle to the acquisition of civil and political rights and to their exercise. § 1. The alien may, without distinction of religion,- and whether or not he is subject to a foreign protection, obtain naturalization under the following conditions : a. He shall address to the government his petition for naturaliza- tion, by which he shall make known the capital he possesses, the pro- fession or industry he is engaged in, and his desire to establish his domicile in Roumania. &. Following this request he shall live in the country during ten years and prove by his actions that he is useful to the country. § 2. The following may be excused from residence : a. Those who shall have introduced industries or useful inventions into the country, or who shall possess distinguished talents ; those who shall have founded large establishments of commerce or of industry. 6. Those who, born and reared in Roumania, of parents estab- lished there, have never enjoyed, neither the ones nor the others, a foreign protection. c. Those who have served under the flag during the War of In- dependence. These may be naturalized collectively, on the proposal of the government, by a single law and without other formality. § 3. Naturalization can be accorded only by a law and individually, § 4. A special law shall determine the mode according to which aliens may establish their domicile in Roumania. 1 As amended 13/25 October 1879. 2 Old Article 7 permitted naturalization only to foreigners " of Christian rites," and therefore excluded Jews. roumajSTia. 519 § 5. Roumanians, or those who are naturalized as Roumanians, may ticquire veal estate in Roumania. Rights already acquired shall be respected. The international conventions now existino- shall remain in force with all their clauses and until the expiration of their term. Art. 8. Naturalization is granted by the legislative power. Xatni-alization alone assimilates the alien to the Roumanian for the exercise of political rights. Art. 9. Every Roumanian of any State Avhatever, without distinc- tion of place of birth, from the moment when he has proven his re- nunciation of the foreign protection, can inmiediately obtain the ■exercise of political rights by a vote of the legislative bodies. Art. 10. No class distinctions exist in the State. All Roumanians are equal before the law^ and obliged to contribute without distinction to the imposts and to the public charges. They are alone admissible to public, civil and militai'y functions. Special laws shall determine the conditions of admissibilit}" and advancement in the functions of the State. Aliens can be admitted to the public functions only in exceptional i-ases, specially determined by the laws. Art. 11. All aliens Avho are on the soil of Roumania enjoy the protection that the laws accord to persons and to propert}^ in general. Art. 12. All class privileges, exemptions and monopolies are for- ever abolished in the Roumanian State. Foreign titles of nobility, such as those of prince, count, baron and others similar, are and remain inadmissible in the Roumanian State, as contrary to the ancient institutions of the country. The wearing of foreign decorations by Roumanians is subject to the authorization of the King. Art. 13. Individual liberty is guaranteed. No one can be prosecuted except in cases provided by the law and in the form which it prescribes. No one can be held or arrested, outside of cases of -flagrante delicto^ except by virtue of a judicial mandate, giving reasons therefor, which must be communicated to him at the moment of arrest, or, at the latest, within the 21 hours which follow the arrest. Art. 11. No one can be taken against his consent from the judges whom the law assigns to him. Art. 15. The domicile is inviolable. No domiciliary visit can be made except in the cases expressly provided for by the law and in the form which it prescribes. Art. 16. No punishment can be established or applied except by virtue of a law. Art. 17. No law can establish the confiscation of property. 520 COIsrSTITUTIONS OF THE STATES AT WAK. Art. 18. The penalty of death can not be reestablished except in the cases provided for by the Military Penal Code, in time of war.^ Art. 19. Property of every kind is sacred and inviolable, the same as all credits against the State. N'o one can be dispossessed except for the purpose of public utilitj^ legally decided and after a just and previous indemnity. By the purpose of public utility must be understood only public roads, public health and the works of defense of the country. The existing laws regarding the alignment and the enlargement of the public ways in the communes, as also the banks of the water- courses which cross them or run along them, remain in force. Special laws shall regulate the procedure and the mode of expro- priation.^ The free and unimpeded use of navigable rivers and those usable for rafts, of roads and other waj^s of communication is a part of the public domain. Art. 20. The property granted to the peasants by the rural law," just as the indemnity guaranteed to owners \)j the said law, can not suffer any injury. Art. 21. Liberty of conscience is absolute. The liberty of all the cults is guaranteed in so far as their cele- bration does not offend against public order or good customs. The Eastern Orthodox Religion is the dominant religion of the Boumanian State. The Orthodox Eoumanian Church is and re- mains independent of all foreign supremacy while preserving its Tuiity with the OEcumenical Eastern Church so far as dogmas are concerned. The spiritual, canonical and disciplinary affairs of the Eoumanian Orthodox Church shall be regulated by a unique central synodal authority, conformabl}'^ to a special law\* The metropolitans and the diocesan bishops of the Roumanian Orthodox Church are elected according to the mode determined by a special law.^ Art. 22. The acts of the civil State are within the competency of the civil authorities. The publication of these acts must always precede the religious benediction, which shall be obligatory for marriages, except in the cases provided for by a special law. 1 Code of Military Justice of 27 April/9 May 1873. 2 Law of 20 October/1 November 1864, amended 8/21 February 1900. 3 Law of 15/27 August 1864 gOYerning rural property. See Article 132. *Law of 19/31 December 1872 on the election of metropolitans and diocesan bishops and on the organization of the Holy Synod of the Autocephalous Holy Roumanian Ortho- dox Church. Law of 25 February/10 March 1906 on the secular clergy and the seminaries. EOUMANIA. 521 Art. 23. Education is free. Liberty of education is guaranteed, in so far as its exercise does not ort'end against good customs or public order. The repression of crimes is regulated solely by the law. Primary schools shall be gradually instituted in all the communes of Koumania. Education shall be gi-atuitous in all the schools of the State. Primary instruction shall, be obligatory for the Roumanian youth wherever primary schools are instituted. A special law shall regulate all that concerns public instruction.^ Art. 24.- The Constitution guarantees to everyone the liberty of communicating and of publishing his ideas and his opinions by word, in writing and by the press, each one being responsible for the abuse of this liberty in the cases determined by the Penal Code, which in any case can not restrict the right in itself. Xo exceptional law can be established in this matter. Censorship or any other preventive measure against the appear- ance, sale or distribution of any publication wdiatsoever can not be established. There is no need of the prior authorization of any authority for the appearance of any publication whatsoever. There shall not be exacted any caution-money from journalists, writers, publishers, printers and lithogi'aphers. The press shall never be subjected to the regime of warnings. Xo journal or publication can be suspended or suppressed. The author is responsible for his writings ; in default of the author, the manager is responsible ; and in default of the latter, the editor. Every journal must have a responsible manager enjoying civil and political rights. Crimes by the press are judged by jury, except ^ those which shall be committed against the person of the King and of the royal family or against the sovereigns of foreign States; these crimes shall be judged by the ordinary tribunals, according to the common law. Preventive arrest in the matter of press is forbidden. Art. 25. The privacy of letters and of telegi-aphic despatches i=; inviolable. A law shall determine the responsibility of the agents of the gov- ernment for the violation of the privacy of letters and despatches entrusted to the post and to the telegraph. Art. 26. Roumanians have the right to assemble peaceably and without arms, if they conform to the laws which regulate the exer- ^ Law of 29 April/11 May 1896 on primary and normal-primary education, amended many limes. Law of 23 March/4 April 1898 on secondary and higher education, amended in 1901 and 1904. Law of 27 March/8 April 1899 on professional education. 2 As amended 8/20 June 1884. ' This exception was introduced by the law of amendment of 1884. 88381—19 34 522 CONSTITUTIONS OF THE STATES AT WAE. cise of this right, to treat questions of all kinds ; there is no need of a prior authorization for this. This provision is not applicable to assemblings in the open air, which are subject entirely to the police laws.^ Art. 27. Roumanians have the right to associate themselves to- gether, if they conform to the laws which regalate the exercise of this right. Art. 28. Each one has the right to address himself to the public authorities by means of petition signed by one or more persons, with- out power, however, to petition otherwise than in the name of the signers. The constituted authorities alone have the right to address petitions in the collective name. Art. 29. There is no need of any prior authorization for the bringing of suits by the injured parties against public functionaries for acts of their administration, except what is specially enacted with regard to ministers. The cases and the manner of the suit shall be determined by a special law. Special provisions of the Penal Code shall determine the penalties incurred by false accusers. Art. 30. No Roumanian can, without the authorization of the government, enter the service of a foreign State without losing there- by his nationality. The extradition of political refugees is forbidden. Title III. — ^The Powers of the State. Art. 31. All the powers of the State emanate from the nation, which can exercise them only by delegation, according to the prin- ciples and rules established by the present Constitution. Art. 32. The legislative power is exercised collectively by the King and by the national representation. The national representation is divided into two houses : The^Seur ate and the Chamber of Deputies. Every law requires the approval of the three branches of the legis- lative power. No law can be submitted to the sanction of the King until after it has been discussed and voted freely by the majority of the two houses. _ Art. 33. The right to initiate laws belongs to each of the three branches of the legislative power. 1 Law of 1/14 April 1903 on the organization of the general police of the State. KOUMANIA. 523 Nevertheless, every law relative to receipts and to the expenditures of the State or to the contingent of the army must first be voted by the Chamber of Deputies. Art. 34. Authoritative interpretation of the laws belongs ex- clusively to the legislative power. -Art. 35. The executive power is confided to the King, who exer- cises it according to the mode determined by the Constitution. Art. 36. The judicial power is exercised by the courts and tribu- nals; their judgments and sentences are rendered by virtue of the law and executed in the name of the King. Art. 37. Exclusive interests of district or commune are regulated by the councils of the districts or the communes, according to the principles established by the Constitution and special laws. chapter I. THE national REPRESENTATION. Art. 38. The members of the two houses represent the nation and not simply the district or the locality which has named them.. Art. 39. The meetings of the houses are public. Nevertheless, each house forms itself into a secret committee on the request of the president or of 10 members. It decides, afterwards, by absolute majority, whether the session must be repeated in public on the same subject. Art. 40.^ Each house verifies the titles of its members and judges the contests which may arise in this regard. An election can be invalidated only by two thirds of the number of members present.^ Art. 41. No one can be a member of the two houses at once. Art. 42. The members of either house, named by the government to be a salaried office which they accept, cease to be representatives and resume the exercise of their mandate only b}^ virtue of a reelection. These provisions are not applicable to the ministers. The electoral law determines incompatabilities. Art. 43. At each session the Chamber of Deputies names its presi- dent, its vice-presidents, and forms its own bureau. Art. 44.^ The Senate elects, from its own members, its president, its vice-presidents, as well as the other members of its own bureau. Art. 45.^ Every resolution is passed b}' an absolute majority of the votes, except those which shall be fixed by the rules of the houses in regard to elections and presentations. In case of a tie vote, the proposition under consideration is rejected. lAs amended 8/20 Junp 1884. -This provision was added by the law of amendment of 1884. 524 CONSTITUTION'S OF THE STATES AT WAR. Neither of the two houses can pass a resolution, if the majority of its members are not present. Art. 46. Votes are expressed by sitting down or standing up, viva voce or by secret ballot. A bill can be adopted only after having been voted article by article. Art. 47. Each house has the right of inquiry. Art, 48. The houses have the right to amend and to divide into several parts the articles and amendments proposed. Art. 49. Every member of the houses has the right to address in- terpellations to the ministers. Art. 50. Each has the right of addressing petitions to the houses through the medium of the bureau or one of its members. Each of the two houses has the right to transmit to the ministers petitions which are addressed to it. The ministers are obliged to give explantions as to their tenor, whenever the houses ask for them. Art. 51. No member of either house can be prosecuted or annoyed for the opinions or votes given forth by him during the exercise of his mandate. Art. 52. No member of either house can, during the length of the session, be prosecuted or arrested in affairs of repression, except with the authorization of the house of which he is a member, unless in case of -flagrante delicto. The detention or prosecution of a member of either house is sus- pended during the entire length of the session, if the house requires it. Art. 53. Each house determines by its own regulations the mode according to which it exercises its attributions. Art. 54. Each house deliberates and adopts its resolutions sepa- rately, except in the cases expressly specified by the present Consti- tution. Art. 55. Each of the two houses has the exclusive right to exer- cise its own police through the medium of its president, who alone can, with the authorization of the house, give orders to the guard of service. Art. 56. No armed force can be posted at the doors or around either house without its consent. SECTION 1. — THE CHAMBEK OF DEPUTIES. Art. 57. The Chamber of Deputies is composed of deputies elected in the manner indicated below. Art. 58,^ The electoral body is, in each district, divided into three colleges, 1 As amended 8/20 June 1884. ROUMANIA. 525 Art. 59.^ All those constitute the first college, who, combining the other conditions demanded by the law, have a land revenue, rural or urban, of at least 1.200 francs. Art. 60.^ All those constitute the second college, who, combining the other conditions stipulated b}^ the law, have their domicile and their residence in the cities and pay the State an annual direct tax, of any kind whatever, of at least 20 francs. Exempt from the tax, income or property qualification {cens) in this college are: a. Those who practise a liberal profession. b. Retired officers. c. Pensioners of the State. d. Those who havie completed at least their primary education. All the urban conmiunes of a district form a single college with the chief town. Art. 61.^ All those constitute the third college, who are not electors in the first two colleges and who pay the State a tax, however small. The electors of this college, who have a rural land revenue of at least 300 francs and who can read and write, may vote at their will either directly for the deputy at the chief town or indirectly for the delegate in their commune, with the electors who do not know how to read or write and who do not have the required qualification. The following also vote directly, with exemption from the quali- fication : a. The schoolmasters of the village and the priests. ^ b. Those who pay an annual rent of at least 1,000 francs. Fifty electors elect one delegate. The mayor, the notary, the tax-collector, the chief of the garrison, as well as any other public functionary, can not be elected delegates. Art. 62.^ These three colleges elect directly in the following man- ner : The first college elects 2 deputies per district, except the dis- tricts of Ilfov, Jassy, Dolj, Buzeu, Mehedintsi, Prahova, Teleorman, Bacau. Putna. Botushani and Tutova, which elect as follows: Ilfov, 5 deputies; Jassy and Dolj, -1 each; Buzeu, Mehedintsi, Prahova, Teleorman, Bacau, Putna, Botoshani and Tutova, 3 each. The second college elects as follows : Bucharest, 9 deputies ; Jassy, 7; Craiova and Ploesci, -t each; Braila, Turnu-Magurele, Bacau, Roman, Galatz, Focshani. Berlacl and Botoshani, 3 each; Buzeu, Giurgiu, Hushi. Pitesci and Turnu-Severin, 2 each; the other cities, 1 each. The third college elects 1 deputy per district, except the dis- tricts of Ilfov. Dolj, Mehedintsi. Prahova, Buzeu, Bacau, Putna and Suciava, which elects 2 each. 1 As amended 8/20 June 1884. 526 CONSTITUTIONS OF THE STATES AT WAR. Art. 63. The amount of tax each individual must pay to be elector or eligible {cens) can be determined justly only by the roll of taxes, the receipts or the tax-notices- delivered by the collectors of taxes for the preceding- year and for the current year. Art. 64. The electoral law determines all the other conditions re- quired to be elector, as well as the mode of the electoral operations.^ Art. 65. To be eligible it is necessary: a. To be Eoumanian by birth or to have received complete naturalization. h. To enjoy civil and political rights. c. To be 25 years of age or more. d. To be domiciled in Roumania. The electoral law determines the disqualifications. Art. 66. The members of the Chamber of Deputies are elected for 4 years. SECTION 2. — THE SENATE. Art. 67.- For the Senate, the electoral body is divided in each dis- trict into two colleges. Art. 68.^ Those constitute the first college, who have a land reve- nue, rural or urban, of at least 2,000 francs per annum, with exemp- tion for the following persons : a. The former and present presidents or vice-presidents of each of the legislative houses. h. The former senators and deputies who have been members of two legislatures. c. Generals and colonels as well as those who have a grade assimi- lated to that of general or colonel. d. The former and present ministers or diplomatic representa- tives of the country. e. The former and present members or presidents of court, at- torneys-general before a court of appeal, presidents, members or at- torneys before the Court of Cassation. /. Those who have a diploma of doctor or licentiate in any specialty whatever and who have practised their profession during six years. g. The members of the Eoumanian Academy. Art. 69.^ The second college consists of all the direct electors of the cities and of the rural communes who have a land revenue, rural or urban, of 800 to 2,000 francs, as well as the merchants or manufac- turers who pay a license of the first and second class. 1 The electoral law dates from 9/21 June 1884, but It has been amended at least four times (1903, 1904, 1906 and 1907). 2 As amended 8/20 June 1884. KOUMANIA. 527 The following- persons are exempt from the qualifictition (ceiu) in this college: a. Those wlio possess a doctor's diploma in any specialty what- ever or any other title equivalent to that of doctor emanating from a special superior school. h. Licentiates in law, in letters, in philosophy or in sciences. c. Former and present magistrates who have served during six years. d. Engineers, architects, pharmacists and veterinarians Avho have diplomas. ( . Professors of State schools in the cities or of secondary schools recognized by the State. /. Pensioners who receive a pension of at least 1,000 francs per annum. Art. 70.^ Each of these two colleges votes separately. The first college elects 2 senators per district. The second college elects 1 senator per district, except the fol- lowing districts which elect as follow^s: Ilfov, 5; Jassy, 3; Braila, Covurlui, Dolj, Prahova, Botoshani, Tutova, Teleorman, Mehedinsti, Buzeu, Bacau, Putna, Dimbovitsa, Romanatsi. Neamtsi, 2 senators each. Art. 71.^ Whatever may be the numbers of the sections of which the electoral college is composed, each elector votes for the number of representatives which the college of which he is a member should elect. Art. 72.^ The electoral operation of each college for the Chamber and the Senate shall be made in a single day. Art. 73. The Universities of Jassy and of Bucharest each send to the Senate a member chosen by the professors of the respective universities. Art. 74. In order to be able to be elected senator, it is necessarj^ : 1. To be Roumanian by birth or naturalization. 2. To enjoy civil and political rights. 3. To be domiciled in Roumania. 4. To be at least 40 years old. 5. To have an income, of any nature whatever, of 800 ducats [about $1,880], determined in the manner provided for in Article 63. Art. 75.^ The following are exempt from this qualification {cens) : a. The former presidents or vice-presidents of one of the legisla- tive houses. Z/. The former deputies and senators who have been members of two legislatures. 1 As amended 8/20 June 1884. 528 coisrsTiTUTioisrs of the states at wae. c. Generals and those of like rank. d. Colonels, retired or unattached. e. Former and present ministers or diplomatic representatives of the country. /. Those who have occupied for three years the office of mem- ber of a court, or for one year those of president of the court, attor- ney-general, attorney or member of the Court of Cassation. g. Those who have a diploma of doctor or licentiate in any spe- cialty whatever and who have practised their profession for at least six years. A. The members of the Roumanian Academy. Art. 76. The following are ex-offtcio {de droit) members of the Senate : 1. The heir to the throne, at the age of 18 years, with a delibera- tive voice only at 25 years. 2. The metropolitans and diocesan bishops. Art. 77.^ The senators and deputies receive per diem indemnity during the length of the session. Art. 78.^ The members of the Senate are elected* for eight years and are renewed by halves every four years by lot. The rules of the Senate shall fix the drawing of lots in such a manner that the elimination shall be divided among all the districts. Art. 79. The retiring members are reeligible. Art. 80. In case of dissolution, the Senate is renewed integrally. Art. 81. Every meeting of the Senate held outside of the time of the session of the Chamber of Deputies is null ipso facto. CHAPTER II. the KING AND THE MINISTERS. SECTION 1. THE KING. Art. 82. The constitutional powers of the King are hereditary in the direct and legitimate lineage of His Highness, King Charles I of Hohenzollern-Sigmaringen, from male to male, by order of primo- geniture and to the perpetual exclusion of the females and their lineage. The descendants of His Highness, King Charles I, shall be brought up in the Eastern Orthodox Religion. Art. 83. In default of masculine lineage in direct line from His Highness, King Charles I of Hohenzollern-Sigmaringen, the suc- cession to the throne shall revert to the oldest of his brothers or their descendants, according to the rules established in the preceding article. lAs amended 8/20 June 1884. ROUMANTA. 529 If there exists no longer any of these brothers or their descendants, or if they decLare beforehand that they will not accept the throne, the King may then choose his successor in one of the sovereign dynas- ties of Europe, with the assent of the national representation given in the form prescribed by Article 84. If neither of these two cases takes place, the throne shall be con- sidered vacant. Art. 84. In case of vacancy of the throne, the tw^o houses unite immediately in one single assembly, even without convocation, and, within eight days at most from the date of their assembling, they elect a King in one of the sovereign dynasties of western Europe. To be able to proceed to this election the presence of tliree fourths of the members who compose each of the two houses and a majority of two thirds of the members present are necessary. In the case where the election shall not have been made within the period prescribed above, the ninth day, at noon, the houses reunited shall proceed to the election, whatever the number of the members present, and by the absolute majority of votes. If the houses are dissolved at the moment of the vacancy of the throne, they shall proceed as it is prescribed in the article below. During the vacancy of the throne, the united houses shall name a royal lieutenantship composed of three persons, which shall exercise the royal powers until the accession of the King. In all the cases above indicated the vote shall be by secret ballot. Art. 85. On the death of the King, the houses shall unite, even without convocation, ten days, at the latest, after the declaration of the death. If they have been dissolved before and the convocation has been made in the act of dissolution for a time later than the tenth day, the former houses shall resume their functions until the meeting of those who are to replace them. Art. 86. From the date of the death of the King until the taking of the oath by his successor to the throne, the constitutional powers of the King are exercised in the name of the Roumanian people by the ministers assembled in council and under their responsibility. Art. 87. The King is of age at 18 years. He takes possession of the throne only after having taken in the midst of the united houses the following oath : I swear to observe the Constitution and the laws of the Roumanian people, to maintain tlie national rights and the integrity of the territory. Art. 88. The King may. during his lifetime, name a Regency com- posed of three persons, which, after the death of the King, shall exer- cise the royal powers during the minority of the successor to the throne. This nomination shall be made with the consent of the 530 CONSTITUTIONS OF THE STATES AT WAK. national representation, given in the form prescribed by Article 84 of the present Constitution. The Regency shall exercise at the same time the tutelage of the successor to the throne during the minority of the latter. If, at the- death of the King, the Regency has not been named, and if the successor to the throne is a minor, the two houses united shall name a Regency, proceeding according to the forms prescribed by Article 84 of the present Constitution. The members of the Regency enter upon their functions only after having taken solemnly, before the two houses united, the oath pre- scribed by Article 87 of the present Constitution, Art. 89, If the King finds himself unable to reign, the ministers, after having caused this impossibility to be established legally, im- mediately convoke the houses. The latter name the Regency, which shall exercise at the same time the tutelage. Art, 90, No modification can be made in the Constitution during the Regency. Art. 91, The King can not be at the same time head of another State without the consent of the two houses. Neither of the two houses can deliberate on this question, if at least two thirds of the members which compose it are not present, and the decision can only be taken by the majority of two thirds of the votes of the members present. Art, 92, The person of the King is inviolable; his ministers are responsible. No act of the King can have effect, if it is not countersigned by a minister, who by that alone makes himself responsible. Art, 93, The King appoints and dismisses his ministers. He sanctions and promulgates the laws. He may refuse his sanction. He has the right of amnesty in political matters. He has the right to remit or reduce the punishment in criminal cases ; except what is decreed relative to the ministers.^ He can not suspend the course of proceedings or of decisions nor intervene in any manner in the administration of justice. He names or confirms in all the public offices. He can not create a new office without a special law. He makes the regulations necessary for the execution of the laws without the power ever to modify or suspend the laws themselves or dispense with their execution. He is head of the army. He confers the military grades, conforming to the law. He may confer the Roumanian decoration, conforming to the law. 1 See Article 103 (below, p. 532). ROUMANIA. 531 He has the right to coin money, conforming; to a special hxw. He conchides with foreign States conventions of commerce, of navigation, and others of the same nature; but in order that these acts may have obligatory force, it is necessary that they be first submitted to the legislative power and approved l)y it. Art. 94. The law fixes the civil list for the duration of each reign. Akt. 95. The Chamber of Deputies and the Senate meet without convocation on 15 November of each year, if the King has not con- voked them before. The duration of each session is three months. At the opening of the session, the King sets forth the state of the country in a message to which the houses respond. The King pronounces the closing of the session. He has the right to convoke the houses in extraordinary session. He has the right to dissolve the two houses either simultaneously or separatel3\ The act of dissolution should include the convocation of the electors within two months and of the houses within three months. The King can adjourn the houses; however, the adjournment can not exceed the term of one month nor be renewed in the same session without the assent of the houses. Art. 96. The King has only those powers granted to him by the Constitution. SECTION 2. THE MINISTERS. Art. 97. No one can be minister, if he is not Roumanian by birth or has not received naturalization. Art. 98. No member of the reigning family can be minister. Art. 99. If the ministers are not members of a house, they may take part in the debates there, but have not the right to vote. One minister, at least, must be present at the deliberations of the houses. The houses can require the presence of the ministers at their de- liberations. Art. 100. In no case can the verbal or written order of the King relieve a minister from responsibility. Art. 101. Each of the two houses and the King have the right to impeach the ministers and to arraign them before the High Court of Cassation and of Justice, which alone has the right to try them, in full bench, except in so far as shall be enacted by law as to the exer- cise of civil action by the injured party and except the crimes and offenses which ministers shall have committed outside of the exercise of their functions. The impeachment of ministers can be pronounced only by a two- thirds majority of the members present. 532 CONSTITUTIONS OF THE STATES AT WAR. A law shall be presented at the next session to determine the cases of responsibility, the penalties to be inflicted on ministers and the mode of procedure against them, whether on accusation admitted by the national representation or on the suit of the injured parties.^ The accusation directed by the national representation against the ministers shall be sustained by it. The accusation directed by the King shall be sustained by the pub- lic prosecutor. Art. 102. Until this is provided for by the law anticipated by the preceding article, the High Court of Cassation and of Justice shall have power to characterize the crime and determine the penalty. However, the penalty can not be made stronger than imprisonment, without prejudice to cases provided for by the penal laws. Art. 103. The King can remit or reduce the penalty applied to the ministers by the High Court of Cassation and of Justice only on the request of the house which has impeached them. CHAPTER III. THE JUDICIAL POWER. Art. 104. No jurisdiction can be established except by virtue of a law.^ Extraordinary commissions and tribunals can not be created under any pretext or under any denomination whatever. There is one single Court of Cassation for all the Roumanian State.3 Art. 105.* The jury is established in all criminal matters and for political offenses and those of the press ; the suit for damages result- ing from acts and offenses of the press can not be brought except before the same jurisdiction. Only the commission of jurymen shall judge and decide on the damages and their amount. CHAPTER IV. DISTRICT AND COMMUNAL INSTITUTIONS. Art. 106. The district and communal institutions are regulated by the laws.^ Art. 107. These laws shall have for base a more complete adminis- trative decentralization and the communal independence. ^ Law of 2/14 May 1879 on ministerial responsibility. 2 Law of 9/21 July 1865 on the organization of the judiciary, amended many times. See Darbstb^ op. cit., p. 250, note 1. ^ Law of 24 January/5 February 1861 creating a Court of Cassation, amended by the Law of 30 June/13 July 1905 and by the Law of 7/20 March 1906. ^ As amended 8/20 June 1884. 5 Law of 31 March/12 April 1864 on district councils, amended in 1885, 1886, 1894 and 1905. Law of 23 July/4 August 1894 on the organization of urban communes, amended in 1905. Law of 26 April/9 May 1904 on the organization of rural communes. ROUMANIA. 533 Title IV. — Finances.^ Art. 108. Every impost is established only for the profit of the State, of the district or of the commune. Art. 109. No impost for the profit of the State can be established or collected except by virtue of a law. Art. 110. No charges or imposition for the profit of the district can be established except with the consent of the council of the district. No communal charge or imposition can be established except with the consent of the communal council. The imposts voted by the district and communal councils must obtain the confirmation of the legislative power and the sanction of the King. Art. 111. No privileges may be established in the matter of imposts. No exemption or moderation of impost can be established except by law. Art. 112. No pension or gratuity at the charge of the public treasury can be granted except by virtue of a law. Art. 113. Each year the Chamber of Deputies decrees the law of accounts and votes the budget. All the receipts and expenditures of the State must be carried in the budget and in the accounts. The budget shall always be presented to the Chamber of Deputies a year before its application, and it shall be definitive only after having been voted by it and sanctioned by the King. If the budget has not been voted in time, the executive power shall provide for the public services, in conformity to the budget of the preceding year, without powers, however, to apply this budget more than one year beyond the year for which it has been voted. Art. 114. The final regulation of the accounts shall be presented to the Chamber at the latest within the period of two years counting from the close of each fiscal period (exercice) . Art. 115. The financial laws shall be published in the official bidletin as are the other laws and regulations of public adminis- tration. Art. 116. There is for all Roumania a single Court of Accounts.^ Art. 117. The various foundations providing hitherto special funds, of which the government disposes by different rights, shall be included in the general budget of the revenues of the State 1 Law of 5/17 March 1897 on the organization of the financial administration of the Slate. 2 Law of 28 January/9 February 1895 on the organization of the High Court of Accounts. 534 CONSTITUTIONS OF THE STATES AT WAR. Title V. — The Armed Force. Art. 118.^ Every Koumanian is a part of one of the elements of the armed force, conformably to the special laws." Art. 119. Soldiers can be deprived of their grades, honors and pensions only by virtue of a judicial sentence and in the cases de- termined by the laws. Art. 120. The contingent of the army is voted annually. The laws which fixes this contingent has force only for one year. Art. 121.^ The national guard is and remains abolished. Art. 122. No foreign troops can be admitted to the service of the State, occupy or traverse the territory of Koumania, except by virtue of a law. Title VI. — General Provisions. Art. 123. The colors of Koumania remain, as in the past, blue, yel- low and red. Art. 124. The city of Bucharest is the capital of Koumania and the seat of the government. Art. 125. No oath can be imposed except by virtue of the law which shall also at the same time determine the formula thereof. Art. 126. No law or regulation of general, district or communal administration can have obligatory force until after having been published in the form determined by the law. Art. 127. The Constitution can not be suspended in whole or in part. Title VII. — ^Ttie Revision of the Constitution. Art. 128. The legislative power has the right to declare that there is occasion for the revision of such provision of the Constitution as it designates. After this declaration, read three times fortnightly in public meet- ing and approved by the two houses, the latter are dissolved ipso facto and they shall be convoked anew within the period prescribed by Article 95. The new houses determine, in common accord with the King, upon the points submitted to revision. In this case, the houses can not deliberate, if at least two thirds of the members who compose each of them are not present, and no change shall be adopted, if at least two thirds of the votes do not agree. lAs amended 8/20 June 1884. 2 See below the note under Article 131, No. 9. KOUMANIA. 535 Title VIII. — Transitory and Supplementary Provisions. Art. 129. From the day when the Constitution shall be executory, all laws, decrees, regulations and other acts which are contrary are abrogated. Art. 130.^ The Council of State, with the attributions of admin- istrative contest, can not be reestablished. The Court of Cassation shall pronounce, as heretofore, on the con- flict of attributions. A permanent connnission shall be established which shall have no other attributions than to study and elaborate projects of law and the rules of public administration. Under-Secretaries of State shall be appointed. They shall have power to take part in the debates of the legislative bodies under the responsibility of the ministers. Art. 131.^ The following objects shall be provided for, in the shortest possible period, by separate laws : 1. Administrative decentralization. 2. The responsibility of the ministers and other agents of the executive power.- 3. Measures proper to prevent the abuses of cumulation.^ 4. The modification of the pension law. 5. The conditions of admission and advancement in the admin- istrative offices. 6. The development of the ways of communication. 7. The exploitation of mines and forests. 8. The rivers and streams navigable or available for rafts. 9. The organization of the army,* the laws of advancement and retirement and the different positions of the officers. 10. Military justice.^ All existing codes and laws shall be revised to be placed in agree- ment with the Constitution.® Art. 133.^ The lands of those formerly liable to statute-labor (clacasi), of their descendants newly married {insuratsi) and the inhabitants who have bought or shall buy in small lots from the lAs amended 8/20 June 1884. 2 See the note under Article 101 (above, p. 532). ' Law of 30 June/12 July 1890 prohibiting the cumulation of public offices. ■* Law of 8/20 July 1882 on the recruiting of the army, amended in 1883, 1887, 1891, 1898, 1900 and 1903. Law of 25 February/10 March 1900 on the administration of the army. Law of 22 May/3 June 1898 on the organization of the navy, amended in 1906. 5 Code of Military Justice of 27 April/9 May 1873. 8 Civil Code of 1864. Code of Civil Procedure of 1865, revised in 1900. Penal Code of 1874. Code of Penal Procedure of 1864. Code of Commerce of 1887, amended in 1895 and 1900. 536 CONSTITUTIONS OF THE STATES AT WAR. property of the State are and shall be inalienable during 32 years, dating from the promulgation of this law. The power of alienating the land of their habitation shall however be granted by special laws to the inhabitants included within the radius of an urban commune. Inalienability is applied equally to the lands sold by the State in small lots on the territory of Roumania beyond the Danube. The exchanges of land for other lands do not enter into the prohibition of the present law. The exchanges referred to here can be made only against lands of the same extent and value.^ Additional Article.^ The provisions of the present Constitution shall be applied by special laws in tlie part of Roumania which is beyond the Danube. 1 Law of 15/27 August 18(>4 regulating rural property. 2 Added O'20 June 1884. See Daueste, op. cit., p. 255, uote 2. RUSSIA. The fundamental principle of government of Russia was pure autocracy until 1906. The political institutions had no root in what might be called the national rights of Russia, but were the results simply of administrative measures modified by the Czar at his pleas- ure. The first ukase announcing general i-e forms appeared on 12/25 December 190-i. These reforms were to apply to certain definite points, such as religious liberty, liberty of the press, civil liberty, etc. Numerous ukases were promulgated in 1905 for putting into execu- tion a part of these reforms. On 6/19 August 1905 the Czar issued regulations for the election of a national representative body upon a restricted suffrage. This concession did not satisfy the liberal elements, and on 17/30 October an Imperial Manifesto promised : 1. To grunt to the population the immutable guai'anties of civil liberty, upon the basis of real inviolability of person, of liberty of conscience, of speech, of assembly and of association. 2. To permit the participation in the Duma of the Empire, as far as pos- sible within the brief period of time remaining before the convocation of the I>uiua and without interrupting the progress of the elections to that assembly, of those classes of the population who are now completely deprived of electoral riglits, leaving the further development of the principle of universal suffrage to the newly established legislative procedure. 3. To establish, as an immutable rule, that no law shall become effective without the approval of the Imperial Duma, and that the representatives of the people be guaranteed the possibility of exercising an effective supervision as to the legality of the acts of the imperial authoi'ities.^ The liberal election law of 11/24 December 1905 - and the Funda- mental Laws of 23 April/6 May 1906 were steps toward the execution of these promises.^ FUNDAMENTAL LAWS OF 23 APRIL/6 MAY 1906.^ Article 1, The Russian Empire is one and indivisible. Art. 2. The Grand Duchy of Finland, forming an indivisible part of the Russian Empire, shall be governed in its internal affairs ' This text is a free translation of the French text published in the Journal de St. Petersbourg of 4 November 1905. 2 Soe note under Article 59 (below, p. 544). ^ These introductory paragraphs are based upon W. F. Dodd^ Modern Constitutions (Chicago, 1909), vol. ii, p. 181, and F. R. Daeeste et P. Dareste, Les Constitutions modcrucs (3d edition, Faris, 1910), vol. ii, pp. 148-151. ^ These laws constitute Part I of the Code {Svod) of laws of the Russian Empire. Translation based upon that in Doud, op. cit., pp. 182-195. French translation in Dareste, op. cit., pp. 151-163. German translation in Paul Posener, Die Staatsver- fassungeu des Erdhalls (Charlottenburg, 1909), pp. 801-816. 8S3S1— 19 35 537 538 CONSTITUTIONS OF THE STATES AT WAR. by special regulations established on the basis of a special legis- lature.^ Art. 3. The Russian language is the official language of the Empire and its use is obligatory in the army, the navy and all governmental and public institutions. The use of local languages and dialects in governmental and public institutions shall be regulated by special laws. Chapter I. — The Nature of the Supreme Autocratic Power. Art. 4. The Emperor of all the Russias wields the supreme auto- cratic power. To obey his authority, not only through fear, but for the sake of conscience, is ordered by God himself. Art. 5. The person of the Emperor is sacred and inviolable. Art. 6. The same supreme autocratic power shall belong likewise to the Empress when the succession to the throne falls to a person of the female sex according to the established order; but her consort shall not be considered as Emperor; he shall enjoy the honors and privileges enjoyed by the consorts of Emperors, but without the title. Art. 7. The Emperor is vested with the legislative power jointly with the Imperial Council and the Imperial Duma. Art. 8. The initiative in all legislative measures^ belongs to the Emperor. Only through his initiative may fundamental laws be sub- mitted to the Imperial Council and the Imperial Duma for dis- cussion. Art. 9. The Emperor sanctions the laws and without his approval no law shall be put into execution. ^ When Finland was annexed to Russia in 1809, the Emperor Alexander I guaranteed the religion and the fundamental laws of the country. The fundamental laws thus guaranteed were the Swedish laws of 1772 and 1789, under which there existed a gen- eral Swedish Diet of four estates. A local Finnish Diet, containing representatives of the four estates, was at once convened, and accepted the Russian Emperor as Grand Duke of Finland. For about 90 years Finland retained its local institutions almost unim- paired, although the Diet was infrequently in session. According to a law approved by the Russian Emperor in 1869, no fundamental law could be enacted or altered without the consent of the estates. For some time before 1899 there had been a strong feeling among Russian officials that Finnish institutions should be assimilated to those of the rest of the Empire. When difficulty was apprehended in obtaining the passage of laws reorganizing the Finnish army and incorporating it with that of the Empire, the Emperor on 16 February 1899 issued a manifesto by which he withdrew from the Finnish Diet all power to legislate upon matters of " general interest and importance for the Empire." This step and others during the several succeeding years, tending to destroy the in- dependence of the Grand Duchy, were vigorously opposed by the Finnish people. In consequence of a general strike in October 1905, the Russian government was forced to yield. An Imperial Manifesto of 4 November 1905 annulled the obnoxious laws and con- vened the Finnish Diet. On 10 May 1906 a bill for the reform of representation in the Finnish Diet was approved by the Emperor and adopted by the Diet, By this law the Diet was organized into a single chamber of 200 delegates, of whom 60 formed a grand committee, somewhat similar to the Norwegian Lagthing. Members of the Diet are elected by direct universal suffrage, the right to vote being given to men and women who have attained the age of 24 years. The Diet holds annual sessions and its members are elected for three years upon a system of proportional representation. 2 But not the exclusive power of initiation with respect to ordinary legislation ; see Article 65 of this law (below, p. 545). russiA. 539 Art. 10. The administrative power in all its extent belongs to the Emperor Avithin the limits of the entire Russian Empire. The Em- peror acts directly in matters of supreme government ; in subordinate governmental matters a certain degree of power may be entrusted by him, in accordance with the law, to the competent officers and per- sons acting in his name and by his orders. Art. 11. The Emperor, in the exercise of the supreme powers of government, issues, in conformity with the laws, ukases for the organ- ization and the putting into execution of various parts of the govern- mental administration, as well as orders necessary for the execution of the laws. Art. 12. The Emperor has supreme control of all relations of ths Russian Empire wnth foreigTi Powers. He likewise determines the course of the international policy of the Russian Empire. Art. 13. The Emperor declares war and concludes peace, as well as other treaties with foreign countries. Art. 14. The Emperor is the supreme chief of the Russian army and navy. He is vested w^ith the supreme command of all land and naval forces of the Russian Empire. He determines the organization of the army and of the navy, and issues ukases and orders concerning the disposition of the troops, the placing of troops on war footing, their instruction, the advancement of soldiers and everything bearing on the organization of the armed forces and the defense of the Rus- sian Empire. The Emperor likewise, in the exercise of his supreme power, determines limitations with regard to right of residence and acquisition of real property in localities forming part of fortified legions and points of support for the army and the navy. Art. 15. The Emperor declares localities to be in a state of war or in an exceptional state. Art. 16. The Emperor has the right to coin money and to deter- mine its form. Art. 17. The Emperor appoints and dismisses the president of the Council of Ministers, the ministers and the chiefs of separate depart- ments, as well as other officials for whose appointment and dismissal no other mode of procedure has been established by law. Art. 18. The Emperor, in the exercise of supreme power, estab- lishes the limitations demanded by the State service. Art. 19. The Emperor grants titles, decorations and other official distinctions, as well as rights of ownership. He determines the condi- tions and procedure for the granting of titles, decorations and dis- tinctions. Art. 20. The Emperor issues directly ukases and orders with re- gard to property forming his own personal possessions, as well as with regard to property, known as the Emperor's possessions, which belongs always to the reigning Emperor and which can not be willed, 540 CONSTITUTIONS OF THE STATES AT WAR. divided or alienated in any way. The former as well as the latter possessions are not subject to taxation or to any other charges. Art. 21. The Emperor, as head of the imperial family, makes, in accordance with the rules governing the imperial house, provisions concerning the domains of the crown. He likewise determines the organization of the institutions belonging to the ministry of the imperial court, as well as the manner of their administration. Art. 22. The judicial power shall be exercised in the name of the Emperor by courts, established by law, whose decisions shall be issued in the name of the Emperor. Art. 23. The Emperor has the right to pardon condemned persons, to commute punishments and to pardon completely persons who have committed midemeanors or crimes, stopping proceedings against them and freeing them from trial and punishment, as well as to free them from all fines, through his imperial favor, and to grant privileges in special cases, which are not covered by general laws, in case no inter- ests or civil rights guaranteed by the law suffer through such action. Art. 24. The provisions of the Code (vol. I, pt. 1, edition of 1892) on the order of succession to the throne (Articles 3-lT), on the com- ing of age of the Emperor, on the regency and guardianship (Articles 18-30), on the accession to the throne and the oath of allegiance (Articles 31-34 and Appendix V), on the holy coronation and the anointment (Articles 35 and 36), on the title of His Imperial Majesty and the arms of the Empire (Articles 37-39 and Appendix I) and on religion (Articles 40-46)^ maintain the force of fundamental laws.^ 1 It may be of interest to give here the following translation of these articles on religion and the note appended to them : Art. 40. The religion which ranks first and dominates in the Russian Empire is the Eastern Catholic Orthodox Christian Religion. Art. 41. The P^mperor reigning on the throne of all the Russias can not belong to any other religion than the Orthodox Religion. Art. 42. The Emperor, in the character of Christian prince, is the sovereign defender and protector of the doctrines of the dominant religion as well as the guardian of the orthodoxy and sacred discipline in the Church. Art. 43. He exercises autocratic ecclesiastical power with the aid of the directing Holy Synod appointed by him. Art. 44. All the subjects of the Russian Empire, by birth or naturalization, as well as foreigners in the service of Russia or temporarily residing in Russia, who do not belong to the dominant religion, enjoy in all places the free exercise of their religion and of the particular ceremonies of their cult. Art. 45. Religious freedom belongs not only to Christians of other confessions, but even to Jews, Mohammedans and pagans ; in order that all the peoples who inhabit Russia may glorify Almighty God in their different languages, in the religion and cult of their fathers, blessing the authority of the Russian monarchs and beseeching the Creator of the universe to increase the prosperity and to strengthen the Empire. Art. 46. The ecclesiastical affairs of Christians of other confessions and of non- Christians in the Russian Empire are administered by the spiritual heads of the different cults and by the special authorities instituted for this purpose by the supreme power. Note. — The rule concerning the observance of religious tolerance and the limits of this tolerance form the object of detailed provisions contained in the various ustcws. 2 German translation of all of these articles of the Code in Posener, op. cit., pp. 803-811. RUSSIA. 541 Art. 25. The provisions concerning the imperial family (Code, vol. I, pt. 1. edition of 1892, Articles 82-179, and Appendices II-IV and VI), continuing to have the force of fundamental laws, may be amended and supplemented only by the Emperor himself in accord- ance with the procedure established by him, if the amendments and supplements to such provisions do not encroach upon general laws and do not require any new expenditures from the public treasury. xVrt. 26. The ukases and orders of the Emperor, issued directly by him or according to the procedure of the higher administration, shall be countersigned by the president of the Council of Ministers or by the competent minister or by the head of an administrative branch, and shall be published by the Senate. Chapter II. — The Rights and Duties of Russian Subjects. Art. 27. The conditions for the acquisition and loss of Russian citizenship shall be regulated by law. Art. 28. The defense of the throne and of the country is the sacred duty of every Russian subject. The entire male population, without distinction of classes, is liable to military service in accordance with the terms of the law. i^RT. 29. All Russian subjects are under the obligation to pay the taxes and dues established by law, and to fulfill all other legal obliga- tions imposed by law. Art. 30. No one shall be prosecuted for criminal offenses in any other manner than that established by law. Art. 31. No one shall be arrested except in the cases determined by law. Art. 32. No one shall be tried and punished except for criminal offenses provided for by penal laws in force at the time they were committed, unless new laws exclude the actions committed by the culprit from the category of criminal offenses. Art. 33. The domicile 'of everyone is inviolable. Domiciliary searches without the consent of the owner, seizures and confiscations shall take place only in the cases and in the manner provided by law. Art. 34. Every Russian subject shall have the right to select his place of abode and his occupation, to buy and sell property and to depart from the territory of the Empire without molestation. Lim- itations upon these rights are established by special laws. Art. 35. Property is inviolable. Expropriation of real property, when such is necessary for the public good or for the State, shall take place only for an equitable and adequate indemnification. Art. 36. Russian subjects have the right to assemble peacefully and without arms, for purposes not contrary to the laws. The law 542 CONSTITUTIONS OF THE STATES AT WAR. determines the conditions under which these meetings may be held, the manner of closing them and likewise the limitation as to the locali- ties where they may take place.^ Art. 37. Everyone shall have the right, within the limits pre- scribed by law, to express his thoughts orally, in writing, through the press or by other means. Art. 38. Eussian subjects have the right to form societies and asso- ciations for purposes not contrary to the laws. The conditions for their formation, their mode of functioning, the conditions to be ful- filled in order to obtain juridical personality, as well as the manner of dissolving societies and associations, are regulated by law.^ Art. 39. Eussian subjects shall enjoy liberty of conscience. The conditions under which this liberty is enjoyed shall be determined by law. Art. 40. All foreigners residing in Eussia shall enjoy the saioae rights as Eussian subjects within certain limitations established by law. Art. 41. Exceptions from the provisions of this chapter, with re- gard to localities in a state of war or in an exceptional state, shall be indicated in special laws. Chapter III. — The Laws. Art. 42. The Eussian Empire shall be governed in accordance with the immutable principal of law, promulgated according to the estab- lished procedure. Art. 43. The laws are binding upon all Eussian subjects without exception and upon all foreigners residing in Eussia. Art. 44. No new law shall be promulgated without the approval of the Imperial Council and of the Imperial Duma nor become effective without the sanction of the Emperor. Art. 45. During the recess of the Imperial Duma, if extraordinary circumstances require the adoption of a measure which should be made the subject of legislative deliberation, the Council of Ministers may present such a measure directly to the Emperor. Such a measure shall not, however, introduce any changes in the fundamental laws of the Empire or in the organization of the Imperial Council or of the Imperial Duma or in the electoral laws for the Council and the Duma. The legal force of such a measure ceases, if it is not submitted to the Imperial Duma, within two months after that body has re- sumed its work, bj' the competent Ininister or by the head of an 1 Temporary law on assemblies, of 4/17 March 1906. 2 Temporary law on associations and unions, of 4/17 March 1906. RUSSIA. 543 administrative branch, in the form of a project of law ; or if such measure is rejected by the Imperial Council or the Imperial Duma. Art. 46. Laws enacted for a certain locality or for a cei'tain part of the population are not repealed by new general laws, unless such new laws specificall}' repeal them. Art. 47. Every law shall have force only for the future, except in the cases when it is stated in the law itself that it is retroactive, or that it is only a confirmation or explanation of the sense of a law already existing. Art. 48. The custody of the laws is entrusted to the Senate. For this reason every law shall be sent in the original or in a certified copy to the Imperial Senate. Art. 49. The laws are published by the Senate in the established order, and are not in force until such publication. Art. 50. Legislative measures shall not be published, if the pro- cedure in enacting them does not correspond with the requirements of these fundamental laws. Art. 51. After its publication, the law becomes effective from the date fixed in the law itself and, should such a date not be fixed, from the day the publication of the Senate, in which the law is printed, reaches the various localities of the Empire. It may be provided in the law itself that, until its publication, it may be put into execution by telegraph or by couriers. Art. 52. A law shall not be repealed in any other way except by a new law. Therefore, until the existing law has been expressly re- pealed by a new law, it remains in force. Art. 53. No one may plead ignorance of the law. after the law has been published in accordance with the established order. Art. 54. Eegulations concerning building, technical and economic departments, as well as orders and regulations issued to institutions and officers of the military and naval departments, after having been axamined by the Military Council or the Admiralty Council, shall be submitted directly to the Emperor, if such regulations, orders and measures concerning the above-mentioned departments do not en- croach upon the general laws and do not require new expenditures, or if the expenditures required are covered by the expected economies realized in the military and naval budgets respectively. In the case when the new expenditure can not be covered by the above-mentioned economies, such orders, regulations and measures shall be submitted to the Emperor only after the necessary credit has been demanded in accordance with the established forms. Art. 55. Regulations regarding militar}' and naval courts shall be issued in accordance with the forms established in the military and naval law. 544 CONSTITUTIONS OF THE STATES AT WAR. Chapter IV. — The Imperial Council, the Imperial Duma and THE Mode of Their Activity. Art. 56. The Imperial Council and the Imperial Duma shall be- convened annuall}^ by ukase of the Emperor. Art. 57. The duration of the annual session of the Imperial Coun- cil and of the Imperial Duma and the dates for adjournments during the year shall be fixed by ukase of the Emperor. Art. 58. The Imperial Council shall be composed of members appointed by the Emperor and members chosen by election. The total number of members of the Imperial Council, appointed by the Emperor and summoned to the Council, shall not exceed the num- ber of members chosen by election.^ Art. 59. The Imperial Duma shall be composed of members elected b}' the population of the Russian Empire for a term of five years, in accordance with the principles established by the laws regulating the elections to the Imperial Duma.^ 1 The Imperial Council as a legislative body was instituted by the Imperial Ukase of 20 February/o March 1906, superseded by the Ukase of 24 April/7 May 1906. There is a French translation of the latter in Dareste^ op. cit., pp. 171—180. The elected members of the Council are chosen by: (1) The clergy of the Russian Orthodox Church; (2) the pro- vincial zemstvos ; (3) the assemblies of the nobility ; (4) the Imperial Academy of Science and the imperial universities ; (5) the council of trade and commerce, the Moscow section of such council, the local committees of commerce and manufactures, committees of ex- change and boards of trade. The Russian Orthodox Church chooses 6 members ; each pro- vincial zemstvo, 1 ; the assemblies of the nobility, 18 ; the Imperial Academy of Science and the universities together, 6 ; the council of trade and commerce together with commit- tees of commerce and boards of trade elect 12 members. All of these elections take place indirectly by means of electoral colleges for each of the 5 classes of electors, each class choosing its members in a separate electoral body. The elected members of the Imperial Council are chosen for 9 years, in such a manner that one third of each class shall retire every third year. - The Duma was instituted by the Imperial Ukase of 6/19 August 1905 and the first elec- tion regulations were issued on the same day. These i-egulations provided for indirect elec- tions with a limited suffrage. By manifesto of 17/30 October 1905 the Emperor promised an extension of the suffrage, and such extension was accomplished by the Ukase of 11/24 December 1905. By this instrument the right to vote for electors in the urban electoral colleges was extended: (1) To all persons who for 1 year had owned or possessed a life estate in real property assessed for State or municipal taxes (under the August regulations there had been a tax qualification of from 500 to 3,000 rubles for this class of voters) ; (2) to all persons who for 1 year had conducted a commercial enterprise for which an in- dustrial certificate was required ; (3) to persons who had resided within the town and paid a lodging tax for 1 year; (4) to persons who for 1 year had paid a tax on personal industry ; (5) to persons occupying, for the period of 1 year, an apartment rented in their own names ; (6) to persons receiving certain State or local pensions. Laborers, who, by the election regulations of 6/19 August 1005. were practically excluded from the right to vote, were permitted by the Ukase of 11/24 December to choose electors to the provincial and urban electoral colleges. As the peasants had already been granted the right to vote, the December regulations went far toward establishing universal male suffrage. The system of indirect elections was retained and was extended in the case of the new electoral class of laborers. The Ukase of 20 February/5 March 1906 provided for the internal organization and procedure of the Duma. There is a French transla- tion of this Ukase in Dareste, op. cit., pp. 164-171. Under the above-mentioned provisions the first Duma assembled on 27 April/10 May 1906 ; it was dissolved on 9/22 July 1906. The second Duma met on 20 February/5 March 1907 ; it was dissolved on 3/16 June 1907, because of its failure immediately to surrender, upon the demand of the government, 55 social democratic members accused of plotting against the government ; the third Duma met on 1/14 November 1907. In violation of RUSSIA. 545 Art. 00. The Imperial Council examines the credentials of its members chosen by election. The Imi)eri;il Duma examines in a like manner the credentials of its nieml)ers. Airr. 61. Xo one shall be at the same time a member of the Imperial Council and a member of the Imperial Duma. Art. 62. The members of the Imperial Council chosen by election ma}'^ be replaced by new members before the expiration of their man- date, b}' ukase of the Emperor, which shall at the same time order new elections of members to the Imperial Council. Art. 6.3. The Imperial Duma may be dissolved by ukase of the Emperor before the expiration of the quinquennial mandate of its members. The same ukase shall order new elections of members to the Imperial Duma and shall fix the time of its meeting. Art. 64. The Imperial Council and the Imperial Duma enjoy equal richts in matters of legislation. Art. 05. The Imperial Council and the Imperial Duma, in the course of their functions as determined by the laws establishing them, have the right to propose the amendment *or repeal of existing laws or the enactment of new laws, with the exception of the fundamental laws of the Empire, the initiative foi- the revision of which belongs exclusively to the Emperor. Art. 66. The Imperial Council and the Imperial Duma, in the course of their functions as determined by the laws establishing them, have the right to demand explanations from the ministers and from the heads of administrative branches, subordinate to the Sen- ate, with regard to actions of apparent illegality on their part or on the part of officers subordinate to them or to their offices. Art. 67. The Imperial Council and the Imperial Duma shall have power, in the course of their functions as determined by the laws establishing them, to deliberate concerning all matters placed within their authority by the laws creating these bodies. Art. 68. Projects of law shall be discussed in the Imperial Duma, and upon its approval shall be submitted to the Imperial Council. Projects of law. elaborated by the Imperial Council, shall be dis- cussed in the Council and upon its approval shall be submitted to the Imperial Duma. Art. 69. Projects of law not adopted by the Imperial Council or by the Imperial Duma shall be considered as rejected. the fundamental laws, the Emperor, at the time of dissolving the second Duma, issued a new election law. By this law elections were to be held by distinct classes of voters. The classes are: (1) Landed proprietors; (2) urban electors, divided into 2 classes according to the amount of taxes which they pay; (3) peasants; (4) laborers. The landed proprietors and the richer classes gained an Increased influence in the elections ; the influence of peasants and laborers was reduced. The large industrial centers lost their special representation. The total number of representatives was reduced from 524 to 442, the curtailment being principally in the non-Russian portions of the Empire ; the Polish representation was reduced from 40 to 14. 546 CONSTITUTIONS OF THE STATES AT WAR. Art. 70. Projects of law, elaborated by the Imperial Council or by the Imperial Duma, and not approved by the Emperor, shall not again be presented in either of these bodies for consideration during the same session. Projects of law, elaborated by the Imperial Coun- cil or by the Imperial Duma and rejected by one of these bodies, may be again presented to these bodies for consideration during the same session, if the Emperor should order it. Art. 71. Projects of law, presented to the Imperial Duma and approved by the latter and by the Imperial Council, and projects of law, elaborated by the Imperial Council and approved by the latter and by the Imperial Duma, shall be submitted to the Emperor by the president of the Council of Ministers. Art. 72. In the revision of the budget, the sums destined for the covering of government loans and other indebtedness contracted hj the Russian Empire shall not be excluded or curtailed. Art. 73. Credits for the expenses of the ministry of the imperial court, as well as those for the institutions subordinate thereto, in sums not exceeding those assigned in the budget of .1906, shall not be sub- mitted for discussion before the Imperial Council or the Imperial Duma. Likewise, changes made in the above-mentioned credits by virtue of the regulations regarding the imperial family, on account of changes made in such regulations, shall not be subject to discussion either in the Imperial Council or in the Imperial Duma. Art. 74:. Should the budget not be approved before the beginning of the fiscal year, the last budget approved according to the legal forms shall remain in force with only the modifications introduced by laws passed since its establishment. Until the publication of the new budget, credits may be gradually opened by order of the Council of Ministers and placed at the disposal of the various ministers and principal branches of administration in amounts absolutely neces- sary, which shall not, however, exceed one twelfth of the total amount of the expenditures fixed by the budget. Art. 75. Extraordinary credits for the needs in time of war and for special preparation preceding war may be opened in all branches of the government, by virtue of the powers of the supreme admin- istration in the manner prescribed by law. Art. 76. Government loans to cover ordinary budgetary and ex- traordinary expenditures may be granted in accordance with the pro- cedure established for the approval of the budget of expenditures and revenues of the Empire. Government loans for the purpose of cover- ing expenditures, in cases and within the limits provided by Article 74, as well as loans for the purpose of covering expenditures mentioned in Article 75, may be authorized by the Emperor, by virtue of the powers of the supreme administration. The duration and conditions RUSSIA. 547 of loans are fixed by virtue of the powers of the supreme administra- tion. Art. 77. If the project giving the number of men necessary for the recruiting of the army and the navy has been submitted in time to the Imperial Duma and a law regarding this matter shall not have been enacted in the regular manner by 1 May, the Emperor may, by ukase, call to the colors the necessary number of men; this number, however, shall not exceed that recruited in the previous year. Chapter V. — The Council of Ministers, the Ministers and the Heads of Administrative Branches. Art, 78. The direction and unification of the actions of the min- isters and of the heads of administrative branches in matters bearing upon legislation as well as in the higher governmental administration shall belong to the Council of Ministers and shall be based on prin- ciples determined by law.^ Art. 79. The ministers and heads of administrative branches have the right to vote in the Imperial Council and in the Imperial Duma only if they are members of these bodies. Art. 80. The obligatory orders, instructions and regulations, issued by the Council of Ministers, by the ministers and the heads of admin- istrative branches, as well as by other persons authorized by law to take such action, shall not be in violation of the law. Art. 81. The president of the Council of Ministers, the ministers and the heads of administrative branches shall be responsible to the Emperor for the general coarse of the governmental administration. Each of them shall be individually responsible for his actions and orders. Art. 82. The president of the Council of Ministers, the ministers and heads of administrative branches incur the civil and criminal responsibility, in accordance with the provisions of the law, for all criminal offenses committed in the discharge of their duties. ^ The Council of Ministers was organized by the Imperial Ukase of 19 October/l Novem- ber 1905. The president of the Council has the right to require information from all other ministers and to represent the general administration in the Imperial Council and the Imperial Duma. No general administration measure can be adopted without the action of the Council of Ministers. SAN MARINO. Embraced in the area of Italy is the independent Republic of San. Marino, which claims to be the oldest State in Europe. Its institu- tions go back to the remotest times and were founded on no written document. The Af^^nngo, or assembly of the heads of families, which was sovereign, delegated its powers in 1652 to the Great Council (generale Consiglio Pnncipe) of 60 members who since that time have been chosen by coon;tion, 20 from among the nobility, 20 from the citizens of the town and 20 from the inhabitants of the rural dis- trict. This Council elected two of its members Regents (Capitani reggenti) . whose offices, purely gratuitous, expired every six months. The popular election of councilors instead of the more ancient method was brought about as a result of the convocation of the Arringo generale^ which met on 25 March 1906 and pronounced it- self by a great majority in favor of the reform. An " Electoral Regu- lation for the General Election of the Prince and Sovereign Coun- cil " was adopted on 5 May 1906 and the first elections took place on 10 and 17 June 1907. On 24 July 1907 the Council took the name of Grand General Council and the quorum was reduced from 40 to 30. A smaller council consists of 12 members and is divided into 4 sections : Congresso Economico dl Stato, Congresso del Leg all., Con- gresso degli Studi, Congresso Militare. The law given below supple- ments and modifies the provisions contained in the Electoral Regu- lation of 5 May 1906 and is included here, because it contains prin- ciples of a constitutional character. All the successive governments in Italy have respected the independence of the Republic of San Marino.^ LAW or 29 AUGUST 1907.2 On the Election or Members of the Grand Council. CHAPTER I. conditions REQUIRED OF ELECTORS. Art, 1. All native or naturalized citizens of San Marino are electors. 1 This introductory paragraph is based upon F. R. Dareste et P. Dareste^ Lcs Con- stitutions modernes (3d edition, Paris, 1910), vol. i, pp. 757-758. 2 Promulgated by decree of the Grand Council of 10 September 1907. Translated by Julia K. Kernan from the French translation in the Annuaire de legislation etrangere, 37 (1907) : pp. 498-505. See the Electoral Regulation of 5 May 1906 in the Annuaire de legislation etrangere, 36 (1906) : pp. 355-359. 549 550 CONSTITUTIONS OF THE STATES AT WAR. Art. 2. The following are deprived of the right to vote : (a) women ; (h) persons prohibited from and incapable of voting by reason of mental infirmity; (c) individuals permanently or temporarily de- prived of their full judicial capacity, and those condemned to punish- ment for crimes {reati) or for electoral corruption. Art. 3. The elector shall exercise his right to vote only in the parish wherein he has his civil domicile; and, should he remove therefrom outside of the territory of the Republic, he shall exercise his political rights in the parish wherein he had his last domicile or his last residence, the choice of the parish wherein the voting shall take place being permitted only to those electors whose last domicile or last residence it is impossible to determine, provided that they make the request to the registrar general after 1 January and before 15 February of each year. chapter ii. formulation of the euectoral lists. Arts. 4^7.^ chapter iii. the electoral districts. Art. 8. For the elections the territory of the Republic is divided into as many electoral districts as there are parishes. Art. 9. Each parish has the right to elect a number of councilors proportionate to the number of its inhabitants, namely: Parish. Councilors. Metropolitan (della Pieve) 12 The Borgo 10 Seravalle 12 Faetano 6 Montegiardino 4 Chiesa nuova 4 Acquaviva , 4 Domagnano . 4 Fiorentino 2 San Giovfinni 2 Art. 10. There may be elected from each parish not only those who have their domicile therein, but also those domiciled in any other parish whatever of the Republic. chapter iv. procedure for voting. Arts. 11-28.^ chapter v. verification of the elections. Arts. 29-36.^ 1 These articles contain merely technical details and are therefore omitted. SAN MARINO. 551 CHAPTER VI. CONDITIONS OF ELIGIBILITY. Art. 37. Independently of the other general conditions required of electors and mentioned in xlrticles 1 and 2, the following require- ments are exacted and indispensable for eligibility: a. To be able to read and write. h. To have reached the age of 25 years. c. To have no ecclesiastic character. d. To be domiciled in the Republic. Art. 38. The following can not be councilors simultaneously: Father and son, or two brothers living together and not having divided their common property or patrimonial estate. In verifying simultaneous elections, that of the candidate obtain- ing the greatest number of votes is considered valid. In case of successive elections, the mandate obtained by the first is a cause of ineligibility for the second. chapter VII. RENEWAL OF THE COUNCIL. Art. 39. The council is renewed by thirds every three years. For the first two triennial periods (counting from the general elections of 10 June 1906), the end of the mandate shall be deter- mined by drawing lots; after which the determining factor shall be seniority. The councilors going out of office may always be reelected. Art. 40. If, in the course of a triennial period, a seat becomes vacant for any cause whatsoever, a new election shall not take place immediately, unless the number of councilors lacking is more than one twelfth of the entire assembly. If this last contingency does not arise in the course of the first two triennial periods, the third of the number of councilors to be drawn by lot shall be diminished by a corresponding number of vacant seats. When the end of the mandate is determined by seniority, the third to be renewed is, on the contrary, increased by a corresponding num- ber of vacant seats, and the last elected in excess of the third of the entire assembly shall replace those who shall have left the Council at the first renewal. The same plan of renewal shall be followed in case it becomes necessary to replace five or more councilors, who have vacated their seats during the course of a triennial period. Art. 41. Complementaiy elections shall not be held, even in the case covered by the preceding article, if the councilors shall vacate their seats during the last six months of the triennial period. Art. 42. In case the Council loses more than one half of its mem- bers through resignation or some other extraordinary cause, it shall be renewed integrally. 552 CONSTITUTIONS OF THE STATES AT WAR. In such case it belongs to the Most Excellent Regency to convoke the electoral assemblies, to regulate and conduct to good issue all the electoral proceedings, in conformity with the present law, CHAPTER VIII. GENERAL RULES. Art 43. The electoral assemblies are convoked by decree of the Council and are notified to the public at least one month before the date of the convocation. Art. 44. The elector who removes his domicile and his residence into another parish has the right to be entered upon the electoral list of that place, on the condition that he address a request to that effect to the registrar general after 1 January and before 15 Feb- ruary. Art. 45. If, after a triennial or general renewal, the Captains Regents are deprived of their seats as councilors, they shall neverthe- less continue in office for the rest of the six months with the some powers and the same prerogatives. Art. 46. Without prejudice to the sanctions promulgated by Ar- ticles 478 and 479 of the Penal Code in force, the punishment pre- scribed by the latter article shall be applicable to all other attempts, against the free exercise of political rights, even if committed by other means than those covered in the said article. SERBIA. From the insurrection of Karageorge in 1804 until 1826 the Serbs fought for their independence. The Additional Act of the Akkernian Convention of 7 October 1826, ratified three years later by Article 6 of the Treaty of Adrianople, raised the pashalic of Belgrade to an autonomous and tributary principality under the suzerainty of the Porte and the protectorate of Russia. Since that time the following constitutional measures have been promulgated: 1. The Constitution of 15 February 1835 (171 articles) which created a Council of State of 22 permanent members charged with the elaboration of the laws. The Skupshtina, which was to meet only two days each year, preserved scarcely any powers but those of a Chamber of Registry. 2. The Hatt-i-sherif of 12/24 December 1838, which was promul- gated at Belgrade on 2 March 1839 under the name of Ustav or statute (66 articles). This document entrusted the legislative power to a Senate, whose members were under the jurisdiction of the Porte, 3. The Law of 3 May 1858, reforming the Ustav, but this law was soon after abrogated. 4. The Constitution of 29 June/11 July 1869, passed by the Great Skupshtina and promulgated by the Council of Regenc3\ Nearly ten years later the final independence of Serbia with regard to the Porte was recognized by Article 34 of the Treaty of Berlin of 13 July 1878. but at the same time the conditions set forth in Article 35 of the same treaty were attached thereto. These conditions, rela- tive to the liberty of conscience and of worship, are the same as those imposed (Article 27) on Montenegro.^ On 22 February/6 March 1882 the National Skupshtina proclaimed - the raising of the princi- pality into a kingdom, and, in the terms of the law of the same date,^ Prince ^lilan Obrenovitch IV became Milan I, King of Serbia. 5. The Constitution of 22 December 1888/3 Januarj^ 1889,* which lived scarcely more than five years. On 9/21 May 1894 a royal procla- mation ^' suspended the Constitution of 1888 and put back into force that of 1869. ^ See above, p. 407. ^ French translation in the British and Foreign State Papers, 73 : pp. 737-739. 3 English translation in the British and Foreign State Papers, 73 : p. 798. ^ French translation in the British and Foreign State Papers, 81 : pp. 508-540. ° See the British and Foreign State Papers, 86 : p. 987. 88381—19 36 553 554 CONSTITUTIONS OF THE STATES AT WAR. 6. Seven years later the Constitution of 1869 disappeared again, in order to give place to a new charter, which was proclaimed on 6/18 April 1901.^ This Constitution contained a great innovation, namely, the institution of a Senate. On 2 June 1903 the national representa- tion decreed unanimously that the Constitution of 1888 be put back into force and proclaimed Peter Karageorgevitch King of Serbia as Peter I. 7. On 5/18 June 1903 there appeared in the official journal the Con- stitution adopted by the national representation with the modifica- tions and additions rendered necessary by the change of dynasty. In the main this Constitution reproduces almost word for word that of 1888. The ephemeral institution of a Senate disappeared with the Constitution of 1901.^ CONSTITUTION OF 5/18 JUNE 1903.=^ Part I. — The Form or Government, the State Religion and the Territory or the Kingdom. Article 1. The Kingdom of Serbia is an hereditary and con- stitutional monarchy with national representation. Abt. 2. The arms of the Kingdom of Serbia are the spread eagle of silver on an escutcheon of gules with the royal crown. The two heads of the eagle of silver are surmounted by the royal crown ; each talon holds a fleur-de-lis. The eagle bears on his breast the arms of the Principality of Serbia, " a cross of silver on a field of gules with a gTin between each of the four branches." The national colors are red, blue and white. Art. 3. The State religion of Serbia is the Eastern Orthodox Religion. The Serbian Church is autocephalous. It is not dependent on any foreign Church; it always preserves dogmatic unity with the Uni- versal Eastern Church. Art. 4. The territory of the Serbian State can be neither alienated nor divided. Its limits can be neither diminished nor modified without the assent of the Grand National Skupshtina.* But in what concerns the rec- 1 French translation in the British and Foreign State Papers, 94 : pp. 199-217. Ger- man translation in Paul Posbner, Die Staatsverfassungen des Erdhalls (Charlottenburg, 1909), pp. 863-879. 2 These introductory paragraphs are based upon F. R. Darbste et P. Darbstb, Les Constitutions modernes (3d edition, Paris, 1910), vol. ii^ pp. 257-259. 3 This Constitution is based on the Constitution of 22 December 1888/3 January 1889 and is like it except as indicated in the footnotes. Translated by Otis G. Stanton from the French translation of the Constitution of 1888 in the British and Foreign State Papers, 81 : pp. 508-540, and from the French translation of the modifications of 1903 in the British and Foreign State Papers, 108 : pp. 566-574. See also the Annuadre de legis- lation etrangire, 18 (1888) : p. 838, and 33 (1903) : p. 601. French translation of the Constitution of 1903 also in Darbste, op. dt., pp. 259-293. * The name of the National Assembly. SERBIA. 555 tifications of frontiers of the territories not popufated and of little importance, the assent of the Ordinary National Skupshtina is suffi- cient. Akt. 5.^ The Kingdom of Serbia is divided into departments (okrug), the departments into arondissements (srez) and the latter into communes (opshtina). Paut II. — The Constitutional Rights or Serbian Citizens. Art. 6. The present Constitution and the laws determine the modes of acquisition of and of retirement from the character of Serbian citizen, the rights which are attached to this quality and the causes which provoke its loss. Art. 7. All Serbians are equal before the law. Art. 8. It is forbidden to grant titles of nobility to Serbian citi- zens or to recognize them. Art. 9. Individual liberty is guaranteed by the present Constitu- tion. No one may be subjected to an examination [by the public author- ity] except in cases provided by the law and in the forms prescribed by it. No one may be placed in a state of arrest, nor be deprived in any other manner of his libert}^, except by virtue of a written w^arrant with reasons therefor from the examining magistrate. This warrant must be communicated to the person arrested at the very moment of arrest. Only culprits surprised in fag /'ante delicto may be arrested without any prior warrant, but even then a w^ritten report shall be drawn up and shall be communicated to them within 24 hours from the moment of arrest. The person arrested has the right to lodge a complaint before the tribunal of first instance against the w^arrant concerning his arrest. If he does not make use of this right within three days from the communication of the warrant to bring him in or the report of the arrest, the examining magistrate shall be obliged to transmit officially the papers in the case to the competent tribunal within the "24: hours following the expiration of the first period. The tribunal is then required to pronounce the maintenance or the annulling of the arrest witliin a new period of 24 hoiu-s. The decisions of the tribunal on these questions are immediately executory. Agents of the public authority who shall have infringed these pro- visions shall be punished for illegal attempt on liberty. The law shall determine the circumstances in which the tribunals shall be required to set the person arrested at temporary liberty with or without personal or pecuniary bail.- lAs amended, 5/18 June 1903. " A law of 31 January/13 February 1905 on pubUc safety conferred on the Minister of the Interior exceptional powers to repress brigandage ; see the Annuaire de legislation 6trang^re, 36 (1906) : p. 548. 556 CONSTITUTIONS OF THE STATES AT WAK. Art. 10. No one can be tried by an incompetent tribunal. Art. 11. No one can be tried without being previously examined by the competent authority, or invited in the legal way to defend himself. Art. 12. Penalties can not be established except by law, nor applied except to subsequent acts formally provided for by law. Art. 13. The penalty of death is abolished in the matters of crimes purely political. It is maintained for cases of accomplished or attempted attack against the person of the King or of the members of the Eoyal House, cases to which the Penal Code applies this penalty. It is likewise maintained in the matter of mixed crimes, conform- ably to the provisions of the Penal Code, as well as for the cases pro- vided for by the military laws. Art. 14. Serbian citizens can not be expelled from Serbia. Also residence in a locality can not be forbidden to them, nor can they be obliged to settle in a determined place except in cases expressly provided for by law. Art. 15. Private domicile is inviolable. The public authority can not proceed to any domiciliary visit ex- cept in the cases provided for by law and following the forms pre- scribed by it. Before the domicilary visit, the competent authority is required to communicate to the interested party the written order from the examining magistrate authorizing this measure. The interested party may attack this order before the tribunal of first instance, with- out being able, however, to suspend in this way the execution of the visit. The visit can be effected only in the presence of two Serbian citizens. After the domiciliary visit has been made, the authority is required to send to the interested party a certificate stating the result obtained and a signed report enumerating the objects seized in view of the pursuit of the inquiry.^ Art. 16. Property of every kind is inviolable. No one can be constrained to yield his goods to the State or to other public moral persons, nor to undergo any restriction in their favor, except in cases established by law and in consideration of a legal indemnity. Art. 17. The penalty of general confiscation of property is for- bidden. However, objects arising from a fraudulent source or objects hav- ing served or destined to serve in the accomplishment of a crime can be confiscated. 1 The following paragraph was omitted, 5/18 June 1903 : " In no case can the domi- ciliary visit take place at night." SERBIA. ' 557 Art. 18. Liberty of conscience is absolute. All recognized cults are free and placed under the protection of the law, so far as their celebration does not infringe upon the public order or morals. Art. 19. Every act which can infringe upon the State religion [proselytism] is forbidden. Art. 20. Serbian citizens can not take advantage of religious pre- cepts with a view to avoid the fulfilment of their duties as citizens and soldiers. Art. 21. Education is free in so far as it is not contrary to public order and morals. Primary instruction is obligatory. It is gratuitous in the public primary schools. Art. 22. Every Serbian has the right freely to express his thought by word, in writing, by way of the press or by images, while con- forming to the prescriptions of the law.^ The press is free. Censorship, as well as every other preventive measure intended to shackle the publication, sale or distribution of journals and other writings, is forbidden. The publication of journals is not subjected to any prior authori- zation. No bond shall be exacted of the author, the editor-in-chief, the publisher or the printer. The seizure of journals and other printed matter is authorized only in cases where they shall contain outrages towards tha King or the Royal House, or towards foreign sovereigns and their houses, as well as in cases where incitement to rebellion is found therein. In all these cases, the authorities are required to bring the affair before the tribunal within 24 hours after the seizure has been made and the latter is required to pronounce within a like period the confirmation or the abandoning of the seizure. In the contrary case, the seizure is, at the expiration of this last period of 24 hours, abandoned ipso faoto. It is forbidden to address administrative warnings to printed publications. Journals are required to have a responsible editor, enjoying his civil and policital rights. The author is responsible in the first place. If the author is un- known, or if he does not live in Serbia, or if he is irresponsible, the responsibility falls on the editor, the printer or the distributor. Art. 23. The privacy of letters and of telegraphic despatches is in- violable, except in time of war and in the case of criminal inquiry. ^ Law of 12/25 January 1904 on the press, modified by the law of 9/22 December 1904. 558 CONSTITUTIONS OF THE STATES AT WAK. A law shall determine what government agents are responsible for the violation of the privacy of letters and despatches entrusted to the bureaus of the post and the telegraph. Art. 24. Serbians have the right to meet peaceably and without arms if they conform to the laws.^ It is not necessary to advise the authorities in order to hold a meeting in a closed place. Meetings in the open air, which are sub- ject to laws and special regulations, can not be held unless the au- thorities be previously advised thereof. Art. 25. Serbians have the right to associate themselves for pur- poses which are not contrary to the law.^ This right can not be subjected to any preventive measure. Art. 26. Every Serbian has the right to address himself in his own name to the public authorities by petitions bearing one or several signatures. Petitions in the collective name can emanate only from the constituted authorities and from civil persons [corporations]. Art. 27. Every Serbian has the right to bring complaint against the illegal actions of the authorities. If the superior authority rejects the complaint as being ill- founded, it is required, in communicating its decision to the com- plainant, to indicate the reasons therefor. Art. 28. Every Serbian has the right to enter a judicial suit, with- out any previous authorization, against public functionaries, mayors, presidents of municipal councils and communal employes who have injured his rights in the exercise of their power. Special provisions are applicable in this regard to ministers, judges and soldiers with the colors under the flag. Art. 29. Serbians are free to renounce their nationality, after hav- ing satisfied the military service and fulfilled all their obligations as well to the State as to individuals. Art. 30. Foreigners living in Serbia are placed under the protec- tion of the Serbian laws as to their persons and their possessions. But they are compelled to pay imposts and other charges for the benefit of the State and of the commune, unless they be exempted by international treaties. Art. 31. Extradition is forbidden in the matter of crimes purely political. Part III. — The Powers or the State. Art. 32. All the powers of the State are exercised conformably to the provisions of the present Constitution. The Constitution can not be suspended either in whole or in any of its parts. ^ Law of 31 March/12 April 1891 on public assemblies and associations. SERBIA. 559 Art. 33. The legislative power is exercised in common by the King and by the national representation. Art. 34. The right of initiative in legislative matters belongs to each of the two branches of the legislative power. Art. 35. For each law adhesion of the two branches of the legis- lative power is necessary. Art. 36. Laws do not have retroactive force to the prejudice of rights acquired by virtue of prior laws. Art. 37. The interposition of the law has an obligatory character only if it emanates from the legislative power. Art. 38. The executive power belongs to the King. The King exercises this power by the medium of his responsible ministers, con- formably to the provisions of the present Constitution. The ministers are named and recalled by the King. Art. 39. The judicial power is exercised by the courts and tri- bunals. Their decrees and sentences are rendered and executed in the name of the King and by virtue of the law. Part IV. — The King. Art. 40. The King is the head of the State. He holds in custody all the rights which derive from this supreme authority, and he exercises them conformably to the provisions of the present Con- stitution. The person of the King is inviolable. The King can not be made responsible nor can any accusation whatever be made against him. Art. 41. The King and the members of the Royal House must belong to the Eastern Orthodox Eeligion, Art. 42. The King is the protector of all the cults recognized in Serbia. Art. 43. The King sanctions and promulgates the laws. No law has executory force before having been promulgated by the King. Art. 44. The heir to the throne and the other members of the Tioyal House can not contract marriage without the assent of the King. Art. 45. The King names all the functionaries of the State. It is in his name and under hi? high supervision that all the public admin- istrations exercise their authority. Art. 46. The King is commander-in-chief of all the military forces of the country. Art. 47. The King confers the military grades, conforming to the provisions of the law. Art. 48. The King confers the orders and other distinctions estab- lished by the law. 560 consrsTiTUTiOFs of the states at war. Art. 49. The King has the right to have money coined, conform- ably to the law. Akt. 50. The King has the right of amnesty. Art. 51. The King has the right of pardon in criminal matters. He can commute the penalty inflicted, or reduce it, or remit it en- tirely. The suspension of a case in course of examination, as well as the suspension of judgment {abolition) among the non-political accused, is forbidden.^ Art. 52. The King represents the country in all its foreign rela- tions. He declares war, makes treaties of peace, of alliance and of every other kind, communicating them to the National Skupshtina as soon as the interests of the country permit it. But treaties of commerce, as well as all other treaties whose execu- tion involves either an expenditure at the expense of the public treasury or a modification of existing laws, and also treaties which would attack the public or private rights of Serbian citizens, have no value without the assent of the National Skupshtina. Art. 53. The King resides in the country permanently. If he absents himself for some time from the Serbian territory, he is re- placed of right, in the exercise of the royal powers, by the heir to the throne, if the latter is of age. If the heir to the throne is a minor or if he is prevented from replacing the King, the Council of Ministers shall exercise the royal power according to instructions which the King gives it within the limits of the Constitution. Art. 54. The King convokes the National Skupshtina in ordinary or extraordinary sessions. He opens and closes the sessions of the National Skupshtina per- sonally, by a discourse from the throne, or by message or decree pre- sented by the Council of Ministers. The discourse from the throne, the message and the decree must be countersigned by all the min- isters. He has the right to prorogue the session of the National Skupsh- tina. But this prorogation can not be extended to a duration of more than two months, nor be renewed in the same session without the consent of the Skupshtina itself. He has the right to dissolve the National Skupshtina, but the act of dissolution must at the same time order new elections to be held within two months at the latest, as well as the convocation of the new Skupshtina within a period o:^ three months. The decree of dissolution of the Skupshtina must be countersigned by all the min- isters. Art. 55. The King can not be at the same time the head of another State without the adhesion of the Grand National Skupshtina. 1 This paragraph was added, 5/18 June 1903. SERBIA. 561 Art. 56. No royal act referring to affairs of the State has force of application, nor can it be executed, if it is not countersigned by the competent minister, who assumes responsibility for it by the apposition of his signature. Art. 57. In Serbia, King Peter I, of the dynasty of Karageorge- vitch, reigns.^ The King is succeeded by his male descendants issued from legiti- mate marriage, in the order of primogeniture. If the King leaves after him no male descendant, the succession to the throne comes back to the consanguineous line in the same order of primogeniture. Art, 58. The King and the heir to the throne attain majority at the age of 18 years. Art. 59. In case of the death of the King, the heir to the throne, if he is of age, immediately takes the power as constitutional King. The King announces his accession to the country by a proclamation. He then convokes the National Skupshtina in the 10 days after notification of the death of the deceased King, in order to take before it the oath prescribed by the Constitution. If the Skupshtina has been dissolved and the new elections have not yet been held, the dissolved Skupshtina is convoked to receive the oath of the King. These provisions equally apply in the case where the King in his lifetime remits the throne to his heir. Art. 60. On taking the exercise of the royal power, the King takes before the National Skupshtina the following oath : I [name], in taking the exercise of the royal power, swear by the Almighty God and by all that is dearest and most sacred to me in this world that I shall watch over the preservation of the independence of Serbia and the integrity of its territory, that I shall maintain intact the national Constitution, that I shall govern according to it and conformably to the laws, and that in all my desires and all my acts I shall have in view the welfare of the nation. In pronouncing this oath soleiunly before God and before the nation, I take to wit- ness the Lord God, to whom I shall render account at the Last Judgment. So may the Lord God aid me therein ! Araen ! Art. 61. If, at the death of the King, the heir to the throne is a minor, the royal power delimited by the Constitution shall be exer- cised until his majority by a Council of Regency composed of three IDcrsons. Art. 62. The regents are named by the National Skupshtina, spe- cially convoked for this purpose, from among six persons whom the deceased King shall have designated in his testament as candidates for the regency. This testament shall be entirely written and signed by the hand of the King. It shall not be countersig-ned by the ministers. On the 1 This paragraph inserted in place of three omitted paragraphs (concerning King Milan I, fourth of the dynasty of Obrenovitch), 5/18 June 1903. 562 coisrsTiTUTioisrs of the states at war. back all the members of the Council of Ministers must sign as wit- nesses. This testament shall be drawn up in three copies, each of which shall bear the royal seal. One shall be placed as deposit with the Council of State, another with the Court of Cassation and the third with the Guard of the Seals. Art. 63. If the King- has not designated by testament the candi- dates for the regency, the Grand National Skupshtina shall be con- voked in order to proceed to the election of the members of the Council of Eegency. The Grand National Skupshtina shall then be convoked one month at the latest after the death of the King. Art. 64. The regency can be entrusted only to citizens Serbian by birth, belonging to the Eastern Orthodox Eeligion, enjoying all their civil and political rights, aged 40 years, and exercising or having exercised the functions of minister, counsellor of State, general or minister plenipotentiary accredited to a foreign government. Art. 65. The election of the regents always takes place by secret ballot. Art. 66. The civil list is fixed by law and can not be augmented without the consent of the Skupshtina nor diminished without the consent of the King. Each regent shall receive, during the continuance of his functions, 60,000 francs per annum, deducted previously from the civil list. Art. 67. Before taking in hand the exercise of the royal authority, the regents shall take, before the Skupshtina which shall have elected them, the oath to remain faithful to the King and to govern con- formably to the Constitution and to the laws of the country. They shall then inform the country by a proclamation that they have taken in hand, in the name of the King, the royal power. Art. 68. The Constitution can not be modified during the minor- ity of the King. Art. 69. If the King is prevented from exercising the royal power, the heir to the throne, if he is of age, shall reign in his name. If the heir to the throne is a minor, the King shall have the right to name a provisional regency. Art. 70. If the King transfers the power during his lifetime to his minor heir, he has the right to name at the same time the three regents. For the regents thus named all the provisions of the present Constitution concerning the regents elected by the National Skupsh- tina are valid. Art. 71. If a member of the Council of Regency dies, or if he is attacked by a malady which, in the opinion of three physicians desig- nated by the Council of State on the request of the two other regents and in accord with them, renders him incapable of fulfilling his func- tions, or, finally, if he gives in his resignation, the other two regents SERBIA. 563 shall have power alone over the affairs of the State, until the meeting of the National Skupshtina, which shall proceed to the election of the third regent. If one of the three regents finds himself in the urgent necessity of absenting himself temporarily from the country, the two others shall administer alone the affairs of the State during his absence. But in this case, the one who is absent is obliged to leave with his colleagues a written declaration that he adheres to all that these latter shall do within the limits of their constitutional pow'ers. In all the preceding cases, the reasons why two only of the regents exercise the royal authority must be immediately made known. Art. 72. The regents shall provide for the education of the minor King.^ The management of the property belonging to the minor King is entrusted to the guardians whom the deceased King shall have desig- nated in his testament, or, if the testament of the King says nothing on this subject, by the guardians whom the regents shall appoint in agreement with the Council of State. Art. 73. If the King dies without masculine descent, but at the moment of his death the Queen is pregnant, the royal power shall be exercised until the delivery of the Queen, by right of provisional regency, by the President of the Council of State, the President of the Court of Cassation and the Minister of Justice. Art. 74. In every case where, conformably to the provisions of the present Constitution, there is occasion to proceed to the election of the regency, the Council of Ministers shall exercise provisionally, under its responsibility, the constitutional power of the King. The Council of Ministers shall inform the country, by a proclama- tion, of the fact and the cause of their assumption of the royal power. Art. 75. In the case where the throne, by virtue of the present Constitution, remains without heir, the Council of Ministers shall take in hand the ro3^al power. It must then, within a period of one month from the death of the King, convoke the Grand National Skupshtina which shall deter- mine the question of the throne. Part V. — The National Representation. Art. 76. The National Skupshtina is the representative body of the country. The National Slaipshtina is Ordinary or Grand.^ Art. 77. The National Skupshtina is composed of deputies freely elected by the people conformably to the provisions of the present Constitution. 1 The rest of this paragraph was omitted, 5/18 June 1903. 2 The Constitution of 1901 had abolished the Grand Sliupshtina ; the Constitution of 1903 reestablishes it. 564 CONSTITUTIOISI'S OF THE STATES AT WAR. Art, 78. The elections of the national deputies are direct. The vote is secret and is made by means of ballot-balls. Art. 79. Each department chooses a number of deputies propor- tional to the number of its tax-payers at the rate of one deputy per 4,500 tax-payers. If the number of tax-payers in excess passes the figures of 3,000, there shall be elected an additional deputy. In this number are included the deputies for whom Article 99 of the Constitution demands special conditions. Art. 80. The number of tax-payers of each department, as well as the number of deputies which the different departments shall have to elect, are determined, conformably to the provisions of the present Constitution, prior to each general election, by a commission com- posed of the president of the Council of State, of the president and the two vice-presidents of the last Skupshtina and of the president of the Court of Cassation. Art. 81. The city of Belgrade elects 4 deputies; the cities of Nish and Kragujevatz, 2 each; and thecitiesof Alexinatz, Valjevo, Vranja, Gomje Milanovatz, Zajeshar, Jagodina, Knjashevatz, Krushewatz, Loznitza, Leskovatz, Negotin, Paratjin, Pirot, Posharevatz, Pro- kuplje, Svilajnatz, Smederevo, Tjuprija, Ushitze, Tshatshak and Shabatz, 1 each. Art. 82.^ Each national deputy represents the entire nation and not merely his electors. Art. 83. The electors can not give nor the deputies accept an im- perative mandate. Art. 84. All Serbian citizens, by birth or naturalization, who have completed 21 years and who pay to the State at least 15 francs of direct tax per annum including the additional centimes due to the State,^ are electors. The members of family associations {sadrugari) who are 21 years old have the right to vote, whatever may be the total of the direct taxes which they pay to the State.^ Art. 85. Every elector has the right to vote in one place only, and that in the electoral district where he is enrolled. Art. 86. Officers, in active service or retired, and soldiers who are with the colors can not vote. Art. 87. The following are deprived temporarily of the electoral right : 1. Those condemned to penal servitude, until their restoration to the rights of citizens. 1 Article 82 of tlie Constitution of 1888 was omitted and the numbering of all the suc- ceeding articles was decreased by one, 5/18 June 1903. This change necessitated the amendment of the number of these articles wherever reference was made to them. 2 " Including the additional centimes due to the State " was added, 5/18 June 1903, 3 The third paragraph was omitted, 5/18 June 1903. SEKBIA. 565 2. Those who are condemned on account of crime to the loss of civic honor, during the continuance of that penalty. 3. Those who are in preventive detention or in a state of incar- ceration on account of crimes and offenses provided by Sections 1 and 2 of the present article. 4. Those who are condemned for having abused their authority or for having had recourse to threat or corruption, in order to be elected or to cause another to be elected, as well as all those who are condemned for having trafficked in their vote. The continuation of this loss of the electoral right shall be fixed by the judgment pro- nouncing the condemnation. 5. Those who are declared bankrupt. 6. Those who are placed under guardianship or provided with a judicial counsel. 7. Those who have, without the authorization of the Serbian gov- ernment, entered the service of a foreign Power. 8. Those who ha\'e been condemned for having refused, as ad- herents of a cult not recognized, to satisfy their obligations as citizens and soldiers. Art. 88. All the electors of a department constitute a single elec- toral body, and vote, not for isolated candidates, but for a complete list of candidates. In cities having to elect more than one deputy, the voting is done in the same manner. Art. 89. In each department the vote is cast at one time at several points designated by the law. The cities can also, in case of necessity, be divided into several voting sections. Art. 90.^ In each place where the vote is to be cast, there shall be constituted an electoral bureau composed of a municipal councilor designated by the council of that commune, of a representative of each list of candidates, and of a person who has satisfied the require- ments of a faculty or, in default of that, a professional school. Art. 91. In each chief town of the department, as well as in the cities which have to name more than one deputy, there shall be formed a central electoral bureau, which collects all the votes, counts them, proclaims the result of the ballot and delivers the mandate of the deputy. The president of this bureau shall be a councilor of State, or a counsellor of the Court of Cassation, designated by the drawing of lots; its members shall be^ the president of the local municipal council, a counsellor of the Court of Appeal or a president of tribu- nal of first instance, and two representatives from each list of candi- dates. lAs amended, 5/18 June 1903. ^ The phrase " a member of the permanent commission of the okrug " was omitted, 5/18 June 1903. 566 CONSTITUTIONS OF THE STATES AT WAK. Art. 92. In each department, 100 electors, and in each city electing more than one deputy, 50 electors shall have the right to establish a list of candidates. Each list must carry as many candidates as there are deputies to be named in the department or city interested. The list shall carry the name of the candidate written at the head. Each list shall have its special urn in every place where the voting is held. The total number of the electors who have voted divided by the number of deputies whom the electoral body interested must choose gives the electoral quotient, according to which the number of the candidates elect to be taken from each list is determined. Each list receives as many seats as it collects times the electoral quotient. The quotient shall be awarded first to the candidate inscribed at the head of the list and then to the other candidates following the order of inscription until the number of votes obtained by this list is exhausted. If a list of the candidates does not obtain the electoral quotient, then the votes of this list are attributed to the list which has obtained the greatest number of votes.^ If there remain seats of deputies for which no list has col- lected a number of votes equal to the quotient, these seats shall be divided among the lists, disposing according to the figure nearest to the quotient to the one which does not obtain the complete number of deputies. In case of tie votes between two or more lists, lot de- cides to which list the seat in consideration shall be given. Aet. 93. In the cities which have to elect a single deputy, ^ to which Article 81 of the present Constitution grants the special elec- tion right, the candidate must be considered elected who collects the absolute majority of the votes. If no one has obtained the absolute majority, they shall proceed to a new election. In this new election the relative majority suffices and in case of a tie vote lot shall decide. The electoral bureau delivering the deputy mandate is composed of a judge of the tribunal of first instance of the locality or of the place nearest designated by lot, of the mayor and of a delegate of each candidate in consideration. Art. 94. Whoever does not have the right to vote can not be elected deputy. Art. 95. To be named deputy to the National Skupshtina it is necessary, independently of the conditions required for the right of elector, to combine the following conditions : 1. To be Serbian by birth, or if one has obtained the Serbian character by naturalization, to be established in Serbia for five years, 2. To enjoy all his civil and political rights. ^ This paragraph was added, 5/18 June 1903. See the Annuaire de Mgislation etrangdre, 33 (1903) : p. 602. 2 The phrase " as well as in the communes " was omitted, 5/18 June 1903. SERBIA. 567 3. To reside permanently in Serbia except when the sojourn abroad is imposed by a public function. 4. To be 30 years of age. 5. To pay the State at least 30 francs direct taxes per annum. Art. 96. Functionaries belonging to the police service can not be elected deputies. Art. 97. Deputies, who are not officials of the State at the moment of their election and who shall have entered the service of the State during their legislative mandate, ipno facto lose their character of deputies. They can nevertheless be reelected conformably to Ar- ticle 98. "The provision does not apply to ministers, who remain deputies without having to submit to a reelection. Art. 98. The functionaries and all other agents in the service of the State as well as the mayors of communes,^ elected deputies and accepting the legislative mandate, by that \Q,vy fact lose their func- tions or employment. However, the following functionaries may keep their offices while accepting the legislative mandate: 1. Ministers in active service or unattached. 2. Councilors of State. 3. Envoj^s extraordinary and ministers plenipotentiary ac- credited to a foreign court and diplomatic agents. - 4. Presidents and members of the courts and of the tribunals of first instance. 5. Professors of the University, of professional schools and in secondary education. 6. Engineers and physicians in the service of the State. 7. Officers in retirement or unattached. Art. 99. On the list of the candidates of each electoral depart- ment ^ should be found at least two persons who, independently of the general conditions to which is subordinated the right to be elected deputy, should fulfill the particular condition which follows : To have finished, either in Serbia or abroad, the course of some faculty, or of a superior professional school, placed in the same raiik as the university faculties. Art. 100.* The deputies to the Ordinary National Skupshtina designated at the general elections are elected for a term of four years. For each quadrennial period of the National Skupshtina, the elections shall take place on 8 September [old style] . 1 " As well as the mayors of communes " was inserted, 5/18 June li903. 2 " Consuls general " was omitted, 5/18 June 1903. 3 The opening words of this article were slightly amended and all of the article after Paragraph 2 was omitted, 5/18 June 1903. *■ As amended, 5/18 June 1903 ; the term of the legislature was fixed at 4 years in- stead of 3 years, the period was consequently made quadrennial, and the election day was set for 8 September instead of 14 September, both old style. 568 CONSTITUTIONS OF THE STATES AT WAR. If the general elections take place following a dissolution of the National Skupshtina, the four years of the legislative period shall be- gin to run only from the month of September following. Before the beginning of that period, the Skupshtina can be convoked in extra- ordinary session. The deputies designated at the complementary elections obtain their mandates only to the expiration of the legislative period dur- ing which they have been elected. The complementary elections must take place at the latest a month after the seat of the deputy shall become vacant. Art. 101.^ The National Skupshtina is convoked regularly in the capital on 1 October [old style] of each year. Only in case of war can the Skupshtina be convened outside of the capital. The closing of an ordinary session can not be pronounced before the Skupshtina votes on the budget. Art. 102. The King can also convoke the National Skupshtina in extraordinary session. Art. 103. The National Skupshtina alone is called upon to ex- amine the powers of its members and to pronounce on their validity, as well as on the eventual contests raised on this subject. No one can prevent a deputy to whom the competent electoral bureau (Articles 91 and 93 of the present Constitution) has de- livered a mandate from entering the Skupshtina. Only the Skup- shtina shall have to decide if the election is valid or not. Art. 104. In the first meeting held under the presidency of the oldest member, the Skupshtina shall be divided into sections by drawing lots. Each section shall designate immediately one of its members to make part of the commission for the verification of powers. Art. 105. The National Skupshtina chooses from its own mem- bership, for each session, a president, two vice-presidents and secre- taries. Art. 106. All the deputies, after their validation by the Skupshtina, pronounce the following oath : I [name] swear, by the one and only God, by what the haw has most sacred for me and by what is dearest to me in this world, to observe faithfully the Constitution, and to have, in the accomplishment of my mission as deputy, constantly in view, while consecrating thereto all the forces of my soul and of my intelligence, the common good of the' King and of the nation. May God be to me a help in this world and in the other ! Art. 107. The Skupshtina responds to the discourse from the throne by an address. ^As amended, 5/18 June 1903. SERBIA. 569 Art. 108. The meetings of the National Skupshtina are public, but closed doors may be prochiimed when the president of the Skupshtina, the government or 10 deputies request it. If the closed door is requested by the president of the Skupshtina or by 10 deputies, the Skupshtina can decide on the question whether the sitting shall be maintained secret or not. Art. 109. The Skupshtina can pass a resolution only if more than half of the number of the deputies provided by the Constitu- tion are present. A resolution of the Skupshtina to be valid must receive the ma- jority of the votes of the deputies present. In case of a tie vote, the proposition which is the subject of the vote is rejected. Art. 110. The ballot in the Skupshtina takes place by roll-call^ by sitting or rising, or secretly. The roll-call takes place whenever it is a question of passing on che bill as a whole, as well as in all cases where either the govern- ment or 20 deputies demand it. The bureau of the Skupshtina is always named by secret ballots Deputies can not vote by proxy. Art. 111. The Skupshtina can not deliberate on bills before the Council of State has taken them under examination and has trans- mitted to the Skupshtina its advice on the subject. Only the budget and the annual ^ laAvs in immediate relation to the budget shall not be submitted to the previous examination of the Council of State. Art. 112. Every bill, including the budget, before having been dis- cussed by the Skupshtina, must be submitted to the examination of a special committee. This connnittee shall present its report to the Skupshtina. Art. 113.- The Skupshtina can not deliberate on any bill before it has been previously passed by the competent committee. Art. 114. A bill can not be adopted as a whole, if each of its articles has not been previously approved. The budget shall be studied in its entirety by a single committee. Art. 115. Each bill must be submitted to two readings and to two votes in the same session of the Skupshtina before its definitive adop- tion. A period of at least five days must be left between the first and the second votes. Art. 116. No law can be promulgated, abrogated, modified or Interpreted without the adhesion of the National Skupshtina. The rules for the application of the laws, as well as the rules hav- i'lg their source in the executive power and the right of control recog- nized in the King, are put out by the organs of the executive power. ' The word " financial " was omitted, 5/18 June 1903. ^As amended, 5/18 June 1903. 88381—19 37 570 coNSTiTUTioisrs of the states at wae. However, they must carry an express mention of the law on which they are founded. No law or regulation emanating from the authorities who repre- sent the State, the department or the commune has the force of ap- plication before having been published in the manner prescribed hy law. The formula of the publication of laws must state expressly their adoption by the National Skupshtina. , Art. 117. Laws and regulations deriving from laws have obliga- tory force for all Serbians and for the authorities of the country, as soon as they have been publistied conformably to the law.^ Art. 118. No impost or other general contribution can be created or modified without the approval of the National Skupshtina. The State can not contract any debt without the consent of the Skupshtina. The government is required to submit to the Na- tional Skupshtina an exact report, certified by the Court of Accounts, stating that the financial agreements have been concluded and executed conformably to the law. Art, 119. The government can withdraw a bill submitted by it to the Skupshtina, so long as it has not been the object of a definitive vote. Art. 120. A bill definitively rejected by the Skupshtina can not be presented again during the same session. Art. 12i. The Skupshtina has the right of inquiry, as^ well as the right of suit,- in electoral matters and in questions purely administrative. Each deputy has the right to address questions and interpellations to the ministers. The ministers m'ust respond thereto before the close of the session. Art. 122. Each one has the right to address to the Skupshtina, through the intermediary of its president, petitions and complaints. The Skupshtina has the right to communicate to the ministers these petitions or complaints addressed to it. The ministers must furnish explanations on their contents whenever the Skupshtina requests it. Only the deputies, government commissioners and members of the Council of State (Article 144 of the Constitution) may speak on the floor of the Skupshtina.^ The National Skupshtina can not receive deputations or individuals, nor permit anyone whomsoever to speak except the above-named persons. Art. 123. No one can at any time demand account of a deputy for a vote which he has cast as member of the Skupshtina. 1 The rest of this article was omitted, 5/18 June 1903. 2 " As well as the right of suit " was inserted, 5/18 June 1903. 3 The first sentence of Paragraph 3 was amended, 5/18 June 1903. SERBIA. 571 As for speeches made in the Skupshtina, the deputies are respon- sible only to the Skupshtina itself, which can, on the proposal of the president, inflict the disciplinary penalties provided by the rules of the National Skupshtina. Art, 124. Deputies can not, without the previous authorization of the National Skupshtina, be sued or put under arrest for crimes or debts from the day of their election to the expiration of their man- date, except in case of flagrcunte delicto. But even in this last case, the Skupshtina, if it is in session, shall be immediately advised and it shall give or refuse authorization to prosecute the affair before the close of the session. Art. 125. The Skupshtina has the exclusive right to maintain order Avithin itself through the medium of its president. No armed force can penetrate within the locality of the National Skupshtina, nor within its hall. No armed person can penetrate within the locality of the National Skupshtina except those whose profession obliges them to carry arms and who are called within the Skupshtina by parliamentary matters. Art, 126. The National Skupshtina is in direct relation only with the ministers. Art. 127. Deputies receive from the treasury of the State traveling expenses and a daily compensation of 15 francs ^ for the duration of the legislative sessions. Art. 128. A special law shall establish the internal regulations of the Skupshtina.^ Art. 129. For the Grand National Skupshtina there shall be elected twice as many deputies as for the Ordinary National Skupshtina. This rule shall be applied also to the deputies mentioned in Article 99.^ Art. 130. The Grand National Skupshtina is convoked when it is necessary : 1. To decide the question of the throne (Article 75). , 2. To name the Council of Regency (Article 63). 3. To decide modifications to be proposed to the Constitution (Article 200*). 4. To decide concerning the alienation or exchange of a portion of the territory of the State (Article 4). 5. When the King judges it useful to consult the Grand National Skupshtina. 1 " Of 15 francs " was inserted here and Paragraph 2 of this article was omitted, 5/18 June 1903. 2 Law of 1/13 November 1889, modified 28 January/9 February 1891. 3 This replaces the original Paragraph 2 in the Constitution of 1888. * This replaces reference to Articles 201 and 202 in the Constitution of 1888. 572 . CONSTITUTIONS or THE STATES AT WAR. Part VI. — The Ministers. Art. 131. At the head of the services of the State is the Council of Ministers placed immediately under the authority of the King. The Council of Ministers is composed of the ministers in charge of the divers public services and of the president of the Council of Ministers, who may be without portfolio. The King appoints the ministers and the president of the Council of Ministers by decree. On entering upon their duties, the ministers take the oath of obedi- ence and of fidelity to the King and swear to observe conscientiously the Constitution and the laws. Art. 132. Only Serbians by birth or naturalized persons resident for five years in Serbia can be ministers. Art. 133. No member of the Royal House can be minister. Art. 134. Ministers have free access to the National Skupshtina, which is required to hear them each time that they request it. How- ever, ministers can not take part in the vote of the Skupshtina, ex- cept in the case where they shall be at the same time deputies. The Skupshtina has the right to demand the presence of ministers at its meetings. Art. 135. Ministers are responsible to the King and to the National Skupshtina for all acts done in the exercise of their functions. Every official act signed by the King must be countersigned by the competent minister. An order of the King written or oral can not in any case cover the legal responsibility of a minister or of any other public func- tionary.^ Art. 136.^ The King as well as the National Skupshtina has the right to impeach a minister: 1. For treason against the country and the sovereign. 2. For violation of the Constitution and of the rights guaranteed by the Constitution to Serbian citizens. 3. For betrayal of trust. 4. For injury done to the State in a matter of personal interest. 5. For violation of the laws in cases which shall be specified later by a special law on ministerial responsibility.^ Art. 137. The proposal to impeach a minister must be made in writing, contain the enumeration of the chief points of accusation and carry the signatures of at least 20 deputies. In order that the impeachment may be pronounced, it is necessary that the majority which votes it comprise two thirds of the deputies present. ^ This paragraph was amended, 5/18 June 1903. - Paragraph 2 of this article was omitted, 5/lS June 1903. s Law of 30 January/11 February 1891. SERBIA. 573 The minister impeached is tried by a Tribunal of State composed of members of the Council of State and of the Court of Cassation. Art, 138. A special law, which the National Skupshtina shall take up in its first leoislative period, shall specify the different cases of ministerial responsibility, the penalties to be applied to the differ- ent crimes, the composition of the tribunal called to try the min- isters and the procedure to be followed.^ For cases of ministerial responsibility which are not provided for by the Penal Code and do not depend upon the common law, the accused minister can not be condemned ^"0 a greater penalty than imprisonment. Art. 139. The King can not make use of his pardoning power in favor of the minister condemned without the consent of the National Skupshtina, nor interrupt the inquiry begun against the accused minister.- Part VIL — The Council of State. Art. 140. The Council of State is composed of 16 members, of whom 8 are appointed by the King and 8 elected by the National Skupshtina and in the following manner: The King submits to the Skupshtina a list of 16 candidates and the latter chooses among them 8 candidates whom the King appoints as members of the Council of State; the National Skupshtina, on its side, submits to the King a list of 16 candidates among whom the King chooses and appoints 8 members of the Council of State. Vacancies in the Council of State shall be provided for in the same way. Art. 141. The members of the Council of State are appointed for life. They enter into the category of functionaries of the State. The members of the Council of State can not^ without their consent, be relieved of their functions, nor called to another employment of the public administration. They also can not be retired, if they liave not expressed the desire therefor, unless they have completed 40 years of service, or have passed 65 years of age, or their state of health does not permit them longer to perform their functions. If a member of the Council of State is appointed minister, no. pro- vision is made for his replacement in the Council of State and, when he ceases to be minister, he returns to his post as councilor of State. In the case only where the number of the members of the Council of State should become less than the number fixed by the internal regulations of the Council of State, in order that its deliberations should have full and entire effect, provision shall immediately be made for as 'many vacancies as are necessary so that the Council of State can hold its sessions. 1 Law of 30 .Tanuary/ll February 1801. *This last clause was added, 5/18 June 1903. 574 CONSTITUTIOlSrS OP THE STATES AT WAR. Art. 142.^ No one can be a member of the Council of State, if lie is not a Serbian citizen, if he is not 35 years old, if he has not com- pleted the courses of the faculty in Serbia or abroad, or of a special school equivalent to a faculty, and if he has not been employed 10 years at least in the service of the State. Art. 143. The King names among the members of the Council of State a president and a vice-president of the Council, who remain in office for three years. Art. 144. The attributions of the Council of State are as follows : 1. To elaborate, on the invitation of the government, projects of law or of administrative regulations of general interest, and to give its advice on questions which the government submits to it. 2. To examine bills which the government presents to the Na- tional Skupshtina or which are brought in on the initiative of the Skupshtina and to give its advice on the said bills. This advice shall have no obligatory effect either for the Skupshtina or for the govern- ment ; however, it must be communicated in all cases in extenso to the National Skupshtina before the opening of the discussion of the said bills. Besides, the Council of State can choose from its midst one or two of its members, who shall have to defend, before the Skupshtina, the point of view of the Council of State.^ The Skupshtina and the government can fix for their respective bills a period within which the Council of State shall have to submit its advice; the Council of State can demand the prolongation of this period. However, if, at the expiration of this new delay, the Council of State does not pre- sent its report and its observations, the Skupshtina can proceed and commence the discussion and the debates. 3. To fix the list of the candidates for vacant seats in the Court of Accounts and in the Courts of Cassation and of Appeal. 4. To determine in the last resort upon the complaints relative to the election for the Skupshtina and the departmental councils and to the municipal elections. 5. To try functionaries of the State as a disciplinary tribunal. 6. To determine on the complaints against ministerial decisions in respect to affairs in litigation. Resolutions of the case brought in by the Council of State shall be obligatory for ministers. 7. To determine upon the conflicts of powers between the admin- istrative authorities. 8. To approve partial expenditures on general credits included in the budget for extraordinary needs, as well as the detailed application of the credit granted for public works, in so far as these expenses exceed the sum of which the minister himself can legally dispose. 1 Paragraph 2 of this article was omitted, 5/18 June 1903. 2 This sentence was inserted, 5/lS June 1903. SERBIA. 575 9. To determine upon exceptional cases of admission to Serbian naturalization. 10. To approve compromises between the State and individuals which shall be found advantageous for the State. 11. To determine whether there is occasion according to the law to pronounce expropriation for the purpose of public use. 12.^ To detei'mine on complaints against decrees, by which legiti- mate private rights are injured. The Court of Accounts has the right of recourse, in the name of the State, if, by public decree, material interests of the State are injured to the profit of indi- viduals. 13.^ To determine on complaints against ministerial decisions, rendered by the minister in matters for which the minister was not competent or which went beyond the province of the authority which is attributed to him by the law. Decisions rendered by the Council of State on this subject are obligatory for the minister. 14.^ To perform the functions which shall be attributed to it by the different laws of the country. Art. 145. The internal regulations of the Council of State shall be fixed by a special law.^ Part VIII.— The Tribunals. Art. 146. The tribunals are independent. In rendering justice, they are dependent on no authority except that of the law. No power in the State, either legislative or executive, can meddle in judicial affairs, and, reciprocally^, the tribunals can not participate in the exercise of the legislative or executive power. Justice is rendered in the name of the King. Art. 147. No tribunal whatever can be instituted, nor anything whatever be created in point of judicial organization and competence, unless a law is passed to this effect. However, in no case and by no right can there be instituted ex- traordinary or summary tribunals, nor commissions rendering justice. Art. 148. The institution of the jury is maintained. The competence of the jury is fixed by the law.^ Art. 149. The tribunals in Serbia are: Tribunals of first instance and the Courts of Appeal and of Cassation. For all Serbia, there is only one Court of Cassation, which is called upon to determine solely on questions of law, leaving aside questions of fact. The said Court of Cassation shall also decide in conflicts between the judicial and administrative authorities. 1 Nos. 12 and 13 inserted after 11 and the original 12 became 14, 5/18 June 1903. 2 Law of 31 January/13 February 1902. » Law of 31 March/12 April 1892, modified by Law of 20 November/3 December 1905. 576 coisrsTiTUTioisrs of the states at war. The president of the Court of Cassation ranks as member of the Council of State. Art. 150. No one can be cited before a tribunal nor tried by a tribunal other than that on which he is dependent legally. Art. 151. In order that a tribunal may render justice, there must be at least three judges sitting. However, it can be established by a law that a single judge is suiScient to pronounce on matters of little importance, civil or penal. Art. 152. The trials of tribunals are public, except in cases where the judges find that secret sessions are in the interest of public order or morals. The judges deliberate and vote secretly, but the decision is pro- nounced aloud and publicly. Every judgment and every sentence must contain the grounds and the enunciation of the articles of the law by virtue of which they are rendered. Art. 153.^ Every person accused of a crime must be provided with counsel from the time of his accusation. If he does not designate his counsel himself, the tribunal must provide one for him officially. The accused may, if he wishes, have counsel even during the pre- liminary examination. Art. 154. All judges are named by the King. The presidents of tribunals of first instance are chosen among the candidates figuring on two lists, of which one is proposed by the Court of Cassation and the other by the Court of Appeal. The presidents and the members of the Courts of Cassation and of Appeal are also chosen from among the candidates figuring on two lists, of which one is proposed by the Council of State and the other by the Court of Cassation. Each of these lists must contain twice as many candidates as there are vacant places. The same persons can be carried as candidates on both lists. Judges of the tribunals of first instance are named according to a list proposed by the Minister of Justice, the presidents of the Courts of Cassation and of Appeal. The list must contain a number of can- didates equal to double the number of vacant seats to be filled.- Art. 155. Those can not be judges at the same time in a tribunal, or render justice there together, who are relatives in direct line as- cending or descending in any degree whatever, collaterals up to the fourth degree, related by marriage to the second degree inclusive. Art. 156. No one can be judge if he is not a Serbian, and if, inde- pendently of the general conditions required by the law for admission to a public employment, he has not finished regularly the courses of lAs amended, 5/18 June 1903. 2 This paragraph was added, 5/18 June 1903. SERBIA. 577 a faculty of law in Serbia or abroad. No one can be judge in a tribunal of first instance if he is not 25 years old, and in a superior court if he has not passed 30 years of age. No one can be president of a tribunal of first instance, or judge of a Court of Appeal, if he has not served at least 5 years as judge in tribunals of first instance or as secretary to the Minister of Justice or in a superior court or as titular professor of law in the Faculty of Belgrade, or if he has not practiced for 7 years the profession of advocate. No one can be president of a Court of Appeal, nor president or member of the Court of Cassation, if he has not, independentl}^ of the conditions set forth in Paragraph 1 of the present article, served for 10 years as judge or as titular professor of law in the Faculty of Belgrade, or if he has not practiced for 10 years the profession of advocate, or if he has not been for 5 years member of the Court of Appeal or president of a tribunal of first instance, or if he has not been Minister of Justice. No one can be proposed or named as president or as judge of any tribunal whatever, who, in consequence of a judgment of the Court of Cassation relative to a disciplinary offense, shall have lost his posi- tion in the magistracy, or, in consequence of a conviction by a regular tribunal for an offense or crime of common law, shall have been eliminated from the magistracy. The above provisions are not applicable to the judges who are not functionaries of the State. Art. 157. The irremovability of their functions is assured to judges. A judge can not be dismissed or recalled on any ground from his functions against his will, unless it be by virtue of a judg- from his functions against his will, unless it be by virtue of a judg- ment by a regular tribunal or of a judgment by the Court of Cassa- tion for a disciplinary offense. A judge can not be cited before the court for his official acts with- out the assent of the Court of Cassation. A judge can only be transferred if he declares in writing that he accepts his new destination. A judge can not be retired against his will, unless he is 60 years old or has had 40 years of service, or unless his physical or intellec- tual infirmities render him unfit for service. However, in this last case, it is necessary that his retirement be pronouiiced by sentence of the Court of Cassation. Art. 158. A judge can not accept any other employment in the public administration, except the functions of honorary professor in the Faculty of Law. 578 CONSTITUTIONS or THE STATES AT WAR. He can not be assigned/ even temporarily, to any other employ- ment, remunerative or honorary. Art. 159. A special law regulates the composition, organization and compentence of military tribunals, as well as the conditions which those who administer justice therein must fulfill. Part IX. — Departments, Arrondissements and Communes. Art, 160. In the departments, beside the administrative authori- ties representing the State, the departmental assemblies and the per- manent commissions function as autonomous powers. These powers are called to watch over the departmental interests in the matter of public instruction, industry, ways of communication, hygiene and finances, and to work for their development.^ Art, 161. The communes are autonomous. The administration of communal interests is confided to the com- munal tribunals, to the municipal councilors and to the general as- semblies of the communes. Art. 162. The municipal elections take place by direct suffrage. Art. 163. In municipal and departmental elections, every Serbian citizen under the jurisdiction of the commune or of the department respectively who, besides the conditions prescribed by the law, pays to the State 15 francs of direct taxes per annum, including the addi- tional centimes of the State,^ is an elector. Every member of a family association who is 21 years old is an elector, whatever may be the assessment of direct taxes which he pays. Art. 164. The communal authorities, as well as the departmental assemblies and the permanent commissions, are rec[uired, outside of the administration of the communal and departmental interests, to give their care to the affairs of the State which are entrusted to them by the laws. Art. 165. No new commune can be instituted, no existing commune can modify its boundaries, without the approval of the legislative authority. Art, 166. Every citizen, as well as all real estate, constitutes part of a commune and must share in the expenses of the commune, the arrondissement and the department. Art. 167. Additional centimes can not be deducted previously from a department or an arrondissement without the assent of the de- partmental assembly. Likewise, additional centimes can not be imposed upon the communes without the consent of the communal assembly. 1 The words " against his will " were omitted, 5/18 June 1903. 2 An additional sentence was omitted, 5/18 June 1903. 3 " Including the additional centimes of the State " was added, 5/18 June 1908. SEEBIA. 579 Similarly, the departments, arronclissements and communes can not contract loans without the previous authorization of the depart- mental and communal assemblies interested. The law shall determine the cases where, to institute additional centimes and to contract the loans in question, the consent of the legislative power or of another power of the State shall be necessary. Art. 168. Departments, arrondissements and communes can hold property with the same right as individuals. Art. 169. The attributions and the organization of the autonomous departmental, arrondissement and communal powers, as well as their relations with each other and ^ with the different powers of the State, shall be determined by a special law.^ Part X. — Finances, Economy, and Domain or the State. Art. 170. Every Serbian is required to pay the impost to the State. The impost is assessed proportionately to the wealth: Art. 171. No one can be released from the obligation to pay the imposts outside of the cases provided by the law. The King and the heir to the throne do not pay taxes. Art. 172. No pension, relief or any reward whatever can be paid by the treasury, unless by virtue of a legal prescription. Art. 173. Each year the National Skupshtina approves the budget of the State, which is valid for one year only.^ The budget must be presented to the National Skupshtina at the very beginning of the session. At the same time the National Skupshtina must be put in possession of rectificative tables of the fiscal year closed. All receipts and expenditures of the State must figure in the bud- get as well as in the rectificative tables. The Skupshtina can not augment the credits proposed by the budget bill ; but it can reduce them or even suppress them entirely.* The economies realized on certain credits allowed to one part or to one year of the budget can not be transferred to another part or year — except in the case where these transfers shall be approved by the legislative power.* Art. 174. If the National Skupshtina can not vote the new budget before the beginning of the fiscal period, it can apply, provisionally, the budget of the fiscal period just ended until the adoption of the new budget. 1 " With each other and " was inserted, 5/18 June 1903. - Law of 18/31 March 1905 on the organization of departments and arrondissements. Law of 5/18 June 1903 on the communal organization, modified by the law of 3/16 De- cember 1905. s The budgetary year commences 1 November. *As modified, 5/18 June 1903. 580 CONSTITUTIONS OF THE STATES AT WAR. If the National Skupshtina is dissolved or prorogued before the vote on the budget, the King, in concert with the Council of State.^ can order the application of the budget of the fiscal period just closed for a period of four months at the most. Art. 175. The mines belong to the public domain. Art. 176. The right of monopoly belongs to the State. The State can grant this right to a third party, but only by virtue of a law and for a determined time. Likewise, a concession can not be granted except by virtue of a law and for a determined time. Mine concessions shall be granted by a special law.^ Art. 177. The domain of the State is composed of all the property, real and personal, as well as all the rights of possession which the State acquires or possesses in itself. It is only by virtue of a law that property of the domain can be alienated or hypothecated, or their revenues engaged or encumbered with other charges. Art. 178. The domain of the State is distinct from the private domain of the King, of which he can dispose freely during his life- time and by act of last will conformably to the provisions of the Civil Code. Paragraph 2 of Article 40 of the present Constitution is not ap- plicable to the domain of the King. The expenditures for the maintenance of those of the properties of the State of which the King has the enjoyment gratuitously are sup- ported by the civil list. Part XL — The Court of Accounts. Art. 179. In view of the control of the accounts of the different services of the State the Court of Accounts is instituted functioning as an independent administration. A law shall determine the cases wherein complaint can be lodged with the Court of Cassation against the decision of the Court of Accounts. The Court of Accounts is composed of a president and four mem- bers. The president, as well as the members of the Court of Ac- counts, are chosen by the National Skupshtina among the candidates proposed by the Council of State. This list of candidates must al- ways contain twice as many names as there are vacant seats. The members of the Court 'of Accounts have the rank of the mem- bers of the Court of Cassation and its president has the rank of a councilor of State. Art. 180. Serbian citizens can be members of the Court of Ac- counts, who have completed the study of law in Serbia or abroad, 1 This phrase was inserted, 5/18 June 1903. 2 This paragraph was added, 5/18 June 1903. SERBIA. 581 and who, besides, have served 10 years in one of the services of the State; or who have served 10 years as high functionaries in the Department of Finances, and who, appointed by decree, have had 10 years of active service.^ However, the president of the Court of Accounts and two of its members must have completed their law studies.' The president and the members of the Court of Accounts are irremovable.^ They can not be dismissed from the service except by virtue of a judgment rendered by the tribunals of the country, nor transferred to another post unless w^ith their formal consent recorded in a written declaration. They can only be retired if they have had 40 years of service or if they have passed 65 years or if their state of health renders them unfit to continue their service. Art. 181. The Court of Accounts makes revision, rectification and deduction of the accounts of the general administration, as well as all administration of funds depending on the treasury. It sees that the different credits granted by the budget are not exceeded and that no exchanges are made. It closes the accounts of all the public administrations and it is required to collect all vouchers and all information necessary. The general account is presented to the National Skupshtina with the observations of the Court of Accounts within a period of two years from the closing of each fiscal period. A special law shall determine more closely the organization and the attributions of the Court of Accounts, as well as the mode of recruiting its personnel.* Part XII. — The Services or the State. Art. 182. All citizens Serbian by birth have equal rights to all the employments of the different branches of the services of the State, provided they fulfill the conditions required by the laws. Naturalized Serbians have a right to public employments, provided they have five years of residence in Serbia. Foreigners, as well as naturalized Serbians, who do not have five years of residence in Serbia, can be admitted to public employment, but under contract only and in cases determined previously by the law. Art. 183. In the nomination and advancement of functionaries account shall be taken of good conduct, aptitudes and special attain- 1 "And who . . . service " was added, 5/18 June 1903. 2 A paragraph of the Constitution of 1888 making transitory provisions was omitted in the Constitution of 1903. * The wording of this sentence was slightly modified, 5/18 June 1903. * Law of 1/13 May 1892. 582 CONSTITUTIONS OF THE STATES AT WAE. ments. As a control of the special attainments, there shall be grad- ually instituted State examinations in all the branches of the public administration. Art, 184. Every functionary is responsible for his official acts without regard to the one who has given him orders.^ Art. 185. Functionaries, on their entrance into the service of the State, take the oath of obedience and of fidelity to the King and swear to observe conscientiously the Constitution. Art. 186. Employment in the services of the State, as well as the salaries of the functionaries in the different branches, are fixed by the law. Art. 187. The institution of retirement pensions is maintained. The law determines the considerations which can give a functionary a right to retirement as well as those who can bring about his retire- ment. Art. 188. For the pension to the orphans and to the widow of a functionary, there is maintained the special fund constituted by the payments deducted from the salaries and the retirement pensions of the functionaries. Part XIII. — The Church, Schools and Benevolent Institutions. Art. 189. The interior administration of the Orthodox Church belongs to the Synod. For other cults, the administration of the internal affairs belongs to the competent spiritual authorities. The spiritual organs, as well of the Orthodox Church as of other cults recognized in Serbia, are under the surveillance of the Minister of Cults. The organization of the spiritual authorities and of the seminaries of the Orthodox Church is furnished by a law after agreement of the Minister of Cults with the Synod. Art. 190. The spiritual authorities have right of jurisdiction over ecclesiastics for offenses committed in their spiritual functions, ex- cept crimes dependent on the Penal Code. Complaints of abuse, directed against the spiritual authorities of any one of the cults practiced in the country, are handed over to the Minister of Cults. Ecclesiastical persons and the spiritual powers depend on the com- mon laws of the country in what concerns their civil acts and their property. Art. 191. The correspondence of the spiritual authorities of the Orthodox Church with the spiritual authorities, councils and synods abroad is submitted to the approval of the Minister of Cults. 1 " Without . . . orders " was added, 5/18 June 1903. SERBIA. 583 The correspondence of the ministers of the other cults professed in Serbia with the spiritual authorities, councils and synods abroad must also be submitted to the approbation of the Minister of Cults. No act emanating from the spiritual authorities, councils and synods abroad can be published by any spiritual authority whatever in Serbia, nor receive its execution, except with the knowledge and authorization of the Minister of Cults. Art. 192. All public and private schools and other educational es- tablishments are placed under the surveillance of the State.^ Art. 193. Charitable establishments, foundations for instruction and other philanthropic works, instituted by individuals during their life or by last act of will, by means of donations or of legacies, or by the creation of funds, shall have the right of existence only so long as these works shall have received the authorization of the State by virtue of the laws of the country. But the property of these institutions can not be considered as property of the State, nor be diverted from the destination which has been assigned them by their founders. In the case only where, in time, because of changes occurring in the social state, or for any cause whatever, it becomes impossible to devote them to their primitive destination, the property of these in- stitutions can, by virtue of a decision of the legislative power and on the proposal of the persons charged with their management, receive another analogous destination. A law shall fix the procedure to be followed in the matter, as well as the rights and duties of the persons charged with the administra- tion of these works of charity and foundations, and shall determine the measure in which the surveillance of the State shall be exercised. Part XIV. — The Army. Art. 194. Every Serbian is required to serve in the army. The length of the military service, the modes of service and the cases of exemption from personal service are fixed by a special law. The law determines likewise what are the grades in the army, how the grades are conferred and what are the circumstances which can cause the loss of these grades. Art. 195. The organization of the army is the object of a special law, and its formation is determined by way of royal ordinance. Art. 196. The budget of each year shall determine the effectives of the permanent army for the current fiscal period. Art. 197. Soldiers with the colors are justiciable in penal matters by the military tribunals which determine according to the prescrip- tions of the military jurisdiction. 1 Law of 19 April/2 May 1904 concerning national primary schools (in 87 articles). Law of 27 February/12 March 1905 creating a University of Belgrade. 584 CONSTITUTIONS OF THE STATES AT WAR. The regulations concerning military discipline and disciplinary penalties are published by royal ordinance. Art. 198. No one can enter the service of the State, if he has not, according to the prescriptions of the military laws, performed his service in the army, or if he is not exempt from the service. Art. 199. Foreign troops can not be taken into the service of the State. Every convention stipulating that a foreign army shall oc- cupy the Serbian territory or traverse this territory is valid only if it is consented to by the National Skupshtina. Likewise the Serbian army can not be placed at the service of another State withovit the consent of the National Skupshtina. Part XV. — The Revision of the Constitution. Art. 200.^ Propositions tending to introduce modifications or ad- ditions to the Constitution or to interpose one of its provisions may be presented by the King or by the National Skupshtina. A proposition of this kind must contain the formal enunciation of all the points of the Constitution on which can be brought forward amendments, additions or proposed interpretations. If the proposition is presented by the King, it shall be communi- cated to the National Skupshtina. The Skupshtina shall then be dissolved, and the Grand National Skupshtina shall be convoked w^ithin a period of four months at the most. If, on the contrary, a proposition of this kind proceeds from the initiative of the Skupshtina, it must be voted by the Skupshtina at two different times and with 10 days' interval between the two con- secutive votes. The proposition shall be considered as adopted, if the absolute ma- jority of the deputies determined by the Constitution has voted in favor of the proposition. The proposition having been adopted in this manner, the Skupsh- tina shall be dissolved, and the Grand National Skupshtina shall be convoked within a period of four months at the most, counting from the day of the adoption of the proposition. In each of the two cases, the Grand National Skupshtina shall have power to decide only on the amendments and additions to be intro- duced into the Constitution and the interpretations of the Constitu- tion contained in the proposition in view of which it has been con- voked. The decisions of the Grand National Skupshtina adopted by the absolute majority of the deputies determined by the Constitution shall be executory when they shall have been sanctioned by the King. 1 As amended, 5/18 June 1903. SERBIA. 585 Transitory Provisions. Art. 201.^ — I. Kino; Peter I shall take the oath prescribed by Article GO of the present Constitution before the national repre- sentation. This national representation shall preserve its mandate until the first elections of the Skiipshtina. II. At the moment of the publication of the present Constitu- tion the following laws are recalled into force, in so far as they are not in opposition with the provisions of the present Constitution : 1. Tlie Electoral Law of 25 March 1890,'' with the moditications and addi- tions of 28 January 1891. The periods indicated by this law must be ad- vanced, regard had to the day fixed for the election (Article 100). 2. The Law on the Internal Regulation of the National Skupshtina of 1 Novfmhpr 1889, including the modifications of 28 .January 1891. •S. The Law on Ministerial Responsibility of ,80 .Taniiary 1891. 4. The Law on the Organization of the Council of State of 21 December 1901, and the Law on the Internal Regulation of the Council of State of 31 January 1902. 5. The Law on the Oi'ganization of the Court of Accounts of 1 May 1892„ 6. The Law on the Administrative Division of the Kingdom of Serbia of 15 March 1890. with the modifications and additions of 31 March 1891, 9 May 1894, 17 February 1896, 5 January 1899, 24 January 1900, 31 March 1902 and 10 April 1902. 7. The Connnunal Law of 21 March 1902. 8. The Law on Public Meetings and Associations of 31 March 1891. 9. The Law on the Press of 31 March 1891. From this moment all laws and ordinances, so far as they are con- trary to the present Constitution, or indeed to the laws just men- tioned, shall be considered as abrogated. III. The King shall name by decree and from this moment the president, the vice-president and the members of the Council of State,, who shall have to fulfill the functions specified by the present Con- stitution, until the first, National Skupshtina at its ordinary session- shall have proceeded to their nomination conformably to the provi- sions of Article 140 of the present Constitution. The present councilors of State are relieved from their functions. The president and the members of the Court of Accounts shall continue to fulfill their functions until they have been reappointed conformably to the provisions of the present Constitution and during the first ordinary session of the National Skupshtina. Likewise, the presidents and the judges of the Court of Cassation, of the Court of Appeal and of the tribunals of first instance shall continue to fulfill their functions. As soon as the Council of State shall have been constituted con- formably to the present Constitution (Article 140), it shall proceed to the election of the president and the members of the Court of • Cassation and shall submit to the King the list of the chosen. 1 As amended, 5/18 June 1903. 2 This and all the dates mentioned in this article are old styles. 88381—19 38 586 CONSTITUTIONS OF THE STATES AT WAR. The president and the members of the Court of Cassation shall enter upon their functions as soon as the King shall have appointed them. The president and the members of the Court of Appeal are chosen and appointed conformably to Article 154 of the present Consti- tution. The presidents and the judges of the tribunals of first instance are chosen and appointed in the manner provided by Article 154 of the present Constitution. IV. The law on the budget of the State of 4 April 1903 shall remain in force. Art. 202.^ From the day of the promulgation of the present Con- stitution, the Constitution of 6 April 1901 [old style] shall be abrogated, as well as all laws and ordinances, in so far as they are contrary to the present Constitution. The Council of Ministers is required to promulgate inmiediately the present Constitution in the Oficial Journal. 1 As amended, 5/18 June 1903. SIAM. Siam is an absolute monarchy, in which the King exercises the executive power, supported and advised by a Cabinet {Senahodi) consisting of the heads of the various departments : Foreign Affairs, Interior, Justice, Finance, Public Instruction, Public Works, War, etc. Many of the portfolios are held by the King's half-brothers and uncles. There is no written Constitution. The Law of 8 May 1874, constituting a Council of State, has now been superseded by the Royal Decree of 10 January 1895, creating a Legislative Council, which is composed of the Ministers of State {ex-o^clo members) and others, not less than twelve in number, appointed by the King. In the pre- amble of the Royal Decree it is stated that the object of this body is to revise, amend and complete the legislation of the kingdom. It is to meet at least once a week, and it may appoint committees of three or four members, with the addition of competent outsiders who must not outnumber the members. An important article gives the Legis- lative Council power to promulgate laws without the royal assent in the event of any temporary disability of the King. At other times the royal signature is indispensable. This Council has shown con- siderable legislative activity. Through the Declaration, signed at London, 15 January 1896,^ the integrity of Siam was assured by France and Great Britain.^ 1 English and French texts in parallel columns in the British and Foreign State Papers, 88 : pp. 13—16 ; the English text also appears in Papers Relating to the Foreign Relations of the United States, 1896 (Washington, 1897), pp. 139-140. * These paragraphs are hased upon The Statesman's Year Book (1918) and Paul Pose- NER, Die Staatsverfassungen des Erdballs (Oharlottenburg, 1909), p. 934. 587 TURKEY. Until 1908 the government of the Sultan {padishah) was an tibsolute monarchy in the full sense of the term, there being no counterbalance to its authority. However, the reforms attempted since 1839 in the political and administrative field, often under the pressure of the European Powers, may be considered as a sort of step toward the political transformation of 1908. The Hatt-i-sherlf of 3 November 1839 (26 Shaaban 1255), the first program of these reforms, provided expressly that the national insti- tutions should guarantee henceforth to all Ottoman subjects, without distinction of race or cult, " a perfect security as to their life, honor and fortune." The reforms especially announced were financial and military, but from 1839 to 1856 few of these reforms were brought about. A second act, the Hatt-i-humayoun ^ of 18 February 1856 (10 Jornada I 1272), emanating from tlie initiative of the Sultan, but inspired likewise by the Powers, developed the program of 1839, promising equality of all before the law, respect of property, free- ilom of worship, equality of taxation, publicity of trials, equality of witnesses, abolition of confiscation and torture, etc. But the majority of these reforms were yet to remain dead letters. Dating from 1859 the European Powers began to interfere seriously in the internal affairs of the Ottoman Empire. Russian and English projects for reform resulted in the promulgation of a real Constitution on 23 December 1876 (7 Dulkaada 1293) and the first Ottoman Parliament opened on 19 March 1877. But the war with Russia broke out the following month and subsequently the Parliament was prorogued indefinitely. The Treaty of Berlin of 13 July 1878, which removed important provinces from Turkey, im- posed different engagements upon it, bearing notably upon freedom of conscience and of worship, admissibility to public employment, freedom of non-Mussulman communities (Article 62), and "improve- ments and reforms required by local needs in the provinces inhabited by the Armenians" (Article 61). The Turkish Constitution of 1876, after having remained a dead letter for 30 years, was put back into 1 The Hatt-i-humayoun and the Hatt-i-sherif were rescripts emanating directly from the Sultan and preceded by the formula, " Let it be done conformably to the contents," written in the Sultan's hand. 589 590 CONSTITUTIONS OF THE STATES AT WAR. force by a Hatt-i-humayoun of 2 August 1908, under the influence of the Young Turk party, and within a year afterwards was revised, 19 articles being modified.^ CONSTITUTION OF 23 DECEMBER 1876, AS AMENDED IN 1909.=^ The Ottoman Empire. Article 1. The Ottoman Empire comprises the existing territories and divisions and the privileged provinces. It forms an indivisible whole, and can never allow any part to be detached for any reason whatever. Art. 2. Constantinople shall be the capital of the Ottoman Em- pire. That city shall possess no privilege or immunity not enjoyed by other Ottoman towns. Art. 3.^ The imperial Ottoman sovereignty, which carries with it the Supreme Caliphate of Islam, falls to the eldest prince of the House of Osman, according to the rule established ab antiquo. On his accession the Sultan shall swear before Parliament, or, if Parlia- ment is not sitting, at its first meeting, to respect the provisions of the Sheri * and the Constitution, and to be loyal to the country and the nation.^ Art. 4. As Caliph, His Imperial Majesty the Sultan is the pro- tector of the Mussulman faith; and he is the ruler and padishah of all Ottoman subjects. Art. 5. The person of His Imperial Majesty the Sultan is sacred and irresponsible. Art. 6. Liberty of the members of the dynasty of Osman, their property, both real and personal, and the civil list granted them for life by the law ad hoc are under the guarantee of all. Art. 7.^ Among the sacred prerogatives of the Sultan are the following: The mention of his name in prayers; the minting of money; the granting of high public offices and titles, according to the law ad hoc,' the conferring of orders ; the selection and appoint- 1 These introductory paragraplis are based upon P. R. Daebste et P. Dakeste^ Les Constitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 319-321. 2 Translation based upon that in the British and, Foreign State Papers, 102 : pp. 819- 833. French translation in Daebste^ op. cit., pp. 323-343. English translation of the original Constitution appears in the British and Foreign State Paper, 67 : pp. 683-698. German translation in Paul Posenee^ Die Staatsverfassungen des Erdhalls (Charlotten- burg, 1909), pp. 892-904. The above is a translation of the Constitution as it stood on 1 May 1912, according to the " Official Almanac " (Sal Name) and the " Official Gazette" (TakvimA-Vekai) . 3 As amended in 1909. *The ecclesiastical or. canon law. s The sentence concerning the oath was added in 1909. TURKEY. 591 ment of the Grand Vizier and the Sheik-ul-Islam ; the confirmation in their offices of the members of the Cabinet formed and proposed bj^ the Grand Vizier, and, if need arise, the dismissal and replace- ment of ministers according to established practice; the approval and putting into force of general laws; the drawing up of regula- tions concerning the working of government departments and the method of administering tlie laws; the initiative in all kinds of legislation; the maintenance and execution of the canon and civil laws; the appointment of persons to the privileged provinces ac- cording to the terms of their privileges; the command of the mili- tary and naval forces; the declaration of Avar and the making of peace; the reduction and remission of sentences passed by penal courts; the granting of a general amnesty with the approval of Parliament; the opening and closing of the parliamentary sessions; the summoning of Parliament before its time in extraordinary cir- cumstances; the dissolution of the Chamber of Deputies if necessary, with the consent of the Senate, on condition that the elections take place and the Chamber assembles within three months ; and the con- clusion of treaties in general. Only, the consent of Parliament is required for the conclusion of treaties which concern peace, commerce, the abandonment or annexa- tion of territory, or the fundamental or personal rights of Ottoman subjects, or which involve expenditure on the part of the State. In case of a change of Cabinet while Parliament is not sitting, the responsibility arising out of the change rests upon the new Cabinet. The Public Eights of Ottomans. Art. 8. All subjects of the Ottoman Empire, without exception, are styled Ottoman, whatever may be their faith or creed. The character of Ottoman subjects can be obtained or lost in the cases specified by law. Art. 9. All Ottomans enjoy personal liberty, and they are bound not to interfere with the liberty of others. Art. 10.^ Personal liberty shall be absolutely inviolable. Except for the reasons and in the manner prescribed by the canon and the civil law, no one shall be arrested or punished on any pretext what- soever. Art. 11. The religion of the Ottoman State shall be the Mussul- man religion ; but, while maintaining this principle, the State shall protect the free exercise of all the religions recognized in the Otto- man dominions, and shall maintain as hitherto the religious privi- leges granted to the various communities, provided that they do not disturb public order and are not harmful to public morals. ^ As amended in 1909. 592 coisrsTiTUTioisrs or the states at war. Art. 12.^ The press shall be free within the limits prescribed by law. It can not be subjected to inspection or examination of any Mnd before printing. Art. 13. Ottoman subjects shall be at liberty to form companies of -all kinds for commerce, industry or agriculture, within the limits prescribed by the laws and regulations. Art. 14. One or more persons of Ottoman nationality shall have the right to present petitions to the proper authority with regard to breaches of the laws and regulations, whether their personal in- terests or those of the public be prejudiced; they shall also have the right to present signed petitions to Parliament complaining of the conduct of State officials. Art. 15. There shall be freedom of education. Every Ottoman shall be at liberty to attend any course of instruction, whether pub- lic or private, so long as he conforms to the laM^ Art. 16. All schools shall be under the supervision of the State. The necessary steps shall be taken, whereby the education of Otto- man subjects may be unified and organized; but there shall be no interference with the religious education of the various communi- -ties. Art. it. All Ottomans shall be equal before the law, and shall have equal rights in, and equal duties towards, their country, with- t)ut prejudice to their religious affairs. Art. 18. A knowledge of Turkish, which is the official language of the State, is essential to the employment of an Ottoman subject in the service of the State. Art. 19. The government service shall be open to all Ottoman subjects, according to their capacity and ability. Art. 20. Taxes which it has been decided to levy shall be dis- tributed among all Ottoman subjects in accordance with the regu- lations od hoc and in proportion to the taxable capacity of each person. Art. 21. To everyone shall be assured the ownership of the real and personal property to which he has a regular title. The real property possessed by any person can not be taken unless the expro- priation is proved to be necessary in the public interest and the value of the property is paid in advance according to the law. Art. 22. The dwelling-place and residence of every person in the Ottoman dominions shall be inviolable. The government may not make a forcible entry into any one's dwelling-place or residence for .any reason whatsoever, except in the cases laid down by law. Art. 23. No one shall be bound to appear before a court not being the competent court under the law on judicial procedure which is to be drawn up. 1 As amended in 1909. TURKEY. 593 Art. 24. Tlie confiscation of property, forced labor and exactions of money are forbidden; bnt there are exceptions in the case of taxes regularly levied and measures regularly adopted in time of war. Art. 25. Except in virtue of a law, no sum of money shall be levied as tax or impost, or under any other name. Art. 26. Torture of every kind whatsoever is categorically and absolutely forbidden. The Cabinet. Art. 27.^ Just as His Imperial Majesty the Sultan entrusts the posts of Grand Yizier and Sheik-ul-Islam to men in whom he has confidence, so the other ministers, who are approved and proposed by the Grand Vizier entrusted with the formation of the Cabinet, are confirmed in their offices by imperial irade. Art. 28. The Council of Ministers shall meet under the presidency of the Grand Vizier. It shall deal with affairs of importance, both home and foreign. Such of its decisions as need the imperial assent shall be put into force by imperial irade. Art. 29. Each minister shall deal, according to practice and within the limits of his attributions, with affairs concerning his depart- ment, and those matters with which he is not competent to deal he shall refer to the Grand Vizier. In the case of matters which need the imperial sanction, those which do not need discussion shall be submitted directly to the Sultan by the Grand Vizier; those which need discussion shall be submitted when they have been discussed in the Cabinet. The Grand Vizier shall also communicate the decision of the Council of Ministers in cases where the imperial sanction is not necessary. The various classes and categories of business shall be determined by a special law. The Sheik-ul-Isiam shall communicate directly to the Sultan those matters which do not need discussion.- Art. 30.^ Ministers shall be responsible to the Chamber of Depu- ties collectively for the general policy of the government and per- sonally for the affairs of their respective departments. Decisions which need the imperial sanction shall only become valid if signed by the Grand Vizier and the minister concerned, who thus accept the responsibility, and countersigned by the Sultan. Decisions arrived at by the Council of Ministers shall bear the signatures of all the ministers, and, in cases where the imperial assent is necessary, these signatures shall be headed by that of His Imperial Majesty the Sultan. '^ As amended in 1909. - This sentence was added in 1909. 594 CONSTITUTIONS OF THE STATES AT WAE. Art. 31. If one or more members of the Chamber of Deputies wish to bring a complaint against a minister with regard to a matter affecting his responsibility and coming within the powers of the Chamber, a note containing the complaint shall be handed to the president of the Chamber of Deputies to be examined by the com- mittee appointed, according to the rules of the Chamber, to decide whether such matters shall be referred to the Chamber or not. ■ This note shall be sent to the committee by the president within three days, and the committee shall make the necessary investigations and obtain sufficient explanations from the person against whom the complaint is made. If the committee decides by a majority that the complaint is a matter for discussion, its decision to this effect shall be read in the Chamber of Deputies. If necessary, the person complained of shall be summoned to appear, and his explanations, given either by himself or by his deputy, shall be heard. If the decision is adopted by an absolute majority of two thirds of the membership of the Chamber, a report asking for the trial of the person concerned shall be presented to the Grand Vizier, who will submit it for the Sultan's sanction and will transmit it to the High Court in virtue of an imperial irade. Art. 32. The method of trying ministers who have been indicted . shall be determined by a law ad hoc. Art. 33. There shall be no difference between ministers and other Ottoman subjects with regard to actions which only concern them personally and do not arise out of their public functions. Such mat- ters shall be dealt with by the ordinary courts which have jurisdic- tion in such cases. Art. 34. A minister who has been indicted by the Charges Cham- ber of the High Court shall be suspended until his innocence is es- tablished. Art. 35.^ If a divergence of views arises between the Cabinet and the Chamber of Deputies, and the Cabinet persists in its view while the Chamber categorically and repeatedly rejects it, the Cabinet shall either accept the Chamber's decision or resign. In case of resigna- tion, if the new Cabinet persists in the view held by its predecessor and the Chamber again rejects it, giving its reasons for so doing, His Imperial Majesty the Sultan may dissolve the Chamber on condition that the elections are begun according to Article 7; but if the new Chamber maintains and persists in the view held by its predecessors, the view and decision of the Chamber must be accepted.^ Art. 36.^ If, while Parliament is not sitting, there appears an urgent necessity to guard the State from harm or the public safety from danger, and the time does not permit the summoning and as- 1 As amended in 1909. 2 The clause giving the Chamber the final decision was added in 1909. TURKEY. 595 sembly of Parliament for the discussion of the necessary law on the subject, decisions of the Council of Ministers, provided they are not contrary to the provisions of the Constitution and are sanctioned by imperial irade. shall have the force of temporary laws until Parliament meets and gives a decision; but they must be submitted to the Chamber of Deputies at its first sitting. Art. 37. Every minister has the right to be present at a sitting of either liouse whenever he wishes, or to send one of the chiefs of his department to represent him. He also has the precedence of private members in making speeches. Art. 38. If the Chamber of Deputies decides by a majority to sum- mon a minister in order to ask for an explanation of some matter, he shall either appear in person or send one of the chiefs of his depart- ment and make answer to the questions asked; or if he thinks it necessary, he has the right to ask, on his own responsibility, that his reply may be postponed. If, as the result of an interpellation, the Chamber of Deputies passes a vote of no confidence by a majority, the minister falls. If a vote of no confidence is passed on the Premier, the whole Cabinet falls. 1 Public Officials. Art. 39. All public officials shall be selected for posts for which they are qualified by capacity and merit, according to conditions to be laid down by law. Officials thus selected can only be dismissed or changed, if it is proved that their conduct gives legal justification for their dismissal, if they resign, or if the government thinks such a course necessary. Officials of good conduct and probity and those whom the government is compelled for some reason to put en dis- ponihilite shall obtain promotion or pensions or an allowance as en disponibilite on conditions to be laid down by law. Art. 40. The attributions of every post shall be laid down by spe- cial regulation, and every official shall be responsible within the limits of his attributions. Art. 41. Every official must respect his superior ; but his obedience is confined within the limits laid down by law. In matters which are contrary to the law, obedience to a superior does not absolve from responsibility. Parliament. Art. 42. Parliament shall consist of two distinct bodies : the Sen- ate and the Chamber of Deputies. Art. 43.2 ^q\\^ houses of Parliament shall meet without being summoned on 1 November [old style] of every year. They shall be 1 This paragraph was added in 1909. - As amended in 1909. 596 CONSTITUTIONS OF THE STATES AT WAR. opened by imperial irade, and closed again by irade on 1 May [old style] . Neither of the houses can meet while the other is not sitting. Art. 44.^ If need arises, His Imperial Majesty the Sultan may open Parliament before the specified time, either on his own initia- tive or on application from an absolute majority of the members. He may also prolong the session, either in virtue of a decision of Parliament or on his own initiative. AnT. 45. On the day of the opening of Parliament the opening ceremony shall take place before His Imperial Majesty the Sultan or the Grand Vizier as his representative, and in the presence of the Cabinet and of the members of both houses. An imperial speech shall be read concerning home affairs and foreign relations during the past year, and the measures it is considered necessary to adopt during the coming year. Art. 46. Persons elected or nominated members of one of the houses of Parliament shall swear to be loyal to His Imperial Ma- jesty the Sultan and their country, to be faithful to the provisions of the Constitution and to the mandate given them, and to refrain from any act incompatible with their duties. The oath shall be taken on the day of opening in the presence of the Grand Vizier. Those who are absent on that day shall take the oath in the presence of their respective presidents when the house to which they belong meets. Art. 47. Members of Parliament shall be free in the recording of their votes and the expression of their views. No member shall be bound by any kind of promise, threat or instructions, and no charge shall be brought against a member for any vote he may have given or any opinion he may have expressed during a debate in the house, unless he has acted in violation of the rules of the house; in which, case he shall be dealt with according to the provisions of the said rules. Art. 48. If a member of Parliament is accused, by an absolute majority of two thirds of the members of the house to which he belongs, of treason, of attempting to abolish or overthrow the Con- stitution, or of corruption, or is sentenced by law to a penalty which entails imprisonment or exile, he shall lose his seat as member of Parliament, and the case shall be heard and the penalty inflicted by the competent court. Art. 49. Every member of Parliament shall record his vote in person. Every member has the right to abstain from recording his vote for the rejection or acceptance of any matter which comes up for discussion. Art. 50. No person shall be a member of both houses of Parlia- ment at the same time. 1 As amended in 1909. TURKEY. 597 Art. 51. No debate shall be begim in either house, unless half the members plus one are present. All resolutions shall be passed by an absolute majority of the members present, except in cases for which a two thirds majority is required. When the votes are equally divided, the president shall have a casting vote. Art. 52. If anyone presents to either house or to both houses of Parliament a petition concerning his personal affairs, and it is established that the petitioner did not first apply to the competent State officials or to the authority to which those officials are sub- ordinate, the petition shall be rejected. Art. 53.^ Every minister, senator or deputy has the right to pro- pose that a new law be drawn up or an existing law amended. Each house sends to the other the bills it has drawn up or amended, and^ after acceptance, they are submitted for the imperial sanction. Art. 54.^ Bills become law after being examined and accepted by the Chamber of Deputies and the Senate, and sanctioned by imperial irade. Bills submitted for the imperial sanction must either receive that sanction within two montlis or be returned for reexamination. If a bill sent back to be discussed again is to be accepted, it must be voted by. a two-thirds majority. Bills which are voted urgent must either be sanctioned or be returned within ten days. Art. 55. A bill can not be accepted, unless it has been read and voted by a majority, clause by clause, and afterwards again voted as a whole, successively by the Chamber of Deputies and the Senate. Art. 56. Neither house can admit, or hear the explanations of any- one who is not a minister, or a representative sent by the Cabinet, or one of their own members, or a public functionary summoned officially, whether he come to make a communication in his own name or as the representative of a group of individuals. Art. 57. Debates in both houses shall be conducted in Turkish. Copies of the bills to be discussed shall be printed and distributed to members before the day fixed for the debate. Art. 58. In both houses the votes shall be recorded by calling the I'oll, by making some particular sign, or by secret ballot. For the voting to be by secret ballot, a decision in that sense by a majority of the members present is required. Art. 59. The internal discipline of each house shall be under the control of the president of that house. The Senate. Art. 60. The president and the members of the Senate shall be di- rectly nominated by the Sultan. The number of senators shall not 1 Am amended in 1909. 598 CONSTITUTIONS OF THE STATES AT WAK. exceed one third of the number of the members of the Chamber of Deputies. Art. 61. To be nominated senator, it is necessary to be not less than 40 years of age, and to have shown oneself, by one's acts and deeds, worthy of the trust and confidence of the public, and to be renowned for laudable service in State affairs. Art. 62. Membership of the Senate is for life. This dignity may be conferred on persons en disponiMlite Avho have filled the post of Cabinet minister, governor-general (vali), commander of an army corps (ordu Tnushiri), superior judge {kazi asker), ambassador or minister plenipotentiary, patriarch or chief rabbi; on generals of division and vice-admirals ; and in general on any suitable persons pos- sessing the necessary qualifications. A senator shall lose his seat in the Senate on being appointed to another post by the State at his own request. Art. 63. The salary of a senator is fixed at 10,000 piastres a month. If a senator is in receipt of a salary or an allowance from the Treas- ury under some other head, if that salary or allowance is less than 10,000 piastres, it shall be increased to 10,000; while if it equal to or more than 10,000, the senator retains it. Art. 64. The Senate examines the budgets ^ sent up by the Cham- ber of Deputies, and if they be found to contain anything fun- damentally opposed to religion, to the imperial rights of His Im- perial Majesty the Sultan, to liberty, to the provisions of the Con- stitution, to the territorial integrity of the Ottoman Empire, to the internal security of the country, to the means of national defense and protection, or to public morals, the Senate either rejects them alto- gether, giving its reasons for so doing, or returns them to the Cham- ber of Deputies, with observations, to be modified or amended. The bills it accepts it shall confirm and submit to the Grand Vizierate. The Senate shall examine the petitions presented to it, and, if it thinks necessary, shall transmit them to the Grand Vizierate, with observations. The Chamber of Deputies. Art. 65. The number of deputies is fixed at 1 for every 50,000 male Ottoman subjects. Art. 66. The elections shall take place by secret ballot. The method of election shall be laid down by a law ad hoc. Art. 67. The mandate of deputy is incompatible with public func- tions, except those of minister. If any other public official is elected deputy, his acceptance or rejection of the office depends on himself; but, if he accepts, he must resign his position as a public official. 1 Sic, but evidently refers to all bills. TURKEY. 599 Art. 68. The. following may not be elected to the Chamber of Deputies : 1. Those who are not Ottoman subjects. 2. Those who, in virtue of the special law on the subject, enjoy privileges as being temporarily in foreign service. 3. Those who do not know Turkish. 4. Those under the age of 35. 5. Those who are in the service of a private person at the time of the election. 6. Those who have been declared bankrupt and have not been rehabilitated. 7. Those who are notorious for their evil ways. 8. Those who have been placed under a judicial injunction, un- less the injunction has been removed. 9. Those who have lost their civil rights. 10. Those who lay claim to a foreign nationality. In the elections which take place 4 years later, a knowledge of how to read Turkish, and, as far as possible, to write it, shall also be a condition of eligibility for election. Art. 69. The general election for the Chamber of Deputies shall take place once every 4 years. The mandate of every deputy is for 4 years only ; but he may be reelected. Art. 70. The general election shall begin at least four months before the date fixed for the first sitting of the Chamber, that is, 1 November. Art. 71. Every member of the Chamber of Deputies is the repre- sentative, not exclusively of the constituency which has elected him, but of all the Ottomans. Art. 72. Electors are bound to choose their deputies from among the population of the province to which they belong. Art. 73. If the Chamber of Deputies is dissolved by imperial irade, the general election shall be begun so as to allow of the meet- ing of the Chamber within six months at most from the date of the dissolution. Art. 74. If a member of the Chamber of Deputies dies, or suf- fers from some lawful impediment, or absents himself from the Chamber for a long period, or resigns, or loses his seat by reason of the sentence of a court of law or of an appointment to a government post, another shall be elected in his place according to practice, so that he may sit at the latest in the next session. •Art. 75. The mandate of a deputy elected to fill a vacant seat only remains in force until the next general election. Art. 76.^ Every deputy shall receive 30,000 piastres from the Treasury for each session, and traveling expenses both ways ac- 1 As amended in 1909. 600 CONSTITUTION'S OF THE STATES AT WAK. cording to the law on civil servants, and calculated on a salary of 5,000 piastres a month. If the session is prolonged beyond the date specified by law, they shall receive a supplementary allowance of 5,000 piastres a month. Art. 77. Every session the Chamber of Deputies shall elect a president and two vice-presidents by a majority, and their election shall be. submitted to His Imperial Majesty the Sultan. Art, 78. The debates of the Chamber of Deputies shall be pub- lic; but if the Cabinet or 15 deputies propose that the debate on some important matter shall be secret, the place in which the Cham- ber is sitting shall be cleared of all persons except the deputies, and the question of accepting or rejecting the proposal shall be sub- mitted to a majority vote. Art. 79. While the Chamber is sitting, no deputy shall be arrested or tried, except when taken in fl,agrante delicto^ unless the Chamber decides by a majority that there is good ground for the charge. Art. 80.^ The general expenditure of the State shall be examined in detail in the Chamber of Deputies, in accordance with the budget law, and the total shall be voted by the Chamber in the presence of the Cabinet. The nature and the amount of the revenues by which the expenditure is to be met, and the distribution of and method of levying the same, shall likewise be decided upon in the presence of the Cabinet. Courts or Law. Art. 81. Judges appointed by the State in accordance with the law ad hoc and furnished with commissions (herat) are irremovable; but they may resign. The promotion of judges, their career, replace- ment, retirement on a pension, and dismissal in consequence of a con- demnation for a criminal offense are also subject to the provisions of the law ad hoc. This law also specifies the qualifications neces- sary in the case of judges and other judicial officials. Art. 8.2. The hearings of cases of all kinds in the courts are public, and the sentences may be published. But a court may hold a secret sitting for any one of the reasons clearly laid down by law. Art. 83. Every person may use any lawful means he thinks neces- sary in defending his rights in court. Art. 84. A court may not refuse, on any pretext whatsoever, to hear a case which comes under its jurisdiction; and when once the hearing, or the preliminary investigations necessary for the hear- ing, have begun, the case may not be postponed or hindered, unless the plaintiff withdraws his action ; and even then, if the case is penal, ^ As amended in 1909. TURKEY. 601 the government shall continne to exercise its rights according to the law. Art. 85. Every action shall be heard by the court to whose juris- diction it belongs. Actions between private persons and the gov- ernment shall also be within the jurisdiction of the ordinary courts. Art. 86. The courts shall be free from interference of any kind. Art. 87. Matters concerning the Sheri shall be heard in the Sheri courts; those concerning the Nizam ^ in the civil courts. Art. 88. The various classes of courts, their duties, jurisdiction and divisions, and the emoluments of the judges are laid down by law. Art. 89. Apart from the courts sanctioned by law, no extraordi- nary court may be formed, nor any commission having a right to pass sentence, under any name whatsoever, with the object of hearing certain special matters and giving judgment. But where the law appoints, the nomination of a judge-delegate {muvella} or an arbi- trator is lawful. Art. 90. No judge may occupy any other paid government post simultaneously with his judgeship. Art. 91. In penal affairs the rights of the public shall be pro- tected by public prosecutors. The duties and grades of these public prosecutors shall be laid down by law. The High Court. Art. 92. The High Court shall consist of 30 members, of whom 10 each shall be chosen and appointed by lot from the Senate, the Council of State, and the presidents and members of the Court of Cassation and the Court of Appeal. The High Court shall be summoned by imperial irade when necessity arises, and shall sit in the Senate. Its attributions shall be to try ministers, presidents or members of the Court of Cassation or the Court of Appeal, and any persons who commit treason against the sovereign or endanger the State. Art. 93. The High Court shall be divided into two parts: the Charges Chamber and the Chamber of Judgment. The former shall consist of 9 members, 3 each being chosen by lot from those ap- pointed to the High Court from the Senate, the Council of State, and the Court of Cassation and Court of Appeal, respectively. Art. 94. The Charges Chamber shall decide by a two-thirds ma- jority whether the persons against whom complaint is made, shall be put on their trial or not. Members of the Charges Chamber shall not form part of the Chamber of Judgment. * The civil law. 88381—39 39 602 CONSTITUTIONS OF THE STATES AT WAR. Art. 95. The Chamber of Judgment shall be composed of 21 mem- bers of the High Court, 7 being chosen from the Senate, 7 from the Court of Cassation and the Court of Appeal, and 7 from the Council of State. It shall pass judgment, by a majority of two thirds of its membership, and in accordance with the laws in force, on cases which the Charges Chamber agree should be tried. Its decisions are subject neither to appeal nor to cassation. Financial Affairs. Art. 96. No government tax may be imposed, distributed or col- lected, except by virtue of a law. Art. 97. The State budget is a law setting forth the approximate revenue and expenditure. It is on this law that the imposition, dis- tribution and collection of the State taxes depend. Art. 98. The budget, that is, the public balance-sheet, shall be ex- amined and voted by Parliament clause by clause. The accompany- ing tables, showing in detail the estimated revenue and expenditure, shall be divided into sections, chapters and articles, in accordance with the model laid down by law ; and these also shall be discussed chapter by chapter. Art. 99. The budget shall be submitted to the Chamber of Depu- ties immediately after the opening of the Chamber, in order that it may come into force at the beginning of the year to which it applies. Art. 100. No expenditure from public funds may be incurred, apart from the budget, except in cases specified by a special law. Art. 101. If, while Parliament is not sitting, it appears urgently necessary to incur supplementary expenditure on pressing and ex- traordinary grounds, the sums required to meet that expenditure may be obtained and spent in virtue of an imperial irade, on condi- tion that the Cabinet accepts the responsibility, and that a bill on the subject is submitted to Parliament as soon as it meets. Art. 102. The budget shall remain in force for one year; it shall have no effect apart from that year. But if, owing to extraordinary circumstances, the Chamber of Deputies is dissolved without having passed the budget, the Cabinet, in virtue of an imperial irade, shall prolong the application of the budget of the past year until the next parliamentary session, provided that the extension shall not exceed one year. Art. 103. The final account law shall show the actual amount of the sums obtained in revenue for the year to which it applies, and of the expenditure for that year. In form and in divisions it shall be in complete accordance with the budget law. Art. 104. The bill of the final account law shall be submitted to Parliament within 4 years at most from the end of the year to which it applies. TURKEY. 603 Aet. 105. A Board of Accounts shall be formed to examine the ac- counts of those who are appointed to collect and expend public money, and to inspect the annual accounts drawn up by the various public departments. Every year it shall communicate the result of its in- spection with its conclusions to the Chamber of Deputies in a special report. This Board shall also submit a report on the financial situa- tion to His Imperial Majesty the Sultan every three months through the intermediary of the Grand Vizier. Art. 106. The Board of Accounts shall consist of 12 members ap- pointed by imperial irade. They shall hold office for life, unless their dismissal is approved by a majority of the Chamber of Deputies. Art. 107 The qualifications required by members of the Board of Accounts, the details of their attributions, the rules governing their resignation, replacement, advancement and retirement on a pension, and the organization of the offices of the Board, shall be defined by a law ad hoc. The Provinces. Art. 108. The administration of the provinces shall be founded on the principles of decentralization and division of duties. The de- tails shall be settled by a law ad hoc. Art. 109. The method of election of members of the administra- tive councils of provinces {vilayets) .^ sarijaks and kazas^ and of the general assemblies, which meet once a year in the chief town of each province, shall be laid down on wider lines by a law ad hoc. Art. 110. The attributions of the provincial general assemblies shall be defined in the law that is to be drawn up ad hoc. They shall include the right to discuss matters concerning public works, such as the making of roads and bridges, the organization of credit banks, the promotion of industries, commerce and agriculture, and the dis- semination of public education ; the right to complain to the proper authority in order to demand redress with regard to anything con- trary to the laws and regulations in force which occurs in the dis- tribution or collection of taxes or in any other connection. Art. 111. In every kaza a council shall be formed in connection with each community. The duty of this council shall be to superin- tend: 1. The administration of the income derived from vakf^ real property and money, according to the terms of the vakf , or to ancient usage. 2. The allotment of money or personal property left by will for works of charity or philanthropy, according to the terms of the will. 3. The administration of the money and personal property of orphans, in accordance with the regulations ad hoc. ^ Pious foundations. 604 CONSTITUTIONS OF THE STATES AT WAK. These councils shall be composed of members elected by each com- munity, in accordance with the regulations to be drawn up ad hoc. The said councils shall be under the local government and the provincial general councils. Art. 112, Municipal affairs shall be administered, at Constanti- nople and in the provinces, by elected municipal councils. The organization of these councils, their attributions and the method of electing their members shall be defined in a law ad hoc. Miscellaneous Provisions. Art. 113. If there appear strong indications and signs that a dis- turbance will break out in some parts of the Empire, the imperial government has the right to proclaim martial law temporarily in that place. Martial law consists in a temporary suspension of the civil laws and regulations, and the form of administration of the district under martial law shall be determined by special regulation. His Imperial Majesty the Sultan has the exclusive power to expel from the territory of the Empire those who, as a result of credible information gathered by the police administration, are recognized as a danger to the State. Art. 114. Elementary education shall be compulsory for all Otto- mans. The details shall be settled by a law ad hoc. Art. 115. No article of the Constitution shall be suspended or sup- pressed for any reason or any pretext whatsoever. Art. 116. If it is seen to be absolutely necessary that certain pro- visions of the Constitution should be changed or amended in accord- ance with circumstances or the needs of the time, the amendments may be made on the following conditions: Any amendment proposed by the Cabinet, the Senate or the Cham- ber of Deputies shall first of all be voted by a two-thirds majority of the members composing the Chamber of Deputies; and if this vote is confirmed by a two-thirds majority of the Senate and sanc- tioned by imperial irade, the amendment becomes law. Any article of the Constitution which it is proposed to amend shall remain in full force until the above-mentioned debates have taken place and the imperial irade has been issued. Art. 117. The interpretation of laws belongs : To the Court of Cassation, in the case of civil and penal laws. To the Council of State, in the case of civil administration. And to the Senate, when it is a question of the Constitution. Art. 118.^ The existing laws, regulations, usages and customs shall remain in force unless modified or abolished by new laws or regula- 1 As amended in 1909. TURKEY. 605 tions. In drawing up laws and regulations care shall be taken to base them upon the provisions of the canon and civil laws and upon public morals and customs, in accordance with the dictates of human- ity and the needs of the time. Art. 119.^ Documents and letters entrusted to the post shall'not be opened without a decision of a ^nustantik {juge d' instruction) or of a court of law. Art. 120.^ Ottomans enjoy the right of assembly, on the condition that they obey the law on the subject. Those societies are forbidden which aim at injuring the territorial integrity of the Ottoman Empire, changing the form of the Consti- tution or of the government, acting contrary to the provisions of the Constitution, or bringing about a separation between the various Ottoman elements, or which are contrary to public morals. The formation of secret societies in general is also forbidden. Art. 121.^ The debates in the Senate shall be public; but if the Cabinet or 5 Senators propose that the debate on some important matter shall be secret, the place in which the Senate is sitting shall be cleared of all persons except the senators, and the question of accepting or rejecting the proposal shall be submitted to a majority vote. 1 These three articles, added to the Constitution in 1909, shall eventually be placed in the special division to which they belong. UNITED STATES OF AMERICA. Before 1770 the 13 British colonies of North America, namely, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, had obtained an im- portant share in their own government. Rhode Island and Con- necticut under their charters were practically independent. The other colonies were, governed by a governor and council,^ appointed by the English Crown, and an assembly chosen by the people. These colonies had what we call representative government in the present British colonial system, but through the increasing powers of the as- semblies after 1700 they were rapidly approaching the system of responsible government. The development of self-government was suspended by the reactionary British policy after 1763 and on 4 July 1776 the colonies took the decisive step of declaring themselves independent. Some union of the colonies was necessary for the conduct of the war with Great Britain, and united action was obtained by means of congresses to which the several colonies sent delegates. The Ar- ticles of Confederation, adopted in 1781, for the first time embodied in a written instrument an agreement of union between the previously independent States. The Articles of Confederation were unsatis- factory in that they did not give sufficient power to the central gov- ernment, and efforts to amend them failed because of the require- ment that all States agree upon an amendment. In pursuance of a recommendation of a convention of 5 States which met at Annapolis, 11 September 1786, delegates of 12 States met in convention at Philadelphia in May, 1787. This convention drafted a Constitution, which was finally ratified by all of the 13 States. Government under this Constitution was organized in April, 1789. Since its adoption the Constitution has received 18 amend- ments ; the text of the amendments is given after that of the original Constitution.- 1 The council was both a legislative and an executive body, except in Pennsylvania, where it was denied legislative power ; in Pennsylvania and Maryland appointments were made hy proprietors rather than by the Crown ; in Massachusetts the members of the council were elected by the general court of the colony. 2 These introductory paragraphs are based upon W. F. Dodd^ Modem Constitutions (Chicago, 1909), vol. ii, p. 291. 607 608 CONSTITUTIONS OF THE STATES AT WAR. CONSTITUTION OF 17 SEPTEMBER 1787. ^ [Preamble.] We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare and secure the bless- ings of liberty to ourselves and our posterity, do ordain and estab- lish this Constitution for the United States of America. Article I. Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives. Sect. 2. The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.^ No person shall be a representative who shall not have attained to the age of 25 years, and been 7 years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons.^ The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of 10 years, in such manner as they shall by law direct. The number of representatives shall not exceed 1 for every 30,000, but each State shall have at least 1 repre- sentative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose 3, Massachusetts 8, Rhode Island and Providence Plantations 1, Connecticut 5, New York 6, 1 This is the date upon which the Constitution was agreed upon by the Constitutional Convention ; according to the terms of the Constitution it became effective on 21 June 1788, after ratification by 9 States. The date set by Congress for proceedings to begin under the Constitution was 4 March 1789, but the government was actually not organized until April of that year. French translation of this Constitution and its subsequent amendments up to the 15th in F. R. Daebste et P. Daeeste, Les Constitutions modernes (3d edition, Paris, 1910), vol. ii, pp. 396-421. 2 The conditions required to be elector vary in the different States. The length of resi- dence required varies from 3 months to a year. Some States require the elector merely to pay a tax ; many require an ability to read and write, or to read only. The age required is 21 years in all the States. ^ The first sentence of this paragraph was amended by the second section of the four- teenth amendment (below, p. 621). UNITED STATES. 609 New Jersey 4, Pennsylvania 8, Delaware 1, Maryland 6, Virginia 10, N'orth Carolina 5, South Carolina 5, and Georgia 3.^ When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their speaker and other officers ; and shall have the sole power of impeachment. Sect. 3. The Senate of the United States shall be composed of 2 senators from each State, chosen by the legislature thereof, for 6 years ; and each senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expira- tion of the fourth year and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.^ No person shall be a senator who shall not have attained to the age of 30 years, and been 9 years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a president pro tempore^ in the absence of the Vice-President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concur- rence of two thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment,^ according to law. Sect. 4. The times, places and manner of holding elections for senators and representatives shall be prescribed in each State by 1 The numl>er of representatives has considerably Increased since. See below, p. 621, note 2. 2 Paragraph 1 of this section and so much of paragraph 2 as relates to filling vacancies are amended by the seventeenth amendment (below, p. 622). 8 Before the ordinary courts. 610 CONSTITUTIONS OF THE STATES AT WAR. the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosiLg senators. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Sect. 5. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall con- stitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judg- ment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sect. 6. The senators and representatives shall receive a com- pensation for their services, to be ascertained by law ^ and paid out of the Treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. Sect. 7. All bills for raising revenue shall originate in the House of Kepresentatives ; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which ^ This annual compensation amounts to $7,500. The compensation of the speaker is $12,000. See Act of 26 February 1907. UNITED STATES. 611 it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsidera- tion two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two thirds of that house, it shall become a law. But in all sudi cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within 10 days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment pre- vent its return, in which case it shall not be a law.^ Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States ; and before the same shall take effect, shall be ap- proved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Sect. 8. The Congress shall have power : To \sij and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. To borrow money on the credit of the United States. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. To establish an uniform rule of naturalization ^ and uniform laws on the subject of bankruptcies throughout the United States. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures. To provide for the punishment of counterfeiting the securities and current coin of the United States. To establish post offices and post roads. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. To constitute tribunals inferior to the Supreme Court. To define and punish piracies and felonies committed on the high seas and offenses against the law of nations. * The Presidents have made frequent use of their right to veto and only a very small percentage of hills have been repassed over their veto. The presidential veto can not be applied to a particular provision of a bill, but must apply to the bill as a whole. 2 Law of 29 June 1906 establishing a Bureau of Naturalization and a Bureau of Immi- gration and instituting uniforni rules for the naturalization of foreigners in the United States. 612 CONSTITUTIONS OF THE STATES AT WAR. To declare war, grant letters of marque and reprisal and make rules concerning- captures on land and water. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years. To provide and maintain a navy. To make rules for the government and regulation of the land and naval forces. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding 10 miles square) as may, by cession of par- ticular States and the acceptance of Congress, become the seat of the government of the United States,^ and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings. And To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Sect. 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be pro- hibited by the Congress prior to the year 1808, but a tax or duty may be imposed on such importation, not exceeding $10 for each person.^ The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law ^ shall be passed. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.* No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear or pay duties in another. 1 This territory, now called the District of Columbia and containing the city of Wash- ington, was a part of the original State of Maryland. 2 This refers to the negro slave trade, which was abolished by the thirteenth amend- ment (below, p. 620). 2 The common interpretation of this term is that it refers only to retroactive laws in criminal matters. * See above, p. 608. UNITED STATES. 61S No money shall be drawn from the Treasury, but in consequence of appropriations made hj law : and a regular statement and account of the receipts and expenditures of all public money shall be pub- lished from time to time. Xo title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign State. Sect. 10.^ No State shall enter into any treaty, alliance or confeder- ation ; grant letters of marque and reprisal ; coin money ; emit bills of credit; make anything but gold and silver coin a tender in pay- ment of debt ; pass any bill of attainder, ex post facto law ^ or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any im- posts or duties on imports or exports, except what may be absolutely necessar}^ for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Article II. Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of 4 years, and, together with the Vice-President, chosen for the same term, be elected as follows : Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of sen- ators and representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed and elector.^ The Congress may determine the time of choosing the electors,* and the day on which they shall give their votes ^ ; which day shall be the same throughout the United States. ^ See the sixteenth amendment (below, p. 622). 2 The common interpretation of this term is that it refers only to retroactive laws in criminal matters. 3 Paragraph 3 of this section (omitted here) has been superseded by the twelfth amend- ment (below, p. 619). *The Act of 23 January 1845 has fixed this time as the Tuesday which follows the first Monday in November of the year in which the presidential election is to take place. ^The Law of 3 February 1887 fixed this day as tlie second Monday of January. 614 CONSTITUTIOIsrS OF THE STATES AT WAR. No person except a natural-born citizen, or n, citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained to the age of 35 years and been 14 years a resident within the United States. In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resig- nation or inability both of the President and Vice-President, de- claring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.^ The President shall, at stated times, receive for his services a com- pensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.^ Before he enter on the execution of his office, he shall take the fol- lowing oath or affirmation : I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States. Sect. 2. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive department,^ upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. 1 In 1792, the Congress entrusted (Act of 1 March) to the president pro tempore of the Senate the exercise of the presidential powers on the default of the President and Vice-President. This provision was superseded by the Act of 19 January 1886, which provided that in this case the presidential powers devolve upon one of the cabinet mem- bers, in the following order (the last three mentioned are heads of departments created subsequent to 1886) : 1. Secretary of State. 6. Secretary of Navy. 2. Secretary of Treasury. 7. Secretary of Interior. 3. Secretary of War. 8. Secretary of Agriculture. 4. Attorney-General. 9. Secretary of Commerce. 5. Postmaster-General. 10. Secretary of Labor. The cabinet members called in such a contingency should possess the following quali- fications : To have been regTilarly appointed, to be constitutionally eligible to the Presi- dency and not to be under impeachment. If the Congress is not in session, it should be convoked in 20 days. 2 The annual compensation of the President is $75,000, with an allowance of .$25,000 for traveling (Act of 4 March 1909) ; that of the Vice-President is $12,000. 3 There are 10 departments : State, Treasury, War, Justice, Post Office, Navy, Interior, Agriculture, Commerce, Labor. UNITED STATES. 615 He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and con- sent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Sect. 3. He shall from time to time give to the Congress informa- tion of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall com- mission all the officers of the United States. Sect. 4. Tlie President, Vice-President and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misde- meanors. Article III. Section 1. The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.^ The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a com- pensation, which shall not be diminished during their continuance in office. Sect. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more States, between a State and citizens of another State, 1 The federal courts were reorganized by the Acts of 10 April 1869, 24 February 1891 and 31 January 1903. There are 8 jurisdictions : district courts, circuit courts and the Supreme Court. There are 84 districts and 9 circuits. 616 CONSTITUTIONS OF THE STATES AT WAR. between citizens of different States, betAveen citizens of the same State claiming lands under gi-ants of different States, and between -i State, or the citizens thereof, and foreign States, citizens, or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before men- tioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Sect. 3. Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on con- fession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted. Article IV. Section 1. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Sect. 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. A person charged in any State with treason, felony or other crime who shall flee from justice and be found in another State shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.^ Sect. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the juris- diction of any other State; nor any State be formed by the junction ^ Paragraph 3 of this section provided for the arrest of fugitive slaves and their extra- dition from State to State. This procedure disappeared with the abolition of slavery. See the thirteenth amendment (below, p. 620). UNITED STATES. 617 of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property be- longing to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Sect. 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the legislature, or of the executive (when the legislature can not be convened), against domestic violence. Article V. The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Con- stitution, when ratified by the legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year 1808 shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its con- sent, shall be deprived of its equal suffrage in the Senate. Article VI. All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anj' thing in the Constitution or laws of any State to • the contrary notwithstanding. The senators and representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. 88381—19 40 618 coNSTiTUTioisrs of the states at war. Article VII. The ratification of the conventions of 9 States shall be sufficient for the establishment of this Constitution between the States so rati- fying the same.^ AMENDMENTS TO THE CONSTITUTION OF 17 SEPTEMBER 1787.2 [Article I.] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. [Article II.] A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be in- fringed. [Article III.] No soldier shall, in time of peace, be quartered in any house, with- out the consent of the owner, nor in time of war, but in a manner to be prescribed by law. [Article IV.] The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. [Article V.] No person shall be held to answer for a capital or otherwise in- famous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the 'militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use without just compensation. 1 Here follow the signatures of the president and secretary of the Convention and 38 deputies. 2 The first 10 amendments were proposed by the First Congress on 25 September 1789 and were ratified by three fourths of the States during the 2 succeeding years. They are unnumbered in the original. UNITED STATES. 619 [Article VI.] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and dis- trict wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. [Article VII.] In suits at common law, where the value in controversy shall ex- ceed $20, the right of trial by jury sliall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. [Article VIII.] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [Article IX.] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [Article X.] The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Article XI. '^ The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Article XII. ^ The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be 1 The eleventh amendment was proposed to the States on 12 March 1794 and was declared adopted on 8 January 1798. 2 The twelfth amendment was proposed to the States on 12 December 1803 and was de- clared adopted on 25 September 1804. It superseded Paragraph 3 of Section 1 of Article II. The House has had to exercise its right of choice twice (1800 and 1824) ; the Senate, once (1836). 620 CONSTITUTIOlSrS OF THE STATES AT WAR. an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vive-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ; — the person having the greatest num- ber of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as Presi- dent, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or mem- bers from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall de- volve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. — The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice- President; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineli- gible to the office of President shall be eligible to that of Vice-Presi- dent of the United States. Article XIII.^ Section 1. Neither slavery nor involuntary servitude,^ except as a punishment for crime whereof the party shall have been duly con- victed, shall exist within the United States, or any place subject to their jurisdiction. Sect. 2. Congress shall have power to enforce this article by appro- priate legislation. 1 The thirteenth amendment was proposed to the States on 1 February 1865 and was declared adopted on 18 December 1865. 2 Peonage was suppressed by the Act of 2 March 1867. UNITED STATES. 621 Article XIV.^ Section 1, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Sect. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being 21 years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens 21 years of age in such State.^ Sect. 3. No person shall be a senator or representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitu- 1 The fourteenth amendment was proposed to the States on 16 June 1866 and was declared adopted on 21 July 1868. 2 After the 15th decennial census, the Act of 8 August 1911 apportioned the representa- tives to the 48 States as follows : Alabama 10 Arizona 1 Arkansas 7 California 11 Colorado 4 Connecticut 5 Delaware , 1 Florida . 4 Georgia , 12 Idaho 2 Illinois 27 Indiana 13 Iowa 11 Kansas 8 Kentucky 11 Louisiana 8 Maine 4 Maryland - 6 Massachusetts 16 Michigan 13 Minnesota 10 Mississippi 8 Missouri 16 Montana 2 Nebraska 6 Nevada 1 New Hampshire 2 New Jersey 12 New Mexico 1 New York 43 North Carolina 10 North Dakota 3 Ohio 22 Oklahoma 8 Oregon 3 Pennsylvania 36 Rhode Island 3 South Carolina 7 South Dakota 3 Tennessee 10 Texas 18 Utah 2 Vermont 2 Virginia 10 Washington 5 West Virginia 6 Wisconsin 11 Wyoming 1 There are 435 members In all or approximately 1 member to 210,669 people. Besides, the territories of Alaska and Hawaii have each 1 nonvoting delegate, the Philippine Islands have 2 resident commissioners, and Porto Rico has 1 resident commissioner. 622 CONSTITUTIONS OF THE STATES AT WAK. tion of the United States, shall have engaged in insurrection or re- bellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each house, remove such disability.^ 'Sect. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pen- sions and bounties for services in suppressing insurrection or re- bellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obliga- tions and claims shall be held illegal and void. Sect. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Article XV. ^ Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude. Sect. 2. The Congress shall have power to enforce this article by appropriate legislation. Article XVI.^ The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the sev- eral States, and without regard to any census or enumeration. Article XVII.* The Senate of the United States shall be composed of 2 senators from each State, elected by the people thereof, for 6 years ; and each senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of elec- tion to fill such vacancies : Provided^ That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. * This section is practically obsolete through successive legislative measures from 1872 to the Act of 6 June 1898. 2 The fifteenth amendment was proposed to the States on 27 February 1869 and was declared adopted on 30 March 1870. 3 The sixteenth amendment was proposed tO' the States on 26 July 1909 and was de- clared adopted on 25 February 1913. *The seventeenth amendment was proposed to the States on 17 May 1912 and was declared adopted on 31 May 1913. UNITED STATES. 623 This amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the Con- stitution. Article XVIII.^ Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Sect. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Sect. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within 7 years from the date of the submission hereof to the States by the Congress.^ 1 The eighteenth amendment was proposed to the States on 3 December 1917 and was declared adopted on 29 January 1919. 2 A nineteenth amendment, proposed to the States on 4 June 1919, but at the moment of going to press not yet ratified by the legislatures of three fourths of the States, reads as follows : Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Sect. 2. Congress shall have power, by appropriate legislation, to enforce the provi- sions of this article. INDEX. [The reference is made to page and (In parentheses) to the article or articles of the particular constitutional document appearing on that page. In a few instances, where one article covers two or more pages, the reference in parentheses is to the section of the article instead of to the article. Continued reference is indicated by a short dash, e. g., 207 (4.5)-208 (62) or 207 (45-47). The letter n and a figure placed in italics after the page number indicates that the reference is to the corresponding footnote on that page. Although the indexes under the individual countries are fairly complete, the references under general subject-headings are in many instances merely selective.] Abdul Hamid II, 481. Aborigines: Liberia, 373(14); Nicaragua, 448(38). Academic degrees, .see Degi'ees. Acquaviva (Parish, San Marino), 550(9). Adolphus, Grand Duke (Luxemburg), 391, 39fi nl. Adrianople, Treaty of, 553. Africans, 153(6). Agriculture: Brazil, 69(35) ; Bulgaria, 104 (161) ; Costa Rica, 130(12) ; Egypt, 183(36), 186(42) ; Haiti, 296(5) ; Hun- gary, 29(14) ; Japan, 856 nl; Nica- ragua, 442(6). Ahmed, Mirssa, 482. Ain, Department of (France), 210(2). Aisne, Department of (France), 210(2). Akkerman Convention of 7 October 1826 (Serbia), 553. Alabama (U. S. A.), 621 n2. Alagoas (Brazil), 66 n3. Alajuela, (Costa Rica), 143(116). Alaska (U. S. A.), 621 ii2. Albania, 1. Albert, King (Belgium), 53 nl. Albert, Charles (Italy), 337. Alexandria (Egypt), 177(3). Alexin atz (Serbia), 564(81). Algeria, 200(11), 202(20), ti2, 208 nH, 210(2). Alienation of territory : Bulgaria, 101 (142) ; Costa Rica, 130(6) ; Nicara- gua, 442(14) ; Serbia, 554(4) ; see also Territory. AUier, Department of (France), 210(2). Alpes-Maritimes, Department of (France), 210(2). Alsace-Lorraine, 219 nl, n2, 221(6), 224 ni. Amazona.s (Brazil), 66 nS. Ambassadors: China, 109(34) ; France, 193 (3) ; Germany, 223(11) ; Greece, 277 (102) ; Italy, 341(33) ; Liberia, 366 (1), 368(5) ; Serbia, 567(98) ; Turkey, 598(62) ; United States, 614-615; see also Diplomatic affairs. Amercietur, 241(14). American Acade>y of Political and Social Sciences, Annals of, see Currier, C. F. A. ; Rowe, L. S., and S. M. Lindsay ; Vincent, J. M., and A. S. Vincent. American Colonization Society, 374(16). American Constitutions, see Rodriquez, J. I. American Journal of International Law, Supplement to the (cited), 106 nl. Amnesty : Brazil, 69(27) , Bulgaria, 89(15^ 103(159) ; China, 109(40) ; Costa Rica, 138(12) ; Cuba, 162(10), 165 (15) ; France, 193(3) ; Greece, 267 (39). 273(81) ; Guatemala, 288(16) ; Haiti, 305(75), 313; Honduras, 324 (7), 328(9); Japan, 353(16); Li- beria, 367(1) ; Montenegro, 408(12), 408(13) ; Nicaragua, 441(85), 442 (23), 446(111) ; Panama, 465(17), 468(18) ; Portugal, 507(18), 513(71) ; Russia, 540(23) ; Serbia, 560(51) ; United States, 614(2). Amparo, 335(162), 454(159). Anderson-Porras Treaty, 113(5). Andreas II (Hungary), 25. Anglican Church, 57 ni. Anhalt (Germany), 219(1), 221(6), 224 n.}. Anne of Denmark, 259(3). Annuaire de l/gislation etrangere, iil ; (cited) (Bulgaria), 87 nl, nS, n!,, 88 nl, 106 nl; (Cuba), 151 n4; (Persia), 481 n2, 549 nJi, 554 h3, 555 n2, 566 nl. Annual Register (cited), 1 nl. Antivari (Montenegro), 421(129). Antwerp, 44(1). Arab Besdouins, 177(3). Ard^che, Department of (France), 210(2). Ardennes, Department of (France), 210(2). Ari^ge, Department of (France), 210(2). Arizona (U. S. A.), 621 n2. Arkansas (U. S. A.), 621 n^. Army, see Military affairs. Arndt, A., Verfassung dcs deutschen Reichs (cited), 229 nl. Arrest and prosecution: China, 106(6), 108 (25) ; Costa Rica, 116(30) ; Cuba, 154 (16, 20) ; Guatemala, 282(30) ; Haiti, 296(9) ; Liberia, 366(11) ; Liechten- stein, 376(9-11) ; Nicaragua, 435(26) ; Panama, 460(23) ; Portugal, 501(16) ; Russia, 541(31); Serbia, 559(9); United States, 610(6). Arringo generale (San Marino), 549. Arsenals: United States, 611(8). Artibonite (Haiti), 299(37). Arts: Brazil, 69(35); Cuba, 156(31); Panama, 465(13) ; Persia, 491(18) ; United States, 611(8). 625 Assembly INDEX. Assembly, right of: Austria, 17(11); Bel- gium, 46(19) ; Brazil, 79(8) ; Bul- garia, 95(82) ; China, 106(6) ; Costa Rica, 117(36) ; Cuba, 155(28) ; Greece, 266(10) ; Guatemala, 282(25) ; Haiti, 297(20) ; Italy, 341 (32-33) ; Japan, 353(29) ; Liberia, 360(5) ; Luxemburg, 394(24) ; Montenegro, 427(213) ; Nica- ragua, 437(48) ; Panama, 460(20) ; Portugal, 501(14) ; Roumania, 521 (26) ; Russia, 541 (36) ; Serbia, 558 (24) ; Turkey, 605(120). Assiut (Egypt), 177(3). Association, right to form : Bulgaria, 95 (S3); China, 106(6); Germany, 221 (16) ; Greece, 263(11) ; Guatemala, 282(25) ; Honduras, 320(58) ; Japan, 353(29) ; Luxemburg, 395(26) ; Persia, 492(21) ; Portugal, 501(14) ; Rouma- nia, 522(27) ; Russia, 542(38) ; Serbia, 558(25) ; Turkey, 592(13). Assuan (Egypt), 177(3). Asylum: (Honduras) 335(162) ; Nicaragua, 433(12), 454(159). Atlantic Ocean, 431(1). Attainder: United States, 613(10), 616(3). Aube, Department of (France), 210(2). Aude, Department of (France), 210(2;. Austria: S, 11-24, 217. Administrative and executive power, 23-24. Armed forces, under supreme command of Emperor, 24(5). Assembly, right Of, 17(11). Austria, Lower, 14(1), 15(6). Austria, Upper, 14(1), 15(6). Banks, 17(11). Bohemia, 14(1), 15(6). Budget, preparation of, 16(11). Bukowina, 14(1), 15(6). Carinthia, 14(1), 15(6). Carniola, 14(1), 15(6). Census, 17(11). Citizens: equality before the law, 12(2—3, 4), 14(19) ; liberties, civic and re- ligious, 12(4, 7, 8), 13(13-18) ; rights, in general, 12(10)-13(13) ; domicili- ary, 12(6, 9) ; of property, 12(5-6) ; suspension of rights and liberties, 14(20) ; vassalage, 12(7) ; and com- mercial and political treaties, 16(11). Citizenship, 11(1), 17(11). Commerce, 16—17. Gompromis of 1867, 11. Cracow, 14(1), 15(6). Credits, 17(11). Dalmatia, 14(1), 15(6). Domain, public, see Public domain. Domicile: inviolability of, 12(6, 9) ; legis- lation concerning, 17(11). Education, 17(11). Emigration, 12(4). Emperor: amnesty, right of, 23(13) ; ap- points and dismisses ministers, 23(3) ; concludes political treaties, 24(6) ; Austria — Continued. Emperor — Continued. confers titles, 23(4) ; has supreme com- mand of armed forces, 24(5) ; his per- son sacred, 23(2) ; oath, 24(8) ; par- don, right of, 23(13) ; peace, con- cluded by, 24(5) ; right to coin money^ 24(7) ; war, declaration of, 24(5). Executive power, 23—24. Finance, competence of Reichsrat in,. 16-17. Foreigners, 12(3), 17(11). Galicia, 14(1), 15(6). Oemeindevertretung, 12(4). Goerz, 14(1), 15(6). Gradiska, 14(1), 15(6). Hans der Abgeordneten, 14(1) ; see House of Representatives. Herrenhaus, 14(1) ; see House of Lords. House of Lords : clergy, higher, members of, 14(4) ; heads of noble families are hereditary members, 14(3) ; life mem- bers appointed by Emperor, 15(5) ; number of members, 15(5) ; president appointed by Emperor, 16(9) ; princess are members of, 14(2). House of Representatives : apportionment of members to election districts, 15(6) ; conduct of elections, 16(7) ; election of substitutes, 15(7) ; elegibility to, 15(7) ; membership, 15(6) ; president appointed by, 16(9). Imperial Court: competence of, 21(2); laws concerning, 17(11) ; sessions at Vienna, 21(5). Industry, 17(11), nl. Istria, 14(1), 15(6). Judiciary: amnesty, right of, 23(13) ; action brought against state or judicial oflBcer, 22(9) ; courts established by law, 22(2) ; courts may determine val- idity of ordinances, 22(7) ; criminal proceedings, 22(10) ; Imperial Court, 17 film), 21(2, 5) ; judges appointed for life by Emperor, 22(5) ; judges are independent, 22(6) ; judicial power ex- ercised in name of Emperor, 22(1) ; jury trial assured, 23(11) ; justice sep- arated from administration, 23(14) ; legislation of matters common to Aus- tria and Hungary, 17(11) ; legislation of matters particular to countries, 17(11), oath of judicial officers, 22(8) ; pardon, right of, 23(13) ; pro- ceedings before judges are public, 22(10) ; Supreme Court of Justice and Cassation, Vienna, 23(12); see also Imperial Court. Landesordnung, 18 nl. Landesprdsident, 18 nl. Laws : officers of State responsible for observance of, 24(12) ; published in name of Emperor, 24(10) ; special laws, 24(11). 626 INDEX. Austria-Hungary Austria — Continued. Letters, secrecy of, 12(10). Loans, 16(11). Lodomeria, 14(1), 15(6). Mails, see Post. Military affairs, 16(11), 24(5). Ministers : entitled to take part in delib- erations of Reichsrat, 20(21) ; respon- sible for their acts, 24(9). Monetary system, 16(11), 17(11), 24(7). Monopolies, 17(11). Moravia, 14(1), 15(6). NaviRation, 17(11). Nobility : seats in House of Lords, 14(2,3). Occupation, freedom of, 13(18). Passports, 17(11). Patents, 17(11). Peace, conclusion of, 24(5). Person, freedom of, 12(8). Petition, right of, 13(11). Post, 17(11). Press, freedom of, 13(12), 17(11). Property rights, 12(5). Public debt, 16(11). Public domain, legislation respecting, 16(llc). Public health, 17(11). Public office, 12(2-3). Race, equality of, 14(19). Railways, 17(11). Reichsgerielit, 20(1) ; see Imperial Court. Reichsrat: adjournment, 20(19) ; com- petence of, 16(11) ; composition of, 14(1) ; convened annually by Emperor, 16(10) ; House of Lords, 14(1) ; House of Representatives, 14(1) ; is the repre- sentative body, 14(1) ; legislation be- longing within power of provincial diet, 17(12) ; members elected for 6 years, 19(18) ; members eligible for reelection, 20(18) ; members, freedom from arrest, 19(16) ; members must personally exer- cise right to vote, 19(17) ; members re- ceive no instruction, 19(16) ; ministers to take part in deliberations, 20(20) ; quorum, 19(15) ; right to propose laws, 18(13) ; right to propose emergency legislation, 18(14) ; sessions are public, 20(23) ; sessions may be secret, 20 (23) ; term, length of, 19 n2. Religion: freedom of, 13(14—15) ; higher clergy in House of Lords, 14(4). Salzburg, 14(1), 15(6). Science, freedom of," 13(17). Seignorial rights, 17(11). Silesia, Lower, 14(1), 15(6). Silesia, Upper, 14(1), 15(6). Statthalter, 18 nl. Styria, 14(1), 15(6). Taxes, levy of, 16(11). Teaching, freedom of, 13(17). Territory, alienation of, 16(11). Trade-marks, 17(11). Austria — Continued. Treaties, 16(11), 24(6). Triest, 14(1), 15(6). Tyrol, 14(1), 15(6). Vassalage abolished, 12(7). Verordnungen, 22(7). Voralberg, 14(1), 15(6). War, declaration of, 24(5). Weights and measures, 17(11). Austria, Lower, 6(8), 14(1), 15(6). Austria, Upper, 6(8), 14(1), 15(6). Austria-Hungrary (The Dual Monarchy) : 3-10; see also Austria (11-24), and Hungary (25-41). Affairs not common to, 4(2). Affairs common to: 4(1) ; administra- tion of such affairs, 5(5) ; common ad- ministration of Bosnia and Herze- govina, 9—10 ; common legislative mat- ters, 5(6). Army, management and conduct of be- longs to Emperor, 5(5). Austria, Lower, 6(8). Austria, Upper, 6(8). Austrian Law of 21 December 1867, 3, 4-9. Austrian Law of 22 February 1880, 9-10. Berlin. Treaty of, 3. Bohemia, 6(8). Bosnia a;id Herzegovina : incorporation in Austria-Hungary, 3 ; administration of, by Austria-Hungary, 9-10. Bukowina, 6(8). Carinthia, 6(8). Carniola, 6(8). Commercial affairs not common to Aus- tria and Hungary, 4(2). Cracow, 6(8). Customs : legislation not common to Aus- tria and Hungary, 4(2) ; of Bosnia and Herzegovina, 10(4). Dalmatia, 6(8). Defense, systems of, not common to Austria and Hungary, 4(2). Diet (Hungarian) : 5(3, 6), n2, 6; see also Legislative body. Dual Monarchy : formation of, 3 ; or- ganization of, 4—10. Emperor, 5(5), 9(36). Expenses : common to Austria and Hun- gary, 4(4) ; may be fixed for one year by Emperor, 5(3) ; of Bosnia and Herzegovina, 10(3). Finances, common to Austria and Hun- gary, 4(1). Foreign affairs, common to Austria and Hungary, 4(1) ; Minister of, 4 nS. Galicia, 6(8). German language, use of, in joint legisla- tive body, 8(30). Goerz. 6(8). Gradiska, 6(8). Hapsburgs, throne of the, 3. History of, 3. 627 Austria-Hungary INDEX. Austria-Hungary — Continued. House of Lords : shall choose 20 mem- bers for Reichsrat, 5(S). House of Representatives : shall choose 40 members for Reichsrat, 6(8) ; composi- tion, 6(8). Hungarian language, use of, in joint legis- lative body, 8(30). Hungarian Lavi^ 12 of 12 June 1867, 3, 4 n2, nlf, 5 nl. Hlungarian Law 6 of 1880, 9 n4. Istria, 6(8). Laws : 21 Dec. 1867, 3, 4 ; Austrian Law of 22 Feb. 1880, 9 ; Law of 21 Dec. 1867, 3, 4 ; Law concerning administration, 9-10. Legislative body, joint to both monarch- ies : composition, 5(7)-6(12) ; Em- peror's approval of enactments on mat- ters not common to both monarchies, 9(36) ; functions, 5(6), 6(13) ; func- tions in matters not common to both monarchies, 9(36) ; joint presidents, 8(31-32) ; legislative procedure, 6 (14)-7(22) ; 8(28)-9(36) ; quorum, 8 (33) ; sessions, 8(26-27, 29), 9 (34) ; rights of the joint ministry in, 8(28), 9(36). Loans, joint, 5 (3), nS. Lodomeria, 6(8). Military and naval affairs common to Austria and Hungary, 4(1) ; defense, system of, not common to Austria and Hungary, 4(2). Ministry : rights in and coordination with the joint legislative body, 9(36) ; minister of foreign affairs, 4 nS. Monetary system and standard not com- mon to Austria and Hungary, 4(2) ; of Bosnia and Herzegovina, 10(4). Moravia, 6(8). Naval affairs, not common to Austria and Hungary, 4(1). Pragmatic Sanction of 19 April 1713, 3. Public debt, 5(4), nl,. Railways : regulation of, not common to Austria and Hungary, 4(2) ; construc- tions of, in Bosnia and Herzegovina, 10(3). Reichsrat (Austrian) : 5(3, 6, 7), nZ, 6(9-12), 7(20-25), 8(26, 30), 9(35) ; see also Legislative body. Salzburg, 6(8). Silesia, Lower, 6(8). Silesia, Upper, 6(8). Styria, 6(8). Taxes, indirect : not common to Austria and Hungary, 4(2) ; of Bosnia and Herzegovina, 10(4), Triest, 6(8). Tyrol, 6(8). Voralberg, 6(8). Authors: Cuba, 156(35); Guatemala, 281(20) ; Honduras 821(68), 324(16) ; Nicaragua, 437(59), 441(85) ; Panama, Authors — Continued. 462(40) ; Roumania, 521(24) ; Serbia, 557(22) ; United States, 611(8) ; see also Writers. Autocratic power (Russia), 538(4). Aveyron, Department of (France), 210(2). Avlona, 1. Bacau (Roumania), 525(62). Bacs-Bodrogh (Hungary), 35(4). Baden (Germany), 219 (1), 221(6), 224 ni, 231 nS. Bahia (Brazil), 66 nS. Bahai Honda (Cuba), 174 nl. Bail : Great Britain, 257 ; Liberia, 361(10) ; United States, 619(8). Ball, Alice M., iv. Ballot: United States, 619(12). Bandars, 183(37), 184(2). Banishment: Brazil, 80(20), 82(80); Cuba, 156(30), 157(4) ; see also Exile. Bank of France, 202 fi3, 205 n2. Bankruptcies: United States, 611(8). Banks and banking: Austria, 17(11) ; Bra- zil, 63(7), 68(8) ; Costa Rica, 130(8) ; France, 202 7i3, 205 n2j Germany, 220(4), 224(3) ; Nicaragua, 443(26) ; Portugal, 506(11) ; Turkey, 599(6). Barillas, Don Manuel Lisandro, 292(4). Basses-Alpes, Department of (France), 210(2). Basses-Pyrenees, Department of (France), 210(2). Bassa County (Liberia), 364(5). Bavaria (Germany), 219(1), 221(6), 224 nh 231 nS. Bedouins, 177(3). Beggars: Brazil, 78(70). Behera (Egypt), 177(3). Belfort (France), 210(2), 214(3). Belgium, 43-59. Albert, King, 53 nl. Anglican Church, 57 ni. Antwerp, 44(1). Appeal courts, 55(104). Army: armed police, 58(120); citizen militia, 58(122, 123) ; contingent voted annually, 58(119) ; foreign troops not allowed to cross or occupy territory, 58(121) ; King confers grades, 52(66) ; method of recruiting determined by law, 57(118) ; right of soldiers to hon- ors, 58(124). . Authority : emanates from the people, 46(25) ; initiative rests with the three branches, 46(27) ; legislative power ex- ercised collectively by King, House and Senate, 46(26). Brabant, 44(1). Brussels, 58(126). Capital city, 58(126). Catholic Church, 57 ni. Citizen militia, 58(122, 123). 628 INDEX. Belgium Belgrlam — Continued. Citizens : are equal before the law, 44(6) ; civil rights, deprivation of, abolished, 45(13) ; confi.scation of property not to bo established, 45(12) ; domicile in- violable, 45(10) ; freedom of worship, 43(15) ; individual liberty guaranteed, 44(7) ; nationality, 44(4) ; naturaliza- tion, 44(5) ; no class distinction, 44(6) ; political rights, 44(4) ; privacy of cor- respondence, 46(22) ; right of assem- bly, 46(19) ; right of petition, 46(21) ; use of language optional, 46(23). Civil marriage precedes religious cere- mony, 45(16). Civil rights, deprivation of, abolished, 45(13). Coat of arms, 58(125). Coinage, right belongs to King, 52(74). Colonies, possessions, 44(1). Colors, 58(125). Commerce, 47(31). Communes, rectification of boundaries of, 44(3). Congo Free State : administration taken over by Belgium, 43, 51 nJt ; constitu- tional law sanctioned, 43. Constitution : all laws contrary thereto are abrogated, 59(138) ; no change to be made during regency, 53(84) ; not to be suspended, 59(130) ; passed 7 Feb. 1831, 43, 44 ; promulgated 11 Feb. 1831, 43 ; . revision of, 58(131) ; temporary pro- visions, 59(132-138). Domicile inviolable, 45(10). East Flanders, 44(1). Education: private instruction, 45(17); public instruction, 45(17). Equality before law, 44(6). Evangelical Church, 57 nJi. Finance: budget voted annually, 57(115) ; court of accounts, 57(116) ; expendi- tures of State and army, 46(27) ; no tax privileges, 57(112) ; pensions, 57(114) ; salaries of ministers of re- ligion paid by State. 57(117) ; taxes, how imposed, 56(110) ; taxes voted an- nually, 56(111). Flanders, 44(1). Foreigners: protection of, 58(128); right of, 59(133). Hainaut, 44(1). Holland, union with. 43. House of Representatives : additional votes allotted to citizens, 48(47) ; classification of voters, 48(47) ; elec- toral colleges, 49(48) ; has power to accuse minister, 59(134) ; members chosen by direct election, 48(47) ; members, compensation, 49(52) ; mem- bers elected for 4 years, 49(51) ; mem- bers, eligibility, 49(50) ; representa- tives, 49(49) ; votes allotted to citi- zens, 48(47). Bel^iaiii^ — ^Contiuued. Independence of Belgium proclaimed 18 Nov. 1830, 43. .Tewish religion, 57 M. Judiciary: appeal courts, 55(104) ; com- mercial courts, 56(105) ; Court of Cas- sation, 54(95) ; courts, competence of, 54(92) ; coui-ts, personnel to be main- tained, 59(135) ; interpretation of law belongs to legislative power, 46(28) ; judgments to be pronounced in open court, 55(97) ; judges appointed by King, 55(99) ; judges appointed for life, 55(100) ; judicial power exercised by courts, 46(30) ; laws abolished, 59(137) ; military tribunals, 55(105) ; oaths, form of, 58(127) ; penalty by virtue of law, 45(9) ; right of jury trial established, 55(98) ; salaries of mem- bers fixed by law, 55(102) ; sessions of courts to be public, 55(96). King : appoints and dismisses ministers 52(65) ; appoints government officials 52(66) ; appoints judges, 55(99) ; ap proves and promulgates laws, 52(69) civil list, 53(77), nl; commands land and sea forces, 52(68) ; confers grades in army, 52(66) ; constitutional pow- ers are hereditary, 51(60) ; confers military orders, 53(76) ; confers titles, 52(75) ; executive power vested in, 46(29) ; has power to remit penalties, 52(73) ; has right to coin money, 52(74) ; has right to convene Houses, 52(71) ; issues decrees, 52(67) ; major- ity, 53(80) ; ministers responsible for decrees, 51(64) ; oath, 53(80) ; per- son inviolable, 51(63) ; privileges of, 52(68) ; regency, 53(82) ; shall not be head of another State, 51(62) ; succes- sion, 51(61), 53(81). Laws : ordinances obligatory after being published, 58(130) ; Netherlands Con- stitutional Law of 25 Aug. 1830, 43 ; Protocol of 21 June 1814, 43. Legislative body : assembles at the death of King, 53(79) ; determines the man- ner to exercise its power, 48(46) ; elects its own president, 47(37) ; mem- ber can not belong to both Houses, 47 (35) ; members free from arrest, 48 (44) ; members represent the nation, 47 (32) ; petition in person forbidden, 48 f43) ; procedure, 47(41, 42) ; provide for the vacancy of the throne, 58(85) : quorum, 47(38) ; right to investigate public affairs, 47(40) ; sessions are public, 47(33) ; sessions may be secret, 47(33) ; time of assembly, 52(70) ; votes, how taken, 47(39). Leopold of Saxe-Coburg, 43. Limbourg, 44(1). Luxembourg, 44(1). Military tribunals, 55(105). 629 Belgium INDEX. Belgium — Continued. Ministers : appointed and dismissed by King, 52(65) ; can be accused by House of Representatives, 54(90) ; have ad- mission to either house, 54(88) ; not relieved of responsibility by King, 54(89) ; qualifications, 54(86) ; sen- tenced by Court of Cassation, 54(91). Mort civile, 45(13), nZ. Motto, 58(125). Namur, 44(1). National Congress of Belgians of 10 Nov. 1830, 43. Naturalization, 44(5). Nobility, titles of, conferred by King, 52(75). Oaths, form of, 58(127). Person, liberty of, 44(7). Polders, 57(113). Possessions, 44(1). Press: censorship prohibited, 45(18); freedom of, 45(18). Property rights, 45(11). Protestant Evangelical Chvirch, 57 nlf. Provinces, 44(1—3). Provincial and communal institutions, 56(108-109). Public officials, action against, 46(24). Religion : appointment of ministers, 45(16) ; civil marriage precedes re- ligious ceremony, 45(16) ; freedom of worship, 45(14) ; salaries and pensions paid by State, 57(117). Revolution of 25 Aug. 1830, 43. Senate: composition, 50(1) ; eligibility to election 50(56) ; illegal meetings, 51(59) ; members elected for 8 years, 50(55) ; members receive no salary, 50(57) ; number of senators elected, 50(54) ; sons of King and princes have right to Senate, 51(58). Taxes, 56(110-111). Territory, rectification of boundary of, 44(33). Titles, conferred by King, 52(75). Treaties, made by King, 52(68). Union with Holland, 43. Wateringen, 57(113). West Flanders, 44(1). Belgrade, 39(4), 553(2), 564(81). Belgrade University of, 583 nl. Beni-Souef (Egypt), 177(3). Bjrat, 600(81). Berlad (Roumania), 525(62). Berlin : Treaty of, 3, 407, 589. Berwick upon Tweed (Great Britain), 253 (10). Bibles, 340(28). Bills of credit (United States), 613(10). Birket (Egypt), 186(41). Bluefields (Nicaragua), 449(117). Bocas del Toro (Panama), 458(4). Bohemia, 6(8), 14(1), 15(6). Bonaparte, Louis Napoleon, 192(9). Bonaparte, Napoleon, 191(4), 217, 337. Borgo (Parish, San Marino), 550(9). Bosnia and Herzegovina : incorporation in Austria-Hungary, 3 ; administration of, by Austria-Hungary, 9-10. Botoshani (Roumania), 525(62). Bouches-du-RhOne, Department of (Prance), 210(2). Boundaries: Brazil, 68(10); Bulgaria, 88(2) ; Costa Rica, 112(3) ; Egypt, 183(37) ; Panama, 458(4), 466(24), 467(7) ; Persia, 485(22), 493; Portu- gal, 506(12) ; Roumania, 518(2). Bounties: United States, 622(4). Bourbon Charter of 1814, 191(5). Boyer (President of Haiti), 295. Brabant (Belgium), 44(1). Braila (Roumania), 525(62). Branding, 393(18). Branner, J. C, Foreign Constitutions {The Convention Manual of the Sixth Net* York State Constitutional Convention, 1894) (cited), 44 Jii, 61 wi. Brazil: 61-85. Agriculture, 69(35). Alagoas, 66 n3. Amazonas, 66 nS. Amnesty, 69(27). Anonymous publications, 79(12). Armed forces, 68(17). Arsenals, 69(31). Arts and sciences, 69(35). Assembly, right of, 79(8). Attorney General, 75(58), 82(81). Babia, 66 n3. Banishment, 80(20), 82(80). Banks, 63(7), 68(8). Beggars, 78(70). Boundaries, 68(10). Ceara, 66 nS. Cemeteries, 79(5). Census, 67(28). Chamber of Deputies: power, 65(18); eligibility to, 66(26) ; composition, 66(28) ; adjournment, 67(29) ; freedom of, 65(19) ; see also Senate; National Congress ; Legislative power. Citizens: qualifications, 77(69); rights and duties, 78-81(72) ; military ser- vice, 82(86). Civil law, 76(60). Civil marriage, 79(4). Civil rights, 80(28). Coins, 68(7). Commerce: 69(35) ; international, 68(5). Commissions, 81(74). Constant, Benjamin, Botelho de Megal- haes, 85(8). Constitution: 69(35); amendments, 83 (90). Constitutions, State, 76(63). Conventions, 68(12), 73(48). Copyright, 80(26). Correspondence, secrecy of, 80(18). Court of Accounts, 83(89). Credit, 84(4). 630 IjSTDEX. Brazil Brazil — Continued. Crirainnl cases, 82(81). Custom-houses, 63(7). Damages, 76(60). Death penalty, 80(21). Defense, 64(14), 68(16). Deputies, 66(28). Descmbargadores (judicial oflScers) , 85(6). Detention, 81(80). Diplomatic corps, 73(48). Diplomatic missions, 65(23). Districto Federal, see Federal District. Domicile, 79(11). Draft, military, 83(87). Education, 69(30, 3, 4), 79(6). Elections, 68(22), 72(47), 84(1-4). Electors, 66(26), 78(70). Emigration, 79(10). Equality before law, 78(72). Espirito Santo, 66 nS. Estates of foreigners, 76(61). Exemption from duties of citizenship, 80(29). Executive power, 64(15), 70(41) ; see also President. Extradition, 69(32), 77(66). Federal administration, 84(3). Federal appointments, 75(58). Federal capital, 62(2, 3), n$. Federal District, 62(2), w2, 66(28), 69(30, 35), 77(67). Federal government, 62(6). Federal judges, 85(6). Federal offices, 69(25). Federal revenue, 68(4). Federal Supreme Court, see Supreme Court. Foreign forces, 68(19). Foreign relations, 73(14). Foreigners, 76(60), 78(69). Form of government, 62(1) ; States, re- lation of, 62(4) ; Federal government, 62(6). Oalleys, 80(20). Government, 62(1). Goyaz, 66 nS. Habeas corpus, 76(61), 80(22). Illiterates, 78(70). Immigration, 69(35), 79(10). Impeachment, 69(28), 74(52-54), 75(57). Imports, 63(7). Imprisonment, 79(14). Industries and professions, 63(9), 69 (.35). International law, 76(60). Inventions, 80(25). Judges, 73(11), 85(6). Judiciary: 64(15) ; composition, 74(55) ; salaries, 74(57) ; Attorney General, 75 (58), 82(81) ; power of Supreme Court, 74(55), 75(59) ; State courts, 76(62). Jury trial, 81(31). Law, protection of, 80(15). Irazil — Continued. Laws, 69(23), 69(33), 70(38). Legal promotions, 65(23). Legislative power: 64(15) ; National Con- gress, 64(16) ; elections, 64(16) ; see also Senate ; Chamber of Deputies. Legislature, 65(17). Loans, 68(2). Maranhao, 66 n3. Maritime laws, 76(60). Matto Grosso, 06 n3. Military affairs : commands and commis- sions, 65(23) ; militia, 68(20) ; forces, 72(48) ; soldiers, 78(70) ; officers, 81 (76, 77) ; Supreme Military Court, 81 (77) ; military service and instruc- tion, 82(86), 82(87). Minas Geraes, 66 iiS. Mines, 69(29), 77(64), 80(17). Ministers of State: 72(84), 73(49) ; pre- side over ministries, 73(49) ; shall not be elected President or Vice President, 73(50) ; impeachment, 74(52) ; see also President. Monastic orders, 78(70). Municipal authorities, 77(67). Municipalities, 77(68). National Congress, 64(16), 67(34). National guard, 68(20). National property, 77(64). Naturalization laws, 69(24). Naval affairs: forces, 72(48), 82(85), 83(87) ; officers, 81(76, 77) ; naval school, 83(87). Naval school, 83(87). Navigation, 64(13), 68(6), 76(60). Officers, army and navy, 81(76, 77). Para, 66 nS. Parahyba, 66 nS. Parana, 66 nS. National Congress, 64(16) ; powers, 67(34) ; laws and resolutions, 69(36) ; see also Legislative power ; Chamber of Deputies ; Senate. Patents, 80(25), nl. Peace, declaration of, 68(11), 72(48). Pedro, Dom, de Alcantara, 85(7). Pensions, 81(75). Pernambuco, 66 nS. Piauhy, 66 nS. Police service, 65(18), 69(30). Political crimes, 76(60). Political rights, 80(28). Port dues, 63(7). Post and Telegraph: 68(15); taxes, 63(7). President: 67(29), 70(41), 83(1); duties, 74(53) ; eligibility, 71(41) ; impeachment, 74(53) ; election 71(47) ; ministers of State, and, 73(49) ; oath 71(44) ; power of, 72(48) ; presidential message, 73(48) ; term, 71(43) ; Vice- President, 71(41) ; see also Ministers of State. Press, 79(12). 631 Brazil INDEX, Brazil — Continued. Products in transit, 64(11). Professions: industries and, 63(9) ; free- dom of, 80(24). Property: 63(9), 76(60) ; rights, 80(17). Public debt, 68(3), 82(84). Public lands, 69(29), 77(64). Public offices, 81(73), 82(82). Publications, 79(12). Real estate, 63(9). Recruiting, military, 82(87). Religion: freedom of, 79(3); worship, 64(11). Resolutions, legislative, 70(38). Retirement of judges, 85(6). Revenues, 84(5). Rio de Janeiro, 66 nS. Rio Grande do Norte, 66 nS. Rio Grande do Sul, 66 nS. Sao Paulo, 66 nS. Santa Catharina, 66 tiS. Senate: power, 65(18), 84(5) ; adjourn- ment, 66(17) ; vacancies, 65(17) ; free- dom of, 65(19) ; composition, 67(30) ; president, 67(32). Sergipe, 66 nS. Siege, 68(21), 73(48), 81(80). Speech, freedom of, 79(12). Stamp duties, 63(7). State Constitution, 76(63), 84(7). State courts, relation to Supreme Court, 76(62) ; see also Supreme Court. State judges, 85(6). State representation, 83(90). States, 62(1-5), 64(13), 76(63), 77(64- 67). Subsidies, 68(14), 79(7). Suffrage, 66(28), 71(47). Supreme Court, 71(41), 73(12), 74(55- 59); composition, 74(56); power of, 75(59) ; relation of State courts to, 76(62) ; see also State courts. Supreme Military Court, 81(77). Taxes, 63(7). Trade-marks, 80(27). Treaties, 68 (12), 73(48). Veto, 69(37). Vice-President, 67(32), 71(41, 47), 83 (1). Veto de qualidacle, 67(32). War, declaration of, 68(11), 72(48). "Weights and measures, 68(9). Bremen (Germany), 219(1), 221(6), 224 n4. Bribery : United States, 615(4). British and Foreign State Papers, iii ; (cited), 3 nl, 11 nl, 34 n2-7, 61 nS, 87 nl-3, 87 n2, n3, 88 nS, 111 nl-6, 151 nl, nS, nit, 175 w2, i^, 191 nl, n2, 192 nl-3, 217 nlS, 218 n2~i, 236 nl, 261 nl-6, 262 nl, 279 nl, nS, 295 nl, n2, 315 nl, n2, 351 n2, 352 nl, 359 n2, 375 nl, 391 nl-J,, 392 nl, 392 ni, nS, 407 nl, nS, 429 nl, 431 nlS, 457 n2, ni, 481 nl, 482 n2, 499 nl, nZ, 517 n2, 553 nl-5, 554 nl, nS 587 nl, 590 n2. British Foreign Office (statement cited), 1 n2. British Parliamentary Papers (cited), 482 n2, 489 n2. Browne, E. G., The Persian Revolution of 1905-1909 (cited), 481 nl, n2, 482 n2, 489 ni; A Brief Narrative of Recent Events in Persia (cited), 481 nl, 482 n2j The Persian Constitutional Movement (cited), 482 nlj Twelve Imams of the Shiah Sect of Islam, 490 nl. Brunswick (Germany), 219(1), 221(6), 224 ni. Brussels (Belgium), 58(126). Buchanan, Thomas, 359. Bucharest (Roumania), 525(62), 534(124). Bucharest, University of, 527(73). Budget: Austria, 16(11); Bulgaria, 98 (105), 99(119) ; China, 107(19) ; Costa Rica, 129(77), 140(105), 149 (1) ; Cuba, 161(59), 168(93), 170 (105) ; Egypt, 180(22), 182(35) ; Ger- many, 233(62) ; Greece, 265(24), 270 (60), 273(83) ; Haiti, 310(106) ; 311 (114) ; Honduras, 325(25), 332(135- 138) ; Japan, 357(64) ; Nicaragua, 451 (132), 452(139); Panama, 468(8); Persia, 484(18), 485(20) ; Portugal, 511(54) ; Roumania, 533(113) ; Rus- sia, 546(72) ; Serbia, 569(112), 579 (173), 583(196), 586(201); Turkey, 598(64), 602(96-102). Bukowina (Austria-Hungary), 6(8), 14(1), 15(6). Bulgaria: 87-104. Agriculture and Domains of the State, Ministry of, 104(161). Alienation of territory, 101(142). Armed forces, 98(102). Arms, 90(21), 97(102). Arrondissements, 88(3). Assembly, right of, 95(82). Associations, 95(83). Bills, legislative, 98(105, 109). Boundaries, 88(2). Budget, 98(105), 99(119). Censorship, 95(79). Citizens: 93(54) ; change of nationality, 93(53) ; are equal before law, 93(57) ; alone may be officials, 93(65) ; foreign subjects, 94(66). Civil list, 91(35). Civil rights, 93(60). Clergy, 100(132). Commerce, Industry and Labor, Ministry of, 104(161). Commissioners, 96(92). Commissions, 98(106). Communes, 88(3). Confiscation, 95(75). Constitution, mode of revision and modi- fication, 104(167-169). Constitutional amendments, 104(167). Contributions, 94(69). 632 INDEX. Bulgaria Bulgaria— Continued. Corniption, 103(155). Council of Ministers, 89(19), 92(47), 100(125), 101(140), 102(143, 148- 156) ; see also Ministers. Court of Accounts, 98(105). Courts martial, 94(73). Decrees, 89(18). Domicile, 95(74). Eastern Rumelia, 87. Education, 95(78, SO). Education of King, 91(32). Elections, 101(136). Electoral law, 88. Emergency expenditures, 100(126). Equality before law, 93(57). Executive power belongs to King, 89(12). Exemption from taxes, 94(70). Expropriation, 94(68). Ferdinand 1, 90(24). Finance, Ministry of, 104(161). Flag. 90(23). Foreign affairs and worship. Ministry of, 104(161). Foreign invasion, 94(73). Foreign relations, 89(17). Foreigners, 93(55), 93(64). 94(66). Form of government, 88(4). Fourteenth Ordinary National Assembly, 87. Freedom of worship, 91(40). Grand National Assembly: 87, 91(34), 96(85) ; convened by King, Regency, or Council of Ministers, 101(140) ; pur- pose, 101(141) ; composition, 102(145) ; see also National Assembly. Heir to the throne, 90(20), 91(36). Holy Scriptures, 95(80). Holy Synod, 91(39), 95(80). Imprisonment, 95(74). Insurrection, 94(73). Interior and Public Health, Ministry of, 104(161). Internal police, 98(103). Judicial power, 89(13). Justice, Ministry of, 104(161). King, majority of, 90(25). Liaws : submitted to King for his sanc- tion, 92(45) ; made in the forms indi- cated in Constitution, 92(43) ; King may publish ordinances, 92(47). Legislation, 88(9), 98(105, 108-109), 104(167). Letters, secrecy of, 95(77). Loans, 98(105), 100(123). Meetings, 97(99). Members of Assembly, 97 '95). Military affairs, 89(11), 94(71-72), 98(102). Ministers, 96(90), 98(105), 102(148), 103(152, 153, 158, 160) ; see also Council of Min.sters. National Assembly: 92(49) ; composition, 96(86) ; elegibility, 96(86) ; freedom of opinion of members, 97(93) ; meetings Balg:ai*ia — Continued. National Assembly — Continued. are public, 97(99) ; rules, 98(108) ; bills presented, 99(114) ; tie vote, 99(117) ; budget, 99(119) ; convening, 100(128) ; oath of members, 100(131) ; King's speech, 101(133) ; see also Grand National Assembly. Nationality, 93(56). Nobility, titles of, 93(58). Oath of Assembly, 100(131). Oaih of heir to the throne, 91(34). Offices of State, 104(164). Officials, 93(65). Ordinary National Assembly, 87, 96(85). Orthodox Christian Religion, 91(37). Orthodox Church, 95(80). Orthodox schools, 95(80). Ottoman Empire, 87. Pardon, 89(15), 103(159). Pension, 104(166). Petitions, 98(106). Police laws, 93(62). Political rights, 93(60). President of National Assembly, 96(88), 97(93), 102(145). Primary instruction, 95(78). I'rimogeniture, 90(24). Printers, 95(79). Property, immovable, 93(63). Property of State : belongs to Kingdom, 92(51) ; alienation of, 93(52) ; admin- istration of, 93(53). Property rights, 94(67). Propo.sals, legislative, 98(109), 104(167). Public Instruction, Ministry of, 104(161). Public order, 93(62). Pul)lic Works, Ministry of, 104(161). Publicity of Assembly, 97(100). Publishers, 95(79). Queen, 103(3). Railways, Posts and Telegraphs, Minis- try of, 104(161). Regency, 89(19), 90(26), 101(140), 102(143), 103(2). Regulations, 89(18). Religion: State religion, 91(37); free- dom of worship, 91(40) ; ecclesiastical affairs, 92(42). Representatives, 96(87), 97(97). Residence of King, 89(19). Russo-Turkish War, 87. San Stefano, 87. Seal, 90(22). Secret stipulations, 89(17). Siege, 94(73). Slavery, 93(61). State property, see Property of State. Succes.sion to the throne, 90(24-26), 91(32, 34-35, 37). Taxes, 92(48), 94(69-70), 98(105). Telegrams, secrecy of, 95(77). Territory: districts, 88(3); boundary lines, 88(2) ; may not be increased or diminished, 88(1). SS3S1— 19 41 633 Bulgaria INDEX. Bulgaria — Continued. Tirnovo, 87. Titles of nobility, 93(58). Torture, 95(75). Treaties, 89(17). Tutors of King, 91(33). Vice-President of National Assembly, 96(88), 102(145). War, Ministry of, 104(161). Writers, 95(79). Bulla Aurea, 25. Bulletin des Lois (Haiti), 304(66). Bundesrat (Germany), see Germany: Bun- desrat. Buoys: Germany, 220(4). Buzeu (Roumania), 525(62). Cairo, 177(3). California (U. S. A.), 621 n2. Calvados, Department of (Fi-ance), 210(2). Canals: Cuba, 161(59); Egypt, 179(18), 184(38) ; Germany, 220(4). Canas-Jerez (Costa Rica), 113(5). Cantal, Department of (France), 210(2). Cap-Haitien (Haiti), 299(32). Capital punishment, see Death penalty. Capitation: United States, 612(9). Carinthia (Austria-Hungary), 6(8), 14(1), 15(6). Carniola (Austria-Hungary), 6(8), 14(1), 15(6). Carrera, Rafael, 279. Cartago (Costa Rica), 143(116). Castel Gandolfo (Italy), 348(5). Catholic Church, see Roman Catholic Church. ■Caution money, 394(24), 521(24). Cavalry, see Military affairs. Cayes (Haiti), 299(32). Ceara (Brazil), 66 nS. Cemeteries: Portugal, 500(9). 'Cons, 526(63). Censorship: Bulgaria, 95(79); Greece, 264(14) ; Guatemala, 282(26) ; Haiti, 297(16) ; Luxemburg, 394(24) ; Monte- negro, 427(210); Panama, 461(27); Persia, 491(20); Portugal, 521(24); Serbia, 557(22). Census: Brazil, 67(28); Haiti, 299(32); Liberia, 365(7) ; Nicaragua, 448(36) ; Panama, 465(16) ; United States^ 608(2), 612(9). Central America, 433(10). Central American Federation, 111, 279, 315 (1), 431, 432(2). Central Americans, 316(8), 432(9). Chance, see Games of chance. Charente, Department of (France), 210(2). Charente-Inferieure, Department of (France), 210(2). Charles (of Hohenzollern-Sigmaringen), 517, 528(82). Charles II (England), 258 ji5. Charles VI (Liechtenstein), 375. ' Charleville (France), 200(12). ' Chambord, Comte de, 192(11). Charity and charitable institutions : Nica- ragua, 443(87) ; Panama, 461(34) ; Serbia, 583(193). Cher, Department of (France), 210(2). Chiesa nuova (Parish, San Marino), 550(9). China: 105-110. Advisory Council: composition, 107(17) ; election to, 107(17) ; powers, 107(19) ; meetings, 107(20) ; president of, 108(24) ; members, 108(25) ; procedure, 108(27) ; dissolution, 108(28). Ambassadors, 109(34). Amnesty, 109(40). Army, 108(32). Arrests, 106(6), 108(25) Assembly, freedom of, 106(6). Association, freedom of, 106(6). Ballot, 108(24). Bills, legislative, 109(38,45). Bribery, 107(19). Budget, 107(19). Cabinet : members assist Provisional President, 109(44) ; impeachment of, 109(47) ; see also Provisional Presi- dent. Chinghai, 106(3), 107(18). Chung Hua Min Kuo, 105. Citizens and citizenship : rights of citi- zens, 106(5) ; duties, 106(13). Civil cases, 110(49). Civil officials, 108(34). Civil rights, 107(15). Class distinction, 106(5). Commander-in-chief, 108(32) . Constitution, may be amended, 110(55). Contracts, 107(19). Council of State, 105. Criminal cases, 110(49). Currency, 107(19). Decorations, 109(39). Department of Justice, 110(48). Domicile, 106(6). Elections, 107(18). Enlistment, 106(14). Equality, 106(5). Executive power, 108(30). Exigency, extraordinary, 107(15). Foreign affairs, 109(37). High treason, 107(19). Impeachment, 107(19), 109(41, 47). Infringement of laws, 107(19). Inner Mongolia, 106(3), 107(18). Insignia of honor, 109(39). Interpellations, 107(19). Judgments, 106(8). Judiciary: judges appointed, 110(48); shall try civil and criminal cases, 110(49) ; trials shall be public, 110 (50) ; judges shall not be removed, 110(52). Kuo-ming-tang, 105. Law bills, 107(19). Laws, promulgation of, 108(30). 634 INDEX. Coinage China — Continued. Legal suggestions, 107(19). Legislative power, see Advisory Council. Letters, secrecy of, 106(6). Loans, 10i5'(19). Meetings, 107(20). Migration, 106(6). Military affairs, 100(14), 109(34). Military ofHcials, 109(34). Ministers, 109(34). Nanking, 105. National Assembly : shall convene after promulgation of provisional constitu- tion, 110(53) ; constitution shall be adopted : provisional constitution may be amended, 110(55). Navy, 108(32). North China, 105. Official duties, 107(19). Official regulations, 108(33). Outer Mongolia, 106(3), 107(18). Pardon, 109(40). Petitions, 107(19). President, 105 ; see Provisional President. Property, 106(6). Provinces, 107(17). Provisional Constitution, 110(55). Provisional President : election by Ad- visory Council, 108(29) ; represents provisional government, 108(30) ; shall be commander-in-chief, 108(32) ; ap- points civil and military officials, 109(34) ; impeachment of, 109(40) ; Vice-President takes his place, 109 (42) ; members of Cabinet, 109(43) ; see also Cabinet. Provisonal Vice-President, 108(29). Public meetings, 108(21). Public order, 107(15). Public welfare, 107(15). Race distinction, 106(5). Religion, 106(5). Rights, civil, 107(15). Secret meetings, 108(21). Secretaries of State, 109(43). Siege, 109(36). Soldiers, 106(14). South China, 105. Sovereignty, 106(1). Speech, freedom of, 106(6). Sun Yat-sen, 105. Supreme Court, 109(41). Taxation, 106(13), 107(19). Tibet, 106(3), 107(18). Trade, 106(6). Trea-sury, 107(19). Treaties, 109(35). Trial, 106(8). Tsan Cheng Yuan, 105. Veto, 108(23). Vice-President, see Provisional Presi- dent ; Provisional Vice-President. Vote, 106(12). War, declaration of, 100(35). "Weights and measures, 107(19). China— Continued. / Yangtse River, 105. Yuan Shih-kai, 105. China Year Book (cited) : 1916, 105 nl; 1917 and 1918, 105 n2. China's New Constitution and International Problems, see Tyau, Min-ch'ien, T. Z. Chinghai (China), 106(3) 107(18). Chiriqui (Panama), 458(14). Christians, 540 nl. Christians, non-, 540 nl. Christophe, 295. Chung Hua Min Kuo, 105. Church and State: Cuba, 155(26) ; France, 203 nl, 205 iiS, 207 nl ; Italy, 349-350 ; Russia, 540 nl. Church of England, 240(1). 259(3). Cinque Ports (England), 241(9), 253(10), 256(1). Citizens and citizenship: Austria, 11(1), 17(11) ; Belgium, 21-22, 44-46 ; Brazil, 77-78, 82(86); Bulgaria, 93-94; China, 106(5,13): Costa Rica, 118- 121. 123; Cuba, 152(4), 153(6), 154- 157; Germany, 219(3), 224(4); Greece, 262-265; Guatemala, 280(4- 11) ; Haiti, 396(3) ; Honduras, 316- 321 ; Italy, 340-341 ; .Japan, 353-354 ; Liberia, 373(13) ; Liechtenstein, 376- 377 ; Luxemburg, 39.3-395 ; Montene- gro, 426-427; Nicaragua, 432(6)- 433(13), 434(18)-438(64) ; Panama, 458-463; Persia, 490(8), 491(13), 492(24); Portugal, 501(76), 503(4), 513(68-74) ; R o u m a n i a , 518-519, 522(30), 534(118) ; Russia, 541(27)- 542(41); Turkey, 591-593; San Ma- rino, 549(l)-550(3) ; Serbia, 555(6)- 558(31) ; United States, 608(2), 609(3), 613(1), 616(2), 621(1). Civil death, 393(18) ; see also Mort civile. Civil law, see Judiciary. Civil list: Belgium, 53(77), nl; Bulgaria, 91(35) ; Egypt, 180(20) ; Greece, 267 (42), nl; Italy, 339(19) ; Luxemburg, 396(43) ; Montenegro, 411(35) ; Ron- mania, 531(94) ; Serbia 562(66). Civil marriage: Belgium, 45(16); Brazil, 79(4) ; Luxemburg, 394(21) ; see also Marriage. Civil rights: Belgium, 45(13); Brazil, 80(28) ; Bulgaria, 93(60) ; Cuba, 154(3) ; Egypt, 178(9) ; Haiti, 296(3- 7) ; Nicaragua, 433(13). Clacasii, 535(133). Cleveland's Award, 22 March 1888, 113(5). Coaling Stations: Cuba, 174(7), nl. Code (Panama), 458(4). Coinage: Belgium, 52(74) ; Brazil, 68(7) ; China, 107(19) ; Cuba, 161(59) ; Ger- many, 220(4) ; Greece, 267(41) ; Guatemala, 286(8); Honduras, 325(31), 329(29); Luxemburg, 396(39) ; Montenegro, 408(10) ; Nica- ragua, 442(17) ; Panama, 466(23) ; 635 Coinage INDEX. States, ; Haiti, Luxem- Coinage — Continued. Persia, 495(55) ; Portugal, 506(9) ; Russia, 539(16) ; Serbia, 560(49) ; Turkey, 590(7); United States, 609(3), 611(8), 613(10). Coleccidn Legislativa de la Isla de Cuba (cited), 155 nl. Colombia, 457 nZ. Colon (Panama), 458(4). Colonies and possessions: Belgium, 44(1) ; Germany, 220(4) ; Honduras, 320(60) ; Nicaragua, 447(24); Portugal, 513(67) ; Roumania, 518(3). Colorado (U. S. A.), 621 n2. Commerce : Austria, 16-17 ; Austria-Hun- gary, 4(2) ; Belgium, 47(31) ; Brazil, 63(7), 68(5), 69(35) ; Bulgaria, 104 (161) ; China, 106(6) ; Costa Rica, 130 (12) ; Cuba, 156(34), 161(59), 162(8), 174(5) ; Germany, 220(4), 222(8), 226-228; Haiti, 296(5), 308(95); Honduras, 325(24, 30) ; Hungary, 29(14); Japan, 356 nl; Luxemburg, 402(99) ; Montenegro, 424-425; Nica- ragua, 442(7, 16); 444(79) ; Panama, 460(22), 468(3), 476(135) ; Portugal, 506(8) ; Roumauia, 533(108) ; Serbia, 570(118), 579(170) ; United 611(8), 612(9). Communes : Bulgaria, 88(3) 309(103), 310(106), 313(B) ; burg, 403(107), 404(108) ; Roumania, 532 (106-107) ; Serbia, 578(160)- 579(169). Complaint, right of, see Petition, right of. Compromis (between Austria and Hun- gary) of 1867, 11. Concessions: Egypt, 183(37); Honduras, 320(60) ; Panama, 485(24). Confiscation : Bulgaria, 95(75) ; Cuba, 156(33) ; Greece, 265 (18) ; Honduras, 320(49), 321(69) ; Liechtenstein, 377(16) ; Nicaragua, 437(46) ; Pan- ama, 462(44) ; Serbia, 556(17) ; Tur- key, 589, 593 (24). Congo Free State, 43, 51 ni. Concjresso degli Studi (San Marino), 549. Congresso del Legali (San Marino), 549. Congresso Economico dl Stato (San Ma- rino), 549. Congresso Militare (San Marino), 549. Connecticut (U. S. A.), 621 m2. Conscription: Greece, 270(60); Italy, 346(75). Constables : Great Britain, 242(17). Constant, Benjamin, Botelho de Megalhaes, 85(8). Constantinople, 262(2), 590(2). Constitutions modernes, Les, see Dareste, F. R., et P. Dareste, Les .Constitutions modernes. Consular affairs: Cuba, 159(4) ; Germany, 232(56) ; Honduras, 328(15) ; Liberia, 366(1), 368(5) ; Nicaragua, 446(11). Contracts: Cuba, 154(13); Guatemala, 284(50), 286(6) ; Honduras, 323(86) ; 326(99), 329(113) ; Nicaragua, 443 (25), 447(24) ; Panama, 461(30), 465 (65), 468(10). Conventions: Persia, 485(24); see also Treaties. Copts, 177(3). Copyright: Brazil, 80(26) ; United States, 611(8). Coroners: Great Britain, 242(17). Corporations: Greece, 264(16); Panama, 460(18). Correspondence, see Letters, secrecy of. Correze, Department of (France), 210(2). Corse, Department of (France), 210(2). Costa Rlea: 111-150, 431(1). Accusation, 113(6). Agriculture, 130(12). Alajuela, 143(116). Aldermen, 141(110), 144(117), 149(4). Alienation of territory, 130(6). Amnesties, 138(12). Anderson-Porras Treaty of 17 March 1910, 113(5). Armed forces, 129(77). Arrest, 116(30). Arts and trades, 130(12). Assembly, legislative, 149(4). Assembly, right of, 117(36). Authority, 113(6). Banking, 130(8). Bills, 132(80). Boundaries, 112(3). Budget, 129(77), 140(105), 149(1). Canals, 112(3). Caiias-Jerez, Treaty of, 15 April 1858, 113(5). Cartago, 143(116). Catholic Apostolic Church, Roman, 113(8). Central American Federation, 111. Citizens: 118-121; foreigners, 119(2), 120(49) ; loss of nationality, 119(41) ; duties, 120(45) ; eligibility to, 120(46) ; suffrage, 121-123. Citizenship, 118(39), 119(41). Civil cases, 115(20), 116(22). Cleveland's Award, 22 March 1888, 113(5). Commander-in-chief, 137(99). Commerce, 130(12). Congress : sessions to be public, 127(69) ; power of, 128(76) ; and the transi- tional period, 149(4). Constituent Assembly, 112(1), 148(125), 149(3). Constitution : 146—148 ; provision of amendment, 146, 142-148(25) ; tran- sitory provisions, 149-150. Constitution of 1871, 148(126). Constitutional oath, 124(59). Council of the Cabinet, 146(122). Council of Ministers, 118(38), 134(89). Counterfeiters, 120(42). INDEX. Costa Kica Costa Rica, — Continued. Courts, sec Judioiary. Debts, 115(17). Defense, 114(15). Department of National Statistics, 124(59). Deputies: 122(55), 150(7) ; requirements, 124(60) ; who can not be elected, 124(61-62). Detention, 118(38). Diario Oficial, 126(65). Diplomatic affairs, 128(75). Dismissal from office, 131(78). Domicile, 117(33). Education, 113(6-9). Election, 121(50). Emigration, 117(32). Equality before law, 114(13). Executive power, 112(4). Expropriation, 114(15). Expulsion, 117(32). Extraterritoriality, 119(41). Foreign troops, 129(76). Foreigners, 115(16), 119(40), 120(49). Governor, 146(123). Guanacaste, 143(116). Habeas corpus, 117(31). Health and hygiene, 130(12). Heredia, 143(116). Human life, 116(29). Hygiene, 130(12). Illegitimate children, 119(41). Immigration, 117(32), 130(12). Imprisonment, 115(17). Improvement and recreation, 145(120). Incendiarism, 120(42). Industry and commerce, 130(12). Intendant, 122(55), 144(117), 146(121), 149(4). Internal disturbances, 114(15). Interoceanic canals, 112(3). Judiciary : 141-143 ; judicial power, 112(4) ; courts of justice, 113(7), 115(21), 141(109) ; of appeal, 141 (108) ; criminal procedure, 116(28) ; judges, 150(10) ; justices of the Su- preme Court, 124(6) ; vacancies, 143 (115) ; see also Supreme Court of Jus- tice. Jurisdiccl6n contencioso - administrativa, 141(109). Legislative power : vested in Congress, 112(4), 123(59) ; convening of cham- bers, 126(67) ; see also Deputies ; Sena- tors. Lighting system, 145(120). Lim6n, 143(116). Loans, 130(7), 131(78). Loubet's Award, 11 September 1900, 113 (5). Markets, 145(120). Marriage, 138(14). Mayors, 150(10). Memorial honors, 130(10). Migration, 117(32). Costa Rica — Continued. Military affairs : military forces, 114(12), 122(54); military jurisdiction, 116(25) ; competence of legislative body in, 129(7) ; military degrees, 130(9), 137(99) ; military operations, 136(92). Ministers: eligibility, 140(105); duties 140(104-107) ; of State, 124(61) ; of Finance, 140(106). ifinistro de Oobernacion, 135(91). Minors, 138(13). Municipalities. 122(55), 143-146. Murderers, 120(42). Nationality: 118(39); loss of, 120(43). National territory, 112(3). Naturalization, 119(40). Nicaragua, 113(5). Normal schools, 113(9). Oath of office, 114(11). Panama, 113(5). Pardon, 138(11). Peace, 128(76), 137(99). Penalties, 116(24). Petition, right of, 117(37). Physical constraint, 116(27). Pirates, 120(42). Plagiarists, 120(42). Political combinations, illegal, 112(3). Political opinions, 115(19). Political propaganda, 115(19). Political trials, 112(4). Popular elections, 121(52). Porras (Anderson-Porras Treaty of 17 March 1910), 113(5). Postal and telegraphic correspondence, 117(34). President : exercises executive power, 122(55), 134(89) ; requirements, 136 (93) ; term of office, 136(95), 139 (101) ; salary, 137(97) ; duties, 137 (99) ; message, 138(100) ; responsible for offenses committed, 139(192). Press, 117(34). Primary education, 113(9). Private actions, 115(17). Professions : 115(16) ; professional schools, 113(9). Professors, 141(110). Property right, 114(15). Provinces, 129(77), 143(116). Public authority, 112(3). Public comfort, 145(120). Public health, 117(32). Public officials, 113(6). Public order, 114(15). Public revenues, 138(8). Public service, 112(3). Puntarenas, 143(116). Railways, 112(3). Rebellion, 116(25). Revenues, 130(7), 145(120). Roads, 145(120). Robbers, 120(42). 637 Costa Eica INDEX. Costa Rica — Continued. Roman Catholic Apostolic Church, 113(8). San Jos4, 143(116). Science, 130(12). Secondary education, 113(9). Secret negotiations, 128(75). Secretary of State, 122(55). Sedition, 116(25), 118(37). Senate : attributions, 131—134. Senators, 122(55), 124(60-62), 150(6) ; vacancies, 150(7). Sewers, 145(120). Slavery, 114(13), 120(42). Solicitor, 141(110). Sovereign, 113(6). Sovereignty, 112(2). Squares, 145(120). Streets, 145(120). Subalternate officials, 145(120). Succession, 149(2). Suffrage, 121-123. Suplantacidn, 140(103). Supreme Board of Health, 145(120). Supreme Court of Justice, 122(55), 131(79), 141(108). Syndics, 122(55), 144(117), 149(4). Taxes, 145(120). Territory, 113(5), 143(116) ; alienation of, 130(6). Trades, 112(3). Tramwaj^s, 112(3). Treason, 112(3), 120(48). Treasury, 130(11). Treaties, 112(3), 128(76). Tribunals, 141(109). Universities, 113(9). Venal employment, 113(6). Veto, 146(121). Vice-intendants, 122(55). Vice-President, 122(55), 149(2). Violence, 115(20). Voting, 121(50). War: 114(15), 137(99); declaration of, 128(76). Wardens, 117(30). Warrant, 117(30). Water system, 145(120). Watermains, 145(120). Weights and measures, 130(8). White's Award of 12 September 1914, 113(5). Working classes, 114(10). Cote-d'Or, Department of (France), 210 (2). CCtes-du-Nord, Department of (France), 210(2). Courts, see Judiciary. Courts martial, see Military affairs. Cracow (Austria-Hungary), 6(8), 14(1), 15(6). CraKova (Roumania), 525(62). Creuse, Department of (France), 210(2). Crimean War, 517. Criminal law, see Judiciary. Croatia (Austria-Hungary), 26 ni, 29 nS. Cuba: 151-174. Africans, 153(6). Amnesty, 162(10). Army, 162(11), 165(17). Arrests, 154(16, 20). Arts, 156(31). Assembly, right of, 155(28). Authors, 156(35). Bahia Honda (Cuba) : Coaling Station, 174 nl. Banishment, 156(30), 157(4). Canals, 161(59). Chamber of Representatives : composi- tion, 159(48) ; requirements, 159 (49) ; election, 159(48); see also Senate; Congress. Church and State, 155(26).. Citizens: 152(4)-153(6) ; loss of nation- ality, 153(7) ; duties, 153(9) ; rights, 154-156; suffrage, 156-157. Civil rights, 154(3). Coaling stations, 174(7), nl. Coinage, 161(59). Commerce, 161(59), 174(5). Congress : Provisions common to both houses, 159(51) ; Salaries, 159 (52) ; Sessions, 160(54) ; rules and regula- tions, 160(56); powers, 160-162; see also Chamber of Representatives ; Senate. Confiscation, 156(33). Constitution : suspension of guarantees, 157(40-42) ; amendments, 172(115) ; transitory provisions, 172, 173. Appen- dix of 12 June 1901, 173-174. Constitutional Convention, 172(115). Consular agents, 159(4). Contracts, 154(13). Correspondence, 155(22). Councilors, 168(92). Death penalty, 154(14). Debts, 172(1), 173(2). Decrees, 154(4). Diplomatic affairs, 164(7). Diplomatic representatives, 159(4), 165(16). Domicile, 155(23-24). Education, 156(31). Elections, 161(59). Electoral college, 158(45). Epidemic diseases, 174(5). Equality before law, 145(11). Executive power vested in President, 163(64). Finance : budget, 161(59), 168(93), 170(105) ; public expenses, 154(6) ; revenues, 161(59). Foreign commerce, 161(59). Foreigners, 152(5), 153(6), 153(10), 172(3). Form of government, 152(1—3). Governors: 168(92); powers, 169(99), responsibilities, 169(100); salary, 170(101) ; vacancies, 170(102) ; sus- 638 INDEX. Bareste Cuba — Continued. Governors — Continued. pension, 164(13) ; see also Trovincial government. Guantftnamo, coaling station, 174 nl. Harbors, 161(59). Immigration, 156(29). Impeachment, 158(47), 168(93). Impost, 150(34), 162(8). Imprisonment, 154(18). Infectious diseases, 174(5). Invasion, 165(17). Inventors, 156(35). Isle of Pines, 174(6). Jimaguaya Constitution, 172(1). Judiciary: courts, 154(6); crimes and criminal procedure, 154(14—15, 19) ; penalties, 154(14, 15, 19) ; testimony, 155(21) ; associate justices, 164(9) ; chief justice, 158(47), 164(9) ; supreme court, 166-167 ; administration of jus- tice, 167(81-90). Laws : initiative vested in Congress, 162(61) ; preparation and promulgation of laws, 162(62), 163(63) ; see also Legislation. Legislation: 154(4), 154(12), 158(44); see also Senate ; Chamber of Repre- sentatives ; Congress ; Laws. Letters, secrecy of, 155(22). Loans, 161(59), 168(93), 170(105). Mayors: powers. 170(104), 171(110), re- sponsibility, 171(111) ; vacancies, 171(113)." Migration, 155(29). Military affairs: 162(11), 165(17), 167(90), 173(1), 174(4). Municipal government : general provision, 170(103-104) ; municipal councils, 170(105)-171(109) ; elections, 161(59) ; see also Mayors. National territory, 165(17). Nationality, 152(4), 172(2). Naturalization, 162(9). Naval affairs, 162(11), 165(17), 174(7). Oath of office, 163(67). Pardon, 165(15). Passports, 155(29). Petition, 155(27). Philippines, 151. Political crimes, 154(14). Population, 172(4). Porto Rico, 151. President : 157(42), qualifications, 163(65) ; election, 160(58), 163(66) ; powers and duties, 163(68)-165(20) ; salary, 165(71) ; see also Vice-Presi- dent. Property, 156(32), 171(114). Provinces, 152(3), 168(91). Provincial councils, 168-169. Provincial government : general pro- visions, 168(91-92) ; provincial coun- cils, 168(93-95), 169(96-98) ; see also Governors. Cuba — Continued. Public officers, 164(10). Public order, 157(41). Public peace, 155(25). Public safety, 165(17). Railroads, 161(59). Rebellion, 165(17). Regulations, 154(4). Religious liberty. 155(26). Residence, 155(24). Eoad.s, 161(59). Safe conduct, 155(29). Safety of State, 157(41). Sanitation, 174(5). Secretary of State, functions, 165-166. Senate: composition, 158(45); election, 158(45-46) ; requirements, 158(46) ; powers, 158(47) ; see also Chamber of Representatives ; Congress. Slaves, 152(6). Social order, 155(25). Sovereignty, 152(1), 156(36), 157(43). Spain, 151. Spaniards, 153(6). Spanish-American War, 151. Speech, freedom of, 155(25). Suffrage, 156(38). Taxes, 156(34), 162(8). Territory, 152(3), 157(41), 163(17). Trades, 156(31). Travel, 155(29). Treaties, 159(6), 162(12), 164(7), 168(93), 173(1). Treaty of Paris, 10 Dec. 1898, 151, 152(2), 173(3). Treaty of 28 June 1833, 153(6). United States military forces, 151. Vice-President: 160(58); election, 165(72) ; duties, 165(73-74) ; salary, 165(75) ; see also President. War, 162(12). Wars of independence, 163(65). Weights and Measures, 161(59). Cilia (Pan-American Union Bulletin), see Quesada, Gonzalo de. Cumania (Austria-Hungary), 35(4). Currier, C. F. A., Supplement to the Annals of the American Academy of Political and Social Sciences, March, 1893 (cited), 193 nl. Customs, see Commerce. Cyprus, 337. Dakalieh (Egypt), 177(3). Dalmatia (Austria-Hungary), 6(8), 14(1), 15(6), 26 nJi, 29 nS. Damietta (Egypt), 177(3). Danilo, Prince of Montenegro, 429(3). Danube, principalities of (Roumania), 517. Dareste, F. R., et P. Dareste, Les Cotistitu- tions modernes, iii, iv ; (cited), 3 n2, 4 nl, nZ, 9 nS, 11 nl, »i,i, 25 nl, 26 nlS, 28 n2, 30 n^, nS, 34 nl, 43 nt, n8, 44 nl, 46 nl, 61 n2, nS, 88 n2, 111 n7, 151 »i6, 175 n2, nk, 192 nJ,, 193 nl, 218 639 Dareste INDEX. Dareste, F. R. — Continued. nS, n6, 240 nl, n2, 261 n6, nff, 279 nS, 295 nS, 315 n4, 337 n2, nS, 347 nl, 351 nl, n2, 359 nl, 375 n2, 391 we, 392 nl, 407 ti-2, 431 ni, 457 J)5, 482 ni, 499 nl, n2, 517 W-Z, 11&, 532 w2, 536 m2, 537 n3, M, 544 wgj 549 nl, 554 w2j m3, 590 nl, n2, 608 wi. Dareste, P., see Dareste, F. R., et P. Dareste, Les Constitutions modernes. Death penalty: Brazil, 80(21) ; Cuba, 154 (14) ; Greece, 265(18) ; Great Britain, 247(7) ; Haiti, 297(15) ; Honduras, 818(27) ; Luxemburg, 393(18) ; Nica- ragua, 434(24), 448(39) ; Panama, 477(1) ; Portugal, 501(22) ; Rou- mania, 520(18) ; Serbia, 556(13). Debts: Costa Rica, 115(17) ; Cuba, 172(1), 173(2) ; Honduras, 317(21), 323(86), 330(113); Nicaragua, 437(47), 449(115) ; United States, 613(10). Decorations : Greece, 267 (40) ; Italy, 346(80) ; Japan, 353(15) ; Nicaragua, 441(85-86) ; Persia, 494(47) ; Portu- gal, 500(3) ; Russia, 539(19). Defense: United States, 611(8). Degrees, academic and literary : Honduras, 325(91) ; Nicaragua, 443(86). Delaware (U. S. A.), 608(2), 621 n2. Delpech, J., see Moreau, F., et J. Delpech, Les Rdylements des Assemtlies I6gis- latives. Desemhargadores, 85(6). Designcudos: Guatemala, 285(4), 288(69), 293(6) ; Nicaragua, 455(106) ; Pan- ama, 466(67), 470(80). Dessalines (General), 295. Deux-SSvres, Department of (France), 210 (2). Diario de Sesiones de la Convention Con- stituyente de la Isla de Cuha (cited), 155 nl, 161 nl. Diario Official (Brazil) (cited), 61 n3. Diario Oflcial (Costa Rica), 126(65). Diplomatic affairs: Brazil, 65(23), 73(48) ; Costa Rica, 128(75) ; Cuba, 159(4), 164(7), 165(16); Greece, 277(102); Honduras, 317(15), 328(14) ; Nicara- gua, 433(15), 446(11) ; Panama, 468 (3) ; see also Ambassadors. District of Columbia (U. S. A.), 611(8). Districto Federal (Brazil), 66 n3. Dodd, W. F., Modern Constitutions, iii, iv ; (cited), 3 n2, 4 nl, 9 nS, 11 nl, n2, 26 nZ, 28 n2, 44 nl, 61 n2, n3, 192 nl,, 193 nl, 218 n5, n6, 337 nS, 347 nl, 351 nl, n2, 354 n2, 537 «^, nJ,, 607 n2. Dolj (Roumania), 525(62). Domagnano (Parish, San Marino), 550(9). Domicile, right and inviolability of : Aus- tria, 12(6, 9), 17(11) ; Belgium, 45 (10) ; Brazil, 79(11) ; Bulgaria, 95 (74) ; China, 106(6) ; Costa Rica, 17 (33) ; Cuba, 155(23-24) ; Germany, 220(4) ; Greece, 264(12) ; Guatemala, Domicile — Continued. 283(38) ; Haiti, 297(11) ; Honduras, 319(44) ; Italy, 340(27) ; Japan, 353 (22, 25) ; Liberia, 361(9) ; Liechten- stein, 376(12) ; Luxemburg, 393(15) ; Montenegro, 426(204) ; Nicaragua, 433(10), 436(38) ; Panama, 460(23) ; Portugal, 501(15) ; Russia, 541(33) ; SerWa, 556(15) ; Turkey, 592(22). Dominican Republic, 295. Dordogne, Department of (France), 210(2). Doubs, Department of (France), 210(2). Drains: Egypt, 179(18), 184(38). Drave (River), 26 nk. Drome, Department of (France), 210(2). Dual Monarchy (Austria-Hungary) : forma- tion, 3 ; organization and Constitution, 4-10 ; see Austria-Hungary, Duties, see Commerce. Durazzo (Albania), 1. East Flanders (Belgium), 44(1). Eastern Orthodox Church : Bulgaria, 91 (37), 95(80) ; Greece, 262(1) ; Monte- negro, 411(40), 421(129-137) ; Rou- mania, 520(21) ; Russia, 540 nl; Ser- bia, 554(3). Eastern Rumelia (Hungary), 87. Education: Austria, 17(11); Belgium, 45 (17) ; Brazil, 69(30, 35), 79(6) ; Bul- garia, 95(78, 80) ; Costa Rica, 113 (6-9) ; Cuba, 156(31) ; Egypt, 182 (35), 183(36-37, 41-42) ; Greece, 264 (16) ; Guatemala, 282(27) ; Haiti, 297 (18) ; Honduras, 320(57), 329(24) ; Italy, 342(19) ; Japan, 356 nl; Liech- tenstein, 381(51-54) ; Luxemburg, 394 (23) ; Montenegro, 421 (138)-422 (140) ; Nicaragua, 432(6), 443(87), 447(18) ; Panama, 461(34), 465(13), 468(14), 476(133) ; Persia, 491(19) ; Portugal, 500(10) ; Roumania, 521(23), 525(61) ; Serbia, 557(21), 583(192) ; Turkey, 592(15), 604(114), 605(119). Edward I, Charter of, 1297 (England), 240 n2. Ksypt: 175-190. Agriculture, 183(36), 186(42). Alexandria, 177(3). Arab Bedouins, 177(3). Assiut, 177(3). Assuan, 177(3). Bandars, 183(37), 184(2). Bedouins, 177(3). Behera, 177(3). Beni-Souef, 177(3). Birket, 186(41). Boundaries, 183(37). Budget, 180(22, 23), 182(35). Business men, 177(3). Cairo. 177(3). Canals, 179(18), 184(38). Cemeteries, public, 183(37). Civil list, 180(20). 640 INDEX. Engineers EK-yi»t — Continued. Civil riglits, 178(9). Committee of the Provincial Council, 185(40). Communication, 183 (3G). Concessions, 183(37). . Associations, 320(58). Asylum (amparo), 335(162), Authors, 321(68), 324(16). Budget, 325(20), 332(135-138). Capital punishment, 318(27). Central American Federation, 315(1). Charters, 321(65). Citizens: natives, 316(6-9); foreigners, 316-317; citizenship, 317(20-25); rights and guarantees, 318-320 ; lib- erty of, 320-321; equality, 321(65- 66) ; property rights, 321(67-71). Civil status, 320(55). Colonization, 320(60). Commerce, 319(47), 325(24, 30). Concessions, 320(60). Confiscation, 320(49), 321(69). Congress of Deputies, 321, 322(78). Constitution : of 11 Dec. 1825, 11 Jan. 1839, 4 Feb. 1848, 29 Sept. 1865, 23 651 Honduras INDEX. Hondnras — Continued. Constitution — Continued. Dec. 1873, 14 Oct. 1894. 9 Sept. 1904, 315(1) ; of 1 Nov. 1880, 315(1), 335 (167) ; constitutional laws, 335(162) : reforms and amendments, 335(163- 167). Consular agents, 328(15). Contractors, 323(86), 329(113). Contracts, 326(99). Correspondence, secrecy of, 322(75). Council of Ministers, 327(107). Court of Accounts, 329(27). Courts of Appeals, 330(120). Credit institutions, 320(60). Crimes, 317(16). Currency, 325(31), 329(29). Custom-houses, 325(30). Debtors, 317(21), 323(86), 330(113). Defense. 324(8). Departments: government, 833(148- 149) ; judges, 321(123). Deputies, 325(93). Designates, 327(102). Diplomatic affairs : intervention, 317 (15) ; negotiations, 328(14) ; agents, 328(15). Direct taxation, 321(66). Directory of Congress, 322(82). Donation, 321(61). Dwelling, 319(44). Earthquake, 319(44). Education, 320(57), 329(24). Emigration, 320(60). Entails, 321(62). Epidemics, 319(44), 322(75). Equality, 318(26). Executive power : 316-327 ; duties of President, 327-329 ; see also President. Expropriation, 321(67). Extradition, 317(16), 331(127). Finance : national debt, 325(27) ; budget, 325(25), 332(135-138) ; Public Treas- ury, 332(139)-333(143) ; Court of Ac- counts, 329(27), 332(141) ; loans, 325 (29), 328(17) ; revenues, 325 (25), 328(16), 329(28). Fire, 319(44). Fiscal General of Treasury, 329(27), 333(143). Flood, 319(44). Foreign relations: 328(15) ; Department of, 330(114). Foreigners in Honduras, 316(10)-317 (19). Form of government, 322(76). Fraud, 319(39). General in Chief, 329(110). Government, form of, 315-316, 322(76- 77). Gunpowder, 320(59). Habeas corpus, 318(28). Higher Auditorship, 332(141). Hondurans, 316(6-9). Human life, inviolability of, 318(26). Honduras — Continued. Impeachment, 324(14). Individual security, 318(26). Industries, 320(59-60), 324(16). Invasion, 328(17). Inventors, 321(68), 324(16). Inviolability: of human life, 318(26) ; of communications, etc., 319(47). Judiciary, 322(76), 330-332. Legislative power : 322-326 ; attributions of Congress, 323-325 ; formation and promulgation of laws, 325—326 ; see also Congress. Letters, secrecy of, 319(47). Letters of marque, 328(20). Liberty, personal, 318(26). Literary degrees, 325(91). Loans, 325(29), 328(17). Military affairs: 325(33), 328(18-19), 328(18), 332(131), 333(144-147) ; rank, 325(36) ; soldiers, 323(16). Monastic orders, 320(58). Monopolies, 320(59). Municipal government, 333-334. National debt,- 325(27). National sovereignty, 315(3), 322(77). Naturalization, 325(37), 329(22). Pardons, 324(7). Peace, 325(32), 328(12). Penalties, 320(49). Pensions, 324(6). Personal service, 321(71). Petition, right of, 321(63). Police force, 320(51), 329(30). Political constitution, 315(1). Political crimes, 317(16). Ports, 325(30). President, 324(9), 325(93), 326(101). Press: liberty of, 320(56); laws, 335 (162). Printed matter, 320(56). Private correspondence, 319(47). Private papers, 319(47). Privileges, 320(60), 321(65). Prizes, 331(127). Property: 321(61, 67); rights, 318(26). Proportionality, 321(66). Proscription, 320(49). Public employees. 334-335. Public offices, 324(6). Public power, 316(4). Public Treasury, 332(139)-333(143). Public utility, 321(67), 324(18). Rebellion, 328(17). Religion: freedom of, 320(54) ; ministers shall not hold public office, 321(65) ; monastic orders, 320(58) ; religious es- tablishments, 321(62). Reprisals, 328(20). Republic of Central America, 315(1). Republican form o.f government, 321(72). Revenues, 325(25), 328(16), 329(28). Rewards, 324(16). Saltpeter, 320(59). Sanitation, 322(75). 652 INDEX. Hungary Honduras — Continued. Secretaries of State, 329-330. Security of the individual, 318(26), 324(8). Sentences, commutation of, 324(7), 328 (10). Service, personal, 321(70). Siege, state of, 321(74), 325(35), 329 (21), 335(162). Slavery, 320(53). Soldiers, 323(86). Spanish-Americans, 316(9). Spirituous liquors, 320(59). Sul)ventions, 324(18). Suffrage, 317(24). Superior Court of Accounts, 332(141). Supreme Court of Justice, 324(9), 326 (100), 330(116). ' Taxation, 321(66) ; 325(26). Telegrams, inviolability of, 319(47). Territory, integrity of, 322(77), 325(28). Thought, freedom of, 320(56). Title, property, 321(61). Tobacco, 320(59). Torture, 319(43). Treasury, Public, 332(139)-333(143). Treaties, 325(22), 326(99), 328(14). Vagrancy, 317(21). Vice-President, 324(9), 327(102). War: 321(67)(74), 325(.32), 328(12); Department of. 330(114). Weights and measures, 329(29). Whipping, 319(43). Wills, 321(61). Honors : Nicaragua, 441(85) ; see also Deco- rations. Hospodar (Prince), see Prince Hospodar. Hospitals: Egypt, 183(37). Hungary: 3, 11, 25-41. Abbots, appointed by King, 28(7). Agriculture, Department of, 29(14). Andreas II, 25. Archbishop, appointed by King, 28(7). Bfics-Bodrogh, 35(4). Belgrade, 39(4). Bishops, appointed by King, 28(7). Bulla Aurea, 25. Commerce, Department of, 29(14). Contribution, 27. Councilors of Royal Hungarian Chancel- lery, 29(22). Councilors of State, 29(20). Courts, established to preserve independ- ence, 30(27). Croatia, 26 ni, 29 nS. Cuniania, 35(4). Dalmatia, 26 nJ,, 29 nS. Diet : annual sessions, 31-33 ; assembly and dissolution by King, 31(5) ; bud- get, 31(6) ; election, 31(4) ; King ap- points president, 32(7) ; ministers have seats in both houses, 30(28) ; minis- ters have vote only In certain cases, 30(31) ; order of business adopted by each house, 33(13) ; presidents of both Hungary — Continued. Diet — Continued. houses receive salary from treasury, 32 (9) ; representatives elected for five years, 31(3) ; sergeants at arms, 32 (14) ; sessions public, 32(10). Drave (River), 26 «}. Dual Monarchy, Hungary a part of, 3. Electors: eligibility, 37(13); shall b9 registered in special lists, 37(4). Executive povs'er, 27. Ferdinand I, of Austria, 25. Finance, 29(14), 31(6). Fiume, Governor of, 39(4). House of Representatives : chooses its own president, 32(8) ; composition, 33(5). Impeachment of ministers, 31(33). Independence, 3, 26. Interior, Department of, 29(14). .lazygia, 35(4). Justice and Pardons, Department of, 29(14). King: appointive power, 28(7) ; appoints ministers upon nomination of presi- dent, 28(12) ; appoints president of Diet, 32(7) ; exercises executive clem- ency, 28(7) ; dissolution of Diet, 31(5) ; exercises executive power, 28(3) ; grants rank, title, and orders, 28(7) ; his person is sacred and inviolable. 28(1) ; ministers in attendance upon his majesty, 28(13) ; ministers re- sponsible to, 28(4) ; two councilors of State selected, 29(20). Knin, 39(4). Koevar, 35(4). Krasso, 35(4). Kraszna, 35(4). Laws : Bulla Aurea, 25 ; Law 10 of 1791, 26 ; Law 12 of 1791, 27 ; Law 19 of 1791, 27 ; Law 2 of 1848, modification of, 34-37 ; Law 3 of 1848, 28 ; Law 4 of 1848, 31 ; Law 5 of 1848, 33 ; Law 8 of 1848, 33 : Law 18 of 1848, 33 ; Law 20 of 1848, 34(2) ; Law 33 of 1874, 34-37 ; Transylvanian Law 2 of 1848, 35(5) ; Diploma of 20 Oct. 1860, 25 ; Patent of 26 Feb. 1861, 25 ; Law 7 of 1885, 38-41. Legislative power, 27. Leopold II, Deereti, 1791, 26 ni. 27 nl, n2. Magna Charta, compared with Bulla Aurea, 25. Magnates, see Table of Magnates. Martinsberg, 39(4). Ministers : amenable to ordinary laws in criminal offenses, 31(36) ; appointed by King, 28(7) ; competence of, 29 (14) ; impeachment, 31(33) ; juris- diction in impeachment, 31(34) ; par- don may be granted to convicted min- isters, 31(35) ; President of Ministry to preside in absence of King, 29(17) ; responsibility of, 30(32) ; ministers re- 653 Hungary IIS'DEX. Hting'ary — Continued. Ministers — Continued. sponsible to King, 28(4) ; separate minister at head of each department, 29(15) ; to give proper explanations to Houses of the Diet, 30(29) ; to sub- mit oflScial papers, 30(30) ; vote in Diet, 30(31). Ministry: composition, 28(10); founda- tion of, 28(1) ; seat of, 28(5) ; to sub- mit annual statement to Lower House, 31(37). Mohacs, 25. National Defense, Department of, 29 (14). Palatin, office of, 28 nS. Pannonhalma, 39(4). Pozsony, Count of, 39(4). Pragmatic Sanction, 25. Press, freedom of, 33(1). Pressburg, 39(4). Priors, appointed by King, 28(7). Religion : equality of religious confes- sions, 34(2). Religion and Education, Department of, 29(14). Representatives, election of, 33(5). Revolution of 1848, 25. Royal Council of the Regency, 28(6). Royal Council of the Treasury, 28(6). Royal Hungarian Chancellery, 28(6). Royal Table, 32(8). Slavonia, 26 M, 29 nS. Standard bearers, 28(7), 39(4). Subsidies, 27. Szoer^ny, 35(4). Szolnok, 35(4). Table of Magnates : 38(1) ; life members, 40(5) ; loss of membership, 40(10) ; Magyar is the language of legislation, 40(9) ; members take part in delibera- tions, 40(8) ; members who have right to sit, 38(1) ; newly created offices do not carry right of seat in, 40(7). Taxation : all inhabitants are subject to, 33. Temes, 35(4). Tinnin (Knin), 39(4). Torontal, 35(4). Vilagos, surrender of Hungarians at, 13 Aug. 1849, 25. Voters : must be taxed in the preceding year, 36(8) ; right of, 34(1) ; who can vote, 34(3) ; who can not vote, 36 (10) ; who may vote without regard to income, 36(9) ; who shall not exer- cise right of, 37(1) ; see also Electors. Zarand, 35(4). Hushi (Roumania), 525(62). Idaho (U. S. A.), 621 n2. Ilfov (Roumania), 525(62). Ille-et-Vilaine, Department of (Prance), 210(2). Illinois (U. S. A.), 621 n2. Illiterates: Brazil, 78(70). Immigration, freedom of: Brazil, 69(35) J Costa Rica, 117(32), 130(12) ; Cuba, 156(29) ; Nicaragua, 433(12)-439> (17) ; United States, 613(10). Impeachment: China, 107(19), 109(41, 47) ; Cuba, 158(47), 168(93) ; France, 197(12) ; Greece, 272(80) ; Honduras, 324(14) ; Hungary, 31(33) ; Liberia, 365(6), 367(1) ; Roumania, 531(101)- 532(103) ; Serbia, 572(136) ; United States, 608(2), 609(3), 614(2), 615 (4), 615(12). Imperial Academy of Science (Russia), 544 nl. Imperial Council, 544 nl. Imperial Manifesto 17/30 Oct. 1905 (Rus- sia), 537. Imposts, see Commerce. Imprisonment: Brazil, 79(14); Bulgaria, 95(74) ; Costa Rica, 115(17) ; Cuba, 154(18); Guatemala, 282(30); Nica- ragua, 435(30) ; Portugal, 501(17). Incomes: United States, 622 (16). Indian tribes: United States, 611(8). Indiana (U. S. A.), 621 n2. Indictment: United States, 618(5). Indies, French, 210(2), 211(4). Indre, Department of (Fi-ance), 210(2). Indre-et-Loire, Department of (France), 210(2). Inner Mongolia, 106(3), 107(18). Industrial freedom, see Occupations, free- dom of. Industries: Nicaragua, 442(6); Panama, 461(29). Infectious diseases, see Health, public. Insurance: Germany, 220(4). Insuratsi, 535(133). Insurrection: Bulgaria, 94(73); United States, 611(8), 621(3). Integrity of nation: Nicaragua, 432(2). Intellectual property: Germany, 220(4); see also Copyright. International Commission of Control (Al- bania), 1. International law, 76(60), 180(20). Interoceanic Canal, 476(138). Intoxicating liquors : United States, 623 (11). Invasion: Cuba, 165(17); Honduras, 328 (17) ; United States, 612(9), 613(10), 617(4). Inventions and inventors: Brazil, 80(25); Cuba, 156(35) ; Germany, 220(4) ; Guatemala, 281(20); Honduras, 321 (68), 324(16) ; Nicaragua, 437(59), 441(85) ; Panama, 462(40), 468(11) ; United States, 611(8) ; see also Pat- ents. Involuntary servitude: United States, 620 (1). Iowa (U. S. A.), 621 nS. Ireland, 253(11). 654 I]!TDEX. Ivory Irrigation: Egypt, 183(36). Isfere, Department of (France), 210(2). Isle of Pines (Cuba), 174(6). Ismail Kemal Bey, 1. Ismailia (Egypt), 177(3). Istria (Austria-Hungary), 6(8), 14(1), 15(6). Italian language, 345(62). Italians, capture of Avlona by, 1. llaly: 3, 337-350. Albert, Charles, King, 337. Alliances, 338(5). Ambassadors, 341(33). Archbishops, 341(33). Assembly, right of, 341(32). Attorney General, 341(33). Bibles, 341(28). Bishops, 341(33), 349(15). Cardinals, 348(6). Castel Gandolfo, 348(5). Catechism, 341(28). Catholic religion, 338(1). Chamber of Deputies, 338(3) ; provisions common to both houses, 343—345 ; see also Senate. Church, relation of State with, 349-350. Citizens : rights and duties, 340-341. Civil list, 339(19). Civil rights, 340(24). Cocl£ade, 346(77). Communal institutions, 346(74). Conscription, 346(75). Councilors, 341(33). Courts, 345(70). Courts of Appeal, 341(33). Courts of Cassation, 341(33). Crown, 339(19). Cyprus, 337. Debt, public, 341(31), 347(4). Decorations, 346(80). Deputies, 341(33) ; see also Chamber of Deputies. Domicile, 340(27). Ecclesiastical institutions, 350(16). Education, 342(19). Envoys extraordinary, 341(33). Envoys to the Holy See, 348(11). Equality before law, 340(24). Exequatur, 350(16), nl. Flag, 346(77). French language, 345(62). Genoa, 337. High Court of Justice, 342(36). Holy See, 337, 347-349. Industrial liberty, 340(26). Intendants general, 342(17). Italian language, 345(62). Jerusalem, 337. Judiciary : 345-346 ; Attorney General, 341(33) ; High Court of Justice, 842 (36). King, 338(3). Knightly orders, 346(78). Language, 345(62). Italy — Continued. Law of Guarantees of 13 May 1871, 337, 347.. Liturgical boolss, 341(28). Lombardy, 337 nl. Major generals, 342(33). Mancini Law, 343 nS. Marches, 337 nl. Meetings, public, 341(32). Militia, 346(76). Ministers, 341(33), 345(65-67). Napoleon I, 337. Neapolitan Provinces, 337 nl. Nice, 345 nl. Nobility, titles of, 346(79). Orders, 346(78). Papal : States, 337 ; decrees, ecclesiastical oi-dinances, and orders, 339 n2. Pensions, 346(88). Piedmont, 337, 342 nl. Placet, 350(16), nl. Political rights, 340(24). Postal and telegraph oflSces in Vatican, 349(12). Prayer books, 341(28). Press, 340-341(28). Property, 341(29). Provincial institutions, 346(74). Public debt, 341(31), 347(4). Queen Mother, 339(14). Rear Admirals, 342(33). Regency, 339(13). Regent, 340(23). Religion : Church and State, 349-350. Rome, 337. Royal Academy of Sciences, 342(18). Royal family, 342(34). Royal palaces, 339(19). Sardinia, 337. Savoy, 337, 345 nl. Senate: 338(3), 341-342; provisions common to both houses, 343-345 ; see also Chamber of Deputies. Sicily, 337 nl, 349(15). State and Church, see Church. Statuto fondamentale of 4 March 1848, 337. Superior Council of Public Instruction, 342(19). Supreme Pontiff : 347-349 ; see also Holy See. Taxation, 341(30). . Throne, 338(2). Titles, 346(79-80). Treaties, 338(5). Tribunals, 345(70). Tricolor 346 nJ,. Tuscany, 337 nl. Umbria, 337 nl. Vatican, 348(5), 349(12). Venice, Province of, 337 nl. Victor Emmanuel II, 37. Ivory Coast (Africa), 356. 655 Jacmel INDEX. Jaemel (Haiti), 299(32). Jacques I (Haiti), 295. Jade (Germany), 231(53). Jagodina (Serbia), 564(81). James II (England), 256 n2. James, E. J., Foreign Constitutions [The Convention Manual of the Sixth New York State Constitu/tional Convention, 1894] (cited), 218 n6. Japan: 351—358. Agriculture and Commerce, Minister of, 356 nl. Amnesty. 353(16). Army, 352(11), 353(20). Assembly, right of, 353(29). Association, 353(29). Board of Audit, 358(72). Budget, 357(64). Cassation, Court of, 356 nl. Citizens, rights and duties, 353-354. Commerce and Agriculture, Minister of, 356 nl. Communications, Minister of, 356 nl. Constitution, amendments, 358(75). Constitution of 11 February 1889, 351. Council of Ministers, 356 nl. Debate, 355(46). Deficiency appropriations, 357(69). Domicile, 353(22, 25). Emperor, 351-353. Finance : 357-358 ; Minister of, 356 nl. Foreign Affairs, Minister of, 356 til. Fu, 354 n2. Hokushu, 351 nS. House of Peers, see Imperial Diet. House of Representatives, see Imperial Diet. Imperial Diet: 352(7), 354-356; House of Peers, 354(34) ; House of Represen- tatives, 354(35) ; functions, 355(37- 51) ; members, 356(52-54). Imperial House Law, 358(74). Instruction, Minister of, 356 nl. Interior, Minister of, 356 nl. Judiciary, 356-357 ; Minister of, 356 nl. Ken, 354 n2. Letters, secrecy of, 353(26). Loans, 357 (62). Marine, Minister of, 356 nl. Meetings, public, 353(29). Migration, 353(22). Military affairs, 352(11, 13), 353(20). Ministers of State? 356(55-56). Nansei, 351 nS. Navy, 352(11). Nobility, 353(15). Orders, 353(15). Ordinances, 352(9). Pardon, 353(16). Peace, 352(13). Petition, right of, 354(30). Prime Minister, 356 nl. Primogeniture, 352 nl. Privy Council, see Ministers of State. Property, .353(27). I Japan. — Continued. Publication, 353(29). Regent, 353(17). Rehabilitation, 353(16). Religious freedom, 353(28). Residence. 353(22). Shogun, 351. Siege, 352(14). Speech, liberty of, 358(29). Taxation, 353(21), 357(62). Titles of nohility, 353(15). Tokyo, 351 nS. Treaties, 352(13). Trials, 356(59). War : 352(13) ; Minister of, 356 nl. Writing, 353(29). ' Jassy (Roumania), 525(62). Jassy (Roumania), University of, 527(73). Jazygia (Hungary), 35(4). Jergmie (Haiti), 299(32). Jersey (England), 253(10). Jerusalem, 337. Jesuits, Portugal, 500(12). Jesus, Society of (Portugal), 500(12). Jewish religion, 57 nJt. Jews, 518 n2, 540 nl. Jimaguaya Constitution (Cuba), 172(1). Journal de St. Petershoitrg. of 4 Nov. 1905 (cited), 537 nl. Journal ofpclel (French, cited), 193 nl, 195 nl, nS, 198 nl, nS, n6, 203 w6, 208 n5, 210 nl, 213 n3, 214 nl, nS, nJ,, 215 nl. Journal official . 537. Imperial Senate, 543(48). Jews, 540 nl. .Judiciary, 540(22). Lagthing, Norwegian, 538 nl. Language, official, 538(3). Laws, 542(42 )-543(55). Legislation, 544 nl, n2. Legislation, for Finland, 538 nl. Legislative power, 538(7). Loans, 546(76). Migration, 541(34). Military affairs, 538 nl, 539(14), 541(28),. 543(54), 547(77). Ministers, 547(78-79). Mohammedans, 540 nl. Moscow, 547 7tl. Navtil affairs, 539(14), 543(54), 547(77). Non-Christians, 540 nl. Norwegian Lagthing, 538 nl. Official language, 538(3). Pagans, 540 nl. Pardon, 540(23). Peace, 539(13). Property rights, 541(35). Prosecution, 541(30). Public officials (Russia), 538 nl. Religion, freedom of, 540 nl. Religion : State Church, 540 nl. Russian Orthodox Church, 540 til, 544 nl. State Church, 540 nl. Strike, general, of October 1905 (Fin- land), 538 nl. Subjects, 540 nl. Succession, 540(24). Suffrage, 538 nl. Supreme power, see Emperor. Svod, 537 n^. Swedish laws of 1772 and 1789, 538 nl. Ta.vation, 541(29). Thought, freedom of, 542(37). 671 Hussia INDEX. Rnssia — Continued. Titles, 539(19). Treaties, 539(13). Ukases, 539(20), 541(26), 544 nl, 547 nl. Ustavs, 540 nl. War, 539(13). Zemstvo, 544 nl. Russian Orthodox Churcii, 544 1. Husso-Turkish War, 87. Safe conducts: Cuba, 155(29). Safety, public, see Public order and safety. Sal Name (Turkey) (cited), 590 n2. Salic Law, 391 n5. Salnave (Haiti), 295. Salt tax: Germany, 227(38). Salzburg (Austria-Hungary), 6(8), 14(1), 15(6). San Giovanni (Parish, San Marino), 550 (9). San Jos(5 (Costa Rica), 143(116). San Juan del Norte (Nicaragua), 438(69). San Marin»: 549-552. Acquaviva, 550(9). Arringo, 549. Arringo generale, 549. Borgo, 550(9). Captains regents, 552(45). Chiesa nuoya, 550(9). Citizens: 549(1), 550(2-8) ; eligibility to vote, 551(37). Congresso degli Studi, 549. Oongresso dei Legali, 549. Congresso Economico di Stato, 549. Congresso Militare, 549. Councilors, 551(39). Domagnano, 550(9). Electoral districts, 550(8-10). Electoral Regulations of 5 May 1906, 549 «2. Electors, 552(44). Eaetan.0, 550(9). Eiorentino, 550(9). Generale Consiglio Principe, 549. Grand General Council, 549. •Grand Council: 549(l)-552(42) ; elec- tors, 549(l)-550(3) ; electoral dis- tricts, 550 (8-10) ; eligibility, 551 (37) ; renewal, 551(39-42) ; electoral assemblies, 552(43) ; captains regents, 552(45) ; vacancies, 551(40). Metropolitan (Parish), 550(9). Montegiardino, 550(9). Penal Code, 552(46). San Giovanni, 550(9). Seravalle, 550(9). :San Stefano (Bulgaria), 87. Sanitation, see Health, public. Sanjaks (Turkey), 603(109). Santa Catharina (Brazil), 66 nS. .«anto Domingo (Haiti), 295. -Sao Paulo (Brazil), 66 nS. Saone-et-Loire, Department of (France), 210(2). Sardinia, 337. Sarthe, Department of (France), 210(2). Savoie, Department of (France), 210(2). Savoy (Italy), 337, 345 nl. Saxe-Altenburg (Germany), 219(1), 221 (6), 224 nJ,. Saxe-Coburg-Gotha (Germany), 219(1), 221 (6), 224 nh Saxe-Meiningen (Germany), 219(1), 221(6), 224 nh Saxe-Weimar (Germany), 219(1), 221(6), 224 nJ,. Saxony (Germany), 219(1), 221(6), 224 Schaumburg-Lippe (Germany), 219(1), 221 (6), 224 nl Schellenberg (Liechtenstein), 375. Schleswig-Holstein, 217. Schwarzburg-Rudolstadt (Germany), 219 (1), 221(6), 224 nJf. Schwarzburg-Sondershausen (Germany), 219(1), 221(6), 224 nJ,. Science, freedom of: Austria, 3(17) ; Costa Rica, 130(12) ; Panama, 465(13) ; Per- sia, 491(18) ; United States, 611(8). Scotland, 253(11). Search and seizure (legal) : United States, 618(4). Secret negotiations: Costa Rica, 128(75). Secret societies: Turkey, 605(120). Sedan (France), 192(11). Sedano y Agramonte, J. R., El Libra del ciudadano cuhano (cited), 155 nl, 161 nl. Seigniorial rights : Austria, 17 (lie). Seine, Department of (France), 210(2). Seine-et-Oise, Department of (France), 210(2). Seine-et-Marne, Department of (France), 210(2). Seine-Inferieure, Department of (France), 210(2). Senabodi (Turkey), 587. S«=rbia: 553-586. Akkerman Convention of 7 October 1826, 553. Alexinatz, 564(81). Alienation, 554(4) ; see also Territory. Amnesty, 560(51). Arms, 554(2). Army, see Military affairs. Arrest, 555(9). Arrondissements, 578 ( 160)-579 (169) . Assembly, right of, 558(24). Association, right of, 558(25). Authors, 557(22). Belgrade: 553(2), 564(81); University of, 583 nl. Benevolent institutions, 583(193). Budget, 569(112), 579(173), 583(196), 586(201). Censorship, 557(22). Charitable establishments, 583(193). 672 INDEX. Serbia — Continued. Church, 582 (189-191). Citizens; rights and duties, 555(6)- 558(31). Ovil list. 562(66). Coinage, 560 f 49). Colors, national, 554(2). Communes, 578(]60)-579(169). Concessions, 580(176). Confiscation, 556(17). Constitution: of 29 .Tune/11 .luly 1869, 553(4) : of 22" December 1888/3 Jan- uary 1889. 553(5) : of 5/18 June 1903, 554-586: revision of, 584(200). Council of State: 57.'?-575, 585(201); composition, 573(140-141) ; eligil>ility, 574(142) ; attributions, 574(143)- 575(145). Councilors, 567(98). Court of Account.s, 380(179)-581 (181). Court of Appeal, 586(201). Court of Cassation, 586(201). Death penalty, 556(13). Debt, public, 570(118). Departments, 555(5), 578(160) -579 (169). Deputies, 564 (78-83), 566 (95) -568 (100), 571(127). Domain, public, 579(170)-5S0(178). Domain of King, 580(178). Domicile, 536(15). Eastern Orthodox Church, 554(3). Education, 557(21), 583(192). Engineers, 567(98). Envoys, 567(98). Executive power, 559(38). Extradition, 558(31). Finances, 579(170)-580(178). Foreign affairs, 560(52). Foreign troops, 584(199). Foreigners, 558(30), 581(182). Form of government, 554(1). Gornje, 564(81). Hatt-i-sherif of 12/24 December 1838, 553(2). Impeachment, 572(136). Impost, 570(118), 579(170). Jagodina, 564(81). Judges, 576(154)-578(159). Judiciary: 559(39), 575-578; Court of Cas.sation, 575(149) ; judges, 576 (i54)-578(159). Jury, 575^148). Karageorge, 553. King: 559-563, 585(201) ; person of, 559 (40-41); prerogatives, 559(42) -561 (57) ; oath, 561(60) ; regent, 561(61- 62); civil list. 562(66); succession, 563(73-75). Knjashevatz, 564(81). Kragujevatz, 564(81). Krushevatz, 564(81). Law of 3 May 1858, 553(3). Laws recalled Into force, 585(201). Serbia — Continued. Legislative power, 559(33-37). Leskovatz, 564(81). Letters, secrecy of, 557(23). Liberty of conscience, 557(18). Liberty, personal. 555(9). Loznitza, 564(81). Migration, 556(14). Milan I, 561 nl. Milanovatz, .564(81). Military affairs, 559(46), 5S3(194)-584 (199). Military tribunals, 583(197). Mines, 580(175). Minister of Cults, 582(189). Ministers, .567(98), 572(131)-573(139). Monopoly. 580(176). Montenegro, 553(4). Municipal affairs, 578(162-163). National representation, see Skupshtina. National Skupshtina, 568(101-106) ; see also Skupshtina ; Ordinary Skupshtina. Nationality, 558(29). Naturalization, 575(9). Negotin, 564(81). Nish, 564(81). Nobility, titles of, 555(8). Oaths, 561(60), 568(106). Obrenovitch, dynasty of, 561 nl. Official Journal, 586(202). Okruff, 555(5). Opshtina, 555(5). Ordinary National Skupshtina, 567(100) : see also Skupshtina ; National Skup- shtina. Orphans, 582(188). Paratjin, 564(81). Peace, 560(52). Pension, 579(172). Peter Karageorgevitch, 554(6). Peter I, King of Serbia, 585(201). Petition, right of, 558(26). Pirot, 564(81). Physicians, 567(98).. Posharevatz, 564(81). Powers of State, see State, powers of. Press, 557(22). Professors, 567(98). Prokuplje, 564(81). Property rights, 556(16). Proselytism, 557(19). Public service, 581 (182)-582(188). Publications, 557(22). Publishers, 557(22). Regents, 561 (62) -562 (65). Religion, 557(19), 582(189-191). Retirement of officials, 582(187). Schools, 583(192). Seizure, 557(22). Shabatz, 564(81). Skupshtina : 563-571 ; composition, 563 (77-81) ; eligibility to, 564 (84) -565 (87) ; elections, §65(88)-566(93) ; deputies, 566(94)-567(99) ; oath of deputies, 568(106) ; functions, 569 678 Serbia INDEX. Serbia — Continued. Skupshtina — Continued. (108)-571(200) ; see also Ordinary Skupshtina ; National Skupslitina. Smedei-evo, 564(81). Speech, freedom of, 557(22). ^rez, 555(5). State, powers of, 558(32)-559(39). State religion, 554(3), 557(19). Succession, 561(57). Svilajnatz, 564(81). Synod, 582(189). Taxation, 579(170-171). Territory of State, 554(4)-555(5). Titles, 555(8). Tjuprija, 564(81). Treaties, 560(52). Treaty of Adrianople, 553. Tribunals ; see Judiciary. Tshatshak, 564(81). Universal Eastern Church, 554(3). University of Belgrade, 583 nl. Ushitze, 564(81). Ustav, 553(3). Valjevo, 564(81). Vranja, 564(81). War, 560(52). Widows, 582(188). Zajeshar, 564(81). Zadrugari, 564(84). Seravalle (Parish, San Marino>, 550(9). Sergipe (Brazil), 66 iiS. Servitude, see Slavery. Shabatz (Serbia), 564(81). Sharkieh (Egypt), 177(3). Sheik-ul-Islam (Turkey), 591(7). Sheri (Turkey), 491(15), 590(3), 601(87). Shiah Sect of Islam, Twelve Imams of (Persia), 490(1). Siam, 587. Sicily, 349(15), 337 nl. Siege, state of: Brazil, 68(21), 73(48), 81 (80) ; Bulgaria, 94(73) ; China, 109 (36) ; Haiti, 312(125) ; Honduras, 321 (74), 325(35),* 329(21), 335(162); Japan, 352(14) ; Nicaragua, 438(62), 442(21), 447(16) ; Portugal, 502(31), 506(16), 510(6). Silesia, Lower (Austria-Hungary), 6(8), 14 (1), 15(6). Silesia, Upper (Austria-Hungary), 6(8), 14 (1), 15(6). Silver coin: United States, 613(10). Sinoe County (Liberia), 364(5). Skupshtina: Montenegro, 409(17), 412- 417; Serbia, 568(101-106). Slavery : Bulgaria, 93(61) ; Costa Rica, 120 (42) ;Cuba, 153(6) ; Greece, 264(13) ; Honduras, 320(53) ; Liberia, 360(4^ ; Panama, 460(19) ; United States, 620 (13), 622(4). Slavonia (Austria-Hungary"), 26 n-}, 29 nS. Smederevo (Serbia), 564(81). Social orders: Cuba, 155(25). Societies, see Associations. Society of Jesus (Portugal), 500(12). Somme, Department of (France), 210(2). Sophia, Princess, electrix of Hanover, 259 ■nS. Soulouque, General, 295. South Carolina (U. S. A.), 609(2), 621 n2. South China, 105. South Dakota (U. S. A.), 621 n2. South German States, 217. Sovereignty: Cuba, 151(1), 156(36), 157 (43) ; Haiti, 298(27-30) ; Luxemburg, 395(32) ; Nicaragua, 431(1), 432(2) ; Panama, 458(2) ; Portugal, 503(5-6) ; Turkey, 590(3). Spain, 151. Spaniards, 153(6). Spanish-American War, 151. Spanish-Americans, 316(9), 433(3). Speech, freedom of: Brazil, 79(12) ; China, 106(6) ; Cuba, 155(25) ; Great Britain, 257; Greece, 264(14) ; Guatemala, 282 (26) ; Haiti, 297(16) ; Italy, 358 (29) ; Liberia, 362(15) ; Luxemburg, 394 (24), Montenegro, 427(209) ; Panama, 461(27) ; Roumania, 521(24) ; Serbia, 557(22) ; United States, 618(1). Srez (Serbia), 555(5). Staatsarchiv (cited), 175 nl. Staatsverfasujigen des Erdballs, Die, see Posener, Paul. Stanton, Otis G. (translator), 392 nU 407 nS, 517 n2, 554 nS. Stanton, Ruth E., iv ; (translator), 26 nS. State, safety of: Cuba, 157(41). State property, see Property, State. Statesman's Year Book (1918) (cited), 1 nS, 261 n7, 354 n2, 482 nl, 587 n2. Statthalter (Austria), 18 nl. Statute Law Revision Act, 1863 (cited), 240 n2, ti3, 241 n3, 242 n2, n6, 254 nl,. 259 nl. Statutes, The: Second Revised Edition, 1888 : 240 n2, 243 nS, 244 nl, 245 nS, 248 n2, 256 nl, 259 n£. Statuto fondamentale of 4 March 1848- (Italy), 337. Statutum de tallagio non concedendo of 1297 (England), 244-5. Stoerk-Rauchhaupt, Handbuch der deut- schen Verfassungeii (second edition) (cited), 218 n6, 221 nS. Strike, general, of October 1905 (Finland), 538 nl. Styria (Austria-Hungary), 6(8), 14(1), 15(6). Subsidies: Haiti, 310(112); Hungary, 27. Succession: Bulgaria, 90(24), 91(32-.S7); Costa Rica, 149(2) ; Greece, 267(68) ; Montenegro, 410(23)-411 (34) ; Rus- sia, 540(24) ; Serbia, 561(57). Suciava (Roumania), 525(62). Suez, 177(3). Suffrage : Costa Rica, 121-123 ; Cuba, 156(38); Finland, 538 nl; France-, 191(7) ; Germany, 224(20) ; Honduras, 674 INDEX. Turkey Suffi-ase — Continued. 317(24) ; Panama, 463(40) ; Russia, 538 nl; San Marino, 551(37) ; United States, 617(5). Sultan (Turivey), 590(5-7). Sun Yat-sen, 105. 8uplantaci6n (Costa Rica), 140(103). Supreme Caliphate of Islam (Turkey), 590(3). Supreme Pontiff, 347-349. Svilajnatz (Serbia), 564(81). Svod, 537 rUi. Swedish laws of 1772 and 1780, 538 til. Synod, Holy, 540 nl. Szoereny (Hungary), 35(4). Szolnok (Hungary), 35(4). Table of Magnates (Hungary), 38(1), 40(5-10). rnfct'im-i-T(^«^. (Turkey), (cited), 590 n2. Tangier, 253(11). Tarn, Department of (France), 210(2). Tarn-et-(iaronne, Department of (France), 210(2). Taxation: Austria, 16(11); Austria-Hun- gary, 4(2), 10(4) ; Brazil, 63(7) ; Bul- garia, 92(48), 94(69), 98(105) ; China, 106(13), 107(19) ; Costa Rica, 145(120); Cuba, 156(34), 162(8) ; Egypt, 179(17); Germany, 220(4); Greece, 270(59) ; Guatemala, 285(54) ; Honduras, 321(66), 325(26); Hun- gary, 33; Italy, 341(30); Japan, 353 (21), 357(62) ; Liechtenstein, 380(40, 43) ; Nicaragua, 443(13), 437(55), 442 (13), Panama, 462(41-43), 460(21) ; Persia. 497 (94-95) ; Portugal, 502(27) ; Russia, 541 (29) ; Serbia, 579(170-171) ; Turkey, 589.592(20) ; United States, 608(2), 611(8), 612(9), 622(16). Teaching, freedom of: Austria, 13(17); Haiti, 297(18). Teheran, 481, 483(6). Teleorman (Roumania), 525(62). Tcmes (Hungary), 35(4). Tennessee (U. S. A.), 621 nZ. Territory: Belgium, 44(33); Bulgaria, 88 (1-3) ; Costa Rica, 113(5), 143(116), 180(6) ; Cuba, 165(17) ; Greece, 266 (38) ; Honduras, 822(77), 325(28) ; Luxemburg, 392(1-2) ; Montenegro, 411 (36) ; Panama, 457(1), 458(3-5) ; Per- sia, 485(22) ; Portugal, 490-506(12) ; Roumania, 517(1) - 518(4) ; Serbia, 554-555; United States, 616(3); see also Alienation of territory. Texas (U. S. A.), 621 n2. Thiers, 192(11). Tibet, 106(3), 107(18). Tinnin (Hungary), 39(4). Tirnovo (Brazil), 87. Titles, see Nobility. Tjuprija (Serbia), 564(81). Tobacco: Germany, 226(85), 227(88); Honduras, 320(59). Tokyo, 351 «2. Torontal (Hungary), 85(4). Torre and Espada, Order of (Portugal), 513 (75). Torture: Bulgaria, 95(75) ; Honduras, 819 (43) ; Nicaragua, 435(35) ; Turkey, 589, 593(26). Trade-marks: Austria, 17(11); Brazil, 80 (27) ; Nicaragua, 437(59). Trades and occupation, sec Occupation, freedom of. Traites, Recucil de (cited), 392 »^. Treason: China, 107(19) ; Costa Rica, 112 (3), 120(48) ; France, 194(6) ; Haiti, 297(15) ; Panama, 469(78) ; United State-s, 610(6), 615(4), 616(3). Treasury, see Finance. Treaties: Austria, 10(11), 24(6) ; Belgium, 52(68) ; Brazil, 68(12), 73(48) ; Bul- garia, 89(17) ; China, 109(35) ; Costa Rica, 112(3), 128(76) ; Cuba, 159(6), 162(12), 164(7), 168(93), 173(1); France, 196(8) ; Germany, 219(3), 223 (11) ; Greece, 266(32) ; Guatemala, 286 (9) ; Haiti, 305(75), 312(127) ; Hon- duras, 325(22), 326(99), 328(14) ; Italy, 338(5) ; Japan, 352(13) ; Lux- emburg, 396(37) ; Nicaragua, 432(2), 433(11, 16), 442(7), 446(10), 454 (162) ; Panama, 465(6) ; Persia, 485 (24), 494(52) ; Portugal, 506(15), 510 (7), 513(73) ; Russia, 539(13) ; Serbia, 560(52) ; United States, 613(10), 614 (2), 615(2), 617(6). Treaties, Conventions, International Acts, Protocols, and Agreements hetween the United States of America and other Powers, by W. M. Mallory (cited), see Mallory, W. M. Treaty, see under name of place where con- cluded. Treaty of 28 June 1835 (Cuba), 153(6). Trial by jury: United States, 615(2), 619 (6), 619(7). Tribunals: United States, 611(8). Tribute: Egypt, 180(20). Triest (Austria-Hungary), 6(8), 14(1), 15(6). Troppau (Liechtenstein), 375. Tsan Cheng Yuan, 105. Tshatshak (Serbia), 564(81). Turco-Russian War, 517. Turkey: 589-605. Ambassadors, 598(62). Assembly, right of, 605(120). Associations, 592(13). Bankruptcy, 599(6). Berat, 600(81). Board of Accounts, 603(105-107) ; see also Finance. Budget, 598(64), 602(96-102). Cabinet, see Council of Ministers ; Cham- ber of Depxities. Cabinet ministers, 598(62). 675 Turkey INDEX. Tnrlcey — Continued. Chamber of Deputies: 593(30)-595(38) ; 598(65)-600(80) ; elections, 598(66)- 599(72) ; salary, 599(76) ; debates, 600(78) ; see also Senate, Parliament, Cabinet. Chamber of Judgment, see High Court. Charges Chamber, see High Court. Chief Rabbi, 598(62). Citizens : 591-593. Coinage, 590(7). Confiscation, 589, 593(24). Constantinople, 590(2). Constitution, amendments, 604(115—116). Council of Ministers, 598(28-29) ; see also Chamber of Deputies. Council of State, 604(117). Court of Cassation, 604(117). Domicile, 592(22). Education, 592(15), 604(114). Equality before law, 589, 692(17). Finance: 598(64), 602(96)-603(107). Forced labor, 593(24). Foreigners, 599(10). Generals, 598(62). Government service, 592(19). Governor General, 598(62). Orand Vizier, 591(7), 593(27). Hatt-i-humayoun of 18 February 1856, 589. Hatt-i-sherif of 3 November, 1839, 589. High Court: 601 (92)-602(95) ; Charges Chamber, 601(93) ; Chamber of Judg- ment, 601(93) ; see also Judiciary. Judiciary: 600(81)-601(91) ; see also High Court. Juge d' instruction, 605(119). Earns, 603(109). Kasi asker, 598(62). Letters, secrecy of, 605(119). Martial law, 604(113). Ministers, 593 (30) -595 (37). Municipal affairs, 604(112). Mussulman faith, 590(4), 591(11). Mustantik, 605(119). Muvella, 601(89). Nizam, 601(87). Official Almanac, 590 m2. Official Gazette, 590 n2. Ordu mushiri, 598(62). Orphans, 603(111). Osman, House of, 590(3). Ottoman, 591(8-9). Padishah, 589. Parliament: 595(42)-597(59) ; meeting, 595(43)-596(45) ; oath, 596(46) ; members, rights and privileges, 596 (47-50) ; functions, 597(51-59) ; see also Senate ; Chamber of Deputies ; Cabinet. Patriarch, 598(62). Personal liberty, 591(10). Petition, right of, 592(14). Press, 592(12). Property. 589, 592(21). Turkey — Continued. Provinces, 603(108)-604(112). Public officials, 595(39-41). Sal Name, 590 n2. Sanjaks, 603(109). Secret societies, 605(120). Senate, 597(60)-598(64), 604(117), 605 (121) ; see also Chamber of Deputies; Parliament ; Cabinet. Sheik-ul-Islam, 591(7), 593(27). Sheri, 590(3), 601(87). Sovereignty, 590(3). Sultan, person of, 590 (5-7). Superior judge, 598(62). Supreme Caliphate of Islam, 590(3). Takvini-i-Vekai, 590 n2. Taxation, 589, 592(20). Titles, 590(7). Torture, 589, 593(26). Treaty of Berlin of 13 July 1878, 589. Turkish language, 592(18). rakf, 603(111). Vaii, 598(62). Vilayets, 603(109). Worship, freedom of, 589. Young Turk party, 590. Turkish .language, 592(18). Turnu-Magurele (Roumania), 525(62). Turnu-Severin (Roumania), 525(62). Tuscany, 337 nl. Tutova (Roumania), 525(62). Tyau, Min-cb'ien T. Z., China's Neiv Con- stitution and International Problems (cited), 105 «2. Tyrol (Austria), 6(8), 14(1), 15(6). Ukases (Russia), 539(20), 541(26), 544 nl, n2, 547 nl. Ulema, 490(2). Umbria, 337 nl. Union of Belgium and Holland, 43. United States, Department of State, trans- lation of Constitution of Greece, 262 nl. United States of America: 151, 476 (136), 607-623. Alabama, 621 nS. Alaska, 621 n2. Ambassadors, 614(2), 615(2). Apportionment, 608(2), 621 n2, 622(16). Appropriate legislation, 611(8), 620(2), 622(5), 622(2). Arizona, 621 n2. Arkansas, 621 n2. Armies, see Military affairs. Arms, 618(2). Arrest, 610(6). Arsenals, 611(8). Arts, 611(8). Attainder, 612(9), 613(10), 616(3). Authors, 611(8). Bail, 619(8). Ballot, 619(12). Bankruptcies, 611(8). Bills of credit, 613(10). -^ 676 INDEX. United States United States of America — Continued. Rjunties, 622(4). Bribery, 015(4). California, 621 n.?. Capitation, 612(9). Census, 608(2), 612(9). Chief justice, 609(3). Citizens, 608(2), 609(3), 613(1). Citizenship, 616(2), 621(1). Coins and coinajje, 009(3), 611(8), 618 (10). Colorado, 621 n2. Commerce, 611(8), 612(9). Congress, 608(1)-612(9), 613(1)-615(3), 616(1), 617(5), 020(2), 621(3), 622 (5), 022(15-16). Connecticut, 621 n2. Constitution, 611(8), 613(1), 615(2), 616 (3), 617(5), 617(6), 618(7), 619(9- 10), 621(3). Constitution, amendments, 618-623. Copyright, 611(8). Courts, 611(8), 614(2), 615(1). Credit (States), 616(1). Credit of U. S., 611(8). Criminal prosecution, 018(5), 619(6). Debt of the United States, 622(4). Debts, payment of, 613(10). Defense, 611(8). Delaware, 608(2), 621 n2. Departments, 614(2). District of Columbia, 611(8). Duties, customs. 611(S), 613(10). Duty of tonnage, 613(10). Elections, 609(4), 610(5), 613(1). Electors, 613(1), 619(12). Emancipation, 621(1). Emolument from foreign powers, 610(7). Enemies, 616(3). Equality before law, 621(1). Executive departments, 614(2). Executive legislation, 611(8). Executive power, 613(1). Excises, 611(8), 613(10). Export. 612(9), 613(10). Eo' post facto laws, 612(9), 613(10). Felony, 610(6), 611(8). Finance, 611(8), 612(9). Pines, 619(8). Florida, 621 n2. Foreign Powers, 613(10). Foreigners, 619(11). Forfeiture, 616(3). Form of government, 617(4). Formation of new States, 616(3). Forts, 611(8). Freedom of speech, 618(1). Fugitives, 616(2). Georgia, 608(2), 621 n3. Gold and silver coin, 613(10). Government, form of, 617(4). Grand jury, 618(5). Guarantee against domestic violence, 617(4). Habeas corpus, 612(9). Hawaii, 621 ni. ITnitert States of America — Continued. Heads of departments, 614(2). House of Representatives, 608(2), 610(5- 7), 019(12), 021(3). Idaho, 621 n2. Illinois, 621 M.2. Immigration, 613(10). Immunities, 610(6), 613(10), 621(1). Impeachment, 608(2), 609(3), 614(2), 615(4), 615(2). Imports and exports, 613(10). Imposts, 611(8). Incomes, 622(16). Indian tribes, 611(8). Indiana, 621 n2. Indictment, 618(5). Insurrection, 611(8), 621(3). Invasion, 612(9), 613(10), 617(4). Inventors, 611(8). Involuntary servitude, 620(1). Intoxicating liquors, 623(1). Iowa, 621 n2. .Tournal of Houses, 610(5). Judges, 615(1), 617(6). Judiciary: 615(2), 616(1), 617(6), 619 (11) ; courts, 611(8), 614(2), 615(1). Junction of two or more States, 616(3). Jurisdiction. 615(2), 616(3). Jury trial, 615(2), 619(6), 619(7). Kansas, 621 n2. Kentucky, 621 n2. Law of nations, 611(8). Law of the land, 617(6). Laws. 611(8), 615(2). Legal tender, 613(10). Legislation, 611(8), 620(2), 622(5), 622 (15). Legislative powers, 608(1). Letters of marque, 611(8). Liquors, see Intoxicating liquors. Louisiana, 621 n2. Magazines, 611(8). Maine, 621 tu2. Maritime jurisdiction, 615(2). Maryland, 607 nl, 608(2), 621 n2. Massachusetts, 607 nl, 608(2), 621 nZ. Measures, 611(8). Michigan, 621 n2. Military affairs, 611(8). Militia, 611(8), 618(2). Minnesota, 621 n2. MisdemeHnor, 615(4). Mississippi, 621 n2. Missouri, 621 n2. Money, 611(8), 612(9). Montana, 621 nJ2. Natural-born citizens, 614(1). Naturalization, 611(8), 021(1). Naval affairs, 611(8), 615(2). Nebraska, 621 tiS. Nevada, 621 n2. New Hampshire, 608(2), 621 n2. New Jersey, 608(2), 621 n2. New Mexico. 621 ««. New States may be admitted, 616(3). 677 United States INDEX. United States of America — Continued. New York, 608(2), 621 n^. Nobility, 612(9). North Carolina, 608(2), 621 n3. North Dakota, 621 n2. Oaths, 609(3), 613(1), 617(6). Offenses against the law of nations, 611(8). Offenses against the United States, 614 (2). Office under the United States, 610(6), 612(9). Ohio, 621 n2. Oklahoma, 621 n2. Oregon, 621 n2. Overt act, 616(3). Pardon, 614(2). Patent rights, 611(8). Peace, 610(6), 613(10), 618(3). Pennsylvania, 607 nl, 608(2), 621 ni. Pensions, 622(4). Petition, right of, 618(1). Philippine Islands, 621 n2. Piracies, 611(8). Porto Rico, 621 n2. Ports, 612(9). Post offices, 611(8). Post roads, 611(8). President, 609(3), 610(7), 613(1), 614 (2), 615(3), 619(12). President of the Senate, 609(3). President 2^7-0 tempore, 609(3). Press, 618(1). Private property, 618(5). Prizes, 611(8). Process of law, 618(5). Property of the United States, 617(3). Prosecutions, 619(6). Protection of the law, 621(1). Public debt, 622(4). Public trial, 619(6). Punishment, excessive, 619(8). Punishment according to law, 609(3). Quorum in Congress, 610(5), 620(12). Race, 622(15). Ratification of amendments, 617(5). Ratio of representation, 608(2), 621(2). Rebellion, 611(8), 621(3). Religion, 617(6), 618(1). Representation and direct taxation, 608(2), 621(2). Representatives, 608(1-2), " 609(4), 610(6-7), 613(1), 617(6), 621(2-3). Reprisal, 611(8), 613(10). Republican form of government, 617(4). Revenue, 610(7), 612(9). Rhode Island, 608(2), 621 nS. Rules of proceedings, 610(5). Science and arts, 611(8). Searches and seizures, 618(4). Seat of Government, 611(8). Security of a free State, 618(2). Senate, 609(3), 610(5, 7), 614(2), 615(3), 617(5). United States of America — Continued. Senators, 609(3)-610(6), 613(1), 614 (2), 615(3), 617(5-6). Servitude, 620(1), 622(15). Ships of war, 61o(10). Silver coin, 613(10). Sla.very, 620(13), 622(4). Soldiers, 618(3). South Carolina, 609(2), 621 w3. South Dakota, 621 nS. Speech, freedom of, 618(1). State of the Union, 615(3). State legislatures, 617(6). States, 608(2), 611(8), 613(10), 616(1)- 617(4), 617(5), 618(7), 619(10, 12). Suffrage in Senate, 617(5). Suits at common law, 619(7), 619(11). Supreme Court, 611(8), 615(1-2). Supreme law, 617(6). Taxation, 608(2), 611(8), 612(9), 622(16). Tennessee, 621 n2. Territory, 616(3). Texas, 621 fi2. Tie vote, 609(3). Treason, 610(6), 615(4), 616(3). Treaties, 613(10), 614(2), 615(2), 617 (6). Trial by jury, 615(2), 619(6), 619(7). Tribunals, 611(8). Utah, 621 n2. Vacancies, 608(2), 609(3), 615(3). Vermont, 621 n2. Veto, 611(7). Vice-President, 609(3), 613(1), 615(4), 619(12). Virginia, 609(2), 621 n2. Vote, 609(3), 610(7), 610(5), 609(3), 614(2), 617(5), 622(15), 623 n2. War, 611(8), 613(10). Warrants, 618(4). Washington, 621 n2. Weights and measures, 611(8). West Virginia, 621 n2. Wisconsin, 621 n2. Wyoming, 621 n2. Universal Eastern Church (Serbia), 554 (3). Ushitze (Serbia), 564(81). Ustav (Serbia), 540 nl, 553(3). Utah (U. S. A.), 621 n2. Vaduz (Liechtenstein), 375. Vakf (Turkey), 603(111). Van (Turkey), 598(62). Valiahd, 493(37). Valjevo (Serbia), 564(81). Var, Department of (France), 210(2). Vassalage: Austria, 12(7). Vatican, 348(5), 349(12). Vaucluse, Department of (France), 210(2). Vendue, Department of (France), 210(2). Venice, Province of, 337 nl. Veraguas, 458(14).. 678 INDEX. Zeydel Vcrfassnnci des deiitschen Reichs, see Arndt, A. Vermont (U. S. A.), 621 n2. Versailles, 194 «7, 198 n2. Verordnungen (Austria), 22(7). Veterinary matters: Germany, 221(15). Veto: Brazil, 69(37) ; Cliina, 108(23) ; Costa Rica, 146(121) ; United States, 611(7). Victor Emmanuel II (Italy), 37. Victoria (Great Britain), 241 n2, 259 nl. Vienna, Congress of, 391. Vienna, Treaty of, 392 ni. Vienne, Department of (France), 210(2). Vilayets (Turkey), 603(109). Vilayos, surrender of Hungarians at, 13 Aug. 1849, 25. Vincent, J. M., and A. S. Vincent, Supple- ment to the Annals of the American Academy of Political and Social Sci- ences, May, 1896 (cited), 44 nl. Virginia (U. S. A.), 609(2), 621 n2. Voralberg (Austria), 6(8), 14(1), 15(6). Vosges, Department of (France), 210(2). Veto de gualidade (Brazil), 67(32). Vranja (Serbia), 564(81). Wages: Egypt, 184(40). Waldeck (Germany), 219(1), 221(6), 224 nJ,. Wales, 253(10). Walferdange, chateau of, 396(44). Walker, William, 431. Wallachia, 517. War: Austria, 24(5); Brazil, 60(11), 72(42) ; Bulgaria, 104(161) ; China, 109(35) ; Costa Rica, 114(15), 128(76), 137(99); Cuba, 162(12); France, 197(9) ; Germany. 223(11) ; Greece, 266(32) ; Guatemala, 286(14) ; Hondm-as, 321(67), 325(32), 328(12), 330(114), 352(13), 356 nl; Nicaragua, 442(18), 447(25) ; Panama, 465(7) ; Russia, 5.39(13) ; Serbia, 560(52) ; United States, 611(8), 613(10). Wars of Independence (Cuba), 163(65). Washington (U. S. A.), 621 n2. Waterways, sec Canals. Waterinf/en (Belgium), 57(113). Waterloo, 191(5). Weights and measures: Austria, 17(11); Brazil, 68(9) ; China, 107(19) ; Costa Rica, 130(8); Cuba, 161(59); Ger- many, 220(4) ; Guatemala, 286(8) ; Honduras, 329(29) : Nicaragua, 442(17) ; Panama, 466(23) ; Portu- gal, 506(10) ; United States, 611(8). West Flanders (Belgium), 44(1). West Virginia (U. S. A.), 621 n2. Westminster, 25(5(1). Whipping: Nicaragua, 435(35). White's Award of 12 Sept. 1914, 113(5). Wied, William of. Prince, 1. William III (Luxemburg), 391. William and Mary (England), 256(1), 258, and nS. William of Wied, Prince, 1. Wisconsin (U. S. A.), 621 n2. Women: Nicaragua, 432(9)-433(lo) ; United States, 623 n2. Wood, Gen. Leonard, Gaceta (Cuba) (cited), 151 ni. Wright, Herbert F. (editor), iii-iv ; (trans- lator), 295 n.'i. Writers: Bulgaria, 95(79); Greece, 264(14) ; Roumania, 521(24) ; see also Authors. Wiirttemberg, 219(1), 221(6), 224 nh 231 nS. Wyoming (U. S. A.), 621 n2. Yangtse River, 105. Yonne, Department of (France), 210(2). Young Turk Party, 590. Yuan Shi-Kai, 105. Zadrugari (Serbia), 564(84). Zajeshar (Serbia), 564(81). Zarand (Hungary), 35(4). Zemstvo, 544 nl. Zeydel, E. 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